Terms of Service

By creating an account, accessing, or using the Ohquire Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use our Services. We reserve the right to modify these Terms at any time, and your continued use of the Services following any such modification constitutes your acceptance of the modified Terms.

You must be at least 18 years of age to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

Ohquire provides a business-to-business ("B2B") software-as-a-service ("SaaS") platform designed to facilitate influencer marketing and outreach campaigns. Our Services include, but are not limited to:

• Campaign management tools for organizing and tracking influencer outreach
• Profile discovery and management capabilities for identifying potential influencer partners
• Analytics and reporting features for measuring campaign performance
• Integration capabilities with third-party platforms and services
• Administrative tools for team and workflow management

The specific features available to you may vary based on your subscription plan. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.

3.1 Account Registration

To access certain features of our Services, you must create an account. When registering, you agree to provide accurate, current, and complete information about yourself and your organization, and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use strong, unique passwords and enable multi-factor authentication when available
• Not share your account credentials with any third party
• Immediately notify Ohquire of any unauthorized use of your account
• Log out from your account at the end of each session when using shared devices

3.3 Customer vs. User Distinction

In these Terms, "Customer" refers to the organization or legal entity that has entered into a subscription agreement with Ohquire. "Users" refers to individuals who are authorized by the Customer to access and use the Services. The Customer is responsible for all Users' compliance with these Terms.

You agree not to use the Services to:

• Violate any applicable law, regulation, or third-party rights
• Send unsolicited or unauthorized advertising, spam, or bulk messages
• Engage in any activity that interferes with or disrupts the Services
• Attempt to gain unauthorized access to any portion of the Services or related systems
• Use automated means (bots, scrapers, etc.) to access the Services except as expressly permitted
• Reverse engineer, decompile, or disassemble any part of the Services
• Impersonate any person or entity or misrepresent your affiliation
• Upload or transmit malware, viruses, or other malicious code
• Collect or harvest any information from the Services without authorization
• Violate the terms of service of any third-party platforms integrated with our Services

We reserve the right to investigate and take appropriate action against any violations of this policy, including suspending or terminating your access to the Services.

5.1 Ohquire's Intellectual Property

The Services, including all software, algorithms, user interfaces, designs, text, graphics, logos, and other content (excluding User Content), are owned by Ohquire or its licensors and are protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Services except for the limited license to use the Services as described herein.

5.2 License to Use Services

Subject to your compliance with these Terms and payment of applicable fees, Ohquire grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes during your subscription term.

5.3 Feedback

If you provide any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant Ohquire a perpetual, irrevocable, royalty-free license to use, modify, and incorporate such Feedback into the Services without any obligation to you.

6.1 Ownership of User Content

You retain all ownership rights in any data, information, or content that you upload, submit, or otherwise provide through the Services ("User Content"). Ohquire does not claim ownership of your User Content.

6.2 License to User Content

By uploading User Content to the Services, you grant Ohquire a worldwide, non-exclusive, royalty-free license to use, process, store, and display your User Content solely as necessary to provide the Services to you. This license terminates when you delete your User Content or terminate your account, except as required for backup or legal purposes.

6.3 User Content Responsibilities

You represent and warrant that:

• You have all necessary rights to upload and use the User Content
• The User Content does not infringe any third-party rights
• You have obtained all necessary consents for any personal data included in the User Content
• Your use of imported profile data complies with applicable laws and platform terms of service

Our collection and use of personal data in connection with the Services is described in our Privacy Policy. By using the Services, you acknowledge and agree to the data practices described therein.

7.1 Data Processing Agreement

For enterprise customers processing personal data of EU/EEA residents, a Data Processing Agreement ("DPA") may be required. Please contact us at legal@ohquire.com to request a DPA.

7.2 Sub-processors

Ohquire uses third-party service providers to help deliver the Services. A current list of sub-processors is available upon request. We will notify Customers of any changes to sub-processors that may affect the processing of personal data.

7.3 Data Security

We implement appropriate technical and organizational measures to protect User Content and personal data against unauthorized access, loss, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure.

8.1 Subscription Fees

Access to certain features of the Services requires payment of subscription fees. Fees are specified in your order form or subscription agreement and are due according to the payment terms stated therein.

8.2 Payment Terms

All fees are non-refundable except as expressly stated in these Terms or required by law. We may suspend your access to the Services if payment is overdue by more than 30 days.

8.3 Price Changes

We may change our fees upon 30 days' prior notice. Fee changes will take effect at the start of your next subscription term. Your continued use of the Services after a fee change constitutes your acceptance of the new fees.

Each party agrees to maintain the confidentiality of any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information").

Confidential Information does not include information that: (a) is or becomes publicly available without breach of these Terms; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) is lawfully obtained from a third party.

Ohquire will not access, use, or disclose your User Content except as necessary to provide the Services or as required by law.

10.1 Limited Warranty

Ohquire warrants that the Services will perform substantially in accordance with the applicable documentation during your subscription term. Our sole liability and your exclusive remedy for breach of this warranty is, at our option, to repair or replace the non-conforming Services or refund the fees paid for the affected period.

10.2 Disclaimer

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. OHQUIRE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

11.2 Liability Cap

OHQUIRE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO OHQUIRE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11.3 Exceptions

The limitations in this section do not apply to: (a) breaches of confidentiality obligations; (b) a party's indemnification obligations; (c) gross negligence or willful misconduct; or (d) violations of the other party's intellectual property rights.

12.1 Your Indemnification

You agree to indemnify, defend, and hold harmless Ohquire and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

12.2 Ohquire's Indemnification

Ohquire will indemnify and defend you from any third-party claims that the Services, as provided by Ohquire, infringe any third-party patent, copyright, or trademark, provided you give us prompt notice and reasonable cooperation.

13.1 Term

These Terms remain effective until your subscription expires or is terminated. Subscriptions automatically renew unless cancelled before the renewal date as specified in your subscription agreement.

13.2 Termination for Cause

Either party may terminate these Terms immediately upon written notice if the other party materially breaches these Terms and fails to cure such breach within 30 days of receiving written notice.

13.3 Effect of Termination

Upon termination: (a) your right to access the Services will cease immediately; (b) you must pay all outstanding fees; (c) Ohquire will delete your User Content within 90 days unless legally required to retain it; and (d) provisions that by their nature should survive will survive termination.

13.4 Data Export

Upon request made within 30 days of termination, Ohquire will make your User Content available for export in a standard machine-readable format.

14.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws principles.

14.2 Arbitration

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Wilmington, Delaware, unless the parties agree otherwise.

14.3 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

We may modify these Terms at any time by posting the revised Terms on our website. For material changes, we will provide at least 30 days' notice via email or through the Services.

If you do not agree to the modified Terms, you must stop using the Services before the effective date of the changes. Your continued use of the Services after the effective date constitutes your acceptance of the modified Terms.

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable order forms, constitute the entire agreement between you and Ohquire regarding the Services.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

16.4 Assignment

You may not assign these Terms without our prior written consent. Ohquire may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.

16.5 Force Majeure

Neither party shall be liable for any failure to perform due to causes beyond its reasonable control, including natural disasters, war, terrorism, or government actions.

16.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

If you have any questions about these Terms, please contact us: