Brand Terms of Service
Effective Date: June 26, 2026 Version: 1.0
1. Introduction and Acceptance
These Brand Terms of Service (“Brand Terms” or “Terms”) are a binding agreement between you — the business entity using the Services and the individual accepting on its behalf (“Brand,” “you,” or “your”) — and Yoho Solutions Inc., a Delaware corporation (“Yoho,” “we,” “us,” or “our”), governing your access to and use of the Yoho platform, marketplace, and related services (collectively, the “Services”).
By clicking “I agree” (or a similar affirmation), creating a Brand account, or otherwise accessing or using the Services, you accept these Terms.
Authority to bind. The individual accepting these Terms represents and warrants that they are at least 18 years old and are authorized to bind the Brand entity to these Terms. If you do not have that authority, or do not agree, you may not access or use the Services.
These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, DMCA / Copyright Policy, and the Stripe agreements referenced in Section 8. Your engagements with Creators are also subject to the separate Creator Terms of Service that Creators accept.
2. Definitions
Definitions mirror those in the Creator Terms of Service. In particular: “Creator,” “Engagement,” “Deliverable,” “Marketplace,” and “Stripe” have the meanings given there. “Brand Marks” means your name, logo, trademarks, and service marks. “Authorized Users” means individuals you permit to access the Services under your account, including admins.
3. Yoho’s Role: Facilitator, Not a Party to the Engagement
You understand and agree that:
(a) Yoho facilitates; it does not contract for the creative work. The Engagement is solely between you and the Creator. Yoho is not a party to the Engagement, is not your agent or contractor for the creative work, and does not direct, supervise, approve, or guarantee any Creator, Deliverable, or outcome.
(b) Yoho is a principal only for payment processing. Yoho acts as merchant of record solely to facilitate Marketplace payments as described in Section 8. This does not make Yoho a party to the Engagement.
(c) Your responsibility for use of Deliverables. You are solely responsible for how you use Deliverables, including in advertising. You are responsible for your own compliance with applicable laws and platform policies (including advertising-platform rules and advertising-disclosure laws) when you use Deliverables.
(d) Disputes with Creators. Disputes about the creative work are between you and the Creator. Yoho may provide tools (such as the payment hold/release mechanic in Section 8) but is not obligated to resolve such disputes.
4. Accounts, Authorized Users, and Admins
You must register an account and provide accurate, complete information. You are responsible for your Authorized Users and admins, for the confidentiality of credentials, and for all activity under your account. You must ensure your Authorized Users comply with these Terms. We may suspend or terminate accounts for violations or for fraudulent, abusive, or unlawful activity.
5. Intellectual Property: Rights You Receive in Deliverables
This Section mirrors Section 5 of the Creator Terms of Service.
(a) License received directly from the Creator. When a Creator submits or delivers a Deliverable in connection with an Engagement, the Creator grants you directly a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, distribute, publicly display and perform, modify, adapt, create derivative works from, and otherwise exploit the Deliverable in any and all media now known or later developed, for any purpose, including organic social content, paid advertising (including paid social), and creator-handle advertising arrangements (e.g., Meta Partnership Ads / Spark Ads and equivalents). This grant runs directly from the Creator to you; Yoho is not in the chain of title.
(b) Default scope; perpetual. Unless you and a Creator agree otherwise in a writing made through the Services, the license is perpetual, non-exclusive, and extends to the full scope above.
(c) Creator’s retained portfolio rights. Creators retain the right to display Deliverables in their own portfolio or reel, as described in the Creator Terms.
(d) Your responsibility despite the grant. The license describes the rights the Creator purports to grant. You remain responsible for your own use of Deliverables and for your independent compliance obligations. Yoho does not warrant that any Deliverable is free of third-party claims; your recourse for a Creator’s breach of its representations runs against the Creator under the Creator Terms (including the Creator’s indemnity).
(e) Override. You and a Creator may agree to different terms only by an express written agreement made through the Services.
6. Brand Marks, Publicity, and Case Studies
(a) Logo and marks license. You grant Yoho a non-exclusive, worldwide, royalty-free license to use your Brand Marks to identify you as a Yoho customer across Yoho’s marketing and promotional materials and channels, including Yoho’s website, sales materials, and social media.
(b) Case studies. Yoho may create and publish case studies describing your use of and results with the Services, and may display them across any marketing materials and channels Yoho chooses. Before first publishing a case study that names you, Yoho will provide you advance notice and an opportunity to opt out within ten (10) business days. If you do not opt out within that window, Yoho may proceed. You may request reasonable corrections of factual inaccuracies.
(c) Confidentiality carve-out. Notwithstanding any confidentiality obligation in these Terms or any other agreement between us, your identity as a Yoho customer, your use of the Services, and aggregate or specific results used in a case study or marketing material under this Section are expressly excluded from confidential information to the extent used as permitted here.
(d) Survival. The licenses in (a) and (b) survive termination for materials already created or published, and for continued use of your Brand Marks to reference the prior customer relationship.
7. Subscription, Fees, and Billing
(a) Subscription. Access to the Services is provided on a subscription basis under the plan you select. You agree to pay all applicable subscription fees.
(b) Billing and renewal. Fees are billed in advance and, unless stated otherwise, are non-refundable except as required by law. Subscriptions automatically renew for successive terms equal to the prior term unless cancelled before the renewal date. We will communicate pricing changes before they take effect.
(c) Taxes. Fees are exclusive of taxes; you are responsible for applicable taxes other than Yoho’s income taxes.
8. Marketplace Payments
(a) How payments work. The Marketplace facilitates payments from you to Creators. Yoho acts as merchant of record and uses Stripe to process payments. By using the Marketplace, you authorize Yoho and Stripe to charge your designated payment method for Engagement amounts and applicable fees, and to disburse funds to Creators.
(b) Stripe terms. Payment processing is subject to the Stripe Services Agreement and related Stripe terms, incorporated by reference.
(c) Fees. Yoho’s platform fees are as disclosed in the Services.
(d) Hold and release. Engagement funds may be held until the Deliverable is accepted by you or until five (5) business days after delivery, whichever occurs first, then released to the Creator.
(e) Refunds, chargebacks, and reversals. You are responsible for amounts you authorize. You agree not to initiate improper chargebacks. If you initiate a chargeback or reversal, Yoho may suspend your account and pursue recovery of amounts owed, including any amounts already paid out to Creators and any associated costs.
9. Acceptable Use and Prohibited Conduct
You agree not to: (a) use Deliverables or the Services unlawfully or in violation of third-party rights or platform rules; (b) circumvent the Marketplace to avoid fees or transact off-platform in violation of these Terms; (c) misrepresent your identity or authority; (d) interfere with or breach the security of the Services; or (e) violate the Acceptable Use Policy or applicable law. Violations may result in suspension or termination.
10. Indemnification
You will defend, indemnify, and hold harmless Yoho (and its officers, directors, employees, and agents) from third-party claims, damages, liabilities, losses, and reasonable expenses (including reasonable attorneys’ fees) arising out of: (a) your use of the Services or Deliverables; (b) your breach of these Terms; (c) your Brand Marks; or (d) your violation of any law or third-party right. This is separate from, and in addition to, the Creator’s indemnity that runs to you under the Creator Terms.
11. Disclaimers and Limitation of Liability
(a) “As is.” The Services are provided “as is” and “as available,” without warranties of any kind, express or implied, to the fullest extent permitted by law. Yoho does not warrant uninterrupted or error-free Services and does not guarantee any Creator, Deliverable, payment, or outcome.
(b) No liability for the Engagement. Consistent with Section 3, Yoho is not responsible for any Creator’s acts or omissions, any Deliverable, the clearance status of any Deliverable, or any Engagement dispute.
(c) Exclusion of indirect damages. To the fullest extent permitted by law, Yoho will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill.
(d) Liability cap. To the fullest extent permitted by law, Yoho’s total aggregate liability arising out of or relating to these Terms or the Services will not exceed the total fees you paid to Yoho in the twelve (12) months before the event giving rise to the claim. This cap is mutual where applicable and does not limit liability that cannot be limited by law.
12. Term, Termination, and Survival
These Terms apply while you have a Brand account or use the Services. We may suspend or terminate for breach, non-payment, or unlawful or fraudulent activity. Upon termination, your access may be restricted and data handled as permitted by law and the Privacy Policy. Licenses already granted to you in Deliverables under Section 5 survive perpetually; the Brand Marks and case-study licenses in Section 6 survive as stated there. Sections 3, 5, 6, 8(e), 10, 11, 13, and survival provisions survive termination.
13. Dispute Resolution; Arbitration; Class Waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES ARBITRATION AND WAIVES CLASS ACTIONS.
(a) Informal resolution first. Written notice and a 30-day informal-resolution period are a precondition to arbitration.
(b) Binding arbitration. Disputes not resolved informally will be resolved by final and binding AAA arbitration, except as provided in (e)–(f).
(c) Seat and hearings. Seat is Salt Lake County, Utah; hearings are remote by default.
(d) Class and collective waiver. Arbitration is on an individual basis only; class, collective, consolidated, and representative actions are waived.
(e) Mass-arbitration / bellwether process. The AAA Mass Arbitration Supplementary Rules and a bellwether process apply to coordinated mass filings, as in the Creator Terms.
(f) Small-claims and injunctive carve-outs. Either party may bring a qualifying individual small-claims action, and either party may seek injunctive/equitable relief in court to protect IP or confidential information.
(g) One-year limitations period. Claims must be filed within one (1) year, to the extent permitted by law.
(h) Confidentiality of arbitration. The arbitration and outcome are confidential, except as needed to enforce the award or as required by law.
(i) Prevailing party. The prevailing party may recover reasonable attorneys’ fees and costs to the extent permitted by law; mutual.
14. General
(a) Governing law. Delaware law governs, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 13.
(b) Changes to these Terms. We may update these Terms, post the updated version with a new effective date, and, for material changes, provide notice and require re-acceptance.
(c) Assignment. You may not assign without our consent; we may assign to an affiliate or in a corporate transaction.
(d) Severability; entire agreement; notices. If any provision is unenforceable, the rest remains in effect. These Terms plus incorporated documents are the entire agreement and supersede prior website Terms and Conditions regarding the Services. Notices may be given via the Services or your account email. Notices to Yoho may be sent to legal@joinyoho.com or Yoho Solutions Inc., 96 N Main Street, Springville, UT 84663.
15. Acceptance Record
By clicking “I agree,” the accepting individual affirms authority to bind the Brand and acceptance of these Brand Terms. We record the accepting user’s identity, date and time, document version, and document URL.