Terms of Service

Last updated: March 9, 2026

Welcome to BuzzNear. These Terms of Service ("Terms") govern your access to and use of the BuzzNear platform. By creating an account, you agree to be bound by these Terms.

1. Platform Overview

BuzzNear is a marketplace connecting local businesses with local influencers and content creators. The platform facilitates discovery, collaboration agreements, payment processing through escrow, and campaign completion tracking.

2. Anti-Circumvention Clause

2.1 Non-Circumvention Period

Any business-creator relationship discovered or facilitated through BuzzNear (whether by direct match, search, browse, application, or any other means on the platform) is subject to a 24-month non-circumvention period beginning from the date of first contact or introduction.

2.2 Platform Fee Obligation

During the 24-month period, both parties agree that:

• All transactions, collaborations, campaigns, and paid work between the introduced parties must be conducted through the BuzzNear platform
• BuzzNear's standard platform fee (15% commission) applies to all transactions
• Any attempt to conduct business outside the platform to avoid fees is a material breach of these Terms

2.3 Circumvention Penalties

If either party circumvents the platform to transact directly (whether through direct payment, cash, Venmo, PayPal, bank transfer, or any other means), the violating party agrees to:

1. Immediately pay BuzzNear the full 15% commission that would have been owed on the off-platform transaction
2. Reimburse BuzzNear for any legal fees or costs incurred in enforcing this clause
3. Accept immediate termination of their BuzzNear account without refund

2.4 Good Faith Exception

This clause does not apply if:

• The business and creator had an existing working relationship documented before using BuzzNear (proof of prior collaboration required)
• The parties independently reconnect more than 24 months after their first BuzzNear introduction

3. Platform Fees & Payments

3.1 Commission Structure

BuzzNear charges a 15% platform fee on all transactions. This fee is automatically deducted from the campaign budget before funds are placed in escrow.

3.2 Escrow Terms

• Deposit: When a business accepts a creator application, the full campaign amount (minus platform fee) is held in escrow
• Release: Funds are released to the creator when the business marks the campaign as complete
• Disputes: If either party disputes completion, they may open a dispute through the platform. BuzzNear will review submitted content and resolve within 5 business days
• Refunds: Refunds are only issued if a creator fails to deliver content or violates the campaign agreement

3.3 Withdrawal & Payout

Creators can withdraw earnings to their linked bank account. Payouts are processed within 3-5 business days. A minimum withdrawal amount of $25 applies.

4. User Responsibilities

4.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to immediately notify BuzzNear of any unauthorized use.

4.2 Accurate Information

All profile information (follower counts, engagement rates, business details, location) must be accurate and truthfully represented. Falsifying metrics or information is grounds for immediate account termination.

4.3 Content Standards

• Creators must deliver content that matches the agreed-upon campaign brief
• Content must comply with FTC disclosure guidelines (e.g., #ad, #sponsored)
• Content must not violate platform policies or applicable laws
• Businesses must not request content that violates creator rights, platform policies, or laws

5. Prohibited Conduct

Users may not:

• Share contact information in public profiles or campaign briefs with intent to circumvent the platform
• Harass, threaten, or abuse other users
• Post misleading, fraudulent, or illegal content
• Use the platform for any purpose other than legitimate business collaborations
• Attempt to scrape, copy, or steal data from the platform
• Create multiple accounts to manipulate the marketplace

6. Account Termination

BuzzNear reserves the right to suspend or permanently ban any account that:

• Violates the anti-circumvention clause
• Engages in fraudulent activity
• Receives multiple legitimate complaints from other users
• Violates any provision of these Terms

Terminations are final. Banned users may not create new accounts. Funds held in escrow at the time of termination will be distributed according to the status of active campaigns.

7. Content Ownership & Licensing

7.1 Creator Content

Creators retain ownership of content they create. By accepting a campaign, creators grant the business a non-exclusive, worldwide license to use the content for promotional purposes as specified in the campaign agreement.

7.2 Platform License

By using BuzzNear, you grant the platform a limited license to display your profile, portfolio, and campaign content for the purpose of operating the marketplace.

8. Dispute Resolution

If a dispute arises regarding campaign completion, either party may open a dispute through the platform within 7 days of the campaign deadline. BuzzNear will review evidence (content drafts, communication logs, campaign brief) and issue a binding decision.

9. Limitation of Liability

BuzzNear is a marketplace platform. We do not:

• Guarantee the quality, safety, or legality of content created by users
• Guarantee campaign results, follower authenticity, or engagement rates
• Assume liability for disputes between businesses and creators beyond our escrow and dispute resolution services

BuzzNear's total liability to any user is limited to the amount of fees paid to the platform in the 12 months preceding the claim.

10. Changes to Terms

BuzzNear may update these Terms at any time. We will notify users of material changes via email or platform notification. Continued use of the platform after changes constitutes acceptance of the updated Terms.

11. Governing Law

These Terms are governed by the laws of the State of Illinois. Any disputes shall be resolved in the courts of Cook County, Illinois.

12. Contact

Questions about these Terms? Contact us at legal@buzznear.polsia.app