Terms and Conditions for FameUp Mobile Application
1. INTRODUCTION
These Terms and Conditions (“Terms”) constitute a legal agreement between you and FameUp, Inc., a company incorporated and existing under the laws of the State of Delaware and having its headquarters in the United States located at 3500 South DuPont Highway, County of Kent, Dover, DE 19901, and these Terms govern your use of our mobile application available for download at: https://play.google.com/store/apps/details?id=net.fameup.app
and
https://apps.apple.com/tt/app/fameup/id1510511383
(“FameUp App”) and any content or features available through the FameUp App (“Materials”) .
Throughout these Terms we will refer to you as “you” or “your”, and we will refer to FameUp, Inc. as “us”, “we” or “FameUp, Inc”.
Your use of the FameUp App and the Materials are further subject to the General Terms and Conditions for Digital Services available at https://fameup.com/en/terms-and-conditions/ (“General Terms”), which are incorporated herein by reference. In the event of any conflict or inconsistency between these Terms and the General Terms, these Terms will control with respect to your use of the FameUp App.
These Terms apply to you as soon as you first download and access the FameUp App on your device, and you are deemed to have agreed to be bound by them upon such first access. When accepted by you, these Terms form a legally binding agreement between you and FameUp.
READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE FAMEUP APP. YOU MUST AFFIRMATIVELY ACCEPT THESE TERMS BY CLICKING “ACCEPT” BELOW IN ORDER TO ACCESS OR USE THE FAMEUP APP. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE FAMEUP APP, AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO OR USE OF THE FAMEUP APP.
The FameUp App is not intended for individuals under the age of 18. By using the FameUp App, you represent and warrant that you are at least 18 years old.
2. ADDITIONAL TERMS
The following additional terms and conditions apply with respect to the FameUp App that we provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
The following additional terms and conditions apply with respect to any FameUp App that we provide to you designed for use on an Android-powered mobile device (an “Android App”):
3.INTELLECTUAL PROPERTY
For the purposes of these Terms, “Intellectual Property Rights” means any intellectual property rights (including industrial property rights) as well as any other similar rights which may exist anywhere in the world (worldwide), including but not limited to, copyright, neighbouring rights, rights similar to the copyright, sui-generis rights, including sui-generis rights over databases, other rights which may be subsequently acknowledged over databases, any rights in any computer software, any rights in any software and hardware configurations, rights to inventions, rights to a patent, rights arising out of a patent application, rights arising out of a patent certificate, rights related to a technical accomplishment, rights in utility models, rights arising out of an utility model application, rights arising out of an utility model certificate, rights arising out of a trademark application, rights arising out of a trademark certificate, rights in a geographical indication, rights arising out of a geographical indication certificate, rights in ornamental designs, rights arising out of ornamental designs applications, rights arising out of ornamental designs certificates, rights in topographies of semiconductors, rights arising out of certificates of topographies and semiconductors, commercial/trade name rights, domain names rights, know-how rights, rights in confidential information (including but not limited to trade secrets), as well as any other intellectual property rights and other similar or equivalent rights which exist or shall arise in the future worldwide, regardless of whether they are registered or not, together with their renewals, extensions, restitutions as well as all applications related to such rights (whether registered or not), all registrations and pending registrations regarding any of the above-mentioned rights, the benefit of any pending registration and the right to file for the registration of such rights, as well as all action-related rights, powers or benefits arising or resulting thereof, regarding any of the above-mentioned rights, including actions against infringement and the right to sue for recovering any damages for past infringements.
The Intellectual Property Rights pertaining to FameUp App belong to Inovatie Alia SRL, a limited liability company incorporated and existing under the laws of Romania, registered with the Trade Registry under no. J22/410/2016, having European unique identifier number (EUID) ROONRC.J22/410/2016, sole registration code (CUI) 35663871 and having its headquarters located at 12 Aleea Păcurari, Building G2, Entrance B, 2nd Floor, Apt. 10, Room 4, Iași, Iași county, Romania. FameUp, Inc is a licensee of Inovatie Alia SRL’s Intellectual Property Rights pertaining to FameUp.
By accessing and/or using the FameUp App, you understand that FameUp, Inc is a licensee of all Intellectual Property Rights in and to the FameUp App and the Materials. Nothing in these Terms shall be construed as granting you any rights in or to any Intellectual Property Rights in the FameUp App.
By using the FameUp App, you understand that we grant you a limited, personal, non-exclusive, non-transferable right to use the FameUp App in order to facilitate access (a) if you represent a Brand (as defined in the General Terms), to create marketing campaigns or posts on social networks through influencers and (b) if you are an Influencer (as defined in the General Terms), to promote products and/or services published by the Brands (1) by participating in the campaigns as a Brand and you, as an Influencer, may mutually agree, or (2) by electing to participate in a Brand’s campaign that FameUp has proposed to you. Your right to use the FameUp App and Materials is conditioned on your compliance with these Terms. You have no other rights in the FameUp App or any Materials, and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the FameUp App or Materials in any manner.
We may provide modifications, enhancements, improvements, updates or patches to the FameUp App at any time. You must update the FameUp App on your mobile device in order to make use of any new or updated features or functionality made available through any such modifications, enhancements, improvements, updates or patches. We are not liable for any results, losses. vulnerabilities or inability to use the FameUp App due to your failure to install any modifications, enhancements, improvements, updates or patches that we make available to you.
