Terms of Use

Terms of Use

Last updated

AGREEMENT TO TERMS

Thank you for your interest in The Founders Inc. ("Company," "we," "us," "our"), a company registered in the Republic of Korea. We operate a creator marketing platform, including our website and mobile application (collectively, the "Platform"), as well as any other related products and services that refer or link to these legal terms (the "Terms") (collectively, the "Services").

You can contact us by email at support@thefounders.kr or by mail to 8F, 10F, Parnas Tower, 521, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea.

These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and the Company, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.

The Services are intended for users who are at least 18 years of age. By using the Services, you represent and warrant that you are at least eighteen (18) years old, are legally authorized to enter into these Terms, and will comply with these Terms at all times.

1. OUR SERVICES

The Services provide a creator marketing platform that connects creators with brand campaigns. Through the Platform, eligible creators may participate in campaigns, create and post content on their own social media channels, and earn performance-based rewards calculated from sales tracked through unique referral codes.

The Services are available to users worldwide. However, the information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction. Those who access the Services from any location do so on their own initiative and are solely responsible for compliance with local laws.

2. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy, available at /legal/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms by reference.

3. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws and treaties in the United States and around the world.

Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal use or as authorized in connection with your participation in campaigns.

Except as set out in this section or elsewhere in our Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

You are strictly prohibited from using any information, content, or materials on, or otherwise derived from, the Services for purposes of training artificial intelligence technologies, including without limitation, training such technologies to generate text, images, audio, or other content.

We reserve all rights not expressly granted to you. Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.

Submissions. By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

4. USER REGISTRATION

You may be required to register to use the Services. You agree to keep your login credentials confidential and will be responsible for all use of your account. All information you provide must be correct, current, and complete. We reserve the right to remove or change a username we determine to be inappropriate, and to disable any account at any time in our sole discretion for any or no reason.

5. SOCIAL PLATFORM INTEGRATION

To participate in campaigns, you must link at least one social media channel (Instagram, TikTok, or YouTube) to your account. By linking your social media channels, you acknowledge and agree that:

  • Channel verification is read-only; we do not request or obtain posting, messaging, or any other write permissions on your social media accounts;
  • You are solely responsible for ensuring that your use of the Services complies with the terms of service of each social media platform you connect;
  • You may unlink a social media channel at any time through your account settings; unlinking will not affect existing campaign records or earned rewards.

When you unlink a social media account or when a platform notifies us of a disconnection, we will promptly delete your authentication records and stored copies of your avatar for that platform. Your public handle, display name, and campaign participation records may be retained as necessary for reward calculation and compliance purposes.

6. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

  • Systematically retrieve data or content from the Services to create a collection, database, or directory without our written permission;
  • Trick, defraud, or mislead us or other users, especially in any attempt to learn sensitive account information;
  • Circumvent, disable, or interfere with security-related features of the Services;
  • Disparage, tarnish, or otherwise harm us and/or the Services;
  • Use information obtained from the Services to harass, abuse, or harm another person;
  • Make improper use of our support services or submit false reports;
  • Use the Services in a manner inconsistent with any applicable laws or regulations;
  • Upload or transmit viruses, Trojan horses, or other malicious material;
  • Use any automated system, such as scripts, data mining, or robots;
  • Delete the copyright or other proprietary rights notice from any Content;
  • Attempt to impersonate another user or use another user's username;
  • Interfere with or place an undue burden on the Services or connected networks;
  • Attempt to bypass any measures designed to restrict access to the Services;
  • Except as permitted by applicable law, decompile, reverse engineer, or disassemble any software comprising the Services;
  • Harvest usernames or email addresses for unsolicited email, or create accounts by automated means or under false pretenses;
  • Sell or otherwise transfer your profile.

In connection with campaign participation, you also agree not to:

  • Inflate campaign performance metrics using fake, purchased, or bot-generated followers, engagement, or traffic;
  • Manipulate or interfere with tracking codes or referral links through cookie stuffing, click fraud, or similar means;
  • Create multiple accounts to receive duplicate rewards for the same campaign activity;
  • Misrepresent channel ownership, follower count, engagement rates, or other campaign eligibility information;
  • Fail to disclose your relationship with the Company or brand as required by FTC guidelines or equivalent regulations in your jurisdiction.

Access Restriction. If you violate or are suspected of violating any of the above, we reserve the right to limit or immediately suspend your access to the Services, including temporarily or permanently suspending your account, and you waive any right to contest or seek compensation for such actions.

7. CAMPAIGN PARTICIPATION AND CONTENT

From time to time, we will make brand campaigns ("Campaigns") available through the Platform. Each Campaign will include a brief describing the brand, product, content requirements, timeline, and reward structure ("Campaign Brief"). By opting into a Campaign, you agree to comply with the applicable Campaign Brief.

For certain Campaigns, we may ship product samples to you at the shipping address you provide. Product samples are provided solely for the purpose of creating Campaign content and are not intended for resale.

You agree to create and post original content on your own social media channels in accordance with the Campaign Brief. All Campaign content must: (1) be original and not infringe any third party's rights; (2) include all required disclosures in compliance with FTC Endorsement Guides and applicable laws; (3) not contain false, misleading, or deceptive claims about the brand or its products; and (4) comply with the terms of service of the social media platform on which it is posted.

If you use artificial intelligence ("AI") tools to generate or substantially assist in creating any Campaign content, you must: (1) obtain prior approval from the Company unless the applicable Campaign Brief expressly permits or prohibits the use of AI-generated content; (2) disclose that the content was generated or substantially assisted by AI in accordance with applicable laws, regulations, and platform policies; (3) assume sole responsibility for the accuracy, originality, and non-infringement of any AI-generated content; and (4) not use AI-generated fabricated testimonials or manipulated reviews in content that expresses product experience or personal opinions.

We will provide you with unique tracking codes and/or referral links to include in your Campaign content. We track Campaign performance using aggregate data only; we do not receive or process the personal information of individual purchasers.

8. CONTENT LICENSE

Campaign Content. By posting Campaign content, you grant us and the applicable Campaign brand a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, display, and distribute such content for the purpose of operating and promoting the Campaign and on the Company's and the brand's own organic marketing channels. Use of your Campaign content in paid advertising, broadcast media, or on an exclusive basis requires your separate consent as specified in the applicable Campaign Brief. You retain full ownership of all Campaign content you create.

Non-Campaign Contributions. For any non-Campaign user contributions (such as messages, comments, reviews, or other content posted through interactive features of the Platform), you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, publish, broadcast, store, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions for any purpose, and to prepare derivative works of, or incorporate into other works, such contributions, and to sublicense the licenses granted in this section. You waive all moral rights in such contributions.

We have the right, in our sole discretion, to edit, redact, or otherwise change any contributions, to re-categorize them, and to pre-screen or delete any contributions at any time and for any reason, without notice. You are solely responsible for your content.

9. REWARDS AND PAYOUTS

You may earn rewards ("Rewards") based on qualifying sales or other performance metrics tracked through your unique referral codes or links, as specified in each Campaign Brief. Reward rates, structures, and qualifying criteria are determined by us and may vary by Campaign.

We reserve the right to withhold, adjust, or reverse Rewards arising from: (1) fraudulent, artificial, or manipulated transactions or traffic; (2) refunded, cancelled, or charged-back purchases; or (3) violations of these Terms or the applicable Campaign Brief.

Payouts will be made in accordance with the payment schedule and minimum payout thresholds specified on the Platform. You are responsible for providing accurate payment information and for any taxes, fees, or other obligations arising from Rewards earned through the Services.

In the event of account termination for cause, any pending Rewards below the minimum payout threshold will be forfeited. Rewards earned through fraudulent means may be confiscated without prior notice, and we may require you to return any previously paid Rewards that were based on fraudulent activity.

10. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must: (1) have firsthand experience with the product or service being reviewed; (2) not use offensive, abusive, racist, or hateful language; (3) not include discriminatory references; (4) not reference illegal activity; (5) not be affiliated with competitors if posting negative reviews; (6) not post false or misleading statements; and (7) not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. Reviews are not endorsed by us. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, assignable, and sublicensable license to reproduce, modify, translate, transmit, display, perform, and distribute all content relating to the review.

11. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who violates these Terms; (3) refuse, restrict access to, or disable any of your content; (4) remove files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services to protect our rights and facilitate proper functioning.

12. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a notification.

13. THIRD-PARTY LINKS

If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

14. ELECTRONIC COMMUNICATIONS

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

15. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time at our sole discretion without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance. Nothing in these Terms obligates us to maintain the Services or to supply any corrections, updates, or releases.

16. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Services.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.

Upon termination, your right to participate in any active or future Campaigns will immediately cease. Any pending Rewards below the applicable payout threshold will be forfeited. A data deletion procedure is available at Deleting your data.

17. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND ASSUMES NO LIABILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO THE SERVICES, (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN, (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) BUGS, VIRUSES, OR TROJAN HORSES TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY, OR (6) ERRORS OR OMISSIONS IN ANY CONTENT.

IN ADDITION, THE COMPANY DOES NOT WARRANT THAT CAMPAIGN PERFORMANCE TRACKING, REFERRAL SALES, OR REWARD CALCULATIONS WILL BE ACCURATE, COMPLETE, OR ERROR-FREE.

18. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION SHALL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT OF REWARDS PAID TO YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

19. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your Campaign content or other contributions; (2) use of the Services; (3) breach of these Terms; (4) your violation of the rights of a third party, including intellectual property rights; (5) any overt harmful act toward any other user; or (6) your failure to comply with FTC guidelines or other applicable advertising disclosure requirements in connection with Campaign content.

20. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.

21. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

BY AGREEING TO THESE TERMS, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE THAT YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ALL ARBITRATION OR OTHER PROCEEDINGS SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS, AND CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

You are prohibited from using our Services if you are a "Tester." For purposes of these Terms, a Tester is defined as an individual whose primary purpose of using, or attempting to use, the Services is to seek to identify legal violations in connection with the Services.

Any Dispute that cannot be resolved between the parties shall be resolved exclusively in the state or federal courts located in Los Angeles County, California. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court.

Any cause of action or claim arising out of or relating to these Terms must be commenced within one (1) year after the claim or cause of action arises.

22. SUPPLEMENTAL TERMS

Certain features, services, Campaigns, or promotions offered through the Platform may be governed by additional terms ("Supplemental Terms"), including individual Campaign Briefs. In the event of any conflict between these Terms and any Supplemental Terms, the Supplemental Terms shall prevail solely with respect to the specific feature, service, or Campaign to which they apply.

23. MISCELLANEOUS

These Terms constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver of such right. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the remaining provisions. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us. You are an independent creator and have no authority to bind the Company. You are solely responsible for your own tax obligations arising from Rewards earned through the Services.

24. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information, please contact us at:

The Founders Inc.
ATTN: Legal Department
8F, 10F, Parnas Tower, 521, Teheran-ro, Gangnam-gu, Seoul, Republic of Korea
Email: support@thefounders.kr
For privacy-related inquiries: privacy@thefounders.kr