Terms of Service for Brands

For businesses and brands creating communities on InClub

Last Updated: October 31, 2024

These Terms of Service govern your use of InClub as a brand or business ("you" or "Brand") creating and managing communities on our platform.

A. Services

InClub provides a community-based social media platform that helps brands build and engage with their communities. Our services to Brands include:

Community creation and management tools
Shopify store integration for loyalty rewards
Social engagement features including posts, comments, and interactions
Customer engagement and loyalty tracking
Analytics and community insights
Collaboration tools for brand communities
Member management and moderation capabilities

Third-party features and integrations (including Shopify) are provided by those respective platforms and are excluded from InClub's responsibility. InClub retains no rights to user feedback provided for service improvement.

B. Brand Account Requirements

Eligibility: To create a Brand account on InClub, you must:

Be a legitimate business, brand, or authorized representative
Have the legal authority to bind the business to these terms
Be at least 18 years of age
Provide accurate business information
Comply with all applicable laws and regulations

C. Your Content and Community Management

You retain full ownership of all content you create and share on InClub, including:

Brand posts, announcements, and content
Images, videos, and marketing materials
Community guidelines and rules
Loyalty program terms and reward structures

By posting content on InClub, you grant us a limited, non-exclusive license to display, distribute, and process that content within the platform to provide our services.

Community Moderation Responsibilities: As a Brand, you are responsible for:

Moderating your community according to InClub's guidelines and your own community rules
Ensuring your community members comply with age requirements (16+)
Addressing inappropriate content or behavior in your community
Setting clear expectations for community engagement
Managing member permissions and access

Data Protection: We maintain comprehensive data backup and protection measures for your brand's content and community data, including:

Automated backups via cloud infrastructure with geographic redundancy
Regular recovery testing procedures
Multi-version maintenance for point-in-time restoration

D. Shopify Integration

If you connect your Shopify store to InClub:

You authorize InClub to access your Shopify store data necessary for integration
You are responsible for managing your Shopify account and permissions
You must comply with Shopify's Terms of Service
You control what customer data is shared with InClub
You are responsible for ensuring your use of customer data complies with privacy laws

E. Data Privacy and Customer Data

Your data and your customers' data are processed in accordance with our Privacy Policy, which is incorporated into these Terms by reference. We are committed to never sharing your data or your customers' data with third parties for marketing, advertising, or commercial purposes.

Your Responsibilities:

You must have the legal right to collect and process your customers' data
You must comply with all applicable privacy laws (GDPR, CCPA, Australian Privacy Act, etc.)
You must provide appropriate privacy notices to your customers
You are responsible for obtaining necessary consents from your customers
You must honor customer data deletion requests

You own all outputs and content generated through your use of our Services.

F. Brand Conduct and Restrictions

When using InClub, you must comply with all applicable laws and regulations. The following activities are strictly prohibited:

Illegal Activities:

Using the service for any illegal purposes
Storing, posting, or sharing illegal content
Violating any local, state, national, or international law
Facilitating illegal transactions or activities

Fraudulent or Deceptive Practices:

Misrepresenting your brand or business
Making false or misleading claims about products or services
Operating fraudulent loyalty or reward programs
Impersonating another brand or business

Platform Abuse:

Attempting to gain unauthorized access to systems, servers, or networks
Interfering with or disrupting the platform
Using automated systems or bots without authorization
Scraping or collecting platform data without permission
Using the platform to build a competing product or service

Harmful Content:

Promoting hate speech, violence, or discrimination
Allowing harassment or bullying in your community
Sharing content that violates others' intellectual property rights
Distributing spam or unwanted commercial messages

G. Intellectual Property

InClub retains all intellectual property rights in the platform, including software, patents, trademarks, trade secrets, and copyrights.

We grant you a limited, non-exclusive, non-transferable license to use InClub for its intended purpose while your account remains active and in good standing.

You retain all rights to your brand content, trademarks, and intellectual property. You grant InClub the necessary rights to display your content to your community members and operate the platform.

Brand Protection: You are responsible for protecting your own intellectual property. InClub will respond to valid intellectual property complaints according to applicable law.

H. Publicity

InClub may identify you as a customer publicly, including:

Displaying your brand name and logo on our website
Mentioning your use of InClub in marketing materials and case studies
Requesting quotes or testimonials in good faith
Requesting participation in co-marketing activities

You may revoke these publicity rights at any time by contacting us in writing at support@inclub.vip.

I. Fees and Payment

Pricing: InClub's pricing and payment terms will be communicated to you separately. By using paid features, you agree to pay all applicable fees.

Payment Terms:

Fees are charged according to your selected plan
Payment is due as specified in your agreement
You are responsible for all applicable taxes
Fees are generally non-refundable except as required by law

Disputes: Any payment disputes must be reported within 30 days of the charge.

J. Account Termination and Suspension

Termination by Either Party: Either you or InClub may terminate your account with 30 days' written notice.

Immediate Termination: InClub reserves the right to immediately suspend or terminate Brand accounts that:

Violate these Terms of Service
Engage in illegal activities or fraudulent practices
Fail to pay fees when due
Pose a security or safety risk
Allow violations of age restrictions in their communities
Abuse the platform or other users

Upon Termination:

Your access to the platform will be immediately revoked
Your brand data will remain accessible briefly for export and recovery purposes
After 90 days, your data may be permanently deleted from our systems
You may request immediate data export by contacting support

Data Export Rights: You have the right to export all of your brand data and community data at any time. You can:

Request data export through your account settings
Contact us at support@inclub.vip to request a complete data export
Receive your data in a machine-readable format

K. Warranties and Limitations of Liability

InClub services are provided "as is" without warranties of any kind, express or implied. We do not guarantee that:

The service will be uninterrupted, timely, secure, or error-free
All content will be accurate, reliable, or complete
The service will meet all your specific business requirements
Integration with third-party services will always function perfectly

Limitation of Liability:

InClub's liability is limited to direct damages only
Liability will not exceed the fees you have paid in the preceding 12 months
We are not liable for indirect, incidental, special, consequential, or punitive damages
This includes loss of profits, revenue, data, goodwill, or business opportunities

L. Indemnification

Your Indemnification: You agree to defend, indemnify, and hold InClub harmless against any third-party claims arising from:

Your use of the platform
Content you or your community members post
Your violation of these Terms of Service
Your violation of third-party rights, including intellectual property rights
Your violation of applicable laws or regulations
Your collection or use of customer data
Your loyalty programs or reward offerings

InClub's Indemnification: InClub will defend you against claims that our platform infringes on third-party intellectual property rights, subject to standard indemnification procedures.

M. Confidentiality

Both you and InClub agree to protect any confidential information shared between us with reasonable care and not to disclose it to third parties without consent.

Permitted Disclosures: Confidential information may be disclosed when:

Required by law, court order, or legal process
Necessary for employees or service providers to perform their duties
Required to protect rights, safety, or property

N. Disputes and Governing Law

These Terms of Service are governed by the laws of Australia.

Dispute Resolution: In the event of any dispute:

Both parties must attempt good-faith negotiation for 30 days
If negotiation fails, disputes may be resolved through appropriate legal channels
Disputes must be reported within 30 days of the issue arising

O. General Provisions

Modifications to Terms: InClub may modify these Terms of Service at any time. We will provide notice of material changes by:

Posting the updated Terms on this page
Updating the "Last Updated" date
Sending notification through the platform or via email for significant changes

Your continued use of InClub after changes constitutes acceptance of the modified Terms.

Assignment: InClub may assign these Terms during mergers, acquisitions, or business transfers. You may not assign your rights or obligations without our written consent.

Force Majeure: Neither party will be liable for failures to perform due to causes beyond reasonable control.

Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and InClub regarding use of the platform.

P. Contact Information

If you have any questions about these Terms of Service, please contact us:

Email: support@inclub.vip

Platform: InClub - The future of loyalty is community