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INTRODUCTION

These Creator Terms of Service govern your participation as a content creator in the Creatively Squared Platform operated by Creatively Squared Pty Ltd. Through this platform, creators produce content that becomes customer-owned intellectual property with specific usage parameters. By creating a Creator account or accepting any Brief through the Platform, you agree to be bound by these Terms.

DEFINITIONS

The following terms are used throughout these Creator Terms and have specific meanings:

(a) Brief means a scope of work to be completed via the Platform

(b) Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Queensland, Australia

(d) Content means any creative output produced under a Project, including but not limited to photography, videography, video editing, voiceover, motion design, graphic design, AI-enabled creative, or other production and post-production deliverables

(e) Content Credit means a unit used to measure the size and complexity of projects

(f) Creator or Content Creator means you, the individual or entity providing creative services through the Platform

(g) Customer means brands and agencies who commission Content through the Platform

(h) Digital Usage means use in digital channels including social media, websites, digital advertising, connected TV, streaming services, and digital out-of-home displays

(i) Extended License means additional usage rights for Offline Usage

(j) Extended License Payment means additional compensation paid to Creator when Customer purchases Extended License rights

(k) Intellectual Property Rights means all copyright, patents, trade secrets, know-how, designs, trademarks, and other intellectual property rights worldwide

(l) Model Release means written permission from any recognizable individual appearing in Content

(m) Moral Rights means rights under the Copyright Act 1968 (Cth) and equivalent laws globally

(n) Offline Usage means use in traditional media including broadcast TV, print, traditional out-of-home advertising, packaging, and point-of-sale materials

(o) Platform means the Creatively Squared digital platform for creative production services

(p) Project means an individual Brief and associated work

(q) Property Release means written permission from property owners where required

1. CREATOR PARTICIPATION

1.1 Account Registration

To participate as a Creator, you must:

Be at least 18 years old (or 16 with guardian consent)
Register for a Creator account through the Platform
Provide accurate and complete information including tax documentation
Maintain current contact and payment details
Accept these Creator Terms

1.2 Participation Standards

Your continued participation requires:

Professional content creation capabilities
Maintaining portfolio quality standards
24-hour response time to Brief invitations
90% minimum Brief completion rate
Compliance with all Platform guidelines and policies
Maintaining necessary insurance where required by law

1.3 Platform Access

Access to the Platform is non-exclusive and at Company discretion
We may modify, suspend, or terminate access for violation of terms or quality standards
Multiple Creators may be engaged for similar Briefs
No minimum Brief volume is guaranteed

2. CONTENT CREATION SERVICES

2.1 Brief Process

We invite Creators to Briefs based on style, location, availability, skills, and Customer requirements
You have 24 hours to accept or decline Brief invitations
Acceptance creates a binding obligation to deliver according to Brief specifications
Brief requirements and any special conditions are provided through the Platform

2.2 Your Obligations

For each accepted Brief, you agree to:

Follow the Brief specifications exactly
Provide creative production or post-production deliverables as specified
Deliver Content by specified deadlines
Complete reasonable revisions as requested
Maintain professional communication standards
Meet all technical specifications
Comply with any Brief-specific requirements including exclusivity or confidentiality

2.3 Content Standards

All Content must:

Be original work created solely by you
Meet Platform quality standards and technical specifications
Be suitable for commercial use
Comply with all applicable laws and regulations
Not infringe any third-party rights
Be delivered exclusively through the Platform

2.4 Delivery Standards

Standard delivery formats shall be in professional quality appropriate to the medium, unless otherwise specified:

Images: minimum 2048px longest edge
Video: minimum 720p resolution
Audio: minimum 44.1kHz
Design files: layered/editable formats
Other formats as specified in Brief

3. INTELLECTUAL PROPERTY

3.1 Assignment of Rights

Upon Company's acceptance of Content and payment of applicable fees, you hereby assign to Company all Intellectual Property Rights in the Content produced. This assignment is complete and includes:

All copyrights (registered and unregistered)
All rights in any medium now known or later developed
Rights to create derivative works
Rights in all territories worldwide

3.2 Understanding of Business Model

You acknowledge and understand that:

Company assigns IP ownership of Content to Customers, but this ownership transfer includes built-in usage restrictions
Customers receive full IP ownership with Digital Usage rights included in the base assignment
IP ownership does not automatically include Offline Usage rights - these require Extended License fees based on media spend
When Customers purchase Extended License rights for Offline Usage, you receive Extended License Payments calculated according to the Company's sliding scale (minimum USD $1,600 for individual assets or USD $10,000 for multi-asset projects, scaling with Customer media spend)
This conditional IP ownership structure ensures sustainable creator compensation while providing customers with genuine ownership rights

