Terms of Service

1. Acceptance of Terms

By accessing or using the Collabaway platform, website, and services (collectively, the “Platform”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Platform. These Terms constitute a legally binding agreement between you and Collabaway, Inc. (“Collabaway,” “we,” “us,” or “our”).

We reserve the right to update or modify these Terms at any time. Your continued use of the Platform after any such changes constitutes your acceptance of the revised Terms. We will notify registered users of material changes via email or in-platform notification.

2. Eligibility

You must be at least 18 years of age to use the Platform. By registering an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Account Types and Registration

Collabaway supports multiple account types, each with distinct roles, responsibilities, and access levels:

• Brand Accounts: Companies and organizations that create and fund influencer marketing campaigns. Brand accounts may post campaign briefs, search for and hire influencers directly or through agencies, approve content deliverables, and manage campaign payments.
• Agency Accounts: Marketing agencies that manage influencer campaigns on behalf of brands. Agency accounts may have multiple team members, manage rosters of influencers, and use deal pipeline tools to track campaign progress.
• Influencer Accounts: Content creators who maintain public profiles on the Platform. Social connections are optional, including for UGC creators. Creators can add social accounts to help brands find them. Confirming account ownership is separate from staff-reviewed verification.
• Editor Accounts: Individuals invited by influencers to participate in campaign threads for content editing purposes. Editors have limited access scoped to the campaigns they are assigned to.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify Collabaway of any unauthorized use of your account.

4. Platform Usage

The Platform provides tools for campaign collaboration, influencer discovery, content management, and payment processing. You agree to use the Platform only for its intended purposes and in compliance with all applicable laws and regulations.

Public profiles are accessible at collabaway.com/@handle. By creating a public profile, you consent to your profile information, including your handle, bio, portfolio content, and linked social media statistics, being publicly visible and indexed by search engines.

5. Campaign Management

Campaigns on Collabaway are structured agreements between brands, agencies, and influencers. Each campaign may include deliverables, deadlines, budgets, and a dedicated campaign chat thread.

All parties involved in a campaign are expected to communicate through the Platform’s campaign threads. The Platform supports formal approve and revision actions within campaign threads to facilitate content review workflows.

Collabaway does not guarantee the performance, quality, or timeliness of any campaign deliverables. Disputes between campaign participants should first be addressed through the Platform’s built-in communication tools. Collabaway may, at its sole discretion, mediate disputes but is not obligated to do so.

6. Payment Terms

Collabaway uses Stripe Connect to facilitate payments between brands and influencers. By using the Platform’s payment features, you also agree to Stripe’s Connected Account Agreement and Terms of Service.

Campaign payments are held in escrow through Stripe until deliverables are approved by the brand or agency. Upon approval, funds are released to the influencer’s connected Stripe account, less any applicable platform fees.

Collabaway charges a platform service fee on transactions processed through the Platform. The applicable fee rate will be disclosed to all parties before a campaign payment is initiated. All fees are non-refundable unless otherwise required by law.

You are solely responsible for any taxes, duties, or other governmental assessments associated with payments you receive through the Platform.

7. Intellectual Property

The Platform, including its design, features, code, logos, trademarks, and documentation, is the proprietary property of Collabaway and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Platform without our prior written consent.

“Collabaway” and the Collabaway logo are trademarks of Collabaway, Inc. You may not use our trademarks without prior written permission.

8. Content Rights

You retain ownership of all content you upload, post, or otherwise make available through the Platform (“User Content”). By uploading User Content to the Platform, you grant Collabaway a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and distribute your User Content solely for the purpose of operating and providing the Platform.

For content submitted as part of a campaign, the intellectual property rights and usage licenses are governed by the terms of the specific campaign agreement between the brand and the influencer. Collabaway does not claim ownership of campaign content and is not a party to the content licensing terms between campaign participants.

You represent and warrant that you own or have the necessary rights to all User Content you upload and that your User Content does not infringe the intellectual property rights of any third party.

9. Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose or in violation of these Terms.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Upload false, misleading, or fraudulent information, including inflated social media metrics or fake follower counts.
• Attempt to circumvent the Platform’s payment system by negotiating payments outside of Collabaway for campaigns initiated on the Platform.
• Harass, abuse, or threaten other users of the Platform.
• Upload content that is defamatory, obscene, hateful, or otherwise objectionable.
• Interfere with or disrupt the Platform, servers, or networks connected to the Platform.
• Use automated scripts, bots, or other tools to scrape data from the Platform or create accounts in bulk.
• Reverse engineer, decompile, or disassemble any part of the Platform.
• Use another user’s account without their permission.

10. Limitation of Liability

To the maximum extent permitted by applicable law, Collabaway and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of the Platform.

Collabaway’s total aggregate liability to you for any claims arising from or related to these Terms or your use of the Platform shall not exceed the greater of (a) the amount you paid to Collabaway in the twelve months preceding the claim, or (b) one hundred US dollars ($100).

The Platform is provided on an “as is” and “as available” basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Indemnification

You agree to indemnify, defend, and hold harmless Collabaway and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Platform; (b) your violation of these Terms; (c) your User Content; (d) your violation of any rights of a third party; or (e) any campaign or transaction you participate in through the Platform.

12. Termination

You may terminate your account at any time by contacting support@collabaway.com or through your account settings. Collabaway may suspend or terminate your account at any time, with or without cause, and with or without notice, including for violation of these Terms.

Upon termination, your right to use the Platform will immediately cease. Any pending campaign obligations and payment obligations that arose prior to termination will survive. Sections of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property provisions, limitations of liability, indemnification, and dispute resolution.

13. Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

The arbitration shall be conducted in English and shall take place in Delaware, United States, unless otherwise agreed by the parties. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, class arbitration, or other representative proceeding. You waive any right to participate in a class action lawsuit or class arbitration against Collabaway.

14. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the “Last updated” date at the top of this page and notify registered users via email or in-platform notification at least thirty (30) days prior to the changes taking effect. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the revised Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware, and you consent to the personal jurisdiction of such courts.

16. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@collabaway.com