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Terms of Service (Brands)

Last Updated: 7 May 2026

InClub — Brand Terms

These Brand Terms apply to brands operating a Club on InClub. They sit alongside, and are read together with, our general Terms of Service (which apply to all users including brand admins acting in a personal capacity).

This is a preliminary version pending external legal review. The substance reflects how the platform operates today. When the lawyer's review lands, a new version will be published and brand admins will be re-prompted to agree at next sign-in if the changes are material.

1. Brand eligibility

To operate a Club on InClub a brand must:

  • Be a legally constituted entity with the right to enter into these Terms in the jurisdictions where it operates
  • Have an active Shopify store that the brand owns or is authorised to administer
  • Not be subject to a current platform ban or unresolved compliance dispute

Brand admins acting on behalf of the brand must be authorised to bind the brand to these Terms.

2. Club ownership

A Club is created and configured by the brand. The brand controls:

  • The Club name, branding, description and rules
  • Membership policies and admission criteria
  • Moderation of content within the Club, including removal of posts and suspension of members from the Club (member accounts on InClub overall remain unaffected)
  • Tier and badge configurations
  • Marketing-consent prompts presented inside the Club

InClub provides the platform and is not party to disputes between a brand and its Club members, except where required by safety, legal, or platform-policy considerations.

3. Member data flow

Member data flow between InClub and the brand follows the rules below. These are the only paths by which member data crosses from InClub to a brand's Shopify or admin tools.

At the moment a member voluntarily joins the brand's Club, and only then, the following three fields are written to the brand's Shopify customer database:

  • The member's email address
  • The member's first name
  • The member's last name

If no customer record exists for the email on the brand's Shopify, a new record is created with these three fields. If a record already exists, InClub does not overwrite the brand's existing first/last name on that record.

Separately, only when a member takes a further action inside the Club, additional information is tagged on the brand's Shopify customer record:

  • Interest tags (prefixed InClub_Interest_*) when the member selects interests
  • Badge / tier tags (prefixed InClub_Badge_*) as the member earns them through participation
  • Marketing-consent state when the member opts in or out of the brand's marketing

InClub will never share with the brand: members' posts, comments, reactions, polls, profile photos, date of birth, age-verification results, payment data, device data, engagement data (sessions, scroll, focus), or information about any other Club the member belongs to.

Brand admins of a Club can see joined-member profiles inside the InClub app: first name, last name, avatar, badges, and any profile fields the member has filled in. They cannot see member activity in other Clubs or any data outside their own Club.

4. Termination

A brand may terminate its participation in InClub at any time by following the in-app termination flow or by contacting [email protected]. InClub may also terminate a brand's access for breach of these Terms, breach of applicable law, unresolved safety issues, or non-payment of fees.

On termination:

  • The Club is closed; member access to its surfaces is removed
  • The brand's admin tools for that Club are revoked
  • The brand retains the member contact data already synced into its own Shopify customer database during the live relationship — that data remains with the brand on its Shopify side
  • The brand does not receive a separate data export from InClub on termination

The position on data export is deliberate:

  • Member contact data (email + first/last + interest/badge tags + marketing-consent state) already flows to the brand's Shopify during the live relationship — the brand has it. There is nothing to export that the brand does not already hold.
  • Member-generated content (posts, comments, voice messages, engagement) is the member's intellectual property, licensed to InClub for platform use only. It is not transferable to a brand on termination.
  • Brand-authored Club configuration (Club name, badges, products, posts authored by brand admins) has no portable value outside the InClub platform context and is not separately exported.

Members of the closed Club remain InClub members; their accounts and content are unaffected by the brand's departure.

5. Brand content licence

The brand retains ownership of content it authors on InClub (Club configuration, branded posts authored by brand admins, badges and tier visuals it provides). The brand grants InClub a worldwide, non-exclusive, royalty-free licence to host, store, display and distribute that content for the purpose of operating the service.

This licence ends when the brand terminates its participation, subject to up to 14 days of backup persistence.

6. Marketing consent

The brand is responsible for ensuring that any marketing consent it captures from a member through the Club complies with applicable spam, telemarketing and consumer-protection laws (including the Spam Act 2003 (Cth) in Australia and the equivalent in other jurisdictions where it markets).

InClub's role in marketing consent is to record the member's opt-in/opt-out state and propagate it to the brand's Shopify customer record. We do not send marketing on the brand's behalf.

7. Liability and indemnity

The brand is responsible for content authored by its admins, decisions made by its moderators, and the legal compliance of its marketing and commerce activities. The brand indemnifies InClub against third-party claims arising from these.

InClub's liability to the brand is limited to fees paid by the brand under the active subscription tier in the 12 months preceding the claim, to the maximum extent permitted by law.

8. Governing law

These Brand Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales have non-exclusive jurisdiction.

9. Changes to these Brand Terms

We may update these Brand Terms from time to time. When we do, we will publish the new version at a versioned URL (the current version is always at /terms-brands) and notify active brand admins by email with a summary. Brand admins will be prompted to re-agree at next sign-in if the changes are material.

10. Contact us