Efluence Terms and Conditions

Effective Date: September 2024

Welcome to Efluence, a platform operated by Efluence LLC, a wholly owned brand of Devatica. These Terms and Conditions ("Terms") govern your use of our websites, mobile applications, and services (collectively, the “Platforms”) that connect businesses and individuals (collectively, “Users”) with influencers and content creators (collectively, “Influencers”). By using our Platforms, you agree to be bound by these Terms. If you do not agree to these Terms, please refrain from using our Platforms.

Please read these Terms carefully as they affect your rights and obligations. They include various disclaimers and limitations of liability, along with provisions regarding dispute resolution, payments, and refunds.

1. Definitions

“Efluence” refers to Efluence LLC, a wholly owned brand of Devatica, its employees, agents, contractors, or affiliates.
“User” refers to any individual or entity using the Efluence Platforms to engage Influencers for marketing services.
“Influencer” refers to content creators or individuals using Efluence to offer services to promote products or services through their social media or other channels.
“Services” refers to the marketing, promotional, or other services provided by an Influencer through the Efluence Platforms.
“Customer” refers to Users purchasing services from Influencers via Efluence.

2. Account Creation and Eligibility

To use Efluence’s services, you must create an account and provide accurate and current information. You are responsible for maintaining the confidentiality of your account login details and for all activities that occur under your account.

You must be at least 18 years old or have reached the age of majority in your jurisdiction.
By creating an account, you represent that all information you provide is true and accurate, and that you have the authority to bind any business or entity you represent.

3. Use of the Platforms

Efluence grants you a limited, non-exclusive, non-transferable license to use our Platforms for their intended purposes. You agree not to:

Use the Platforms for any illegal or unauthorized purpose.
Violate any local, state, national, or international law while using the Platforms.
Use the Platforms to violate the privacy rights of others.
Post false, misleading, or defamatory content.

4. Marketplace Terms

Efluence is a marketplace where Users and Influencers connect. Efluence is not responsible for the actions of Users or Influencers.

4.1 Influencers’ Obligations

Influencers must perform their services professionally and in accordance with the agreements made with Customers.
Influencers must comply with applicable laws and regulations, including intellectual property laws.
Influencers must honor cancellations made in accordance with these Terms and Conditions.

4.2 Customers’ Obligations

Customers agree to provide accurate information when engaging Influencers and must compensate Influencers as agreed via the Platform.
Customers must not engage Influencers for any unlawful purpose.

5. Payments

Efluence facilitates payments between Customers and Influencers. Payments are processed securely through our payment service providers.

5.1 Pricing

Influencers set their own prices for their services. All prices must be listed clearly and transparently.
Any additional charges or expenses must be disclosed to Customers prior to engagement.

5.2 Payment Terms

Customers must make full payment through the Platform for any agreed-upon services before the Influencer begins the work.
Efluence will hold payments in escrow and release funds to the Influencer after the completion and approval of the services by the Customer, in accordance with our dispute resolution process if necessary.
Payments to Efluence for use of the Platforms, including service fees, subscription fees, and any other charges, must be made in accordance with the pricing and payment terms specified on the Platform. All fees paid to Efluence are non-refundable unless explicitly stated otherwise in these Terms or required by law.
Payments are non-refundable except as outlined below.

6. Refund Policy

Refunds may be granted under the following circumstances:

If the Influencer fails to deliver the agreed-upon services within the specified timeframe and fails to communicate a reasonable cause for the delay.
If the Influencer cancels the service after payment and before the commencement of work.

To request a refund, the Customer must:

Contact the Influencer through the Platform to request remediation.
If a solution cannot be reached, file a formal refund request with Efluence at [email protected] within 7 days of the agreed completion date.

Efluence will review the dispute and may issue a full or partial refund at its discretion based on the circumstances and evidence provided.

7. Cancellation Policy

Both Customers and Influencers may cancel services under specific conditions:

7.1 Customer-Initiated Cancellations

If a Customer cancels a service before the Influencer begins work, they may be eligible for a full refund.
If a Customer cancels after the work has started but before completion, refunds will be issued at Efluence’s discretion based on the percentage of work completed.

7.2 Influencer-Initiated Cancellations

Influencers who cancel a project must notify the Customer immediately. Any payments received must be refunded in full, unless both parties agree otherwise.

7.3 Cancellations Due to Non-Performance

Efluence reserves the right to cancel services on behalf of Customers if an Influencer is unresponsive or fails to perform the agreed services.

8. Dispute Resolution

Efluence aims to provide a fair and transparent process for resolving disputes between Customers and Influencers.

8.1 Dispute Process

Customers and Influencers are encouraged to resolve disputes through direct communication.
If a dispute cannot be resolved, either party may escalate the matter to Efluence by submitting a formal dispute at [email protected].
Efluence will investigate the matter, review relevant documentation, and make a determination based on the facts presented.

8.2 Binding Arbitration

If disputes cannot be resolved through the Efluence dispute process, they will be subject to binding arbitration conducted by Efluence:

All claims arising out of or relating to these Terms shall be settled by arbitration administered by Efluence.
Each party shall bear its own costs and attorney fees unless otherwise required by law.

9. Intellectual Property

All intellectual property rights in the Platforms, including but not limited to trademarks, content, and technology, are owned by or licensed to Efluence. You may not use, copy, or distribute any content on our Platforms without our prior written consent.

Customers and Influencers are strictly prohibited from using any third-party intellectual property in their services without proper authorization from the rights holders. Any violation of this provision will be solely the responsibility of the User or Influencer. Efluence disclaims all liability for any unauthorized use of third-party intellectual property by Users or Influencers.

10. Limitation of Liability

To the maximum extent permitted by law, Efluence shall not be liable for any direct, indirect, incidental, or consequential damages arising from your use of the Platforms, including, but not limited to, any errors or omissions in the content of the Platforms, or any actions or inactions of any User or Influencer. Efluence shall have no liability for any loss of profits, loss of data, or any other damages, even if Efluence has been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify and hold harmless Efluence, its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorney fees) arising out of or related to:

Your use of the Platforms.
Your violation of these Terms.
Your interactions or transactions with other Users or Influencers, including any disputes, legal actions, or breaches of contract between you and another User or Influencer.
Any unauthorized use of third-party intellectual property in your content or services.

12. Disclaimer of Warranties

The Efluence Platforms are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Efluence does not guarantee the accuracy, completeness, or reliability of any content or services provided on the Platforms. You use the Platforms at your own risk.

13. Termination

Efluence reserves the right to suspend or terminate your account at any time, without notice, if you:

Breach these Terms or any other applicable policies.
Engage in fraudulent, illegal, or abusive behavior.
Fail to pay any fees due to Efluence.
Use the Platforms in a manner that could damage or bring disrepute to Efluence, its users, or its partners.

In the event of termination:

You will lose access to your account and any data associated with it.
Any pending transactions will be canceled, and Efluence may refund or withhold funds at its discretion.
Efluence reserves the right to pursue any legal remedies available to recover damages or losses caused by your actions.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

15. Changes to Terms

Efluence may update these Terms from time to time. When we do, we will notify you by posting the updated terms on our Platforms and changing the “Effective Date” at the top. Your continued use of the Platforms constitutes your acceptance of any changes to the Terms.

16. Contact Us

If you have any questions or concerns regarding these Terms, please contact us at:

Email: [email protected] or [email protected]
Mailing Address:
Efluence LLC
254 Chapman Rd, Ste 208 #17613
Newark, Delaware, 19702, US

By using our Platforms, you agree to these Terms and Conditions. If you do not agree, please discontinue your use of Efluence immediately.

ffective experience on our Platforms.