TERMS OF USE

Last Update: August 19, 2026

These Brand Terms of Use constitute a legally binding agreement made between you, acting on behalf of [CLIENT_LEGAL_NAME] ("you" or the "Brand"), and [COMPANY_LEGAL_NAME] (the "Company", "OpenWild", "we", "us" or "our"), concerning your access to and use of our web platform OpenWild available at https://openwild.ai (as well as any related sub-domain, website, web application, media channel or mobile website related, linked or otherwise connected thereto), including the services offered on such platform (hereinafter collectively the "Platform"). You agree that by accessing the Platform you have read, understood and agree to be bound by all of these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The materials contained in the Platform are protected by applicable copyright and trademark law.

Accepting these Terms creates an important legal agreement between you and the Company with legal consequences. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OR ACCESSING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.

PLATFORM OWNER

1. The Platform is owned and operated by [COMPANY_LEGAL_NAME], a company established at [REGISTERED_ADDRESS].

Company contact data is as follows;

E-mail: [email protected]

2. OpenWild is a web-based user-generated content ("UGC") and influencer campaign marketplace operated by the Company. Brands publish reward-based content campaigns and fund the corresponding reward pool in advance; Creators join those campaigns, produce content in accordance with the campaign brief and publish it on their own social media accounts; the Platform automatically monitors the performance metrics of the published content through the official interfaces of the relevant social networks and, where the campaign target is reached, initiates the reward allocation process. OpenWild provides the technical infrastructure only; it is not the producer, commissioner or owner of the content, is not an advertising agency and is not a party to the advertising relationship between you and any Creator. As the owner of the Platform, we reserve the right to change, modify or remove the contents of the Platform at any time or for any reason at our sole discretion. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Platform, save in respect of amounts held in your wallet or in a reward pool.

3. The Platform enables Brands to create and fund campaigns, to publish them on the OpenWild marketplace, to review and approve or reject the claims generated in respect of those campaigns, to manage brand assets, and to use artificial-intelligence assisted tools when preparing campaign briefs and visual materials. Any such service or services offered by OpenWild are referred to in these Terms as the Service(s).

PLATFORM REGISTRATION

1. To access and use the Services described herein you must register for a business account ("Account"). To complete your Account registration you must provide your business e-mail address, a password, your company name, website, description, logo and your billing and tax details (legal name, tax number, country, address, city and postal code), and any other information indicated as required, and you must verify your e-mail address. Third-party registration options are not currently offered; any such option made available in the future will be communicated within the Platform.

2. Because the Account is a business account, OpenWild may ask you to provide supporting documentation to verify your identity, the legal existence of your organisation, your authority to represent it and, where you use a third-party trademark or brand name, your entitlement to do so. Outside Türkiye, verification is carried out through the business verification mechanism provided by Stripe. OpenWild will determine the required verification method at its reasonable discretion and may suspend an Account or withhold publication of a campaign until verification is completed.

3. You may not use the Platform and may not accept these Terms if (a) you are not of legal age or otherwise not legally competent to form a binding contract with the Company, or (b) you are under eighteen (18) years of age or under the age of majority in the jurisdiction in which you reside and from which you use the Services to open an Account, or (c) you are a person barred from using the Platform under applicable law, including the law of the country in which you are resident or from which you use the Platform, or under any sanctions regime applicable to the Company or its payment service providers.

4. Only one person can be the "Business Account Owner", usually the person signing up for the OpenWild Service. The Business Account Owner is responsible for the Account, is bound by these Terms and is responsible for the acts and omissions of any person who accesses the Account. You must keep your credentials confidential, must not share them with any person who is not authorised by you, and must notify us promptly of any suspected unauthorised access.

5. If you are using the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity). You confirm that you are receiving any Services provided by OpenWild for the purposes of carrying on a business activity and not for any personal, household, or family purpose.

6. You acknowledge that we will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must monitor the Primary Email Address you provide to OpenWild and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with OpenWild can only be authenticated if they come from your Primary Email Address.

7. You are responsible for keeping your password secure. OpenWild cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. We may request additional security measures at any time and reserve the right to adjust these requirements at our discretion.

8. If we terminate or suspend your account for any reason, 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, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. As a result of your Platform registration, we may send you certain notifications or communications in connection with your use of the Platform (e.g., in order to verify user identity). These notifications and/or communications may be sent to the email or phone number registered to the Platform.

10. The Platform gives you the option to delete your Account. Deleting your Account will stop all services you receive on the Platform and will delete the data you have uploaded to the Platform, subject to the retention periods set out in the Privacy Policy. You may not delete your Account while a campaign published by you is still running or while a claim or dispute relating to your campaign is outstanding. Any balance remaining in your wallet at the date of deletion will be dealt with in accordance with the section titled "Wallet, Reward Pool and Payments" below. Content submitted by Creators in respect of your completed campaigns, and the records relating to those campaigns, are retained for the periods required by applicable tax and limitation legislation. Once you delete your Account, there is no going back. Please be certain.

11. In case someone else claims that the relevant account belongs to them, OpenWild has the right and authority to suspend the account until the dispute is resolved, to request additional information and documents from the parties to prove that the business belongs to them, and to decide, at its sole discretion, that it does not belong to one or the other party or to anyone at all. OpenWild reserves the right to determine, in our sole discretion, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful owner, without prejudice to our other rights and remedies, OpenWild reserves the right to temporarily suspend or disable an Account until a resolution has been determined between the disputing parties.

OPENWILD RIGHTS AND OBLIGATIONS

The Services have a range of features and functionalities. Not all Services or features will be available to all Brands at all times and we are under no obligation to make any Services or features available in any jurisdiction. Except where prohibited in these Terms of Use or by applicable law, we reserve the right to modify the Services or any part thereof for any reason, without notice and at any time.

We reserve the right to provide our Services to your competitors and make no promise of exclusivity. You further acknowledge and agree that OpenWild employees and contractors may also be OpenWild Members and that they may compete with you, although they may not use your Confidential Information in doing so.

OpenWild reviews campaigns before publication for the limited purpose of screening out unlawful or manifestly inappropriate content, and either approves and publishes the campaign on the marketplace or rejects it and does not publish it. That review is limited to that purpose: OpenWild does not otherwise intervene in the content, targets, reward amount or commercial terms of your campaign, does not verify the accuracy of the statements you make in your campaign brief, and its approval does not constitute an endorsement or an approval for the purposes of advertising, consumer protection or sector-specific regulation, for which you remain solely responsible. OpenWild does not pre-screen Creator submissions and it is in our reasonable discretion to refuse or remove any Materials from any part of the Services where they violate these Terms, the Acceptable Use Policy or applicable law.

From time to time, OpenWild may, in its sole discretion, invite you to use, on a trial basis, pre-release or beta features that are in development and not yet available to all merchants (“Beta Services”). Beta Services are not part of the Services, and Beta Services may be subject to additional terms and conditions, which OpenWild will provide to you. Such Beta Services and all associated conversations and materials relating thereto will be considered OpenWild Confidential Information and subject to the confidentiality provisions in this Brand Terms of Use. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Beta Services without OpenWild’s prior written consent. OpenWild makes no representations or warranties that the Beta Services will function. OpenWild may discontinue the Beta Services at any time in its sole discretion. OpenWild will have no liability for any harm or damage arising out of or in connection with a Beta Service. The Beta Services may not work in the same way as a final version. OpenWild may change or not release a final or commercial version of a Beta Service in our sole discretion

BRAND MEMBERS RIGHTS AND RESPONSIBILITIES

You may not use the OpenWild Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws applicable to you in the jurisdiction of the audience you target, or the laws of the Republic of Türkiye. You will comply with all applicable laws, rules, and regulations (including but not limited to obtaining and complying with the requirements of any license or permit that may be necessary to operate your business or that may be held by you) in your use of the Service and your performance of obligations under this Terms of Use.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Services, or access to the Services without the express written permission of OpenWild.

You agree not to work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services or decompile, disassemble, or otherwise reverse engineer the Services.

You agree not to access the Services or monitor any material or information from the Services using any robot, spider, scraper, or other automated means.

OpenWild offers Brands access to the following features, subject to these Terms and the Acceptable Use Policy;

Campaign creation: You may create a campaign specifying the brief, the content requirements, the eligible social networks, the objective performance target (such as a number of views, likes or comments), the reward amount and the campaign period, and may fund it from your wallet.

