Terms and Conditions

1. Introduction and Acceptance

Welcome to Nixar. These Terms and Conditions ("Terms") govern your use of the Nixar website (nixar.ai), our Shopify applications, and our web platforms for Brands and Creators (collectively, the "Services"). The Services are operated by Nixar, Lda. ("Nixar", "we", "us", or "our"), a company registered in Portugal, located at Avenida da Liberdade UPTEC Mar s/n, Matosinhos e Leça da Palmeira, 4450-718 Matosinhos, Portugal.

By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must not use our Services. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Platform Description

Nixar operates a performance-based marketing platform. Brands use the Services to launch marketing campaigns, and Nixar independently engages Creators to generate content and drive traffic for those campaigns. Nixar provides the technology to track sales attributed to these efforts via integrations (such as Shopify) and manages the collection of fees from Brands and payouts to Creators.

Separate Relationships: Nixar maintains distinct and entirely separate commercial relationships with Brands and with Creators. Brands pay Nixar a fee for the Services. Nixar, under separate agreements, independently compensates Creators. There is no direct contractual or financial relationship established between Brands and Creators through the Services. Furthermore, Brands do not have visibility into the specific compensation Nixar provides to individual Creators.

3. Account Registration & Eligibility

To use our Services, you must be at least 18 years old and capable of forming a binding contract. You agree to provide accurate, current, and complete information during registration and keep your account information updated. You are responsible for safeguarding your password and for all activities that occur under your account.

4. Terms for Brands

• Campaign Fees: Nixar's primary and preferred model is a performance-based commission on eligible tracked sales. However, depending on the nature of the brand's products or specific campaign mechanics where this model is not applicable, Brands agree to pay Nixar alternative fees for the Services. These fees may consist of a fixed monthly subscription, a retainer fee, or a combination of both, as mutually agreed upon prior to the campaign launch.
• Platform Integrations: Brands must maintain an active necessary third-party integration (e.g., Shopify) to allow Nixar to track sales accurately.
• Marketplace: Nixar operates and curates the Nixar Marketplace (the public store at store.nixar.ai), where Creators can discover Brands and opt into promoting their products on a self-serve basis. By connecting a store and publishing products through the Services, the Brand agrees that its published products may be listed in the Marketplace and made available for Creators to select for self-serve promotion via Nixar's tracking links, on the same performance-based terms set out in these Terms. A Creator who opts in may also purchase the product themselves using their own code or link; such purchases are tracked and commissionable on the same performance-based terms as any other attributed sale. Sales commission and corresponding Creator revenue-share payouts mature only after Nixar's standard thirty (30) day hold from the sale/order date, and Nixar may withhold or reverse commission before that maturity on orders that are refunded, cancelled, charged back, or not bona-fide. If the Brand offers a refund or return policy longer than that thirty (30) day hold, the Brand bears the post-hold refund risk. The Brand retains a per-product exclusion control and may, at any time, exclude any individual product from influencer marketing — and therefore from the Marketplace — through the Brand dashboard's product visibility and marketing-exclusion controls (or by contacting [email protected]). Excluding a product does not affect campaigns or Partnerships already in progress for that product.
• Fulfillment: Brands are solely responsible for manufacturing, fulfilling, and shipping products to customers, and handling any returns or customer service inquiries.
• Payment Infrastructure: Brands agree to use our designated payment processor (e.g., Stripe) and authorize Nixar to automatically process payments for the fees owed to Nixar based on tracked platform performance.

5. Terms for Creators

Creators can join the platform, apply to campaigns, and generate unique links.

• Compliance: Creators agree to comply with all applicable advertising and marketing laws in their jurisdiction, including clearly disclosing their relationship and that their content is promotional (e.g., using #ad or #sponsored).
• Content Usage: By linking social media accounts or uploading content to Nixar, Creators grant Nixar a non-exclusive, worldwide, royalty-free license to use, monitor, display, sub-license to the relevant Brand, and analyze that content for the duration of the campaign and for Nixar's promotional purposes.
• Compensation & Payouts: Creators are compensated directly by Nixar according to the specific terms, rates, and holding periods communicated to the Creator by Nixar. Unless the applicable campaign terms say otherwise, promised creator fees for agreed content are owed after the content is posted, delivered, or otherwise accepted under the campaign terms. Revenue-share commission from attributed sales is paid only after Nixar's standard thirty (30) day hold from the sale/order date and only for qualifying attributed sales. Creators agree to connect a valid Stripe account or other approved payment method to receive these payouts from Nixar. Nixar is not responsible for delayed payouts due to incorrect bank details or third-party payment processor issues.
• Self-serve Marketplace & self-purchases: Creators may opt into promoting a Brand's products through the Nixar Marketplace on a self-serve basis, and may purchase those products themselves using their own code or link. Creators earn commission on qualifying purchases attributed to their code or link, including their own real, paid, non-cancelled purchases, on the same terms communicated by Nixar for other qualifying attributed sales. A Creator who promotes a product they bought themselves must still comply with the disclosure duties above and must not present the product as an independent or unbiased review. Before payout maturity, Nixar may withhold, reverse, or set off commission on orders that are refunded, cancelled, charged back, or that Nixar reasonably determines are not bona-fide (including purchases made primarily to generate commission).

7. Intellectual Property Rights

Nixar IP: All rights, title, and interest in and to the Services (including software, design, and logos) are the exclusive property of Nixar and its licensors.

Creator Content: Creators retain ownership of their content. By submitting content through the Services or using tracking links, Creators grant Nixar and the respective Brand a worldwide, royalty-free, non-exclusive license to use, reproduce, display, and distribute the content for marketing and promotional purposes related to the campaign.

8. Third-Party Services

Our Services integrate with third-party platforms (including but not limited to Shopify, Stripe, Instagram, and TikTok). Your use of these integrations is governed by the respective terms of service of those third parties. We do not control and are not responsible for the availability, accuracy, or changes to the APIs or services of these third-party platforms.

9. Disclaimers and Limitation of Liability

"As Is" Basis:The Services are provided on an "AS IS" and "AS AVAILABLE" basis without any warranties, express or implied. Nixar does not guarantee continuous, completely secure, or error-free operation of the platform. Nixar makes no guarantees regarding the number of sales, views, or revenue that will be generated through campaigns.

Limitation of Liability:To the maximum extent permitted by applicable law, Nixar shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the Services. In no event shall Nixar's aggregate liability exceed the total amounts paid to Nixar by you (or retained by Nixar from your transactions) in the twelve (12) months preceding the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless Nixar, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any third-party right.

11. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Services will immediately cease.

12. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Portugal, without regard to its conflict of law provisions.

Any dispute arising from or related to the Services shall be submitted to the exclusive jurisdiction of the courts of Porto, Portugal. We reserve the right, however, to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms.

14. Contact Information

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

• Email: [email protected]
• Address: Nixar, Lda., Avenida da Liberdade UPTEC Mar s/n, Matosinhos e Leça da Palmeira, 4450-718 Matosinhos, Portugal