These Terms of Service ("Terms") constitute a legally binding agreement between you and Creator Software Inc., doing business as Creator ("Company," "we," "us," or "our"), operating at joincreator.co. By accessing or using Creator, you agree to be bound by these Terms. If you do not agree, do not use the Services.
Creator provides a platform connecting brands with UGC creators, influencers, and athletes for content campaigns.
Structure of These Terms
These Terms are divided into three parts. If there is a conflict, the applicable Part II or Part III controls for that user type.
Part I — General Terms (apply to all users)
Part II — Additional Terms for Brands
Part III — Additional Terms for Creators
1. Definitions
"Brand"means Any company, agency, or organization using the Services to post campaigns, request deliverables, or engage creators.
"Creator"means Any individual using the Services to apply for, accept, or perform creative services or submit deliverables.
"Campaign"means A project, job, posting, or engagement offered through the Services.
"Deliverables"means Content or outputs created for a Campaign, including videos, photos, posts, edits, raw files, or similar.
"User Content"means Content submitted, posted, or uploaded by a user.
"Services"means The Creator platform, website, and all related features and tools.
2. Eligibility
You must be at least 18 years old and legally capable of entering a binding contract. If using the Services on behalf of a company, you represent that you have authority to bind that company to these Terms. The Services are not intended for children under 18.
3. Accounts
You are responsible for maintaining accurate account information and keeping your login credentials secure. You are responsible for all activity under your account. Notify us immediately at hello@joincreator.co of any unauthorized access or security breach.
4. Nature of the Platform
Creator Software Inc. provides a technology platform only. We do not guarantee outcomes, earnings, campaign selection, or continued availability of the Services. We are not a staffing agency, employer, or party to agreements between brands and creators.
5. Privacy
Our
Privacy Policy is incorporated into these Terms. By using the Services, you consent to our data practices.
6. User Content
You retain ownership of your User Content. By submitting content, you grant Creator Software Inc. a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, host, reproduce, distribute, and display it solely to operate and improve the Services. You represent that you have all rights necessary to grant this license and that your content does not violate law or third-party rights.
7. TikTok Integration
If you connect your TikTok account, you authorize Creator to access your basic profile information and account statistics as permitted by TikTok's API. We do not post to your account without your explicit action. You may disconnect at any time from your profile settings.
8. Prohibited Activities
You may not:
- ·Use the Services for unlawful or deceptive purposes
- ·Misrepresent your identity, audience, or capabilities
- ·Circumvent Creator's payment system by transacting off-platform
- ·Harass, threaten, or abuse other users
- ·Scrape, reverse engineer, or interfere with the Services
- ·Introduce malware or harmful code
- ·Bypass Creator's payment or enforcement mechanisms
9. Third-Party Services
The Services may integrate with third-party services including TikTok, Stripe, and others. Creator Software Inc. is not responsible for third-party services, outages, or actions.
10. Electronic Notices
Creator Software Inc. may communicate with you via email, in-app notifications, or other electronic means. We do not guarantee the delivery, timing, or receipt of any communications and shall not be liable for any failure or delay in transmission, including due to spam filters, carrier limitations, or technical issues.
11. DMCA / Copyright
If you believe content on Creator infringes your copyright, send a written DMCA notice to hello@joincreator.co including:
- ·Identification of the copyrighted work claimed to have been infringed
- ·Identification of the allegedly infringing material and its location
- ·Your contact information
- ·A statement of good faith belief that the use is not authorized
- ·A statement, under penalty of perjury, that the information is accurate and you are authorized to act
- ·Your physical or electronic signature
Users may submit a counter-notification as permitted by the DMCA, and we will process such counter-notifications in accordance with applicable law.
We may remove or disable access to allegedly infringing content without prior notice and may terminate accounts of repeat infringers.
12. Enforcement
Creator Software Inc. may monitor use of the Services and may suspend or terminate access, remove content, or take enforcement action at its sole discretion.
13. Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." CREATOR SOFTWARE INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
14. Limitation of Liability
To the maximum extent permitted by law, Creator Software Inc. will not be liable for indirect, incidental, consequential, or punitive damages, including lost profits or data. Our total liability will not exceed the greater of (a) $100 or (b) the amount you paid us in the six months before the claim.
15. Indemnification
You agree to defend and indemnify Creator Software Inc. from claims arising out of your use of the Services, your User Content, your breach of these Terms, or your violation of law or third-party rights.
16. Dispute Resolution
Informal Resolution. The parties agree to attempt to resolve disputes informally for at least 30 days before initiating arbitration.
Arbitration. Disputes will be resolved by binding arbitration administered by the American Arbitration Association. Brands use AAA Commercial Rules; Creators use AAA Consumer Rules. Arbitration shall take place in Delaware unless otherwise required by law.