Marketplace publication: Following OpenWild's review, your campaign is published on the marketplace and becomes visible to Creators.

Brand assets: You may upload brand assets (logos, images, videos and other materials) for Creators to use in campaign content, or generate them using the artificial-intelligence tools.

Submissions and claims: You may review the submissions made to your campaigns and the performance statistics retrieved automatically by the Platform, and may approve or reject the claims generated automatically when a target is reached.

Reward distribution: Rewards which you have funded are released to Creators through the Platform in accordance with the section titled "Wallet, Reward Pool and Payments" below.

CAMPAIGNS

1. You are solely responsible for the content of your campaign brief, for its accuracy, for its compliance with applicable advertising, competition, consumer protection and sector-specific legislation, and for ensuring that the criteria on which you will assess compliance are objective, specific and capable of being applied by a Creator. A criterion which is not set out in the campaign brief may not be relied upon by you when rejecting a claim.

2. Once a Creator has joined your campaign you may not unilaterally amend the brief, the target, the reward amount or the campaign period in a manner which is to the detriment of that Creator.

3. You may cancel a campaign only where no Creator has yet joined it. Where a campaign is cancelled in accordance with this paragraph the amount held in the reward pool is returned to your wallet.

4. The Platform is designed around objective, metric-based campaign terms. You may not upload separate contracts or terms of business, or otherwise impose on Creators conditions which are not contained in the campaign brief published on the Platform, and any such document or condition shall have no effect as between the parties for the purposes of the Platform processes described in these Terms.

5. You grant OpenWild and the Creators who join your campaign a non-exclusive, royalty-free licence to use the brand assets you upload, for the sole purpose of producing, submitting and reviewing content for that campaign. You represent and warrant that you hold all rights necessary to grant that licence and that the brand assets do not infringe any third-party right.

6. Where you generate campaign material using the artificial-intelligence tools offered on the Platform, that material is marked as artificial-intelligence generated within the Platform, and you remain responsible for any labelling or disclosure obligation applicable when it is published outside the Platform. The prompts, reference materials and outputs are not used for the training or fine-tuning of artificial-intelligence models by our providers. Your use of these tools is additionally subject to the applicable usage policies of the relevant artificial-intelligence service providers.

WALLET, REWARD POOL AND PAYMENTS

1. You fund your Account by topping up your wallet. Top-ups are processed by Stripe; card details are collected directly by Stripe and are not stored by OpenWild. Amounts held in your wallet do not bear interest and do not constitute a deposit.

2. When you create a campaign the total reward amount for that campaign is deducted from your wallet and held by OpenWild in a reward pool for the duration of the campaign. Amounts held in the reward pool are held for the purpose of settling rewards which accrue under that campaign and may not be withdrawn by you while the campaign, or any claim or dispute arising under it, remains outstanding.

3. The Platform checks, at regular intervals, the performance metrics of the content submitted to your campaign through the official interfaces of the relevant social networks. Where the objective target published in the campaign is reached, the Platform automatically generates a claim. You do not verify whether the target has been reached; this is determined automatically by the Platform.

4. A claim is submitted to you for approval. You assess only whether the content complies with the campaign brief. Where you approve the claim, the reward is released from the reward pool to the Creator. Where you reject the claim, you must select the criterion in the campaign brief on which the rejection is based and provide a detailed reason; a rejection which does not comply with this requirement may be disregarded. You must respond to a claim within seventy-two (72) hours; where you do not, the claim is deemed approved and the reward is released.

5. A rejection automatically opens a dispute in which the Creator may object. The parties have forty-eight (48) hours from the opening of the dispute to reach agreement. Where the parties do not reach agreement within that period, OpenWild will review the dispute and decide, on the basis of the objective criteria published in the campaign brief and of the content submitted, whether the reward is released to the Creator or returned to your wallet. That determination is limited to the release or return of the amount held; it is not an arbitral award, does not determine any other claim between you and the Creator, does not prevent either party from pursuing its rights before the competent courts, and OpenWild assumes no liability towards either party in respect of it.

6. OpenWild charges the fees notified to you within the Platform. Fees are exclusive of value added tax and any other applicable tax, which you shall pay in addition where applicable.

7. You may request the withdrawal of any unallocated balance in your wallet, subject to the completion of any verification required by us or by our payment service provider and to the deduction of any fee or amount due. Amounts held in a reward pool are not withdrawable while the relevant campaign, claim or dispute is outstanding.

8. Where a top-up is reversed, charged back or otherwise recalled after a reward has been released, you shall reimburse OpenWild for the amount concerned and OpenWild may suspend your Account until reimbursement is made.

BRAND MEMBER MATERIALS

The Platform may invite you to create campaigns, upload brand assets and participate in the other features of the Platform, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, reviews or personal information or other material (collectively, "Materials") through various channels. Materials may be viewable by other users of the Platform. As such, any Materials you transmit may be treated as non-confidential and non-proprietary unless you mark them as private and send them specifically and only to us using the contact information provided above.

If you provide feedback or suggestions about our Platform or any services, then we (and those we allow) may use such information without any obligation to you.

When you create or make available any Materials, you thereby represent and warrant that:

You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other Users of the Platform to use your Materials in any manner contemplated by the Platform and this Terms of Use.

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Materials do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

You have the written consent, release, and/or permission of each and every identifiable individual person in your Materials to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Materials in any manner contemplated by the Platform and this Terms of Use.

Your Materials do not violate the privacy or publicity rights of any third party.

Your Materials do not violate any applicable law, regulation, or rule.

Your Materials are not false, inaccurate, or misleading.

ACCEPTABLE USE AND CONDUCT POLICY

As a Brand, you hereby expressly agree and warrant that any Material shall not violate the rights of any third-party individuals and in particular shall not violate the following terms and principles (“Prohibitions”).

With regard to Materials, you hereby warrant that you shall comply with the following Prohibitions;

Your Materials are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, junk mail, mass mailings, contests, sweepstakes or any other forms of solicitation.

Your Materials are not obscene, lewd, lascivious, pornographic, filthy, violent, harassing, tortious, bullying, libelous, slanderous, defamatory, or otherwise objectionable (as determined by us).

Your Materials do not ridicule, mock, disparage, intimidate, bully or abuse anyone.

Your Materials are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people and poses or creates no privacy or security risk to any person;

Your Materials do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

Your Materials do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

Your Materials do not include any offensive, hateful or discriminatory comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

You will not access the Platform through automated or non-human means or use machine-generated user identities, whether through a bot, script or otherwise.

You will not use the Platform for any illegal or unauthorized purpose; and

Your Materials do not otherwise violate, or link to material that violates, any provision of this Terms of Use, or any applicable law or regulation.

You will not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.

Except as may be the result of standard search engine or Internet browser usage; use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.

You will not interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform.

Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.

impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or

You will not use any Member personal data or OpenWild Member Content shared with you by such member in any manner inconsistent with the consent of the sharing Member and in any way which may be deemed illegal under any applicable law.

You will not attempt to reverse-engineer, de-anonymise, or re-identify any individual from aggregated or anonymised statistical outputs provided by the Platform, or combine such outputs with other data sources for the purpose of identifying individual Members or respondents.

You will not instruct, encourage or reward a Creator to generate, purchase or procure artificial views, likes, comments, shares or followers, or to use bots, automation, engagement pods, click farms or paid traffic in order to reach a campaign target.

You will not require a Creator to publish content which does not disclose its commercial nature, or which conceals your identity as the advertiser, where disclosure is required by applicable law or by the rules of the relevant social network.

You will not use the Platform to solicit Creators for engagements outside the Platform in order to circumvent the applicable fee, or to recruit Creators for purposes unrelated to a campaign published on the Platform.

You will not request from a Creator, or collect through a campaign, any special category of personal data, identity document, financial account detail or other sensitive information.

You will not create a campaign for, or promote through a campaign, any product or service which you are not lawfully entitled to advertise, including where a licence, authorisation or age-gating requirement applies and has not been obtained.

You will not use the Materials made by other Members of the Platform in any obscene, lewd, lascivious, pornographic, filthy, violent, harassing, tortious, bullying, libelous, slanderous, defamatory, or otherwise objectionable (as determined by us) manner and you shall not use such Materials made available by other Members of the Platform to ridicule, mock, disparage, intimidate, bully or abuse them or other Members.

For the avoidance of doubt, you may not use any personal information provided by another Member and accessible by you for any purpose without the express consent of the relevant Member.

