Terms of Service

1. Acceptance and authority

This website, the Create Mate marketing campaign platform (the “Platform”), and Create Mate’s services are provided on the basis of you accepting these terms. By creating an Industry account, accessing the Platform, or using any services provided by Create Mate, including on behalf of a business, label, agency, brand, or organisation, you agree to be bound (or for the relevant entity to be bound) by these Terms and represent that you have authority to bind that entity that you represent (if any). The counterparty to these terms is referred to as “you” or “Industry User”.

If you or the entity that you represent do not agree to these Terms, you must not access or use the Platform.

2. Platform services

Create Mate’s Platform and related services that enable Industry Users to request Create Mate to run certain campaigns in relation to an Industry User’s products or services (each a “Campaign”). The Platform may allow Industry Users to access campaign reporting, analytics, creator content, campaign insights, and related campaign management services. Create Mate may also offer reporting services, creator management services, or other services, and may change the features of the Platform from time to time, as its business evolves.

For each Campaign:

• The Industry User may set or accept parameters as indicated on the Platform (eg around Create Mate fee, promoted product or services, region, target audience and target metrics, creative brief and content format). Certain targets, such as region, can only be targeted imprecisely, and Industry User accepts that Create Mate may rely on indicative or fuzzy data for the purpose of Campaign targeting. Once Create Mate has been instructed to launch a Campaign, no changes are permitted without Create Mate’s written consent.
• The strategy, execution, creator sourcing, creator coordination, campaign operations, moderation, and creator payout administration are managed solely by Create Mate, without further direction from Industry User. Unless otherwise agreed, Create Mate is not required to procure that creators retain Campaign videos on their account for a minimum period of time.

Create Mate is not a talent agency, employer, manager, representative, agent, or guarantor of creator performance. Creators remain solely responsible for their content, conduct, disclosures, and compliance obligations.

Industry Users remain responsible for ensuring that their campaign requests, supplied materials, and commercial activities comply with applicable laws, regulations, platform policies, and advertising standards.

3. Accounts and security

Industry Users warrant that they have provided accurate, current, and complete information when creating accounts on the Platform, and that such information is kept up-to-date when using the Platform.

Industry Users are responsible for maintaining the confidentiality of their account credentials, and for all activities occurring under their account.

4. Payments and commercial terms

4.1 Fees generally

Industry User must pay Create Mate’s fees without deduction or set-off, plus any applicable VAT, in accordance with the payment information provided by Create Mate from time to time (including in respect of currency and bank account). To the extent that Industry User must withhold any part of the fees, or pay any part of them to a regulatory authority, the relevant fees will be increased so that the total amount remitted to Create Mate remains the same. Each party will bear their own bank fees in relation to the services.

Unless otherwise specified by Create Mate, Create Mate may invoice for any Campaign or other services on confirmation of instructions. Invoices are payable within 7 days of receipt of a valid invoice, unless otherwise agreed by Create Mate. Create Mate may charge interest on overdue payments at the rate of the lower of (a) 18% per annum, and (b) the maximum amount permitted under applicable law.

4.2 Payment processing

Payments are processed through third-party payment providers and may be subject to payment verification procedures, compliance reviews, reserve requirements, processing delays, fraud checks, or payment provider policies.

Industry Users are responsible for maintaining valid payment methods and providing accurate billing and tax information. Create Mate reserves the right to delay, hold, reverse, reconcile, or refuse transactions where fraud, abuse, suspicious activity, chargebacks, payment disputes, or legal risk is identified.

5. Campaign information and compliance

Industry Users must provide lawful, accurate, and complete campaign information, including campaign objectives, timelines, target audience requirements, supplied materials, and any relevant compliance requirements (“Campaign Instructions”).

Industry Users must not request or encourage unlawful, deceptive, misleading, discriminatory, unsafe, or non-compliant conduct, including fake engagement, manipulated traffic, artificial amplification, or conduct that breaches platform rules or applicable law. If Create Mate receives such requests, they may be severed from the Campaign Instructions at Create Mate’s election.

