Trendly Terms of Use

Operator

OOO "USER GENERATED CONTENT"

Platform

https://trendly.uz

Legal notices

[email protected]

These Terms of Use form part of the official documents of the Trendly Platform, govern access to the website, personal accounts, mobile applications, interfaces and other digital services of Trendly, and apply together with the Public Offer and other applicable Platform documents.

1. General provisions

1.1 The Trendly Platform is provided and administered by OOO “USER GENERATED CONTENT” (the “Operator”).

1.2 These Terms determine the rules for the technical and organisational use of the Platform, the licence terms for the mobile application, the requirements for accounts and user content, moderation measures, restrictions and the special conditions for distributing the application through the App Store and Google Play.

1.3 The commercial terms of the Operator’s services, including subscriptions, commissions, settlements and the use of escrow, are determined by the Public Offer, the applicable Tariffs and other Platform documents. The terms of a specific Campaign are formed in the Platform interface and govern the relations between its participants; the Operator does not become a party to such terms unless expressly established by a separate agreement.

1.4 These Terms are governed by the legislation of the Republic of Uzbekistan, and the distribution and use of the mobile application are additionally governed by the mandatory rules of the relevant App Store.

2. Definitions

2.1 Terms defined in the Public Offer are used in these Terms with the same meanings.

2.2 “App Store” means the Apple App Store, Google Play or another official distribution channel for the Trendly mobile application.

3. Acceptance of the Terms and priority of documents

3.1 The User accepts these Terms simultaneously with the acceptance of the Public Offer: by completing registration and/or logging into the Account. After the Platform documents are amended, logging into the Account, confirming via a pop-up notification or following a link from an electronic message in the manner established by the Public Offer also constitutes consent.

3.2 Creating, uploading or transmitting Content is permitted only after these Terms have been accepted in the manner set out in clause 3.1. A User who has not accepted the Terms may not use the corresponding functionality.

3.3 Initial registration of an individual is carried out in the manner provided by the Platform interface and may include confirmation of a phone number, e-mail address, one-time code or other means of authentication. Registration of an Account on behalf of a legal entity is carried out through the state identification system or using an EDS in accordance with clause 4.6 of the Public Offer. Extended verification and an EDS may be required at a later stage to access certain features, participate in Campaigns, make payouts, restore access or comply with statutory requirements.

3.4 These Terms apply together with the Public Offer, the Privacy Policy, the Dispute Resolution Rules, the Tariffs and the terms of the relevant Campaign. Where a particular matter is governed simultaneously by these Terms and the Public Offer, these Terms, as the special document, apply to the extent that they expressly govern that matter; in all other respects the Public Offer applies, unless the mandatory requirements of the legislation of the Republic of Uzbekistan provide otherwise. The terms of a specific Campaign apply only to its individual parameters and do not change the general rules of the Platform.

4. Registration, Account and security

4.1 The User must provide complete, accurate and up-to-date information and update it in good time. Creating fictitious accounts, using another person’s documents and registering without authority are prohibited.

4.2 An individual may register and use the Platform if they have full civil capacity or another statutory basis for performing the relevant legal acts independently. Where mandatory legislation requires the consent of a legal representative, such consent must be obtained before registration. In the standard registration procedure the Operator does not request a date of birth and does not verify age or the existence of a legal representative’s consent, in accordance with clause 5.6 of the Public Offer. After registration the Operator may request the relevant confirmation where required by law, necessary for security or needed to access age-restricted features.

4.3 One User may hold several roles within a single Account where the interface provides for this. Creating multiple Accounts to circumvent restrictions, commissions, ratings, blocks or checks is prohibited.

4.4 The User must keep passwords, one-time codes, access devices and other means of authentication confidential and report unauthorised access without delay.

4.5 Actions performed through the Account are presumed to have been performed by the User. System logs, electronic confirmations and action history have evidentiary value in accordance with clause 9.2 and section 13 of the Public Offer. The procedure for independently restoring access in the event of unauthorised access or compromise of the means of authentication is determined by clause 4.5 of the Public Offer.

4.6 Transferring the Account to a third party without the Operator’s written consent is prohibited. Authorised employees of an organisation may use the Account only within the scope of the rights granted to them.

4.7 The Operator may carry out initial and repeat verification of identity, status, authority, payment details, social accounts and other information where this is necessary for security, a Campaign, a payout, escrow, dispute resolution or compliance with the law.

5. Licence to use the Platform

5.1 Subject to compliance with these Terms, the Operator grants the User a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access the Platform and use its available functionality for the User’s lawful professional activities.

5.2 Downloading and installing the Trendly mobile application, creating an Account and the basic licence to use the application are provided free of charge. Fees may be charged only for individual purchases, subscriptions, services and commissions within the Platform in accordance with the Tariffs and the terms of the specific transaction.

5.3 The licence does not transfer ownership of the Platform, the software code, design, trademarks, databases, algorithms, documentation or other assets of the Operator and rights holders.

5.4 Copying, modifying, decompiling, disassembling, reverse engineering, circumventing technical protection, extracting source code or creating derivative products is prohibited, except where expressly permitted by a mandatory rule of law.

5.5 Automated parsing and scraping, bulk data extraction, unauthorised vulnerability testing, interference with the operation of the Platform and the use of malicious software are prohibited.

5.6 The Operator may release updates, fixes and new versions. Certain updates may be necessary for security or for continued use of the Platform.

6. Status and role of the Operator

6.1 The Operator maintains the functioning of the Platform, provides access to its technical functionality, records electronic actions, carries out moderation and provides other services set out in the Platform documents. Unless expressly established otherwise by a separate written agreement, the Operator is not a representative, agent, employer or party to the obligations between Users, does not determine their individual arrangements and does not guarantee the result of a Campaign. The Operator’s status and the limits of its involvement are determined, in particular, by clauses 3.2-3.5, 6.5 and 17.3-17.4 of the Public Offer.

7. Campaigns and interaction between Users

7.1 The terms of a Campaign, including requirements for the result, deadlines, remuneration, acceptance criteria and the terms of use of the Content, are recorded in the Brief before the Campaign is accepted by the Influencer. All terms for the transfer or licensing of rights to the Content created are agreed by the Brand when the Campaign is created.

7.2 Where an Agency participates in a Campaign, it may not grant a greater scope of rights than it has received from the rights holder. The role of the Agency, its authority, its participation in settlements and the chain of rights granted are determined by the Platform interface and clause 7.7 of the Public Offer.

8. User content and intellectual property rights

8.1 These Terms do not in themselves grant the Operator the right to use Content in Trendly’s own advertising, public case studies or portfolio. The restrictions of clause 11.3 of the Public Offer apply under these Terms. Such use is permitted only on the basis of a separate standalone agreement with the rights holder that expressly defines the scope and methods of use of the relevant Content and expressly varies that restriction in respect of that Content.

8.2 The User must respect the right of authorship, the right to a name and the integrity of the work within the limits established by the legislation of the Republic of Uzbekistan.

9. Prohibited content and conduct

9.1 The User may not create, upload, transmit, request, promote or distribute through the Platform any Content or Campaigns that violate the law, the rights of third parties, these Terms, the rules of a partner or of an App Store.

9.2 In particular, the following are prohibited:

• pornographic and sexually explicit material, sexual exploitation, sexual content involving minors and facilitation of human trafficking;
• threats, bullying, harassment, humiliation, blackmail, doxxing, disclosure of another person’s personal data and incitement to violence or self-harm;
• hatred or discrimination on the grounds of race, nationality, language, religion, sex, disability, sexual orientation or another protected characteristic;
• terrorism, extremism, propaganda of war, propaganda of the violent change of the constitutional order and other material prohibited by law;
• fraud, deception, impersonation, forged documents, review manipulation, metric inflation, bots and artificial traffic;
• infringement of copyright, related rights, trademark, patent, moral and other rights;
• malicious code, phishing, spam, unauthorised advertising, data harvesting and attempts to circumvent the security of the Platform;
• advertising or offering prohibited goods and services, and age-restricted goods and services without the access measures required by law and by the Platform;
• content that misleads consumers, conceals the advertising nature of a publication or breaches mandatory advertising and disclosure requirements.

9.3 The User must comply with the applicable rules on advertising labelling, warnings, restrictions for certain categories of goods and the requirements of social networks.

9.4 Agreeing to bypass the Platform’s payment infrastructure and commission after contact has been established through Trendly is prohibited where that commission is provided for by the Public Offer or the Tariffs.

10. Moderation, reports and blocking of users

10.1 The Operator may apply automated filters, manual moderation and other reasonable measures to detect prohibited or undesirable Content, but does not guarantee prior review of every item of material.

10.2 The Platform provides a mechanism for reporting Content, a Campaign or a User through the corresponding feature in the application or the personal account. A report may also be sent to [email protected].

10.3 Where there is private correspondence or other one-to-one interaction, a User may block another User using the Platform’s tools. Blocking does not terminate financial, contractual or disputed obligations that have already arisen.

10.4 The Operator reviews reports within a reasonable time, having regard to the nature and urgency of the violation, and may hide, restrict or delete Content, stop a Campaign, request documents, restrict features or block an Account. Where a report concerns an alleged infringement of intellectual property rights, the review of documents and the restriction of access to the Content or Account are carried out where the grounds and evidence provided for in clause 11.5 of the Public Offer are present.

10.5 The User must cooperate with the review and provide accurate materials. A failure to provide information may be taken into account when a decision is made.

10.6 Moderation measures may be applied without prior notice where delay would create a risk to Users, minors, the rights of third parties, payment security, the Platform or compliance with the law.

11. Social networks and third-party services

11.1 The User is responsible for complying with the terms of Instagram, TikTok, YouTube, Telegram and other social networks and services used in a Campaign or connected to the Account.

11.2 The Platform may obtain data through official APIs and other permitted integrations only to the extent authorised by the User and by the relevant service.

11.3 The Operator is not responsible for blocks, algorithm changes, API discontinuation, statistics delays, removal of publications or other actions of third-party services.

11.4 The User must revoke a social network’s access through the Platform or the relevant third-party service if they no longer wish to maintain the integration.

12. Metrics, ratings and reviews

12.1 Metrics may come from social networks, advertising accounts, external services, files and User data. They may be updated with a delay and depend on third parties.

12.2 The Operator may calculate and display in an Influencer’s profile certain indicators, scores, ratings, badges and positions in search results based on profile data, connected social networks, Campaign performance, adherence to deadlines, cancellations and disputes, and confirmed User reviews.

12.3 Metrics, scores and ratings are used to help Brands and Agencies find and compare Influencers, to generate recommendations, to improve the quality of Campaigns, to prevent abuse and to maintain the security of the Platform.

12.4 Such indicators are informational in nature, may be updated or recalculated automatically as new data arrives, and are not a guarantee of the future performance of an Influencer or a Campaign.

12.5 Reviews must be based on genuine interaction and be given in good faith. Metric inflation, fake reviews and other manipulation of scores are prohibited; the Operator may disregard, adjust or delete inaccurate data. A User may report an error through the interface or at [email protected].

13. Subscriptions, purchases and commissions

13.1 Subscriptions, purchases, commissions, auto-renewal, the Balance, the reservation and temporary blocking of amounts, payments, refunds, withdrawals, taxes and settlements are governed by the Public Offer, the Tariffs, the terms of the Campaign, the Dispute Resolution Rules and the rules of the relevant payment partner. Purchases and subscriptions made through the App Store or Google Play are paid for, renewed, cancelled and refunded under the rules of the relevant App Store and are managed through that Store’s account.

13.2 Each Tariff provides access to a defined set of Platform features and sets limits on their use. Using a feature subject to a quantitative limit reduces the corresponding available limit. Features and services not included in the selected Tariff may be provided as separate paid services. The composition of features, the units of measurement, the size of limits and the consequences of exhausting them are determined by the applicable Tariff and displayed in the Platform interface.

