Nutzungsbedingungen

1. Parties and acceptance

These Terms of Service (“Terms”) govern the relationship between Devition Yazılım ve Bilişim Teknolojileri A.Ş. (Türkiye), which operates Phenomens (“Phenomens”, “we”, “us”), and the brands and creators who use the Platform (“User”, “you”). Creator payouts are made directly by Phenomens.

By creating an account or using the Platform you confirm that you have read and accept these Terms and our Privacy Policy.

2. Definitions

Platform: phenomens.com, the brand and creator dashboards and our mobile apps.
Brand: an individual or legal entity that runs campaigns on the Platform.
Creator: an individual who produces and publishes content by joining campaigns.
Campaign: a brand’s call for content, setting out its expectations, rate and budget.
Playbook (brief): the instructions and rules for content to be produced in a campaign.
CPM: the rate paid per 1,000 views.
Creator code: a creator-specific identifier added to the content caption as a hashtag (e.g. #PHN7K3M).
Connected account: a creator’s TikTok, Instagram or YouTube account connected to Phenomens through the platform’s official sign-in.
Platform data: profile and content data received from the official TikTok, Instagram and YouTube APIs.
Balance: the amount a brand tops up to spend on campaigns, or the total earnings a creator is entitled to.

3. Accounts and eligibility

To use the Platform as a creator you must be at least 18 years old and resident in Türkiye.
You are responsible for keeping the information you provide accurate and up to date.
You are responsible for the security of your account and all activity under it; tell us immediately if you notice unauthorised use.
Each person may open only one creator account. Accounts are not transferable.

4. Terms for brands

Brands are responsible for ensuring that campaigns, playbooks and the products or services promoted comply with applicable law, including advertising, consumer and competition law.
Brands may not ask creators to hide that content is advertising. Commercial collaborations must be clearly disclosed in line with the Turkish Ministry of Trade’s rules on social media influencers.
Campaign fees are deducted from the balance based on verified views. Daily and total budget limits are never exceeded; a campaign stops when its budget is used up.
Brands may use the creator profile data they see on the Platform (for example in the creator directory, invitations and applications) and the metric data of content submitted to their campaigns only to find creators for their campaigns on Phenomens and to evaluate those campaigns. They may not sell it, transfer it to third parties, process it for any other purpose, or use it to build profiles or databases about creators outside the Platform.
The monthly minimum spend under the Pro plan is added to the campaign balance.
Unused balance is refunded on request, net of statutory deductions and payment provider fees.

5. Terms for creators

Content must be original and comply with the playbook and the rules of the relevant social media platform.
Every campaign post must include your creator code and a disclosure of the collaboration (e.g. #ad, #işbirliği) in the caption.
Content must stay published and public for the period stated in the campaign terms.
In campaigns that require approved participation or draft approval, content published without the brand’s approval may not be paid.
You are responsible for taxes on your earnings and must declare your tax status (e.g. the Turkish Income Tax Law Art. 20/B exemption, sole proprietorship or company) accurately when you register.

Application evaluation and platform data

When you apply as a creator and connect your accounts, you give the consent below. We only evaluate people who have applied; we do not evaluate people who have not applied. Details are in our Privacy Policy.

6. Connected accounts and third-party platforms

When you connect an account, Phenomens uses read-only permissions only: it never posts, comments or sends messages on your behalf and never edits or deletes your content. You can disconnect at any time in your dashboard or in the platform’s settings (how to).
YouTube: Phenomens uses YouTube API Services. By using Phenomens you agree to be bound by the YouTube Terms of Service (www.youtube.com/t/terms). Google’s data practices are described in the Google Privacy Policy.
TikTok: the TikTok Terms of Service continue to apply to your TikTok account and content.
Instagram: the Instagram Terms of Use continue to apply to your Instagram account and content. Only professional (Creator or Business) Instagram accounts can be connected.
Phenomens is not affiliated with, endorsed or sponsored by TikTok, Meta / Instagram or Google / YouTube. Changes the platforms make to their APIs, rules or permissions may affect some Platform features.

7. View measurement and verification

Views are measured using data we receive from the platforms’ official APIs and each platform’s own definition of a view. Meta may deliver Instagram metrics with a delay of up to 48 hours; delays or corrections in platform data may be reflected in balances later. Views from connected Instagram accounts that are reported within 72 hours after a post’s tracking period or the campaign ends are billed and paid to the creator even if the campaign has ended, never beyond the campaign’s remaining budget or the brand’s balance. Phenomens reserves the right to correct measurements and to suspend or cancel related earnings for content suspected of bots, purchased views, artificial engagement or similar manipulation.

8. Fees and payouts

Phenomens charges a percentage of the CPM set by the brand as a platform fee; the rate shown to creators is net of this fee.
Creators can request a withdrawal once their balance is at least 5,05 $. Payouts are made only to a bank account (IBAN) registered in the creator’s own name.
Creator payouts are made directly by Phenomens. Withdrawal requests are paid within a reasonable time after review; statutory deductions are withheld from payouts.
Balances, fees and earnings are kept in US dollars (USD). Top-ups are charged in USD; top-up amounts shown in another currency are approximate and calculated at the exchange rate at the time of payment. Creator payouts are converted from USD into the currency of the receiving bank account at the exchange rate on the day the withdrawal is approved. The rate applied and the amount in the local currency are shown on the transaction record. Amounts shown on the site in a local currency are approximate and for information only.
Statutory taxes are shown separately on invoices.

9. Intellectual property

Unless the campaign terms say otherwise, creators keep the intellectual property rights in the content they produce. Brands may view content submitted to their campaigns on the Platform to run and report on the campaign. Additional uses, such as using content as advertising, are subject to separate terms and the creator’s consent. All rights in the Phenomens name, logo and software belong to Phenomens.

10. Prohibited use

using fake views, bots, engagement pods or purchased engagement,
using someone else’s content, identity or account, or trying to connect an account you do not own,
producing or requesting unlawful, misleading or hateful content or content that encourages violence or discrimination,
reverse engineering the Platform, scraping it automatically or attempting to bypass its security,
moving deals off the Platform to avoid Phenomens fees.

11. Suspension and termination

If you breach these Terms, Phenomens may suspend or close your account after notice or, depending on the severity of the breach, immediately; earnings related to the breach may not be paid. You can close your account at any time; see Account Deletion, and for deleting platform data, Data Deletion.

12. Limitation of liability

Phenomens is an intermediary platform that connects brands and creators. To the extent permitted by law, it is not liable for losses caused by outages on social media platforms, algorithm changes or the actions of third parties. Phenomens does not guarantee any particular number of views, sales or earnings.

13. Governing law, changes and contact

These Terms are governed by the laws of the Republic of Türkiye. The courts and enforcement offices of İstanbul (Central) have jurisdiction over disputes, without prejudice to the statutory rights of consumers. Material changes to these Terms will be announced before they take effect. Send questions to [email protected] and legal notices to [email protected].

Devition Yazılım ve Bilişim Teknolojileri A.Ş. (Türkiye)