THE FAMEUP APP IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE FAMEUP APP OR ANY USE THEREOF, INCLUDING ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE FAMEUP APP WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE FAMEUP APP OR FROM US OR OUR AFFILIATES CREATES ANY WARRANTY. WE DISCLAIM ALL EQUITABLE INDEMNITIES.
We accept no liability for any disruption or non-availability of the FameUp App resulting from external causes including, but not limited to, equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.
To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, incidental, exemplary or special damages arising from your access and/ or use of the FameUp App or any information contained in it, and you use the FameUp App and its content at your own risk.
3A. COLLABORATIONS, PAYOUTS & RETROACTIVE RIGHTS
Payouts & Verification. You may withdraw your earnings once your available balance reaches at least USD 100 (or the equivalent in your local currency), unless FameUp lowers the threshold at its discretion after at least 12 months from your first paid service. Payouts require completing verification with our payment provider (e.g., Stripe), including providing tax forms (W-9 for U.S. persons; W-8BEN for non-U.S. persons) and passing identity, fraud, and sanctions checks. FameUp does not directly collect or store SSN/TIN; such data is processed by our payment provider. We may withhold, delay, or claw back payouts in case of chargebacks, refunds, suspected fraud, legal requirements, or incomplete verification. Retroactive Payout Eligibility (180 Days). Subject to verification, Brand confirmation, and compliance with these Terms and the General Terms, Influencers may onboard for payout Collaborations completed off-platform within the last one hundred eighty (180) days. FameUp may require proof of deliverables, posting links, campaign briefs, and Brand approval, and may deny or claw back payouts in cases of chargebacks, refunds, rights defects, fraud, sanctions/AML flags, or non-compliance. Retroactive payouts do not modify Brand refund rights or platform chargeback handling. Retroactive IP Grant (Pre-Existing Collaborations). “Pre-Existing Collaboration Content” means any content (including photo, video, captions, edits, audio, and metadata) created by an Influencer for a Brand collaboration that (a) was initiated off-platform and (b) was created within one hundred eighty (180) days prior to the Influencer’s acceptance of these Terms or onboarding of that collaboration into the FameUp App for payout (the “Retroactive Period”). For any Pre-Existing Collaboration Content onboarded into the FameUp App for payout, the Influencer hereby, for good and valuable consideration, EFFECTS A PRESENT GRANT, effective as of the original creation date of such content, of a worldwide, transferable and sublicensable, perpetual license in favor of the Brand to use, reproduce, adapt, edit, translate, distribute, publicly perform, publicly display, transmit, and create derivative works from the content for the Brand’s own marketing and advertising (organic and paid), across all media now known or hereafter developed. To the extent a Brand requires an assignment of copyright in lieu of a license, the Influencer hereby presently assigns to that Brand all right, title, and interest in and to such Pre-Existing Collaboration Content, effective as of the original creation date, and agrees to execute reasonable confirmatory documents upon request. FameUp License. The Influencer also grants FameUp a non-exclusive, worldwide, royalty-free, transferable license (with the right to sublicense to our service providers) to host, cache, store, process, transmit, display, and otherwise use the Pre-Existing Collaboration Content for (i) operating the FameUp App and related Digital Services (including payouts, dispute handling, and fraud prevention) and (ii) FameUp’s own marketing and case studies, unless the Influencer opts out by written notice. Brand Marks. The Brand grants Influencers and FameUp a limited, revocable, non-exclusive, non-sublicensable license to use Brand trademarks, logos, and assets solely to perform or evidence the Collaboration (including Pre-Existing Collaborations). Moral Rights; Clearances. To the extent permitted by law, the Influencer waives (or agrees not to assert) moral rights in the Pre-Existing Collaboration Content and represents and warrants that all third-party clearances (talent, music, footage, locations) needed for the above grant/assignment and uses have been obtained. No Conflicts; Indemnity. The Influencer represents and warrants that no prior assignment, license, platform terms, or other encumbrances prevent or conflict with the foregoing grant/assignment and licenses, and will defend and indemnify the Brand and FameUp against losses arising from breach of this paragraph.
4. LIABILITY
You shall be liable to us for any loss or damage suffered by us as a result of any breach of these Terms, any subsequent agreement entered into, or any access and/or use of the FameUp App that is illegal. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM) ARISING OUT OF OR RELATING TO THE FAMEUP APP OR ANY MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our aggregate liability for claims arising out of the FameUp App will not exceed the total fees you paid to FameUp in the twelve (12) months before the event giving rise to liability. This cap does not limit liability for fraud, gross negligence, or intellectual property infringement.
5. TERMINATION
We may terminate your access to the FameUp App by a termination notice to your email address with an immediate effect, without any other judicial or extrajudicial formality, if we deem that you are abusing or modifying the FameUp App in any way, that you have made fraudulent or inaccurate representations, and/or that you have violated these Terms, or if at any time FameUp decides to no longer make the FameUp App available.
6. ASSIGNMENT
We may assign our rights and/or obligations under these Terms without your prior consent.
7. NO PARTNERSHIP OR AGENCY
These Terms shall not be construed so as to create a partnership or joint venture between you and us.
8. NO WAIVER
In the event that either you or we fail to exercise any right or remedy contained in these Terms, that does not mean you or we (as applicable) have waived that right or remedy.
9. SEVERABILITY
If any provision of these Terms shall be judicially determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions thereof shall not in any way be affected or impaired thereby.
10. GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of the State of Delaware, and the Federal Arbitration Act governs the arbitration clause. The dispute resolution and arbitration provisions (including the class action waiver) in the General Terms and Conditions for Digital Services are incorporated here by reference and apply to your use of the FameUp App.
