TERMs of service:

These Terms of Service for Users (this “Agreement”) are a binding contract between you and BRKR.IO, Inc., a Delaware corporation (the “Company,” “we,” “our,” or “us”). This Agreement governs your access to and use of the Platform and API.

This Agreement takes effect by accessing or using the Platform or API (the “Effective Date”). Please read this Agreement and make sure you understand it. If you do not understand this Agreement or do not accept any part of it, you may not use the Platform or API. By accepting this Agreement, you represent and warrant that you have the right, power, and authority to enter into this Agreement and, if you are entering into this Agreement for an organization, that you have the legal authority to bind that organization.
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1. OUR SERVICES
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We provide a communications and logistics platform that enables you and other entities seeking Campaign Services to be matched with third-party providers, such as Creators, interested in those services. You acknowledge that Creators are independent contractors of you and not of us. Additionally, we offer an extended service through the Breakr Campaign Partner Network (CPN), tailored for Users requiring advanced campaign management support. The CPN services include:

Campaign Creation Support: Facilitating the development and initiation of campaigns.
Development of Testing Methodologies: Crafting methodologies to test various campaign creative strategies.
‍Creator Engagement and Negotiation: Managing communications with creators, including sending offers, negotiating rates, and discussing creative content.
‍Content Review and Approval Processes‍Campaign Expansion Assistance: Providing guidance and support in expanding campaigns' scope and financial commitment.
‍Post Approval and Monitoring: Supervising and authorizing posts for campaigns, ensuring alignment with agreed-upon strategies.
‍Campaign Expansion Assistance: Providing guidance and support in expanding campaigns' scope and financial commitment.

The CPN comprises freelance campaign managers from our partners skilled in the Breakr platform and campaign management. These managers will offer unbiased recommendations and leverage our vast database of over 50 million creators to ensure diverse and effective campaign strategies.

By utilizing the CPN, you agree to the scope of services as described and acknowledge the role of these campaign managers as part of our extended service offering. The collaboration with CPN is designed to enhance your campaign experience while maintaining the quality and effectiveness of our platform services.
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1. YOUR INFORMATION
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Our data privacy policy at https://app.musicbreakr.com/privacypolicy (the “Privacy Policy”) explains how we treat the information you submit through the Platform or API. You represent and warrant that any information you provide will remain accurate and complete and that you will maintain and update such information as needed.

2. ACCESS AND USE OF PLATFORM AND API‍

Rights Granted to You. During the term of this Agreement, we hereby grant you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right for you and Authorized Users to access and use (a) the Platform to contract with Creators to provide Campaign Services and manage Campaigns, and (b) the API to develop your Applications that will communicate and interoperate with the Platform. The above rights and license are subject to you paying the Fees and complying with this Agreement.
Support. We provide customer support, free of charge, with the Platform to ensure a smooth experience. In addition, we offer a campaign management service via the Campaign Partner Network for an additional fee as outlined in the Fee Terms. Except as provided in Section 3.2, this Agreement does not entitle you to any support for the Platform or API. We may update or modify the API occasionally and require you to obtain and use the most recent version of the API.
Access Credentials. You are responsible for keeping your passwords, API Keys, and other access credentials confidential. You will promptly notify us about any unauthorized access to your access credentials. You must also obtain an API Key through the registration process available by request at anthony@musicbreakr.com to use and access the API, and the API Key must be your sole means of accessing the API.
Account Use. You are responsible and liable for all uses of the Platform or API resulting from your access, including for all acts and omissions of other Authorized Users. You will use reasonable efforts to ensure that Authorized Users comply with the provisions of this Agreement.
Your Applications. Concerning the API, you agree to monitor your Applications' use for any activity that violates applicable laws or any terms of this Agreement. You are solely responsible for all acts and omissions of your end users concerning their use of your Applications and the API. You are also solely responsible for posting privacy notices and obtaining consent from your end users as required under applicable law.
‍Monitoring. We may monitor, evaluate, and analyze your access to and use of the Platform and API. We may disclose information regarding your access to or use of the Platform and API and the circumstances surrounding that access and use to anyone for any reason or purpose in compliance with applicable law. You are responsible for any content, data, information, or other materials you post on or through the Platform or API, and you hereby authorize us to make such content, data, information, or other materials available in connection with Campaigns.
Third-Party Materials. Certain Platform or API functionality may provide access to Third-Party Materials or allow for the routing or transmission of Third-Party Materials, including via links. Such functionality directs us to access, route, or transmit the applicable Third-Party Materials to you. We neither control nor endorse, nor are we responsible for, any Third-Party Materials, and nothing in this Agreement will be deemed a representation or warranty by us concerning any Third-Party Materials. We have no obligation to monitor Third-Party Materials and may block or disable access to any Third-Party Materials through the Platform at any time. Your use of Third-Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third-Party Materials.‍
‍Rules of Conduct. You will not use the Platform or API for any purposes beyond the authorized purposes stated in this Agreement. In particular, you must not copy, modify, or create derivative works of any part of the Platform or API; reverse engineer or otherwise attempt to derive or gain access to any software component of the Platform or API; remove any proprietary notices from the Platform or API; use the Platform or API for any fraudulent or otherwise tortious or unlawful purpose, including any purpose that violates another person’s intellectual property right or other right; combine or integrate the Platform or API with any materials not authorized by us; design or permit your Applications to interfere with any of our communications to end users, consent screens, user settings, alerts, warning, or the like; transmit through or in connection with the Platform or API any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other potentially harmful computer code or program; use any robot, spider, site search/retrieval application, or other devices to retrieve, index, “scrape,” “data mine”, or otherwise gather Platform or API content, or reproduce or circumvent the navigational structure or presentation of the Platform or API, without our express prior written consent; use the API in any of your Applications to replicate or attempt to replace the user experience of the Platform; or attempt to cloak or conceal your identity or the identify of your Applications when requesting authorization to use the API.

