Terms of Service

1. Introduction

Pactly, Inc., a Delaware corporation, with registered address at 131 Continental Dr, Suite 305, Newark, Delaware 19713, United States (hereinafter, "Pactly") operates the Platform. By registering or using Pactly, you accept these Terms of Service. If you do not agree, do not use the Platform.

2. Definitions

• "Platform": the website pactly.io and all its services.
• "Creator": a user who offers sponsored content publishing services on social media.
• "Buyer": a person or company that hires a Creator's services through Pactly.
• "Order": a transaction between a Buyer and a Creator managed through Pactly.
• "Brief": the instructions and requirements that the Buyer provides to the Creator for an Order.
• "Validation": the process by which Pactly verifies that the Creator fulfilled the Brief requirements.
• "Protected payment": the model in which the Buyer's funds are held until Pactly validates compliance.

3. Eligibility

• You must be at least 18 years old to use Pactly.
• You must provide truthful information and keep it up to date.
• A person or entity may only have one account.

4. Account types

Pactly supports two types of users:

• Creator: offers sponsored content services and gets paid for them.
• Buyer/Brand: hires creator services and pays for them.

A single user can activate both roles.

Restrictions for users with both roles:

• You cannot hire your own services.
• You cannot self-refer.
• Your own purchases from a referred creator do not generate referral commissions.
• Circular transactions (systematically buying from someone who buys from you in return) may result in suspension.
• Financial data, scores, and metrics for each role are completely independent.

5. Creator accounts

• By registering as a Creator, you commit to fulfilling accepted Briefs within the agreed deadlines.
• You are responsible for ensuring your content complies with applicable laws, including the obligation to disclose sponsored content (#ad, Paid Partnership, or equivalent according to your jurisdiction).
• Pactly may suspend or cancel your account if you breach these Terms, commit fraud, or if your non-compliance rate is excessive.
• The Creator is responsible for the accuracy of their profile information, including followers and social media accounts.

6. Purchases and payments

• Payments are processed through Stripe. Pactly does not store credit card data.
• By making a payment, the Buyer authorizes the retention of the full amount until Pactly validates the Order's compliance.
• The Buyer understands that their payment is a service request subject to the Creator's acceptance.
• If the Creator rejects the request or does not respond within the established timeframe, the payment is automatically refunded.

7. Fees

• Pactly charges a 13% fee on each completed transaction.
• The fee is deducted from the Creator's payment. The Buyer pays the listed price with no additional charges.
• There are no subscriptions, monthly fees, or hidden costs.

8. Validation process

• After the Creator publishes the content, they must upload evidence through Pactly.
• Pactly performs an automatic verification (N0) and a manual review (N1) to confirm that the content meets the Brief requirements.
• If the verification approves the content, the Order advances toward payment release.
• If the verification does not approve, the Creator may receive a correction request or, in case of serious non-compliance, the Order may be cancelled with a refund to the Buyer.

9. Guarantee period and payment release

• After validation approval, there is a 7-day guarantee period.
• Payment to the Creator is scheduled to be released 14 days after validation, subject to no active disputes.
• Payments are made through Stripe Express. The Creator must set up their payout account to receive funds.

10. Refunds

• If the Creator rejects the request: immediate automatic refund.
• If the Creator does not respond within the timeframe: automatic refund.
• If the Creator does not deliver within the deadline: automatic refund.
• If validation determines the content does not comply (after correction opportunity): automatic refund.
• Refunds are processed through Stripe and may take 5-10 business days to appear on the Buyer's statement.

11. Disputes

• If a Buyer has an objection about an Order's compliance, they can contact Pactly through support channels.
• Pactly will review the evidence from both parties and make a decision based on the verifiable requirements of the Brief.
• Pactly's decision on disputes is binding for both parties within the Platform.

12. Counter-offers

• The Creator may propose changes to a request before accepting it (price, deadline, scope).
• The Buyer has 48 hours to accept or reject the counter-offer.
• If the Buyer does not respond within 48 hours, the payment is automatically refunded.
• Only one round of counter-offer is allowed per Order.

13. Referral program

• Creators can invite other Creators to Pactly through their referral link.
• The referrer receives a $10 USD bonus when the referred creator completes accumulated orders of at least $100 USD.
• Additionally, the referrer receives 2% of the value of the referred creator's completed orders for 12 months (counted from when the referred creator accumulates $100 in orders).
• Maximum $2,000 USD per referral.
• Self-referrals, circular transactions, or any form of program manipulation result in permanent suspension.

14. Social account verification

• Pactly offers a verification system to confirm that the Creator controls their declared social accounts.
• Verification is voluntary but recommended. Verified profiles display a trust badge.
• Pactly does not guarantee the accuracy of unverified data (such as manually declared follower counts).

