Terms of use

Version 1 — effective at the opening of the public beta, the date of which will be communicated to Creators

This is a translation of the French terms of use (Conditions Générales d'Utilisation). In case of discrepancy, the French version prevails.

Publisher

KOM, a company registered with the Paris Trade and Companies Register (RCS), SIRET 852 694 090 00022, with its registered office at 9 rue des Colonnes, 75002 Paris, France, publisher of the KREATRS platform (available at www.kreatrs.io).

1. Purpose

These Terms of Use (the "Terms") govern access to and use of the KREATRS platform by content creators (the "Creator", "you").

Accepting the Terms is a prerequisite for creating an account. Each mission accepted by the Creator gives rise to a separate commitment, governed by these Terms and by the specific conditions of the mission brief.

2. Access to the platform

Access to KREATRS is reserved for individuals aged 18 or over.

It requires connecting an active Instagram and/or TikTok account through the official APIs of these platforms. The Creator warrants that they are the legitimate holder of the connected account(s) and that they comply with the terms of use of each social network.

Registration is free. It involves no exclusivity: the Creator remains free to work with any other brand, agency or platform.

3. Creator status

The Creator acts with full independence. These Terms create no relationship of subordination, no employment contract and no obligation to take part in a minimum number of missions.

Registration is open to any adult individual, whether or not they hold a SIRET number (French business registration number). The Creator alone is responsible for declaring the sums and benefits received to the tax and social security authorities they report to.

KREATRS may require a SIRET number as a condition for continuing payments, in particular when the sums received by the Creator reach a level indicating a regular activity. The Creator will be informed at least 30 days in advance. Pay already earned remains due.

Each year, KREATRS sends the tax authorities information on the consideration received by the Creator, in accordance with the reporting obligations that apply to platform operators, and sends the Creator an annual statement of the sums and benefits received.

4. How missions work

• KREATRS offers missions created by brands (brief, budget, guidelines).
• The Creator is free to apply to the missions of their choice. KREATRS and the brand may turn down an application without giving reasons.
• The Creator submits their content through the app before any publication. The commissioning brand, where applicable together with KREATRS, reviews it and may approve or reject it.
• Grounds for rejection include, in particular, content that does not comply with the brief, a Creator profile or content that does not fit the brand's target audience or image, or an insufficient level of quality or creativity. Rejections are reasoned; the reason is communicated to the Creator at the time of rejection.
• If no answer is given within one month of submission, the content is deemed rejected.
• Only approved content may be published as part of the mission and entitles the Creator to pay. The Creator publishes it on their own Instagram and/or TikTok accounts once approved. Rejected content entitles the Creator to no pay and may not be used by the brand under article 5.
• Content performance is measured over a 7-day window following publication. Views recorded after this window are not taken into account when calculating pay.
• The measurement source is the data returned by the official Instagram and TikTok APIs. If these APIs are unavailable for an extended period, KREATRS informs the Creator and applies the latest available measurement.
• The content must remain published and publicly accessible for the whole measurement window. Content deleted or made private before the end of this window entitles the Creator to no pay.
• A brief may set a cap on paid views per mission. Beyond this cap, the Creator's performance continues to count towards their level and benefits on the platform, without additional pay. Any cap is stated in the brief before you apply.

5. Rights to content

In return for the pay set out in article 6, the Creator grants the brand commissioning the mission, and KREATRS for the purposes of providing the service, a non-exclusive licence to use the content produced as part of the mission.

Scope of the licence

• Rights granted: reproduction, public performance and display, adaptation and making available to the public of the content, in whole or in part.
• Permitted adaptations: cropping, change of format, subtitling, editing and inclusion in a larger work, provided the content is not distorted and the meaning of what the Creator says is not altered.
• Permitted uses: organic distribution on the brand's accounts and channels, and paid media distribution, including as social media ads (in particular Spark Ads, Meta Ads, TikTok Ads), display campaigns and the brand's communication materials.
• Territory: worldwide.
• Term: 12 months from the date the content is published. After that, any new use requires a separate agreement and additional pay.
• Media: all digital and audiovisual media.

The version of these Terms that applies to a mission is the one in force on the date the Creator accepts that mission.

Display within KREATRS

The Creator also grants KREATRS, without additional pay, a non-exclusive licence to reproduce, display and make the content available to the public, for the purpose of showing and featuring it within the KREATRS app and website, in particular in the Community feed, the Créa du jour (creation of the day), the Top de la semaine (top of the week) and the rankings, including to visitors who are not registered. This licence extends to the permitted adaptations listed above. It is granted worldwide, for a term of 12 months from the date the content is published.

Featuring under your name

The Creator agrees to be presented on KREATRS under their public identity, namely the username and profile picture they chose in the app, together with the name of the commissioning brand and the number of views of their content, in particular in the Community feed, the Créa du jour, the Top de la semaine and the rankings, including to visitors who are not registered.

The Creator may withdraw this permission at any time from the app's Settings. After withdrawal, they are no longer presented under their public identity; their content may continue to be shown anonymously under the conditions of the previous paragraph.

Improving selection tools

The Creator authorises KREATRS, without additional pay, to keep the content they submit through the app, whether approved or rejected, including successive versions, transcripts and the related moderation feedback, and to use it to train and improve internal tools, in particular artificial intelligence models that help select and moderate content.

This use is strictly internal: the content is neither shown to the public nor transferred to third parties for this purpose. Personal data it contains, in particular the Creator's image and voice, is processed as described in the privacy policy.

Content is kept for this purpose for no more than 5 years from submission.

If the account is deleted or erasure is requested, the Creator's content is removed from the datasets used for training. Models that have already been trained are neither retrained nor modified.

What is not granted

• The Creator keeps ownership of the content, as well as the right to keep it published on their own accounts and to use it in their portfolio.
• The Creator's moral rights, in particular the right to be credited and to the integrity of their work, cannot be transferred and remain fully intact.
• No rights are granted to any third party other than the commissioning brand, its service providers acting on its behalf and KREATRS, under the conditions set out in this article.

Creator warranties

The Creator warrants that they are the author of the content and that they hold all the permissions needed for it to be used under the conditions above, in particular:

• the written consent of any identifiable person appearing in the content;
• the rights to use any music, images, trademarks or third-party elements included in the content. The Creator must only use royalty-free music or music licensed for commercial and advertising use: the music libraries built into Instagram and TikTok do not, in their standard use, cover paid media distribution.

6. Pay

6.1 Principle

The Creator's pay is calculated on the actual performance generated by their content, measured as set out in article 4, and not on their number of followers. It is only due for approved content.

6.2 Gems

Pay is expressed in gems in the app. The conversion rate is fixed and public:

Gems may also be awarded outside missions as a reward, in particular for completing challenges, achievements or internal missions offered in the app ("bonus gems"). The conditions for awarding them are shown in the app.

6.3 Rates

The rate (amount paid per 1,000 views), the floor (number of views over the measurement window below which no pay is due) and any cap on paid views are specific to each mission.

They are shown in the brief before you apply. They cannot be changed once the Creator has accepted the mission. KREATRS does not guarantee any minimum rate from one mission to the next.

6.4 Conversion and payout

Earned gems can be converted into gift cards from partner retailers, chosen by the Creator from a catalogue shown in the app that may change over time. Gift cards are issued by the retailer concerned or by a provider acting on its behalf. They are subject to their issuer's terms of use, which are available before any conversion.

• Conversion is possible from a minimum threshold, which may change and is shown in the app at the time of the request.
• The Creator triggers the conversion from their profile, on their own initiative, by choosing one of the amounts offered in the app.
• Any balance below the threshold, and any unconverted remainder, stays with the Creator and can be added to future missions, subject to the validity period of bonus gems set out below.
• The gift card is sent by email to the address provided by the Creator, normally within 15 days of the conversion request.
• Bonus gems are valid for 3 months from the date they are awarded. After this period, unconverted bonus gems expire. KREATRS informs the Creator by email or in the app at least 15 days before they expire. Gems earned as pay for a mission do not expire.
• Deleting the KREATRS account results in the loss of any unconverted gem balance. The Creator is invited to convert their balance before requesting deletion.

6.5 Fees

KREATRS takes no commission on the Creator's pay.

Some conversion methods may involve fees charged by the gift card issuer or by a provider. Where this is the case, these fees are borne by the Creator. Their amount is shown before the conversion is confirmed.

6.6 Fraud

Any pay obtained through bought views, bots, fake accounts or any other artificial amplification method is cancelled. KREATRS may suspend the account concerned and withhold fraudulently earned gems, after informing the Creator and giving them the opportunity to respond.

7. Creator obligations

The Creator undertakes to:

• produce authentic, original content that complies with the mission brief;
• disclose the commercial nature of the post clearly, legibly and identifiably, with the label « Publicité » or « Collaboration commerciale », in accordance with French regulations on commercial influence and the recommendations of the ARPP (French advertising self-regulatory body). This label must be visible for the whole length of the content and cannot be hidden in hashtags;
• not publish content that is misleading, disparaging, unlawful or discriminatory, or that infringes the rights of third parties;
• comply with the applicable sector-specific bans and restrictions on promotion (in particular alcohol, tobacco, health products, gambling, financial products);
• comply with the Instagram and TikTok terms of use;
• not disclose confidential information provided in a brief before the content is published.

8. Termination and suspension

The Creator may delete their KREATRS account at any time, without giving reasons, from our data deletion page (in French).

KREATRS may suspend or close an account in the event of a breach of these Terms. Except in cases of proven fraud within the meaning of article 6.6, closure does not affect pay already earned, which remains convertible for 30 days.

Missions in progress on the date of termination, whose measurement window has not closed, entitle the Creator to no pay.

Licences validly granted under article 5 survive termination for their remaining term.

9. Liability

KREATRS uses reasonable means to keep the platform accessible and working properly, without guaranteeing that it will be free of interruptions or errors. KREATRS guarantees neither a volume of available missions, nor a level of performance of published content, nor a level of pay.

KREATRS is not liable for:

• decisions, API changes, restrictions or account suspensions made by Instagram, TikTok or any other third-party platform;
• the brand's use of the content within the limits of the licence granted in article 5;
• content published by the Creator, who remains its author and is responsible for it.

KREATRS is liable for direct damage resulting from a breach of its own obligations, in particular failure to pay amounts validly earned. Nothing in these Terms excludes KREATRS's liability where the law does not allow it.

10. Changes to the Terms

KREATRS may change these Terms. Any material change is notified to the Creator by email or in the app at least 30 days before it takes effect.

Changes have no effect on missions already accepted or on pay already earned. A Creator who does not accept the new Terms may delete their account, after converting their balance.

11. Complaints

Any complaint, in particular about how pay was calculated, can be sent to support@kreatrs.io. KREATRS undertakes to reply within 15 working days and to have any disputed calculation reviewed by a human.

12. Governing law and jurisdiction

These Terms are governed by French law.

The parties will seek to settle any dispute amicably. Failing agreement, the dispute will be brought before the competent courts.

13. Contact

For any question about these Terms: support@kreatrs.io