1. Introduction, Purpose and Definitions
1.1 Introduction
These Terms and Conditions ("Terms") govern the access to and use of the PLAIDRY platform, accessible at plaidry.com (the "Platform"), operated by HSU HOLDING LLC, a limited liability company organized under the laws of the State of Wyoming, United States, with registered address at 30 N Gould St, Ste N, Sheridan, WY 82801, EIN 35-2903221, and sole member Erik Cenador Hsu (hereinafter "the Company," "we," "us," or "our").
By accessing or using the Platform, the User acknowledges having read, understood and accepted these Terms in their entirety. If the User does not agree with any of these Terms, they must refrain from using the Platform.
1.2 Purpose
PLAIDRY is a digital marketplace designed to connect creators, influencers and content professionals ("Creators") with brands, agencies and companies ("Advertisers") seeking to promote their products or services through digital content creation and affiliate marketing campaigns.
The Platform facilitates the intermediation between both parties, providing tools for profile discovery, campaign management, communication, payments and performance tracking. PLAIDRY does not provide, endorse or guarantee the services or products offered by any Creator or Advertiser.
1.3 Scope
These Terms apply to all users of the Platform, regardless of their role (Creator, Advertiser, or Visitor). Specific conditions may apply depending on the type of account and activity performed. By registering or using the Platform, the User agrees to comply with these Terms as well as any additional policies, guidelines or rules published on the Platform from time to time.
1.4 Definitions
- "Platform" refers to PLAIDRY, accessible at plaidry.com, including all its subdomains, mobile applications, APIs and related services.
- "User" refers to any individual or entity that accesses, browses, registers on, or uses the Platform in any capacity.
- "Creator" refers to a User who registers on the Platform to offer content creation, promotion, or affiliate marketing services.
- "Advertiser" refers to a User who registers on the Platform to find Creators, launch campaigns, or promote products and services.
- "Campaign" refers to any promotional activity, content request, or marketing initiative created by an Advertiser and executed by one or more Creators through the Platform.
- "Affiliate Link" refers to a unique trackable URL assigned to a Creator for the purpose of measuring referrals, clicks, conversions, or sales generated through their promotional efforts.
- "Commission" refers to the service fee charged by the Platform on transactions completed between Creators and Advertisers.
- "Content" refers to any text, image, video, audio, graphic, link, or other material uploaded, published or shared through the Platform by any User.
- "Account" refers to the personal or business profile created by a User upon registration on the Platform.
2. User Accounts, Age Requirements and KYC
2.1 Registration
To access certain features of the Platform, Users must create an Account by providing accurate, current and complete information. Users are responsible for maintaining the confidentiality of their login credentials and for all activities that occur under their Account.
The Platform reserves the right to suspend or terminate any Account that provides false, misleading or incomplete information during or after the registration process.
2.2 Age Requirements
The Platform is intended for Users who are at least 18 years of age or the age of legal majority in their jurisdiction, whichever is greater. By creating an Account, the User represents and warrants that they meet this age requirement.
If we become aware that a User under the minimum age has created an Account, we will terminate the Account immediately and delete all associated data in compliance with applicable child protection laws.
2.3 Know Your Customer (KYC)
In order to comply with applicable anti-money laundering (AML) regulations, counter-terrorism financing (CTF) laws, and other regulatory requirements, the Platform may require Users to complete a Know Your Customer (KYC) verification process before accessing certain features, including but not limited to receiving payments, withdrawing funds, or participating in Campaigns.
The KYC process may require the User to provide:
- A valid government-issued photo identification document (passport, national ID card, driver's license).
- Proof of address (utility bill, bank statement, official government correspondence) dated within the last 3 months.
- A selfie or live photo for identity verification purposes.
- Business registration documents, if the Account is held by a legal entity.
- Tax identification number or equivalent, as required by applicable law.
The Platform may use third-party identity verification providers to process KYC data. By submitting KYC documentation, the User consents to this processing in accordance with our Privacy Policy.
2.4 Account Responsibilities
Users agree to:
- Keep their Account information up to date at all times.
- Notify the Platform immediately of any unauthorized access or use of their Account.
- Not share, transfer, or sell their Account to any third party.
- Not create multiple Accounts for the purpose of circumventing Platform rules, restrictions, or enforcement actions.
The Platform shall not be liable for any loss or damage arising from the User's failure to comply with these account security requirements.
2.5 Account Suspension and Termination
The Platform reserves the right to suspend, restrict or permanently terminate any Account at its sole discretion, with or without prior notice, for reasons including but not limited to:
- Violation of these Terms or any applicable Platform policy.
- Fraudulent, deceptive or illegal activity.
- Failure to complete or pass KYC verification.
- Inactivity for a period exceeding 12 consecutive months.
- Requests from law enforcement or regulatory authorities.
- Any conduct that the Platform reasonably determines to be harmful to other Users, the Platform, or third parties.
Upon termination, the User's right to access the Platform ceases immediately. Any pending balance or unresolved transactions will be handled in accordance with the Platform's withdrawal and dispute resolution policies.
3. Payments, Commissions, Withdrawals and Tax Obligations
3.1 Payment Processing
All payments on the Platform are processed through third-party payment service providers. By using the Platform's payment features, Users agree to the terms and conditions of the applicable payment provider. The Platform does not directly store or process credit card or bank account information.
3.2 Commissions
The Platform charges a commission on each transaction completed between Creators and Advertisers. The applicable commission rate will be clearly displayed before the User confirms a transaction. The Platform reserves the right to modify commission rates at any time, with reasonable prior notice to affected Users.
Commission rates may vary depending on:
- The type of service or Campaign.
- The User's subscription tier or membership level, if applicable.
- Promotional offers or temporary discounts applied by the Platform.
3.3 Creator Earnings
Creators earn compensation based on the terms agreed upon with Advertisers for each Campaign, minus the Platform's applicable commission. Earnings are credited to the Creator's Platform balance upon successful completion of the agreed deliverables and approval by the Advertiser, or upon expiration of the applicable review period.
3.4 Withdrawals
Creators may withdraw their available balance subject to the following conditions:
- The minimum withdrawal amount is determined by the Platform and may vary by payment method and jurisdiction.
- Withdrawals are processed within the timeframe specified on the Platform, typically between 3 and 10 business days, depending on the payment method selected.
- The Platform may require completion of KYC verification before processing any withdrawal.
- The Platform reserves the right to hold withdrawals pending review if there is any suspicion of fraud, policy violation, or dispute.
3.5 Refunds and Disputes
Refund policies for Advertisers are governed by the terms of each individual Campaign and the Platform's dispute resolution process. The Platform will mediate disputes in good faith but does not guarantee any specific outcome. Decisions made by the Platform in the dispute resolution process are final and binding unless otherwise required by applicable law.
3.6 Currency and Fees
All amounts displayed on the Platform are in United States Dollars (USD) unless otherwise indicated. Users are responsible for any currency conversion fees, bank charges, or transfer fees imposed by their financial institution or payment provider.
3.7 Tax Obligations
Users are solely responsible for determining, reporting and paying any taxes, duties or other government assessments arising from their use of the Platform, including but not limited to income tax, VAT, sales tax, withholding tax or any other applicable tax in their jurisdiction.
The Platform may be required by law to collect tax-related information from Users and to report earnings to the Internal Revenue Service (IRS) or other tax authorities. Users agree to provide any requested tax documentation (such as IRS Form W-9 or W-8BEN) promptly upon request.
The Platform does not provide tax advice. Users are encouraged to consult with a qualified tax professional regarding their specific tax obligations.
4. Profile Selection and Review
4.1 Creator Profiles
Creators may create and maintain a public profile on the Platform that includes information such as their name, biography, portfolio, skills, rates, social media links, and other relevant details. Creators are solely responsible for the accuracy and completeness of their profile information.
The Platform reserves the right to review, approve, reject, or remove any Creator profile at its sole discretion. Profiles that contain false, misleading, offensive, or inappropriate content may be suspended or removed without prior notice.
The Platform may feature, highlight or promote certain Creator profiles based on performance metrics, quality of content, user engagement, or other criteria determined by the Platform. Inclusion in featured listings is not guaranteed and does not constitute an endorsement by the Platform.
4.2 Reviews and Ratings
Advertisers may leave reviews and ratings for Creators upon completion of a Campaign. Reviews must be truthful, fair and based on genuine experiences. The Platform reserves the right to remove reviews that are fraudulent, defamatory, harassing, or otherwise in violation of these Terms.
Creators may respond to reviews publicly. The Platform does not arbitrate disputes regarding the content of reviews except in cases of clear policy violations.
5. Campaigns, Affiliate Links and Advertising Content
5.1 Campaigns
Advertisers may create Campaigns on the Platform to engage Creators for content creation, promotion, or affiliate marketing services. Each Campaign must include clear terms, deliverables, timelines, and compensation details.
By participating in a Campaign, both Creators and Advertisers agree to the specific terms outlined in the Campaign brief. The Platform facilitates the connection but is not a party to the agreement between Creator and Advertiser.
The Platform reserves the right to review, modify, or remove any Campaign that violates these Terms, applicable laws, or Platform policies. This includes but is not limited to Campaigns that promote illegal products or services, contain misleading claims, or violate intellectual property rights.
5.2 Affiliate Links and Advertising Content
Creators who participate in affiliate marketing Campaigns are assigned unique Affiliate Links to track referrals, clicks, conversions, and sales. Creators agree to:
- Use Affiliate Links only in accordance with the Campaign terms and Platform policies.
- Clearly disclose the affiliate nature of their content in compliance with applicable advertising regulations (including but not limited to FTC guidelines).
- Not engage in click fraud, self-referrals, cookie stuffing, or any other fraudulent activity to inflate affiliate metrics.
- Not modify, redirect, or cloak Affiliate Links in a manner that interferes with tracking or attribution.
All advertising content created through the Platform must comply with applicable laws and regulations, including truth-in-advertising standards, disclosure requirements, and platform-specific guidelines for social media networks where the content is published.
6. Intellectual Property
6.1 Platform Intellectual Property
All intellectual property rights in the Platform, including but not limited to its design, code, algorithms, trademarks, logos, text, graphics, and user interface, are owned by or licensed to the Company. No User may copy, modify, distribute, sell, or create derivative works based on the Platform's intellectual property without prior written consent from the Company.
6.2 User Content
Users retain ownership of the Content they upload, publish, or share on the Platform, subject to the license granted herein. By uploading Content to the Platform, the User grants the Company a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, modify, and distribute the Content solely for the purpose of operating and promoting the Platform.
Users represent and warrant that they own or have the necessary rights, licenses, and permissions to upload and share their Content, and that the Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
6.3 Copyright Infringement (DMCA)
The Platform respects the intellectual property rights of others. If you believe that any Content on the Platform infringes your copyright, you may submit a notice pursuant to the Digital Millennium Copyright Act (DMCA) by contacting us at soporte@plaidry.com with the following information:
- A description of the copyrighted work that you claim has been infringed.
- A description of the material that you claim is infringing and its location on the Platform.
- Your contact information (name, address, email, phone number).
- A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
- Your physical or electronic signature.
7. Liability and Limitation of Liability
7.1 Platform Role
The Platform acts solely as an intermediary facilitating connections between Creators and Advertisers. The Platform is not a party to any agreement between Users and does not endorse, guarantee, or assume responsibility for the quality, safety, legality, or delivery of any services, content, or products offered or exchanged through the Platform.
7.2 Disclaimer of Warranties
The Platform is provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. To the fullest extent permitted by applicable law, the Company disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.
The Company does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
7.3 Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company, its directors, officers, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with:
- The use or inability to use the Platform.
- Any conduct or content of any User or third party on the Platform.
- Unauthorized access, use, or alteration of the User's transmissions or content.
- Any transactions or relationships between Users, including disputes between Creators and Advertisers.
- Any errors, interruptions, or delays in the Platform's operation.
The Company's total aggregate liability arising out of or relating to these Terms or the use of the Platform shall not exceed the greater of (a) the total fees paid by the User to the Platform during the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred United States dollars (USD $100.00).
7.4 Indemnification
The User agrees to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- The User's use of the Platform.
- The User's violation of these Terms or any applicable law or regulation.
- The User's Content or any activity conducted through the User's Account.
- Any dispute between the User and another User or third party.
8. Privacy Policy
The collection, use, storage, and sharing of personal data by the Platform is governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Platform, the User consents to the collection and processing of their personal data as described in the Privacy Policy.
The Privacy Policy describes in detail:
- The types of personal data collected.
- The purposes for which data is collected and processed.
- The legal bases for processing.
- Data retention periods.
- Users' rights regarding their personal data.
- Third-party data sharing and transfers.
- Security measures implemented to protect personal data.
The full Privacy Policy is available at plaidry.com/privacy.
9. Cookie Policy
The Platform uses cookies and similar tracking technologies to enhance user experience, analyze usage patterns, and deliver relevant content and advertising. By using the Platform, the User consents to the use of cookies as described in our Cookie Policy.
The Platform uses the following types of cookies:
- Strictly Necessary Cookies: Essential for the operation of the Platform, including authentication, security, and basic functionality.
- Analytical/Performance Cookies: Used to collect information about how Users interact with the Platform, including pages visited, time spent, and error messages.
- Functionality Cookies: Used to remember User preferences, settings, and choices to provide a personalized experience.
- Targeting/Advertising Cookies: Used to deliver relevant advertisements and measure the effectiveness of advertising campaigns.
Users may manage their cookie preferences through their browser settings or through the cookie consent mechanism provided on the Platform. Please note that disabling certain cookies may affect the functionality of the Platform.
The full Cookie Policy is available at plaidry.com/cookies.
10. Modification of Terms and Conditions
The Company reserves the right to modify, update, or amend these Terms at any time, at its sole discretion. When changes are made, the "Last Updated" date at the top of this document will be revised.
For material changes, the Platform will make reasonable efforts to notify Users through one or more of the following methods:
- A prominent notice on the Platform's homepage or dashboard.
- An email notification to the address associated with the User's Account.
- An in-app notification or pop-up message.
Continued use of the Platform after the effective date of any modification constitutes the User's acceptance of the revised Terms. If the User does not agree with the modified Terms, they must cease using the Platform and close their Account.
It is the User's responsibility to review these Terms periodically for any changes. The Company is not obligated to notify Users of non-material changes.
11. Dispute Resolution, Applicable Law and Jurisdiction
Applicable Law: These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles.
Informal Resolution: Before initiating any formal dispute resolution process, the parties agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Platform informally by contacting soporte@plaidry.com. The parties shall use good faith efforts to resolve the dispute within thirty (30) days of the initial notice.
Arbitration: If the dispute cannot be resolved informally, the parties agree that any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Sheridan, Wyoming, or at another mutually agreed location. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver: The User agrees that any dispute resolution proceedings will be conducted on an individual basis only and not in a class, consolidated, or representative action. The User waives the right to participate in any class action or class-wide arbitration.
Jurisdiction: For any disputes not subject to arbitration, or where arbitration is not enforceable, the User consents to the exclusive jurisdiction and venue of the state and federal courts located in Sheridan County, Wyoming, United States.
12. Final Provisions
Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
Waiver: The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be made in writing and signed by the Company to be effective.
Entire Agreement: These Terms, together with the Privacy Policy, Cookie Policy, and any other policies or agreements referenced herein, constitute the entire agreement between the User and the Company regarding the use of the Platform and supersede all prior agreements, understandings, and communications, whether written or oral.
Assignment: The User may not assign or transfer their rights or obligations under these Terms without the prior written consent of the Company. The Company may assign its rights and obligations under these Terms without restriction.
Force Majeure: The Company shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, war, terrorism, labor disputes, power outages, internet failures, or cyberattacks.
Headings: The section headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
Language: These Terms are drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.
13. Contact
For any questions, comments, concerns, or requests regarding these Terms and Conditions, the Platform, or the Company, please contact us at:
HSU HOLDING LLC
30 N Gould St, Ste N
Sheridan, WY 82801
United States
Email: soporte@plaidry.com
Platform: plaidry.com