Terms of Service

Last updated: 09/28/2025

1) Who we are & what these Terms cover

These Terms of Service (“Terms”) govern access to and use of the Marz technology platform, websites, dashboards, and related services (the “Services”) provided by Marz, Inc. (“Marz”, “we”, “our”, “us”). By creating an account or using the Services, you (“you”) agree to these Terms and to our Privacy Policy.

We provide two user types:

• “Brand”: a company or authorized representative that funds campaigns and contracts creators.
• “Creator”: an independent individual or entity that publishes branded content on their own social accounts.

If you use the Services on behalf of a company, you represent you’re authorized to bind that company.

2) Role of Marz (Digital Advertising Intermediary Platform)

Marz provides a technology platform that enables Brands to discover, contract, and pay independent Creators for branded content placements on third-party social networks. Marz is not an advertiser, agency, publisher, employer, or producer of content; we do not create, edit, endorse, or control Creator content and do not guarantee any commercial results or performance.

Brands and Creators are solely responsible for compliance with all applicable laws, advertising and consumer-protection rules, and third-party platform policies (e.g., native “paid partnership” tools, #ad/#sponsored tags, age-gating, restricted categories) in every jurisdiction where content is posted or accessible.

3) Eligibility & accounts

• Age: The Services are not directed to children under 13.
  • Creators 13–17 may use the Services only with verifiable parental/guardian consent (which we may request and verify) and must comply with age-related laws (e.g., COPPA/GDPR minor rules).
  • Brands must be 18+ and legally able to contract.
• You must provide accurate information and keep it up to date. You’re responsible for safeguarding your credentials; notify us of any unauthorized use.

4) Campaigns, Credits & Escrow

• Campaign Launch. A "Campaign Launch" occurs when Brand clicks the "Launch" action in the Marz campaign creation flow.
• Launch Fee and Creator Budget. Upon Campaign Launch, Marz charges the applicable upfront Service Fee based on the total Credits deposited for that campaign at the time of Launch and the pricing tier set out in Section 8. The Service Fee is earned upon Launch and is non refundable. The remaining balance of deposited Credits, after deduction of the Service Fee, becomes the campaign's Creator Budget and may only be refunded as described in Section 7.
• Credits. Brands pre-fund campaign budgets with “Credits” (1 Credit = US$1).
• On-hold (Escrow). When a Brand approves a Deal (a Creator offer/acceptance), the relevant Credits are placed on hold for that active Deal.
• Evidence export (anti-fraud & disputes). You authorize Marz to compile, preserve, and share evidentiary records (e.g., SOW/Deal details, approvals, logs, timestamps, IP/user-agent, screenshots) with payment processors, card networks, acquiring banks, and fraud vendors to prevent fraud and resolve disputes/chargebacks.
• No refunds for on-hold or used Credits. See Section 7.

5) Creator deliverables, disclosures & permanence

Creators agree to:
(a) produce content that follows the agreed brief/specifications;
(b) obtain final Brand approval before posting;
(c) publish on their own social account(s) by the agreed deadline;
(d) include required advertising disclosures and use each platform’s native tools where applicable (e.g., Paid Partnership, Branded Content toggles, #ad/#sponsored, or local equivalents);
(e) comply with the platform’s community/advertising rules and with all applicable laws;
(f) keep the post public, unedited, and accessible for a minimum of 30 calendar days after publication.

Verification. Marz may request links, screenshots, or perform automated/manual checks to verify (i) publication, (ii) disclosure, (iii) deadline compliance. Payout is expressly conditioned on passing this verification.

Early removal or restriction (including deletion, unlisting, geoblocking, age-gating contrary to the brief, or platform takedown for policy violations) within the 30-day period is a material breach and may trigger clawback of payouts, deal reversal, and removal from the Marz network.

6) Payouts to Creators

100% payout only after all conditions are met:
(i) final Brand approval; (ii) content published live on agreed account(s); (iii) on or before the agreed deadline; and (iv) proper disclosure is present and verifiable.
No split or upfront payments unless expressly stated in writing by Marz. Payments are typically disbursed promptly upon verification (net of Marz Service Fee). Marz may withhold, reverse, or claw back payouts for breach, fraud, or chargebacks.

Creators are independent contractors; they’re responsible for any taxes and filings. Marz may collect tax/payee forms and perform KYC checks.

7) Credits, refunds, withdrawals & chargebacks (Brands)

• Refundable amounts before Launch. If Brand deposits Credits but does not Launch a campaign, Brand may request a refund of unused Credits. Refunds will be processed net of payment processing fees, including Stripe fees, and any non reversible fees or taxes.
• Non refundable amounts after Launch. Upon Campaign Launch, the applicable Service Fee is earned and non refundable. Credits allocated to active Deals, Credits on hold, and Credits already released to Creators for published posts are non refundable.
• Refundable Creator Budget after Launch. After Campaign Launch, Brand may request a refund only of the unused portion of the Creator Budget that is not on hold and has not been released to Creators. Refunds are processed net of payment processing fees, including Stripe fees, and any non reversible fees or taxes.
• Chargebacks. Chargebacks or payment disputes on non refundable amounts are a material breach. You agree to reimburse disputed amounts determined valid, any chargeback or retrieval fees, and reasonable collection costs, and you authorize Marz to submit evidentiary records for dispute resolution.