15. Pactly Score (CRS)

• The Pactly Score is a reliability indicator based on the Creator's transaction history.
• It is built with verifiable data: completed orders, compliance rate, disputes, delivery times.
• A higher score can unlock higher transaction limits and better conditions.
• Pactly reserves the right to adjust the score based on the Creator's performance.

16. Payment processing

Pactly uses Stripe, Inc. as its payment processor. By using Pactly, you agree to comply with Stripe's Terms of Service in addition to these terms. Pactly does not store credit card data. All payment transactions are processed securely through Stripe's infrastructure. Creators receiving payments through the platform agree to the Stripe Connect program terms when setting up their payout account.

17. Prohibited content and activities

Pactly prohibits the use of the platform to promote, sell, or facilitate the following types of content, products, or services. Orders related to these categories will be canceled and funds refunded to the buyer. Repeated violations may result in account suspension or closure.

Prohibited content:

• a) Adult, sexually explicit, or pornographic content.
• b) Pharmaceuticals, controlled substances, drug paraphernalia, or unregulated supplements.
• c) Firearms, ammunition, explosives, or related accessories.
• d) Gambling, betting, lotteries, or sweepstakes requiring purchase.
• e) Cryptocurrencies, tokens, financial trading, investment advice, or financial products without appropriate regulation.
• f) Tobacco products, e-cigarettes, vaping, nicotine, or CBD products.
• g) Pyramid schemes, multi-level marketing, get-rich-quick programs, or guaranteed income promises.
• h) Content promoting hate, violence, discrimination, harassment, or terrorism.
• i) Counterfeit products, replicas, or items that infringe third-party intellectual property rights.
• j) Debt collection services, deceptive credit repair, or predatory lending.
• k) Content promoting eating disorders, self-harm, or dangerous activities.
• l) Sale of personal data, social media accounts, fake followers, or artificial engagement.
• m) Paid political content that does not comply with applicable electoral transparency laws.
• n) Products or services that are illegal in the jurisdiction of the creator or the buyer.

Pactly reserves the right to cancel any order and close any account that, in its reasonable judgment, is associated with the activities described above. These restrictions apply to both services offered by creators and brief content submitted by buyers.

These categories are aligned with our payment processor's policies. Pactly cannot process payments for transactions that violate Stripe's terms of service.

18. Intellectual property

• The Creator retains all rights to the content they publish.
• By using Pactly, the Creator grants Pactly a limited license to display the content within the Platform for verification and service operation purposes.
• The Buyer does not acquire intellectual property rights over the Creator's content unless explicitly agreed in the Brief.

19. Limitation of liability

• Pactly acts as a technology intermediary between Creators and Buyers.
• Pactly does not guarantee marketing results, reach, engagement, or return on investment.
• Pactly is not responsible for content published by Creators.
• Pactly's maximum liability for any claim is limited to the amount of the transaction in question.

20. Suspension and termination

• Pactly may suspend or terminate accounts that violate these Terms, commit fraud, or pose a risk to the Platform.
• Pending funds from legitimate transactions will be processed according to the rules in effect at the time of suspension.

21. Modifications

• Pactly may modify these Terms at any time.
• Changes will be communicated by email or through a notice on the Platform.
• Continued use of Pactly after the changes constitutes acceptance.

22. Governing law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these terms shall be subject to the exclusive jurisdiction of the courts of the State of Delaware or the federal courts located in the District of Delaware.

Payment flow

Payment is processed through Stripe only after the Buyer submits a brief and the Creator accepts the collaboration terms. The Buyer has 48 hours to complete payment after the Creator's acceptance. If payment is not completed within that period, the request is automatically cancelled at no cost to either party.

Payment abandonment

A Buyer who repeatedly fails to complete payments after Creators accept their requests may receive account restrictions, including visible warnings to other users, temporary suspensions, or permanent account closure.

Multi-brand management

A Buyer can organize their collaborations by brands, divisions, or internal clients within their account. The Buyer is responsible for all payments made, regardless of which internal brand the orders are assigned to. Pactly does not intervene in relationships between the Buyer and their internal clients or divisions.

Reports and blocks

Users can report behavior that violates these terms of service. Pactly will review reports and may take action including warnings, temporary suspensions, or permanent account closure. Users can also personally block other users without Pactly's intervention. Personal blocks are private and not visible to the blocked user.

Additional prohibited conduct

Sending briefs or messages with abusive, offensive, discriminatory, threatening, or explicit content. Sending mass requests without real purchase intent. Attempting to negotiate or process payments outside of Pactly to circumvent platform protections.

Buyer referral program

A Buyer who invites a new Creator to Pactly will receive a $10 USD credit when that Creator completes their first order on the platform, regardless of which Buyer that first order is with. The credit is applied as a discount on future purchases and is not transferable or refundable. The maximum referral credit is $500 USD per account.

23. Contact

For questions about these Terms: legal@pactly.io