Brand User Agreement
This User Agreement was concluded between ILONSI LTD. (”ILONSI“) and the person registered as Brand (”Brand“) in the ILONSI mobile application (”application”) and entered into force with the acceptance of the agreement by Brand in electronic media.
ARTICLE 2- DESCRIPTIONS
Application: Refers to all virtual reality media where products and services are created in connection with this software are offered and mobile application software that works on all mobile devices allowing the user to find brands or agencies with the search button or filter system thanks to the profile they have created by entering information in accordance with the specified criteria.
Agreement: Refers to electronic agreement in whole consisting of the terms and conditions and attachments covered by the application, resulting from the electronic confirmation indicating that the user understands and accepts the agreement.
Social media networks: Refers to all virtual media and social media channels like Instagram, Facebook, Twitter, and YouTube that are accessed through the internet.
Influencer: Refers to a real person, who has more than a certain number of followers in social media accounts who can be considered as popular and uses the services offered within the application in accordance with the terms of the contract.
Brand: Refers to any real or legal person who requests Influencer to share content through social media networks in order to promote any products or services that comply with the relevant legislation.
Agency: Refers to a legal entity that allows a large number of influencers and brands registered in the application to collectively benefit from the services offered in the application.
User: Influencer, Brand and agency who become member of the application by using methods specified in the agreement or who uses the services offered in the application under the terms specified in the agreement
ARTICLE 3- SUBJECT AND SCOPE
The application is made available if the user agrees to the terms of the agreement, and the user agrees, declares and undertakes that by becoming a member of the application, he has read the entire agreement, understood its content in its entirety and approved all its provisions.
By accepting the terms of the agreement, the user is deemed to have accepted all statements made by ILONSI regarding the use, membership and services contained in the application, such as all warnings, announcements, notices and explanations. The user agrees and undertakes in advance that he will act in accordance with all matters specified in these statements.
4.1. The user is entitled to sign in to the application by e-mail, username and password.
4.2. In order to become a member of the application in terms of real people, he must be entitled according to the legislation of the user’s country or at least 13 years old to become a party to the legal process and those who fail to meet the age requirements regarding minimum age, legal representative’s approval is required and for legal person entity, the representative must be authorized to represent the legal entity. Applications for membership in different form will not result in gaining the right to membership in the application, even if the registration process has been completed, and therefore ILONSI will not be responsible for any damages that may occur in this context. In this case, the user accepts and undertakes that he has no right to appeal and that there may be no right to claim, including material or immaterial compensation.
4.3. The membership process is completed with the approval of the registration request by ILONSI after the user candidate sends the necessary information to become a member. The user agrees that upon completion of the membership, he assumes all responsibility and risk arising from the use of the application. ILONSI provides all advertising, promotion, information, content and similar elements included in the content of the application without limitation and as is. ILONSI makes no warranty, express, implied, legal, or otherwise, that any information, services, or elements of the content of the application provided by the user through the application are accurate or within legal limits. It is solely the user’s responsibility to assess that all thoughts, advices, services or other information and materials provided through the application are accurate, complete and available.
4.4. In order to become a member of the application, the user must not be temporarily suspended from membership by ILONSI under the contract or banned from membership indefinitely.
4.5. Approval and entry into force of the agreement does not mean that it creates a business partnership, representation, employer relationship between the user and ILONSI under any name.
4.7. ILONSI is entitled to notify the user of new services or projects through any communication channels that the user shares with ILONSI, including the application messaging service, email, sms, and social media channels. In addition, ILONSI has the right to share various promotions, campaigns and similar information with the user.
5. USER RIGHTS AND OBLIGATIONS
5.1. Common Obligations
5.1.1. The user accepts and undertakes that he will act in accordance with all terms and the rules within the contract, applicable regulations and ethics, all rules in the contract terms while using the application and he has read, understood and approved the same.
5.1.2. The user who uses the products and services offered by the application may act only for lawful purposes. Civil and criminal responsibility for every work and action that the user performs within the application belongs to him. The user agrees and undertakes to comply with the legal regulations of the countries in which he is a citizen and any relevant provisions of the legislation in current force and the notices that ILONSI will publish in relation to the application.
5.1.3. The user accepts and undertakes not to include any material including but not limited to content, information, data, text, video, messages, user names, profile photos, cover photos, software or images in the application against the law and international conventions, immoral, racist, political messages, harmful, threatening, insulting and abusive, misconduct or harassment, tort or libel, vulgar, obscene, abusive, or may violate someone else’s privacy rights and requiring civil and criminal liability.
5.1.4. In cases where ILONSI is obliged to make statements to the official authorities in accordance with the provisions of the applicable legislation if this information is duly requested by the official authorities the user accepts and undertakes ILONSI is authorized to disclose to the authorities any information, confidential/private/personal or specially qualified personal data/commercial information belonging to the user and for this reason, no compensation can be requested from ILONSI under any name.
5.1.5. The user accepts and undertakes that ILONSI is authorized to disclose commercial information of user to its business partners for the performance of the product or services subject of this agreement or for contracted partners and not to claim compensation from ILONSI for this purpose under any name.
5.1.6. The user is responsible for keeping confidential the information necessary to access the application, such as the username, password, code that he uses to sign in to the application, and it is his responsibility to ensure their security. The right to use the means of access to the system belongs exclusively to the user and the user is required to keep this information confidential from third parties. The user is responsible for all the consequences of the use of the user’s access tools to the system by a third party. ILONSI has no responsibility for the detection of persons engaged in such improper use. The user accepts and undertakes that it is completely responsible for the use of such information by a third party and the consequences and for all civil and criminal operations that are performed by the use of this information and ILONSI has no responsibility in such cases. The user is obliged to notify ILONSI immediately if he finds out that his password has been stolen by others.
5.1.7. The user accepts and undertakes that information and content provided by the user within the application is correct, safe and lawful and such information and content that is published is not a violation of any law. ILONSI also cannot be held responsible to investigate whether information and content transmitted by the user or uploaded, modified, provided by the user through the application is safe, correct and in accordance with the law and it is also not responsible for damages caused by the fact that such information and content is incorrect, incomplete or erroneous.
5.1.8. The user accepts and undertakes that each user name created during registration of the user application that only one e-mail could be identified, defined e-mail address can’t change, a new e-mail address could be identified in the creation of a new membership on the application, this information is required in cases where the information to be incomplete or inaccurate or arising from the liability for damages of third parties that belong only to them, in this case, ILONSI could terminate membership.
5.1.9. If the information submitted to the application changes, the user is obliged to notify ILONSI of new and up-to-date information without delay. ILONSI reserves the right to appeal to the user for all direct and indirect damages incurred user does not notify in such cases.
5.1.10. The user is solely responsible for any transactions that he makes with his username or registered email address in the application and any contractual legal relations that he will establish with third parties. The user may not transfer his rights and obligations under the contract, in whole or in part, to any third party without ILONSI’s written consent.
5.1.11. During using application, user accepts, declares and undertakes that he is responsible for the violation of the basic principles of law, laws, and moral code ideas by thoughts and expressions put forward by the user, as well as files, content and information added to the application environment and ILONSI cannot be held responsible in any way for these shares, user may not contain or share any software or materials that will lead to damage the application or legal disputes with third parties against ILONSI and if a criminal situation arises user assumes all criminal responsibility.
5.1.12. The user knows the application, together with all rights, belongs to ILONSI and run by ILONSI. The user accepts, declares and undertakes that he will not duplicate, copy, distribute, process, transfer to another database or install it on your own account any video clips, catalogs, images, text, files, databases, and similar content belonging to other users and contained in the application, he will not engage in any commercial activity by performing such actions and he will not engage in conduct and actions that directly or indirectly constitute unfair competition, both through these actions and through other means. ILONSI cannot be held responsible in any way, directly or indirectly due to damages suffered or may be incurred by third parties due to such activities on the application that the user performs in violation of the provisions of the contract and the law and ILONSI recourse for all damages that it has to suffer to the user.
5.1.13. If ILONSI qualifies as part of any sweepstakes and gift campaign User; (provided that it does not mean commitment) consents to sharing user information with individuals and institutions related to campaigns and sweepstakes and for this reason, user accepts, declares and undertakes not to claim any compensation from ILONSI.
5.1.14. The user must immediately comply with any changes or corrections requested by ILONSI regarding any profile content. Damages, civil and criminal liability arising from the failure of the changes or corrections requested by ILONSI to be fulfilled by the user in a timely manner are entirely the responsibility of the user. ILONSI reserves the right to remove, modify, suspend membership, if necessary, and completely cancel content that it deems harmful.
5.1.15. The user is obliged not to disclose the information and data that he reaches when using the application, and to use such information and data in accordance with the purposes specified by ILONSI. The user accepts and undertakes that he is responsible for the Protection, processing, transfer of personal data belonging to the user or other third parties obtained by violating this article and for all obligations under existing laws. The user agrees and undertakes that other authorized persons and institutions will remedy this damage if ILONSI suffers any damage from the decisions made by the courts in relation to this situation as a result of acting contrary to the obligation to protect personal data or using, transferring or similar processing of this personal data.
5.1.16. As for his actions when using the application the user accepts and undertakes that recording of public personal data by internet search engines or systems that store and use similar data, for cases such as processing, use in search results ILONSI has no permission, no contribution and in structured systems for storing personal data or searching by similar methods ILONSI is not responsible for any use or transmission of any kind.
5.1.17. The user agrees and undertakes that he should not share his personal data of a private nature when using the application otherwise, ILONSI is not responsible for the results of the use or sharing of personal data of this particular nature and or he should know this situation.
5.1.18. The user is strictly prohibited to take actions that may threaten the security of the application’s systems or harm other users, any attempt to prevent the application’s software from running or other users from using the application, use software to prevent the application from running, attempt to use or disrupt the operation of all types of software, hardware and servers, cause it to deteriorate, organizing attacks, engage or otherwise interfere with them, attempts to gain access to ILONSI’s servers. Any actions of the user that violate this article will be blocked by ILONSI. ILONSI has the right to compensation for existing and possible damages incurred under this scope.
5.1.19. The user has the right to use ILONSI’s interface to learn and display relevant ad content for bidding purposes only. An attempt by the user to access all announcements using the interface for a purpose other than the purpose of bidding, direct or indirect publication of ads on other platforms, partially or completely copied, by transferring to another database, these announcements are made available to third parties, link to announcements on the application. ILONSI does not allow such similar actions, which are illegal to be performed by the user. ILONSI has the right to terminate the membership of the user who has committed this violation if necessary.
5.2. Brand Obligations
5.2.1 The brand must sign in to the app using a phone number or email address to use the application and create an account through the application. ILONSI gives the right to become a member for the brand free of charge and the opportunity to use the products and services offered in the application.
5.2.2 The brand is entitled to contact Influencer or agencies through the application so that it can evaluate the applications made to the announcements it has published by placing an advertisement for the service it has requested, or offer cooperation to Influencer or agencies in relation to any advertisement.
5.2.3. After the brand fills in the offer text contained in the application content, the paid cooperation process will be started between Influencer and various issues such as advertising, organization. ILONSI is not a party or guarantor of this text of the offer.
5.2.4. It accepts and undertakes that the subject of the service request sent by the brand to influencer through the application does not constitute a crime, and that it complies with the law, ethics and applicable legislation. If the brand shares a request for services that contradict this article with Influencer, ILONSI has no legal or criminal liability for the publication of the content.
5.2.5. Before announcing the service it requests, the brand is obliged to deposit the fee for the work subject to the service to be paid to influencer to ILONSI. The announcement will not be published through the application without depositing the fee.
5.2.6. If there is an agreement between the brand and Influencer, the brand agrees, declares and undertakes to send a copy of the text of this agreement to ILONSI. In no event shall the text of such an agreement be signed affect the validity and provisions of the agreement and shall continue to be valid between the parties to the agreement.
5.2.7. The brand can directly accept the content transmitted to it by the Influencer, as well as request changes. On which social media networks content will be shared share will be decided by Influencer and brand together. ILONSI has no responsibility for this process. The brand agrees and undertakes that it will transmit its approval to ILONSI through the application no later than 24 (twenty-four) hours after the content prepared in accordance with the service offer shared on social media networks.
5.2.8. The brand may refrain from giving consent, limited to the fact that the content is completely different from the service offer, contains elements that are contrary to the law and the legislation, and is late or not at all within the time stipulated in the offer. In this case, ILONSI will consider and decide the objection. If ILONSI determines that the appeal was made on the correct and justified grounds, the fee charged to the influencer from the brand will be refunded to the brand within seven days.
5.2.9. The brand agrees and undertakes not to share the content transmitted to the brand by Influencer before the approval stage in any medium, nor to copy, reproduce or use the content in whole or in part.
6. RIGHTS AND OBLIGATIONS OF ILONSI
6.1. ILONSI agrees, declares and undertakes to fulfill the provision of products and services within the scope of the application in accordance with the conditions set out in the contract, to establish and operate the technological infrastructure necessary for the provision of related services. The obligation to establish the technological infrastructure specified in this article does not mean an unlimited and complete service commitment. ILONSI will take due care to provide its services in a timely, secure and error-free manner, to ensure that the results obtained from the use of the service are accurate and reliable, and to meet the expectations of the quality of the service, but does not undertake them.
6.2. ILONSI has the right to unilaterally change, reorganize, close and delete the information and content uploaded by the user to the application by third parties, including the user, at any time without notice and without prior notice.
6.3. ILONSI is not responsible for any disputes or damages that may arise as part of the legal relationship between users. ILONSI is not obliged to participate and evaluate the services offered by the user for the reasons that they are defective, inadequate, do not meet expectations, and so on. In this regard, the parties may not apply to ILONSI with any rights and demands.
6.4. Through the application, ILONSI may provide links to a number of websites, portals, files or content belonging to third parties that are not under ILONSI’s control for ease of reference or for various reasons. These links do not support the website or the content owner, nor are they intended to verify or guarantee the information contained on the website or the content in any way. ILONSI has no responsibility for these websites, portals, files and content accessed through the links on the application, as well as the services or products offered through them, or their content.
6.5. ILONSI may remove comments, messages and content that are contrary to the operation of the application, the terms and rules of its agreement, general code of ethics, legislation, protection of personal data, personal rights of others from access at any time and in any way, and may terminate the membership of the user entering such comments, messages and content without any notification. In addition, ILONSI may impose additional obligations on the user depending on changes in the conditions of the day.
6.6. The user agrees and undertakes not to access or use other users’ private, confidential programs, files, documents, information or other areas with similar content without permission. User accepts and undertakes that he is responsible for all civil and criminal liability that may otherwise arise from these, and that ILONSI and its officials are therefore responsible for meeting any demands and that user will be responsible to compensate ILONSI in this sense.
6.7. ILONSI has no obligation to investigate and control the legality, authenticity and accuracy of the content provided by the user in the application.
6.8. If necessary, ILONSI may limit or stop access to the service in order to prevent failures in the network, software or saved files, prevent possible failures or reduce their impact, and in other cases it deems necessary. From this point of view, ILONSI does not guarantee that the products and services it provides under the application will be constantly active and accessible. ILONSI makes no claim or commitment that the application and the services offered are error-free, flawless, uninterrupted and excellent. ILONSI may make any changes, updates or similar works on the application and the user is deemed to have accepted these changes by continuing to use the application.
6.9. ILONSI does not accept any responsibility in case user’s use of the products and services in the application is not properly used, breach of contractual obligations and obligations, technical failures and other failures that may occur as a result of any changes, updates and similar work to be performed on the application, including errors and failures caused by communication network problems, voltage fluctuations, power failure, virus infection and similar factors, operating system incompatibilities and loss of profit caused by incompatibilities or errors that prevent the user from using the application, direct or indirect damages, such as loss of work, interruption of work, claims for compensation that may be made by the user or a third party.
6.10. In case information provided at the time of the user’s application is not sufficient, accurate or up-to-date, it is determined that it is misleading, the application of the applicant for membership has been rejected in advance, complaints made by other users during the continuation of the membership or negative comments that are not considered reasonable, reasons contrary to the provisions of the contract ILONSI may terminate membership without notice and without any liability for compensation or it may suspend or stop the user’s membership status unilaterally. After the termination, stopping, suspension or ceasing the membership relationship for any reason ILONSI has exclusive decision-making authority about the content or the future of other shares that the user has shared through the application.
6.11. ILONSI has the rights to publish and process information, documents, software, design, graphics and similar works produced by the user and uploaded to the system for publication and cooperation agreement with the user in all kinds of written and visual media for the purpose of promotion and to sharing on social media networks owned by ILONSI or move to another address deemed appropriate by ILONSI or, at its sole discretion, to remove it from the website and in such cases, the user will not charge ILONSI any royalties or similar fees.
6.12. ILONSI does not interfere with the communication and interaction between users. ILONSI has no obligation to establish any legal relationship between the brand and Influencer, including the signing of a contract.
6.13. Correspondence and communications between the users through the application can be viewed by ILONSI. In this context, no objections or demands can be made to ILONSI that the process is confidential.
6.14. ILONSI acknowledges that cookies are used in the application system, cookies are pieces of information that an application user transfers to a cookie file in their system, which allows the user to navigate the application and, when necessary, helps prepare content that meets the needs of the user accessing the application.
6.15. ILONSI is not responsible for digital announcements that ILONSI publishes through the application and content posted on linked websites by third parties, including the user. The accuracy and compliance of the information, content, visual and auditory images provided and published by any third party is entirely under the responsibility of the persons who perform these actions. ILONSI does not undertake or guarantee the security, accuracy and compliance with the law of the services and content provided by third parties.
ARTICLE 7- INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights including but not limited to title, business name, design, overall appearance, text, image, logo, trademark, patent, business model and applied method, registered or unregistered are used under the copyright of ILONSI or of a third party received by ILONSI. All these elements of ILONSI are under the protection of national and international law and may not be modified, copied, reproduced, published, shared, distributed, presented or resold in any way without prior permission, without citing the source. The use of the service offered in the application does not grant any rights to such intellectual property rights, and the application cannot be used outside the scope of the contract. Otherwise, the person or persons responsible for this situation are obliged to remedy all damages incurred by ILONSI (including the amount of compensation requested from ILONSI for damages suffered by licensors and third parties).
ARTICLE 8- AMENDMENTS TO THE CONTRACT
8.1. ILONSI may change the services offered in the application and the terms of the agreement in whole or in part at any time it deems appropriate, depending on the circumstances of the day. Announced changes to the agreement will be valid from the date on or before the specified date is or shall take effect after the specified date, if time is not announced and the remaining provisions of the terms will remain in force and will continue to bear the consequences exactly.
8.2. It is the user’s responsibility to monitor the changes, and after the changes become effective, the user will be deemed to have accepted these changes by continuing to use the services provided. The terms of the agreement and the services offered in the application cannot be changed by the unilateral statements of the user.
ARTICLE 9- FORCE MAJEURE
Events that are not reasonably controlled by the parties to this Agreement and cannot be avoided, which ILONSI cannot prevent, despite due diligence; like natural disaster, earthquake, fire, explosion, flood, epidemics, wars, civil wars, riots, declaration of mobilization, strike, lockout, communication problems, infrastructure and internet failures, attacks on the system even though ILONSI takes necessary information security measures and bad weather conditions are considered force majeure and in all such cases ILONSI is not liable for the execution of the obligations arising from this contract or due to late or incomplete performance. In all cases considered force majeure, delay, incomplete performance or non-performance ILONSI may not be considered in default and no compensation may be requested from ILONSI for this reasons.
ARTICLE 10- TERMINATION OF THE AGREEMENT
10.1. This Agreement shall remain in force as long as the user is a member of the application or uses the application and shall continue to have provisions and consequences between the parties; the agreement shall be deemed to have expired if the user’s membership expires or is temporarily or indefinitely terminated for similar reasons. At any time without notice for any reason, without any notice and any compensation, ILONSI may unilaterally terminate the agreement with immediate effect and without obligation and stop benefit from the application by the user and can temporarily stop usage.
10.2. The user’s violation of the rules set out in the application and this agreement regarding the use, membership and services under the agreement, and in particular the following cases under this article, are considered to be the cases for termination of membership or temporary termination of membership. In all such cases, the user is responsible and liable to reimburse all damages incurred or incurred by ILONSI as a result of this, and ILONSI reserves the right to sue in respect of these cases.
- Violation of the rules specified in the application and agreement and use the application for harmful malicious purposes, ,
- If user threatens the overall security of the application, prevents the application and the software use, use of software, dissemination of activities by any means in violation, receipt, deletion, modification of information, actions that will interfere with the operation of the application or system and thus, ILONSI can pose a risk to the information security system,
- Transfer or open the user profile created by the user to someone else,
- Engage in actions that violate or threaten the rights of the user, including promotion, privacy, copyright or other intellectual property rights of third parties,
- Send unsolicited emails to user’s other users, request money out of agreement, or defraud,
- The user records information and content in the application that contains false, incomplete and misleading information, statements that do not comply with the general code of ethics, are an attack on personal rights and do not comply with the law, or uses them in the content that he creates,
- The user registers or uses similar pornographic information and content in the app that contains hate speech, is threatening, inciting violence or unnecessary violence against any race, bigoted group or individual, encourages drugs or stimulants, sexually explicit or nudity
ARTICLE 11- APPLICABLE LAW AND AUTHORITY
11.1. In the settlement of any dispute that may arise between the user and ILONSI under the agreement in the application or interpretation of the agreement, the parties must first request arbitration in the Republic of Southern Cyprus. If no arbitration request has been made for any reason or the dispute has not been resolved as a result of the arbitration, the law of Southern Cyprus will apply in the application or interpretation of the agreement between the parties and in the settlement of any legal dispute arising under this Agreement. The courts of Southern Cyprus are authorized to resolve any disputes that may arise due to the agreement. The user agrees that the courts of Southern Cyprus have special jurisdiction, but agrees and undertakes that they waive their claims that these courts are an inappropriate place of jurisdiction in the event of any future dispute.
11.2. Any dispute that may arise between the user and ILONSI or if dispute is filed in the court; the user accepts and undertakes that he cannot announce this legal relationship and litigation process between him and ILONSI on social media and similar platforms or through any communication channel and such media institutions and organizations and accepts and undertakes not to carry it to the community and not to use it maliciously for the purpose of advertising. Otherwise, the user accepts and undertakes that he is responsible for all losses that may or may not be incurred by ILONSI and its business partners due to this adverse situation, and that the user is obliged to compensate for it.
ARTICLE 12- ENTRY INTO FORCE
12.1. When the user completes the membership registration, it means user declared, accepted and undertook that he has read, understood and accepted all the provisions of this Agreement and the accuracy of the information it has provided electronic approval is considered to that user accepted all the provisions of the contract.
12.2. This agreement consists of twelve articles and is entered into force by electronic means with the electronic approval of the user. If any of the provisions of the agreement, in part or in whole, are invalid, contrary to legislation or are not enforceable, it will not affect the validity of the remaining provisions of the agreement and will continue to be valid.