terms and conditions

Last Updated: July 16, 2025

Welcome to The Social Inc. These Terms govern your use of our services. By using our services, you agree to these Terms.

DEFINITIONS

• "Agency," "We," "Us," "Our": Refers to The Social Inc.
• "Client," "Brand": Refers to any individual or entity seeking to engage talent or utilize our branding services.
• "Talent": Refers to any individual or group represented by The Social Inc, seeking opportunities or campaigns.
• "Services": Refers to all services provided by The Social Inc, including but not limited to talent representation, brand consulting, campaign management, and networking.
• "Agreement": Refers to these Terms and Conditions, alongside any specific written agreements, proposals, or contracts entered into between The Social Inc, Clients, and Talent.
• "Confidential Information": Any non-public information disclosed by one party to another, whether orally, visually, or in writing, that is designated as confidential or would reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.

ACCEPTANCE OF TERMS

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

OUR SERVICES

The Social Inc offers a range of services designed to connect brands with talent and facilitate successful campaigns. The specific details, scope, and deliverables for each engagement will be outlined in a separate, written Service Agreement, Proposal, or Contract executed between The Social Inc and the respective Client or Talent. These general Terms and Conditions will apply unless explicitly overridden by the specific terms of a signed Service Agreement.

CLIENT AND TALENT RESPONSABILITIES

4.1. Client Responsibilities: Clients agree to:

• Provide clear and timely information, creative briefs, feedback, and approvals required for the provision of Services.
• Make payments for Services as outlined in the specific Service Agreement.
• Ensure that all materials and information provided to The Social Inc are accurate, complete, and do not infringe on any third-party rights.
• Adhere to all terms and conditions outlined in specific Service Agreements, including intellectual property rights and usage limitations.

4.2. Talent Responsibilities: Talent agrees to:

• Provide accurate and up-to-date professional information, including portfolios, resumes, and availability.
• Fulfill all obligations and commitments as outlined in specific Service Agreements or engagement contracts.
• Maintain a professional demeanor and conduct themselves in a manner that reflects positively on The Social Inc and associated brands.
• Communicate openly and promptly with The Social Inc regarding opportunities, scheduling, and any potential conflicts.
• Adhere to all terms and conditions outlined in specific Service Agreements, including exclusivity, intellectual property rights, and usage limitations.

FEES AND PAYMENT

• Payment Terms: Fees for Services will be clearly outlined in each specific Service Agreement or Proposal. Payment schedules, methods, and any applicable taxes will be specified therein.
• Invoicing: We will issue invoices according to the agreed-upon payment schedule.
• Late Payments: The Social Inc reserves the right to charge late fees or suspend Services for overdue payments, as specified in the individual Service Agreement.

INTELLECTUAL PROPERTY

• Ownership of Work Product: Unless otherwise explicitly stated in a specific Service Agreement, all creative works, content, strategies, and other deliverables ("Work Product") created by The Social Inc for a Client as part of the Services will be owned by the Client upon full payment for such Services.
• Agency Rights: The Social Inc retains the right to use samples of Work Product for portfolio, marketing, and promotional purposes, provided such use does not disclose any confidential information or breach any specific non-disclosure agreements.
• Talent Rights: The ownership and usage rights of any intellectual property created by Talent during a campaign or engagement will be specifically defined in the individual Talent Service Agreement.
• Client Provided Materials: Clients warrant that they own or have the necessary licenses and rights to use any intellectual property, logos, trademarks, or other materials ("Client Materials") provided to The Social Inc for use in the Services. Clients agree to indemnify and hold harmless The Social Inc from any claims arising from the use of Client Materials.

CONFIDENTIALITY

Both parties agree to maintain the confidentiality of all Confidential Information exchanged during the course of their engagement. This includes, but is not limited to, business strategies, client lists, talent details, financial information, and proprietary processes. Confidential Information shall not be disclosed to any third party without the express written consent of the disclosing party, except as required by law. This obligation of confidentiality will survive the termination of any engagement.

TERM AND TERMINATION

• Term: The term of these general Terms and Conditions continues as long as you use our Services. Specific engagements with Clients or Talent will have defined terms as outlined in their respective Service Agreements.
• Termination by Either Party: Either party may terminate an individual Service Agreement under the conditions and with the notice period specified in that Agreement.
• Termination by The Social Inc: We may terminate or suspend your access to our Services immediately, without prior notice or liability, if you breach these Terms or any specific Service Agreement, or for any other reason as deemed necessary by The Social Inc.
• Effect of Termination: Upon termination, all rights and obligations of the parties under these Terms and any specific Service Agreements shall cease, except for those provisions that naturally survive termination (e.g., intellectual property, confidentiality, disclaimers, limitation of liability, governing law).

DISCLAIMERS AND LIMITATION OF LIABILITY

• No Guarantees: While The Social Inc strives to achieve the best possible outcomes for our Clients and Talent, we do not guarantee specific results, levels of exposure, or financial success. Our Services are provided on an "as is" and "as available" basis.
• Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall The Social Inc, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
• Total Liability: Our total liability for any claim arising out of or relating to these Terms or any Service Agreement, regardless of the form of action, shall not exceed the fees paid by the Client to The Social Inc for the specific services giving rise to the claim in the twelve (12) months preceding the event.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless The Social Inc and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or any specific Service Agreement; or c) your violation of any rights of a third party, including without limitation any intellectual property rights or privacy rights.

GOVERNING LAW AND DISPUTE RESOLUTION

• Governing Law: These Terms shall be governed and construed in accordance with the laws of [Your Country/State, e.g., the laws of Florida, USA], without regard to its conflict of law provisions.
• Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be resolved through [Choose one: binding arbitration, mediation, or litigation in a specific court. Mediation is often a good first step.].
  • Option A: Mediation (Recommended first step): "The parties agree to attempt to resolve any dispute through good faith negotiation. If a dispute cannot be resolved through negotiation, the parties agree to participate in mediation with a mutually agreed-upon mediator in [City, Country/State]."
  • Option B: Arbitration: "Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in [City, Country/State] in accordance with [Rules of Arbitration Body, e.g., the rules of the American Arbitration Association]."
  • Option C: Litigation: "Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in [City, Country/State]."

MISCELLANEOUS

• Entire Agreement: These Terms, together with any executed Service Agreements, constitute the entire agreement between you and The Social Inc regarding our Services.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
• Assignment: You may not assign any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

CHANGES TO THESE TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

CONTACT US

If you have any questions about these Terms, please contact us at:

The Social Inc.