Terms of Service

1. Introduction and Acceptance

Welcome to Gauge ("Platform," "we," "us," or "our"). Gauge is an AI-powered creator marketing platform that connects brands with creators for sponsored content campaigns across social media platforms including X (Twitter) and TikTok.

By accessing or using Gauge, including our website at gauge.fun, mobile applications, APIs, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use the Service.

These Terms constitute a legally binding agreement between you and Gauge. Please read them carefully before using our Service.

2. Definitions

Throughout these Terms, the following definitions apply:

• "Brand" means a user who creates campaigns, sets content guidelines, and funds reward pools for creator participation.
• "Campaign" means a brand-initiated content initiative with specified narratives, guidelines, reward pools, and participation criteria.
• "Content" means any text, images, videos, or other materials created, shared, or submitted through the Service or on connected social media platforms in connection with a Campaign.
• "Creator" means a user who creates and submits content for Campaigns or otherwise participates in the Platform.
• "AI Moderation" means Gauge's automated content analysis system that evaluates content for quality, brand alignment, and compliance with Campaign guidelines.
• "Moderation Score" means the numerical rating assigned to content by the AI Moderation system.
• "Connected Account" means a third-party social media account (such as X/Twitter or TikTok) linked to your Gauge account.
• "Reward" means payment distributed to Creators for content that meets Campaign requirements and minimum Moderation Score thresholds.

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction.
• Have the legal capacity to enter into binding contracts.
• Not be prohibited from using the Service under applicable laws.
• Not be listed on any government sanctions list or designated as a prohibited party.
• Have a valid account on at least one supported social media platform (X/Twitter or TikTok).

By using the Service, you represent and warrant that you meet all eligibility requirements. We reserve the right to verify your eligibility and refuse service at our discretion.

4. Account Registration and Security

4.1 Account Creation

You may create an account using social login providers such as X (Twitter) or TikTok, or other authentication methods we support. You may connect multiple social media accounts to a single Gauge account.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials.
• All activities that occur under your account.
• Notifying us immediately of any unauthorized access.
• Ensuring your Connected Accounts remain secure and under your control.

4.3 Connected Accounts

By connecting a social media account to Gauge, you authorize us to:

• Access publicly available profile information and content from your Connected Account.
• Analyze content posted from your Connected Account in connection with Campaigns.
• Verify account authenticity and engagement metrics.

You may disconnect a Connected Account at any time through your account settings. Disconnecting an account may affect your eligibility for active Campaigns.

5. Platform Services

5.1 Campaign Management

Gauge enables brands to create and manage sponsored content campaigns:

• Brands create Campaigns with specified narrative guidelines, content requirements, forbidden content rules, and reward pools.
• Creators browse and opt into Campaigns that align with their content and audience.
• Campaign parameters, including reward amounts, duration, and participation limits, are set by Brands and displayed to Creators before participation.

5.2 Content Moderation

Gauge uses automated systems to evaluate content submitted for Campaigns. Each piece of content receives a Moderation Score. Content must meet minimum score thresholds set by the Campaign to qualify for Rewards.

You acknowledge and agree that:

• Moderation is automated and may not perfectly reflect human judgment.
• Moderation Scores are used to determine Reward eligibility and distribution.
• Gauge may update or improve its moderation systems at any time, which may affect scoring.
• In cases of dispute, Gauge may conduct manual review at its discretion.
• Brands may set their own minimum score thresholds for their Campaigns.

5.3 Reward Distribution

Creator Rewards for Campaign participation are:

• Calculated according to published reward formulas based on Moderation Scores and Campaign parameters.
• Subject to minimum Moderation Score thresholds set by the Campaign.
• Distributed to Creators upon content approval.
• Subject to engagement verification and anti-fraud measures.

Reward amounts, payment methods, and distribution timing are specified in each Campaign's terms. Gauge reserves the right to withhold or reclaim Rewards if fraud, manipulation, or violation of these Terms is detected.

6. Supported Platforms

6.1 X (Twitter)

When using Gauge with your X (Twitter) account, you agree to comply with X's Terms of Service and Developer Agreement in addition to these Terms. Gauge accesses X content and engagement data to facilitate Campaign participation and content scoring.

6.2 TikTok

When using Gauge with your TikTok account, you agree to comply with TikTok's Terms of Service and Community Guidelines in addition to these Terms. Gauge accesses TikTok content and engagement data to facilitate Campaign participation and content scoring.

6.3 Platform Compliance

You are responsible for ensuring your content complies with the terms and policies of each social media platform on which it is posted. Gauge is not responsible for content removal, account suspension, or other actions taken by third-party platforms.

