Terms & Conditions

1) About Colabz

Colabz Limited ("Colabz", "we", "our") is a company established in New Zealand. The Platform is a marketplace that enables brands and agencies (collectively, "Brands") to discover and collaborate with creators ("Creators") for user-generated content and influencer services. Colabz is not a party to the contracts between Brands and Creators and does not employ Creators.

2) Eligibility and Accounts

• You must be able to form a legally binding contract in your jurisdiction.
• You must be at least 18 years old (or the age of majority in your jurisdiction).
• You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
• We may require identity or business verification and may suspend or terminate accounts where we cannot complete verification or detect policy violations.

3) Roles and Relationship

Brands and Creators contract directly with each other. Colabz provides tools for discovery, messaging, order management, escrow checkout, and payouts, but is not responsible for the performance of either party. Nothing in these Terms creates an employment, agency, or joint venture relationship between Colabz and any user.

4) Payments, Escrow, Refunds, and Payouts

• Payments are processed by a third-party payment service provider. Brands are charged at checkout, and funds may be held in escrow until items are approved per the order flow.
• Upon approval of deliverables, Colabz initiates payouts to the Creator's connected payout account through our payment service provider for the approved earnings. Payout timing and availability depend on the provider and the Creator's account settings and region.
• Platform and processing fees may apply. Fees are disclosed at checkout or in your account.
• Refunds: Before any transfer to a Creator, Brands may request partial or full refunds as permitted by the order flow. After transfers, refunds may involve a payment refund and transfer reversal where applicable. Disputes and chargebacks are handled according to our payment and dispute policies and the payment service provider's policies.
• Taxes: Brands and Creators are responsible for their own taxes. Where Colabz is required to collect or remit taxes (e.g., New Zealand GST on applicable platform fees), we will do so and display such amounts at checkout or on invoices.

5) Currencies and FX

• Creators may list services and accept payouts in supported currencies available via our payment service provider.
• Brands may be charged in their selected currency where supported by our payment service provider. If currency conversion is required, rates and fees are determined by the provider. Displayed estimates may differ from final settled amounts.
• Payouts are made to the Creator's connected payout account in the account's settlement currency, subject to the provider's terms.

6) Orders, Deliverables, and Revisions

• The order defines scope, pricing, timelines, number of revisions, and approval criteria. Changes to scope should be documented and agreed in the Platform before additional work begins.
• Brands should review deliverables promptly. Approval triggers payout flows. If revisions are included, they must be requested within the specified timeframe.

7) Content Ownership and Licenses

• Unless otherwise agreed in the order, Creators retain ownership of their original content and grant Brands a license consistent with the order terms (e.g., scope of use, duration, territory, paid media rights). Brands are responsible for complying with license limits.
• Brands must ensure they have rights to any materials, trademarks, or briefs they provide. Creators must ensure their deliverables do not infringe third-party rights.

8) Acceptable Use

• No illegal, harmful, deceptive, or misleading activity.
• No harassment, discrimination, or explicit content unless expressly permitted by law and platform policies.
• No infringement of intellectual property, publicity, or privacy rights.
• No attempts to bypass security, scrape data, or misuse API access.

9) Instagram Connection and Insights

• Creators may connect professional Instagram accounts (Creator or Business) to share profile, media, and insights. Connection uses Instagram Login with read-only scopes appropriate to the features.
• Tokens are stored securely on our server-side infrastructure and are not exposed to client devices. We refresh insights periodically. Data availability depends on Instagram APIs and your account status.
• We are not affiliated with or endorsed by Instagram. API changes, rate limits, or outages may affect data displayed on the Platform.
• If your account is not a professional account, connection may not complete and you will be prompted to upgrade before retrying.

10) Taxes, Invoices, and Reporting

• Colabz may charge New Zealand GST on applicable platform fees where required. Brands and Creators are responsible for assessing and fulfilling tax obligations (including VAT/GST, income tax, and any withholding) in their jurisdictions.
• Colabz is not the employer of Creators and does not provide tax, legal, or accounting advice.

