Terms of Service
These Terms are an agreement between you and Hot Influencer LLC, a Delaware limited liability company ("HotInfluencer", "we", "us"). They apply when you use hotinfluencer.com and our services (the "Service"), whether you are a creator selling content ("Influencer") or a business buying it ("Brand"). By creating an account, sending a deal, or paying for a deal, you agree to these Terms and to our Payment Protection Policy and Privacy Policy.
1. What HotInfluencer does
HotInfluencer helps Influencers and Brands agree on paid content deals and handles the payment. A Brand pays the deal price up front. We hold that payment while the Influencer does the work, and we release it to the Influencer when the Brand approves the work, when the review period ends without a response, or when we decide a dispute. How this works step by step is described in the Payment Protection Policy.
We are not a party to the deal between the Influencer and the Brand. We don't create, review or guarantee the content, and we don't employ or represent either side. We are not a bank or a trust company. A payment we hold is not a deposit, and it earns no interest. All card and bank payments on the Service are processed by our payment processor, Stripe, Inc. ("Stripe"), as described in section 5.
2. Who can use the Service
You must be at least 18 years old and able to enter a binding contract. If you use the Service for a company, you confirm that you are allowed to bind that company to these Terms.
Influencers can currently receive payouts only if they live in, or their business is based in, the United States, the United Kingdom, the European Economic Area, Canada or Switzerland. Brands can be based anywhere we and Stripe can accept payments from.
You must not use the Service if you are on a government sanctions list or are located in a country subject to comprehensive sanctions.
3. Accounts and security
Influencers need an account with a verified email address. Brands can use a deal without an account: the deal link identifies the deal, and we send a one-time code to the Brand's email address before the Brand can approve work, request changes, or open a dispute.
Keep your password, deal links and one-time codes private. You are responsible for activity on your account and for anything done with a deal link or code you shared. Tell us right away at support@hotinfluencer.com if you think someone else has access.
4. Deals
An Influencer creates a deal describing the deliverables, price, delivery time (days after payment), review period and number of included revisions. When the Influencer sends the deal, its terms are fixed. When the Brand accepts and pays, those fixed terms (the "Deal Terms") form a contract directly between the Influencer and the Brand. We keep a record of the Deal Terms and of when and how each side accepted them.
To change a deal after it is sent, the Influencer must withdraw it and send a new one. A deal can't be withdrawn after the Brand has paid; at that point it can only be cancelled as described in the Payment Protection Policy.
5. Payments, our role, and fees
Payment collection agent. Each Influencer appoints HotInfluencer as its limited agent to receive payments from Brands for the Influencer's deals and to pay those funds out to the Influencer under these Terms. When a Brand's payment for a deal reaches us, the Brand has paid the Influencer for that amount, and the Brand's obligation to pay that amount is satisfied, even if we have not yet released it.
Payment processing. Stripe is our payment processor. It processes every card and bank payment a Brand makes on the Service, and every payout to an Influencer. Card and bank details are entered directly with Stripe, and we never see or store full card or bank account numbers. Influencers must create a Stripe connected account through our onboarding and agree to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. You authorize us to share information about you and your deals with Stripe as needed to provide the Service.
Fees. Each deal shows its fees before anyone commits. The Brand pays a service fee on top of the deal price. The Influencer pays a platform fee that we deduct from the deal price before paying out. The fees that apply to a deal are fixed when the deal is sent and won't change for that deal. Our current fees are listed on our Pricing page. Payment processing fees charged by Stripe are paid by us out of our fees, except when a payment is refunded: Stripe doesn't return its processing fee, so it is deducted from the refund, as described in the Payment Protection Policy.
Payouts. We release a deal's payment to the Influencer's Stripe account as described in the Payment Protection Policy. Stripe then pays it out to the Influencer's bank account on the schedule in the Influencer's Stripe account. We may delay a release while we check a deal for fraud, a violation of these Terms, or a legal requirement.
Currency. Deals are currently priced and paid in US dollars. If you pay or are paid in another currency, Stripe or your bank may convert it and charge a conversion fee.
6. Your responsibilities
Influencers agree to:
- deliver the content described in the Deal Terms, on time, from the accounts named in the deal;
- clearly disclose sponsored content as required by law and platform rules (for example, the US FTC Endorsement Guides and the UK ASA/CAP Code), such as by using "#ad" or a platform's paid-partnership label;
- own or have permission to use everything in their content, and not infringe anyone's rights;
- keep posted content live for any period stated in the Deal Terms.
Brands agree to:
- describe what they want accurately and only request changes that fit the Deal Terms;
- review submitted work within the review period;
- not ask for content that is misleading or breaks the law or platform rules;
- use our dispute process, not a chargeback, to raise problems with a deal (see section 8).