Industry Users are solely responsible for ensuring that Campaign Instructions comply with all applicable advertising, consumer protection, intellectual property, disclosure, and data protection laws, including applicable guidance issued by regulators such as the ASA, FTC, ACCC, or equivalent authorities, and do not cause Create Mate or creators participating in Campaigns to breach such laws and guidance.

Any legal terms provided by Industry User in connection with Campaign Materials that restrict or impose burdens on Create Mate are of no effect unless expressly and specifically agreed in writing by Create Mate.

6. Intellectual property and licences

6.1 Industry User IP

Industry Users represent and warrant that they own or control all rights necessary for any materials supplied or made available to Create Mate or creators in connection with Campaigns, including music, artwork, logos, trademarks, footage, creative assets, and other materials (“Industry User Materials”).

6.2 Materials on content platforms

Industry Users represent and warrant that any Industry User Materials that are required to be used through a content platform have been uploaded to such platform and made available to all creators in the relevant jurisdictions of the Campaign, in a manner permitting Create Mate to execute and creators to participate in a Campaign in compliance with the platform’s terms and conditions.

6.3 Industry User’s grant of IP rights

In addition to any rights granted to creators and Create Mate under the terms of content platform terms and conditions, Industry Users grant Create Mate and participating creators a limited, non-exclusive, revocable licence to use, reproduce, make available to the public such Industry User Materials for the purpose of executing of the Campaign, including create Campaign materials on the Platform and creating content using any materials provided by Industry User.

Industry User also grants Create Mate a worldwide, irrevocable, perpetual licence to use Industry User Materials for:

• internal use and improving the Create Mate Platform and services;
• on the Create Mate website and Platform as case studies (provided that Create Mate will take down any Industry User Materials or information requested by Industry User in writing within 14 business days).

6.4 Industry User’s IP warranty

Industry User warrants that the Campaign Instructions and any other materials provided to Create Mate in connection with a Campaign, and Create Mate’s exercise of the rights granted to it in contemplation of carrying out a Campaign, will not: (a) constitute an infringement, misappropriation or violation of the rights, including intellectual property rights, of any third party, or (b) contain infringing, defamatory, obscene or other legally restricted material.

6.5 Creator IP

Creators retain ownership of their content. For approved campaign content, and subject to the payment by Industry User to Create Mate of all applicable fees, Create Mate grants, or will procure the grant to the relevant Industry User, receive a limited, worldwide, non-exclusive, royalty-free licence to use the approved creator content solely for the campaign purposes and duration specified by Create Mate or agreed campaign requirements. Unless expressly agreed otherwise in writing, no ownership rights are transferred. For the avoidance of doubt, “approved creator content” refers to creator content that has been submitted to Create Mate as part of a Campaign.

Any paid media rights in relation to Creator content, including boosting, paid advertising, Spark Ads, whitelisting, dark posting, or creator handle access, require a separate written agreement or express licence specifying the applicable scope, duration, placements, territory, and usage rights.

6.6 Create Mate’s IP

As between Industry User and Create Mate, and other than material licensed to Create Mate by Industry User, Create Mate owns and controls all the copyright and other intellectual property rights in the website and Platform.

Create Mate may use thumbnails, snippets, metadata, campaign statistics, and performance data for case studies, analytics, product features, marketing, sales materials, and investor materials.

7. Trust, safety, and platform integrity

Industry Users must not engage in fraudulent conduct, manipulate campaign metrics, misuse creator information, interfere with Platform operations, circumvent Platform commercial arrangements, or otherwise compromise the integrity of the Platform.

Industry Users may not use creator information obtained through the Platform for unrelated solicitation, recruitment, marketing, or external databases without lawful basis and consent where required.

Create Mate reserves the right, in its sole reasonable discretion, to reject, suspend, restrict, review, remove, or cancel Campaigns, content, accounts, payments, or activity that may create legal, fraud, reputational, authenticity, safety, or compliance risks.

Create Mate is not required to disclose internal moderation systems, fraud detection methodologies, integrity scoring systems, review procedures, or enforcement processes.

8. Reviews, disputes, and enforcement

Create Mate may conduct reviews relating to creator authenticity, traffic quality, campaign integrity, reporting accuracy, platform compliance, suspected fraud, or abuse.

Such reviews may consider platform analytics, engagement patterns, traffic quality indicators, manual review, automated systems, historical behaviour, and other integrity signals.

Industry Users may be required to provide supporting information or documentation during investigations, disputes, or reviews. Create Mate reserves the right to make final determinations regarding campaign integrity, creator eligibility, reporting accuracy, refunds, reversals, enforcement outcomes, and Platform compliance decisions.

9. Refunds, reversals, and chargebacks

Refunds, reversals, or service credits may be issued at Create Mate’s discretion, taking into account campaign progress, work already performed, creator activity, payment processing limitations, compliance reviews, and contractual obligations.

Where chargebacks, payment disputes, banking reversals, or fraud investigations occur, Create Mate may pause services, hold funds, suspend accounts, offset balances, recover amounts, or restrict Platform access pending resolution.

10. Privacy

Industry Users agree to comply with all applicable privacy and data protection laws and to use personal data solely for legitimate campaign purposes.

Personal data is processed in accordance with the Create Mate Privacy Policy. Industry Users acknowledge that Create Mate may use third-party service providers, subprocessors, hosting providers, analytics providers, and cross-border data transfers subject to appropriate safeguards and contractual protections.

11. Confidentiality

Each Party will keep confidential any confidential information supplied by the other Party in connection with these Terms, a Campaign, or the other Party. Each Party shall only disclose such information or part thereof (except to its own employees and advisers and then only on a need to know basis) with the other Party’s prior written consent. This obligation does not apply to information which has previously become or is generally known to the public, unless through a breach of these Terms or a similar confidentiality agreement; was previously rightfully known by the receiving Party; was received by the receiving Party from a third person without restriction or disclosure and without breach of a duty of confidentiality; or has been independently developed by the receiving Party.

In particular, Industry Users must maintain the confidentiality of non-public information relating to creators, campaigns, the Platform, and other users. Information about the strategy, execution, creator sourcing, creator coordination, campaign operations, moderation, and creator payout administration for which Create Mate is responsible is the confidential information of Create Mate.

Each Party may use publicly ascertainable data and statistics for case studies (eg #streams; growth; views, videos created, yoy growth).

12. Warranties and indemnity

Industry Users warrant that their campaigns, materials, and activities comply with applicable law and that they hold all necessary rights, permissions, and authorisations required to use the Platform and to grant Create Mate the necessary rights to conduct Campaigns.

Industry Users warrant that they will not use the Platform:

• in any way that breaches any applicable local, national, or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• in any manner that interferes with or disrupts the integrity or performance of the Platform or its components;
• for the purpose of harming or attempting to harm minors in any way;
• to send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms, or the relevant platforms terms and conditions;
• to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

Industry Users also agree:

• not to reproduce, duplicate, copy, sublicense, resell, rent, lease, transfer, assign, time-share, or otherwise commercially exploit or make any part of the Platform available to any third party, including without limitation, the development of a competing platform or access point for use or access to our data;
• not to access without authority, interfere with, hack, damage, or disrupt any part of our Platform, or any equipment or network on which the Platform is stored, or any software on which the platform is based;
• not to access the Platform by any means other than through the interfaces provided by us for use in accessing the Platform.

Industry Users agree to indemnify and defend Create Mate and its officers, employees, contractors, affiliates, and service providers against any claims, liabilities, losses, damages, costs, or expenses arising from their Campaigns, supplied materials, misuse of the Platform, breach of these Terms, or violation of applicable law or third-party rights.