7. User Conduct

7.1 General Conduct

You agree not to:

• Violate any applicable laws, regulations, or third-party rights.
• Create fake accounts, engage in bot activity, or artificially inflate engagement metrics.
• Manipulate or attempt to game the AI Moderation system.
• Submit content that is defamatory, obscene, hateful, or infringes intellectual property.
• Post misleading sponsored content without appropriate disclosure.
• Interfere with other users' access to or use of the Service.
• Use the Service to harass, abuse, or harm others.

7.2 Creator-Specific Conduct

Creators additionally agree not to:

• Submit content to Campaigns that does not reflect their genuine views or authentic voice.
• Use automated tools to generate or mass-produce Campaign content without disclosure.
• Participate in Campaigns for products or services they have not genuinely evaluated or do not genuinely support.
• Purchase fake engagement (likes, comments, followers) to inflate content performance.
• Submit substantially similar content across multiple Campaigns without modification.

7.3 Brand-Specific Conduct

Brands additionally agree not to:

• Set Campaign guidelines that encourage Creators to violate applicable advertising disclosure laws.
• Misrepresent Campaign terms, reward amounts, or participation requirements.
• Use Creator content beyond the scope authorized in the Campaign terms.

Violation of these conduct rules may result in account suspension, forfeiture of Rewards, removal from active Campaigns, and permanent banning from the Platform.

8. Advertising Disclosure

Creators participating in Campaigns are responsible for complying with all applicable advertising disclosure requirements, including but not limited to FTC guidelines, ASA regulations, and equivalent laws in their jurisdiction. This includes clearly disclosing the sponsored nature of Campaign content using appropriate tags, hashtags, or labels as required by the social media platform and applicable law.

Gauge provides guidance on disclosure best practices but does not guarantee compliance. Creators are solely responsible for meeting their legal obligations regarding sponsored content disclosure.

9. Intellectual Property

9.1 Platform IP

Gauge and its licensors own all intellectual property rights in the Service, including software, AI models, scoring algorithms, designs, trademarks, and documentation. You receive only a limited, non-exclusive, non-transferable license to use the Service as permitted by these Terms.

9.2 Creator Content

You retain ownership of content you create and submit. By submitting content through the Platform, you grant Gauge a worldwide, royalty-free, non-exclusive license to use, display, reproduce, and distribute your content in connection with the Service, including for Platform promotion, case studies, and demonstrating Platform capabilities.

9.3 Campaign Content

Content created for Campaigns may be subject to additional licensing terms specified by the Brand. These terms will be displayed to Creators before they opt into a Campaign. You represent that you have all necessary rights to create and submit Campaign content and that such content does not infringe any third-party rights.

9.4 AI-Generated Insights

Moderation Scores, analytics, and insights generated by the Platform's AI systems are the property of Gauge. Brands and Creators receive a license to use these insights in connection with their use of the Platform.

10. Data and Privacy

10.1 Data Collection

By using the Service and connecting social media accounts, you consent to Gauge collecting and processing:

• Profile information from Connected Accounts.
• Content posted in connection with Campaigns.
• Engagement metrics and performance data.
• Account activity and usage data on the Platform.

10.2 Data Usage

Gauge uses collected data to:

• Operate and improve the AI Moderation system.
• Score and evaluate Campaign content.
• Detect fraud, manipulation, and policy violations.
• Generate analytics and insights for Brands and Creators.
• Improve Platform features and services.

10.3 Privacy Policy

Our collection, use, and sharing of personal information is governed by our Privacy Policy available at gauge.fun/privacy. By using the Service, you agree to the terms of our Privacy Policy.

11. Fees and Payments

11.1 Brand Fees

Brands pay Campaign fees including reward pool funding and Platform service fees. Fee schedules are disclosed before Campaign creation and may vary by Campaign type, duration, and features.

11.2 Creator Payments

Creators receive Rewards as specified in Campaign terms. Rewards are paid minus applicable Platform fees. Payment methods and timing are specified in each Campaign.

11.3 Taxes

You are solely responsible for any taxes arising from payments received through the Platform. Gauge may be required to collect tax information and report payments to tax authorities as required by law.

12. Campaign Cancellation, Suspension, and Refunds

12.1 Campaign Lifecycle

Once a Campaign is published and Creators have begun participating, it is considered "Active." Active Campaigns represent commitments to both the Platform and participating Creators.