8) Fees and billing (performance-aligned take rate)

Upfront Service Fee. Marz charges an upfront Service Fee at Campaign Launch. The applicable Service Fee is calculated based on the total Credits deposited for that campaign at the time of Launch and the tier below, unless otherwise agreed in writing.

- Lite: US$1,000 to US$5,000  - 30% upfront Service Fee

- Pro: US$5,000 to US$50,000  - 20% upfront Service Fee

- Enterprise: Above US$50,000  - Custom terms

Fee timing. The Service Fee is charged and earned upon Campaign Launch and is non refundable. Any refund rights apply only to the remaining unused Creator Budget as described in Section 7.

Pricing changes. Marz may update pricing and tiers from time to time. Changes apply prospectively and will be reflected in product or in the applicable order form or enterprise agreement.

9) Intellectual property & publicity rights

(a) Brand assets → license to Creator. Brand grants Creator a limited, non-exclusive, revocable license to use Brand’s names, logos, and assets solely to produce the approved Content. Brand warrants it owns or has rights to those assets and that they don’t infringe others’ rights.

(b) Creator content → assignment to Brand; license to Marz. Upon full payment release for a Deal, Creator assigns to Brand all right, title, and interest in and to the delivered Content worldwide, in perpetuity, on an exclusive basis, including copyrights and related rights, together with moral rights waivers to the fullest extent permitted by law.
Creator also grants Marz a perpetual, worldwide, royalty-free license (with right to sublicense to Brand) to host, display, reproduce, adapt, and use the Content for platform operation, case studies, portfolio, promotional materials, and product improvement.

(c) Clearances & model release. Creator represents they (i) created the Content; (ii) obtained all third-party clearances (music, fonts, footage, locations) and (iii) grant a name, image, voice, likeness release sufficient for Brand/Marz uses above.

10) Acceptable use & prohibited content

Users must not: violate laws; infringe IP or privacy rights; defame; harass; post hateful, obscene, or dangerous content; promote restricted products to minors; engage in fraud, spam, fake engagement, scraping, reverse engineering, or security breaches; or bypass the platform to avoid fees for Deals initiated on Marz.

Marz may remove content, withhold payouts, cancel Deals, or suspend/terminate accounts for violations.

11) Third-party platforms & legal compliance

All campaign content must comply with applicable platform rules (e.g., TikTok, Instagram, YouTube) and advertising laws (e.g., FTC Endorsement Guides, local equivalents). You must use native disclosure tools when available and add clear disclosures (e.g., #ad/#sponsored) as required. Marz may make compliance a payout condition.

12) Privacy

Your use of the Services is governed by our Privacy Policy, which explains what we collect, how we use it, and your rights.

13) Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY GUARANTEE OF RESULTS, REACH, SALES, OR ROAS.

14) Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) MARZ WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE/GOODWILL; (B) MARZ’S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO MARZ IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions don’t allow certain limits; those limits apply to the fullest extent permitted.

15) Indemnification

You will defend, indemnify, and hold harmless Marz and its affiliates, officers, directors, and employees from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your Content or assets; (ii) your breach of these Terms; (iii) your violation of laws or third-party rights; or (iv) your failure to comply with platform rules or disclosure obligations.

16) Suspension & termination

We may suspend or terminate your account or access to the Services at any time for any violation of these Terms, suspected fraud, non-payment, or to comply with law. You may close your account at any time (obligations for active Deals survive).

17) Changes to the Services or Terms

We may modify the Services and these Terms. If changes are material, we’ll provide notice (e.g., in-product or by email). Continued use after changes means you accept the updated Terms.

18) Governing law; arbitration; class action waiver

These Terms are governed by the laws of the State of Delaware (USA), excluding conflict-of-laws rules. Any dispute arising from or relating to these Terms or the Services will be resolved by binding arbitration administered by the AAA under its Commercial Arbitration Rules, on an individual basis in English, with the seat in Wilmington, Delaware (or remote by agreement). Class actions are waived. You and Marz each waive the right to a jury trial.
Consumer/EU rights. If you are a consumer with non-waivable rights under local law, this clause applies only to the extent permitted; otherwise, your mandatory rights remain unaffected.

19) Miscellaneous

Electronic signatures & records (ESIGN/UETA). You consent to conduct business electronically and agree that clickwrap acceptances, electronic signatures, versions/hashes, server logs, timestamps, IP addresses, user-agent strings, and screenshots are valid electronic records and signatures under ESIGN and UETA and constitute admissible business records.
Entire Agreement; Severability; No Waiver; Assignment (you may not assign without our consent; we may assign); Force Majeure; Notices (to your account email; to us at the address below).

Contact: support@go-marz.com | Marz Network Inc.