By choosing to make use of the Creative Swop platform, you are hereby accepting the following terms and conditions as binding on yourself, the account holder.
The platform is a technology interface that bridges the gap between Brands (clients) and Creators (service providers). The platform is not a party to the content creation contract but a facilitator of the transaction.
Creators listed on the platform are freelancers and independent contractors, not employees of the platform. The platform has no control over the creative tools, filming locations, or schedules used by the Creator.
Creators are required to provide verifiable metrics (engagement rates, portfolio examples), and Brands are required to provide legitimate business details. Misleading profile data is strictly prohibited.
Users are fully responsible for safeguarding their login credentials. Any activity (such as approving a payment or submitting content) under their account is deemed authorized by them.
Creators are restricted to a single account to prevent fraud, rating manipulation, or ban evasion.
A binding contract is formed only when a Creator explicitly accepts a Brand's campaign brief or when a Brand accepts a Creator's specific proposal.
Creators agree to deliver UGC that matches the specific requirements (hooks, call-to-action, aspect ratio) outlined in the Brand's brief within the agreed timeline. Failure to meet deadlines may result in penalties or removal from the campaign.
The platform mandates professional communication standards (e.g., replying to revision requests within 24-48 hours) to ensure campaign momentum.
All campaign-related financial transactions must be processed through the platform. Direct payments (e.g., PayPal, Venmo) are strictly prohibited.
Funds provided by the Brand are held in escrow by the platform and are only released to the Creator once the content has been appraised and formally approved by the Brand.
The platform operates on a commission structure, where the platform is entitled to 15% of any ad spend used by the Brand. Such a service fee is deducted from Brands' campaign budget, with the remaining 85% of the budget reserved solely for the Creator upon campaign completion.
Creators are solely responsible for reporting their earnings and paying applicable income taxes; the platform will never do this on their behalf.
Brands and Creators are prohibited from taking their relationship "offline" to avoid platform fees. If a connection is made via the platform, the transaction must occur on the platform.
Sharing direct contact info (personal email, phone numbers, WhatsApp) before a contract is confirmed is prohibited to prevent circumvention.
If a Brand wishes to hire a Creator directly off-platform for a long-term contract, a specific "Conversion Fee" must be paid to the platform to release the parties from non-circumvention clauses. Such a fee will be determined in a meeting between the Brand and Creative Swop team.
Upon full payment, ownership of the UGC (video, images, raw files) transfers to the Brand. The Brand obtains the right to edit, distribute, and run ads on the content only on the platforms on which the content was intended. Should a Brand desire to utilise the content outside of these platforms (e.g., TV networks, billboards, etc.), further communication with the Creator will be required.
The platform allows Creators to display the work in their personal portfolios for self-promotion, unless a "White Label" or strictly confidential agreement is signed.
The platform retains all rights to its own software, design, and matchmaking algorithms.
The platform explicitly bans content that is illegal, offensive, fraudulent (e.g., buying fake views/followers), or damaging to a Brand's reputation.
The platform prohibits users from using automated tools to scrape Creator databases or Brand contact lists for commercial solicitation or building competing services.
The platform prohibits Creators from outsourcing the work to other creators without express permission; the face/persona approved by the Brand must be the one creating the content.
Creators agree to keep campaign details confidential. This is critical for pre-launch product reviews where the item cannot be shown publicly before a specific "Embargo Date."
Brands and Creators must protect any proprietary data or unreleased assets exchanged during the brief and creation process.
The platform does not guarantee that the site will be error-free or that a specific campaign will generate a specific ROI (Return on Investment).
The platform caps its financial liability (usually to the amount of fees paid) and is not liable for lost business, viral failures, or disputes arising from the content itself. However, the platform will act as a mediator in such disputes.
Users agree to cover the platform's legal costs if their actions (e.g., a Creator using copyrighted music without a license) cause the platform to be sued.
The platform reserves the right to suspend or ban users for violating T&Cs, such as harassment or repeated failure to deliver content.
Outlines the specific process for resolving disagreements (e.g., if a Brand rejects a video that the Creator feels meets the brief). This usually involves platform mediation or binding arbitration.
Specifies the legal jurisdiction (e.g., State of Delaware, UK Law) that will govern the interpretation of these terms.
The "Spotlight" feature enables Brands and "average users" to commission single-use, once-off campaigns and personalised video content from Creators. A Spotlight campaign is distinct from a recurring or subscription-based campaign and is governed by a self-contained brief with a defined deliverable, a fixed price, a fixed term, and a single approval cycle.
Brands commissioning personalised videos (e.g., content that includes a recipient's name, image, or other identifiable information) warrant that they have obtained all necessary consents from the individuals being referenced or depicted. The platform accepts no liability for personalised content created without adequate third-party consent.
Upon full payment, ownership of the personalised video transfers to the Brand for the specific stated use case outlined in the Spotlight brief. Personalised videos may not be repurposed, redistributed, or used in broader advertising campaigns beyond the scope agreed in the original brief without a separate licence agreement and additional Creator compensation.
Spotlight campaigns follow the same escrow protocol as standard campaigns (see Clause 4). Funds are held until the Brand formally approves the final personalised video. Given the bespoke nature of once-off content, the Brand is entitled to one round of revisions within the scope of the original brief. Requests that materially alter the brief may attract additional fees agreed directly in the Spotlight brief.
Due to the personalised and potentially sensitive nature of Spotlight videos, Creators may not display personalised video content in their public portfolios without the express written consent of the commissioning Brand and, where applicable, the individual depicted in the content.
The platform provides an in-platform messaging tool ("Chat") to facilitate professional communication between Brands and Creators in connection with active or prospective campaigns. Use of the Chat function is subject to these Terms & Conditions and constitutes acceptance of the rules (Set out in this Clause 12).
Users must not use the Chat function to: (a) share personal contact details (email addresses, phone numbers, social media handles) for the purpose of circumventing platform fees, in breach of Clause 5; (b) send unsolicited promotional messages, spam, or solicitations unrelated to a live campaign; (c) engage in harassment, abusive language, threats, or discriminatory communication; or (d) share unlawful, confidential, or misleading information. Violations may result in immediate suspension of Chat access and/or account termination.
The platform reserves the right to review, retain, and act upon Chat messages for the purposes of enforcing these Terms & Conditions, resolving disputes, detecting fraud, and complying with applicable legal obligations. Messages may be stored for an indefinite period following the conclusion of the relevant campaign. Users should not treat Chat messages as private communications insofar as the platform's monitoring rights are concerned.
The non-circumvention obligations set out in Clause 5 apply in full to all communications conducted via the Chat function. Any agreement, negotiation, or instruction to transact outside of the platform communicated through Chat constitutes a material breach of these Terms & Conditions.
Any creative briefs, feedback, concepts, or materials shared via Chat remain the intellectual property of the party that submitted them, subject to the licence rights granted under Clause 6. The platform does not claim ownership over content shared through the Chat function but retains the right to access such content for the purposes described in Clause 12.3 above.
By using the Creative Swop platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.