Content rights. Rights to use the content (for example, usage rights for ads) are only those stated in the Deal Terms. Unless the Deal Terms say otherwise, the Influencer keeps ownership of their content and the Brand may share and link to the posted content.
7. Prohibited deals and conduct
You may not use the Service for:
- anything illegal, or content that promotes illegal activity;
- buying or selling followers, likes, views, comments, reviews or other engagement, or any deal designed to manipulate a platform;
- adult or sexual content, gambling, weapons, drugs (including cannabis and CBD where unlawful), tobacco or vaping products, or cryptocurrency, investment or other financial products;
- misleading advertising, including undisclosed sponsorship, fake testimonials, or health claims you can't support;
- fake or circular deals, including a Brand and Influencer who are the same person or acting together to move money rather than to buy content;
- harassment, hate, or content that exploits minors;
- anything that breaks Stripe's restricted businesses rules.
Our Prohibited Content and Deals policy gives details and examples. We may refuse, freeze, cancel or refund any deal, and suspend any account, that we reasonably believe breaks this section. If we cancel a deal for this reason after payment, we will refund the Brand unless the law or Stripe requires us to hold the funds.
8. Disputes, refunds and chargebacks
Problems with a deal are handled under the Payment Protection Policy and the Dispute Policy. Both sides agree that we may decide whether held funds are released to the Influencer, refunded to the Brand, or split between them, based on the Deal Terms and the evidence provided. Our decision is final as to the held funds. It does not stop either of you from bringing a legal claim against the other.
A Brand that files a card chargeback for a deal must also tell us. When a chargeback is filed, we freeze the deal. If a Brand files a chargeback after approving work or after the work was delivered as agreed, we may contest it using the deal record, may suspend the Brand's access, and may seek to recover the amount and any chargeback fees from the Brand.
9. Taxes
You are responsible for your own taxes, including income tax, sales tax, VAT, and any withholding that applies to payments between you. We or Stripe may need to collect tax information (such as a Form W-9 or W-8BEN) and report payments to tax authorities (for example, on Form 1099-K in the United States). If you don't provide required tax information, we may hold payouts until you do.
10. Suspension and termination
You can stop using the Service at any time. Influencers can delete their account under Account in the app once no deal holds money, has a payment arriving or has an open chargeback; unpaid offers are cancelled when you do. Brands can ask us to delete their details by emailing privacy@hotinfluencer.com. Deleting an account doesn't undo deals already paid: their records are kept as our Privacy Policy explains, and a chargeback on one is still handled under the Payment Protection Policy.
We may suspend or close your account if you break these Terms, if we're required to by law or by Stripe, or if we reasonably believe your account creates risk for other users or for us. Deals that are already paid will be completed, cancelled or refunded under the Payment Protection Policy. Sections 5 (fees owed), 8, 9, 11, 12, 13 and 14 continue after termination.
11. Disclaimers
The Service is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties, express or implied, including fitness for a particular purpose and non-infringement. We don't guarantee the quality, legality or results of any content, that any deal will be completed, or that the Service will be uninterrupted or error-free.
12. Limitation of liability
To the extent the law allows, HotInfluencer will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill.
Our total liability for any claim related to the Service is limited to the greater of (a) the fees you paid us in the 12 months before the claim, and (b) US$100. This limit does not apply to our obligation to release or refund funds we hold for a deal as these Terms and the Payment Protection Policy require.
Some places don't allow these limits, so they may not fully apply to you.
13. Indemnity
You will defend and indemnify HotInfluencer against claims, losses and reasonable legal costs arising from your content, your deals, your breach of these Terms, or your violation of the law or anyone's rights.
14. Governing law and disputes with us
These Terms are governed by the laws of the State of Delaware and applicable US federal law, without regard to conflict-of-law rules. Any dispute between you and HotInfluencer will be brought in the state or federal courts located in New Castle County, Delaware, and you and we consent to their jurisdiction. If you are a consumer in the UK or EU, you also keep any rights under the mandatory laws of your country.
Before filing a claim against us, please contact support@hotinfluencer.com and give us 30 days to try to resolve it.
15. Changes
We may update these Terms. We'll post the new version here and, for material changes, email you at least 14 days before they take effect. A deal is always governed by the version in force when it was sent. If you keep using the Service after a change takes effect, you accept the updated Terms.
16. General
These Terms, the Payment Protection Policy and the Privacy Policy are the entire agreement between you and us about the Service. If any part is unenforceable, the rest still applies. If we don't enforce a right, we haven't waived it. You may not transfer these Terms without our consent; we may transfer them as part of a merger or sale of our business. We communicate with you by email and in the Service, and those messages count as "in writing".
17. Contact
Hot Influencer LLC
1550 W Horizon Ridge Pkwy Ste 537, Henderson, NV 89012, USA
Email: support@hotinfluencer.com