1.About these terms
These Terms of Service ("Terms") are a contract between you and [Your Company Ltd.] ("NextGenUGC", "we", "us") and govern your use of the NextGenUGC website and services (the "Platform"). By creating an account or using the Platform you agree to these Terms and to our Privacy Policy. If you don't agree, don't use the Platform.
NextGenUGC is a marketplace that connects businesses looking for user-generated content ("Brands") with content creators ("Creators"). We provide the tools to discover each other, agree on work, communicate, deliver content and process payments. Unless we say otherwise, we are not a party to the agreement between a Brand and a Creator.
2.Accounts
- You must be at least 18 years old and able to enter a binding contract. If you use the Platform for a company, you confirm you're authorised to bind it.
- Give accurate information and keep it up to date — including audience and engagement figures, which Brands rely on.
- Keep your password secure and don't share your account. You're responsible for activity under it. Tell us right away at [email protected] if you suspect unauthorised use.
- New Brand accounts are reviewed before they can post jobs or send offers. We may approve, reject or ask for more information at our discretion.
3.Creator subscriptions
Creators need an active paid plan to use the marketplace. Current plans are Basic ($30/month), VIP ($50/month), Elite ($250/month). Plans are sold in 1, 3 or 6-month billing blocks, with 10% off 3-month blocks and 20% off 6-month blocks. Prices and what each plan includes are shown on the subscription page before you buy and may be updated with at least 30 days' notice for existing subscribers.
- Auto-renewal. Plans renew automatically at the end of each billing block at the then-current price until you cancel.
- Cancelling. You can cancel any time from your Subscription page. Cancellation takes effect at the end of the current block; you keep access until then.
- Upgrades apply immediately, and you pay a prorated amount shown to you before you confirm. Downgrades and changes of billing length take effect at the end of the current block.
- Failed payments. If a renewal payment fails, you keep access for a 3-day grace period. If payment isn't completed by then, access to paid features is paused until it is.
- Refunds. Except where required by law, payments are non-refundable and we don't give credits for partially used periods.
- We may grant complimentary access at our discretion; it ends on the date shown and doesn't renew.
Payments are processed by Stripe. By subscribing you also agree to Stripe's terms. We never see or store your full card number.
4.Bookings, payments and fees
- Offers. A Brand can send a Creator an offer with a brief, budget and deadline, or accept a Creator's application to a job. Either side may counter. A booking is formed when one side accepts the other's latest terms; the brief, budget and deadline then form the agreement between them.
- Delivery and revisions. The Creator uploads the agreed content through the Platform. The Brand may approve it or request reasonable changes within the scope of the brief.
- Payment. The Brand pays the agreed budget through the Platform when it approves the content. Brands must not withhold approval unreasonably for content that meets the brief.
- Platform fee. We deduct a platform fee from each completed booking before crediting the Creator. The current fee is 15% of the booking budget. The fee in force when the booking is paid applies.
- Cancellations. Either side can cancel a booking before content is delivered. Once content is delivered, disputes are handled as described under "Disputes between users".
5.Creator earnings and payouts
- Your earnings (after the platform fee) are added to your in-app balance when a Brand pays.
- You can request a withdrawal of at least $20 to PayPal or a bank account. We aim to process requests within 3 business days. You're responsible for giving correct payout details.
- We may hold or reverse a payout if we reasonably suspect fraud, a chargeback, or a breach of these Terms.
- Creators are independent contractors, not our employees or agents. You're responsible for your own taxes, registrations and invoices required in your country.
6.Content and licences
Who owns what
Creators keep ownership of the content they create, unless a booking brief expressly agrees a transfer of ownership.
Licence to the Brand
When a Brand pays for a booking in full, the Creator grants that Brand a licence to use the delivered content on the terms set out in the brief. If the brief doesn't specify usage rights, the licence is non-exclusive, worldwide, and lets the Brand use the content on its own websites, social media accounts and paid social advertising for 12 months from delivery. The Brand may edit, crop and caption the content for those uses.
Licence to us
You give us a non-exclusive, royalty-free licence to host, store, display and process content you upload, only as needed to operate and promote the Platform (for example, showing a Creator's portfolio to Brands). This ends when you delete the content or your account, except for copies we must keep by law.
Your promises
- You have all rights needed for what you upload — including music, likenesses of other people, trademarks and locations — and it doesn't infringe anyone else's rights.
- Sponsored content you publish on your own channels follows the advertising-disclosure rules that apply to you (for example, marking it as an ad).
7.Acceptable use
You agree not to:
- Arrange or pay for work with someone you met on NextGenUGC outside the Platform to avoid fees, for 12 months after you were introduced.
- Post anything illegal, hateful, harassing, sexually explicit, deceptive, or that promotes violence or self-harm.
- Misrepresent your identity, audience, engagement or results, or post fake reviews.
- Spam, scrape, reverse-engineer or overload the Platform, or try to get around its security or paywalls.
- Use the Platform for products or services that are illegal or that we tell you we don't support.
8.Creator Academy
The Creator Academy course is included with eligible plans. We grant you a personal, non-transferable licence to view it while your plan is active. Don't download, share or resell the course materials. Course content is educational and doesn't guarantee any results or earnings.
9.Disputes between users
Brands and Creators should first try to resolve disagreements directly using the Platform's messaging. If you can't, contact us at [email protected]. We may review the brief, messages and deliverables and, acting reasonably, decide whether a payment should be released, refunded or split. We aren't obliged to resolve every dispute, and our involvement doesn't make us a party to your agreement.
10.Suspension and termination
You can stop using the Platform and ask us to close your account at any time. We may suspend or close an account, remove content, or cancel bookings if we reasonably believe you've broken these Terms or the law, or to protect other users. Where appropriate we'll tell you why. Sections that by their nature should survive termination (such as licences already granted for paid content, payment obligations and liability limits) continue to apply.
11.Disclaimers and liability
The Platform is provided "as is". We don't guarantee that it will be uninterrupted or error-free, or any particular result from a booking, campaign or course. We're not responsible for the content, conduct or performance of Brands or Creators.
To the extent permitted by law, we aren't liable for indirect or consequential losses, or for loss of profits, revenue, data or goodwill, and our total liability to you for any claim is limited to the greater of the fees you paid us in the 12 months before the claim or $100. Nothing in these Terms limits liability that can't be limited by law, such as for fraud or for death or personal injury caused by negligence.
You agree to cover our reasonable losses arising from content you upload or your breach of these Terms.
12.Changes, law and contact
We may update these Terms. If a change is material we'll give you notice (for example by email or in the app) before it takes effect. Continuing to use the Platform after that means you accept the new Terms.
These Terms are governed by the laws of [your country], and disputes will be handled by the courts of [your city, country], unless the law where you live gives you the right to bring a claim there.
Contact: [email protected].
[Your Company Ltd.]
[Street, City, Postcode, Country]
Questions? [email protected]