INFLUSWAY FZCO
Domain: influsway.com Effective
Date: 2 June 2026 Status:
Publication-ready
Master Service Agreement
— International
Relationship: Business ↔︎ Influencer Platform
Facilitator: INFLUSWAY FZCO Domain:
influsway.com Effective Date: 2 June 2026
Version: 2026-06-V4-MSA-COM
1. Definitions
“Business” means a User commissioning or purchasing Campaign services
through the Platform.
“Influencer” means a User providing promotional, creative, social
media, marketing, or related services through the Platform.
“Campaign” means a specific project, engagement, or commercial
arrangement accepted through the Platform.
“Deliverables” means all content, media, materials, captions, posts,
stories, videos, images, usage rights, reports, or related work product
created or provided for a Campaign.
“Platform” means the Influsway marketplace operated by INFLUSWAY
FZCO.
“Campaign Fee” means the amount payable by a Business for a
Campaign.
“Review Window” means the period specified in Platform documentation,
the Campaign brief, or the applicable Platform workflow during which
Deliverables may be reviewed, approved, rejected, or disputed.
“Acceptance” means express approval of Deliverables by the Business,
or deemed acceptance through expiry of the Review Window or other
release trigger described in §5.4 or Platform documentation.
2. Contractual Model
2.1. This MSA forms the framework agreement governing Campaigns
between Businesses and Influencers.
2.2. Each accepted Campaign constitutes a separate binding commercial
engagement under this MSA.
2.3. INFLUSWAY FZCO acts solely as a facilitator and is not a
contractual party to the Campaign agreement between Business and
Influencer unless expressly stated otherwise.
2.4. INFLUSWAY FZCO may administer Platform workflows, technical
payment release, dispute intake, and fund disbursement processes as
described in the Platform Terms.
2.5. Nothing in this MSA, in any Campaign, or in the operation of the
Platform creates an employment, partnership, agency, joint venture, or
fiduciary relationship between INFLUSWAY FZCO and any User, or between a
Business and an Influencer. Each Campaign is a commercial engagement
between independent parties.
3. Services and Compliance
3.1. Influencers shall provide Deliverables professionally, lawfully,
diligently, and in good faith.
3.2. Users participating in Campaigns targeting specific
jurisdictions are responsible for complying with local advertising,
disclosure, licensing, tax, consumer protection, and data protection
laws applicable to those Campaigns.
3.3. Influencers participating in UAE-targeted commercial Campaigns
must comply with applicable UAE licensing, advertising, disclosure, and
National Media Authority obligations where applicable.
3.4. Businesses shall:
provide accurate Campaign briefs
provide lawful instructions
provide required materials on time
respond to Deliverables within the applicable Review
Window
not require deceptive, unlawful, or misleading conduct
not commercially use Deliverables before Acceptance
cooperate with reasonable Platform compliance checks
pay applicable Campaign Fees and Platform fees
3.5. Unless otherwise agreed in writing, Campaigns are
non-exclusive.
3.6. Users are solely responsible for determining, reporting,
withholding, and paying any taxes, duties, levies, social contributions,
value-added taxes, goods-and-services taxes, or similar governmental
assessments arising from any Campaign Fee, Net Payout, Platform
earnings, or Campaign participation, in any applicable jurisdiction.
INFLUSWAY FZCO is not responsible for any User tax liability and does
not provide tax advice. Where INFLUSWAY FZCO is required by law to
withhold or report tax in connection with a payout, it may do so, and
the User shall cooperate in providing any documentation reasonably
required.
4.
Intellectual Property, Usage Rights, and Moral Rights
4.1. Influencers retain ownership of Deliverables unless otherwise
agreed in writing.
4.2. Upon Acceptance of Deliverables, the Business receives a
worldwide, non-exclusive license to use the accepted Deliverables for
the campaign purposes described in the Campaign brief, subject to the
scope and duration set out in §4.3 and §4.4.
4.3. Unless otherwise agreed in writing, the usage license begins
upon Acceptance of the relevant Deliverables and continues for three (3)
years.
4.4. The usage license includes:
4.5. Businesses may not sublicense, assign, sell, or transfer
Deliverables to unrelated third parties without the Influencer’s prior
written consent unless expressly permitted in the Campaign brief.
4.6. To the extent permitted by applicable law, Influencers waive or
agree not to assert moral rights or similar rights in relation to
reasonable edits, resizing, formatting, cropping, technical adaptation,
translation, caption adjustment, platform-specific publication, or other
modifications reasonably necessary for Campaign execution.
4.7. Internal review, legal review, compliance review, or private
evaluation by the Business shall not alone constitute publication,
commercial use, or Acceptance.
