Terms & Conditions

This Agreement governs all use of the services provided by CreatorPass OÜ ("CreatorPass", "we", "us", "our"), whether via our website (browser), or via any mobile application (distributed through official stores or other channels), or other means (collectively, "Services"). By registering, installing, accessing, or using the Services you accept and agree to be bound by this Agreement. If you do not agree, do not use the Services.

1. Eligibility; Account Security; Representations

1.1 You represent and warrant that you are at least eighteen (18) years old and have full legal capacity to enter into this Agreement.

1.2 You are responsible for maintaining the confidentiality and security of your account credentials. You are liable for all activity conducted under your account.

1.3 You agree to notify us immediately if you become aware of any unauthorized use of your account or a security breach.

2. Nature of the Services; Independent Intermediary Role

2.1 CreatorPass provides a neutral, independent intermediary platform — via web and/or mobile — to connect content creators ("Creators") and businesses ("Businesses") for potential promotional collaborations.

2.2 We facilitate matching, communication, account management, and collaboration workflows. We do not guarantee that any match or collaboration will result in performance, delivery, or any particular outcome.

2.3 All obligations for execution, delivery, payment, content creation, product/service provision, compliance with law, and fulfilment of agreed terms rest solely between Creators and Businesses.

2.4 For free matchmaking, communication, and account-management features, CreatorPass acts as a neutral intermediary and is not a party to any separate arrangement Users may reach. For the Paid Campaigns module (Section 4A), CreatorPass acts as a contracting principal: it enters into a separate agreement with the Brand and a separate agreement with the Creator, as described in Section 4A. In that capacity CreatorPass contracts in its own name with each Party.

2.5 CreatorPass is not a payment service provider within the meaning of Directive (EU) 2015/2366 (PSD2) or Estonia's Payment Institutions and E-Money Institutions Act (Makseasutuste ja e-raha asutuste seadus), and does not require authorisation as one. CreatorPass does not execute payment transactions on behalf of third parties or hold third-party funds. In the Paid Campaigns module, sums paid by a Brand to CreatorPass are consideration owed to CreatorPass under the Brand Agreement and form part of CreatorPass's own revenue; CreatorPass separately pays the Creator from its own funds under the Creator Agreement as consideration for the Creator's services and licence. Card acquiring, payout execution, and KYC are performed by a regulated payment institution (currently Stripe Payments Europe, Limited); CreatorPass's use of that institution does not make CreatorPass a payment intermediary.

3. User Obligations — Creators & Businesses

3.1 Creators must provide accurate, complete, and up-to-date identity and profile information. All content they provide must comply with applicable laws, third-party rights, and platform content standards.

3.2 Businesses must truthfully represent themselves and their offerings, and must fulfil their obligations toward Creators (payment, delivery of services or products) as agreed.

3.3 Any misrepresentation, fraud, repeated failure to deliver, or violation of the platform's standards — including circumventing platform processes — constitutes a material breach. Upon such breach we may suspend or permanently terminate access without refund.

3.4 Where a Business operates in a category that is subject to age-restricted regulations under applicable law — including but not limited to the sale or promotion of alcoholic beverages, tobacco products, gambling services, or other age-restricted goods and services — the Business is solely responsible for ensuring that all applicable age-verification requirements are met before providing any product, service, or experience to a Creator or any other visitor facilitated through the platform.

3.5 CreatorPass does not perform age verification on behalf of Businesses and accepts no liability for a Business's failure to comply with age-restriction laws. Any breach of applicable age-verification obligations by a Business constitutes a material breach of this Agreement and may result in immediate suspension or termination of the Business's account.

3.6 Tax and invoicing compliance. Each User warrants that all identification data submitted to the Platform — including legal name, registered seat, residential address, business registration number, VAT identification number, and bank account — is accurate, complete, and current, and shall promptly update such data upon any change. Each User is solely responsible for compliance with its own tax, social-security, and accounting obligations under the laws of its country of tax residence or establishment, including the timely filing of returns and the correct treatment of VAT.

