Terms of Service

1Agreement to these terms

These Terms of Service (the “Terms”) are a binding agreement between you and [Legal Entity Name, LLC] (“Tracktion,” “we,” “us” or “our”). They govern your use of https://tracktion.org, the booking form on it, and any services we provide unless a signed agreement between us says otherwise.

By visiting this site, submitting the booking form or working with us, you accept these Terms and our Privacy Policy. If you do not accept them, do not use the site.

Please read section 19 carefully. It requires most disputes to be resolved by binding individual arbitration and waives your right to a jury trial and to participate in a class action.

2Who may use the site

You may use this site only if you are 18 or older and legally able to enter into a contract. If you are using it on behalf of a company, brand or other organisation, you represent that you are authorised to bind it, and “you” means both you and that organisation.

You may not use the site if we have previously terminated your access, or if doing so would breach sanctions or other applicable law.

3What we do — and what we do not promise

Tracktion is an organic influencer marketing agency. Depending on what we agree, our work may include creator sourcing and vetting, market and trend research, campaign management and creative direction, performance tracking and reporting, and scaling successful campaigns into repeat creator partnerships.

We do not guarantee any particular result, and results are not typical or promised. Organic reach depends on platform algorithms, audience behaviour, your product, your pricing, your offer, your website and seasonality — most of which neither we nor any creator controls. Nothing on this site or in a call is a guarantee of views, followers, clicks, conversions, revenue or return on spend.

We are a marketing services provider only. We do not give legal, tax, accounting, medical or regulatory advice, and we are not responsible for whether your products, claims or offers comply with the law. That remains yours to determine, with your own advisors.

4Proposals, campaign agreements and order of precedence

A specific engagement begins only when we both agree to it in writing — a signed proposal, statement of work, order form or an email in which you approve a written scope and price (each, a “Campaign Agreement”). A call, a quote, a slide deck or a verbal discussion does not create an engagement on its own.

Each Campaign Agreement sets out its own deliverables, creator mix, timeline, fees and cancellation terms, and incorporates these Terms. If a Campaign Agreement and these Terms conflict, the Campaign Agreement controls for that engagement only.

Statements on this site about how we work — that joining is free, that there are no long-term contracts, that you approve content before it goes live, that a first campaign typically launches within one to two weeks — describe our normal practice. The specifics that bind us are the ones written into your Campaign Agreement.

5Booking a call and the information you submit

The booking form asks for your first name, last name and mobile number. You agree that the information you give us is accurate, that the phone number is yours or that you are authorised to receive messages at it, and that you will keep it up to date.

Submitting the form is a request, not a confirmed appointment. Availability shown on the site is indicative; we confirm the time by text or email, and either of us can reschedule. Booking a call creates no obligation on either side beyond these Terms.

The strategy call is free and carries no purchase requirement. We may decline to work with a brand for any lawful reason, including fit, capacity or category.

6Calls, texts and email

By checking the consent box and submitting the form, you agree that we may contact you by phone call and text message at the number you gave us — including with an automatic dialing system or prerecorded voice — about your enquiry, your campaign and our services. Consent to marketing messages is not a condition of buying anything from us.

Expect up to 6 messages per month. Message and data rates may apply. Reply STOP to any text to stop texts, or HELP for help. Carriers are not liable for delayed or undelivered messages. Full detail, including how we handle your number, is in our Privacy Policy.

Notices we send to the email address or phone number you gave us count as delivered when sent. Keep them current.

7Fees, payment and refunds

• Joining is free. There is no fee to enquire, book a call or receive a proposal. Fees arise only under a Campaign Agreement.
• Fees and creator costs. Unless your Campaign Agreement says otherwise, our fees are separate from amounts payable to creators, and from production costs, paid boosting, product samples and shipping. Quotes are valid for 14 days.
• Deposits. Campaigns generally require payment or a deposit before work begins. Deposits are earned on receipt and are non-refundable once we have commissioned creators or begun production, because those commitments cannot be recalled.
• Payment terms. Invoices are due within 15 days unless stated otherwise. Overdue amounts accrue interest at the lower of 1.5% per month or the maximum the law allows, and you reimburse reasonable costs of collection. We may pause or stop work on an overdue account after notifying you.
• Disputed invoices. Tell us in writing within 10 days of the invoice date, with detail. Undisputed portions remain due. Invoices not disputed in that window are treated as accepted.
• Taxes. Fees exclude sales, use, VAT and similar taxes, which are yours to pay other than taxes on our income.
• Chargebacks. Raise a billing problem with us first. Initiating a chargeback for services already delivered is a breach of these Terms.
• Refunds. Fees for work already performed and amounts already committed to creators are non-refundable. We are not a performance guarantee: as explained in section 3, an underperforming campaign is reviewed and iterated, not refunded, unless your Campaign Agreement says otherwise.

