Terms of Service

These Terms of Use (“Terms”) govern your access to and use of the Lit Influence platform (accessible at https://lit.africa), operated by Lit Influence (Pty) Ltd (“Lit Influence”, “we”, “us” or “the Company”). Lit Influence is an influencer marketing marketplace based in South Africa, connecting brands with social media influencers for collaborative marketing campaigns. By registering an account or using the Lit Influence platform in any way, you (the user, whether a brand, an influencer, or an agency acting on their behalf) agree to these Terms. If you do not agree, you must not use the platform.

These Terms are a binding legal agreement designed to protect influencers, brands, and Lit Influence. Please read them carefully. They outline the rules for registration, using the platform, payment procedures, content ownership, dispute resolution, liabilities, and other important matters.

1. Introduction

• Overview of the Platform: Lit Influence (Pty) Ltd provides the “Lit.africa” online platform (“the Platform”) that streamlines how brands and influencers find and collaborate with each other for marketing campaigns. Brands (businesses, agencies, or advertisers) can use the Platform to discover and hire influencers (content creators on social media) to promote their products or services. Influencers can use the Platform to find sponsorships and campaign opportunities that match their interests and audience. Our goal is to facilitate meaningful, transparent, and mutually beneficial partnerships between brands and influencers in South Africa.
• Purpose of these Terms: These Terms of Use set forth the rights, obligations, and responsibilities of all parties using our Platform. They explain what you can expect from Lit Influence and what we expect from you. The Terms cover important topics such as account registration, acceptable use of the Platform, payment processes, ownership of content, dispute resolution, and limitation of liability. We have tried to write these Terms in a clear and user-friendly manner, but if you have any questions, please contact us using the information in the Contact section below.
• Acceptance of Terms: By accessing, registering on, or using the Lit Influence Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and any other guidelines or policies we may provide (which are incorporated by reference). If you are using the Platform on behalf of an organization (for example, as an employee of a brand or as an agent managing influencers), you represent that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you should not use or access the Platform.

2. User Registration & Accounts

To use the Lit Influence Platform as a brand or influencer, you must create a user account and comply with the following registration requirements:

• Eligibility
  • Adult Users (18+): You must be at least 18 years old (or the age of majority in your jurisdiction) to register independently as a user on the Platform. By registering, you represent that you have the legal capacity to enter into this agreement.
  • Minors (Under 18): If you are under 18, you may not create your own account or use the Platform unless:
    • Your parent or legal guardian signs a separate “Minor Contract” with Lit Influence (Pty) Ltd, explicitly consenting to your use of the Platform and assuming all related responsibilities and liabilities.
    • In such cases, the parent or guardian will be regarded as the primary account holder, and they must ensure compliance with these Terms and all other applicable requirements.
• Account Types: There are generally two types of users on the Platform: Influencers and Brands. Influencers are individuals (or teams) who create content and have social media influence, looking for collaborations. Brands are businesses, advertisers, or their agencies seeking to engage influencers for promotional campaigns. Both types of users must register and maintain an account to participate in the marketplace. All such users are collectively referred to as “Users” under these Terms.
• Registration Process: When creating an account, you agree to provide truthful, current, and complete information about yourself or your business as prompted by the registration form. This may include your real name or business name, contact information (email, phone number), physical address, and for influencers, links to your social media profiles and relevant statistics, and for brands, your company details. You may also be required to provide payment information (for brands) or banking information for payouts (for influencers) as described in the Payment Terms section. You agree to keep your information updated. If any of the registration information changes (such as your email address, bank details, or social media account handles), you must promptly update your Lit Influence account to reflect those changes.
• Account Security: You are responsible for maintaining the confidentiality and security of your account login credentials. Choose a strong, unique password and do not share it with others. You are responsible for all activities that occur under your account. If you suspect unauthorized access, you must notify Lit Influence immediately. We may assume communications or transactions made through your account were authorized by you.
• Account Use and Restrictions: Each user should have only one account of each type (one influencer account per person, and one brand account per brand or organization, unless managing multiple brands with permission). You may not transfer or assign your account without our prior written consent. Impersonation is prohibited. Lit Influence reserves the right to reject any registration or suspend/terminate an account if we discover inaccurate, false, or misleading information or misuse of the registration process.

3. Platform Usage Guidelines

The Lit Influence Platform provides tools for brands and influencers to interact, form collaborations, and manage campaigns. To ensure a fair and safe marketplace, all users must adhere to the following usage guidelines:

3.1 Collaborations Between Brands and Influencers

• Campaign Listings (for Brands): Brands can initiate collaborations by creating campaign listings or proposals on the Platform. A campaign listing should clearly outline the key details of the proposed collaboration, including (where applicable) the campaign objectives, the product or service to be promoted, the deliverables expected from the influencer, the platforms or channels to be used, the timeline/deadlines, any required hashtags or disclosures, content guidelines, and the compensation offered. Brands must ensure that their campaign description is honest, lawful, and includes all information an influencer would reasonably need.
• Profile and Listings (for Influencers): Influencers should maintain an up-to-date profile that accurately reflects their personal brand, follower counts, engagement metrics, and other relevant information. When applying to or accepting a campaign, an influencer should ensure they have the ability and intention to fulfill the requirements. Acceptance of a campaign proposal is a commitment to deliver the specified content if selected.
• Agreement on Collaboration Terms: Once a brand and an influencer decide to work together, they should use the Platform's communication features to define the terms of the collaboration. This includes finalizing the scope of work, deadlines, deliverables, review or approval processes, the payment amount, and any special conditions. All important terms should be recorded in writing on the Platform to avoid misunderstandings.
• Execution of Campaign: The influencer must create content meeting the agreed specifications and deadlines. The brand must provide any required resources in a timely manner. Both parties should keep communication centralized through the Platform. Once the influencer delivers the content, the brand should promptly acknowledge completion and approve it if it meets requirements. Reasonable revisions may be requested if agreed upon beforehand.
• Honesty and Professionalism: Both brands and influencers should act with honesty and integrity. Brands should not demand extra work beyond the scope or withhold payment for unrelated reasons; influencers should not deviate significantly from the brand's guidelines or publish misleading statements. Communication must remain professional and respectful. Any harassment should be reported to Lit Influence support.
• No Circumvention: All collaborations initiated on the Platform must be managed and compensated through the Platform. Users must not circumvent the Platform to avoid fees (e.g., taking the transaction offline). Doing so can result in account suspension. If a user attempts to move deals off-platform, please report it.

3.2 Prohibited Content and Activities

Certain content and activities are strictly prohibited on the Lit Influence Platform. You agree not to post, promote, share, or engage in:

• Illegal or Harmful Content: Any content that violates South African or applicable law, including content promoting illegal activity, hate speech, or violence.
• Hate Speech and Harassment: Abusive, harassing, bullying, hateful, or inciting harm based on race, ethnicity, religion, gender, etc. is forbidden. Treat all users respectfully.
• Pornography and Obscenity: Pornographic or sexually explicit material is not allowed. Content must not violate social media platforms' content policies.
• Fraudulent or Deceptive Conduct: Misrepresenting identity, faking engagement, making false claims about products, posting nonexistent opportunities, or running scams.
• Intellectual Property Infringement: Uploading or sharing copyrighted or trademarked content without permission is prohibited.
• Spam and Unsolicited Communications: The Platform's messaging must only be used for legitimate collaboration. No mass or irrelevant advertising messages.
• Interference with Platform Integrity: Attempting to hack, introduce malicious code, or otherwise disrupt the Platform's normal operation is forbidden.
• Other Unacceptable Content: No blatantly false or misleading content, unauthorized disclosure of personal data, or anything violating third-party community guidelines.

Lit Influence may remove prohibited content and suspend or terminate accounts of violators. Users remain responsible for their own content. Please report any violations you see.

4. Payment Terms

Lit Influence acts as an intermediary for payments between brands and influencers, providing a secure transaction process. The following terms outline how payments are handled:

• Role of Lit Influence: We collect payments from brands on behalf of influencers and disburse those funds upon campaign completion. All payments for collaborations initiated on the Platform must go through Lit Influence.
• Payment Process for Brands: Once a collaboration is agreed, brands must pay the agreed compensation via methods offered by Lit Influence. Typically, brands pay upfront into Lit Influence's account before an influencer starts work.
• Payment Confirmation: We confirm receipt of funds (e.g., instant if via integrated payment gateways, or after we verify EFT payments). Influencers are advised not to begin work until payment is confirmed.
• Holding of Funds: Lit Influence holds the brand's payment in a secure account until the influencer completes the campaign, at which point funds are released. No interest is paid to either party on held funds.
• Payment Release to Influencers: Upon completion and brand approval of the content, we release the payment to the influencer via EFT. If the brand unreasonably withholds approval, we may still disburse funds after a review. Influencers must keep bank info accurate.
• Timeline for Payouts: Influencers can request payout once their “Lit Wallet” reaches a minimum of R500. Lit Influence processes payouts within about 7 business days of approval, though bank transfers may take additional time to reflect.
• Platform Fees and Commission: We may charge fees or commissions on transactions. The structure is disclosed at the time of payment. By using the Platform, you agree to any such fees.
• Tax and VAT: Unless stated otherwise, campaign amounts are exclusive of VAT. Lit Influence may charge VAT on its service fees if applicable. Users are responsible for their own tax obligations and must comply with South African tax laws or others that apply.
• Non-Payment and Remedies: If a brand's payment fails, the influencer may put work on hold. Lit Influence is not obligated to pay the influencer if the brand does not actually provide funds. Repeated non-payment can lead to account suspension and legal action.
• Refunds and Cancellations: If a campaign is canceled before work is done, a refund may be provided to the brand (minus non-refundable fees). If the influencer fails to deliver, the brand may be entitled to a full or partial refund. Dispute resolution procedures apply if there is a disagreement.
• Disbursement Conditions: Lit Influence may hold funds in case of a dispute or suspected fraud until a resolution is reached.
• Financial Responsibility: Brands and influencers must commit only to what they can fulfill financially. Upfront payment is typically required unless explicitly agreed otherwise.
• Currency and Cross-Border Payments: The Platform operates primarily in ZAR. International users are responsible for any currency conversion or transfer fees.

5. Content Ownership & Intellectual Property Rights

Collaborations on Lit Influence involve the creation of original content (e.g., photos, videos, captions) by influencers. To clearly define the rights associated with such content, the following terms apply:

5.1 Influencer Ownership

Retention of Ownership: The influencer retains full ownership of all original content created as part of a campaign. Participation in a campaign does not transfer or assign ownership of the content to the brand.

5.2 Licensing of Content for Brands

Default License: By default, upon campaign approval, the influencer grants the brand a non-exclusive, royalty-free license to use the content strictly within the campaign’s scope.

Advertiser Licensing Options: A new dropdown in our backend now allows advertisers to choose the licensing type under which the content will be used. The available licensing types are:

• Exclusive Rights: Grants the brand exclusive use of the content, meaning the influencer cannot license the same content to other parties (or use it for additional purposes) during the agreed period without a separate agreement and potentially additional compensation.
• Non-exclusive Rights: Permits the brand to use the content as agreed while allowing the influencer to license or use the content for other purposes.
• Commercial License: Authorizes the brand to use the content for commercial, revenue-generating activities.
• Non-commercial License: Restricts the brand’s use of the content solely to non-commercial purposes.
• Brand Ownership Rights (100% Transfer): If the brand selects this option during campaign creation, the influencer agrees to transfer all rights, including copyright and any related intellectual property rights, to the brand upon campaign completion. With this option, the brand will own the content 100% and may use, modify, or distribute the content without any further consent from the influencer. Any such transfer of rights might require additional compensation as agreed upon between the parties.

License Duration: In addition to selecting the licensing type, advertisers must also choose the license duration from a dropdown. The license duration specifies how long the rights are granted—this can be a predefined period (e.g., 6 months, 1 year, 2 years, etc.) or perpetual. The license rights are effective solely for the selected duration unless expressly renewed or altered through a new agreement.

Advertisers must accurately select the licensing type that reflects their intended usage, and in some cases, different licensing types may be subject to additional fees or specific conditions.

5.3 Negotiation of Additional Rights

If a brand requires rights or usage terms beyond those provided by the selected licensing option, this must be explicitly negotiated and agreed upon between the brand and the influencer. Such negotiations may involve additional compensation or terms outside the standard licensing dropdown options.

5.4 Additional Provisions

Brand’s Intellectual Property: Brands retain ownership of their pre-existing intellectual property (such as logos, trademarks, etc.), and influencers receive a limited license to use these assets strictly for the campaign.

Compliance and Credits: Both parties must adhere to all applicable intellectual property laws. Brands are encouraged to credit influencers where feasible, and influencers should not see their work misrepresented or distorted.

Usage Scope: Any rights granted via the licensing options are limited to the specific campaign and related use as agreed in the campaign details. Broader or unrelated use requires fresh negotiations and consent.

6. Dispute Resolution

If disagreements arise, users should first attempt to resolve issues through clear communication on the Platform:

• Good Faith Negotiation: Brands and influencers must try to resolve disputes directly and fairly. Most issues can be settled by referencing the agreed campaign terms and discussing a compromise.
• Mediation by Lit Influence: If direct communication fails, either party can escalate the dispute to Lit Influence. We will mediate informally to help both sides reach an agreement. However, we are not a formal arbitrator or judge.
• No Lit Influence Liability in Disputes: Lit Influence is not liable for damages resulting from user-to-user disputes. Our role is strictly as an intermediary.
• Resolution and Release of Funds: If a payment dispute arises, we may hold funds until the parties agree on a solution, or until a final decision is made via mediation or, if needed, external legal means.
• External Avenues: If mediation does not resolve the dispute, users may pursue legal action outside the Platform, subject to the governing law outlined in these Terms.

7. Liability & Indemnification

This section outlines important disclaimers and limits Lit Influence's liability for issues stemming from user interactions or content.

7.1 Lit Influence's Platform Disclaimer

• No Warranty of Performance: The Platform is provided “as is” without warranties of any kind. We do not guarantee uninterrupted, error-free service or any specific outcome from using Lit Influence.
• Service Availability: We are not liable for downtime or technical failures. Maintenance or unforeseen issues can lead to temporary unavailability.
• User-Generated Content: Lit Influence does not guarantee accuracy of user profiles, campaign listings, or other user content. We are not responsible for misinformation posted by users.
• No Endorsement of Counterparties: We are not an employer, agent, or insurer of users. We do not endorse or vouch for any brand or influencer's reliability, and disclaim liability for their actions.
• Limited Liability for Platform Issues: To the maximum extent allowed by law, Lit Influence is not liable for indirect or consequential damages, loss of profits, data, or goodwill. Our maximum liability, if any, is capped at the fees you paid to us in the past 6 months or ZAR 1,000, whichever is less.

7.2 Indemnification by Users

• User's Agreement to Indemnify: You agree to indemnify and hold harmless Lit Influence (including our directors and agents) from any claims, damages, or expenses arising from your breach of these Terms, your content or conduct, your disputes with others, or your violation of any law or third-party rights.
• Process for Indemnification: If we face a legal claim due to your conduct, we may require you to defend us or cover our legal costs. We will notify you promptly and retain the right to participate in our defense.

8. Compliance & Legal Obligations

• Advertising Standards and Disclosure: South African advertising codes require clear disclosure of sponsored posts (e.g., using “#ad,” “#sponsored,” or platform-specific tools). Influencers and brands must comply with all relevant guidelines (ARB, social media platform rules, etc.).
• Social Media Platform Policies: All posted content must adhere to the relevant platform's rules (Instagram, Facebook, YouTube, TikTok, etc.). Violations of such guidelines also breach these Terms.
• No Fraud or Misrepresentation: Users must not engage in fraudulent or deceptive conduct. Do not fake follower counts, credentials, or campaign results.
• Product Claims: Brands must ensure any product claims are lawful and substantiated. Influencers should not exaggerate or fabricate experience with a product.
• Data Protection and Privacy: Handle personal information you receive via the Platform (e.g., addresses for shipping) in compliance with POPIA and other privacy laws. Only use personal data for the intended campaign.
• Regulated Industries: Certain categories (alcohol, gambling, pharmaceuticals, financial services) have extra legal restrictions. Comply with all applicable laws and guidelines if operating in those industries.

9. Termination & Account Suspension

• Voluntary Account Closure: You may request to close your account at any time. Ensure all active campaigns are completed or canceled and outstanding obligations are settled.
• Inactivity: Accounts with no login or activity for 90 days may be marked inactive. We may suspend or delete inactive accounts after sending a notice.
• Violation of Terms: We may suspend or terminate accounts for breaches such as prohibited content, non-payment, or repeated misconduct. Serious violations (fraud, illegal activity) can result in immediate termination.
• Fraudulent or Illegal Activity: Such activity leads to immediate termination. We will cooperate with law enforcement if necessary.
• Misuse of Platform: Consistent bad-faith tactics or attempts to manipulate the platform may result in termination. We typically warn first, but may take immediate action if needed.
• Procedure for Suspension/Termination by Lit Influence: If suspended, you may lose access to some features. If terminated, your profile may be removed, and ongoing campaigns canceled.
• Effect on Ongoing Collaborations: We will handle any in-progress campaigns case-by-case. Lit Influence is not liable for losses if a collaboration cannot continue due to a party's termination.
• No Liability for Termination: We are not responsible for any compensation or damages resulting from an account suspension or termination.
• Appeal: If you believe your account was terminated in error, you may contact us with an appeal. We may or may not reinstate the account at our discretion.

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Contact Information: If you have any questions about these Terms or the Lit Influence Platform, please reach out to us at [email protected] (example address).