Terms of Service

Terms and Conditions

Terms and Conditions for Memberd – Creators
Last updated September 2021. Introduction
Welcome to Memberd (the “App”).
This page tells you the terms on which you may use our App. Please read carefully before use.
By using the App, you accept the terms and agree to obey them. If you don’t accept them, please don’t use the App, and don’t set up a profile as a Creator (defined below).
These terms are our entire agreement, and no previous statements or representations that we have made to you form part of this agreement unless they are contained within this page.
2. Who We Are
Memberd is operated by Memberd Limited, a UK Limited company registered in England under company number 11978332. Our registered address is at 71-75 Shelton Street, London, United Kingdom, WC2H 9JQ.
3. Use of the App
3.1 You have permission for temporary use of the App, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
3.2 You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).
3.3 You agree to follow our acceptable use policy, which is available on our App.
3.4 If you allow anyone else to use our App, you must make sure that they read these terms first, and that they follow them.
3.5 You must only use the App as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.
3.6 We frequently update the App and make changes to it, but we don’t have to do this, and material on the App may be out-of-date. No material on the App is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on the App by anyone.
3.7 We follow our privacy policy in handling information about you, which is available on our App.
3.8 By using the App, you agree to us handling this information and confirm that data you provide is accurate.
3.9 We do not warrant that the App will be error-free or available at all times, and we shall not be held liable for this.

4. Using the App as a Creator
4.1 The App is run on the basis of monthly subscriptions, payable by the users of the App (the “Followers”). The Followers pay a monthly subscription fee to receive content from you (the “Subscription Fee”), as an “Creator”. The App recommends particular Influencers to Followers based on the preferences set by Followers in their user profile.
4.2 Of the Subscription Fee, a percentage is allocated to the Creator (the “Commission”). Each Creator will receive a percentage proportion of the Commission.
4.3 We shall pay you on a monthly basis, in arrears, within [30 days] of the previous month end.
4.4 By using the App as an Creator, you confirm and agree that:
4.4.1 you are a business, and therefore any applicable consumer law or regulation does not apply to you;
4.4.2 you are not an employee, worker, agent or partner of Memberd Limited, and you will not give the impression that you are;
4.4.3 you are fully responsible for all your own tax, including national insurance contributions arising from acting as an Creator on the App, and you will indemnify us against any fine or other punishment imposed on us because you failed to pay your tax or national insurance contributions; and
4.4.4 you will comply with all applicable law, regulations and guidelines at all times when using the App.
4.5 At certain times, there may be (but there is not guaranteed to be) opportunities to pay to advertise your Creator profile within the App, such that Followers are provided with greater exposure to your profile. When such advertising opportunities become available, we will notify you of this, and the advertising will be charged at the advertising rates set a the time.
5. Your Obligations
5.1 You must do the following things:
5.1.1 cooperate with us at all times in order to provide the App to Followers;
5.1.2 post regular content on the App;
5.1.3 comply with our acceptable use policy when posting content, including but not limited to refraining from posting unlawful, obscene or defamatory material on the App; and
5.1.4 ensure your organisation complies with the General Data Protection Regulation and the UK Data Protection Act 2018.
5.2 We may decide, in our absolute and sole discretion, that you have breached any of the requirements of clause 5.1 and, in such a situation, your access to the App shall be immediately revoked and you shall no longer be entitled to use the App or receive payments in accordance with clause 4 above.
5.3 We may terminate your status as a Creator, and remove your access to the App, at any time for any reason whatsoever. In such a case, your entitlement to payments in accordance with clause 4 shall end at the end of the month you were last classed as a Creator.
5.4 You may terminate your status as a Creator at any time by deactivating your account on the App.
6. Intellectual Property Rights
6.1 Creators are the owner or licensee of all intellectual property rights in the content posted on the App (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
6.2 Users are allowed to print one copy and download extracts of any page on the App for their personal reference, but not for commercial use without a licence from you. They must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.
6.3 If they breach these terms, they lose the right to use the App, and must destroy or return any copies they have made.
6.4 We own the trademark Memberd, and you are not permitted to use this trademark without our permission.
7. Our Legal Responsibility to You
7.1 We do not guarantee the accuracy of material on our App. As far as legally possible, we exclude legal responsibility for the following:
7.1.1.Any loss to you arising from use of our App
7.1.2.Loss of income, profit, business, data, contracts, goodwill or savings
7.1.3.Any consequential or special loss whatsoever
7.2 We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
7.3 We do not exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
7.4 We shall not be responsible for any acts or omissions of you or the Followers. If there is an issue that arises between you and the Follower, this shall be an issue between both of you, and we shall not be a party to any issue. We shall bear no liability for any issue that arises between a Creator and a Follower.
7.5 Our liability under these terms is limited to the amount paid to you under clause 4 during the period of this agreement.
7.6 We shall not be liable to you for failure or delay in carrying out these terms, where this is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest, explosions, mechanical breakdown, natural disasters, deliberate damage, or failures of suppliers or sub-contractors to do what they are supposed to.
8. Uploading to our App
8.1 If you contact other users of our App or upload material to it, you must follow our acceptable use policy, which sets out standards for usage, and is available on our App. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.
8.2 Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.
8.3 We won’t be legally responsible to anybody for the accuracy of material that you upload to the App, and we can remove content at any time if we think it doesn’t follow our acceptable use policy.
9. Computer Offences
9.1 If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the App will end straightaway. We will report you to the relevant authorities and give them your identity.
9.2 Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
9.3 You must not try to get access to our App or server or any connected database or make any ‘attack’ on the App. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via our App.
10. Links to Our App
10.1 You are allowed to make a legal link to our App’s homepage from your App if the content on your App meets the standards of our acceptable use policy. We can end this permission at any time.
10.2 You must not suggest any endorsement by us or association with us unless we agree in writing.
11. Links From Our App
Links from our App Platform to other Apps are for information only. We don’t control them and don’t accept responsibility for other Apps or any materials found upon them or any loss you suffer from using them.
12. Variation
We change these terms from time to time and you must check them for changes as they are binding for the use of the App.
13. Applicable Law
13.1 The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
13.2 The English courts have the only right to hear claims related to our App, and all disputes are governed by English law.
13.3 We are allowed to assign, transfer, charge or sub-contract our rights and obligations under this contract, but you may not do any of these things unless we have previously agreed in writing that you can.
13.4 Nobody other than the parties to these terms may rely on any of these terms.
13.5 If either party wishes to give a notice to the other under these terms, each party must give it in writing and send it by email. Your email address, for the purposes of this clause, shall be the email address displayed on your account on the App. Our email address for notices is hello@memberd.com. This arrangement does not apply to the service of any documents in legal proceedings.

14. Contact Us
Please email us at hello@memberd.com to contact us about any issues.


Terms and Conditions for Memberd – Followers
Last updated September 2021
1. Introduction
Welcome to Memberd (the “App”).
This page tells you the terms on which you may use our App. Please read carefully before use.
By using the App, you accept the terms and agree to obey them. If you don’t accept them, please don’t use the App, and don’t set up a profile as a Follower (defined below). When you register with the App, you are deemed to accept these terms, and a contract is made between you and Memberd.
These terms are our entire agreement, and no previous statements or representations that we have made to you form part of this agreement unless they are contained within this page or expressly stated to do so.
2. Who We Are
Memberd is operated by Memberd Limited, a UK Limited company registered in England under company number 11978332. Our registered address is 71-75 Shelton Street, London, United Kingdom, WC2H 9JQ.
3. Use of the App
3.1 You have permission for temporary use of the App, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
3.2 You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we hold the right to disable any security information we see fit. (including your passwords and codes).
3.3 You agree to follow our acceptable use policy, which is available on our App.
3.4 If you allow anyone else to use our App, you must make sure that they read these terms first, and that they follow them.
3.5 You must only use the App as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.
3.6 We frequently update the App and make changes to it, however we are not obligated to do so, and material on the App may be out-of-date. No material on the App is intended to contain advice, and you should not rely on it. We exclude all legal responsibility and costs for reliance placed on the App by anyone.
3.7 We follow our privacy policy in line with the law in handling information about you, which is available on our App.
3.8 By using the App, you agree to us handling this information and confirm that the data you provide is accurate.
3.9 We do not warrant that the App will be error-free or available at all times, and we shall not be held liable for this.
4. Using the App as a Follower
4.1 The App is run on the basis of monthly subscriptions and, by subscribing for the App and creating a profile, you are required to pay a monthly subscription fee (the “Subscription Fee”) to receive content from certain Creators (a “Creator”). You use the App (as a “Follower”) as a means of following the content presented by certain Creators. The App recommends particular Creators to Followers based on the preferences set by you in your user profile on the App.
4.2 The Subscription Fee is paid though [stripe].
4.3 As a Follower, you are deemed to be a consumer under UK law. This means you are afforded certain protections under the law. You must only use the App for private/domestic use.
4.4 In terms of applicable consumer legislation, you have rights in relation to anything you download. We must ensure that, as digital content, the App is:
4.4.1 of satisfactory quality;
4.4.2 fit for purpose; and
4.4.3 as described by us.
4.5 If the App is not of satisfactory quality, unfit for purpose or not as described, we have the opportunity to repair the App. If the App is:
4.5.1 not able to be repaired;
4.5.2 repairing the App is disproportionate to the value of the App;
4.5.3 repairing the App would be significantly inconvenient to us;
4.5.4 repairing the App would take unreasonably long; or
4.5.5 repairing the App has been unsuccessful,
then you may be entitled to a full or partial refund.
4.6 As the App is a digital download, by downloading it, you hereby consent to waive the 14-day cooling off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
5. Terminating Your Access to the App
We may terminate your access to the App at any time if you breach our acceptable use policy.

6. Intellectual Property Rights
6.1 The Creators are the owners or licensees of all intellectual property rights in the App (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
6.2 You are not allowed to print or download extracts of any page on the App for your personal reference or use external to viewing the content on the App, or for commercial use without a licence from the Influencer. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.
6.3 If you breach these terms, you lose your right to use our App, and must destroy or return any copies you have made.
6.4 We own the trademark [Memberd], and you are not permitted to use this trademark without our permission.
7. Our Legal Responsibility to You
7.1 We do not guarantee the accuracy of material on our App. As far as legally possible, we exclude legal responsibility for the following:
Any loss to you arising from use of our App
Loss of income, profit, business, data, contracts, goodwill or savings
Any consequential or special loss whatsoever
7.2 We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
7.3 We do not exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
7.4 We shall not be responsible for any acts or omissions of you or the Creators. If there is an issue that arises between you and the Creator, this shall be an issue between both of you, and we shall not be a party to any issue. We shall bear no liability for any issue that arises between a follower and a Creator.
7.5 We shall not be liable to you for failure or delay in carrying out these terms, where this is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest, explosions, mechanical breakdown, natural disasters, deliberate damage, or failures of suppliers or sub-contractors to do what they are supposed to.
8. Uploading to our App
8.1 If you contact other users of our App or upload material to it, you must follow our acceptable use policy, which sets out standards for usage, and is available on our App. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.
8.2 Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.
8.3 We won’t be legally responsible to anybody for the accuracy of material that is uploaded to the App, and we can remove it at any time if we think it doesn’t follow our acceptable use policy.
9. Computer Offences
9.1 If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the App will end straightaway. We will report you to the relevant authorities and give them your identity.
9.2 Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
9.3 You must not try to get access to our App or server or any connected database or make any ‘attack’ on the App. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via our App.
10. Links to Our App
10.1 You are allowed to make a legal link to our App’s homepage from your App if the content on your App meets the standards of our acceptable use policy. We can end this permission at any time.
10.2 You must not suggest any endorsement by us or association with us unless we agree in writing.
11. Links From Our App
Links from our App Platform to other Apps are for information only. We don’t control them and don’t accept responsibility for other Apps or any materials found upon them or any loss you suffer from using them.
12. Variation
We change these terms from time to time and you must check them for changes because they are binding on you.
13. Applicable Law
13.1 The parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
13.2 The English courts have the only right to hear claims related to our App, and all disputes are governed by English law.
13.3 We are allowed to assign, transfer, charge or sub-contract our rights and obligations under this contract, but you may not do any of these things unless we have previously agreed in writing that you can.
13.4 Nobody other than the parties to these terms may rely on any of these terms.
13.5 If either party wishes to give a notice to the other under these terms, each party must give it in writing and send it by email. Your email address, for the purposes of this clause, shall be the email address displaying on your account on the App. Our email address for notices is hello@memberd.com. This arrangement does not apply to the service of any documents in legal proceedings.

14. Contact Us
Please email us at Hello@memberd.com to contact us about any issues.