General Terms and Conditions between Wizads and User
1. Parties
1.1. Wizads: ContentPampa LLC, with registered address at 1209 Mountain Rd Pl NE Ste N, Albuquerque, NM 87110, USA, EIN 37-2161293.
1.2. User: The individual who accepts these T&Cs and acts as an Influencer or Content Creator, as the case may be.
2. Definitions
2.1. Influencer: An individual with their own audience on social media platforms who, in exchange for compensation, publishes promotional content on their profiles relating to the products or services of the Advertiser, without transferring ownership of such content, but granting Wizads and the Advertiser a limited license to use the content as set forth in Section 7.2.
2.2. Content Creator: An individual who, in exchange for compensation, produces original pieces of content (User Generated Content) intended for the commercial use of the Advertiser and Wizads. The Content Creator irrevocably assigns all exploitation rights over such content as set forth in Section 7.1.
2.3. Advertiser: A client of Wizads whose product or service is promoted through the collaboration governed by these T&C.
2.4. Work Order: A document or email issued by Wizads and addressed to the User detailing the scope, deadlines, deliverables, and compensation for a specific campaign. Written confirmation by the User makes the Work Order binding and subject to these T&C.
2.5. Content: Audiovisual, graphic, audio, written, or other materials produced and/or published by the User in a specific social media platform in fulfillment of a Work Order.
2.6. User: the Influencer or the Content Creator, as the case may be.
2.7. Wizads: has the meaning assigned to in Article 1.
3. Purpose
These T&C govern the commercial relationship between Wizads and the User, whether acting as an Influencer or Content Creator, for the creation and/or publication of Content in advertising campaigns managed by Wizads.
4. Nature of the relationship
4.1. The relationship is strictly commercial and independent; no employment, partnership, or agency relationship exists.
4.2. The User is solely responsible for their own tax, social security, and any other applicable obligations.
5. Work Orders and approval process
5.1. Wizads shall issue Work Orders during the term of these T&C.
5.2. Each Work Order will specify: (i) objectives and creative brief; (ii) number and type of pieces; (iii) publication requirements (for Influencers); (iv) deadlines; and (v) compensation.
5.3. For Influencers, all Content must be approved by Wizads and the Advertiser prior to publication.
5.4. For Content Creators, approval will occur after delivery of the final pieces to Wizads.
6. Delivery and retention of Content
6.1. The User shall deliver or publish the pieces in accordance with the Work Order and shall not delete them during the authorized usage period (12 months unless otherwise agreed).
6.2. The User shall provide Wizads with URLs, screenshots, or final files evidencing correct publication or delivery.
7. Intellectual property rights and licenses
7.1. Content Creators
a) The Content Creator irrevocably assigns to Wizads and the Advertiser, on an exclusive basis, all economic rights to the Content for an initial period of 12 months from acceptance of the Content.
b) The assignment includes the right to reproduce, distribute, publicly display, adapt, and create derivative works in any medium and territory.
c) Any renewal or extension must be agreed in writing.
7.2. Influencers
a) The Influencer retains ownership of the Content but grants Wizads and the Advertiser a non-exclusive, worldwide, royalty-free, and sublicensable license to reproduce, distribute, and publicly display the Content for 12 months for promotional purposes of the campaign.
b) The license does not authorize substantial alteration of the work without the Influencer’s prior consent, except for format or duration adaptations necessary for dissemination.
7.3. The User waives any objection to the use of the Content by Wizads or the Advertiser within the terms set forth above.
8. Compensation and payments
8.1. Compensation is determined in each Work Order and will be paid within 15 days after: (i) acceptance and/or successful publication of the Content; and (ii) actual receipt of the corresponding payment from the Advertiser.
8.2. Payments will be made by bank transfer or another method agreed in writing.
9. User obligations and warranties
9.1. The User guarantee that the Content is original and does not infringe third-party rights.
9.2. The User guarantee that he complies with all applicable laws and regulations, including platform policies and FTC or equivalent guidelines (e.g., #Ad, #Sponsored labeling).
9.3. Refrain from making false, misleading, or unsubstantiated claims about the product or service.
9.4. Maintain the confidentiality of non-public information provided by Wizads or the Advertiser.
9.5. Not assign or delegate their obligations without the prior written consent of Wizads.
10. Personal data protection
10.1. The Parties shall process personal data in accordance with applicable law, including Regulation (EU) 2016/679 ("GDPR") and, where applicable, the New Mexico Privacy Act and other relevant U.S. regulations.
10.2. Purpose of processing: Wizads will only use the personal information provided by the User to manage contractual relationships, process payments, evaluate campaign performance, and comply with legal obligations.
10.3. Legal basis: performance of this contract, compliance with legal obligations, and, where applicable, the explicit consent of the data subject.
10.4. User rights: access, rectification, erasure, objection, restriction, and portability, which may be exercised by sending a request to legal@wizads.ai or to the postal address indicated in Section 1.1.
10.5. Wizads undertakes to implement appropriate technical and organizational measures to ensure the confidentiality, integrity, and availability of personal data. Access by third-party providers shall be governed by data processing agreements or equivalent contracts.
10.6. Once the contractual relationship has ended, data will be retained for the periods required by applicable law and, thereafter, will be deleted or anonymized.
11. Limitation of liability
11.1. Wizads shall not be liable for any indirect, special, or punitive damages arising from the performance of these T&C.
11.2. Except in cases of willful misconduct or gross negligence, Wizads’s total liability shall be limited to the amount actually paid to the User in the 30 days prior to the event giving rise to the claim.
12. Term and termination
12.1. These T&C shall have an initial term of 12 months from acceptance and will automatically renew for successive periods of 12 months unless written notice of non-renewal is given at least 30 days in advance.
12.2. Either party may terminate early:
a) for material breach by the Wizads or the User not remedied within 10 days;
b) by mutual written agreement between Wizads and the User;
12.3. Upon termination:
(i) For Content Creators, exploitation rights already assigned remain in force for the agreed period.
(ii) For Influencers, the license over the Content continues until the end of the 12-month period or as otherwise agreed in the Work Order.
13. Governing law and jurisdiction
These T&C are governed by the laws of the State of New Mexico, USA. Any dispute shall be submitted exclusively to the competent courts of said State, to whose jurisdiction the Parties irrevocably submit.
14. Digital acceptance
By selecting the “I ACCEPT THE TERMS AND CONDITIONS” button or taking an equivalent action, the User declares:
a) To have sufficient legal capacity to be bound; and
b) To undertake to fully comply with the obligations set forth herein.