realfluencers.co

1. Who We Are

RealFluencers is an influencer marketing agency, technology platform and creator discovery and catalogue service operated by UBERFLUG COLOMBIA S.A.S., a company incorporated in Colombia and domiciled in Bogotá, Colombia (“RealFluencers”, “we”, “us”).

RealFluencers works with brands, agencies, creators and other professional partners in Colombia, Latin America and international markets.

These Terms govern the use of RealFluencers websites, digital tools, Creator Database, Creator Search, RealFluencers Creators and other services, unless a separate written agreement expressly provides otherwise.

RealFluencers services are principally intended for business and professional use (B2B).

2. What RealFluencers Does

RealFluencers provides influencer marketing and creator-related services, which may include:

• Creator scouting, mapping, discovery and selection
• Creator recommendations and shortlists
• Campaign strategy and creator squad design
• Creative strategy and campaign development
• Outreach and negotiation
• Creator coordination and management
• Campaign activation and execution
• Content coordination and approvals
• Reporting, measurement and optimization
• Ongoing influencer marketing operations
• Creator-generated content and related services
• Technology, search, data and creator intelligence services
• Other influencer marketing services agreed with a Client

RealFluencers may provide these services directly, through third parties or in collaboration with creators, agencies, representatives, technology providers and specialist partners.

3. Specific Services and Activation Formats

RealFluencers also offers specific products, services and activation formats, which may include:

• Creator Call
• Post4Perks
• ContentDrop
• Clusters & Communities
• GuestList
• Celebrity Share
• Creator Desk (assisted creator sourcing, selection, pricing/negotiation and dedicated human support)
• Other current or future RealFluencers services

These services may operate under different participation rules, pricing structures, creator compensation models, deliverables, timelines and cancellation conditions.

The applicable conditions may be established through a proposal, quotation, order, Statement of Work, campaign brief, service page, subscription, written confirmation or supplemental service terms.

Where specific service conditions conflict with these Master Terms, the specific conditions will apply to that service.

This means that RealFluencers does not need to reproduce the complete mechanics and pricing of every product or activation format in these Terms.

4. Creator Database, Creator Search and Creator Intelligence

RealFluencers maintains a Creator Database and related creator intelligence resources that may include professional information obtained from:

• Public professional information and other lawfully accessible sources
• Creator social-media profiles and channels
• Social platforms and APIs
• Licensed databases and data providers
• Third-party technology and analytics providers
• Internal research
• Information supplied directly by creators
• Information generated through RealFluencers’ professional activities

This information may be used to identify, organize, research and evaluate creators for potential professional collaborations and to support RealFluencers creator discovery, selection and campaign services.

RealFluencers processes and uses this information subject to applicable law, platform rules, contractual rights, third-party licences and the RealFluencers Privacy and Personal Data Processing Policy.

A creator appearing in the Creator Database does not necessarily mean that the creator has registered with RealFluencers, endorsed RealFluencers, agreed to work with RealFluencers or become part of RealFluencers Creators.

Creator Database: RealFluencers’ broader database of creators identified through research, professional information, licensed sources, third-party data and other lawful sources.

Creator Search: RealFluencers’ intelligent search functionality over the Creator Database, allowing users to discover creators using search criteria and natural-language descriptions.

RealFluencers Creators: creators who have affirmatively opted in or completed onboarding with RealFluencers and have authorized RealFluencers to create, display and promote their professional profile as provided in these Terms.

The fact that information is publicly accessible online does not by itself mean that it may be freely processed, reproduced or reused for any purpose. RealFluencers will process and display personal data, images and content relating to creators who have not opted into RealFluencers Creators only where such use is permitted by applicable law, platform terms, licence, authorization or another valid legal basis. Unless such basis exists, RealFluencers will not use a non-opt-in creator’s profile image for commercial catalogue display.

The Creator Database may include both creators identified through lawful external sources and creators who are part of RealFluencers Creators. Creator Search is the search functionality over that database; it is not a separate creator pool or an indication that a creator has opted in.

5. RealFluencers Creators

RealFluencers Creators is the name used for the opt-in creator layer of the RealFluencers ecosystem.

A creator becomes part of RealFluencers Creators by voluntarily registering, applying, onboarding or otherwise expressly accepting participation.

