Terms of Service
1. Acceptance of Terms & Eligibility
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Kandid Technologies, Inc. ("Kandid," "we," "us," or "our").
By accessing our website at https://kandidsocial.com, signing up for our waitlist, or interacting with our marketplace, escrow infrastructure, and attribution tools (the "Services"), you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy.
Eligibility Requirement:
You must be at least 18 years of age (or the legal age of majority in your jurisdiction) and possess full legal authority to enter into contractual agreements. If you represent a company or agency, you certify that you have express authorization to bind that entity to these Terms.
2. The Kandid Marketplace Platform
Kandid operates a technology platform that facilitates performance-based creator commerce collaborations between commercial brands ("Brands") and independent content creators ("Creators").
Kandid acts as an independent intermediary marketplace. Unless explicitly stated in a custom enterprise statement of work, Kandid is not an advertising agency, employer, or talent management company. Brands and Creators contract with each other through standard digital campaign agreements facilitated by Kandid's protected escrow architecture.
3. Creator Obligations & Verification
As a Creator on Kandid, you agree to maintain high standards of authenticity, professional delivery, and accurate audience representation:
- Authentic Audience Representation: You warrant that your social followers, video views, and engagement metrics are authentic. You agree not to use bots, engagement pods, purchased followers, or artificial engagement tactics.
- Timely Deliverables: You agree to produce and submit content drafts that strictly conform to the specifications, aspect ratios, and guidelines outlined in the accepted campaign brief within agreed deadlines.
- Originality & Legal Clearance: All content produced must be your original creation. You must own or hold appropriate commercial licenses for any background music, imagery, fonts, or third-party intellectual property included in your submissions.
- Direct Independent Contractor Status: You perform creator services as an independent contractor. You are solely responsible for all income taxes, self-employment taxes, and local reporting required in your jurisdiction.
4. Brand Briefs & Campaign Standards
As a Brand or Agency on Kandid, you agree to create clear, honest briefs and provide fair working terms for creators:
- Clear Specifications: Campaign briefs must clearly outline product information, required deliverables (e.g., TikTok video, Instagram Reel), review rounds, usage duration, and fixed compensation.
- Product Seeding & Shipments: If a campaign requires physical product demonstration, the Brand must ship the product to the Creator at no charge in a timely manner. Deadlines for content production commence only after the Creator confirms physical receipt of the product.
- Lawful Products Only: Brands may not publish briefs promoting illegal goods, prescription drugs, predatory financial products, or deceptive schemes.
5. Escrow Architecture & Payment Terms
To eliminate payment anxiety, invoice chasing, and non-delivery risks, all transactions on Kandid utilize our proprietary escrow funding architecture:
Before a Creator begins producing content, the Brand deposits 100% of the agreed campaign compensation into an isolated escrow holding account. Funds remain locked and protected until the deliverables are reviewed and approved, or until formal dispute resolution is finalized.
- Review Window: Once a Creator submits final deliverables via the platform, the Brand has five (5) business days to review the submission. If no feedback, revision request, or dispute is registered within this window, the deliverables are deemed approved, and escrow funds are automatically disbursed to the Creator.
- Disbursement: Approved funds are released to the Creator's connected payout account (Stripe Connect or verified bank transfer) within 24 to 48 business hours.
- No Direct Off-Platform Payments: Parties agree not to circumvent the Kandid platform to complete payments offline for collaborations initiated on Kandid.
6. Platform Fees & 0% Launch Guarantee
Kandid provides the creator economy with transparent, industry-lowest pricing and zero hidden agency cuts:
Every creator joining through our founding waitlist pays 0% platform fees on their first two (2) completed brand deals. Creators keep 100% of their earnings.
For subsequent campaigns, Kandid charges an industry-lowest flat 5% platform fee to creators (creators keep 95%). No monthly subscriptions or hidden retainers.
Brand platform fees, escrow processing, and payment handling charges are explicitly summarized on the campaign checkout screen prior to final confirmation.
