Last Updated: May 23, 2025
These Creator Terms of Use (“Terms”) govern your access to and use of the Moneri platform (“Platform”) operated by Moneri Soluções e Serviços Ltda., a company headquartered at Rua Visconde de Inhaúma, 134, 20th Floor, Suite 2001, Parte, Centro, Rio de Janeiro, RJ, Brazil, CEP 20.091-901 (“Moneri,” “we,” “us,” or “our”). The Platform, accessible at www.moneri.com.br, facilitates connections between brands (“Brand Customers”) and digital influencers (“Creators,” “you,” or “your”) for marketing campaigns. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
1. Purpose of the Platform
Moneri provides a cloud-based platform that enables Brand Customers to discover, collaborate with, and manage Creators for digital marketing campaigns on social media platforms, including Instagram and TikTok. The Platform uses login credentials from these third-party services to verify Creator profiles and monitor the delivery of contracted posts. Moneri does not control or create content posted by Creators or Brand Customers and is not responsible for such content, including compliance with applicable laws, such as Brazil’s Consumer Protection Code (Law No. 8.078/1990) and the General Data Protection Law (LGPD, Law No. 13.709/2018).
2. Eligibility
To use the Platform, you must:
- Be at least 18 years old or, if between 13 and 18, be an emancipated minor or have legal parental/guardian consent.
- Provide accurate, current, and complete information during registration.
- Comply with these Terms and all applicable Brazilian laws, including those governing influencer marketing disclosures (e.g., CONAR’s Advertising Self-Regulation Code).
Moneri reserves the right to suspend or terminate your account if you fail to meet these requirements.
3. Creator Account
3.1 Registration
You may create a Creator Account directly on the Platform or via third-party social media services (e.g., Instagram or TikTok) (“Third-Party Accounts” or “TPAs”). By connecting a TPA, you represent that:
- You are entitled to disclose your TPA login information to Moneri.
- You grant Moneri access to your TPA for purposes such as profile verification, post monitoring, and analytics, without breaching the TPA’s terms of service.
- Moneri is not obligated to pay fees or adhere to usage limitations imposed by TPAs.
You are responsible for maintaining the security of your account credentials and must notify Moneri immediately at [email protected] of any unauthorized use.
3.2 Account Responsibilities
You are solely responsible for:
- All content you post on the Platform or TPAs in connection with Moneri campaigns (“Content”).
- Ensuring your Content complies with applicable laws, TPA terms, and campaign guidelines provided by Brand Customers.
- Maintaining accurate account information and updating it as needed.
4. Use of the Platform
4.1 Campaign Participation
Moneri enables Creators to participate in marketing campaigns by:
- Connecting with Brand Customers to negotiate and execute campaign agreements.
- Submitting Content for review and approval by Brand Customers.
- Using Moneri’s tools to track post delivery and performance metrics.
You agree to:
- Follow campaign guidelines and deadlines set by Brand Customers.
- Clearly disclose sponsored Content as required by Brazilian law and CONAR guidelines (e.g., using #ad or #publicidade).
- Not post Content that is unlawful, misleading, or violates third-party rights.
4.2 Third-Party Integration
Moneri uses Instagram and TikTok APIs to verify Creator profiles and monitor post delivery. By connecting your TPA, you authorize Moneri to:
- Access your public profile data, engagement metrics, and posted Content.
- Store and process this data in accordance with Moneri’s Privacy Policy (available at www.moneri.com.br/privacy-policy) and LGPD.
- Share relevant analytics with Brand Customers to evaluate campaign performance.
You may revoke TPA permissions at any time through your Instagram or TikTok settings, but this may limit your ability to participate in campaigns.
5. Content Ownership and Licensing
5.1 Ownership
You retain ownership of your Content, subject to the terms of any campaign agreement with Brand Customers.
5.2 License to Moneri
By posting Content through the Platform, you grant Moneri a non-exclusive, worldwide, royalty-free license to use, store, and display your Content solely for the purpose of operating the Platform and fulfilling campaign requirements.
