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INFLUENCER PORTAL TERMS OF USE AGREEMENT

1. PARTIES AND SUBJECT MATTER

This Terms of Use Agreement ("Agreement") has been concluded between Datapron Yazılım Reklam ve Internet Hizmetleri A.Ş ("Influencer Portal" or "Company") and the "Brand" receiving services via www.influencerportal.com (or its mobile application) and the content creator "Influencer" who is a member of the platform, in order to determine the conditions regarding the use of the platform. Every user registering on the platform declares that they have read, understood, and accepted the terms in this Agreement.

2. DEFINITIONS

  • Platform: Influencer Portal website and mobile applications.
  • Brand: The real or legal person creating a campaign to promote their products or services via the Platform.
  • Influencer (Content Creator): The person having a follower base on channels such as TikTok, Instagram, YouTube, who applies to Brand campaigns as a registered member of the platform.
  • Campaign: The promotional activity announced through the platform in line with the brief and concept determined by the Brand.

3. SCOPE OF SERVICE AND THE COMPANY'S STATUS

  • 3.1. Influencer Portal is an independent intermediary and hosting provider that brings Brands and Influencers together in a digital environment, enabling the publication of campaign requests and the matching of the parties.
  • 3.2. The Platform is not a party to the commercial or contractual relationship, business partnership, or payment processes established between the Brand and the Influencer. The Company solely provides the technical infrastructure for the parties to find each other.
  • 3.3. Brands create campaign briefs via the platform. Influencers apply to the campaigns they find suitable. Post-match communication, agreements, and commercial terms are at the parties' own discretion.

4. RIGHTS AND OBLIGATIONS OF THE BRAND

  • 4.1. The Brand is personally responsible for ensuring that the campaign images, logos, and requests uploaded to the platform comply with the law, public morals, and the intellectual property rights of third parties.
  • 4.2. The Brand is obliged to pay the agreed campaign fee to the Influencer in full, within the period and via the methods determined between them. The performance of this commercial relationship is entirely the Brand's responsibility.
  • 4.3. Influencer Portal provides the technical infrastructure for the provided service; however, it does not guarantee the ultimate sales return of the created campaign, the Influencer's performance, or the timely delivery of the content.

5. RIGHTS AND OBLIGATIONS OF THE INFLUENCER

  • 5.1. The Influencer agrees to produce content in accordance with the brief of the Brand they agreed with via the platform. The accounts of Influencers who are found to resort to fake/bot followers or fake engagement methods may be suspended or permanently closed by the Company without prior notice.
  • 5.2. Legal Compliance: The Influencer is obliged to comply with the T.R. Ministry of Trade's "Guidelines on Commercial Advertising and Unfair Commercial Practices by Social Media Influencers" in the content they share (use of necessary #collaboration, #ad tags, etc.). The Influencer is personally responsible for all administrative fines and sanctions arising from unlawful posts.

6. FINANCIAL PROVISIONS, PAYMENTS, AND DISCLAIMER OF LIABILITY (IMPORTANT)

  • 6.1. Platform Independence: The determination of the budget, advance payments, deposit of earnings, or sending of products (barter/sample) regarding the campaigns are carried out entirely between the Brand and the Influencer, outside the platform (externally). Influencer Portal does not provide any payment infrastructure, virtual POS, or secure pool (escrow) service.
  • 6.2. Exemption from Disputes: The Company cannot be held liable in any way for the Brand's failure to make the agreed payment, making it incompletely or late, or for the Influencer's failure to produce the content or producing it incompletely despite receiving the payment/product. The Parties cannot show Influencer Portal or Company officials as a party (addressee) in their commercial disputes, debt-credit lawsuits, or execution proceedings against each other.
  • 6.3. Taxation and Invoicing: All tax/accounting obligations such as invoicing, withholding tax, VAT declaration, etc., regarding the service fee between the Brand and the Influencer belong to the parties. Influencer Portal does not issue any invoice or receipt over the transaction amounts between the parties.
  • (Note: If you charge a monthly membership/listing fee to Brands or Influencers for using the platform, a sub-clause such as "The Platform Usage Fee is invoiced by the Company" can be added here. If the platform usage is completely free, it can remain as is.)

7. INTELLECTUAL PROPERTY RIGHTS

  • 7.1. All intellectual property rights over the Influencer Portal's software, design, brand, and database belong to the Company.
  • 7.2. The Parties (Brand and Influencer) agree that the campaign images or portfolio contents they share via the platform can be used free of charge by Influencer Portal as a reference within the scope of the platform's own promotion and marketing activities (on channels such as the website, social media, etc.).

8. TERMINATION OF THE AGREEMENT AND ACCOUNT DELETION

The Parties may terminate this Agreement at any time by closing their accounts. The accounts of users who violate platform rules (spamming, insulting, attempting fraud, promoting illegal products, etc.) shall be unilaterally terminated and closed by Influencer Portal.

9. DISPUTE RESOLUTION

Turkish Law shall apply in the resolution of any dispute that may arise from the implementation of this Agreement, and the Courts and Execution Offices of [e.g., Istanbul (Çağlayan)] shall have jurisdiction.

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