3.3 Moral Rights and Attribution

You retain Moral Rights in the Content to the extent such rights cannot be waived under applicable law. Where permitted by law, you:

Consent to reasonable modifications for commercial use
Agree attribution is not required in Customer materials
Grant Company and Customers the right to use Content without attribution for commercial purposes

3.4 Portfolio Rights and Restrictions

You receive a non-exclusive, worldwide license to use Content for portfolio purposes, subject to:

No use until 30 days after Customer's first public use
No commercial use or resale of Content
Compliance with any Brief-specific restrictions
Immediate removal upon Company request
No use of Content featuring unreleased products or confidential information

4. COMPENSATION

4.1 Creation Fees

Payment upon Company's acceptance of Content meeting quality standards
Base rates specified in each Brief
Payment includes full assignment of rights to Company
Additional revisions beyond Brief scope may incur additional fees

4.2 Extended License Payments

When Customers purchase Extended License rights, you receive additional compensation based on the Company's sliding scale tied to Customer media spend
Extended License Payments are calculated based on:
- Individual asset fees (minimum USD $1,600) for small-scale usage
- Project-based fees (minimum USD $10,000) for campaigns with multiple assets
- Media spend levels determining final payment amounts
Payment structure examples:
- Single asset for limited offline use: USD $1,600
- Campaign with 50 photos: Project fee based on total usage, not per-asset multiplication
- Large media spend campaigns: Scaled percentage of spend
Extended License Payment amounts may vary based on negotiated enterprise agreements, market conditions, or specific campaign requirements, but will not fall below the stated minimum rates
Exact payment amounts specified in each Brief when Extended License applies
Payments made within 30 days of Customer's Extended License purchase
These payments ensure fair creator compensation for expanded usage rights

4.3 Payment Terms

Payments within 10 Business Days of the end of the month in which a valid invoice is submitted
Electronic transfer to your nominated account
You are responsible for all applicable taxes
Must maintain current tax documentation (W-9, W-8BEN, or equivalent)
Company will issue 1099 forms where required

4.4 Independent Contractor Status

You acknowledge that:

You are an independent contractor, not an employee
Responsible for your own taxes, insurance, and business expenses
No entitlement to employee benefits
Must maintain appropriate business licenses and insurance

5. RELEASES AND WARRANTIES

5.1 Your Warranties

You represent and warrant that:

You are the sole creator and owner of the Content
You have full right to assign the Content to Company
Content does not infringe any third-party rights
All necessary model and property releases obtained
Not subject to conflicting agreements or union restrictions
No persons under 18 appear without written parental consent

5.2 Model and Property Releases

You must obtain valid model releases for any recognizable individuals before submitting Content
Releases must grant worldwide, perpetual commercial usage rights for both Digital and Offline Usage
You must maintain releases for 5 years and provide copies within 48 hours upon request
Failure to obtain proper releases results in your liability for any claims

5.3 Indemnification

You shall defend, indemnify, and hold harmless Company, its Customers, and their respective officers, directors, employees, and agents from any claims arising from:

Breach of these warranties
Failure to obtain proper releases
Any third-party claims regarding the Content

6. CONFIDENTIALITY

6.1 Confidential Information

You must keep strictly confidential all information related to Projects, Customers, and the Platform, including but not limited to:

Customer identities, brand names, and company information before campaigns launch
All Creative Briefs, campaign strategies, marketing plans, and project details
Unreleased products, product launch dates, or new product information
Pricing, budgets, media spend, or any financial information
Behind-the-scenes content, production details, or work-in-progress materials
Platform processes, matching algorithms, or Company trade secrets
Contact information of Customers, Company staff, or other Creators
Any information marked "confidential" or that would reasonably be considered confidential

6.2 Your Responsibility for Others

You are fully responsible for ensuring confidentiality is maintained by:

Any talent, models, or individuals you involve in Content creation
Friends, family members, or associates who may observe or assist with Projects
Any third parties you engage (makeup artists, stylists, assistants, etc.)
Anyone who has access to products, props, or project materials

You must:

Brief all participants on confidentiality requirements before involvement
Ensure no one photographs, shares, or discusses confidential information
Prevent social media posts about Projects until authorized
Take responsibility for any breaches by people you involve

