Terms and Conditions

Welcome to Creatorplace. These terms and conditions outline the rules and regulations for the use of Creatorplace's platform.

1. ACCEPTANCE OF TERMS

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OR ACCESS THE SITES.

These Terms set out the legally binding terms for use of CREATORPLACE's Sites and Services. Users indicate acceptance of the Terms and all the terms and conditions contained or referenced in these Terms by browsing the Site(s), creating an account, or otherwise accessing the Services. Provided you comply with these Terms, CREATORPLACE grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Sites.

2. ELIGIBILITY AND ACCOUNTS

3. USE OF SERVICE

You agree to use Creatorplace only for lawful purposes and in a way that does not infringe the rights of others. You agree not to use the platform for any illegal purpose or to transmit any material that is defamatory, offensive, or otherwise objectionable.

4. CAMPAIGNS AND CREATOR REACH

The platform delivers creators in accordance with the campaign brief and the characteristics that the brand defines when creating the campaign. CREATORPLACE does not guarantee a minimum number of creators, but commits to using its automated system to reach the maximum number of creators possible in line with the campaign criteria.

If the campaign is filled and CREATORPLACE fulfills its objective of connecting the campaign with creators, CREATORPLACE is not responsible for any aspect not defined in the campaign brief.

If the brand does not provide a detailed brief, creators may apply and some applicants may not match what the brand is looking for; such outcome is the brand's responsibility. For the benefit of both creators and brands, we strongly encourage brands to provide as much information as possible in the campaign brief.

4.1 UGC CAMPAIGNS – INTERMEDIATION TERMS

By using Creatorplace for user-generated content (UGC) campaigns, the brand acknowledges and accepts the following:

4.2 COUNTER-OFFERS AND RATE NEGOTIATION

When applying to a campaign, creators may propose a custom compensation rate instead of accepting the posted rate. Counter-offer proposals are subject to review and are not automatically accepted. The brand has a limited period to review and respond to a counter-offer; if the brand accepts, the creator has a limited period to confirm their participation. Counter-offer proposals and responses are subject to automatic expiration. If any deadline is not met, the counter-offer is automatically declined and the original application may be treated as withdrawn. Platform administrators may also review counter-offers before forwarding them to the brand.

4.3 VOLUNTARY WITHDRAWAL FROM A CAMPAIGN

If you are approved for a campaign and wish to withdraw, you may do so without penalty within 12 hours of receiving your approval notification. Withdrawals made after this 12-hour grace period will result in one strike being added to your account. Repeated voluntary withdrawals may result in temporary or permanent exclusion from future applications to the affected campaign and may affect your account standing.

4.4 PLATFORM SERVICE COMMISSION

CREATORPLACE charges a service commission on campaign budgets in exchange for facilitating the connection between brands and creators, providing campaign management tools, payment processing, and content moderation services. The budget available for creator compensation is the total campaign budget minus the applicable platform commission. The commission rate is communicated at the time of campaign creation and may vary depending on the type of campaign or promotional conditions in effect.

4.5 PHYSICAL EVENTS

Some campaigns involve in-person attendance at physical events such as restaurant visits, product launches, brand activations, or workshops. For event-based campaigns: (a) attendance is verified via a QR code or equivalent confirmation method; (b) you may be required to select a specific date and time slot for your visit; (c) failure to attend without notifying the brand in advance may result in cancellation of your compensation and may negatively affect your account standing; (d) compensation for events may include discounts, credits, products, or other non-cash items as described in the campaign brief; and (e) event-specific content requirements must be fulfilled in the same manner as standard campaign deliverables.

5. CANCELLATION AND REFUND POLICY

6. ACCOUNT SUSPENSION & TERMINATION

CREATORPLACE reserves the right to suspend, disable, or terminate your account and access to the Services for the reasons listed below. For non-urgent violations, we will endeavor to provide advance notice and an opportunity to correct the issue. However, accounts may be suspended immediately and without prior notice in cases involving fraud, impersonation, or conduct that poses an immediate risk to the platform or its users. Reasons for suspension or termination include, but are not limited to:

• Breach of Terms: Any violation or inconsistency with these Terms and Conditions or any integrated policies.
• Campaign Non-Compliance: Failure to fulfill the terms, conditions, deadlines, or deliverables of a campaign or project agreed upon through the platform. This includes, but is not limited to, late submissions, failure to post content, or delivering content that does not meet the pre-established quality or technical requirements.
• Illegal or Harmful Activity: Using the platform for any unlawful purpose or in a manner that infringes the rights of others.
• Account Inactivity: Prolonged periods of inactivity that may compromise the security or integrity of the database.

Upon termination, your right to use the Services will immediately cease. Any licenses granted to you by CREATORPLACE will be revoked.

If your account is suspended or terminated and you believe the action was taken in error, you may contact support@creatorplace.ai to request a review within 14 days of the action.

7. INTELLECTUAL PROPERTY RIGHTS

8. CONTENT OWNERSHIP AND LICENSE

You retain ownership of any content you submit. However, by posting or displaying content through our Services, you grant Creatorplace a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods. This license is necessary for us to provide and improve the Services and to ensure integration with third-party platforms.

9. IMAGE AND LIKENESS RELEASE

By creating an account and submitting content to CREATORPLACE, you acknowledge and agree that your name, likeness, voice, persona, and performance contained in any User Content (collectively, "Likeness") may be used by CREATORPLACE and the specific brand, client, or enterprise that commissioned or purchased said User Content (the "Authorized Brand").

You hereby grant CREATORPLACE and the Authorized Brand a worldwide, non-exclusive, royalty-free, transferable, and sublicensable right to use, reproduce, modify, display, distribute, and perform your Likeness in connection with the User Content, specifically for the purposes of:

• Platform Operation: Providing the Services and ensuring proper functionality with integrated third-party platforms, for as long as the platform operates.
• Campaign Use by the Authorized Brand: Using your content and Likeness for the marketing and promotional purposes of the Authorized Brand, as defined in the campaign brief and the image rights agreement for that campaign. For use of your content or Likeness by CREATORPLACE in its own public promotional materials (such as case studies, website testimonials, or platform advertising), we will request your separate consent, which you may withdraw for future uses at any time by contacting us.

You hereby waive any right to inspect or approve the finished product or advertising materials produced by the Authorized Brand in connection with the campaign for which the content was created.

10. THIRD-PARTY SERVICE INTEGRATIONS

Our platform integrates with third-party services to deliver its functionality. By using these integrations, you agree to comply with the terms of service of the respective third parties. Creatorplace is not responsible for the actions, policies, or terms of third-party services.

11. AMBASSADOR AND REFERRAL PROGRAMS

CREATORPLACE offers referral programs through which creators may earn commissions by referring brands or other creators to the platform. Participation is subject to approval by CREATORPLACE.

Once approved, you will receive a unique referral code or link. Commissions are earned when referred parties complete qualifying actions on the platform, as specified at the time of program enrollment. Commission rates and qualifying conditions are subject to change with reasonable notice.

CREATORPLACE reserves the right to revoke your participation in any referral program if you violate these Terms, engage in fraudulent referral activity, or for other legitimate business reasons. Commissions earned prior to revocation will be honored unless the activity underlying those commissions was fraudulent.

12. SPONSORED CONTENT DISCLOSURE

Creators participating in paid campaigns are responsible for complying with all applicable advertising disclosure requirements in their jurisdiction. In particular, creators active in the United States must comply with the Federal Trade Commission (FTC) guidelines, which require clear and conspicuous disclosure of any material connection with a brand. This includes using labels such as #ad, #sponsored, or the platform's native "Paid partnership" tag where applicable.

Compliance with disclosure requirements is the sole responsibility of the creator. Failure to include required disclosures may result in content rejection, content removal, or account suspension. CREATORPLACE does not assume any liability for a creator's failure to comply with applicable advertising disclosure regulations.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless CREATORPLACE, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to reasonable attorney's fees) arising from:

• Your access to and use of the Services.
• Any User Content you post or share on or through the Services.
• Your violation of these Terms.
• Your violation of any third-party right, including without limitation any right of privacy or intellectual property rights.
• Your violation of any applicable law, rule, or regulation.

14. LIMITATION OF LIABILITY

Creatorplace shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the services.

The above limitations shall not apply to: (i) damages resulting from CREATORPLACE's gross negligence or willful misconduct; (ii) any breach of confidentiality obligations by CREATORPLACE; or (iii) infringement of intellectual property rights by CREATORPLACE.

15. NOTICES

CREATORPLACE may give general notices to parties by posting on its Sites, or by electronic mail to the e-mail address provided by a User to CREATORPLACE. It is the party's responsibility to ensure that their e-mail address and any other contact information provided to CREATORPLACE is updated, current and correct.

16. CHANGES TO TERMS

CREATORPLACE reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms, at any time. For material changes, we will provide at least 15 days' advance notice by email or through a prominent notice on our platform. Your continued use of the Sites following the end of the notice period will mean that you accept and agree to the changes. If you do not agree to the updated Terms, you must stop using the platform and may cancel your account.

17. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and interpreted under the laws of Delaware, United States, without regard to its conflicts of laws provisions.

Users agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware, United States.

Notwithstanding the foregoing, if you are located outside of the United States, the above choice of governing law and jurisdiction does not limit or waive any mandatory rights you may have under the applicable laws of your country of residence, including rights related to data protection and consumer protection.

Any claim against CREATORPLACE arising from the Terms shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party. Users further agree that, to the extent allowed by applicable law:

• (i) any and all disputes, claims, and causes of action arising out of or in connection with the Terms, shall be resolved individually without resort to any form of class action;
• (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, but in no event attorney's fees; and
• (iii) under no circumstances will Users be permitted to obtain any award for, and Users hereby waive all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses.

18. CONTACT US

If you have any questions about these Terms and Conditions, please contact us at support@creatorplace.ai