12.2 Brand-Initiated Cancellation or Suspension

Brands may request cancellation or suspension of an Active Campaign by contacting Gauge. The following terms apply:

a) Cancellation for Cause. A Brand may cancel a Campaign if Gauge materially fails to deliver the services described in these Terms (e.g., AI Moderation system is non-functional, content scoring is not being performed). In such cases, unused reward pool funds will be returned to the Brand minus any Rewards already earned by Creators and any applicable Platform fees.

b) Cancellation Without Cause. If a Brand requests cancellation of an Active Campaign for reasons unrelated to a material failure by Gauge — including but not limited to dissatisfaction with creator content that meets Campaign scoring thresholds, a desire for services not included in the Platform's scope, or a change in marketing strategy — the following applies:

• All Platform service fees are non-refundable. Campaign setup, AI Moderation infrastructure, and content scoring services are considered delivered upon Campaign activation.
• All Rewards earned by Creators prior to the cancellation date are non-refundable and will be distributed to Creators in accordance with Campaign terms.
• Any unspent reward pool balance remaining after deducting earned Creator Rewards may be issued as credit toward a future Campaign at Gauge's sole discretion. Credits expire 90 days from date of issue. Gauge is under no obligation to issue cash refunds for unspent reward pool funds.

12.3 Creator Work Protection

Creators who participate in Campaigns in good faith and submit content that meets or exceeds Campaign Moderation Score thresholds are entitled to earned Rewards. Campaign cancellation or suspension by a Brand does not void Rewards earned by Creators for qualifying content submitted prior to cancellation.

12.4 Gauge-Initiated Cancellation

Gauge reserves the right to cancel or suspend a Campaign if it determines that the Campaign violates these Terms, applicable laws, or Platform policies. In such cases, Reward distribution and refund terms will be determined at Gauge's discretion.

12.5 No Refunds for Completed Campaigns

Campaigns that have run to completion are not eligible for refunds. Dissatisfaction with Campaign outcomes, including content quality, engagement levels, or Moderation Scores, does not constitute grounds for a refund, consistent with Section 13.4 (No Guarantee of Results) of these Terms.

12.6 Scope of Service

For the avoidance of doubt, Gauge provides AI-powered content scoring and reward distribution services. Gauge does not provide editorial control over Creator content, pre-publication content approval, or managed content creation services. Campaign cancellation requests based on the absence of services outside Gauge's stated scope do not constitute cancellation for cause.

13. Disclaimers

13.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13.2 AI Moderation Limitations

AI Moderation is automated and may produce errors. We do not guarantee the accuracy, completeness, or consistency of Moderation Scores. AI models may be updated, which can affect scoring over time. Gauge is not liable for Rewards lost due to AI scoring decisions.

13.3 Third-Party Platforms

Gauge relies on third-party social media platforms (X/Twitter, TikTok) for content access and engagement data. We are not responsible for changes, outages, API limitations, or policy changes by these platforms that may affect the Service.

13.4 No Guarantee of Results

Gauge does not guarantee any specific results from Campaign participation, including audience reach, engagement levels, follower growth, or revenue. Campaign performance depends on many factors outside Gauge's control.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GAUGE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, data, or business opportunities.
• Damages arising from third-party platform actions or policy changes.
• Content removal or account actions by third-party platforms.
• AI Moderation scoring decisions or errors.
• Damages exceeding the fees you paid to Gauge in the 12 months preceding the claim.

Some jurisdictions do not allow limitation of liability for certain damages. In such cases, our liability is limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Gauge and its affiliates from any claims, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service.
• Your violation of these Terms.
• Your violation of any third-party rights.
• Content you create or submit, including Campaign content.
• Your failure to comply with advertising disclosure requirements.
• Claims arising from your Connected Account activity.

16. Dispute Resolution

16.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

16.2 Arbitration

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in English and held in Delaware or remotely.

16.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH GAUGE ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

16.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Service.

17. Modifications

We may modify these Terms at any time by posting updated Terms on our website. Material changes will be notified via email or Platform notification at least 30 days before taking effect. Your continued use after changes constitutes acceptance.

18. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or any other reason. Upon termination:

• Your license to use the Service ends immediately.
• Pending Rewards may be forfeited if termination results from your violation of these Terms.
• You must cease all use of the Service and disconnect Connected Accounts.
• Provisions that should survive termination will remain in effect.

19. Additional Features

Certain features of the Platform may be subject to supplementary terms. These supplementary terms will be presented to you before you access the relevant features and are incorporated into these Terms by reference.

20. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy and any applicable supplementary terms, constitute the entire agreement between you and Gauge.

Severability: If any provision is found unenforceable, the remaining provisions continue in effect.

Waiver: Our failure to enforce any provision does not waive our right to enforce it later.

Assignment: You may not assign your rights under these Terms. We may assign our rights to any affiliate or successor.

Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control, including third-party platform outages or API changes.

21. Contact Information

For questions about these Terms, contact us at:

Email: legal@gauge.fun

Website: gauge.fun