Terms of Service

123 Collabs is a managed creator-collaboration agency that matches brands with creators and facilitates collaborations, including contracts, invoicing, and payouts.

Specific collaborations may be governed by separate agreements, which control over these Terms to the extent they conflict for that collaboration.

Brands are billed through invoices, which are due as stated on the invoice. Creator payouts are made to verified accounts after the brand approves the posted content and in accordance with the applicable campaign agreement.

You are responsible for any taxes applicable to amounts you receive. We are not obligated to pay for deliverables that do not comply with the agreed instructions or these Terms.

You retain ownership of the content you submit through the Services ('User Content'). You grant 123 Collabs and, as necessary to run a collaboration, the relevant brand, a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, use, reproduce, modify (for formatting), display, and distribute your User Content for the purposes of operating the Services and carrying out the collaboration.

You represent and warrant that you own or have all rights necessary to grant this license and that your User Content does not violate any law or third-party right.

The Services, including all software, text, graphics, logos, and trademarks, are owned by or licensed to 123 Collabs and are protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for their intended purpose.

You may not copy, modify, distribute, sell, lease, reverse-engineer, scrape, or create derivative works from any part of the Services except as expressly permitted.

The Services interoperate with third-party platforms (such as Instagram and other social networks) and rely on third-party providers. Your use of those platforms is governed by their own terms, and we are not responsible for them or for their availability, content, or practices.

THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE,' WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY COLLABORATION WILL ACHIEVE PARTICULAR RESULTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, 123 COLLABS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100.

Nothing in these Terms limits liability that cannot be limited under applicable law, including under California Civil Code section 1668 for fraud, willful injury, or violation of law.

You agree to indemnify, defend, and hold harmless 123 Collabs and its officers, directors, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your User Content, your use of the Services, your breach of these Terms, or your violation of any law or third-party right.

We may suspend or terminate your access to the Services at any time, with or without cause or notice. You may stop using the Services at any time and may delete your account from within the app.

Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules.

Any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by JAMS under its applicable rules, seated in Sacramento County, California, rather than in court — except that either party may bring an individual claim in small-claims court or seek injunctive relief to protect intellectual-property rights.

YOU AND 123 COLLABS AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. YOU AND 123 COLLABS WAIVE THE RIGHT TO A JURY TRIAL.

You may opt out of this arbitration agreement by emailing hello@123collabs.com within 30 days of first accepting these Terms; opting out will not affect the other provisions of these Terms.

Apex Performance Marketing, Inc. (d/b/a 123 Collabs) can be reached, c/o its Registered Agent, at 10866 Wilshire Blvd, Suite 1500, Los Angeles, CA 90024, USA, and at hello@123collabs.com.

Under California Civil Code section 1789.3, California users are entitled to the following notice: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

We respect intellectual-property rights and respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act (DMCA). If you believe content on the Services infringes your copyright, send a notice with the information required by the DMCA to hello@123collabs.com (Attn: DMCA Agent).

We may remove infringing content and terminate the accounts of repeat infringers.

We may update these Terms from time to time. When we do, we will revise the 'Last updated' date above. Changes are effective when posted, and your continued use of the Services after that means you accept the updated Terms.

Questions about these Terms can be sent to Apex Performance Marketing, Inc. (d/b/a 123 Collabs) at hello@123collabs.com.