Class Action Waiver. Claims may only be brought individually. Class and representative actions are expressly waived.
Injunctive Relief. Either party may seek injunctive relief for IP misuse or unauthorized platform use. This Dispute Resolution section survives termination of these Terms.
17. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules.
18. Term and Termination
These Terms remain in effect while you use the Services. Creator Software Inc. may suspend or terminate access at any time, with or without cause. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination will survive, including Sections 6, 10, 13, 14, 15, 16, and 17.
19. Force Majeure
Creator Software Inc. is not liable for delays or failures caused by events beyond our reasonable control, including acts of God, government actions, internet outages, or changes to third-party platform APIs or policies.
20. Miscellaneous
These Terms constitute the entire agreement between you and Creator Software Inc. If any provision is held invalid or unenforceable, it shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect. Creator Software Inc. may assign these Terms freely. Your rights under these Terms may not be assigned without our prior written consent.
21. Changes
We may update these Terms. We will notify you of significant changes by email or in-app. Continued use after changes means you accept them.
Part II
Additional Terms for Brands
B1. Brand Authority
You represent that you have authority to bind your organization to these Terms.
B2. Campaign Responsibility
You are responsible for ensuring your campaigns are accurate, lawful, and compliant with FTC endorsement guidelines, CAN-SPAM, TCPA, and applicable privacy and data protection laws. You agree to defend, indemnify, and hold harmless Creator Software Inc. from claims arising from your campaigns or communications with creators.
B3. Relationship with Creators
Creator Software Inc. is not a staffing agency. Creators are independent contractors — not employees of Creator Software Inc. or any brand. No employment, agency, partnership, or fiduciary relationship is created. Any agreement between a brand and a creator is solely between those parties. Creator Software Inc. is not a party to it and disclaims all liability arising from it.
B4. Payments
Creator Software Inc. charges a 15% platform fee on all campaign deals. You authorize us to charge your stored payment method for subscription fees, creator compensation, taxes, and applicable enforcement amounts. All payments are non-refundable unless expressly stated. Creator Software Inc. does not act as an escrow agent, trustee, or fiduciary.
B5. Non-Circumvention
You must pay creators exclusively through Creator for work sourced through the platform. Off-platform payments intended to avoid fees may result in liquidated damages of $2,500 per creator per occurrence, immediate account suspension, and legal action.
B6. Content Approval
You have 5 days to accept or reject submitted Deliverables. Upon full payment and acceptance (or deemed acceptance after 5 days), all intellectual property in the Deliverables transfers to you.
B7. Publicity
You grant Creator Software Inc. permission to use your company name and logo for case studies and marketing unless you opt out by emailing hello@joincreator.co.
Part III
Additional Terms for Creators
C1. Onboarding
Creators must complete account setup and payment verification to receive payouts.
C2. Independent Contractor
Creators are independent contractors of the brand — not employees of Creator Software Inc. or any brand. You control your own methods, timing, and tools, subject to Campaign requirements and applicable law. You are responsible for all taxes and expenses. Any agreement between a brand and a creator is solely between those parties. Creator Software Inc. is not a party to it.
C3. Compliance
You must comply with Campaign briefs, FTC endorsement disclosure guidelines, and all applicable laws. Creators are responsible for disclosing paid partnerships in all content where required by law.
C4. Content Ownership and IP
Deliverables you create for a Campaign are owned by the brand upon acceptance and payment. You assign all rights in Deliverables to Creator Software Inc. for assignment to the brand. Your background IP remains yours but is licensed as necessary for the brand to use the Deliverables. You waive moral rights to the extent permitted by law.
C5. Payments
Payments are processed through third-party payment processors. You must complete identity verification to receive payouts. Creator Software Inc. may delay, withhold, suspend, or reverse any payout if:
- ·A brand disputes Deliverables within the acceptance window
- ·A brand's payment fails, is reversed, or is subject to a chargeback
- ·Creator Software Inc. reasonably suspects fraud or violation of these Terms
- ·Deliverables are removed, made private, or fail to meet Campaign requirements
- ·Required by law, a payment processor, or platform policy
Creator Software Inc. does not guarantee payment. Your remedy for non-payment is against the applicable brand, subject to our dispute resolution processes.
C6. Non-Circumvention
You may not accept off-platform payment for work sourced through Creator. Violations may result in forfeiture of unpaid amounts, account termination, and legal action.
C7. Creator Warranties
You warrant that your Deliverables:
- ·Are original or properly licensed
- ·Do not infringe third-party intellectual property rights
- ·Comply with all applicable disclosure and advertising laws
C8. No Guarantee of Work
Creator Software Inc. does not guarantee campaign selection, income, or ongoing opportunities.