3.7 Creator profile, demographic, and engagement data — accuracy and refresh. Creators must provide and maintain on the Platform accurate, complete, and current data on their profile, audience demographics, reach, and engagement, together with supporting analytics screenshots. Such data must be refreshed by the Creator at least once every ninety (90) days where the Platform does not refresh it automatically; analytics screenshots must, when uploaded, be no more than seven (7) days old. The Platform shall send a reminder before the deadline. After the ninety-day period, a fourteen (14) day grace period applies during which the Creator's existing campaigns continue normally; if the data is still not refreshed at the end of the grace period (i.e. on day 105), the Platform shall suspend the Creator's ability to accept new paid campaigns until the data is refreshed. Existing in-flight campaigns are not affected by this suspension. Wilful submission of misleading data is a material breach of this Agreement.

3.8 Age and capacity. Each Creator warrants that the natural person creating and publishing content via the Platform is at least eighteen (18) years of age. Where the Creator participates in a paid campaign for a product or service subject to a higher minimum age under applicable law (alcoholic beverages, tobacco, nicotine products, gambling, adult-only products, certain pharmaceuticals, weapons, and similar age-restricted categories), the Creator further warrants that he or she meets the higher applicable minimum age in every country where the Content will be targeted or accessible.

3.9 Sector-specific advertising regulations — joint responsibility of Users; CreatorPass disclaimer. Each Brand and each Creator acknowledges that promotional content for certain industries — including without limitation alcohol, tobacco, nicotine, gambling, financial services and crypto-assets, food supplements and health claims, medicines and medical devices, cosmetics, infant formula, weapons, energy products, and political advertising — is subject to specific advertising and marketing regulations under EU law, the law of one or more EU Member States, the law of any region or sub-jurisdiction where the content is targeted or accessible, and the policies of the relevant social-media platforms. Compliance with such regulations is the joint responsibility of the Brand and the Creator: the Brand is primarily responsible for identifying and communicating the applicable rules to the Creator; the Creator is responsible for following them when producing and publishing the Content. CreatorPass does not screen content for sector-specific compliance, does not provide advice on the legality of any Brand product, service, or claim, and accepts no liability whatsoever for breaches of sector-specific regulations by Brands or Creators.

4. Non-Circumvention; Off-Platform Deals; Termination on Breach

4.1 Until a collaboration is formally confirmed via the Platform and executed using Platform mechanisms (payment, delivery, communication), Users are prohibited from privately exchanging direct contact information (email, phone, social media handles, payment details, etc.) for the purpose of negotiating or completing collaborations outside the Platform.

4.2 No off-platform deals. Users (whether Brands or Creators) introduced to one another via the Platform shall not, during the term of their account and for twelve (12) months after termination, transact directly with one another for any paid campaign or commercial collaboration of the same nature as those facilitated by the Platform without using the Platform. Any such direct transaction is a material breach of this Agreement.

4.3 Enforcement — first instance: warning and suspension. Where CreatorPass identifies a credible first instance of suspected circumvention or off-platform dealing — for example, where a User has shared off-platform contact details before a campaign is confirmed, or where a creator and a brand who met on the Platform appear to have transacted directly without using the Platform — CreatorPass shall issue a formal written warning to both Users involved and may suspend their accounts pending a clarification within fourteen (14) days. The User has the opportunity to provide an explanation; an isolated misunderstanding (such as exchanging social-media handles for follow-back purposes) shall not by itself constitute a material breach.

4.4 Enforcement — repeat or confirmed circumvention: permanent ban. Where (i) a User has previously received a warning under clause 4.3 and CreatorPass identifies a further instance of suspected circumvention, or (ii) CreatorPass has clear evidence of an off-platform deal between a Brand and a Creator who met on the Platform, both Users shall be permanently excluded from the Platform without further notice and without refund of any sums paid to CreatorPass. CreatorPass reserves the right to claim damages for such breach in accordance with applicable law.

4.5 Cooperation in investigations. Users shall cooperate in good faith with CreatorPass's investigation of any suspected circumvention, including by providing reasonable information about communications and transactions with the other Party. Refusal to cooperate may itself be treated as evidence supporting a permanent ban.

4.6 Any other attempt to circumvent the Platform's processes (including the use of fictitious accounts, impersonation, manipulation of campaign metadata, or attempts to extract user lists for off-platform contact) is a material breach and may result in immediate permanent termination of the account.

4A. Paid Campaigns Module

4A.1 Two separate agreements. Each paid campaign is governed by two separate agreements, both generated by the Platform from country-specific templates and signed electronically: (i) the Creator Agreement between CreatorPass and the Creator, and (ii) the Brand Agreement between CreatorPass and the Brand. CreatorPass is a contracting principal under each. The Creator is not a party to the Brand Agreement and the Brand is not a party to the Creator Agreement.

4A.2 Strict separation. Each Party is entitled to its own agreement only. A Creator is not entitled to access the Brand Agreement, and a Brand is not entitled to access the Creator Agreement. The financial and commercial terms of each agreement are confidential to the Parties of that agreement. CreatorPass does not disclose the terms of one agreement to the party of the other.

4A.3 Role of CreatorPass. For each paid campaign CreatorPass (i) generates each agreement from a template, (ii) records the Parties' electronic signatures, (iii) engages the Creator and pays the Creator Payment from its own funds, (iv) charges and collects the Campaign Fee from the Brand as its own revenue, (v) issues invoices in accordance with Section 5A, and (vi) provides a non-binding mediation function under clause 4A.4. CreatorPass does not advise either Party on the merits of the campaign or on the legality of the Brand's product, service, or claims.

4A.4 Mediation — recommendation only. Where a dispute arises under a Creator Agreement or a Brand Agreement, the relevant Party may request CreatorPass mediation. CreatorPass shall review the available evidence and issue a written, non-binding recommendation within seven (7) days. The recommendation is advisory. If a Party does not actively reject the recommendation within seven (7) days, the recommendation governs the disposition of the relevant funds as between CreatorPass and that Party under the applicable agreement. Each Party retains the right to pursue the matter under the governing law of its agreement. Mediation is conducted separately under each agreement; CreatorPass does not disclose one Party's position or figures to the other.

4A.5 Fees and refunds. The Campaign Fee payable by the Brand is set out in, and governed by, the Brand Agreement. The Creator Payment payable to the Creator is set out in, and governed by, the Creator Agreement. Refund and cancellation rights are governed by the applicable agreement; the Campaign Fee is refundable to the Brand only in the circumstances expressly set out in the Brand Agreement.

4A.6 Brand indemnity for remuneration claims. Where a Creator brings against CreatorPass any claim under applicable copyright law for additional, proportionate, or equitable remuneration or contract adjustment (including claims of the type recognised under § 32a UrhG (Germany), §§ 37b–37f UrhG (Austria), Art. 44 of the Polish Copyright Act, Art. 43 of Romanian Law 8/1996, and equivalents), and that claim arises in whole or in material part from a Brand's use of the content beyond the licensed scope, from a Brand's use generating revenue conspicuously disproportionate to the value of the licence it was granted, or from a Brand's breach of the content-integrity terms of its agreement, the Brand shall indemnify CreatorPass against that claim and CreatorPass's reasonable costs of defending it, as further set out in the Brand Agreement.

4B. No Warranties on Legal Templates and Generated Documents

4B.1 All legal templates, Campaign Agreement drafts, invoices, and other documents generated by the Platform are provided "as is" and "as available", to the maximum extent permitted by applicable law. CreatorPass makes no representation or warranty as to their suitability, completeness, accuracy, or fitness for any particular purpose.

4B.2 Each User is responsible for obtaining its own legal review of any document generated by the Platform before signing or relying on it. Use of the Platform does not create a lawyer–client relationship between any User and CreatorPass or its advisers.

4B.3 CreatorPass may from time to time update its templates to reflect changes in law or practice. Such updates do not warrant the historical accuracy or continued legal effectiveness of any document generated under a prior version of a template.

4B.4 To the maximum extent permitted by applicable law, CreatorPass disclaims all liability arising from the use of any template or generated document. The mandatory carve-outs from this limitation are: (i) intentional misconduct or gross negligence; (ii) liability that cannot be excluded under § 106 lg 2 of the Estonian Law of Obligations Act (Võlaõigusseadus); and (iii) mandatory consumer-protection rights under EU law.

