Terms of Use

1. Acceptance of Terms

1.1 By accessing or utilizing the Platform, you affirm your acceptance of these Terms.

1.2 Barada Inc. ("Barada") may amend these Terms at any time by posting the updated version on the Platform. The changes become effective upon posting. Your continued use of the Platform after any modification signifies your acceptance of the revised Terms.

2. Definitions

• Platform: The Barada web and mobile application and all related services
• Barada: Refers to Barada Technologies W.L.L., the entity operating the Platform
• Brand ("you"): Any business or organization creating campaigns and engaging creators through the Platform
• Agency: An entity managing multiple Brand accounts on the Platform
• Creator: A social media content creator who participates in campaigns via the Platform
• Campaign: Marketing initiative created by Brands to engage Creators
• Campaign Brief: Detailed requirements and expectations for a Campaign
• Content: Any media created by Creators as part of a Campaign
• Escrow: Secure payment holding system managed by Barada
• AI Matching: Barada's artificial intelligence system for pairing Brands with suitable Creators
• Deliverables: Content and services to be provided by Creators as specified in Campaign agreements

3. Brand Obligations

3.1 Account Information

You must ensure your Brand account information is accurate, complete, and promptly updated whenever changes occur. This includes business registration details, VAT information, and contact information.

3.2 Campaign Creation and Management

• Provide clear, accurate, and complete Campaign briefs
• Specify all deliverables, timelines, and requirements upfront
• Respond to Creator applications
• Review and approve/reject submitted Content

3.3 Payment Obligations

• Fund campaigns in advance through the Platform's escrow system
• Ensure sufficient funds are available before approving Creator applications
• Pay all Platform fees as specified in your subscription plan
• Settle any outstanding balances promptly

3.4 Content Review and Approval

• Review Creator submissions promptly and fairly
• Provide constructive feedback for revision requests
• Not unreasonably withhold approval for Content meeting Campaign requirements
• Release escrow payments upon Content approval

3.5 Compliance

• Ensure all Campaigns comply with GCC regional laws and regulations
• Respect cultural sensitivities and content guidelines
• Obtain necessary permits or approvals for promotional activities
• Comply with advertising standards and disclosure requirements

3.6 Professional Conduct

• Maintain professional communication with Creators
• Respect Creator intellectual property rights
• Not circumvent the Platform for direct engagement with discovered Creators
• Provide timely responses to Platform support requests

4. Platform Services

4.1 AI-Powered Matching

Barada provides AI-powered Creator matching using:

• Campaign AI: Matches campaigns with suitable creators
• Performance AI: Predicts campaign success metrics
• Creative AI: Suggests content optimization
• Scheduling AI: Recommends optimal posting times
• Cultural AI: Ensures regional content appropriateness

4.2 Campaign Management Tools

• Campaign creation and brief templates
• Creator discovery and filtering
• Application review interface
• Content approval workflow
• Performance analytics dashboard
• Multi-campaign management

4.3 Escrow Payment System

• Secure holding of Campaign funds
• Automated payment release upon approval
• Dispute resolution support
• Transaction history and reporting
• Multiple payment method support

5. Payments and Fees

5.1 Subscription Plans

Brands must maintain an active subscription plan. Plans may include:

• Monthly or annual billing options
• Tiered feature access
• Campaign limits
• Creator access levels

5.2 Campaign Funding

• Campaigns must be fully funded before Creator selection
• Funds are held in escrow until Content approval
• Platform fees are deducted as per your subscription plan
• VAT and applicable taxes are additional

5.3 Payment Methods

Accepted payment methods include:

• Credit/debit cards
• Bank transfers
• BenefitPay (Bahrain)
• Regional payment gateways

5.4 Refunds and Cancellations

• Campaign funds may be refunded if no Creators have been selected
• Once Creators are confirmed, cancellation fees apply
• Subscription fees are non-refundable
• Disputed payments will be handled per Section 10

5.5 Late Payments

• Overdue amounts accrue interest at 1.5% monthly
• Account suspension after 30 days overdue
• Collection costs are your responsibility

6. Creator Collaboration

6.1 Creator Selection

• Review Creator profiles and metrics provided by Platform
• Base selection on AI recommendations and your preferences
• Confirm selected Creators within specified timeframe
• Cannot discriminate based on protected characteristics

6.2 No Performance Guarantee

Barada does not guarantee:

• Specific engagement rates or reach
• Sales conversions or ROI
• Follower growth or audience demographics
• Viral content or trending status

6.3 Content Timeline

• Creators have 7 days to publish content after receiving products/services or campaign approval
• Brands must review submitted content within 48 hours
• Maximum of 2 revision rounds unless otherwise agreed
• Final content approval releases escrow payment

