These Terms of Service ("Terms") govern your access to and use of the Pollen website at https://spreadpollen.com, the Pollen platform, dashboard, and related services (collectively, the "Platform"). The Platform is operated by Spread Pollen LLC ("Pollen," "we," "our," or "us").
By accessing or using the Platform, you agree to these Terms. If you are using the Platform on behalf of a company, you confirm that you have authority to bind that company to these Terms. If you do not agree, do not use the Platform.
1. Eligibility
You must be at least 18 years old and able to form a binding contract in the jurisdiction in which you reside to use the Platform. By using the Platform, you confirm that the information you provide is accurate and that you will keep it up to date.
2. Accounts
You are responsible for keeping your login credentials secure and for all activity under your account. Notify us immediately at the email below if you believe your account has been accessed without permission.
3. Early Access
Pollen is currently in private beta. Joining the waitlist does not guarantee access to the Platform, a specific launch date, or any particular features. We may invite brands and creators at our discretion, and features may change during the beta. Pollen reserves the right to terminate access to the Platform for any user or all users, at any time, for any reason or no reason, in its sole discretion.
4. How Pollen Works
Pollen connects you (“you” or “Creator”) with brands to produce content and run creator programs. Brands post campaigns and review submissions. Creators apply to or are invited to campaigns and submit content (“Content”). Specific deliverables, timelines, pricing, and payment terms for a campaign are set out in the campaign details, an order form, or a separate written agreement between brand and Creator..
5. Brand Responsibilities
- Provide accurate campaign briefs, product information, and claims guidance.
- Ship products to creators on time where a campaign requires it.
- Review submissions within the time frames stated in the campaign or agreement.
- Pay all fees owed on time. Unpaid balances may result in paused campaigns or account suspension.
- Make sure any ad claims you ask creators to make are truthful and legally compliant.
6. Creator Responsibilities
- Deliver original content that meets the campaign brief and deadlines.
- Follow applicable advertising and disclosure rules, including the FTC Endorsement Guides, when posting sponsored content.
- Only make product claims approved by the brand.
- Not use copyrighted music, footage, or third-party likenesses without permission.
- Provide accurate payment and tax information so payouts can be processed.
7. Content Ownership and License
Ownership and/or usage rights in the content provided by creators is governed by the agreement between the brand and the creator. The terms of that agreement may be contained in a campaign description, a separate stand-alone agreement, or otherwise. To the extent that usage terms are absent or ambiguous, you agree that by submitting content through the Platform, you grant the brand a worldwide, royalty-free license to use, edit, and publish the Content, including in paid advertising, for as long as the brand chooses, subject to the brand’s obligation to pay for such content.
You grant Pollen a limited license to host, process, display and distribute Content on the Platform as needed to provideour services. You also , grant Pollen a license to feature Content in Pollen marketing materials.
8. Payments
Fees, billing schedules, and payout timing are described in your campaign details or agreement. Payments may be processed by third-party providers such as Stripe, and your use of those services is subject to their terms. Creators are responsible for any taxes owed on payouts. Unless a written agreement states otherwise, fees paid are non-refundable once Content has been delivered and approved.
9. Acceptable Use
You agree not to:
- Submit false, misleading, or infringing information or content.
- Contact other users to take campaigns or payments off the Platform in order to avoid Pollen fees.
- Scrape, copy, reverse engineer, or interfere with the Platform.
- Post content that is unlawful, hateful, harassing, sexually explicit, or harmful.
- Use the Platform for any unlawful purpose.
10. Intellectual Property
The Pollen name, logo, software, design, and all Platform materials (excluding user content) are owned by Pollen or its licensors and protected by law. You may not copy, modify, or reuse them without our written permission.
11. Suspension and Termination
You may stop using the Platform at any time. We may suspend or terminate your access if you violate these Terms, fail to pay amounts owed, or use the Platform in a way that could harm Pollen or other users, or for any other reason or no reason, in our sole discretion. Sections that by their nature should survive termination (including content licenses already granted, payment obligations, disclaimers, and limitations of liability) will survive.
12. Disclaimers
The Platform is provided "as is" and "as available." Pollen does not guarantee specific results from any campaign, including views, sales, or ad performance, and does not guarantee that the Platform will be uninterrupted or error-free. Pollen is not responsible for the conduct of brands or creators on the Platform.
13. Limitation of Liability
To the fullest extent permitted by law, Pollen will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenue. Our total liability for any claim relating to the Platform will not exceed the amount you paid to Pollen in the three (3) months before the claim arose.
14. Indemnification
You agree to defend and hold Pollen harmless from any claims, losses, or expenses (including reasonable attorneys' fees) arising from your Content, your use of the Platform, or your violation of these Terms or any law.
15. Changes to These Terms
We may update these Terms from time to time. When we do, we will update the "Last Updated" date above. Material changes will be communicated by email or Platform notification. Continued use of the Platform after changes take effect means you accept the updated Terms.
16. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes will be resolved in the state or federal courts located in Delaware.
17. Dispute Resolution.
In the event of any dispute between you and a brand related to Content provided (or agreed to be provided) through the Pollen platform, you agree that Pollen is not an indispensable party to such dispute, and further agree not to make Pollen a party to any proceeding related to such dispute. To the extent that there is a dispute between you and Pollen, you agree that such dispute will be resolved by arbitration before a single arbitrator of the American Arbitration Association in New York, NY, and that the arbitrator’s decision will be final and binding.
17. Contact Us
Spread Pollen LLC
66 W Broadway, Suite 206, New York, NY 10007
hi@zagged.com