Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and [COMPANY LEGAL NAME] (“UGCBank”, “we”, “us”) governing your access to and use of the UGCBank platform and services (the “Service”). UGCBank is a marketplace that connects brands with user-generated-content (UGC) creators and facilitates escrow-backed payments between them. Please read these Terms carefully.

1. Acceptance of terms

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity. If you do not agree, do not use the Service.

2. Eligibility and accounts

• You must be at least 18 years old and able to form a binding contract.
• You are responsible for the accuracy of your account information and for all activity under your account. Keep your credentials secure and notify us of any unauthorized use.
• Accounts are role-based (brand or creator). You may not transfer or share your account without our consent.

3. The marketplace and our role

UGCBank provides the platform, tooling, and payment infrastructure that let brands and creators find each other and transact. Brands and creators contract directly with one another for the applicable work. UGCBank is not a party to that underlying agreement, is not the employer of any creator, and does not guarantee the quality, legality, or outcome of any campaign, application, or deliverable.

4. Payments, fees, and escrow

• Escrow. When a booking is funded, the brand’s payment is held in escrow through our payments provider, Stripe. Funds are released to the creator when the associated deliverable is approved or otherwise becomes due under the campaign terms.
• Fees. UGCBank charges service fees as described on our Pricing page and, where applicable, plan subscription fees. Applicable fees are disclosed before you commit to a transaction. Fees are non-refundable except as expressly stated or required by law.
• Payouts and tax. Creators must complete Stripe Connect onboarding, including any identity and tax verification, to receive payouts. You are responsible for your own taxes arising from your use of the Service.
• Chargebacks and disputes. We provide a dispute process for campaign issues. Abusive chargebacks or attempts to circumvent escrow may result in suspension.

5. Creator obligations

• Deliver content that matches the agreed brief, on time, and free of undisclosed third-party material.
• Own or have the rights to everything you submit, including any music, footage, likeness, and trademarks, and secure releases from any individuals appearing in your content.
• Comply with applicable advertising and disclosure rules (for example, clearly disclosing paid partnerships).

6. Brand obligations

• Provide accurate briefs and fund bookings as agreed.
• Review and approve or dispute deliverables in good faith and within any agreed windows.
• Use licensed content only within the scope of the rights granted for the campaign.

7. Content and licensing

Creators retain ownership of the content they create. By delivering content through a campaign, the creator grants the contracting brand the license to the deliverables agreed for that campaign (for example, usage scope, channels, and duration as specified in the brief). You separately grant UGCBank a limited, non-exclusive license to host, store, encode, display, and transmit your content as necessary to operate the Service. You are responsible for ensuring the rights you grant are ones you actually hold.

8. Acceptable use

You agree not to:

• Violate any law or infringe the intellectual property, privacy, or other rights of others.
• Post unlawful, deceptive, harassing, hateful, or sexually exploitative content.
• Circumvent escrow or fees, transact off-platform to avoid the Service, or engage in fraud.
• Upload malware, scrape the Service without permission, or interfere with its operation or security.
• Misrepresent your identity, affiliation, or the origin or performance of content.

9. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate access if you breach these Terms, create risk or legal exposure, or engage in fraud or abuse. On termination, licenses granted for completed campaigns survive as agreed, and obligations that by their nature should survive (including payment, indemnity, and dispute terms) will continue. We will process funds already in escrow according to the applicable campaign terms and dispute process.

10. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any campaign will achieve a particular result. AI-generated drafts are provided without warranty and must be reviewed before use.

11. Limitation of liability

To the maximum extent permitted by law, UGCBank and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total liability for any claim arising out of or relating to the Service will not exceed the greater of the fees you paid to us in the twelve months before the event giving rise to the claim, or one hundred U.S. dollars (USD 100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless UGCBank and its affiliates from claims, damages, and expenses (including reasonable legal fees) arising from your content, your use of the Service, your breach of these Terms, or your violation of any law or third-party right.

13. Governing law and disputes

These Terms are governed by the laws of the jurisdiction in which [COMPANY LEGAL NAME] is established, without regard to conflict-of-laws rules. The courts located there will have exclusive jurisdiction, except where mandatory local law provides otherwise. [Governing-law jurisdiction and any arbitration terms to be finalized by counsel.]

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be posted here with an updated “Last updated” date, and where required we will notify you. Continued use of the Service after changes take effect constitutes acceptance.

15. Contact

Questions about these Terms can be sent to [COMPANY LEGAL NAME] at privacy@[DOMAIN].