8Your responsibilities

To let us do the work, you agree to:

• give us accurate brand information, product details, assets and approvals, and respond to briefs and drafts in reasonable time — delays on your side move the timeline;
• hold all rights needed in the trademarks, logos, images, music, product designs and copy you send us, and grant the licence in section 10;
• ensure your products are legal to sell and to advertise in the markets targeted, and that your claims — health, income, efficacy, pricing, comparative or otherwise — are truthful and substantiated;
• comply with the Federal Trade Commission’s Endorsement Guides and each platform’s branded-content rules, including honest reviews and clear disclosure of paid partnerships;
• handle any customer data you obtain through a campaign in line with applicable privacy and marketing law, including consent to text or email;
• ship product samples to creators on time, at your cost, where the campaign calls for them;
• keep your own accounts, pixels and analytics access secure, and tell us promptly if access you gave us should be revoked.

If you ask us to publish, script or direct something we consider misleading, unlawful or in breach of platform rules, we may decline without that being a breach of our obligations to you.

9Creators are independent

Creators are independent third parties, not our employees, agents or partners. We source, vet, brief and manage them, and we contract with them, but we do not control their accounts, their audiences, their personal conduct or what a platform does with their content.

We vet creators on real engagement, audience demographics and past campaign performance, and we present what we find honestly. We do not warrant the accuracy of platform-reported metrics, that a creator’s audience is free of inauthentic accounts, that a creator will not later post something you dislike, or that a creator’s account will remain active.

Where a creator breaches their agreement with us, our remedy is against that creator; we will use commercially reasonable efforts to enforce it or to substitute an equivalent creator, and that is the extent of our responsibility for their conduct.

10Content, licences and intellectual property

Our site

The site, its design, text, graphics, video edits, software and the Tracktion name and logo are owned by us or our licensors and protected by intellectual property law. You may view and share the site for its intended purpose. You may not copy, scrape, frame, mirror, sell or use it to build a competing service or to train a machine-learning model, without our written permission.

Your brand assets

You keep ownership of everything you send us. You grant us and the creators working on your campaign a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt and display your trademarks, product images and other materials for the purpose of planning, producing, publishing and reporting on your campaign.

Campaign content

Rights in content a creator produces are set by that creator’s agreement — typically a licence for defined uses, platforms and time periods, sometimes with paid-usage or whitelisting rights for an additional fee. Your rights in campaign content are only as broad as the rights we obtained; do not assume you own it outright or may run it as a paid ad indefinitely. If you need broader rights, ask before the campaign is briefed and we will price it.

Our portfolio

Unless you tell us in writing not to, we may identify you as a client and show campaign content, screenshots and non-confidential performance results in our portfolio, case studies and marketing. You may withdraw that permission for future use at any time by emailing johndemic@tracktion.org.

Feedback

If you send us ideas or suggestions about our services, we may use them without restriction or compensation.

11Testimonials, examples and figures on this site

Reviews, ratings, follower counts, creator handles, campaign examples and revenue figures shown on this site are illustrations of past work or of the kind of work we do. They are not a promise, projection or guarantee of what your brand will achieve. Individual results vary widely, and some brands see no measurable return.

Testimonials reflect the experience of the person who gave them. Charts and figures used in illustrations of our process are representative, not audited financial statements. Third-party trademarks and creator names appear for identification only and do not imply endorsement by, or affiliation with, those parties.

12Third-party platforms and services

Campaigns run on platforms we do not control, including TikTok, Instagram and YouTube, and rely on third-party tools for scheduling, analytics, payments and messaging. Your use of those platforms is governed by their terms, and they can change their rules, algorithms, features or availability, or remove or restrict content and accounts, at any time. We are not affiliated with or endorsed by them, and we are not responsible for their acts, omissions or outages, including any effect on a live campaign.

13Acceptable use

You agree not to:

• submit false information, impersonate anyone, or use a phone number you are not entitled to use;
• use the site or our services for anything unlawful, deceptive, defamatory, harassing, or infringing;
• promote products or claims that are illegal in the target market, or that we have told you we will not represent;
• buy engagement, use bot traffic, or otherwise attempt to manipulate platform metrics on a campaign we run;
• interfere with the site’s operation or security, probe or scan it, bypass rate limits, or access it by automated means beyond ordinary search-engine crawling;
• solicit creators introduced to you through us to work around us during the campaign or for six months after it ends, unless you had a pre-existing relationship with that creator.

14Confidentiality

Each of us may learn non-public information from the other — pricing, creator rates, strategy, unreleased products, performance data. Each of us agrees to use the other’s confidential information only to perform under these Terms, to protect it with reasonable care, and not to disclose it except to people who need it and are bound by similar obligations. This does not apply to information that is public, already known, independently developed, or that must be disclosed by law — provided the disclosing party gives reasonable notice where permitted. These obligations last three years after our relationship ends, and for trade secrets, as long as they remain trade secrets.

15Term, cancellation and termination

These Terms apply while you use the site and while any Campaign Agreement is in effect. We do not lock you into long-term contracts: each campaign stands on its own, and you decide whether to run the next one.

Either of us may terminate a Campaign Agreement for convenience with written notice as set out in it. On termination you pay for work performed and for commitments already made to creators; work in progress stops; and each of us returns or deletes the other’s confidential information on request.

Either of us may terminate immediately if the other materially breaches and fails to cure within 10 days of written notice, or becomes insolvent. We may suspend or terminate your access to the site at any time if you breach these Terms. Sections on fees already accrued, content licences, confidentiality, disclaimers, limitation of liability, indemnification and dispute resolution survive termination.