11) Suspension, Termination, and Disputes

• We may suspend or terminate access for policy violations, fraud, or risk.
• Disputes between Brands and Creators should first be addressed through Platform messaging and order workflows. If unresolved, Colabz may review activity logs to facilitate a fair outcome but does not guarantee a resolution.

12) Warranties and Liability

• The Platform is provided "as is" without warranties of any kind. To the maximum extent permitted by law, Colabz disclaims implied warranties of merchantability, fitness, and non-infringement.
• To the maximum extent permitted by law, Colabz will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, and shall have no obligation to pay monetary damages arising from or related to your use of the Platform.
• Nothing in these Terms limits consumer rights that cannot be excluded under applicable law.

13) Governing Law and Jurisdiction

These Terms are governed by the laws of New Zealand. You submit to the exclusive jurisdiction of the courts of New Zealand for any dispute arising out of or relating to the Platform. If you are a consumer, you may have mandatory rights in your country of residence that prevail to the extent of any conflict.

14) Privacy

We process personal data in accordance with our Privacy Policy. This includes secure handling of OAuth tokens, limited scopes, and avoidance of logging sensitive tokens. For details on data collection and use, please refer to our Privacy Policy.

15) Changes to These Terms

We may update these Terms from time to time. Material changes will be notified via the Platform or email where feasible. Continued use after changes take effect constitutes acceptance of the updated Terms.

16) Contact

Questions about these Terms? Contact us via the support options in your account or email our team.

If you believe content on the Platform infringes your rights, please include sufficient details for us to assess your request (links, proof of ownership, and your contact information).

17) Non‑Circumvention

You agree not to circumvent the Platform to avoid fees or policies. All introductions, briefs, and orders initiated on the Platform must be transacted through the Platform for a reasonable period following the initial introduction. Colabz may suspend accounts engaging in fee avoidance or off‑platform solicitation.

18) Advertising and Disclosure Compliance

• Creators must comply with applicable advertising, disclosure, and consumer laws (e.g., FTC/ASA guidance on sponsored content and endorsements) and any platform‑specific rules.
• Brands are responsible for lawful briefs and claims and for ensuring required disclosures are clearly and conspicuously made.

19) Verification, Risk Reviews, and Holds

• We may require identity, business, or tax verification and may delay, hold, or reverse payouts to address risk, fraud, refunds, chargebacks, or legal requests.
• We may establish reserves or limits on accounts where we identify elevated risk.

20) Prohibited Jurisdictions and Sanctions

You represent that you are not located in, and will not use the Platform from, any jurisdiction subject to comprehensive sanctions or embargoes and are not a sanctioned person. You agree to comply with applicable export control and sanctions laws.

21) Content Moderation and Takedown

• We may remove or restrict content or accounts that violate these Terms or applicable law.
• If you believe content infringes your rights, submit a detailed notice including your contact details, the allegedly infringing material, location (URL), and proof of rights. We may forward your notice to the user.

22) Confidentiality

Briefs, pricing, drafts, and any non‑public information shared through the Platform are confidential. You may use such information solely for the purpose of performing the order and must not disclose it without permission or legal obligation.

23) Indemnification

You agree to indemnify and hold harmless Colabz, its affiliates, and personnel from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from your use of the Platform, your content, your breach of these Terms, or your violation of law or third‑party rights.

24) Force Majeure

Colabz will not be responsible for delays or failures caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or utility failures, and third‑party platform outages.

25) Feedback

If you provide feedback or suggestions, you grant Colabz a non‑exclusive, perpetual, irrevocable, royalty‑free, worldwide license to use that feedback for any purpose without attribution or compensation.

26) Assignment, Severability, Notices, and Survival

• Assignment: You may not assign or transfer these Terms without our consent. We may assign these Terms.
• Severability: If any provision is unenforceable, the remainder will remain in effect.
• Notices: We may provide notices via the Platform, email, or your account contact details.
• Survival: Provisions that by nature should survive termination will survive, including confidentiality, licenses, payments, disclaimers, indemnities, and governing law.