Terms and Conditions

a. Platform Role

1. i. Plug Software Limited provides a platform where Brands can connect with Creators for campaign collaborations. We act as an intermediary, managing all interactions between Brands and Creators.

b. Account Creation

1. i. Brands

   To use our services, Brands must create an account and provide accurate information about their business, logo, and campaign brief.

a. Booking Requests and Contract Formation

1. i. Brands

   When a booking request is made through the Plug platform, and a Creator accepts that request, a legally binding contract ("Contract") is established between the Brand, the Creator, and Plug Software Limited as the intermediary. This Contract obligates all parties to adhere to the terms of the booking request, including the agreed-upon content format, publication date, and compensation.

a. Brands

Once a Creator accepts your booking request, you are contractually obligated to honor the terms of the request, including allowing the Creator to publish the content on the agreed-upon date and format. You should also ensure to provide all necessary support (if required) for the creator to create that content and meet the agreed terms.

a. Brand

1. i. During the proposal review process, the Brand may request reasonable adjustments to the Creator's proposed content to ensure alignment with the campaign goals and specifications as outlined in the booking agreement. Such requests must be reasonable and within the scope of the original agreement.

2. ii. After the content is produced, the Brand may: request up to two (2) minor revisions for text/image content and three (3) minor revisions for video content provided these are within the original agreed scope and are to ensure alignment with campaign goals and specifications

3. iii. After the content is published, the Brand may request revisions only for factual errors, legal, security, or compliance issues.

a. Brands

Plug Software Limited will handle the payment to the Creator on your behalf, as outlined in the Contract. The payment process will be initiated upon the successful publication of the content in accordance with the terms of the Contract.

a. Brands

All communication with Creators will be managed by Plug Software Limited. You agree not to engage directly with Creators outside of our platform processes unless agreed in writing.

a. Brands

Plug Software Limited will keep you informed of all campaign developments. You are required to respond to updates and requests within 24 hours to keep the campaign on track. Plug is not responsible for any delays or material damages caused by unresponsiveness by the customer and is not obligated to work on a compressed timeline due to the same.

a. Payment Terms

1. i. Brands

   You will be charged a service fee, to be included in your invoice. This fee covers all services provided by Plug Software Limited and is separate to any service fees you will also be charged for your campaign budget, also managed by Plug.

b. Payment Processing

1. i. Brand

   All payments to Plug will be invoiced and payable by ACH or direct bank transfer.

2. ii. Both parties

   Both parties must provide accurate payment details. Plug Software Limited is not responsible for delays or errors caused by incorrect information.

c. Taxes

1. i. Brands and Creators

   Each party is responsible for any applicable taxes on payments received. Plug Software Limited does not withhold or pay taxes on your behalf.

d. Creator Fees

1. i. Service Fee

   When we recommend a Creator for a campaign, a single all-in Plug fee (currently 10%) is deducted from the Creator's payment. This one fee covers all services provided by Plug Software Limited, including the cost of processing your payout — no separate processing, transfer, or Stripe fee is added on top. A minimum fee always applies so that, on average, the fee covers the payment-processing cost.

2. ii. Net Payment

   Creators receive the amount they offered for the campaign, minus the single all-in Plug fee. Example: if a Creator's listed price is $100, the 10% Plug fee is $10, so the Creator receives $90. No separate processing or transfer fees are deducted.

e. Unused Campaign Funds

1. i. If the campaign comes in under budget, the Brand is entitled to a refund of any prepaid and unused funds.

2. ii. Plug must identify and report any unused funds to the Brand within 5 business days of campaign completion, then return the refund within fifteen business days of the final reconciliation.

3. iii. Refunds will be made via the original payment method unless otherwise agreed in writing.

a. Ownership of Content

1. i. Brands

   You acknowledge that the content created by Creators (excluding any Brand Materials as defined below) is their intellectual property and agree to use it in accordance with these Terms. Brand grants to Creator a non-exclusive, revocable, worldwide license to use any materials owned or licensed by Brand (e.g. Brand trademarks) that Brand authorizes Creator to use to create the content ("Brand Materials"). Creator will immediately take down or remove any content created for Brand if instructed to do so by Brand.

b. Use of Brand Materials

c. Compliance, Ethics & Reputation Protection

a. Professionalism

1. i. Brands

   You agree to provide clear, accurate, and timely information to Plug Software Limited and respond to campaign updates promptly.

b. Compliance with Laws

1. i. Brands and Creators

   Both parties agree to comply with all applicable laws, regulations, and industry standards. Non-compliance may result in termination of services.

c. Confidentiality

1. i. Brands

   You may receive confidential information about Creators, and vice versa. Both parties agree not to disclose this information to third parties without the other's permission.

