Terms of Service for uTrending

 

1. ABOUT US AND ACCEPTANCE OF TERMS

    1. Welcome to uTrending. These Terms of Service (“Terms”) constitute a legal agreement and govern your access to and use of the uTrending platform.
    2. We are Ziken Labs Srls (“we”, “us”, or “our”), with our registered office at Vittore Carpaccio 18 – 00147 – Rome (RM) – Italy, Tax Code/VAT IT17351991009.
    3. By registering an account, accessing, or using the platform, you agree that you have read, understood, and agree 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 platform, and you must discontinue use immediately.

2. GENERAL TERMS AND MODIFICATIONS

    1. Supplemental Terms of Service or documents that may be posted on the platform from time to time are hereby expressly incorporated herein by reference.
    2. Modifications to the Terms: We reserve the right to update or modify these Terms to reflect changes in the law, our features, or our business practices. In compliance with EU standards, we will provide you with at least 15 days’ written notice (via email or a prominent platform notification) before any material changes take effect. If you do not agree to the updated Terms, you have the right to terminate your account and discontinue using the platform before the changes come into force. Your continued use of the platform after the notice period expires will constitute your acceptance of the revised Terms.
    3. uTrending is an online service platform that connects content creators (“Influencers”) with businesses (“Brands”). As such, we:
      1. Do not offer the services advertised by Influencers and merely provide the technical and organisational infrastructure to ensure the proper conduct of transactions on the platform.
      2. Do not ourselves become a contracting party to the individual campaigns concluded between Influencers and Brands.
      3. Cannot guarantee that Brands will find suitable Influencers or that Influencers will find suitable Brands.
      4. Assume no liability for the content that Influencers provide, nor the ability to fulfil the requirements for a campaign advertised.

3. ELIGIBILITY, USER REPRESENTATIONS, AND ACCOUNT SECURITY

    1. By using the platform, you represent and warrant that:
    2. Age Declaration: You are not under the age of 18 and possess the legal capacity to comply with these Terms. You assume full and exclusive responsibility for the accuracy of this declaration.
    3. All registration information you submit will be true, accurate, current, and complete, and you will promptly update such information as necessary.
    4. You will not access the platform through automated or non-human means, whether through a bot, script, or otherwise.
    5. Your use of the platform will not violate any applicable law or regulation.
    6. Account Security and Credentials: To use the platform, you must register for an account. You are solely responsible for maintaining the confidentiality and security of your login credentials. You agree to notify us immediately of any unauthorised access to, or use of, your account. uTrending shall not be held liable for any loss, damage, or data breach arising from your failure to safeguard your password, nor for any unauthorised activities conducted through your compromised account.
    7. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the platform.
    8. Influencers agree to conduct themselves in a professional manner at all times. If an Influencer engages in behaviour that is widely considered offensive, illegal, or brings them, uTrending, or a connected Brand into public disrepute, contempt, or scandal, we and the respective Brand reserve the right to immediately terminate any active campaigns and withhold pending payments associated with those campaigns.
    9. During the course of using the Platform or participating in a campaign, you may receive access to non-public, sensitive information regarding a Brand’s products, strategies, or the terms of a specific brief. You agree to hold all such information in strict confidence, not to disclose it to any third party, and to use it solely for the purpose of executing the agreed-upon campaign.

4. YOUR PERSONAL DATA AND PUBLIC PROFILE RISKS

    1. To connect you with Brands, the platform requires you to create a public profile.
    2. Assumption of Risk: You understand and acknowledge that making your personal data visible on the internet carries inherent risks. This includes, but is not limited to, the potential for unauthorised third-party scraping, data collection, or unwanted contact.
    3. Limitation of Liability: While we implement security measures to protect our platform, you accept that we cannot completely control the actions of third parties. By sharing your personal data on uTrending, you expressly release us from any liability regarding the malicious or unauthorised use of your public profile data by external third parties.

5. UPLOADING CONTENT AND INTELLECTUAL PROPERTY

    1. When you upload text, images, videos, or other materials (“Content”) to your profile or deliver them for a campaign, you retain ownership.
    2. Compliance: You irrevocably and unconditionally represent and warrant that any of your Content uploaded to our platform complies with our Privacy Policy, the GDPR, and any other applicable laws.
    3. Licence to Us: You grant us a limited, free, non-exclusive licence to display your profile Content on our platform and use it for promotional purposes relating to uTrending.
    4. Your Guarantee: You represent and warrant that you own or have obtained all necessary rights, licences, and permissions for all Content you upload or provide. You guarantee that your Content does not infringe upon the copyrights, trademarks, privacy rights, or any other legal rights of any third party.
    5. Disclosure: We have the right to disclose your identity to any third party claiming that any Content posted or uploaded by you to our platform constitutes a violation of their rights under applicable law.

6. CONTENT MODERATION AND DIGITAL SERVICES ACT (DSA) COMPLIANCE

    1. In accordance with the EU Digital Services Act, we maintain a strict policy against illegal content and violations of these Terms.
    2. Notice and Action: Any user or third party may report content they believe to be illegal, non-consensual, or in violation of these Terms by contacting us at support@utrending.com.
    3. Moderation and Takedowns: We reserve the right to investigate reports and, at our sole discretion, suspend, restrict, or permanently remove any content or account that we reasonably believe violates these Terms, infringes upon intellectual property rights, or is otherwise illegal.
    4. Right to Appeal: If we take action against your content or account, we will provide you with a clear statement of reasons. You will have the right to appeal our decision through our internal complaint-handling mechanism, details of which will be provided alongside the moderation notice.

7. CAMPAIGNS, BRIEFS, AND CONDUCT

    1. Any specific collaboration with a Brand will be governed by a separate operational document known as a “Brief”, detailing the compensation, deliverables, and commercial usage rights.
    2. While using the platform, you agree not to:
    3. Attempt to bypass our systems to arrange payments with Brands outside of the uTrending platform to avoid the payment of fees.
    4. Use the platform for any illegal or unauthorised purpose.
    5. Upload content that is offensive, discriminatory, or violates any third-party rights.

8. TAX OBLIGATIONS AND DAC7 DIRECTIVE REPORTING

    1. As a digital platform facilitating commercial transactions within the European Union, uTrending is subject to strict legal reporting obligations under the EU DAC7 Directive.
    2. Data Collection: You agree to provide us with accurate, up-to-date tax identification details, your registered address, and any other financial information legally required for us to process your payouts.
    3. Reporting to Authorities: You acknowledge and expressly agree that uTrending is legally obligated to collect, verify, and report data regarding your identity, tax residence, and the total revenue you generate on the platform to the Italian tax authorities, who may share this information with the tax authorities of your country of residence.
    4. Your Responsibility: You remain solely responsible for properly declaring your income and paying any applicable income taxes, VAT, or other levies required by the laws of your jurisdiction.

9. TERM AND TERMINATION

    1. These Terms shall remain in full force and effect while you use the platform. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the platform to any person for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms.
    2. We may terminate your use of the platform or delete your account and any content or information that you posted at any time, without warning, at our sole discretion. If we terminate or suspend your account, 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.

10. LIMITATION OF LIABILITY

    1. You expressly agree that your use of the services and our platform is at your sole risk. We have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms for:
      1. Loss of profits, sales, business, or revenue.
      2. Loss or corruption of data or information.
      3. Loss of business opportunity, goodwill, or reputation.
      4. Any other indirect or consequential loss or damage.
    2. Modifications or restrictions imposed by social platforms (bans, shadowbans, suspensions, account deletions).

11. INDEMNITY

You agree to indemnify and hold us, our respective directors, officers, employees, agents, and representatives harmless from and against all claims, losses, expenses, damages, and costs (including reasonable legal fees), resulting from or arising out of your act, default, or omission, whether in your use of our platform, campaign services, and/or any breach of these Terms or any laws or regulations.

12. OTHER IMPORTANT TERMS

    1. We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms.
    2. No joint venture, partnership, agency, or employment relationship has arisen by reason of these Terms.
    3. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, that will not mean that we have waived our rights against you.
    4. uTrending shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, internet outages, social media platform crashes, cyber-attacks, government restrictions, or pandemics.
    5. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

13. GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of Italy. Any disputes arising from your use of the platform shall be subject to the exclusive jurisdiction of the courts of Rome.