Terms of Service

1. Description of Service

CreatorBids is a reverse auction marketplace that connects content creators ("Creators") with brands and advertisers ("Brands"). Creators list sponsorship opportunities ("Slots"), and Brands bid on these opportunities in timed auctions. When an auction ends, the Creator selects a winning bid, and the parties enter into a sponsorship agreement facilitated through our platform.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding agreements to use our Service. By using the Service, you represent and warrant that you meet these requirements.

2.2 Account Creation

To access most features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

2.3 Creator Requirements

Creators must meet minimum follower and engagement requirements as specified on our platform. These requirements vary by platform (e.g., 10,000 followers for Instagram, TikTok, YouTube, and Twitter; 2,500 subscribers for newsletters; 1,000 downloads per episode for podcasts). Creators must verify their metrics through our verification process before listing Slots.

3. Creator Responsibilities

3.1 Accurate Information

Creators must provide accurate and truthful information about their social media accounts, including follower counts, engagement rates, and audience demographics. Providing false or misleading information is strictly prohibited and may result in account termination, forfeiture of payments, and legal action.

3.2 Verification

Creators must complete our verification process, which may include connecting social media accounts via OAuth, uploading screenshots of analytics dashboards, or providing other proof of metrics. We use automated systems and manual review to verify Creator metrics. Falsifying verification materials constitutes fraud.

3.3 Content Delivery

When a Creator accepts a winning bid, they enter into a binding agreement to deliver the sponsored content as specified in the Slot listing. Creators must deliver content within the agreed timeframe and in accordance with any specific requirements outlined in the transaction contract.

3.4 Prohibited Practices

Creators are prohibited from:

• Purchasing fake followers, likes, or engagement
• Using bots or engagement pods to inflate metrics
• Misrepresenting audience demographics
• Accepting payment outside the platform to circumvent fees
• Failing to disclose sponsored content as required by law (e.g., FTC guidelines)
• Delivering content that differs materially from what was agreed upon

4. Brand Responsibilities

4.1 Bidding

By placing a bid, Brands commit to pay the bid amount if selected by the Creator. Bids are binding commitments. Brands must have a valid payment method on file before placing bids.

4.2 Payment

When a Brand's bid is selected, payment is processed immediately and held in escrow until the Creator delivers the content and the Brand approves the delivery. Brands agree to review and respond to deliveries in a timely manner.

4.3 Content Guidelines

Brands must provide clear, lawful content guidelines to Creators. Brands may not request content that violates laws, infringes third-party rights, or violates platform policies of the relevant social media platforms.

4.4 Approval and Disputes

Brands must approve or dispute delivered content within 7 days of delivery. Failure to respond within this period may result in automatic approval and release of funds to the Creator. Disputes must be made in good faith with specific reasons for rejection.

5. Fees and Payments

5.1 Platform Fee

CreatorBids charges a platform fee of 10% on all completed transactions. This fee is deducted from the Creator's payout. Brands pay the full bid amount with no additional platform fees.

5.2 Escrow

All payments are held in escrow until content is delivered and approved. Funds are released to Creators within 72 hours of approval. In case of disputes, funds remain in escrow until resolution.

5.3 Refunds

If a Creator fails to deliver content, Brands are entitled to a full refund. Partial refunds may be issued in cases of partial delivery or delivery not meeting specifications. Refunds are processed to the original payment method.

5.4 Taxes

Users are responsible for determining and paying any applicable taxes on their earnings or purchases through the Service. CreatorBids may provide tax documentation as required by law.

6. Auctions and Transactions

6.1 Auction Process

Creators set a minimum bid and auction duration when listing a Slot. Brands place bids anonymously during the auction period. When the auction ends, the Creator reviews all bids and selects a winner. Bids are visible to other Brands (amounts only, not identities) during the auction.

6.2 Binding Agreements

When a Creator selects a winning bid, both parties enter into a binding sponsorship agreement. The terms of this agreement are governed by the Slot listing details and any additional terms specified in the transaction contract generated by our platform.

6.3 Cancellation

Creators may cancel a Slot before any bids are placed. Once bids are placed, cancellation may result in penalties. After a winning bid is selected, cancellation by either party may result in fees, account restrictions, or other consequences.

7. Prohibited Conduct

You agree not to:

• Violate any applicable law or regulation
• Infringe the intellectual property rights of others
• Provide false or misleading information
• Engage in fraud, including metric fraud or payment fraud
• Circumvent the platform to avoid fees
• Harass, abuse, or harm other users
• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Use automated means to access the Service without permission
• Impersonate any person or entity
• Engage in bid manipulation or auction fraud

8. Intellectual Property

8.1 Platform Content

The Service, including its design, features, and content (excluding user-generated content), is owned by CreatorBids and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works of our platform without permission.

8.2 User Content

Users retain ownership of content they create and share through the Service. By posting content, you grant CreatorBids a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with operating and promoting the Service.

8.3 Sponsored Content

Ownership and licensing of sponsored content created through transactions on the platform are governed by the specific terms of each transaction contract between Creators and Brands.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT GUARANTEE THE ACCURACY OF CREATOR METRICS BEYOND OUR VERIFICATION PROCESS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF USERS OR THE QUALITY OF CONTENT CREATED THROUGH THE PLATFORM.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CREATORBIDS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.

11. Indemnification

You agree to indemnify, defend, and hold harmless CreatorBids and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) your content or sponsored content created through the platform.

12. Dispute Resolution

12.1 Transaction Disputes

Disputes between Creators and Brands regarding transactions should first be addressed through our platform's messaging system and dispute process. If parties cannot resolve a dispute, CreatorBids may, at its discretion, mediate the dispute or make a final determination regarding escrow funds.

12.2 Platform Disputes

Any disputes with CreatorBids shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to participate in class actions. Small claims court actions are permitted where applicable.

12.3 Governing Law

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.

13. Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms. You may close your account at any time by contacting us. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination shall survive (including payment obligations, intellectual property rights, disclaimers, and limitations of liability).

14. Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last updated" date. For significant changes, we may provide additional notice (such as email notification). Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any transaction contracts, constitute the entire agreement between you and CreatorBids regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or our right to enforce it later.

15.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

16. Contact Us

If you have questions about these Terms of Service, please contact us at: