Welcome to Bak.com, an influencer marketing platform operated by United Innovation Solutions LLC ("Bak.com," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the Bak.com website and services (the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and all other policies and guidelines incorporated herein by reference.
Please read these Terms carefully before using the Platform. If you do not agree to these Terms, you may not access or use the Platform.
1. Acceptance of Terms
By creating an account, accessing, or using the Bak.com Platform, whether as a Brand (advertiser/marketer) or a Creator (influencer/content producer), you confirm that you have read, understood, and agree to be bound by these Terms, and that you are at least 18 years of age and legally capable of entering into a binding agreement.
2. About Bak.com
Bak.com is a U.S.-based influencer marketing platform developed by United Innovation Solutions LLC, a Florida-based technology company. The Platform connects Brands with Content Creators for influencer marketing campaigns. We offer two primary service models:
- Full-Service Model: Comprehensive influencer marketing solutions with end-to-end campaign management.
- UGC Model: A marketplace allowing Brands to directly collaborate with Creators to purchase user-generated content (UGC) for use in their own paid advertisements.
The Platform is currently available for public launch in Turkey and the United States.
3. Account Registration and Security
3.1. Account Creation:
To access most features of the Platform, you must register for an account as either a Brand or a Creator. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2. OTP Verification:
All Creator and Brand accounts require One-Time Password (OTP) verification via Twilio for enhanced security. You agree to receive OTPs via your registered phone number.
3.3. Account Security:
You are responsible for safeguarding your password and for any activities or actions under your account. You agree to notify Bak.com immediately of any unauthorized use of your account. Bak.com will not be liable for any loss or damage arising from your failure to comply with this security obligation.
3.4. Email Communications:
Email communications related to your account and Platform activities will be handled via Mailchimp/Mailgun.
3.5. User Activity Logging:
For traceability and security purposes, user activities and data changes on the Platform are logged in our admin panel.
4. Brand Specific Terms
4.1. Campaign Creation:
Brands can create and publish campaign briefs, defining their marketing objectives and content requirements.
4.2. Collaboration Management:
Brands can browse Creator applications, manage collaborations, and communicate with Creators directly through the Platform's tools.
4.3. Wallet Funding:
Brands must fund their Bak.com wallet via Stripe to pay for campaigns. All payments for campaigns initiated on the Platform must be made through the Platform's integrated payment system.
4.4. Content Approval:
After a Creator submits content, Brands have seven (7) business days to approve or reject the content. If a Brand fails to approve or reject the content within this 7-day period, the content will be automatically deemed accepted, and payment will be released to the Creator.
4.5. Usage Rights for UGC:
By purchasing UGC through the Platform, Brands receive a license to use the content as specified in the campaign brief and these Terms. Unless explicitly agreed otherwise in writing through the Platform, Brands are granted a broad, perpetual, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such UGC in any media now known or hereafter devised, solely for their internal marketing purposes and external advertising campaigns.
5. Creator Specific Terms
5.1. Profile Management:
Creators can create and manage a verified profile, showcasing their skills, portfolio, and engagement metrics.
5.2. Campaign Applications:
Creators can apply to campaigns published by Brands and communicate with Brands regarding proposals and content requirements.
5.3. Content Submission:
Creators must upload content and receive feedback via the Platform's tools. Content must adhere to the campaign brief and Bak.com's content guidelines (if any).
5.4. Payment and Earnings:
- Commission: Bak.com charges a 15% commission on payments made to Creators.
- Escrow: Funds are held in escrow within the Platform once a Brand accepts a Creator's proposal.
- Release of Payment: Payment is only released to the Creator after the content is delivered and approved by the Brand, or if the Brand fails to approve or reject the content within the 7-business day period.
- Tracking: Creators can track their performance and earnings through their dashboard.
5.5. Content Rights:
- Ownership: Creators retain ownership of the intellectual property rights in the content they create, unless otherwise explicitly agreed upon in a specific campaign agreement executed through the Platform.
- Licensing: By submitting content for a campaign, Creators grant the Brand a license to use the content as described in Section 4.5.
- Representations and Warranties: Creators represent and warrant that they have all necessary rights, licenses, and permissions to create and submit the content and to grant the licenses hereunder, and that the content does not infringe upon the intellectual property or other rights of any third party.
6. Financial Terms and Transactions
6.1. Commission and Fees:
- Bak.com charges a 15% commission on payments to Creators.
- Bak.com charges a 10% service fee from Brands per campaign.
- These fees are deducted from the campaign payment before funds are released.
6.2. Payment Processing:
All financial transactions on the Platform are processed securely through Stripe. By using the Platform, you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time.
6.3. Escrow System:
Bak.com operates an escrow system for campaign payments to ensure fairness and security for both Brands and Creators. Funds are held until content approval or automatic release.
7. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Violating any applicable law or regulation.
- Infringing upon the rights of others, including intellectual property rights.
- Submitting false, inaccurate, or misleading information.
- Circumventing any fees or payment structures.
- Engaging in fraudulent or deceptive practices.
- Spamming, phishing, or distributing malware.
- Harassing, abusing, or harming another person or entity.
- Any activity that interferes with or disrupts the integrity or performance of the Platform.
8. Intellectual Property
The Platform and its original content, features, and functionality are and will remain the exclusive property of United Innovation Solutions LLC and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bak.com.
9. Disclaimers and Limitation of Liability
9.1. "AS IS" Basis:
The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. Bak.com makes no warranties, express or implied, regarding the Platform's operation or the information, content, materials, or products included on it.
9.2. No Guarantee of Success:
Bak.com does not guarantee the success of any campaign or the performance of any Creator or Brand.
9.3. Limitation of Liability:
To the fullest extent permitted by law, in no event shall Bak.com, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Platform; (ii) any conduct or content of any third party on the Platform; (iii) any content obtained from the Platform; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
10. Indemnification
You agree to defend, indemnify, and hold harmless Bak.com, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Content, any use of the Platform's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.
11. Governing Law and Dispute Resolution
11.1. Governing Law:
These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.
11.2. Dispute Resolution:
Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Florida, United States.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms.
13. Miscellaneous
13.1. Entire Agreement:
These Terms constitute the entire agreement between you and Bak.com regarding your use of the Platform.
13.2. Severability:
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
13.3. No Waiver:
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Bak.com's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
14. Contact Information
If you have any questions about these Terms, please contact us at:
United Innovation Solutions LLC [2255 GLADES RD, SUITE 324A, Boca Raton, Florida 33431, US]
Email: support@bak.com
