Terms of Service

Mogiu is operated by Zalify Inc., a Delaware corporation, 651 N Broad St, Suite 206, Middletown, DE 19709, USA (“Mogiu”, “we”, “us”). These Terms of Service (the “Terms”) govern your access to and use of the Mogiu website at mogiu.com, the Mogiu application, and any related services (together, the “Service”).

By creating an account, signing in with a third-party account, or otherwise using the Service, you agree to these Terms. If you are accepting them on behalf of a company or other organisation, you confirm you have authority to bind that organisation, and “you” means that organisation.

Mogiu has two kinds of users, and some sections below apply to only one of them: brands — businesses that use Mogiu to find creators, run outreach and manage campaigns — and creators — individuals who sign up to receive products and paid campaign work. Where a section is limited to one group, it says so.

Our Privacy Policy explains how we handle personal data and is part of these Terms.

You must be at least 18 years old to use the Service. Campaigns involve commercial commitments, product shipments and payments, and we do not knowingly allow anyone under 18 to create an account.

You must not use the Service if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, or if your account has previously been terminated by us.

Brand accounts and creator accounts are separate systems with separate sign-in. You are responsible for everything that happens under your account, for keeping your credentials secure, and for telling us promptly at hello@zalify.com if you believe your account has been compromised.

You may sign in using a third-party account (Google, Instagram or TikTok). When you do, you authorise us to receive the profile information described in the Privacy Policy, and you remain bound by that provider’s own terms. You may disconnect a linked account at any time; if it is your only sign-in method, you will need to add another before disconnecting it.

A brand account belongs to the organisation, not to the individual who created it. An organisation may invite members and may remove them; when a member is removed, their access to that organisation’s workspace ends immediately.

Mogiu helps brands find creators, contact them, agree terms, ship product, and track the resulting content and sales. It helps creators be found by brands, receive campaign offers, and agree a fee before producing anything.

Parts of the Service use automated systems and AI models — for example to suggest creators, draft outreach emails, summarise a conversation, or evaluate a quote. These outputs are suggestions. They can be wrong, incomplete or unsuitable. You are responsible for reviewing anything the Service drafts before you send, sign or rely on it, and for the decisions you make with it.

We may change, add to, or discontinue features. Where a change materially reduces functionality you are paying for, we will give you reasonable notice.

Your use of creator data

Mogiu shows you information about creators, including profile data collected from public sources and contact details. You may use it only to evaluate and contact creators for genuine campaign purposes. You must not sell it, publish it, add it to a separate marketing list, or use it for anything unrelated to your campaigns, and you must comply with the anti-spam and data-protection laws that apply to your outreach — including CAN-SPAM, GDPR and any local equivalent.

Connected accounts

Where you connect a third-party account to Mogiu, you confirm you are authorised to grant that access and that you hold any consents its use requires. You may revoke access at any time from that provider.

Products, samples and campaign obligations

You are responsible for the products you send to creators, for their safety and legal compliance, for shipping and customs, and for honouring what you agreed in a campaign — including the fee, the deliverables and the timeline. Mogiu does not inspect, warehouse or ship your products.

Your marketing claims

You are responsible for the accuracy of the campaign briefs, product claims and creative direction you give creators, and for ensuring the resulting content complies with advertising law and platform policies in the markets you target.

Joining and being matched

Signing up does not guarantee you will be offered campaigns. Brands choose who they invite. We review profiles and may decline or remove an account, for example where a profile appears to be fake, purchased or misrepresented.

Your relationship with the brand

When you accept a campaign, you enter into an agreement with that brand — not with Mogiu. You are an independent contractor of the brand. You are not our employee, partner, or agent, and we do not withhold taxes or make social contributions on your behalf. You are responsible for your own taxes.

Deliverables, fees and free product

The fee, the deliverables and any usage rights are agreed with the brand before you produce content — that agreement, including anything you sign electronically through Mogiu, governs the work. Products a brand sends you are provided on the terms of that campaign. If a campaign is described as gifted-only, no fee is payable for it.

Disclosure

You must clearly disclose any paid or gifted relationship in the content you publish, as required by the US Federal Trade Commission’s endorsement guides, by the equivalent rules in your own country, and by the policies of the platform you post on. Do not rely on us to make that disclosure for you.

Honesty about your account

Do not inflate your audience, buy engagement, or misrepresent your performance. Doing so is grounds for removal, and may make you liable to the brand.

Mogiu provides the platform on which brands and creators find each other and record what they agree. Unless we tell you otherwise in writing for a specific campaign, we are not a party to the agreement between a brand and a creator, we do not guarantee the performance of either side, and we do not act as an agent, employer, escrow provider or talent manager.

Disputes about a campaign — non-payment, undelivered content, product that never arrived, disagreements about usage rights — are between the brand and the creator. We may, at our discretion, provide records of what was agreed on the platform to help resolve them, but we are not obliged to mediate or to compensate either side.

You keep ownership of everything you upload to or create through the Service — product information, briefs, messages, images, and campaign content. We do not claim ownership of it.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit and display your content strictly as needed to operate the Service for you and the counterparties you are working with — for example, showing a creator’s post inside a brand’s campaign report. This licence ends when the content is deleted, except for copies retained in backups for the period described in the Privacy Policy and for anything a counterparty legitimately retained under their own campaign agreement.

Any licence a creator grants a brand to use campaign content — where it may run, for how long, on which channels, and whether it may be used as paid advertising — is set by the campaign agreement between them, not by these Terms.

You confirm you have the rights to everything you upload, and that it does not infringe anyone else’s intellectual property, privacy or publicity rights.

Brands pay for Mogiu as set out in their plan or order form. Unless that document says otherwise, fees are quoted in US dollars, are payable in advance, renew automatically for the same period, and are non-refundable except where required by law. Taxes are your responsibility unless we state that they are included.

Creator compensation is a matter between the creator and the brand. Where a campaign states that Mogiu facilitates payment, we do so as the brand’s payment facilitator only, and we are not responsible for a brand’s failure to fund a payment.

If an invoice is overdue, we may suspend access to the Service after giving notice.

The Service connects to services operated by others, including the platforms you sign in with and the providers behind features such as electronic signature and email delivery. Your use of those services is governed by their own terms, and their availability, policies and API behaviour are outside our control.

A platform may change or withdraw access at any time. If that breaks a feature, we will restore or replace it where we reasonably can, but we are not liable for the interruption.

You must not, and must not allow anyone else to:

• use the Service to send spam, unsolicited bulk email, deceptive outreach, or anything that violates anti-spam or telemarketing law;
• scrape, resell, or systematically extract data from the Service, or use it to build a competing product;
• upload malware, attempt to breach or probe our security, or access another organisation’s workspace or another user’s account;
• impersonate anyone, misrepresent an affiliation, or use the Service to harass, defraud, or discriminate against another user;
• upload content that is unlawful, infringing, sexually explicit involving minors, or that promotes violence or hatred;
• circumvent rate limits, usage caps, or technical restrictions, or use automated means to place unreasonable load on the Service.

We may investigate suspected breaches and may remove content or suspend access where we reasonably believe this section has been broken.

The Service — including the software, interface, design, documentation, and the Mogiu and Zalify names and logos — belongs to us or our licensors. These Terms grant you a limited, revocable, non-transferable right to use the Service, and nothing more. You may not copy, modify, reverse-engineer, or create derivative works from the Service except to the extent that restriction is unenforceable under applicable law. If you send us feedback, we may use it without obligation to you.

We aim to keep the Service available, but we do not promise uninterrupted or error-free operation. We may take the Service down for maintenance, and features may be offered as beta or early access, in which case they may change or be withdrawn without notice and are provided without any service commitment.

You may stop using the Service and close your account at any time — see Data Deletion for how to do that and what happens to your data.

We may suspend or terminate your access if you materially breach these Terms, if your use creates a legal or security risk to us or another user, if fees go unpaid after notice, or if we are required to by law. Where circumstances allow, we will give notice and an opportunity to fix the problem first.

On termination, your right to use the Service ends. Sections that by their nature should survive — including content licences already granted to a counterparty under a campaign, fees already due, intellectual property, disclaimers, limitation of liability, indemnification and governing law — survive.

To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement.

We do not warrant that the Service will meet your requirements, that campaign results, creator matches, AI-generated drafts, ratings or sales attribution will be accurate or profitable, or that data obtained from public sources or third-party providers is correct or current. Nothing in the Service is legal, tax or financial advice.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

To the fullest extent permitted by law, neither we nor our officers, employees or suppliers will be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for lost profits, lost revenue, lost goodwill, lost data, or the cost of substitute services, however caused and under any theory of liability, even if we have been advised of the possibility.

Our total aggregate liability arising out of or relating to these Terms or the Service is limited to the greater of (a) the amounts you paid us for the Service in the twelve months before the event giving rise to the claim, and (b) one hundred US dollars (USD 100).

These limits do not apply to liability that cannot be excluded or limited under applicable law. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

You will defend, indemnify and hold harmless Zalify Inc. and its officers, directors, employees and agents from any claim, demand, loss, liability, damage, cost or expense (including reasonable legal fees) arising out of your use of the Service, your content, your campaigns and the products you ship, your breach of these Terms, or your violation of any law or of anyone else’s rights. We will notify you of the claim and may participate in the defence with counsel of our choosing.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law rules. You agree that any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration or in the state or federal courts located in Delaware, unless otherwise prohibited by law, and you consent to the jurisdiction of those courts.

To the extent permitted by law, disputes will be resolved individually — you and we each waive any right to bring or participate in a class or representative action. Nothing prevents either party from seeking injunctive relief in any competent court to protect its intellectual property or confidential information.

If you are a consumer resident in the European Economic Area, the United Kingdom or another jurisdiction whose law grants you mandatory rights or a mandatory forum, nothing here removes those rights.

These Terms, together with the Privacy Policy and any order form or campaign agreement you enter into, are the whole agreement between us on this subject. If a provision is held unenforceable, the rest stays in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.

We may update these Terms. When we make a material change we will update the date at the top of this page and, where the change significantly affects your rights, give notice in the app or by email before it takes effect. Continuing to use the Service after a change takes effect means you accept the updated Terms.

Questions about these Terms:

• Zalify Inc., a Delaware corporation
• 651 N Broad St, Suite 206, Middletown, DE 19709, USA
• hello@zalify.com