Terms and Conditions

Effective Date: July 30, 2024

Introduction

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Spradly.com (“Company”, “we”, “us”, or “our”), concerning your access to and use of the spradly.com website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Site provides an online marketplace for the following goods, products, and/or services: marketing influence via social media platforms (the “Marketplace Offerings”). By accessing the Site and/or the Marketplace Offerings, you agree to be bound by these Terms of Use.

Acceptance of Terms

By registering for, accessing, or using Spradly’s platform or engaging in other services (the “Platform” or “Services”) provided by Spradly, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with all of these Terms of Use, you are expressly prohibited from using the Site and/or the Marketplace Offerings and must discontinue use immediately.

Modifications to Terms

We reserve the right to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. Your continued use of the Site after the date such revised Terms of Use are posted will be deemed your acceptance of the changes.

Privacy and Confidentiality

Spradly takes your privacy seriously. Our Privacy Policy, which is accessible from our website, explains in detail how we collect, use, and protect your personal information. Please review it carefully to understand how your data is handled. Spradly does not want to receive confidential or proprietary information from you through our website or digital assets. Any information sent to Spradly will be deemed not to be confidential.

User Representations

By using the Site or the Marketplace Offerings, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete.
2. You will maintain the accuracy of such information and promptly update it as necessary.
3. You have the legal capacity and agree to comply with these Terms of Use.
4. You are not a minor in the jurisdiction in which you reside.
5. You will not access the Site or the Marketplace Offerings through automated or non-human means.
6. You will not use the Site for any illegal or unauthorized purpose.
7. Your use of the Site or the Marketplace Offerings will not violate any applicable law or regulation.

Account Security

You may be required to register with the Site in order to access the Marketplace Offerings. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Purchases and Payment

We accept all the forms of payment via Mamo.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in AED (dirham).

Refund Policy

All sales are final and no refund will be issued unless both parties involved in the transaction agree to cancel an order, or the Spradly dispute resolution team decides that a refund is justified. Refunds will be directed to the original payment method used by the buyer. If an order is placed with an influencer but the buyer fails to follow through with the order or requests to cancel for reasons outside of Spradly’s control, such as a lack of planning or organization, a fee may be applied upon refund. This fee will be assessed on a case-by-case basis depending on the specific circumstances of the refund request.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
2. Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site.
4. Engage in unauthorized framing of or linking to the Site.
5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
6. Make improper use of our support services or submit false reports of abuse or misconduct.
7. Engage in any automated use of the system.
8. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
9. Attempt to impersonate another user or person or use the username of another user.
10. Sell or otherwise transfer your profile.
11. Use any information obtained from the Site to harass, abuse, or harm another person.
12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
13. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you.
15. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
16. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site.
17. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism.
18. Use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site.
19. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
20. Use the Site in a manner inconsistent with any applicable laws or regulations.

User Generated Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Contribution License

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPRADLY, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1000, WHICHEVER IS LESSER.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

1. Your Contributions.
2. Use of the Marketplace Offerings.
3. Breach of these Terms of Use.
4. Any breach of your representations and warranties set forth in these Terms of Use.
5. Your violation of the rights of a third party, including but not limited to intellectual property rights.
6. Any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via the Site.

Governing Law and Dispute Resolution

These terms shall be governed by and defined following the laws of Dubai, UAE. Spradly and yourself irrevocably consent that the courts of Dubai, UAE shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Binding Arbitration

Any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity, or termination, shall be referred to and finally resolved by the Dubai International Arbitration Centre (DIAC) in accordance with its rules. The seat of arbitration shall be Dubai, UAE. The arbitration shall be conducted in English.

Prohibited Content and Conduct

Spradly’s platform is designed to be a secure and enjoyable space for everyone. We prohibit content that is illegal, harmful, or infringing on intellectual property rights. Users are expected to act responsibly and respectfully towards others.

Disclaimer of Warranties

Spradly provides the platform and services on an “AS-IS” basis without express or implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free use of the platform.

Termination

We reserve the right to terminate or suspend your account for any reason, including breaches of these Terms. Certain provisions, including payment obligations, indemnity, and limitation of liability, will survive termination.

Contact Information

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

Spradly Platform
Dubai, United Arab Emirates
Email: support@spradly.com

By accessing and using Spradly’s platform and services, you agree to abide by these Terms and Conditions. We encourage you to review these terms regularly to stay informed of any changes.