1. Parties
This Terms of Use Agreement is made between Infumar, located in Istanbul (hereinafter referred to as the "Platform"), and individuals or legal entities using the infumar.com website and mobile application (hereinafter referred to as the "User").
2. Subject and Scope of Agreement
This agreement governs Users' membership registration on the Platform, use of the website and mobile application, access to Platform services, and payment conditions. By using the Platform, you acknowledge that you have read, understood, and accepted all provisions of this agreement.
3. Definitions
The following definitions apply to the interpretation of these Terms of Use:
- Platform: The infumar.com website and mobile application owned by Infumar, along with all related digital services.
- User: All individuals and legal entities who register on the Platform and benefit from its services.
- Content Creator: Users who create content on social media platforms and collaborate with brands.
- Brand: Business or agency users who create and manage influencer marketing campaigns.
- Campaign: Marketing projects created by brands and open to content creator participation.
- Content: Photos, videos, text, and other digital materials produced within campaigns.
- Service: All features, tools, and functions provided through the Platform.
4. Rights and Obligations of Parties
Users agree to comply with the following rules when using the Platform:
- Declares that they have read and understood these Terms of Use and accept all provisions.
- Commits to using the Platform only in accordance with legal and ethical standards.
- Agrees to provide accurate and up-to-date information during registration and throughout Platform use.
- Commits not to engage in activities that would harm the Platform, hack the system, or conduct cyber attacks.
- Agrees to respect the Platform's intellectual property rights and not copy content without permission.
- Accepts that all legal, criminal, and financial responsibilities arising from Platform use belong to them.
Processing of Personal Data in Store Integrations
By connecting an e-commerce store to the Platform, the advertiser authorises Infumar to process order data about the store's customers on its behalf. For this data the advertiser is the data controller and Infumar is the data processor.
Infumar processes this data solely to attribute affiliate sales to the relevant creator and to calculate and pay commissions; it does not use it for any other purpose, does not sell it, and does not share it with third parties other than the infrastructure providers needed to deliver the service. The data processed and its retention periods are described in the Privacy Policy.
Infumar applies appropriate technical and organisational measures, including encryption in transit and at rest, to protect this data against unauthorised access, and reasonably assists the advertiser in responding to requests from the store's customers. The advertiser is responsible for informing its store's customers about this processing in accordance with Turkish Personal Data Protection Law No. 6698 and other applicable law.
Manager Authorisation
A content creator may authorise one or more people (a "manager") through the Platform to run their account on their behalf. While authorised, a manager may send and negotiate offers, run collaborations, upload content and posting links, message brands and edit the creator's profile on the creator's behalf.
Every action a manager takes within this authorisation is deemed to have been taken by the content creator and binds the content creator. The content creator is responsible for the manager's actions towards Infumar and the advertisers they work with as for their own.
A manager cannot withdraw the balance, and cannot see or change bank, IBAN, invoicing or identity details, social media accounts or account settings. A manager receives no share or fee from Infumar; any arrangement between the content creator and the manager is the parties' own responsibility, and Infumar is not a party to it.
The content creator may revoke the authorisation at any time through the Platform. Revocation takes effect going forward; actions the manager took while authorised remain valid.
5. Service Terms
Infumar is a technology platform that enables brands and content creators to connect in the digital environment. The Platform offers the following services:
- Content creator discovery and filtering tools
- Campaign creation and management modules
- Content approval and revision system
- Secure payment and escrow infrastructure
- Performance analysis and reporting tools
- In-platform messaging system
The Platform does not guarantee campaign results. Campaign performance depends on the brief, budget, timing, content creator selection, and approval processes determined by the user.
6. User Responsibilities
Users bear the following responsibilities when using the Platform:
- Users are responsible for the accuracy of all information, visuals, videos, and text shared in campaigns.
- Users are responsible for ensuring shared content complies with laws.
- Users are responsible for ensuring content does not infringe third-party rights.
- Users are responsible for protecting confidential information obtained through the Platform.
- Users are responsible for complying with Platform policies and community rules.
No Off-Platform Collaboration
Once an advertiser and a content creator have connected through the Platform (by invitation, offer, message or collaboration), they agree not to carry out a collaboration arising from that connection outside the Platform, not to pay for it outside the Platform, and not to contact each other outside the Platform (social media, email, phone, etc.) for that purpose.
This obligation applies for 12 months from the date the parties first connected on the Platform. Relationships between the parties that existed before they joined the Platform and can be documented are outside its scope.
Where there is reasonable suspicion that this obligation has been breached, Infumar may suspend or close the accounts concerned and may withhold payments on ongoing collaborations in accordance with the applicable rules.
7. Pricing, Charges and Payment Terms
All charges and payments made through the Platform are subject to the following rules:
- The app is free to install and use; advertisers are charged no app fee or subscription fee.
- In the affiliate model, the advertiser pays a commission to the influencer for a sale that influencer generated (a rate set by the advertiser, minimum 5%), or a cost-per-click (CPC) amount. This is a marketing payment from the advertiser to a third-party creator — not a fee for using the app.
- The commission is split 2/3 to the influencer and 1/3 to the platform.
- A Plus subscription is optional, covers additional features only, and is billed separately (it is not required for affiliate projects).
- Campaign payments are held in the Platform's escrow system until content is approved.
- The Platform charges a service commission on completed collaborations.
- Payments made after service commencement are non-refundable; however, if service has not started, they may be refunded as Platform credit.
- E-invoices or e-archive invoices are issued for all payments.
- Payment information is processed through secure payment infrastructure and is not stored in Platform systems.
8. Intellectual Property Rights
All content, design, software, logos, and other elements of the Platform are the intellectual property of Infumar. These materials may not be used, copied, or distributed without written permission.
For content created by users, the user grants the Platform the right to use the content within the campaign scope. Separate permission is required for use outside the campaign.
9. Limitation of Liability
The Platform cannot be held responsible for damages arising from the following situations:
- Indirect, special, incidental, or punitive damages
- Issues arising from third-party services
- Access interruptions due to technical maintenance, updates, or force majeure
- Users' illegal or contract-violating actions
10. Account Termination
Users may close their accounts at any time. When an account is closed, ongoing campaigns and payments are concluded according to relevant rules.
The Platform may suspend or terminate the accounts of users who violate this agreement or platform rules without prior notice.
11. Agreement Modifications
The Platform may modify these Terms of Use at any time. Changes take effect on the date they are published on the website. Users may be notified by email for significant changes. Continuing to use the Platform means you accept the updated terms.
12. Governing Law and Jurisdiction
This agreement is subject to the laws of the Republic of Turkey. Istanbul Courts and Enforcement Offices have jurisdiction over disputes arising from this agreement.
13. Contact
For questions about the Terms of Use, you can contact us:
Email: iletisim@infumar.com