4B.5 Country-specific drafts must be reviewed by qualified local counsel before they are relied upon in any jurisdiction. CreatorPass does not represent that any template complies with the laws of every jurisdiction in which it may be used.

4C. Tax Reporting under DAC7

CreatorPass is a Reporting Platform Operator within the meaning of Council Directive (EU) 2021/514 ("DAC7") and the Estonian implementing legislation.

4C.1 Single registration. CreatorPass is registered for DAC7 purposes with the Estonian Tax and Customs Board (Maksu- ja Tolliamet, "MTA"). This single registration covers reporting obligations across all 27 Member States of the European Union; CreatorPass is not required to register separately in each Member State where Sellers (Creators) are resident.

4C.2 Data collected. For each Creator participating in a paid campaign, CreatorPass collects and verifies, in accordance with DAC7, at minimum: (i) legal name, (ii) primary address, (iii) Tax Identification Number ("TIN") together with the Member State of issuance, (iv) VAT identification number where applicable, (v) date of birth (for individual Creators), and (vi) business registration number and Member State of registration (for entity Creators). Data is format-validated at onboarding.

4C.3 Annual report. CreatorPass shall submit the DAC7 report to the MTA by 31 January of each year, covering the immediately preceding calendar year. The MTA will then automatically exchange the relevant information with the tax authorities of each Creator's Member State of residence.

4C.4 Transparency notice. Before each annual submission, CreatorPass shall provide each affected Creator with a transparency notice setting out the specific data items that will be reported in respect of that Creator, together with the right to request correction of inaccurate data within a reasonable period before submission.

4C.5 No substitute for own tax obligations. DAC7 reporting by CreatorPass does not replace, reduce, or otherwise affect the Creator's own tax filing, declaration, registration, or payment obligations under the laws of any country in which the Creator is resident or otherwise subject to tax. Each Creator remains solely responsible for the correct and timely filing of its own tax returns.

4C.6 Cooperation. Each Creator shall cooperate with reasonable verification requests from CreatorPass in connection with DAC7, including by providing or confirming TIN, VAT, address, or registration data within fourteen (14) days of the request. Failure to cooperate is a material breach of this Agreement and may result in suspension of the Creator's ability to accept new paid campaigns and, where applicable, withholding of payouts.

4D. Confidentiality of the Campaign Agreement Document

The following rules apply to the signed Campaign Agreement document and to any draft, schedule, exhibit, or amendment thereto.

4D.1 Limited circulation. The signed Campaign Agreement may be disclosed only to (i) the Parties to it, (ii) authorised CreatorPass personnel involved in the operation of the paid-campaigns module, mediation, or compliance, (iii) the Parties' professional advisers (legal, tax, accounting) bound by professional confidentiality, and (iv) competent authorities to the extent legally required.

4D.2 No public posting. Neither Party shall post or otherwise publish the Campaign Agreement or its commercial terms in public-facing channels. The mere existence of the campaign and the agreed creative direction may be disclosed (for example for transparency or advertising-disclosure purposes), but the commercial terms (Fees, deliverable counts, exclusivity, usage rights pricing) and any personal data of the other Party shall not be disclosed without the other Party's prior written consent.

4D.3 Secure storage. Where a Party downloads a copy of the Campaign Agreement from the Platform, that Party shall store it securely and shall not transmit it via unsecured channels (such as unencrypted personal email or public file-sharing links).

4D.4 Survival. The confidentiality obligations set out in this Section 4D survive the termination of either Party's account on the Platform.

5. Acceptable Use; Misconduct; Platform's Broad Discretion

5.1 You shall not use the Services for unlawful, abusive, harassing, discriminatory, fraudulent, harmful or otherwise improper purposes.

5.2 You must not scrape, harvest, copy, reproduce, redistribute, or exploit platform content improperly, or engage in spamming, malware distribution, or unsolicited communications.

5.3 Even though CreatorPass is founded on trust and collaboration, we reserve the right — at our sole discretion — to remove, suspend, or ban any user (Creator or Business) for any reason, including suspected or actual misconduct, violation of these Terms, or at our discretion. Such action may be taken without explanation, without refund, and without liability to CreatorPass.