13. Disclaimers and limitation of liability

The Platform and services are provided on an “as is” and “as available” basis. Industry User accepts that software may be susceptible to bugs and minor deviations from expected behaviour from time to time. To the fullest extent permitted by law, Create Mate disclaims all warranties, including warranties of merchantability, fitness for purpose, non-infringement, availability, and performance outcomes in connection with the Platform and its services.

Create Mate does not guarantee creator participation, engagement levels, campaign performance, uninterrupted availability, or specific commercial outcomes.

To the fullest extent permitted by law, Create Mate’s aggregate liability arising out of or in connection with the Platform or services shall not exceed the total amounts paid by the Industry User to Create Mate during the three months preceding the relevant claim.

Nothing in these Terms excludes liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any liability that cannot lawfully be excluded.

Neither party shall be liable to the other party for any special, indirect, aggravated or consequential loss or damage. Neither party shall be liable to the other party in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill; or any loss or corruption of any data, database or software.

Create Mate will not be liable to you in respect of any losses arising out of any event or events beyond its reasonable control, including communications outages, fire, flood, war, acts of God, changes to regulation or regulatory positions, or changes to the terms or operation of content platforms.

Industry User accepts that Create Mate has an interest in limiting the personal liability of our officers and employees and, having regard to that interest, agree that Industry User will not bring any claim personally against Create Mate’s officers or employees in respect of any losses suffered in connection with the Platform or Create Mate’s services.

14. Termination

Industry Users may stop using the Platform at any time. Upon termination, Create Mate may reconcile any outstanding balances, reversals, refunds, or payment obligations in accordance with these Terms.

Create Mate may suspend, pause or cancel a Campaign if:

• There is a breach, or alleged breach, of Industry User’s third party IP warranty in this Agreement.
• If there is any regulator inquiry in connection with the Industry User or a Campaign.
• Industry User’s Campaign Instructions are in breach of this Agreement.
• Create Mate or creators are subject to an event beyond its reasonable control, including communications outages, fire, flood, war, acts of God, changes to regulation or regulatory positions, or changes to the terms or operation of content platforms.

Create Mate may suspend or pause a Campaign, or suspend, restrict or cancel an Industry User’s account, if the Industry User has in Create Mate’s opinion:

• breached, or is likely to breach, these Terms,
• committed fraud, or where the Industry User’s account is involved in suspected fraud,
• not paid amounts due and payable to Create Mate,
• misused the Platform in any way,
• engaged in any acts or omissions that have unduly raised legal or reputational risk for Create Mate, or that may harm the Platform, creators, or other Industry Users.

No refunds are available for suspended or cancelled campaigns or accounts under this clause.

15. Dispute resolution and governing law

These Terms are governed by the laws of England and Wales.

Before commencing arbitration, the parties agree to attempt good-faith mediation for a period of 30 days.

If unresolved, disputes shall be finally settled by arbitration under the LCIA Rules in London, in English, by a single arbitrator.

Nothing in these Terms prevents either party from seeking urgent injunctive or equitable relief from a competent court.

16. Privacy Policy

Use of the Platform is also subject to the Create Mate Privacy Policy, which forms part of these Terms.

17. Changes to these Terms

Create Mate may update these Terms from time to time. Where required by law, we will provide notice of material changes.

Continued use of the Platform following any updates constitutes acceptance of the revised Terms.

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with the terms of any Campaign provided by us, and our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of the Platform, and shall supersede all previous agreements between you and us in relation to your use of the Platform.

18.2 Third party rights

A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

18.3 Assignment

Industry User shall not assign transfer or subcontract any of its rights and obligations under this Agreement without the prior written consent of Create Mate.

19. Contact

Create Mate Ltd
9 Kerry Street, Horsforth, Leeds, LS18 4AAW, United Kingdom
[email protected]