d. Use of Brand and Logo Materials

1. i. Plug Software Limited reserves the right to use the Brand's or Creator's logo, name, and other brand materials on our website, platform, or related promotional materials to fulfill campaign obligations. This includes presenting these materials to potential collaborators, showcasing them on our platform, or using them in promotional content directly related to the agreed-upon campaign. However, if either the Brand or the Creator wishes to place additional restrictions on the use of their materials, they reserve the right to issue a Non-Disclosure Agreement (NDA) between themselves and Plug Software Limited. This NDA will define the specific terms under which brand materials can be used, ensuring additional confidentiality and control.

e. Disputes

a. Disputes

1. i. Plug Software Limited is not liable for any disputes or issues that arise between either Party

b. Service Availability

1. i. While we strive to ensure the uninterrupted operation of our platform, Plug Software Limited do not guarantee that our services will always be available, error-free, or secure.

c. Indirect Damages

1. i. Neither party shall be liable to the other party for any indirect, incidental, or consequential damages, including lost profits or opportunities, arising from this Agreement or the use of our services.

d. Indemnification

1. i. "Claims" means all liabilities, losses, damages, costs (including reasonable attorneys' fees), and expenses.

2. ii. Brand

   The Brand shall indemnify and hold harmless the Creator, Plug Software Limited, and their respective affiliates (the "Creator and Plug Indemnified Parties") from any Claims arising from: (i) the Brand's breach of this Agreement or the campaign-related Contract; (ii) claims that Brand Materials infringe any third-party rights; (iii) the Brand's products or services (except where caused by the Creator's breach); (iv) the Brand's violation of applicable laws; or (v) the Brand's negligence or willful misconduct.

3. iii. Plug Software Limited

   We shall indemnify and hold harmless the Brand, the Creator, and their respective affiliates (the "Brand and Creator Indemnified Parties") from any Claims arising from: (i) Plug Software Limited's breach of this Agreement; (ii) claims that the Plug Software Limited Platform infringes any third-party rights; (iii) Plug Software Limited's violation of applicable laws; (iv) Plug Software Limited's negligence or willful misconduct; or (v) a data breach of the Platform (except where caused by the Brand or Creator).

4. iv. Indemnification Procedure

   The Indemnified Party will promptly notify the Indemnifying Party of any Claim. The Indemnifying Party will control the defense and settlement, but cannot settle in a way that admits liability for the Indemnified Party without their consent. The Indemnified Party may participate in the defense at its own expense. Failure by an Indemnified Party to give prompt notice to the Indemnifying Party will only relieve the Indemnifying party of its indemnification obligation to the extent that the Indemnifying Party is prejudiced by the delay.

5. v. Direct Damages

   Each party is only responsible to the other for direct damages. Unless there is gross negligence, intentional misconduct, or where the law doesn't allow it, the total amount either party can be held liable for (across all claims) is limited to the total fees paid in the year the issue happened.

a. Termination by Brands

1. i. You may cancel your subscription at any time through your account settings. However, any ongoing campaigns must be completed before cancellation. Except as otherwise expressly provided in this Agreement (including, without limitation, Section 8(e)), no refunds will be provided for any fees already paid.

2. ii. The Brand may terminate any agreement with the Creator at any time without liability if the Creator:

   • Breaches any terms of this Agreement or applicable laws;
   • Engages in behavior that could harm the Brand's reputation, including controversial or offensive content;
   • Fails to deliver high-quality content as per campaign guidelines;
   • Attempts to negotiate payments outside the Plug platform.

b. Termination by Plug Software Limited

1. i. We reserve the right to terminate access to our platform for any party which materially breaches these Terms or if their conduct is, in our reasonable judgement, materially detrimental to our business, the integrity of the platform, or other users. In such cases, no refund will be issued.

a. Governing Law

1. i. These Terms are governed by the laws of the state of Delaware, United States, without regard to its conflict of laws principles.

b. Dispute Resolution

1. i. Any disputes, claims, or controversies arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively through binding arbitration conducted in the State of Delaware, United States. The arbitration shall be administered in English and shall follow the rules set forth by the applicable arbitration body. The decision of the arbitrator(s) shall be final and binding on all parties, and judgment on the arbitration award may be entered in any court having jurisdiction.

a. Amendments

1. i. Plug Software Limited may update these Terms periodically. Plug will provide at least fifteen (15) days notice of any material changes by email or platform notification. Continued use of our services after such changes constitutes acceptance of the revised Terms.

b. Severability

1. i. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

c. Entire Agreement

1. i. These Terms constitute the entire agreement between you, Plug Software Limited, and the other party regarding the use of our platform and services.

2. ii. For any questions or concerns regarding these Terms, please contact us at team@plug.dev