Terms & Conditions
Terms & Conditions
Background
1.1 These general terms and conditions (the Terms) define the conditions under which independent creators and Creators (each a Creator) can use and contribute content to the UGCanva Solutions OÜ (business ID: 2913651-8; UGCanva) online services via a platform (the Platform) developed and maintained by UGCanva (the Service). Through this platform, third-party advertisers or other end-customers (each, a Customer) can request custom creative assets and social media marketing campaigns (each a Campaign).
1.2 These Terms govern the Creator's engagement in the following Services: (i) social media Creator marketing campaigns (Influencer Campaigns); (ii) creation of bundles of creative assets like photographs and videos (Content) crafted by Creators (the Content Creation Service). Within Content Creation Services, Content published or intended to be published as part of an Influencer Campaign can also be licensed by UGCanva to a Customer who has ordered the respective Influencer Campaign from UGCanva; or (iii) Providing Content to UGCanva’s content library (the Content Library). All Content from a Content Creation Service not chosen by the Customer for its Campaign is automatically stored into the Creator’s Content Library. Customers can order Content crafted by Creators for earlier Content Creation Services from the Content Library.
1.3 These Terms become effective when a Creator creates an account on the service and accepts the Terms on the Service. Creators cannot participate in a Campaign or upload any Content on the Service without accepting these Terms.
1.4 In addition to these Terms, the UGCanva Terms of Service* and Privacy Policy** are applicable to the Service. These Terms nullify and replace any prior agreements between the parties concerning the Service. Nonetheless, any Influencer Campaigns or Content Creation Services accepted prior to these Terms are to be completed normally according to the agreements under which they were agreed upon. *https://ugcanva.com/terms-of-service/ **https://ugcanva.com/privacy-policy/
1.5 Creators will conduct themselves in a professional manner and in accordance with the guidelines provided by UGCanva and the Customer, including respecting all applicable laws and regulations, while engaged in any Campaign or Content Creation Service. In the event that UGCanva determines, in its sole discretion, that a Creator has violated any of UGCanva’s or a Customer’s guidelines or any applicable laws or regulations, UGCanva may terminate the Creator’s account and access to the Service.
2.Service Description
2.1 The Platform is an online marketplace where Creators can be engaged by Customers to create custom creative assets and to conduct social media marketing campaigns. UGCanva’s role is to facilitate these transactions and to provide the Service in accordance with these Terms.
2.2 Creators are independent contractors and not employees of UGCanva. As such, Creators are solely responsible for all taxes, fees, and any other financial obligations arising from their use of the Service.
2.3 UGCanva may, from time to time, update the Service and these Terms. It is the Creator’s responsibility to review the Terms regularly. The use of the Service following any updates to the Terms constitutes the Creator’s acceptance of such updates.
3.Registration and Account
3.1 To use the Service, a Creator must register an account on the Platform. During registration, Creators must provide accurate and complete information and keep this information up to date.
3.2 Creators are solely responsible for all activity on their account, including any actions taken by persons to whom they have granted access to their account.
3.3 UGCanva reserves the right to suspend or terminate a Creator’s account and access to the Service at any time, including for violations of these Terms.
4.Campaigns and Content Creation
4.1 Campaigns and Content Creation Services are contracted directly between the Customer and the Creator. UGCanva is not a party to any agreement between a Customer and a Creator, except as expressly provided in these Terms.
4.2 UGCanva reserves the right to review and approve all Content before it is delivered to a Customer, to ensure it meets the guidelines set forth by UGCanva and the Customer
4.3 UGCanva does not warrant or guarantee any level of success or income from participating in any Campaign or Content Creation Service.
4.4 Creators agree to provide UGCanva and the Customer with any information necessary to demonstrate compliance with the guidelines set forth in these Terms and any applicable laws and regulations.
5.Payment
5.1 All transactions conducted through the Service are in Euros, unless otherwise specified by UGCanva.
5.2 UGCanva will process payments on behalf of Customers and Creators, and will distribute funds in accordance with the payment terms agreed upon between the Customer and the Creator.
5.3 Creators may be required to provide additional information to verify their identity before payments can be processed.
6.Intellectual Property
6.1 All intellectual property rights in the Platform and the Service are owned by UGCanva or its licensors. Creators are granted a limited, revocable, non-exclusive license to use the Platform and the Service solely in accordance with these Terms.
6.2 Creators agree that any custom creative assets created through the Service will become the exclusive property of the Customer, unless otherwise agreed upon in writing.
7.Confidentiality
7.1 Creators agree to maintain the confidentiality of all information obtained through the Service, including any Customer data, and agree not to disclose such information to any third party without the prior written consent of UGCanva and the Customer.
8.Indemnification
8.1 Creators agree to indemnify, defend, and hold harmless UGCanva, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to the Service (including negligent or wrongful conduct), by the Creator or any person accessing the Service using the Creator’s account.
9.Miscellaneous
9.1 These Terms constitute the entire agreement between Creators and UGCanva regarding the use of the Service, superseding any prior agreements between the Creator and UGCanva regarding such subject matter.
9.2 The failure of UGCanva to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
9.3 If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Background
1.1 These general terms and conditions (the Terms) define the conditions under which independent creators and Creators (each a Creator) can use and contribute content to the UGCanva Solutions OÜ (business ID: 2913651-8; UGCanva) online services via a platform (the Platform) developed and maintained by UGCanva (the Service). Through this platform, third-party advertisers or other end-customers (each, a Customer) can request custom creative assets and social media marketing campaigns (each a Campaign).
1.2 These Terms govern the Creator's engagement in the following Services: (i) social media Creator marketing campaigns (Influencer Campaigns); (ii) creation of bundles of creative assets like photographs and videos (Content) crafted by Creators (the Content Creation Service). Within Content Creation Services, Content published or intended to be published as part of an Influencer Campaign can also be licensed by UGCanva to a Customer who has ordered the respective Influencer Campaign from UGCanva; or (iii) Providing Content to UGCanva’s content library (the Content Library). All Content from a Content Creation Service not chosen by the Customer for its Campaign is automatically stored into the Creator’s Content Library. Customers can order Content crafted by Creators for earlier Content Creation Services from the Content Library.
1.3 These Terms become effective when a Creator creates an account on the service and accepts the Terms on the Service. Creators cannot participate in a Campaign or upload any Content on the Service without accepting these Terms.
1.4 In addition to these Terms, the UGCanva Terms of Service* and Privacy Policy** are applicable to the Service. These Terms nullify and replace any prior agreements between the parties concerning the Service. Nonetheless, any Influencer Campaigns or Content Creation Services accepted prior to these Terms are to be completed normally according to the agreements under which they were agreed upon. *https://ugcanva.com/terms-of-service/ **https://ugcanva.com/privacy-policy/
1.5 Creators will conduct themselves in a professional manner and in accordance with the guidelines provided by UGCanva and the Customer, including respecting all applicable laws and regulations, while engaged in any Campaign or Content Creation Service. In the event that UGCanva determines, in its sole discretion, that a Creator has violated any of UGCanva’s or a Customer’s guidelines or any applicable laws or regulations, UGCanva may terminate the Creator’s account and access to the Service.
2.Service Description
2.1 The Platform is an online marketplace where Creators can be engaged by Customers to create custom creative assets and to conduct social media marketing campaigns. UGCanva’s role is to facilitate these transactions and to provide the Service in accordance with these Terms.
2.2 Creators are independent contractors and not employees of UGCanva. As such, Creators are solely responsible for all taxes, fees, and any other financial obligations arising from their use of the Service.
2.3 UGCanva may, from time to time, update the Service and these Terms. It is the Creator’s responsibility to review the Terms regularly. The use of the Service following any updates to the Terms constitutes the Creator’s acceptance of such updates.
3.Registration and Account
3.1 To use the Service, a Creator must register an account on the Platform. During registration, Creators must provide accurate and complete information and keep this information up to date.
3.2 Creators are solely responsible for all activity on their account, including any actions taken by persons to whom they have granted access to their account.
3.3 UGCanva reserves the right to suspend or terminate a Creator’s account and access to the Service at any time, including for violations of these Terms.
4.Campaigns and Content Creation
4.1 Campaigns and Content Creation Services are contracted directly between the Customer and the Creator. UGCanva is not a party to any agreement between a Customer and a Creator, except as expressly provided in these Terms.
4.2 UGCanva reserves the right to review and approve all Content before it is delivered to a Customer, to ensure it meets the guidelines set forth by UGCanva and the Customer
4.3 UGCanva does not warrant or guarantee any level of success or income from participating in any Campaign or Content Creation Service.
4.4 Creators agree to provide UGCanva and the Customer with any information necessary to demonstrate compliance with the guidelines set forth in these Terms and any applicable laws and regulations.
5.Payment
5.1 All transactions conducted through the Service are in Euros, unless otherwise specified by UGCanva.
5.2 UGCanva will process payments on behalf of Customers and Creators, and will distribute funds in accordance with the payment terms agreed upon between the Customer and the Creator.
5.3 Creators may be required to provide additional information to verify their identity before payments can be processed.
6.Intellectual Property
6.1 All intellectual property rights in the Platform and the Service are owned by UGCanva or its licensors. Creators are granted a limited, revocable, non-exclusive license to use the Platform and the Service solely in accordance with these Terms.
6.2 Creators agree that any custom creative assets created through the Service will become the exclusive property of the Customer, unless otherwise agreed upon in writing.
7.Confidentiality
7.1 Creators agree to maintain the confidentiality of all information obtained through the Service, including any Customer data, and agree not to disclose such information to any third party without the prior written consent of UGCanva and the Customer.
8.Indemnification
8.1 Creators agree to indemnify, defend, and hold harmless UGCanva, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to the Service (including negligent or wrongful conduct), by the Creator or any person accessing the Service using the Creator’s account.
9.Miscellaneous
9.1 These Terms constitute the entire agreement between Creators and UGCanva regarding the use of the Service, superseding any prior agreements between the Creator and UGCanva regarding such subject matter.
9.2 The failure of UGCanva to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
9.3 If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.