13.3 Before a separate paid service is actually used, the Platform displays its actual or estimated cost, the applicable billing unit and, where present, the corresponding limit. An unambiguous confirming action performed by the User in the interface after those terms have been displayed constitutes an instruction to enable the service and grounds for a charge, reservation or other accounting action provided for by the terms of the service.

13.4 The recording of limit usage, accruals, charges, reservations, withholdings and other transactions is based on interface data and the Platform’s system logs. The payment method, the moment of crediting, the transaction status and the moment funds become available are determined in accordance with clauses 10.3-10.6 of the Public Offer, the relevant Tariff, the terms of the Campaign and the rules of the payment partner.

13.5 The cost of the Tariffs, their term, the terms of renewal and cancellation of auto-renewal, the composition of the included tools and the amount of commissions are published in the Platform interface before purchase. Changes to prices and other access parameters are made with notice to Users within the period established by clause 10.1 of the Public Offer.

14. Personal data and confidentiality

14.1 The processing of personal data is governed by the Trendly Privacy Policy and the legislation of the Republic of Uzbekistan. The Policy must be available before registration and within the application.

14.2 The Operator processes only the data necessary for the stated purposes and applies organisational and technical protection measures. Mandatory storage and registration of personal data databases are carried out in the cases provided for by law.

14.3 The transfer of data to payment partners, social networks, hosting, analytics and other providers is permitted to the extent necessary for the stated function, on the basis of law, contract or the User’s consent.

14.4 The User may not upload the personal data of third parties without a lawful basis and the necessary notices or consents.

15. Account deletion

15.1 The User may initiate deletion of the Account and the associated personal data through the feature in the settings of the application or the personal account. The Operator also provides a publicly available means on trendly.uz for submitting a deletion request for persons who do not have access to the application.

15.2 On deletion of the Account, the Operator deletes or anonymises the associated personal data, other than information that must be retained in accordance with clause 16.5 of the Public Offer, the Privacy Policy or the law. Deletion of the Account does not terminate obligations, settlements, claims and disputes that have already arisen and does not automatically result in a refund or the release of amounts; the relevant consequences are determined by the Public Offer and the Dispute Resolution Rules.

15.3 Deleting the Account does not always terminate a subscription purchased through the App Store or Google Play. The User must cancel such a subscription separately in the settings of the relevant App Store.

16. Restriction, blocking and termination of access

16.1 The Operator may temporarily restrict individual features, block an Account, transactions or amounts, or terminate access on the grounds and in the manner set out in section 16 of the Public Offer. The type and duration of the measure are determined having regard to the nature of the violation or risk and the possibility of remedying it: a temporary block may be lifted once the grounds have been remedied, while a permanent block is applied in the cases provided for by the Public Offer.

16.2 The User may appeal a block at [email protected], unless another procedure is established by the interface or the Dispute Resolution Rules.

17. Availability, support and updates

17.1 The Platform is provided on an “as available” basis. The Operator strives to keep it running stably but does not guarantee uninterrupted or error-free access.

17.2 The Operator may carry out technical works, change the interface, discontinue outdated features and release updates, giving notice to Users where a change materially affects their rights or active transactions.

17.3 Support for the application is provided by the Operator at [email protected]. Apple and Google have no obligation to provide maintenance or support for Trendly.

17.4 The Operator is not responsible for failures of communications, devices, operating systems, App Stores, banks, payment systems, social networks, APIs or other independent third parties.

18. Warranties and liability

18.1 To the extent permitted by law, the Operator is not liable for indirect losses, lost profit, loss of data, reputation, audience, expected income or Campaign results.

18.2 The Operator’s liability may not be excluded or limited to the extent that such exclusion is prohibited by a mandatory rule of the legislation of the Republic of Uzbekistan.

19. Disputes and claims

19.1 Disputes between Users concerning Campaigns, their cancellation, acceptance of the result, revisions, Content and the allocation of reserved funds are considered under the Dispute Resolution Rules.

19.2 For the duration of a dispute, the related funds remain reserved. The Operator’s decision is implemented within the powers provided for by the Rules, the terms of the Campaign, the rules of the payment partner and the law.

19.3 The procedure for submitting and considering claims against the Operator, the governing law and jurisdiction are determined by section 18 of the Public Offer, subject to the mandatory rules of the legislation of the Republic of Uzbekistan.

20. Amendments to the Terms

20.1 The Operator may amend these Terms. A new revision is published on the Platform with its date and version number.

20.2 In the event of a material change, the User may be asked to confirm their consent again. A User who does not agree must stop using the Platform and complete any outstanding obligations.

20.3 Amendments do not apply retroactively to transactions already completed, unless required by law or unless they improve the User’s position.

20.4 Where legislation requires prior notice of a change to the rules or of a suspension of the Platform’s services, the Operator publishes the relevant notice no later than the period established by law.

21. Special terms for the iOS application

21.1 These Terms are entered into between the User and the Operator, and not with Apple Inc. (“Apple”). The Operator, and not Apple, is responsible for the Trendly application and its content.

21.2 The licence for the iOS application is non-transferable and permits use of the application on Apple devices that the User owns or controls, in accordance with the Usage Rules of the Apple Media Services Terms and Conditions; use via Family Sharing or volume purchasing is permitted in the cases allowed by Apple.

21.3 The Operator is responsible for maintenance and support of the application to the extent set out in these Terms and by law. Apple has no obligation to provide maintenance or support.

21.4 If the iOS application fails to conform to an applicable warranty, the User may notify Apple, and Apple may refund the purchase price of the application if one was paid. As at the date of this revision the application is distributed free of charge, so no separate purchase price is charged. To the maximum extent permitted by law, Apple has no other warranty obligations; all other claims are directed to the Operator.

21.5 The Operator, and not Apple, is responsible for claims relating to the application, its possession or use, including product liability, compliance with the law, consumer protection and privacy, within the limits of applicable legislation.

21.6 Where a third party asserts a claim that the application or its use infringes intellectual property rights, the Operator, and not Apple, is responsible for the investigation, defence, settlement and discharge of that claim.

21.7 The User represents that they are not located in a country subject to a US Government embargo or designated by the US Government as supporting terrorism, and that they are not listed on any US Government list of prohibited or restricted parties.

21.8 When using the iOS application, the User must comply with applicable third-party terms, including the rules of their carrier, payment provider and social networks.

21.9 Apple and its subsidiaries are third-party beneficiaries of this section and, upon the User’s acceptance of these Terms, have the right to enforce it against the User.

21.10 These Terms are not to be construed as conflicting with the mandatory Apple Media Services Terms and Conditions. In the event of a conflict, Apple’s mandatory rules apply in respect of the use of the iOS application.

22. Special terms for the application from Google Play

22.1 The agreement on the use of the application is entered into between the User and the Operator. Google LLC and its affiliates (“Google”) are not a party to these Terms and are not responsible for the application, Content, Campaigns or the actions of Users.

22.2 Use of Google Play is also governed by the Google Play Terms of Service. The User must comply with applicable Google and third-party terms.

22.3 Where the purchase of a digital feature or subscription within the application requires Google Play Billing, the transaction is processed in accordance with the Google Play rules. Campaigns, third-party services, escrow and other transactions are processed in a manner permitted by the applicable Google Play rules and legislation.

22.4 The Operator provides support, considers claims relating to the application and is responsible for compliance with applicable requirements within the limits established by law; Google has no obligation to provide support for Trendly.

22.5 The User accepts these Terms before creating or uploading Content and uses the built-in features for reporting violations and blocking Users.

23. Final provisions

23.1 The final provisions of the Public Offer apply to these Terms, including those on the survival of certain provisions after the relationship ends (clause 19.6), the invalidity of part of the provisions (clause 20.1), the precedence of the Russian-language version (clause 20.2) and the Operator’s engagement of third parties (clause 20.3).