5.3 License to Brand Customers
Campaign agreements may grant Brand Customers rights to use, reproduce, or distribute your Content for marketing purposes. Such rights will be specified in the campaign terms, including scope, duration, and platforms. Moneri is not responsible for disputes arising from these agreements.
6. Confidentiality
You acknowledge that campaign details, Brand Customer information, and other data shared through the Platform may constitute confidential information (“Confidential Information”). You agree:
- Not to disclose Confidential Information to third parties without prior written consent from Moneri or the Brand Customer.
- To use Confidential Information solely for campaign purposes.
- This obligation does not apply to information that is publicly available, lawfully obtained from a third party, or required to be disclosed by law (with prompt notification to Moneri).
7. Payment and Compensation
Moneri facilitates payments between Brand Customers and Creators as outlined in campaign agreements. Moneri is not responsible for:
- Negotiating compensation terms.
- Ensuring payment by Brand Customers.
- Any tax obligations arising from payments (e.g., ISS or IRPF under Brazilian tax law).
You are responsible for providing accurate payment information and complying with applicable tax regulations.
8. Prohibited Conduct
You agree not to:
- Use the Platform for unlawful purposes or to promote illegal activities.
- Impersonate others or provide false information.
- Interfere with the Platform’s functionality (e.g., through hacking or introducing malware).
- Violate intellectual property rights or TPA terms.
Moneri may investigate and take action, including account suspension, for violations of this section.
9. Termination
Moneri may suspend or terminate your access to the Platform at its discretion, including for:
- Breach of these Terms.
- Violation of applicable laws or TPA terms.
- Inactivity for 12 months.
Upon termination, your right to use the Platform ceases, but obligations regarding confidentiality and Content licenses survive.
10. Disclaimer of Warranties
The Platform is provided “as is” without warranties of any kind, express or implied. Moneri does not guarantee:
- Uninterrupted or error-free access to the Platform.
- The accuracy of analytics or post-delivery tracking.
- The suitability of Brand Customers or campaigns for your needs.
11. Limitation of Liability
To the fullest extent permitted by Brazilian law, Moneri is not liable for:
- Indirect, incidental, or consequential damages arising from Platform use.
- Losses due to third-party actions, including TPA downtime or Brand Customer disputes.
- Damages exceeding the amount paid by you to Moneri (if any) in the prior 12 months.
12. Dispute Resolution
12.1 Negotiation and Mediation
Any disputes arising from these Terms or Platform use will first be addressed through good-faith negotiation. If unresolved, parties agree to attempt mediation in Rio de Janeiro, RJ, Brazil.
12.2 Arbitration
If mediation fails, disputes will be resolved through binding arbitration under the rules of the Brazil-Canada Chamber of Commerce Arbitration Center, conducted in Rio de Janeiro, RJ, in Portuguese. You waive any right to participate in class actions.
12.3 Jurisdiction
If arbitration is not applicable, disputes will be resolved in the courts of Rio de Janeiro, RJ, Brazil, under Brazilian law.
13. Data Protection
Moneri processes personal data in accordance with LGPD and its Privacy Policy. By using the Platform, you consent to the collection, storage, and transfer of your data (including to servers outside Brazil) for Platform operation and campaign purposes. You may exercise your LGPD rights (e.g., data access, correction, or deletion) by contacting [email protected].
14. Amendments
Moneri may modify these Terms at any time. Changes will be posted at www.moneri.com.br/terms and, where required by law, notified to you via email. Continued use of the Platform after changes constitutes acceptance.
15. Contact
For questions or support, contact Moneri at:
- Email: [email protected]
- Address: Rua Visconde de Inhaúma, 134, 20th Floor, Suite 2001, Parte, Centro, Rio de Janeiro, RJ, Brazil, CEP 20.091-901
16. Miscellaneous
- Severability: If any provision of these Terms is deemed invalid, the remaining provisions remain in effect.
- Entire Agreement: These Terms, together with Moneri’s Privacy Policy and campaign agreements, constitute the entire agreement between you and Moneri.
- Language: The legally binding version of these Terms is in Portuguese. This English version is for convenience only.
By accessing or using the Moneri Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms.