Terms of Service

Effective date: January 1, 2025
Legal entity: AF Technologies LLC, d/b/a BarterAI ("BarterAI", "we", "us", "our")
Address: 30 N Gould Street, Ste N, Sheridan, WY 82801, USA
Contact: [email protected]

1) Acceptance

These Terms govern your access to and use of BarterAI's websites, apps, and services (the "Service"). By creating an account, connecting a social account, or clicking "Accept", you agree to these Terms and our Privacy Policy. If you use the Service on behalf of a company, you represent you are authorized to bind that company, and "you" includes that company.

2) What BarterAI does

BarterAI helps creators and brands discover and complete collaborations (barter and paid), including applications, offers, product sampling/shipping, post verification, attribution, and payouts through third-party payment providers.

3) Accounts & eligibility

• You must be at least 13 years old (or the minimum age required in your country) and legally able to contract.
• Information you provide must be accurate and kept up to date.
• We may suspend or terminate accounts for policy, legal, safety, or fraud reasons.

4) Creator–brand deals

• Deals may be barter (goods/services) and/or paid. Deal terms are shown in the offer or campaign brief.
• For paid deals, funds may be held in escrow and released upon milestones (e.g., product delivered, post verified).
• Anti-circumvention: you agree not to bypass the Service to avoid fees for any deal initiated on BarterAI for 12 months after initial contact.
• Disputes between creator and brand may be handled per the campaign rules (redo, partial payout, cancellation). We may decide to release, reduce, or refund funds based on evidence and the applicable policy.

5) Fees, commissions & payouts

• Platform commissions, subscription fees, and rails fees (e.g., instant payout, shipping, escrow) are disclosed at checkout or offer acceptance.
• Payouts are processed by providers such as Stripe Connect. You must complete KYC; timing depends on verification and banking rails.
• We may set off chargebacks, refunds, unpaid fees, or fraud losses against amounts otherwise payable to you. You are responsible for any taxes arising from your earnings.

6) Shipping & logistics

• Where applicable, BarterAI or the brand may generate labels and tracking. You agree to provide accurate shipping details and to acknowledge receipt. Title and risk of loss pass per the brand's terms.

7) Content & license

• You retain ownership of your Content. By submitting or posting through the Service, you grant BarterAI a non-exclusive, worldwide, royalty-free license to host, store, transmit, display, and otherwise use the Content to operate the Service and the applicable deal.
• Any usage rights for brands (e.g., whitelisting, paid ads, paid usage beyond organic posting) must be expressly granted in the offer.
• You represent you have necessary rights to your Content and it does not infringe any third party rights.

8) Acceptable use

You will not:

• Violate laws or third-party platform terms (Instagram, TikTok, YouTube, etc.).
• Harass, spam, scrape, or reverse engineer the Service.
• Upload malware or content that is illegal, hateful, or infringing.
• Misrepresent metrics, fake followers/engagement, or otherwise commit fraud.

9) Third-party services & platforms

Connecting social accounts is optional but required for some campaigns. Your use of third-party services (e.g., Instagram, TikTok, Stripe, shipping carriers) is governed by their terms and policies. We are not responsible for them.

10) Privacy

Our Privacy Policy explains how we collect and use personal data. By using the Service, you consent to those practices.

11) Feedback

If you provide ideas or feedback, you grant us a perpetual, worldwide, royalty-free license to use them without restriction or compensation.

12) Beta features

We may label features as alpha/beta/preview. They are provided "as is," may change or end, and may have additional terms.

13) Termination

You may stop using the Service at any time. We may suspend or terminate access with or without notice if you violate these Terms or for risk/fraud/legal reasons. Upon termination, sections that by their nature should survive (fees owed, licenses to content already used, disclaimers, limitations, indemnities) will survive.

14) Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant uninterrupted or error-free operation, or specific results from campaigns.

15) Limitation of liability

To the maximum extent permitted by law, BarterAI and its affiliates will not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill. Our aggregate liability arising out of or relating to the Service will not exceed the greater of US$100 or the amounts you paid to us (or we paid to you in fees) in the 3 months preceding the claim.

16) Indemnity

You will defend, indemnify, and hold harmless BarterAI from claims, losses, and expenses (including reasonable attorneys' fees) arising out of your Content, your use of the Service, your deals, or your breach of these Terms or applicable laws.

17) Governing law & venue

These Terms are governed by the laws of Wyoming, USA, excluding conflicts principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Sheridan County, Wyoming, unless another forum is required by law.

18) Changes

We may modify these Terms. If we make material changes, we'll notify you (e.g., by email or in-app). Your continued use after changes take effect constitutes acceptance.

19) Miscellaneous

These Terms are the entire agreement between you and BarterAI regarding the Service and supersede prior agreements. You may not assign these Terms without our consent; we may assign them. If any provision is unenforceable, the rest remain in effect. Neither party is liable for delays due to events beyond reasonable control (force majeure). Electronic communications satisfy any legal requirement for written notices.

Contact: [email protected]

This document is a general template and not legal advice. Consider having counsel review before launch.