16Disclaimers

THE SITE AND OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the site will be uninterrupted, timely, secure or error-free, that content on it is accurate or current, that any campaign will achieve a particular outcome, or that any third-party platform will behave in a particular way. We provide our services with reasonable skill and care; that is the standard we accept, and it is not a warranty of results.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

17Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST GOODWILL, LOST OR CORRUPTED DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE SIX MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

These limits do not apply to your payment obligations, to either party’s indemnification obligations, or to liability that cannot be limited by law — including fraud, wilful misconduct and gross negligence. They apply even if a remedy fails of its essential purpose, and they reflect an allocation of risk that is part of the basis of our pricing.

18Indemnification

You will defend, indemnify and hold harmless [Legal Entity Name, LLC] and its officers, employees and contractors from third-party claims, damages, liabilities and reasonable legal fees arising out of: your products, services, offers or advertising claims; materials or instructions you gave us; your breach of these Terms or of applicable law, including advertising, consumer-protection, privacy and messaging law; and your infringement of anyone’s intellectual property or privacy rights. We will notify you of the claim, let you control the defence with counsel we reasonably approve, and cooperate at your expense; you may not settle in a way that imposes obligations on us without our consent.

19Dispute resolution and binding arbitration

Read this section carefully. It affects how claims between us are resolved, and it limits your rights to a jury trial and to bring a class action.

Talk to us first

Before starting an arbitration or lawsuit, the complaining party must send a written notice of dispute to the other — to us at johndemic@tracktion.org or [Street Address, City, State ZIP] — describing the claim and the relief sought. We each agree to try in good faith to resolve it informally for 30 days. This step is a condition of bringing a claim, and it pauses any applicable limitation period.

Binding individual arbitration

If we cannot resolve a dispute informally, any claim arising out of or relating to these Terms, our services, this site or our relationship — whether in contract, tort, statute or otherwise — will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its rules then in effect, rather than in court. The Federal Arbitration Act governs this section. One arbitrator will decide, including questions about the scope, enforceability or arbitrability of this section, other than the class-action waiver below, which only a court may decide.

Arbitration will take place in [City, State], or by phone, video or document submission if you prefer and the administrator allows it. The arbitrator may award the same individual relief a court could, and the award may be entered as a judgment in any court with jurisdiction. Arbitration is more informal than a lawsuit: discovery is limited and there is no jury.

No class actions

Claims must be brought in your individual capacity, not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding, and the arbitrator may not consolidate claims or preside over any representative proceeding. If this waiver is held unenforceable as to a particular claim, that claim — and only that claim — must proceed in court, and the rest of this section still applies.

Exceptions

• Either of us may bring an individual claim in small-claims court if it qualifies.
• Either of us may seek injunctive or other equitable relief in court to stop infringement or misuse of intellectual property or confidential information.
• Nothing here prevents either of us from reporting a matter to a government agency.

Your right to opt out of arbitration

You may reject this arbitration agreement by emailing johndemic@tracktion.orgwith the subject line “Arbitration opt-out” and your name and contact details within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms, and it will not be held against you.

Time limit

Any claim must be brought within one year after it arises, or it is permanently barred, unless applicable law forbids shortening the period that way.

20Governing law and venue

These Terms and any dispute between us are governed by the laws of the State of [State], excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods. For any matter not subject to arbitration, we each consent to the exclusive jurisdiction and venue of the state and federal courts located in [City, State], and each waive any objection to that venue and any right to a jury trial.

21Changes to these terms

We may update these Terms as our services and the law change. The effective date at the top shows the current version. If a change is material we will give reasonable notice — by email, by text if that is how we have been communicating, or by a notice on this site — before it takes effect. Changes are not retroactive, and they do not alter a Campaign Agreement already signed. Continuing to use the site or our services after a change takes effect means you accept the revised Terms; if you do not, stop using them and tell us.

22General terms

• Entire agreement. These Terms, our Privacy Policy and any Campaign Agreement are the entire agreement between us on their subject matter, and supersede prior discussions, proposals and representations.
• Independent contractors. We are independent contractors. Nothing here creates a partnership, joint venture, agency or employment relationship, and neither of us may bind the other.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
• Subcontracting. We may use creators, freelancers and vendors to perform our obligations, and we remain responsible for the work they do for you.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including platform outages or policy changes, acts of government, labour disputes, natural disasters and network failures.
• Severability and waiver. If a provision is unenforceable, it is modified to the minimum extent needed or severed, and the rest stays in force. Not enforcing a provision is not a waiver of it.
• No third-party beneficiaries. These Terms benefit only you and us.
• Notices. Legal notices to us go to johndemic@tracktion.org and to [Street Address, City, State ZIP]. Notices to you go to the email address or phone number you gave us.
• Electronic agreement. You consent to contracting electronically; a checkbox, an emailed approval or an e-signature has the same effect as a handwritten signature.
• Headings and interpretation. Headings are for convenience. “Including” means “including without limitation.”

23How to contact us

See also our Privacy Policy.