Terms of Service

By accessing or using the An Up Star platform, website, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services. These Terms apply to all visitors, users, brands, and creators who access or use the Services. An Up Star reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Services following any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

An Up Star provides a micro-influencer marketing platform that connects brands with content creators ("Influencers" or "Creators") for the purpose of product seeding campaigns, user-generated content creation, and social media marketing. Our Services include: • Brand campaign creation and management tools • Influencer discovery and matching technology • Campaign analytics and reporting dashboards • Product seeding coordination and fulfillment • Content review and approval workflows • Communication tools between brands and creators An Up Star acts as a marketplace facilitator and is not responsible for the actions, content, or representations of individual brands or creators on the platform.

To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must be at least 18 years of age to create an account. By creating an account, you represent and warrant that you meet this age requirement. An Up Star reserves the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.

Brands using the An Up Star platform agree to: • Provide accurate product descriptions and campaign briefs • Ship products to selected influencers in a timely manner • Comply with all applicable advertising disclosure laws (including FTC guidelines) • Not request content that is misleading, defamatory, or violates third-party rights • Pay all applicable platform fees as outlined in your subscription agreement • Maintain accurate billing information Brands acknowledge that An Up Star does not guarantee specific campaign outcomes, follower counts, or engagement metrics beyond what is explicitly stated in the service agreement.

Creators participating in campaigns on the An Up Star platform agree to: • Provide honest, authentic reviews and content based on genuine product experience • Clearly disclose sponsored content in accordance with FTC guidelines using #ad, #sponsored, or equivalent disclosures • Post content within the agreed campaign timeline • Not engage in follower manipulation, fake engagement, or fraudulent activity • Grant brands a non-exclusive license to reuse UGC content as specified in campaign terms • Maintain the minimum follower and engagement thresholds required for campaign participation Creators who fail to fulfill campaign obligations may be removed from the platform and may be required to return received products.

All content, features, and functionality of the An Up Star platform — including but not limited to text, graphics, logos, icons, images, audio clips, and software — are the exclusive property of An Up Star and are protected by United States and international copyright, trademark, and other intellectual property laws. User-generated content created by Creators remains the property of the Creator, subject to the license grants outlined in campaign agreements. By posting content through the platform, Creators grant An Up Star a non-exclusive, worldwide, royalty-free license to display and promote such content for platform marketing purposes.

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. AN UP STAR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AN UP STAR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

An Up Star reserves the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

If you have any questions about these Terms of Service, please contact us at: An Up Star 135 W 50th Street New York, NY 10020 United States Email: [email protected]