6.4 Off-Platform Engagement

• Direct engagement with Platform-discovered Creators outside Barada is prohibited for 12 months
• Violation results in penalty fees equal to 6 months' subscription
• This includes hiring Creators for non-Platform campaigns

7. Intellectual Property

7.1 Content Ownership

• Creators retain copyright to their Content
• Brands receive usage license as specified in Campaign terms
• Standard license includes social media and marketing use
• Extended licenses available for additional fees

7.2 Brand Assets

• You grant Barada license to use your logos and brand materials for Platform operations
• You warrant ownership or permission for all uploaded materials
• You maintain responsibility for trademark and copyright compliance

7.3 Platform Intellectual Property

• All Platform features, AI systems, and branding remain Barada's property
• You may not reverse engineer or copy Platform functionality
• Screenshots and Platform references require prior approval

7.4 Portfolio Rights

Barada may showcase your Campaigns in:

• Case studies and marketing materials
• Platform demonstrations
• Industry reports (anonymized)
• Success stories (with your consent)

8. Termination

8.1 Termination by Brand

• 30 days written notice required
• Must complete all active Campaigns
• Outstanding payments due immediately
• Early termination fees may apply

8.2 Termination by Barada

Barada may terminate immediately for:

• Violation of these Terms
• Non-payment exceeding 30 days
• Fraudulent or illegal activity
• Repeated Creator complaints
• Platform abuse or circumvention

8.3 Effect of Termination

• Active Campaigns must be completed
• Account access will be suspended
• Data export available for 30 days
• Escrow funds returned after obligations met

9. Liability and Indemnification

9.1 Platform Liability

Barada is not liable for:

• Creator non-performance or delays
• Content quality variations
• Campaign performance metrics
• Third-party service interruptions
• Force majeure events

9.2 Limitation of Liability

Barada's maximum liability shall not exceed the fees paid by you in the 6 months preceding the claim.

9.3 Brand Indemnification

You agree to indemnify Barada against claims arising from:

• Your Campaign content or requirements
• Violation of laws or regulations
• Intellectual property infringement
• Disputes with Creators
• Breach of these Terms

9.4 No Warranties

The Platform is provided "as is" without warranties of any kind, express or implied.

10. Dispute Resolution

10.1 Platform Mediation: Initial disputes between Brands and Creators will be mediated through Barada's resolution process.

10.2 Arbitration: Unresolved disputes shall be settled through arbitration under Bahrain Chamber for Dispute Resolution rules.

10.3 Governing Law: These Terms are governed by the laws of the Kingdom of Bahrain.

10.4 Jurisdiction: Courts of Bahrain have exclusive jurisdiction for any legal proceedings.

11. Data Protection and Privacy

11.1 Data Processing: Your use of the Platform is subject to Barada's Privacy Policy.

11.2 Creator Data: You may only use Creator data for Campaign purposes and must comply with applicable data protection laws.

11.3 Confidentiality: You must maintain confidentiality of:

• Creator personal information
• Platform proprietary information
• Campaign performance data of other Brands
• AI algorithm insights

12. Regional Compliance

12.1 GCC Regulations: You must comply with all applicable regulations in Kingdom of Bahrain, Kingdom of Saudi Arabia, United Arab Emirates, and Qatar.

12.2 Content Standards: All Campaigns must respect regional cultural sensitivities and content guidelines.

13. Agency Provisions

13.1 Agency Authority

If you are an Agency acting on behalf of Brands:

• You warrant having authority to bind your clients
• You remain liable for client obligations
• You must maintain client confidentiality
• You cannot commingle client Campaign funds

13.2 Multi-Brand Management

Agencies may manage multiple Brand accounts with:

• Consolidated billing options
• Team member access controls
• Cross-brand analytics (anonymized)
• Bulk Campaign management tools

14. Platform Updates and Maintenance

14.1 Service Availability

• Platform aims for 99.5% uptime
• Scheduled maintenance with 48-hour notice
• Emergency maintenance as needed
• No liability for service interruptions

14.2 Feature Updates

• New features may be added periodically
• Existing features may be modified
• Deprecated features will have 30-day notice
• Beta features provided without warranty

15. General Provisions

15.1 Entire Agreement: These Terms constitute the entire agreement between you and Barada.

15.2 Severability: If any provision is invalid, the remainder continues in full effect.

15.3 Waiver: No waiver is effective unless in writing and signed by Barada.

15.4 Assignment: You may not assign these Terms without Barada's written consent.

15.5 Force Majeure: Neither party is liable for delays due to circumstances beyond reasonable control.

16. Contact Information

For support and inquiries:

Email: legal@barada.io