5.1. Campaign Fees shall be processed through the Platform.
5.2. References to “Escrow”, “held in escrow”, “escrow release”, or
similar wording refer solely to technical payment-routing arrangements
facilitated through Mamo Pay or another licensed payment service
provider.
5.3. INFLUSWAY FZCO does not provide regulated escrow services, does
not act as an escrow agent or fiduciary, and does not hold funds in a
regulated escrow capacity.
5.4. Payments may be released upon:
explicit Business approval
successful dispute resolution
automatic acceptance after expiry of the applicable Review
Window
other release triggers defined in Platform documentation or
Campaign terms
5.5. Wallet balances funded through direct top-ups may be refundable
where required by applicable law or expressly approved by INFLUSWAY
FZCO.
5.6. Promotional credits, bonuses, earned incentives, coupons, or
complimentary credits are non-refundable unless otherwise required by
law.
5.7. Platform fees may be introduced, modified, or removed with
reasonable notice. Any applicable fee shall be displayed on the Platform
or disclosed at the point of Campaign acceptance.
6.
Revisions, Acceptance, Disputes, and Non-Circumvention
6.1. Businesses may request revisions within the limits specified in
the Campaign brief, Platform workflow, or applicable Campaign terms.
6.2. Publication, commercial use, paid promotion, or external
distribution of Deliverables before expiry of the Review Window may
constitute Acceptance of the Deliverables and waiver of further dispute
rights relating to those Deliverables.
6.3. Internal review, legal review, compliance review, or private
evaluation by the Business shall not alone constitute publication or
Acceptance.
6.4. INFLUSWAY FZCO may administer internal dispute processes
relating to Platform-managed fund disbursement.
6.5. Platform decisions regarding technical fund disbursement may be
final and binding solely for the purpose of Platform-administered
payment release.
6.6. Businesses and Influencers shall not circumvent the Platform for
introduced Campaigns for a period of twelve (12) months following
introduction unless expressly authorized by INFLUSWAY FZCO.
7. Confidentiality
7.1. Parties shall keep confidential all non-public Campaign
information, including briefs, pricing, strategy, performance data,
unpublished Deliverables, and business information.
7.2. Confidentiality obligations do not apply where disclosure
is:
required by law
required by regulator or court order
required by applicable advertising disclosures
already publicly available through no breach of this MSA
8. Warranties and Disclaimers
8.1. Each party represents that it has authority to enter into
Campaigns through the Platform.
8.2. Influencers represent that Deliverables will not knowingly
infringe third-party intellectual property rights and will not knowingly
violate applicable law.
8.3. Businesses represent that Campaign instructions, products,
claims, and materials provided to Influencers are lawful and
accurate.
8.4. Except as expressly stated, Deliverables and Platform services
are provided without warranties of commercial performance, conversion,
sales, engagement, or audience response.
9. Liability, Limitation,
and Indemnity
9.1. No party shall be liable for indirect, incidental,
consequential, punitive, exemplary, or loss-of-profit damages.
9.2. To the maximum extent permitted by applicable law, the aggregate
liability of either party arising out of or relating to a Campaign shall
not exceed the total Campaign Fees paid or payable in connection with
the relevant Campaign during the twelve (12) months preceding the event
giving rise to the claim.
9.3. INFLUSWAY FZCO’s aggregate liability arising out of or relating
to the Platform shall not exceed the total Platform fees actually
received by INFLUSWAY FZCO in connection with the relevant Campaign
during the twelve (12) months preceding the event giving rise to the
claim.
9.4. Users shall indemnify INFLUSWAY FZCO against claims, losses,
damages, regulatory penalties, and legal costs arising from:
9.5. Nothing in this MSA excludes or limits:
10. Force Majeure
No party shall be liable for delay or failure to perform caused by
events beyond reasonable control, including:
platform outages
payment provider outages
social-media platform outages, API restrictions, suspensions, or
rate limits imposed by Meta, Instagram, TikTok, YouTube, X, or other
third-party platforms
regulatory actions
internet disruptions
natural disasters
epidemics
pandemics
war, civil unrest, or government restrictions
11. Termination and Survival
11.1. This MSA forms the framework agreement governing all Campaigns
between Users, with each accepted Campaign constituting a separate
binding commercial engagement under this MSA.
11.2. Ongoing Campaigns may not be terminated except for:
11.3. Clauses relating to confidentiality, intellectual property,
payment obligations, liability, indemnity, dispute resolution, and
non-circumvention survive termination.
12. Governing Law and
Dispute Resolution
12.1. This MSA is governed by the laws of Dubai, United Arab
Emirates.
12.2. Disputes relating to this MSA shall be subject to the exclusive
jurisdiction of the Dubai Courts.
12.3. Nothing in this section limits any non-waivable consumer or
statutory right available to a User under applicable mandatory law.
— END OF LEGAL STACK V5 —
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