As part of onboarding, the creator must affirmatively accept these Terms electronically through a non-preselected checkbox or equivalent affirmative mechanism. RealFluencers may retain a record of that acceptance. Where applicable law requires separate authorization for personal-data processing, image/profile use, commercial communications or another specific purpose, RealFluencers will obtain that authorization through a separate affirmative mechanism.

RealFluencers Creators is intended for creators aged 18 or older. A creator under 18 may participate only where expressly accepted by RealFluencers and where all authorizations required by applicable law have been obtained from the creator’s parent or legal representative, taking into account the creator’s rights and best interests.

By opting into RealFluencers Creators and providing any separate authorization required by applicable law, the creator authorizes RealFluencers to collect, organize, store, update and use professional information supplied by the creator, including, where applicable:

• Name and professional name
• Image and profile photographs
• Biography and professional information
• Social-media accounts and handles
• Location
• Categories and areas of interest
• Portfolio information
• Audience and performance information
• Rates and commercial information
• Collaboration preferences
• Contact information
• Metrics and other professional information voluntarily provided

RealFluencers may use this information to:

• Create and maintain the creator’s RealFluencers profile
• Display the creator as part of RealFluencers Creators and in RealFluencers creator catalogues
• Make the creator searchable through Creator Search and other RealFluencers tools
• Recommend the creator to brands, agencies and potential Clients
• Include the creator in mappings, shortlists and proposals
• Present professional opportunities to the creator
• Contact the creator regarding campaigns and collaborations
• Operate and improve RealFluencers services and creator intelligence
• Promote RealFluencers Creators and the RealFluencers creator ecosystem
• Promote RealFluencers and its professional services

Being part of RealFluencers Creators does not create an employment relationship, guarantee campaign opportunities or require the creator to accept any particular collaboration.

6. Creator Name, Image and Profile Authorization

By opting into RealFluencers Creators and providing the applicable affirmative image/profile authorization during onboarding, the creator grants RealFluencers a non-exclusive, worldwide and royalty-free authorization to use the creator’s:

• Name and professional name
• Image and profile photographs
• Biography
• Social-media handles
• Professional profile
• Portfolio materials voluntarily supplied
• Other approved professional information

for the purposes described in these Terms.

This includes displaying and sharing the creator’s profile through:

• RealFluencers websites
• Creator catalogues, Creator Search and other creator discovery tools
• Client and agency shortlists
• Proposals and presentations
• RealFluencers credentials
• RealFluencers corporate social-media channels
• Communications promoting RealFluencers Creators and RealFluencers services
• Other reasonable professional and commercial communications relating to RealFluencers services

RealFluencers may make reasonable technical adaptations to these materials, such as resizing, cropping, formatting or adapting them for different digital formats.

RealFluencers may not materially distort the creator’s identity, falsely attribute statements to the creator or imply that the creator endorses a specific third-party brand or campaign when no such relationship exists.

This authorization does not give RealFluencers or any Client unlimited commercial rights over the creator’s image or content.

Campaign-specific rights — including paid advertising, whitelisting, boosting, exclusivity, media rights, content licensing, duration, territory or other commercial exploitation — must be agreed separately for the applicable campaign.

For the avoidance of doubt, acceptance of these Terms and participation in RealFluencers Creators do not constitute a blanket assignment or unlimited licence of the creator’s image rights, intellectual property or content. Any use exceeding the purposes expressly authorized under these Terms must be supported by the applicable campaign-specific agreement or other valid authorization.

7. Removal from RealFluencers Creators

Creators may request removal from RealFluencers Creators by contacting:

[email protected]

Following a valid request, RealFluencers will remove the creator from the active RealFluencers Creators layer and discontinue future use of the creator’s opt-in profile for catalogue and promotional purposes within a reasonable operational period.

Removal does not:

• Retroactively invalidate uses lawfully made before the request
• Affect obligations relating to campaigns or agreements already in progress
• Prevent RealFluencers from retaining information required for legal, contractual, accounting, fraud-prevention or legitimate record-keeping purposes

Any continued use of the creator’s image or content will remain subject to applicable law and any specific rights previously agreed for an active campaign.

8. Creators Working With RealFluencers

Creators participating in campaigns or professional collaborations generally act as independent professionals and are not employees of RealFluencers.

The conditions of each collaboration may include:

• Deliverables
• Compensation
• Timing
• Content requirements
• Approvals
• Exclusivity
• Usage rights
• Disclosure obligations
• Cancellation conditions
• Other campaign-specific requirements

These may be established through a brief, order, proposal, collaboration agreement or other written confirmation.

Creators remain responsible for complying with applicable advertising, intellectual-property, platform, consumer-protection and disclosure requirements relevant to their work.

RealFluencers may require creators to clearly identify sponsored or commercial communications in accordance with applicable laws, regulations and platform rules

8.1 Account Security, Identity Verification and Account Recovery

Account credentials and verified contact information are personal to the applicable user and must not be shared or transferred.

RealFluencers may use reasonable authentication and identity-verification measures to protect creator profiles, accounts and personal information against unauthorized access, impersonation, fraudulent modification or deletion. The level of verification applied may vary according to the sensitivity and risk of the requested action.

8.1.1 Level 1 – Ordinary Account Operations

For ordinary account operations that do not materially affect control of the account or sensitive personal information, RealFluencers may rely on an authenticated session, access to the registered email address or another standard account-verification mechanism reasonably associated with the user.

8.1.2 Level 2 – Sensitive Account Actions

Certain sensitive account actions may require enhanced or two-step verification. These actions may include changes to the primary email address or authentication information, changes to a verified telephone number, changes to an authorized representative or manager, replacement of recovery methods, access to sensitive account information, account recovery, deactivation or permanent account deletion.

Enhanced or two-step verification may require two reasonably independent verification factors, which may include access to the registered email address together with a one-time code delivered to a previously verified telephone number, confirmation through a previously linked account or platform, a passkey or authenticator, or another proportionate verification method selected by RealFluencers according to the risk involved.

8.1.3 Level 3 – Exceptional Recovery and Loss of Authentication Access

If a user no longer has access to a previously registered authentication method, RealFluencers may initiate an alternative identity-verification procedure before modifying authentication credentials, transferring control of an account, deactivating a profile or processing another sensitive request.

Depending on the circumstances and the level of risk, RealFluencers may request a proportionate combination of information or evidence reasonably necessary to identify the relevant profile and determine whether the request originates from the legitimate account holder. Such evidence may include identification of the profile, a previously registered telephone number, confirmation through a social-media account already linked to the profile, historical account information reasonably known to the account holder and, only where necessary, an identification document or other reinforced verification evidence.

Any declaration by the requester regarding loss of access to a registered email address or other authentication method may be retained as supporting evidence of the request, but will not by itself constitute conclusive proof of identity

RealFluencers will apply data-minimization, security and proportionality principles when requesting additional verification information and will not request information that is disproportionate to the security risk involved.

Where RealFluencers cannot reasonably verify that a request to replace or modify authentication credentials originates from the legitimate account holder, RealFluencers may decline to transfer or modify the authentication credentials associated with the existing account. Where appropriate, and once the identity and deletion request have been sufficiently validated, RealFluencers may instead deactivate or delete the existing profile and allow the creator to complete a new onboarding process using new verified credentials.

Requests relating to access, correction, updating, deletion, suppression or revocation of personal data will also be handled in accordance with the RealFluencers Privacy and Personal Data Processing Policy and applicable data-protection law. RealFluencers may temporarily restrict access to, suspend or secure an account where there are reasonable indications of unauthorized access, impersonation, compromised credentials or other circumstances that may jeopardize the security of the account or personal information.

8.2 Representatives and Managers

A creator may provide contact details of an authorized manager, representative or agency. Such designation does not transfer ownership or control of the creator profile to that person. RealFluencers may require confirmation from the creator before permitting a representative to modify profile information, authentication credentials, authorizations or account settings. A former manager or representative may request correction or removal of their own personal information, subject to reasonable identity and request verification

9. RealFluencers Portfolio and Case-Study Rights

Where a creator participates in a campaign or professional collaboration managed, coordinated or executed by RealFluencers, the creator authorizes RealFluencers to identify that collaboration as part of RealFluencers’ professional experience and portfolio.

Unless otherwise agreed for a specific campaign, RealFluencers may use:

• The creator’s name
• The creator’s image
• Publicly published campaign content
• Reasonable excerpts or screenshots of public campaign materials
• The name of the campaign or participating brand where disclosure is permitted
• Public campaign information

for legitimate portfolio and credentials purposes, including:

• RealFluencers website and case studies
• Credentials and commercial presentations
• Corporate social-media communications
• Awards and industry submissions
• PR and professional communications about RealFluencers’ work

This authorization is limited to documenting, demonstrating and promoting RealFluencers’ professional work.

This portfolio and case-study authorization remains subject to the limitations established in Section 6. It does not constitute a blanket assignment or unlimited licence of the creator’s image rights, intellectual property or content, and any use exceeding the purposes expressly authorized under these Terms requires the applicable campaign-specific agreement or other valid authorization.

For clarity, this portfolio authorization does not permit new paid advertising using the creator’s image, whitelisting, resale or licensing of the creator’s image or content to unrelated third parties, or any new endorsement unrelated to the original collaboration, unless separately authorized.

RealFluencers will also respect confidentiality obligations agreed with the Client or creator.

10. Clients

RealFluencers Clients generally include brands, agencies, companies, institutions and other professional organizations acquiring RealFluencers services for purposes related to their business or professional activity.

Clients are responsible for:

• Providing accurate campaign and commercial information
• Providing lawful instructions and materials
• Ensuring that claims relating to their products or services are lawful
• Respecting creator intellectual-property and image rights
• Using creator content only within the agreed scope
• Making payments in accordance with agreed conditions
• Complying with applicable advertising and consumer-protection rules

Where RealFluencers works for another agency, services may be provided on a confidential or white-label basis as agreed between the parties.

11. Creator Selection, Data and Campaign Results

RealFluencers uses professional judgment, market experience, creator information, technology and third-party data to support creator discovery, selection and campaign decisions.

Creator metrics, audience information, rates, platform statistics and similar information may originate from creators, social platforms, APIs, analytics providers, public sources or other third parties. Such information may change over time and may not always be independently verifiable.

RealFluencers does not guarantee the permanent accuracy or availability of information originating from third parties.

Unless expressly agreed in writing, RealFluencers does not guarantee specific campaign results, reach, impressions, engagement, sales, conversions or other performance outcomes because these may depend on creators, audiences

12. Fees and Commercial Conditions

The applicable RealFluencers fees and commercial conditions will be disclosed before the relevant service is contracted.

Different services may use different pricing models, including:

• Project fees
• Agency or management fees
• Fixed fees
• Subscriptions or retainers
• Creator fees
• Production fees
• Media or amplification costs
• Success- or performance-related components
• Product or service exchange
• Other agreed commercial structures

Creator costs, production, travel, media, technology, third-party expenses and applicable taxes may be charged separately where appropriate.

The applicable proposal, quotation, order or service-specific conditions will determine the commercial structure for each engagement.

13. Online Payments

Where RealFluencers enables online payment, transactions may be processed through third-party payment providers such as Stripe or another authorized payment processor.

Payment transactions may therefore also be subject to the payment provider’s applicable terms and privacy policies.

RealFluencers does not necessarily receive or store complete payment-card information processed directly by the payment provider.

A Client is responsible for ensuring that the payment method used is valid and that the Client is authorized to use it.

Payment-processing fees, currency conversion and applicable taxes may apply as disclosed at the time of purchase

14. Cancellations and Refunds

Cancellation, rescheduling and refund conditions may vary depending on the service and will be established in the relevant proposal, order, campaign terms or supplemental service conditions.

Where creators, production, travel, media or third-party expenses have already been committed, those amounts may be non-refundable where expressly disclosed and legally permitted.

Nothing in these Terms excludes any mandatory right that cannot legally be waived.

15. Intellectual Property

The RealFluencers name, trademarks, website, technology, software, creator database structure, search interfaces, methodologies, designs, texts, reports and other proprietary materials are owned by RealFluencers or used under licence.

Users may not, without authorization:

• Systematically scrape RealFluencers services
• Extract or reproduce RealFluencers databases
• Copy substantial portions of creator information
• Resell RealFluencers data
• Reverse engineer RealFluencers technology
• Reproduce or commercially exploit RealFluencers proprietary materials

Creators retain ownership of their own intellectual property except for rights specifically licensed or transferred under these Terms or an applicable campaign agreement.

Clients receive only those rights in creator content that are expressly granted for the applicable project

16. Privacy and Personal Data

RealFluencers processes personal information in accordance with applicable data-protection laws and the current RealFluencers Privacy and Personal Data Processing Policy.

Acceptance of these Terms is separate from any consent or authorization for the processing of personal data that applicable law requires to be obtained separately. Where such authorization is required, UBERFLUG COLOMBIA S.A.S. will obtain it through an appropriate affirmative mechanism and retain evidence of the authorization in accordance with the applicable Privacy Policy

Depending on the applicable service, RealFluencers may process information directly or through technology, cloud, analytics, data, communications and other service providers located in Colombia or internationally.

Where required, RealFluencers will use appropriate mechanisms for international transfers or transmissions of personal information.

Data subjects may exercise applicable rights of access, updating, correction, deletion, suppression and revocation through the channels established in the applicable Privacy or Data Treatment Policy

17. Third-Party Platforms and Services

RealFluencers may interact with or rely on social networks, APIs, analytics providers, creator-data providers, payment processors and other third-party technologies.

These services operate independently and may have their own terms, policies and technical restrictions.

RealFluencers is not responsible for changes, outages, algorithm modifications, access restrictions, discontinued APIs or other events controlled by third-party platforms and outside RealFluencers’ reasonable control.

18. Liability

RealFluencers is responsible for the professional services that it directly undertakes to provide, subject to the applicable agreement and mandatory law.

To the maximum extent legally permitted, RealFluencers will not be liable for indirect, consequential, speculative or unforeseeable losses arising from circumstances outside its reasonable control

RealFluencers is not responsible for independent acts or omissions of creators, Clients, social platforms or unrelated third parties to the extent that such acts or omissions are outside RealFluencers’ contractual obligations and reasonable control, except where liability legally corresponds to RealFluencers.

To the maximum extent permitted by applicable law, RealFluencers’ aggregate liability arising out of or relating to a specific engagement will not exceed the fees actually paid to RealFluencers for that specific engagement. This limitation does not apply where such limitation is prohibited by applicable law.

Nothing in these Terms excludes, limits or modifies any liability or right that cannot lawfully be excluded, limited or waived under applicable law

19. International Services

RealFluencers may provide services to Clients, agencies and creators located outside Colombia and may execute campaigns in multiple countries.

The parties remain responsible for complying with mandatory laws applicable to their activities in the relevant jurisdictions

Unless a separate agreement identifies another contracting entity, governing law or dispute mechanism, UBERFLUG COLOMBIA S.A.S. is the RealFluencers contracting and operating entity and these Terms are governed by the laws of the Republic of Colombia.

Any dispute between professional or business parties that cannot be resolved amicably will be submitted to the competent courts of Bogotá, Colombia, unless otherwise agreed in writing.

Nothing in this provision overrides mandatory laws that must legally apply in another jurisdiction.

20. B2B Nature and Mandatory Rights

RealFluencers services are principally designed for Clients acquiring influencer marketing services as part of their professional or commercial activity.

Accordingly, the relationship is generally business-to-business rather than consumer-facing.

However, where mandatory consumer, e-commerce or other statutory protections legally apply to a particular transaction, nothing in these Terms is intended to eliminate rights that cannot validly be waived.

21. Changes to These Terms

RealFluencers may update these Terms to reflect changes to its business, services, technology or applicable law.

Material changes will apply prospectively and will be made available through reasonable means.

An update will not retroactively alter already agreed commercial terms unless permitted by law or agreed between the parties.

22. Contact, Requests and Complaints

General questions, contractual requests, complaints or other communications regarding RealFluencers may be sent to:

[email protected]

Requests by creators to leave RealFluencers Creators or remove an active opt-in creator profile may be sent to:

[email protected]

RealFluencers

Operated by UBERFLUG COLOMBIA S.A.S.

Bogotá, Colombia

The applicable Privacy Policy, Data Treatment Policy and Cookie Policy complement these Terms.

Electronic Acceptance

Where a creator or other user is required to accept these Terms electronically, clicking or checking the corresponding non-preselected acceptance box, or using another affirmative electronic mechanism, constitutes affirmative acceptance of these Terms.

RealFluencers may retain electronic records reasonably necessary to evidence such acceptance, including the identity or account associated with the acceptance, date and time, version of the Terms accepted and other technical records reasonably necessary to demonstrate the acceptance.

Where applicable law requires a separate authorization for the processing of personal data, image/profile use, commercial communications or another specific purpose, such authorization will be obtained through a separate non-preselected checkbox or other affirmative mechanism and recorded independently from acceptance of these Terms. For creators joining RealFluencers Creators, the applicable onboarding authorization may cover the processing and use of the creator’s professional information, name, profile and image for the purposes described in Sections 5 and 6.