Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "User") and Beatly AB ("Beatly," "we," "our," or "us"). By accessing or using the Beatly platform, website, mobile applications, or any related services (collectively, the "Services"), you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use the Services.

Beatly reserves the right to update and modify these Terms at any time. Changes will become effective upon posting on our website or notification via email. Your continued use of the Services following such modifications constitutes your acceptance of the updated Terms.

1. Definitions

• "User" refers to any individual or entity utilizing the Services, including advertisers, influencers, and other registered members.
• "Advertiser" refers to any business or individual purchasing advertising or marketing services through Beatly.
• "Influencer" refers to individuals or entities providing promotional services via the Beatly platform.
• "Content" refers to any material, including but not limited to text, images, videos, and audio, uploaded to the Services.
• "Campaign" refers to a marketing initiative created by an Advertiser via the Services.

2. Account Terms

• Users must be at least 18 years of age to create an account.
• Users must provide accurate and complete information during registration.
• Users are solely responsible for maintaining the confidentiality of their account credentials and any activity that occurs under their account.
• Users may not share accounts, create multiple accounts for the same entity, or engage in fraudulent account activities.
• Users must comply with all applicable laws and regulations, including advertising disclosure laws such as those mandated by the Federal Trade Commission (FTC) and the European Advertising Standards Alliance (EASA).
• Beatly reserves the right to refuse service, suspend accounts, or terminate access at our sole discretion.

3. Fees, Payments & Payouts

• A valid payment method must be provided for all payable accounts.
• Users agree to pay all applicable fees in accordance with Beatly’s pricing schedule, campaign structure, or individual agreements.
• Influencer payouts will only be processed once the Advertiser has paid in full.
• Users are responsible for any applicable taxes, levies, or duties imposed by relevant authorities.
• Beatly reserves the right to adjust pricing and transaction fees with a minimum of 30 days’ prior written notice.
• Any chargebacks, payment disputes, or reversals may result in immediate suspension or termination of the User’s account.
• Advertisers failing to make payments may have their campaigns suspended or terminated at Beatly’s discretion.

4. Modifications & Service Availability

• Beatly reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.
• Beatly makes no representations or warranties regarding uninterrupted or error-free service and shall not be liable for any losses resulting from service unavailability.

5. Cancellation & Termination

• Users may cancel their accounts by submitting a written request to creators@beatly.com.
• Account cancellation results in permanent deletion of all associated Content, which cannot be recovered.
• Beatly reserves the right to suspend or terminate an account at its sole discretion, including but not limited to cases of fraudulent activity, non-compliance with these Terms, or any conduct that may harm Beatly’s reputation or business.
• Fraudulent, abusive, or illegal activities may be reported to relevant law enforcement authorities.

6. Intellectual Property & Content Rights

• Beatly retains all rights, title, and interest in and to its proprietary technology, trademarks, branding, and platform-related intellectual property.
• Users retain ownership of Content uploaded to the platform but grant Beatly a limited, non-exclusive, worldwide, royalty-free license to use such Content for platform promotion and marketing purposes.
• Advertisers and influencers acknowledge that rights to influencer-generated content are subject to individual agreements between them.
• Users may not copy, distribute, reproduce, or reverse-engineer any proprietary aspect of the Beatly platform.

7. User Responsibilities & Prohibited Conduct

• Users must ensure that all Content they upload complies with applicable intellectual property laws and that they possess the necessary rights and permissions to share such Content.
• Users shall not engage in deceptive, fraudulent, or misleading activities, including but not limited to false advertising, impersonation, or content manipulation.
• Advertisers and influencers must comply with all applicable disclosure regulations, including FTC guidelines and equivalent international laws.
• Users may not scrape, harvest, or collect data from other users for commercial purposes.
• Users must not introduce viruses, malware, or any harmful code intended to disrupt the Services.

8. Data Protection & Privacy

• Beatly complies with GDPR, CCPA, and other applicable data protection laws.
• Users consent to the collection, storage, and processing of personal data in accordance with Beatly’s Privacy Policy.
• Beatly does not sell personal data to third parties.
• Users may request access, modification, or deletion of their personal data at any time.

9. Disclaimer of Warranties & Limitation of Liability

• The Services are provided "as is" and "as available" without warranties of any kind, either express or implied.
• Beatly does not guarantee uninterrupted service, accuracy of content, or the security of stored data.
• Beatly shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost revenue, lost data, business interruption, or reputational harm.
• Beatly’s liability for any claim shall not exceed the total amount paid by the User in the preceding 12 months.

10. Dispute Resolution & Governing Law

• These Terms shall be governed by and construed in accordance with the laws of Sweden.
• Any disputes arising out of or relating to these Terms shall first be attempted to be resolved through good faith negotiations.
• If negotiations fail, disputes shall be submitted to binding arbitration in Stockholm, Sweden, unless otherwise required by law.
• Users agree to waive the right to participate in class-action lawsuits against Beatly.

11. Contact Information

For any questions regarding these Terms, please contact us at creators@beatly.com.

Data Processing Addendum (GDPR Compliance)

This Data Processing Addendum (DPA) applies to the processing of personal data subject to the General Data Protection Regulation (GDPR).

1. Data Processing & Responsibilities:

• Beatly acts as a Data Processor, while Users act as Data Controllers regarding personal data shared via the platform.
• Beatly will process personal data solely for the purpose of providing Services and in accordance with User instructions.

2. Data Security Measures:

• Beatly implements industry-standard security protocols to protect personal data.
• Users are responsible for securing their login credentials and preventing unauthorized access.

3. Data Retention & Deletion:

• Personal data is retained only as long as necessary for service provision.
• Upon request, Beatly will delete all personal data, unless legally required to retain it.

For further details, please refer to our Privacy Policy.

These Terms of Service constitute the entire agreement between you and Beatly AB regarding the Services and supersede any prior agreements.

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