7. Content Ownership & Ad Usage Rights
Unless otherwise specified in a custom brief agreement:
- Creator Copyright: Creators retain underlying moral rights and copyright ownership of their authentic persona and organic creative output.
- Commercial Usage License: Upon release of escrow funds, the Brand receives a non-exclusive, worldwide, royalty-free commercial license to repost, host, and distribute the approved content on the Brand's digital channels for the duration specified in the brief.
- Paid Ad Authorization (Spark Ads & Meta Partnership Ads): If the brief includes paid boosting permissions, the Creator grants the Brand authorization to run the content as a TikTok Spark Ad or Meta Partnership Ad for the agreed boosting window (typically 30, 60, or 90 days).
- Portfolio Rights: Creators retain the perpetual right to display approved content in their professional portfolio, media kit, and personal case studies.
8. Legal Disclosures & FTC Compliance
Both Brands and Creators agree to comply fully with applicable advertising regulations, including the United States Federal Trade Commission (FTC) Guides Concerning the Use of Endorsements and Testimonials in Advertising:
Mandatory Disclosure Rules:
- Creators must clearly and conspicuously disclose their material connection to the Brand (e.g., `#ad`, `#sponsored`, or built-in platform paid partnership tags).
- Disclosures must appear before the user clicks "more" and must be easily readable on mobile screens.
- Creators must provide honest opinions based on actual experience with the promoted product.
9. Revisions, Cancellations & Disputes
Kandid enforces clear revision policies to prevent scope creep while ensuring high-quality brand deliverables:
- Standard Revisions: Campaigns include up to two (2) reasonable revision rounds covering adjustments to talking points, pacing, or audio clarity that align with the original brief. Revisions requesting completely new creative concepts outside the initial brief require supplementary compensation.
- Cancellation Before Production: If a Brand cancels an agreement before the Creator has commenced production, the escrow deposit is refunded minus payment processing fees.
- Escrow Dispute Mediation: In the event of irreconcilable disputes regarding deliverable compliance, either party may escalate the deal to Kandid Mediation. Kandid's trust team will evaluate the campaign brief, submitted drafts, and revision logs to issue a binding determination regarding escrow fund allocation.
10. Prohibited Conduct & Platform Integrity
Users agree never to engage in any of the following activities on Kandid:
- Purchasing fake followers, views, likes, or comments to artificially inflate marketplace scores.
- Circumventing platform escrow to execute offline payments for partnerships discovered through Kandid.
- Harassing, threatening, defaming, or discriminating against any user or creator.
- Reverse engineering, scraping, or copying marketplace algorithms, media kit tools, or proprietary scoring models.
- Submitting false claims or fraudulent dispute evidence.
Violation of platform conduct rules results in immediate account suspension, forfeiture of verified status, and potential legal remedies.
11. Disclaimers & Limitation of Liability
The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied.
Kandid does not guarantee specific commercial sales volumes, viral reach numbers, return on investment figures, or campaign success metrics. Each creator partnership involves independent consumer audience behavior.
To the maximum extent permitted by applicable law, Kandid Technologies, Inc. shall not be liable for indirect, incidental, special, consequential, or punitive damages. Our aggregate liability arising out of or related to these Terms shall not exceed the greater of $100 USD or the total platform fees paid by you to Kandid in the twelve (12) months preceding the incident.
12. Dispute Resolution & Governing Law
These Terms and any dispute arising from your use of the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles.
Any dispute, controversy, or claim between you and Kandid arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. You agree to resolve disputes on an individual basis and expressly waive any right to bring or participate in class action lawsuits or class-wide arbitration.
13. Legal Notices & Contact
Formal legal notices, contract inquiries, or platform compliance questions should be directed to:
Kandid Technologies, Inc.
Legal & Regulatory Affairs Department
Legal Counsel Email: [email protected]
Support Desk: [email protected]
Website: https://kandidsocial.com
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