5A. Self-Billing Mandate and Disbursement

5A.1 Self-billing mandate (Creator side). By participating in a paid campaign, the Creator authorises CreatorPass to issue self-billing invoices in the name and on behalf of the Creator, addressed to CreatorPass, for the Creator Payment due under the Creator Agreement, within the meaning of Council Directive 2006/112/EC, Art. 224, as implemented in the Creator's Member State of establishment. Separately, CreatorPass issues its own invoice to the Brand for the Campaign Fee under the Brand Agreement. The Brand is not part of the Creator's invoicing chain.

5A.2 Acceptance and 7-day objection. Each self-billing invoice is made available to the Creator in the Platform. The Creator has seven (7) days from issuance to object in writing to the invoice on the grounds of factual inaccuracy. Absent timely objection, the invoice is deemed accepted by the Creator for VAT purposes.

5A.3 Stripe Connect. Card acquiring from Brands and payouts to Creators are processed through Stripe Connect, operated by Stripe Payments Europe, Limited. CreatorPass charges the Campaign Fee to its own connected account as its revenue and pays the Creator Payment from its own funds to the Creator's connected account. KYC and KYB verification of Users is performed by Stripe under its own onboarding requirements; CreatorPass cannot release a payout to a Creator whose Stripe account is not fully verified.

5A.4 KYC by Stripe. Know-Your-Customer and Know-Your-Business verification of Creators (and, where applicable, Brands) is performed by Stripe in accordance with its own onboarding requirements. CreatorPass cannot release a payout to a Creator whose Stripe account is not fully verified.

5A.5 Right to withhold payouts. The Creator Payment is a contractual debt owed by CreatorPass to the Creator under the Creator Agreement. CreatorPass may withhold or delay its payment where: (i) a dispute or mediation is pending under clause 4A.4; (ii) there is a reasonable suspicion of fraud, circumvention, or breach of this Agreement; (iii) anti-money-laundering or sanctions checks require further information; (iv) the Creator's profile or KYC data is incomplete; or (v) the Brand exercises a contractual or statutory right of refund under the Brand Agreement within an applicable cooling-off period.

6. Intellectual Property; License to Use Content; Restrictions on Use of Platform Software

6.1 All intellectual property rights in CreatorPass — including trademarks, logos, UI, software code, design elements — are owned or licensed by CreatorPass.

6.2 By using our Services you grant CreatorPass a worldwide, royalty-free, non-exclusive license to display, store, distribute, and otherwise process any content you upload or generate via the Services, solely to the extent necessary to provide and operate the Services.

6.3 You may not copy, reproduce, reverse-engineer, decompile, disassemble, modify, or create derivative works of our software or platform. You may not redistribute our app or software in whole or in part, except as expressly permitted under applicable law.

6.4 By joining CreatorPass as a Business, you acknowledge and agree that CreatorPass may reference your business name and logo on our website, social media channels, and promotional materials to showcase the brands within our network. If you would prefer not to be featured, please contact us at legal@creatorpass.io and we will accommodate your request.

6.5 Paid-campaign content licence. Any licence to use content produced in a paid campaign is granted solely under, and limited to the scope set out in, the applicable per-campaign agreement. The default scope of that licence is limited to the digital channels specified in the agreement; use beyond that scope (including physical out-of-home, broadcast, print, cinema, packaging, in-store, in-game, AR/VR, and merchandising) requires a separate signed extension under the agreement. The general licence in clause 6.2 is limited to what is technically necessary to operate the Platform and does not grant CreatorPass any right to exploit paid-campaign content for its own marketing; any such use requires rights granted under the applicable per-campaign agreement.

7. Data, Privacy & User-Generated Content

7.1 Users retain ownership of their own content and data.

7.2 CreatorPass acts as a data processor or service provider; we store and process data only to deliver the Services.

7.3 We commit to reasonable data security, confidentiality, backups, and compliance with applicable data-protection laws. For users in jurisdictions with data-protection requirements (e.g. EU), we maintain a separate Privacy Policy explaining data collection, use, storage, sharing, deletion, and user rights.