2. OFFERS AND USE OF CREDITS.‍

As part of accessing and using the Platform, you can make offers to Creators for participation in Campaigns. Offers are the primary means of initial communication with a Creator on the Platform.

‍Credits: Offers are made by utilizing credits. Each credit represents one offer that can be sent to a Creator.
‍As part of accessing and using the Platform, you can make offers to Creators for participation in Campaigns. Offers are the primary means of initial communication with a Creator on the Platform.

‍Credits: Offers are made by utilizing credits. Each credit represents one offer that can be sent to a Creator.

‍Credit Allocation: Different account tiers come with various available credits each month. These credits are allocated to your account as follows:

‍Free Users: Receive a specified number of monthly credits suitable for limited campaign activities.

‍Pro Users: Are allocated a higher number of credits each month, reflecting the more active engagement typical of professional campaigns.

‍Enterprise Users: Enjoy unlimited credits each month, catering to the extensive campaign needs of enterprise-level operations.

‍Credit Usage: When you send an offer to a Creator, one credit is deducted from your monthly allotment. If the offer is declined or expires, the credit used for that offer is not refunded or returned to your monthly credit balance.

‍Credit Renewal: Credits are renewed at the beginning of each billing cycle. Unused credits do not roll over to the next month; your credit balance is reset to the full number of credits associated with your tier.

‍Additional Credits: Should you exhaust your monthly allocation of credits before the end of your billing cycle, you may have the option to purchase additional credits or wait until the next cycle begins for the credit balance to reset.

‍Non-Transferability: Credits are non-transferable and are intended solely for use within the account to which they are allocated.
Access Credentials. You are responsible for keeping your passwords, API Keys, and other access credentials confidential. You will promptly notify us about any unauthorized access to your access credentials. You must also obtain an API Key through the registration process available by request at anthony@musicbreakr.com to use and access the API, and the API Key must be your sole means of accessing the API.
Account Use. You are responsible and liable for all uses of the Platform or API resulting from your access, including for all acts and omissions of other Authorized Users. You will use reasonable efforts to ensure that Authorized Users comply with the provisions of this Agreement.
Marketing Compliance Policy
1. Compliance with Laws and Regulations: All marketing activities conducted through the Breakr platform must comply with applicable laws, rules, and regulations, including but not limited to:The United States Federal Trade Commission (FTC) guidelines governing endorsements and testimonials. Any other local, state, national, or international laws relevant to marketing and advertising.

‍2. Transparency and Disclosure To maintain transparency and trust: Users and affiliates are required to provide clear and conspicuous disclosure of their status as a paid affiliate, partner, or promoter in all marketing communications where such disclosure is required based on the type of promotion or contest you are participating in. It is your responsibility to understand all local, state, national, or international laws relevant to marketing and advertising and remain compliant.

‍3. Restricted Marketing Activities: Breakr prohibits marketing activities that involve or promote: False, misleading, or deceptive claims or content.Personal data or reports regulated under laws such as the Fair Credit Reporting Act (FCRA), including medical records, credit reports, and similar sensitive information.Advertisements or marketing that may violate ethical standards or be deemed inappropriate by Breakr's team.Content offering free or discounted services in a misleading way, or without a clear explanation of terms.Spam, bulk, or unsolicited marketing communications.

‍4. Responsibility for Marketing: Breakr users and affiliates are fully responsible for their marketing activities. Any violations of this policy may result in:Account suspension or termination.Legal action, where applicable, for damages or violations of laws or agreements. Breakr is simply a software that connects you with advertisers for a 10% finders fee; we do not manage your career or content; you are fully responsible for the offers you accept and the content you post on social media platforms.

‍5. Content Guidelines: All marketing materials must:Reflect accurate and honest representations of Breakr services, features, and benefits.Align with Breakr’s brand values and uphold the integrity of the platform.

‍6. Indemnification: Creators, affiliates, and users agree to indemnify, defend, and hold harmless Breakr, its clients, partners, and affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:Violations of this Marketing Policy.Failure to comply with applicable laws, regulations, or guidelines, including FTC disclosure requirements.Misleading, false, or deceptive marketing practices.Unauthorized use of personal data or sensitive information in marketing campaigns.This indemnification applies to all losses incurred by Breakr and its clients, including but not limited to reputational harm, financial penalties, or legal actions resulting from non-compliance by creators or affiliates.

‍7. Enforcement: Breakr reserves the right to monitor, review, and enforce compliance with this policy.
Your Applications. Concerning the API, you agree to monitor your Applications' use for any activity that violates applicable laws or any terms of this Agreement. You are solely responsible for all acts and omissions of your end users concerning their use of your Applications and the API. You are also solely responsible for posting privacy notices and obtaining consent from your end users as required under applicable law.
‍Monitoring. We may monitor, evaluate, and analyze your access to and use of the Platform and API. We may disclose information regarding your access to or use of the Platform and API and the circumstances surrounding that access and use to anyone for any reason or purpose in compliance with applicable law. You are responsible for any content, data, information, or other materials you post on or through the Platform or API, and you hereby authorize us to make such content, data, information, or other materials available in connection with Campaigns.
Third-Party Materials. Certain Platform or API functionality may provide access to Third-Party Materials or allow for the routing or transmission of Third-Party Materials, including via links. Such functionality directs us to access, route, or transmit the applicable Third-Party Materials to you. We neither control nor endorse, nor are we responsible for, any Third-Party Materials, and nothing in this Agreement will be deemed a representation or warranty by us concerning any Third-Party Materials. We have no obligation to monitor Third-Party Materials and may block or disable access to any Third-Party Materials through the Platform at any time. Your use of Third-Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third-Party Materials.‍
‍Rules of Conduct. You will not use the Platform or API for any purposes beyond the authorized purposes stated in this Agreement. In particular, you must not copy, modify, or create derivative works of any part of the Platform or API; reverse engineer or otherwise attempt to derive or gain access to any software component of the Platform or API; remove any proprietary notices from the Platform or API; use the Platform or API for any fraudulent or otherwise tortious or unlawful purpose, including any purpose that violates another person’s intellectual property right or other right; combine or integrate the Platform or API with any materials not authorized by us; design or permit your Applications to interfere with any of our communications to end users, consent screens, user settings, alerts, warning, or the like; transmit through or in connection with the Platform or API any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other potentially harmful computer code or program; use any robot, spider, site search/retrieval application, or other devices to retrieve, index, “scrape,” “data mine”, or otherwise gather Platform or API content, or reproduce or circumvent the navigational structure or presentation of the Platform or API, without our express prior written consent; use the API in any of your Applications to replicate or attempt to replace the user experience of the Platform; or attempt to cloak or conceal your identity or the identify of your Applications when requesting authorization to use the API.

Data Deletion & Privacy