These Terms of Service (“Terms”) govern your access to and use of the Marketfit platform, websites, and services (collectively, the “Service”) operated by Grand Launch Media LLC (“Marketfit,” “we,” or “us”). By creating an account, launching a campaign, or otherwise using the Service, you agree to be bound by these Terms.
01Eligibility and account
You must be at least 18 years old and able to form a legally binding contract in your jurisdiction. You must provide accurate registration information and keep it current. You are responsible for all activity on your account and for safeguarding your credentials. Notify us immediately at hello@send.marketfit.io if you suspect unauthorized access.
02The Service
Marketfit is a creator-marketing platform that helps brands plan, source, and measure paid campaigns with social-media creators. The Service may include AI-generated research, hypotheses, landing pages, creator discovery, outreach, payment processing, and analytics. Specific features may change over time, and we may introduce, suspend, or remove features at our discretion.
03Acceptable use
You agree not to use the Service to:
- Promote illegal products, services, or content, or content that is misleading, fraudulent, defamatory, or violates intellectual-property rights;
- Reverse-engineer, scrape, or extract data from the Service outside provided APIs;
- Circumvent fees by paying creators outside Marketfit (see Section 8);
- Interfere with the operation of the Service or attempt to access accounts you do not own;
- Submit false identity information, impersonate others, or create accounts for prohibited purposes.
04Campaign Services Agreement
When you launch a campaign, you enter into a separate Campaign Services Agreement which governs that specific campaign — budget, deliverables, creator approvals, refunds, and the non-circumvention obligations described below. You must accept the Campaign Services Agreement before any campaign is created.
05Payments and fees
You authorize Marketfit (via Stripe or another processor) to charge your payment method for:
- A service fee of 5% of your declared campaign budget, charged at launch;
- An application fee of 5% of your declared campaign budget, charged at launch;
- Creator allocations, charged each time you approve a creator at their negotiated rate, drawn from your declared campaign budget;
- Any other fees clearly disclosed before a transaction.
Unused creator-allocation budget is refunded to your card when the campaign completes. Service and application fees are non-refundable once a campaign has launched, except where required by law.
06Creator content and licensing
Subject to the terms of the applicable Campaign Services Agreement and the underlying creator’s agreement, content produced by creators in your campaign is licensed to you for the specific usage rights purchased (e.g., organic social, paid amplification, duration). Marketfit retains a non-exclusive, royalty-free, worldwide license to use the content for the limited purpose of operating, promoting, and improving the Service, including case studies and aggregated benchmarks.
07User-generated content
You retain ownership of content you submit (e.g., briefs, brand assets, comments). By submitting it, you grant Marketfit a non-exclusive, worldwide, royalty-free license to host, store, process, and display that content solely as needed to operate the Service for you. You represent that you have all necessary rights to submit that content and that it does not infringe third-party rights.
08Non-circumvention
This section is the heart of the marketplace. For a period of 12 months following your first introduction (via the Service) to any creator, you and your affiliates shall not directly or indirectly:
- Hire, engage, sponsor, gift, or contract with that creator for paid promotion outside the Service;
- Solicit that creator’s services through any other platform, agency, intermediary, or direct contact;
- Encourage that creator to bypass Marketfit’s payment, briefing, or content-approval workflows.
“Introduction” means that you became aware of the creator’s identity, contact information, rate, or fit for your brand through the Service — including via search results, proposed creator lists, admin recommendations, or outreach previews.
09Liquidated damages for circumvention
Because the actual damages caused by circumvention are difficult to calculate but real, you agree that any breach of Section 8 will entitle Marketfit to liquidated damages equal to the greater of:
- The platform fee Marketfit would have earned on the circumventing transaction(s);
- 3× the platform fee that would have been earned; or
- USD $5,000 per creator circumvented.
You acknowledge this amount is a reasonable estimate of damages, is not a penalty, and is in addition to all other remedies available to Marketfit at law or in equity, including injunctive relief.
10Intellectual property
Marketfit and its licensors retain all right, title, and interest in the Service, including the software, databases, AI models, design system, documentation, trademarks, and all derivative works. No rights are granted by implication. You may not copy, modify, distribute, sell, lease, or create derivative works of the Service without our prior written consent.
11Confidentiality
Each party may receive information that is confidential or proprietary to the other (“Confidential Information”). Confidential Information includes pricing, creator rosters, campaign performance data, business plans, and any information marked as confidential or that a reasonable person would understand to be confidential. Each party agrees to (i) use Confidential Information only for the purposes of these Terms, (ii) protect it with the same degree of care as it protects its own confidential information (no less than reasonable care), and (iii) not disclose it to third parties except to employees and contractors with a need to know who are bound by confidentiality obligations no less restrictive than these.
12Disclaimers
The Service is provided “as is” and “as available.” We do not guarantee specific results, including views, signups, sales, engagement rates, audience reach, or revenue. Creator participation, market response, and platform performance vary, and any forecasts or benchmarks shown in the Service are estimates only. To the maximum extent permitted by law, Marketfit disclaims all warranties, express, implied, or statutory, including merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or trade usage.
13Limitation of liability
To the maximum extent permitted by law, in no event shall Marketfit, its officers, directors, employees, affiliates, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, arising out of or related to these Terms or the Service. Marketfit’s aggregate liability shall not exceed the greater of (a) the fees paid by you to Marketfit in the twelve (12) months preceding the claim, or (b) USD $1,000.
14Indemnification
You agree to indemnify, defend, and hold harmless Marketfit and its officers, directors, employees, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your use of the Service, (ii) your violation of these Terms or any applicable law, (iii) your content or any campaign you launch, including any false, misleading, or unlawful claims provided to creators, and (iv) any breach of Section 8 (non-circumvention).
15Termination
You may terminate your account at any time from Settings. We may suspend or terminate your access immediately if you breach these Terms, fail to pay amounts owed, or engage in fraudulent or illegal activity. Upon termination, all licenses granted to you cease, but Sections 6 (Creator content), 8 (Non-circumvention), 9 (Liquidated damages), 11–14, and 16–19 survive.
16Governing law and dispute resolution
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. Except for claims for injunctive relief, all disputes arising out of or related to these Terms shall be resolved by final and binding arbitrationadministered by JAMS in San Francisco, California under its Streamlined Arbitration Rules. The arbitrator’s decision shall be binding and may be entered as a judgment in any court of competent jurisdiction. You waive any right to participate in a class action.
17Changes to these Terms
We may update these Terms from time to time. Material changes will be communicated by email or in-product notice and will require your re-acceptance before continued use. The version and effective date appear at the top of this page. Continued use after the effective date constitutes acceptance.
18Miscellaneous
These Terms, together with the Campaign Services Agreement, Creator Services Agreement, and Privacy Policy, are the entire agreement between you and Marketfit. If any provision is held unenforceable, the remaining provisions remain in full force. Marketfit’s failure to enforce any provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
19Contact
Questions about these Terms? Email hello@send.marketfit.io.