8. Service Level, External Dependencies, and No Guarantee of Uninterrupted Service

8.1 The Services are provided over the internet and may depend on third-party providers (hosting, payment processors, CDN, external APIs) whose performance is beyond our control.

8.2 While we strive to ensure reliability, we do not guarantee uninterrupted service or error-free performance generally.

8.3 Nonetheless, we aim to maintain at least 99% uptime for the core system each calendar month, excluding scheduled maintenance, security updates, force majeure, or outages due to third-party dependencies beyond our control.

8.4 We will use commercially reasonable efforts to notify Users in advance (by email or in-app notification) of planned maintenance or updates likely to cause downtime or interruption.

8.5 Beyond this commitment, we disclaim any warranty or guarantee of availability, performance, or suitability, and will not be liable for any damage, loss, or harm — including but not limited to data loss, business interruption, lost opportunities, or lost profits — resulting from downtime, delays, or service disruptions.

9. Payment, Subscription, Cancelation and Refunds

9.1 Where we offer paid plans, subscription-based features, or premium functionality, payments are processed by third-party payment service providers under their own terms. The current payment service provider is Stripe Payments Europe, Limited.

9.2 CreatorPass is not a payment service provider and is not liable for payment-processing errors, fees, or fiscal obligations arising from payments processed by the third-party payment institution. Payments between Users and CreatorPass under the Paid Campaigns module are governed by Section 4A and the applicable per-campaign agreement.

9.3 Refunds, cancellation, or subscription termination of CreatorPass-direct services (such as subscription plans for Brands) are at CreatorPass's sole discretion. Refunds in the paid-campaigns context follow the rules in Section 4A.5 and the applicable per-campaign agreement.

9.3A Automatic Renewal Authorization

By purchasing a subscription plan, the User expressly authorizes CreatorPass and its payment processors to charge the applicable subscription fees, taxes, and any other recurring charges automatically on a recurring basis using the payment method provided.

All subscriptions renew automatically for successive periods equal to the initial subscription term (monthly, annual, or otherwise) unless canceled before the renewal date.

The User is responsible for managing or canceling the subscription before renewal through their account settings or by contacting CreatorPass.

9.3B No Refunds After Renewal

Except where required by mandatory applicable law, all subscription fees, renewal fees, platform access fees, and other recurring payments are non-refundable once charged.

Cancellation of a subscription prevents future renewals only and does not entitle the User to a refund or credit for any unused portion of the current billing period.

CreatorPass does not provide prorated refunds for partial subscription periods, unused services, inactivity, deletion of an account, or failure to cancel before the renewal date.

9.3C Continued Use After Renewal

Continued access to or use of the Services after a renewal charge constitutes reaffirmation of the User's acceptance of these Terms and the renewed subscription term.

9.3D Chargebacks and Payment Disputes

If a User initiates a chargeback or payment dispute in bad faith, CreatorPass reserves the right to suspend or terminate the associated account immediately.

CreatorPass may contest any chargeback where the User has authorized recurring billing, accepted these Terms, accessed the Services after renewal, or otherwise benefited from the subscription.

The User remains responsible for all outstanding amounts owed to CreatorPass.

9.3E Trial Conversion

Unless canceled before the end of the trial period, free trials automatically convert into paid subscriptions and the applicable subscription fee will be charged automatically.

9.3F Mandatory Consumer Rights

Nothing in this Agreement limits any non-waivable rights granted to consumers under applicable law.

10. Disclaimer of Warranty; Limitation of Liability; No Guarantee Toward Users

10.1 You acknowledge that use of the Services is at your sole risk. The Services (web or mobile), including all content, features, communications, or third-party external services accessible through them, are provided "as is" and "as available," without any warranty — express, implied or statutory — including warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.2 CreatorPass makes no representation or guarantee that any collaboration between users (Creators and Businesses) will be successful, delivered, or produce any result. Any reliance on such collaborations is at your own risk.

10.3 CreatorPass is not liable for any direct, indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, business interruption, lost opportunities, or other commercial damages — even if advised of the possibility of such damages.

10.4 Cap on liability for paid campaigns. Without prejudice to the general cap in clause 10.5, and subject to the per-campaign cap set out in each agreement, CreatorPass's aggregate liability to a Brand under a Brand Agreement shall not exceed the Campaign Fee for that campaign, and its aggregate liability to a Creator under a Creator Agreement shall not exceed two times (2×) the Creator Payment for that campaign. CreatorPass disclaims liability for: (i) the quality, lawfulness, or success of the Creator's Deliverables; (ii) the Brand's underlying products, services, or claims; (iii) third-party intellectual-property or personality-right disputes concerning the content; (iv) the outcome of any mediation recommendation under clause 4A.4; and (v) tax or accounting consequences of invoicing under Section 5A. These caps do not exclude liability that cannot be excluded under mandatory applicable law, including liability for intentional misconduct or gross negligence, liability under § 106 lg 2 of the Estonian Law of Obligations Act, mandatory consumer-protection rights, and non-waivable rights of authors under applicable copyright law.

10.5 In no event shall CreatorPass's aggregate liability to you exceed the amount paid by you to us in the prior twelve (12) months (if any).

11. Indemnification

11.1 You agree to defend, indemnify, and hold harmless CreatorPass OÜ, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable legal fees) arising from your breach of this Agreement, your misuse of the Services, your content or data, or your violation of applicable law or third-party rights.

12. Term, Suspension and Termination

12.1 CreatorPass may suspend or terminate your account — with or without prior notice — at its sole discretion, for any violation of this Agreement (including non-circumvention, misconduct, breach, fraud), or for any other reason considered appropriate by us.

12.2 Upon termination, we may refuse any refund, and all provisions of this Agreement intended to survive termination (such as intellectual property rights, limitation of liability, indemnification, data retention/deletion, governing law) remain in full force.

12A. Electronic Signature Service

12A.1 Type of signature. The signature applied to a Campaign Agreement through the Platform is a Simple Electronic Signature ("SES") within the meaning of Article 3(10) of Regulation (EU) No 910/2014 ("eIDAS").

12A.2 Admissibility. By Article 25(1) eIDAS, an electronic signature shall not be denied legal effect or admissibility as evidence in legal proceedings solely on the grounds that it is in electronic form or that it does not meet the requirements for qualified electronic signatures.

12A.3 Audit trail. For each signed document, the Platform records and retains an audit trail comprising at minimum: (i) signatory name and email address, (ii) IP address used at the time of signing, (iii) browser and device fingerprint, (iv) UTC timestamp of each signature event, (v) authentication method used to access the Platform, and (vi) cryptographic hash of the signed document.

12A.4 Archive. The signed document and its audit trail are archived for ten (10) years from the date of last signature, after which they may be deleted unless a longer retention period is required by law or by an ongoing dispute.

12A.5 Withdrawal of mandate; cessation. A User may withdraw the SES mandate at any time by written notice to CreatorPass. Withdrawal does not affect the validity of any signature applied before withdrawal, nor the retention of the audit trail under clause 12A.4. CreatorPass may cease to offer the SES service at its discretion on reasonable prior notice.

13. Amendments to the Agreement

13.1 We may revise or update this Agreement from time to time. The updated Agreement will be posted on our website or within the app, and we will notify Users by email or in-app notice.

13.2 Continued use of the Services after such notice constitutes your acceptance of the updated Agreement. If you do not agree, you must immediately cease use of the Services.

14. App Distribution & License — App Store, Google Play, Other Channels

14.1 Applicability. If you access CreatorPass via a mobile application distributed via an app store (including but not limited to Apple App Store or Google Play Store) or other distribution channels, then in addition to the foregoing terms, the provisions of this Section apply.

14.2 License Grant. CreatorPass grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use the application ("Licensed Application") on Apple-branded devices you own or control (if via Apple App Store), or on devices permitted by the relevant store or distribution channel (if via other platforms).

14.3 Restrictions. You may not distribute, rent, lease, sublicense, resell, share, or otherwise make the Licensed Application available to third parties or over a network for use by multiple devices at the same time. You may not copy, reproduce, reverse-engineer, decompile, disassemble, modify, or create derivative works of the Licensed Application or any part thereof — except where such actions are permitted under applicable law.

14.4 Removal Upon Transfer. If you sell or transfer your device to a third party, you must remove the Licensed Application from that device before such transfer.

14.5 Maintenance, Support & External Services. Any maintenance, updates, bug-fixes or support for the Licensed Application are the responsibility of CreatorPass. We may, at our discretion, provide updates, patches, new features or improvements. We may also integrate or permit access to third-party services ("External Services"). Use of any External Services is at your own risk. CreatorPass and the third parties providing External Services disclaim any liability for their content, availability or performance.

14.6 Warranty & Liability Limitations for Mobile App. As with the Services generally, the Licensed Application is provided "as is" and "as available," without any warranty — express or implied. CreatorPass disclaims all warranties to the fullest extent allowed by law, and limits liability as set out in Section 10.

14.7 Developer Identity; Contact Information. Our developer identity is: CreatorPass OÜ. Contact address and email are specified at the end of this Agreement.

14.8 Compliance with Store & Third-Party Terms. Use of the Licensed Application is subject to the terms of the store or distribution channel through which you obtained it (for example Apple's App Store terms). You agree to comply with any applicable third-party terms, and understand that CreatorPass is responsible for the Licensed Application, not the store. (For iOS, this conforms with requirements that a custom EULA must acknowledge that the license is between you and us, not Apple.)

14.9 Android / Google Play Specific Note. While distribution via Google Play Store does not legally require a separate EULA, publishing a custom EULA is strongly advisable to protect intellectual property, limit liability and control permitted use.

14.10 Privacy; Data-Safety; Compliance. If you obtain the application via Google Play (or other app store requiring data-safety disclosures), you must comply with applicable data-privacy laws and store policies. You must review and accept our Privacy Policy and any data-safety disclosures.

15. Governing Law; Dispute Resolution; Arbitration

15.1 This Agreement and any dispute arising under or relating to it shall be governed by the laws of Estonia, without conflict-of-law provisions.

15.2 Any dispute, claim, or controversy arising out of or relating to this Agreement, your use of the Services, or any related matter shall be finally resolved by binding arbitration under the rules of the Arbitration Institute of the Estonian Chamber of Commerce and Industry, with a single arbitrator, in the Estonian language (or another mutually agreed language), unless otherwise agreed by the parties. The arbitration shall take place in Tallinn. The arbitral award shall be final and binding on both parties.

15.3 By agreeing to this Agreement, you waive any right to a trial by jury or to participate in any class-action lawsuit.

15A. Per-Campaign Agreements

15A.1 Section 15 governs only the relationship between each User and CreatorPass under these Terms generally. The Creator Agreement and the Brand Agreement entered into under Section 4A are separate contracts; each is between CreatorPass and the relevant User.

15A.2 The governing law of each per-campaign agreement is selected when the agreement is generated. By default, the Creator Agreement is governed by the law of the Creator's country of tax residence, and the Brand Agreement by the law of the Brand's country of registration, in each case as recorded in the relevant Stripe Connect account. Currently supported countries are the Czech Republic, Slovakia, Poland, Hungary, Romania, Austria, and Germany. The two agreements for the same campaign may be governed by different laws.

15A.3 A Party may, at the time of campaign creation, request a supported alternative governing law for its own agreement, subject to acceptance before signature.

15A.4 The Platform-hosted mediation under clause 4A.4 takes place irrespective of the governing law chosen and does not prejudice either Party's right to pursue formal proceedings under that governing law.

16. Severability; Entire Agreement

16.1 If any provision of this Agreement is found invalid, unlawful, or unenforceable by a court or tribunal of competent jurisdiction, that provision will be limited or severed to the minimum extent required, and the remainder of the Agreement remains in full force and effect.

16.2 This Agreement (together with any referenced documents, such as our Privacy Policy) constitutes the entire agreement between you and CreatorPass concerning the Services, superseding all prior or contemporaneous agreements or understandings, whether written or oral.

17. Contact Information

For any questions, complaints or claims regarding this Agreement or the Services, please contact us at: