Welcome to Halo Platforms LLC!
These Terms of Service ("Terms") govern your use of Halo Platforms LLC ("Halo"), a service that connects content creators ("Creators") with brands ("Brands") for collaboration campaigns. By creating an account or using Halo, you agree to these Terms.
Arbitration Notice: You agree that disputes between you and us will be resolved by binding, individual arbitration, and you waive your right to participate in a class action lawsuit or class-wide arbitration. Details are provided below on how you can opt out of arbitration.
Halo facilitates connections between Creators and Brands, enabling Creators to participate in advertising campaigns. The service includes:
- Personalized opportunities for Creators to collaborate with Brands.
- Tools and resources to help Creators create and share content.
- Systems to ensure a positive, inclusive, and safe environment.
Creators may receive cash incentives and purchase credits for participating in campaigns. These incentives are determined on a case-by-case basis by Halo. When a Creator applies for a specific collaboration with a Brand, they will see the potential payment. Halo reserves the right to revoke such payment if the Creator produces low-quality content, delays content creation, fails to follow guidelines, or for any other reasons related to brand safety.
Halo does not pay upfront. If a payment is due, Halo guarantees to release the payment within 21 days of content approval. However, Halo cannot guarantee how quickly third parties will process the payment.
By using Halo, you agree to:
- Provide accurate and up-to-date information.
- Use the service in compliance with all applicable laws and regulations.
- Respect the rights and privacy of others.
As a Creator using Halo, you agree to the following responsibilities:
4.1 Campaign Selection. Select the campaigns you would like to participate in through the Halo platform.
4.2 Compliance with Campaign Briefs and Terms. Follow the campaign briefs and terms as provided by Halo and the respective Brand. This includes adhering to any specific guidelines, deadlines, and content requirements.
4.3 Advertising Brands. Advertise Brands, their products, goods, and services as defined in the campaign across your social media channels.
4.4 Content Sharing. Share your created content and statistics with Halo through our platform in a timely and accurate manner.
4.5 Maintaining Account Access. Grant and maintain OAuth authentication access to your social media accounts (including Snapchat, Facebook, Instagram, TikTok, etc.) for Halo to gather analytics and performance data. You agree not to revoke this access during the term of the campaign.
4.6 Quality and Authenticity. Ensure that all content is original, of high quality, and meets the standards and requirements set by Halo and the Brand.
4.7 Professional Conduct. Conduct yourself in a professional manner, maintaining the integrity and reputation of Halo, the Brands, and yourself.
4.8 Licensing Compliance. Guarantee that you are licensed to create and distribute content under the regulations of your home country and any other country where you are located or distribute your content.
5.1 License to Use Your Content. We do not claim ownership of your content, but you grant us a license to use it. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This license will end when your content is deleted from our systems. You can delete content individually or all at once by deleting your account.
5.2 Permission to Use Your Information. You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts, ads, offers, and other sponsored content that you follow or engage with that are displayed on Halo, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Halo.
5.3 Access to Social Media Accounts. You grant us access to your social media account statistics and analytics via OAuth authentication across Snapchat, Facebook, Instagram, TikTok, and other platforms. You agree not to revoke this access and allow us to gather as much analytics information from your account as we need. We may share this information with Brands only if it is related to a specific campaign. We can store and reuse this data as we see fit.
5.4 Updates to the Service. You agree that we can download and install updates to the Service on your device.
Halo will review and approve the content before it is posted to ensure compliance with the terms of the campaign order. Brands will not have the authority to approve or reject content.
7.1 Termination by Either Party. Either party may terminate this Agreement upon 10 days written notice if the other party materially breaches this Agreement. Brands with quarterly or annual plans may not cancel their plans mid-term, and any such attempt will result in the forfeiture of all fees paid, including subscriptions, cash incentives, purchase credits, and other payments and fees.
7.2 Effect of Termination. Upon termination, all outstanding obligations will be settled in accordance with the terms of this Agreement and any applicable campaign orders.
8.1 Confidential Information. Both parties agree to maintain the confidentiality of all proprietary information disclosed during the term of this Agreement.
8.2 Non-Disclosure. Confidential Information will not be disclosed to any third party without the prior written consent of the disclosing party.
9.1 Exclusion of Damages. To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.
9.2 Cap on Liability. In no event shall Halo's aggregate liability for all claims relating to the service exceed the greater of $100 or the amounts paid by the Creator to Halo in the twelve months immediately preceding the claim.
10.1 Creator Indemnification. Creator will indemnify and hold harmless Halo and its affiliates, and each of their officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees and costs, arising out of or in any way connected with:
(a) Creator's breach of this Agreement;
(b) Creator's violation of any law or the rights of a third party;
(c) any content or information provided by Creator.
10.2 Procedure. Halo will notify Creator of any claim for which it seeks indemnification promptly upon becoming aware of the claim, and will permit Creator to control the defense of such claim with counsel chosen by Creator; provided, however, that Creator will not enter into any settlement that contains any admission of or stipulation to any guilt, fault, liability, or wrongdoing on the part of any indemnified party without Halo's prior written consent.
11.1 Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
11.2 Jurisdiction. The parties agree that any disputes arising out of or relating to this Agreement will be resolved in the state or federal courts located in Delaware, and the parties hereby consent to the jurisdiction of such courts.
11.3 Arbitration. Except as provided below, you and Halo agree that any cause of action, legal claim, or dispute between you and Halo arising out of or related to these Terms or Halo must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and Halo expressly waive a trial by jury. You can opt out of this arbitration agreement within 30 days of agreeing to these Terms by sending a written notice to Halo Platforms LLC, ATTN: Arbitration Opt-Out, 1007 N Orange St, Wilmington, DE, 19801, USA.
12.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
12.2 Amendments. Any amendments to this Agreement must be made in writing and signed by both parties.
12.3 Notices. All notices required under this Agreement must be in writing and sent to the addresses specified herein.
12.4 Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will remain in full force and effect.
12.5 Waiver. The failure by either party to enforce any provision of this Agreement will not constitute a present or future waiver of such provision, nor limit the party's right to enforce such provision at a later time.
12.6 Assignment. Creator may not assign or otherwise transfer its rights or obligations under this Agreement without the prior written consent of Halo. Halo may freely assign or otherwise transfer its rights and obligations under this Agreement.
13.1 Content Removal. Halo can remove any content or information you share on the Service if we believe that it violates these Terms, our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you if you create risk or legal exposure for us, violate these Terms or our policies, or where we are permitted or required to do so by law.
13.2 Account Termination. If you repeatedly infringe other people's intellectual property rights or violate our policies, we may disable or terminate your account when appropriate. If we take such action, we will notify you and explain the reason unless doing so would infringe the law or compromise the safety or security of our community or service.
13.3 Effect of Account Termination. If your account is terminated, these Terms shall terminate as an agreement between you and us, but the sections on Content Ownership and Licensing, Confidentiality, Limitation of Liability, Indemnification, Disputes, and General will still apply even after your account is terminated.
By creating an account or using the Halo service, you agree to be bound by these Terms.
Halo Platforms LLC
1007 N Orange St,
Wilmington, DE, 19801, USA