6.3 Social Media and Public Disclosure

No posting about active Projects without explicit written permission
No "behind the scenes" content or work-in-progress posts
No hints, teasers, or references to Customer brands before launch
No sharing of products, packaging, or campaign materials
Portfolio use only after Customer's public launch and approval period

6.4 Material Breach

You acknowledge that:

Confidentiality breaches cause irreparable harm to Customer relationships
Violations are grounds for immediate termination and legal action
You will indemnify Company for all damages from confidentiality breaches
This includes breaches by anyone you involved in the Project

6.5 Duration

Confidentiality obligations:

Apply immediately upon Brief invitation
Continue throughout the Project
Survive termination for 3 years
Trade secrets remain confidential indefinitely
Product launches remain confidential until publicly announced

7. NON-CIRCUMVENTION

7.1 Non-Circumvention

During participation and for 12 months after, you shall not:

Work directly with Customers introduced through Platform
Share Customer contact information
Facilitate direct Customer-creator relationships
Solicit Platform Customers for direct work
Use Platform relationships to compete with Company

7.2 Brief-Specific Exclusivity

For Briefs where Extended License Payments are made, specific exclusivity requirements may apply:

Temporary restrictions on working with designated competitor brands
Duration and scope specified in Brief acceptance
Additional compensation included in Extended License Payment
Exclusivity only applies when Extended License fees are paid to Creator

7.3 Remedies

Breach results in:

Immediate Platform termination
Forfeiture of pending payments
Liability for damages including lost profits

8. OPERATIONAL REQUIREMENTS

8.1 Communication

All Customer communication through Platform only
No direct Customer contact without written permission
Maintain professional standards in all communications
Report any issues or concerns immediately to Company

8.2 Product Handling

When products are provided for a Brief:

Acknowledge receipt within 24 hours
Store securely and maintain in original condition
Use only for the specific Brief purposes
Return promptly if requested (shipping provided)
Report any damage or loss immediately
Do not photograph or share products before official launch dates

8.3 Revisions and Reshoots

Reasonable revisions included in Brief acceptance
Must complete revisions within specified timeframes
Reshoots required if Content doesn't meet Brief specifications
Pattern of quality issues may result in Platform removal

9. COMPLIANCE

9.1 Legal Compliance

You must comply with:

FTC/ACCC advertising disclosure guidelines
Copyright and intellectual property laws
Privacy and data protection laws (including GDPR where applicable)
Tax obligations in your jurisdiction
Industry-specific regulations

9.2 Union Status

If you are a member of a union (including SAG-AFTRA or any other relevant body), this must be disclosed before accepting any Project.

9.3 Data Protection

When handling personal data in Content creation:

Process only as instructed by Company
Maintain appropriate security measures
Delete data when no longer needed
Report any breaches immediately
Comply with applicable privacy laws

10. TERM AND TERMINATION

10.1 Term

These Creator Terms continue until terminated by either party.

10.2 Termination

Either party may terminate on 30 days' notice
Company may terminate immediately for breach of terms, quality issues, or violation of Platform policies
Must complete accepted Briefs before termination effective

10.3 Effect of Termination

Complete all accepted Briefs
Return any Company or Customer property
Confidentiality and non-circumvention survive
IP assignments remain in effect
Pending payments processed per normal terms

11. LIABILITY AND DISPUTES

11.1 Limitation of Liability

Platform provided "as is" without warranties
Company's liability limited to fees paid to you in preceding 12 months
No liability for lost profits or consequential damages

11.2 Dispute Resolution

First attempt good faith negotiation
Then mediation in Brisbane, Australia
Finally arbitration under ACICA rules
Each party bears own legal costs

11.3 Governing Law

Governed by laws of Queensland, Australia
Submit to non-exclusive jurisdiction of Queensland courts

12. GENERAL PROVISIONS

12.1 Entire Agreement

These Creator Terms constitute the entire agreement, superseding any prior agreements.

12.2 Modifications

Company may update these Terms with 30 days' notice for material changes
Continued Platform use constitutes acceptance
Brief-specific terms supplement these Creator Terms

12.3 Assignment

You may not assign rights without written consent
Company may assign freely including in sale or merger

12.4 Notices

Via Platform messaging system
To registered email address
To physical address if required by law

12.5 Interpretation

In these Terms:

Headings are for convenience only
"Including" is illustrative, not limiting
Singular includes plural
These Terms drafted jointly, no adverse interpretation

ACCEPTANCE

By creating a Creator account, accepting any Brief, or using the Platform, you agree to these Creator Terms. Continued use constitutes acceptance of any updates.

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Creator Terms & Conditions

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