You hereby also agree as part of the Prohibitions, to not use the Platform to create or upload and/or transmit (or attempt to upload or to transmit) any content that;

you do not have a right to upload under any law or under contractual or fiduciary relationships;

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose the Company or its Members to any harm or liability of any type; or

harvest or collect email addresses; physical addresses, or other contact information of other Members from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or

advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; or

further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform.

attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.

viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.

any material that acts as a passive or active information collection or transmission mechanism.

Any use of the Platform in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your right to use the Platform.

The Company reserves the right to investigate and take appropriate legal action against anyone who, at the Company’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account and application(s) of such violators and reporting you to the law enforcement authorities.

Notwithstanding the foregoing, OpenWild has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, or other information, of anyone posting or distributing any Material on or through the Platform. We also reserve the right to access, review, monitor, display, read, preserve, store, and disclose any information and any Material as we reasonably believe is necessary. Please note that we may, upon request by another User or at our discretion, report Material as well as any information we have on such User to law enforcement officials in any relevant jurisdiction for criminal prosecution if we believe that Materials are in violation of applicable laws, these Terms or the best interest of any other User.

7. OpenWild reserves the right, without prior notice, to: (a) make all or part of the Services subject to a fee; (b) add new services or make existing services available on a paid basis; (c) change, modify, disable, or discontinue all or part of the Platform, including its content, services, visual design, and other elements; or (d) discontinue the publication of the Platform entirely. OpenWild shall have no liability to Users or any third party for any such modification, price change, suspension, or discontinuance.

8. All responsibility for communications conducted between Users through the Platform belongs to the respective parties. OpenWild makes no commitment and assumes no liability to the parties involved in any communication, connection, or data traffic regarding data security or malicious conduct. OpenWild is not a party to any communication between Users and does not monitor or control such communications.

MATERIALS LICENSE ISSUED TO THE COMPANY BY MEMBER

We do not claim ownership of the Materials you provide to OpenWild; however, we require a licence to those Materials. By posting your Materials to any part of the Platform you grant us, and you represent and warrant that you have the right to grant us, a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, reproduce, display, communicate and distribute those Materials for the purposes of operating the Platform, publishing your campaign, making the brand assets available to participating Creators, and resolving disputes. You additionally grant us a non-exclusive, royalty-free licence to use your company name and logo in order to identify you as a customer in our marketing materials and on our website; you may withdraw this marketing licence at any time by notice to [email protected].

To the extent permitted by applicable law, you waive all moral rights you may have in the Materials. Where such waiver is not permitted by law, you agree not to enforce such moral rights against OpenWild in connection with its exercise of the license granted under these Terms.

The licences granted above apply to any form, media or technology now known or hereafter developed, and are limited to the purposes stated. They terminate when the relevant Materials are removed from the Platform, save to the extent that retention is required in order to resolve a dispute, to comply with a legal obligation or in respect of copies held in routine back-ups.

We are not liable for any statements or representations in your Materials provided by you in any area on the Platform. You are solely responsible for your Materials to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Materials.

We have the right, in our sole and absolute discretion;

to edit, redact, or otherwise change any Materials;

to re-categorize any Materials to place them in more appropriate locations on the Platform; and

to pre-screen or delete any Materials at any time and for any reason, without notice.

We have no obligation to monitor your Materials.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, Platform designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

You agree that any variations or misspellings of the OpenWild Marks would be considered confusing with the OpenWild Marks.

You agree not to purchase, register, or use search engine or other pay-per-click keywords (such as Google Ads), trademarks, email addresses, social media names, or domain names (including without limitation top-level domains, sub-domains, and page URLs) that use or include OpenWild or OpenWild Marks or that use or include any terms that may be confusing with the OpenWild Marks.

The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

All intellectual and industrial property rights of the Platform belong to the Company. Users are granted a limited, non-exclusive, non-transferable, revocable license to use the Platform software solely for personal use within the scope of the Platform’s intended purpose. No other license, financial right, or permission is granted to Users beyond this limited license.

The rights which you obtain in respect of content produced by a Creator under your campaign are those set out in the campaign brief. Unless the campaign brief expressly provides otherwise, you obtain a worldwide, non-exclusive, royalty-free licence, for a period of twelve (12) months from payment of the reward, to use, reproduce, distribute and display that content for your own marketing purposes on your own channels, together with the right to promote (boost) the content on the social network on which it was published. Any broader right, including exclusivity, assignment of rights, use in paid media outside the relevant social network, or unlimited duration, must be expressly agreed in the campaign brief and may require the payment of additional consideration. You must not use Creator content in a manner which is defamatory or which suggests that the Creator endorses a product or statement which was not part of the campaign, and you must respect the moral rights of the Creator to the extent that they are not waived under applicable law.

CONFIDENTIALITY

Our communications to you and our Platform may contain the Company confidential information. The Company confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without the Company's prior written consent.

The Company confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose the Company confidential information only when compelled to do so by law if you provide us reasonable prior notice unless a court of applicable jurisdiction orders that we not receive notice.

PLATFORM PRIVACY AND TRACKING, INTERNET COOKIES POLICY

We care about data privacy and security. The use of this Platform and any of its forms and registered services requires the processing of Brand, Creator and User data, with the Company acting as data controller in respect of the processing described in the Privacy Policy, for purposes which include the provision of the Platform and the services, the publication and verification of campaigns, the allocation and payment of rewards, the collection of access data and the sending of transactional notifications. For more information and for data protection rights, please review our Privacy Policy available at here.

Our Platform uses first-party cookies which are strictly necessary for authentication, session management and security, together with certain functional cookies. We do not use third-party analytics or advertising cookies. Third-party cookies are set only on pages where external content is embedded, namely the Stripe payment element and social media post embeds. Please read our Cookie Notice carefully; it is available at here.

By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised that the Platform application and database are hosted on servers located in Türkiye and that personal data is transferred abroad through our service providers as described in the Privacy Policy.

We also provide access to, or transfer, personal data at your written request, provided that we are not legally restricted from doing so. Please address your request to [email protected]. Where you process the personal data of Creators which you obtain through the Platform for your own purposes, you act as an independent data controller in respect of that processing and you are responsible for complying with the applicable data protection legislation, including the provision of information to data subjects and the establishment of a lawful basis.

SPECIAL NOTICE FOR INTERNATIONAL USE AND EXPORT CONTROLS

1. The Company is established in and performs its business in accordance with the laws of [COUNTRY_OF_ESTABLISHMENT]. Recognizing the global nature of the Internet, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable to their use of the Platform and the Company services, including as it concerns online conduct, acceptable content, advertising disclosure and taxation.

2. You represent and warrant that neither you nor any person who controls you is located in, or is a national or resident of, a country which is subject to an embargo or comprehensive sanctions applicable to the Company or to its payment service providers, and that you are not listed on any applicable list of prohibited or restricted parties.

DISCLAIMER

1. OpenWild does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Platform or otherwise relating to such materials or on any Platforms linked to this Platform.

2. Although we perform regular routine backups of data, you, as a Member, are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

3. The materials appearing on the Platform could include technical, typographical, or photographic errors. OpenWild does not warrant that any of the materials on its Platform are accurate, complete, or current. Although OpenWild may make changes at any time without notice, OpenWild does not commit to updating said materials; however, we reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.

4. We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

5. Members shall be solely responsible to OpenWild for any violation of the acceptable use and conduct policy. OpenWild is not responsible for or required to monitor any User Content; however, OpenWild reserves the right to review, remove, or restrict access to any User Content at its sole discretion.

6. The performance metrics displayed on the Platform are obtained from the official interfaces of the relevant social networks. OpenWild does not guarantee the accuracy, completeness, availability or continuity of those metrics or of the interfaces through which they are obtained, and is not liable where a social network restricts, delays, discontinues or retrospectively adjusts them. Where a social network retrospectively adjusts a metric after a reward has been released, the reward is not reversed.

7. OpenWild does not warrant that any campaign will attract Creators, that any particular reach, engagement or commercial result will be achieved, or that any content produced under a campaign will comply with your expectations beyond the objective criteria published in the campaign brief.

8. TO SUMMARIZE, THE PLATFORM IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES. USE OF OPENWILD SERVICES IS AT YOUR OWN RISK. OPENWILD MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS SUPPLIERS AND RESELLERS HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS, WITH REGARD TO THE PLATFORM, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

9. THE COMPANY (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE PLATFORM IS ACCURATE, RELIABLE, OR CORRECT; THAT THE PLATFORM WILL MEET MEMBER'S REQUIREMENTS; THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.

10. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATION OF LIABILITY AND INDEMNIFICATION

1. TO THE EXTENT PERMITTED BY LAW, WE OR OUR DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPENWILD'S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE GREATER OF (I) THE FEES PAID BY YOU TO OPENWILD IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (II) THE AMOUNT THEN HELD BY OPENWILD IN YOUR WALLET AND IN THE REWARD POOLS OF YOUR CAMPAIGNS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

3. IN ALL CASES, OPENWILD AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

4. You shall indemnify and hold harmless OpenWild against any claim, loss, damage, cost or expense (including reasonable legal fees) arising out of or in connection with (i) your campaign brief or the products or services promoted through it, (ii) the brand assets you upload, (iii) your use of content produced by a Creator beyond the licence granted to you, (iv) your breach of any advertising, consumer protection, competition or data protection legislation, or (v) your breach of these Terms or of the Acceptable Use Policy.

MODIFICATIONS TO TERMS OF USE

1. OpenWild may revise these Terms from time to time. We will notify you of any material change through the Platform or by e-mail to your Primary Email Address at least thirty (30) days before the change takes effect. Your continued use of the Platform after the effective date constitutes your acceptance of the updated Terms; campaigns which are already running continue to be governed by the version in force when they were published.

2. Supplemental Terms of Use or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

3. We will notify you of any material changes to these Terms via the Platform or by email prior to the changes taking effect. Your continued use of the Platform following such notice constitutes your acceptance of the updated Terms.

GOVERNING LAW AND SETTLEMENT OF DISPUTES

THESE TERMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF the Republic of Türkiye, AND THE COURTS AND EXECUTION OFFICES OF İstanbul (Çağlayan) courts and execution offices SHALL HAVE EXCLUSIVE JURISDICTION.

TERMINATION

1. These Terms of Use shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

2. OpenWild has adopted a policy of terminating, in appropriate circumstances and at its reasonable discretion, the access to the Platform of Members who are deemed to be repeat infringers of copyright or other intellectual property rights. A rightholder who considers that content on the Platform infringes its rights may submit a notice to [email protected] identifying the content and the right infringed; we will assess the notice and, where appropriate, remove or disable access to the content and notify the Member concerned, who may submit a counter-notice.

GENERAL PROVISIONS

1. These Terms of Use were contracted in the English language. If OpenWild provides a translation of the Terms of Use, it does so for your convenience only and the English Terms of Use shall solely govern the relationship between OpenWild and Members and Users. Accordingly, if there is a discrepancy between the English language version and other translations of these Terms of Use, the English version shall prevail.

2. The Terms of Use do not create any third-party beneficiary rights or any agency, partnership, or joint venture between OpenWild and its Members or Users.

3. Nothing in the Terms of Use will limit either party's ability to seek injunctive relief.

4. If you do not comply with the Terms of Use and OpenWild does not take action right away, this does not mean that OpenWild is giving up any rights that it may have (such as taking action in the future).

5. If it turns out that a particular provision contained in this Terms of Use or any annexes thereof is determined to be unlawful, void, or otherwise unenforceable, such provision or part of the provision is deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

6. These Terms of Use operate to the fullest extent permissible by law and represent the entire agreement between you and the Company relating to its subject and supersede any prior or contemporaneous agreements on the subject matter.

7. Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and/or through notification on the Platform, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

8. We, as OpenWild, may assign any or all of our rights and obligations to others at any time.

9. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

10. Any notification sent by OpenWild to the e-mail address or phone number registered by the User on the Platform shall have the same legal effect as a formal notification. All general announcements made by OpenWild on the Platform or its website shall also constitute valid notice to all Users.

11. In any dispute arising from the use of the Platform and Services, OpenWild's books and computer records, including communication and audit logs, as well as e-mails and other notifications sent by OpenWild to Members, shall constitute evidence within the meaning of the applicable rules of civil procedure, without prejudice to the right of either party to adduce evidence to the contrary.

CONTACT INFORMATION

For any questions regarding these Terms of Use, please contact us at [email protected].