Terms of Service

These Terms of Service ("Terms") govern your access to and use of wismify.com, hub.wismify.com, and all related services, applications, and platforms provided by Wismify ("we", "our", "us", or "the Company"), collectively referred to as the "Services".

By accessing or using any of our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

1. Definitions

• "Platform" refers to Wismify Hub, accessible at hub.wismify.com, including all features, tools, and functionalities provided therein.
• "User" refers to any individual or entity that accesses or uses the Services, including Administrators, Employees, Brands, and Creators.
• "Agency" refers to the organization that manages the Platform, including its Administrators and Employees.
• "Brand" refers to a company or organization that participates in influencer marketing campaigns through the Platform.
• "Creator" (or "Influencer") refers to an individual content creator who participates in campaigns through the Platform.
• "Campaign" refers to an influencer marketing campaign managed through the Platform.
• "Content" refers to any text, images, videos, media, or other materials created, uploaded, or shared through the Services.
• "Social Media Data" refers to data retrieved from third-party social media platforms through authorized API integrations.

2. Eligibility

To use our Services, you must:

• Be at least 16 years old (or the minimum age required in your jurisdiction)
• Have the legal capacity to enter into binding agreements
• Have been granted an account by an authorized Administrator, or have been invited to the Platform
• Provide accurate and truthful information during registration and profile setup

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Registration and Security

3.1. Account Creation

Accounts on Wismify Hub are created by authorized Administrators. You will receive login credentials (email and password) to access your designated portal based on your assigned role (Administrator, Employee, Brand, or Creator).

3.2. Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach at security@wismify.com

We will never ask for your password via email or any other communication channel.

3.3. Account Roles

The Platform supports the following user roles with different access levels:

• Administrator: Full access to all platform features, user management, campaigns, billing, and settings.
• Employee: Access to campaigns, creators, brands, calendar, and reports.
• Brand: Access to view assigned campaigns, calendar, billing, and content approval.
• Creator: Access to assigned campaigns, calendar, earnings, profile management, and content upload.

4. Description of Services

4.1. Wismify Hub

Wismify Hub is an influencer marketing campaign management platform that provides:

• Campaign creation, planning, and lifecycle management
• Creator and brand relationship management
• Content workflow management (submission, review, approval)
• Social media account integration and analytics
• Performance reporting and campaign analytics
• Calendar and deadline management
• Billing and financial tracking
• Automated workflows and notifications

4.2. Wismify CX

Wismify CX is a customer experience and support operations system designed to streamline support workflows, ticketing, and client communication.

4.3. Website (wismify.com)

The website serves as an informational platform about Wismify's products and services, and allows visitors to request demonstrations or business inquiries.

5. Social Media Integrations

5.1. Authorization

The Platform allows Users (primarily Creators) to connect their social media accounts from platforms including Instagram, Facebook, TikTok, and YouTube. By connecting your social media accounts, you:

• Authorize Wismify to access your social media data as specified during the OAuth authorization process
• Confirm that you are the legitimate owner or authorized manager of the connected accounts
• Agree that the retrieved data may be displayed within the Platform to authorized users (Agency staff, Brands assigned to your campaigns)
• Understand that data accuracy depends on the respective social media platform's API

5.2. Data Usage

Social media data retrieved through API integrations will be used exclusively for:

• Displaying analytics and performance metrics within the Platform
• Campaign performance tracking and reporting
• Verifying creator account metrics for campaign planning

We will not use your social media data for advertising targeting, sell it to third parties, or use it for purposes beyond the scope of our Services.

5.3. Disconnection

You may disconnect your social media accounts at any time through your Platform settings. Upon disconnection, we will cease accessing new data from the disconnected platform and delete stored data in accordance with our Privacy Policy.

5.4. Platform Terms Compliance

Your use of social media integrations is also subject to the terms and policies of the respective social media platforms:

• Instagram Terms of Use
• Facebook Terms of Service
• TikTok Terms of Service
• YouTube Terms of Service
• Google Privacy Policy

6. User Obligations and Acceptable Use

6.1. General Obligations

As a User of the Services, you agree to:

• Provide accurate, current, and complete information
• Keep your profile and account information up to date
• Comply with all applicable laws and regulations
• Respect the intellectual property rights of others
• Use the Services in good faith and for their intended purpose

6.2. Prohibited Conduct

You agree not to:

• Use the Services for any unlawful, fraudulent, or malicious purposes
• Interfere with or disrupt the Services, servers, or networks
• Attempt to gain unauthorized access to any part of the Services or other users' accounts
• Upload or transmit viruses, malware, or other harmful code
• Scrape, crawl, or harvest data from the Services without authorization
• Impersonate any person or entity or misrepresent your affiliation
• Submit false, misleading, or fraudulent information (including inflated social media metrics)
• Use the Services to infringe upon the rights of any third party
• Use automated systems (bots, scrapers) to access the Services without permission
• Share your login credentials with unauthorized individuals
• Circumvent or attempt to circumvent access controls or security measures

7. Content and Intellectual Property

7.1. Platform Intellectual Property

All content, designs, visuals, code, trademarks, logos, and materials displayed on or through the Services are the exclusive property of Wismify or its licensors and are protected by intellectual property laws. No content may be copied, reproduced, modified, or redistributed without prior written consent.

7.2. User Content

You retain ownership of any content you create, upload, or submit to the Platform (including campaign deliverables, profile information, and media files). By uploading content, you grant Wismify a limited, non-exclusive, worldwide license to:

• Store, display, and process the content within the Platform
• Share the content with authorized users (Agency staff, assigned Brands) as part of campaign workflows
• Create thumbnails and previews for display within the Platform

This license terminates when you delete the content or your account, subject to reasonable backup and archival periods.

7.3. Campaign Content

Ownership and usage rights of campaign-related content (influencer posts, creative assets, etc.) are governed by the specific agreements between the Agency, Brand, and Creator for each campaign. These Terms do not override such specific agreements.

7.4. Feedback

If you provide suggestions, ideas, or feedback about the Services, you grant Wismify the right to use, modify, and implement such feedback without obligation or compensation.

8. Campaigns and Financial Terms

8.1. Campaign Management

The Platform facilitates campaign management between Agencies, Brands, and Creators. Wismify provides the tools and infrastructure but is not a party to the commercial agreements between these entities unless explicitly stated otherwise.

8.2. Financial Transactions

Any financial transactions, payments, rates, or billing managed through the Platform are subject to the specific commercial agreements between the involved parties. Wismify is not responsible for payment disputes between Agencies, Brands, and Creators.

8.3. Invoicing

Invoicing and payment terms are managed between the respective parties. The Platform provides tools to track and manage financial data but does not process payments directly unless otherwise specified in a separate agreement.

9. Service Availability and Modifications

9.1. Availability

We strive to maintain high availability of the Services but do not guarantee uninterrupted or error-free operation. The Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

9.2. Modifications

We reserve the right to modify, update, or discontinue any part of the Services at any time. For material changes that affect your use of the Services, we will provide reasonable notice when practicable.

9.3. API Dependencies

Certain features of the Platform depend on third-party APIs (Instagram, TikTok, YouTube). Changes to these APIs by their respective providers may affect the availability or functionality of related features. We are not responsible for disruptions caused by third-party API changes.

10. Account Termination

10.1. Termination by Wismify

We may suspend or terminate your account at any time if:

• You violate these Terms or any applicable law
• Your account has been inactive for an extended period
• We reasonably believe your account poses a security risk
• Required by law or a competent authority

10.2. Termination by User

You may request account deletion at any time by contacting privacy@wismify.com. Upon termination:

• Your access to the Platform will be revoked
• Your personal data will be deleted in accordance with our Privacy Policy
• Social media integrations will be disconnected
• Campaign data may be retained as required for ongoing campaigns or legal obligations

10.3. Effect of Termination

Sections related to intellectual property, limitation of liability, indemnification, and governing law survive termination of these Terms.

11. Disclaimers of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES REGARDING THE ACCURACY OR RELIABILITY OF SOCIAL MEDIA DATA OR ANALYTICS
• WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE RESULTS OBTAINED FROM USING THE SERVICES

Social media metrics and analytics displayed on the Platform are provided by third-party APIs and may not always be perfectly accurate or up to date. Wismify does not guarantee the accuracy of such data.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Wismify shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the use of or inability to use the Services.
• Wismify shall not be liable for any loss of profits, revenue, data, or business opportunities arising from the use of the Services.
• Wismify's total aggregate liability for any claims arising from these Terms or the Services shall not exceed the amount paid by you to Wismify in the 12 months preceding the claim, or EUR 100, whichever is greater.
• Wismify is not liable for actions taken by other Users on the Platform, including but not limited to Brands, Creators, or Agency staff.

13. Indemnification

You agree to indemnify, defend, and hold harmless Wismify, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Content you upload or share through the Services
• Your breach of any applicable law or regulation

14. Governing Law and Dispute Resolution

14.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Spain and the European Union, without regard to conflict of law principles.

14.2. Dispute Resolution

Any disputes arising from or related to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If a dispute cannot be resolved amicably within 30 days, it shall be submitted to the competent courts of Spain.

14.3. EU Online Dispute Resolution

For consumers in the European Union, the European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr.

15. Miscellaneous

15.1. Entire Agreement

These Terms, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and Wismify regarding the use of the Services.

15.2. Severability

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

15.3. Waiver

The failure of Wismify to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4. Assignment

You may not assign or transfer your rights under these Terms without Wismify's prior written consent. Wismify may assign its rights and obligations under these Terms to any successor or affiliate.

15.5. Changes to Terms

We reserve the right to update these Terms at any time. Material changes will be communicated to registered Users via email or Platform notification. Continued use of the Services after changes constitutes acceptance of the updated Terms.

16. Contact

For any questions regarding these Terms of Service, please contact us at:

• Legal inquiries: legal@wismify.com
• General support: support@wismify.com
• Website: https://wismify.com