Privacy Policy

1 PURPOSE OF OUR POLICY

1.1 Creatively Squared Pty Ltd ABN 53 619 491 708 (we, us or our) has adopted this Privacy Policy to ensure that we have standards in place to protect the Personal Information that we collect about individuals that is necessary and incidental to:

(a) Providing the system and services that we offer; and

(b) The normal day-to-day operations of our business.

1.2 This Privacy Policy follows the standards of both:

(a) The Australian Privacy Principles set by the Australian Government for the handling of Personal Information under the Privacy Act 1988 (Cth) (Privacy Act); and

(b) The regulations and principles set by the European Union’s General Data Protection Regulation (GDPR) for the handling of Personal Data.

1.3 By publishing this Privacy Policy, we aim to make it easy for our customers and the public to understand what Personal Information we collect and store, why we do so, how we receive, obtain, store and/or use that information, and the rights of control an individual has with respect to their Personal Information in our possession.

2 WHO AND WHAT THIS POLICY APPLIES TO

2.1 Our Privacy Policy deals with how we handle “personal information” and “personal data” as it is defined in the Privacy Act and the GDPR respectively (Personal Information).

2.2 We handle Personal Information in our own right and also for and on behalf of our customers and users.

2.3 Our Privacy Policy does not apply to information we collect about businesses or companies, however it does apply to information about the people in those businesses or companies which we store.

2.4 The Privacy Policy applies to all forms of information, physical and digital, whether collected or stored electronically or in hardcopy.

2.5 If, at any time, an individual provides Personal Information or other information about someone other than himself or herself, the individual warrants that they have that person’s consent to provide such information for the purpose specified.

2.6 We consider the protection of privacy of children very important. We do not knowingly collect personal data from children under the age of 16 without obtaining parental consent. If an individual is under 16 years of age, then they should not use or access the service at any time or in any manner. If we learn that Personal Information has been collected on the service from persons under 16 years of age and without verifiable parental consent, then we will take the appropriate steps to delete such information.

3 THE INFORMATION WE COLLECT

3.1 In the course of business, it is necessary for us to collect Personal Information. This information allows us to identify who an individual is for the purposes of our business, share Personal Information when asked of us, contact the individual in the ordinary course of business and transact with the individual. Without limitation, the type of information we may collect is:

(a) Personal Information.  We may collect personal details such as an individual’s name, location, date of birth, nationality, family details and other information defined as “Personal Information” in the Privacy Act that allows us to identify who the individual is;

(b) Contact Information.  We may collect information such as an individual’s email address, telephone & fax number, third-party usernames, residential, business and postal address and other information that allows us to contact the individual;

(c) Financial Information. We may collect financial information related to an individual such as any bank or credit card details used to transact with us and other information that allows us to transact with the individual and/or provide them with our services;

(d) Technical Information. We may collect the IP Addresses of users accessing our systems, the actions of users on our website and other digital information created by an individual’s use of our online systems.

(e) Statistical Information.  We may collect information about an individual’s online and offline preferences, habits, movements, trends, decisions, associations, memberships, finances, purchases and other information for statistical purposes; and

(f) Information an individual sends us.  We may collect any personal correspondence that an individual sends us, or that is sent to us by others about the individual’s activities.

3.2 We may collect other Personal Information about an individual, which we will maintain in accordance with this Privacy Policy.

3.3 We may also collect non-Personal Information about an individual such as information regarding their computer, network and browser. Where non-Personal Information is collected the Australian Privacy Principles and the GDPR do not apply.

4 HOW INFORMATION IS COLLECTED

4.1 Most information will be collected in association with an individual’s use of our online marketplace connecting brands with content creators (Creatively Squared), an enquiry about Creatively Squared or generally dealing with us.  However, we may also receive Personal Information from sources such as advertising, an individual’s own promotions, public records, mailing lists, contractors, staff, recruitment agencies and our business partners.  In particular, information is likely to be collected as follows:

(a) Registrations/Subscriptions.  When an individual registers or subscribes for a service, connection or other process whereby they enter Personal Information details in order to receive or access something, including content creator registration or customer account setup;

(b) Creative Brief. When an individual provides written instructions for a campaign to be completed;

(c) Supply. When an individual supplies us with goods or services;

(d) Contact.  When an individual contacts us in any way;

(e) Access. When an individual accesses us physically we may require them to provide us with details for us to permit them such access.  When an individual accesses us through the internet we may collect information using cookies (if relevant – an individual can adjust their browser’s setting to accept or reject cookies) or analytical services; and/or

(f) Pixel Tags. Pixel tags enable us to send email messages in a format customers can read and they tell us whether mail has been opened.

4.2 As there are many circumstances in which we may collect information both electronically and physically, we will endeavour to ensure that an individual is always aware of when their Personal Information is being collected.

4.3 Where we obtain Personal Information without an individual’s knowledge (such as by accidental acquisition from a client), we will either delete/destroy the information, or inform the individual that we hold such information, in accordance with the Australian Privacy Principles and the GDPR.

5 USE OF META (FACEBOOK) DATA

5.1 When you connect your Meta (Facebook) account through our platform, we may request the following permissions:

(a) ads_read to access your ad account's performance data, such as impressions, reach, click-through rates, and spend

(b) ads_management to retrieve information about your campaigns, ad sets, and creatives for reporting and analytics purposes (we do not create or edit ads)

(c) business_management to access and connect assets associated with your Meta Business Manager, such as ad accounts and pages you have authorised

(d) pages_read_engagement to read engagement metrics (likes, comments, post insights) for your connected Facebook Pages if relevant to ad content

(e) pages_show_list to display a list of Pages you manage, so you can select which one to connect

5.2 We use this data only to provide you with insights and performance dashboards inside our analytics platform. We do not publish on your behalf, do not share your data with third parties, and do not use it for advertising or remarketing.

5.3 You can revoke access to your Meta account at any time via Facebook Settings. To request data deletion or account disconnection, please contact us at hello@creativelysquared.com

6 WHEN PERSONAL INFORMATION IS USED & DISCLOSED

6.1 In general, the primary principle is that we will not use any Personal Information other than for the purpose for which it was collected other than with the individual’s permission.  The purpose of collection is determined by the circumstances in which the information was collected and/or submitted.

6.2 We will only process Personal Information when we can identify a lawful basis to do so. It is always our responsibility to ensure that we can demonstrate which lawful basis applies to the particular processing purpose.

6.3 The most common lawful bases relied upon are:

(a) Consent: we will only rely upon express, clear and informed consent. Any consent provided may specify and/or restrict the purpose, and can be withdrawn at any time without penalty. We will keep a record of when and how we got consent from an individual.

(b) Legitimate interests: we will only rely upon an identifiable legitimate interest where we can demonstrate that the processing of Personal Information is necessary to achieve it by balancing it against the individual’s interests, rights and freedoms. We will keep a record of our legitimate interests assessments.

6.4 We will retain Personal Information for the period necessary to fulfil the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

6.5 If it is necessary for us to disclose an individual’s Personal Information to third parties in a manner compliant with the Australian Privacy Principles and the GDPR in the course of our business, we will inform you that we intend to do so, or have done so, as soon as practical.

6.6 We will not disclose or sell an individual’s Personal Information to unrelated third parties under any circumstances, unless the prior written consent of the individual is obtained.

6.7 Information is used to enable us to operate our business, especially as it relates to an individual.  This may include:

(a) The provision of goods and services between an individual and us;

(b) Verifying an individual’s identity;

(c)  Communicating with an individual about:

i  Their relationship with us;

ii Our goods and services;

iii Our own marketing and promotions to customers and prospects;

iv Competitions, surveys and questionnaires;

(d) Investigating any complaints about or made by an individual, or if we have reason to suspect that an individual is in breach of any of our terms and conditions or that an individual is or has been otherwise engaged in any unlawful activity; and/or

(e) As required or permitted by any law (including the Privacy Act).

6.8 The individual shall have the right to object at any time to the processing of their Personal Information for direct marketing purposes, which includes profiling to the extent that it is related to such direct marketing. If we receive such a request, we will stop the processing of Personal Information for direct marketing purposes immediately without charge or penalty.

6.9 There are some circumstances in which we must disclose an individual’s information:

(a) Where we reasonably believe that an individual may be engaged in fraudulent, deceptive or unlawful activity that a governmental authority should be made aware of;

(b)  As required by any law (including the Privacy Act); and/or

(c) In order to sell our business (in that we may need to transfer Personal Information to a new owner).

6.10 We will not disclose an individual’s Personal Information to any entity outside of Australia that is in a jurisdiction that does not have a similar regime to the Australian Privacy Principles or an implemented and enforceable privacy policy similar to this Privacy Policy. We will take reasonable steps to ensure that any disclosure to an entity outside of Australia will not be made until that entity has agreed in writing with us to safeguard Personal Information as we do.

6.11 We may utilise third-party service providers to communicate with an individual and to store contact details about an individual. These service providers may be located outside of Australia.

7 OPTING “IN” OR “OUT”

7.1 An individual may opt to not have us collect and/or process their Personal Information.  This may prevent us from offering them some or all of our services and may terminate their access to some or all of the services they access with or through us.  They will be aware of this when:

(a) Opt In.  Where relevant, the individual will have the right to choose to have information collected and/or receive information from us (for clarity, consent must involve an unambiguous positive action to opt in); or

(b) Opt Out.  Where relevant, the individual will have the right to choose to exclude himself or herself from some or all collection of information and/or receiving information from us.

7.2 If an individual believes that they have received information from us that they did not opt in or out to receive, they should contact us using the details as set out in section 11 below.

8 THE SAFETY & SECURITY OF PERSONAL INFORMATION

8.1 We may appoint a Data Protection Officer to oversee the management of this Privacy Policy and compliance with the Australian Privacy Principles, the Privacy Act and the GDPR.  This officer may have other duties within our business and also be assisted by internal and external professionals and advisors.

8.2 We will take all reasonable precautions to protect an individual’s Personal Information from unauthorised access.  This includes appropriately securing our physical facilities and electronic networks.

8.3 We use SSL encryption to store and transfer Personal Information. Despite this, the security of online transactions and the security of communications sent by electronic means or by post cannot be guaranteed.  Each individual that provides information to us via the internet or by post does so at their own risk.  We cannot accept responsibility for misuse or loss of, or unauthorised access to, Personal Information where the security of information is not within our control.

8.4 We are not responsible for the privacy or security practices of any third party (including third parties that we are permitted to disclose an individual’s Personal Information to in accordance with this policy or any applicable laws), unless otherwise required by the Privacy Act and the GDPR.  The collection and use of an individual’s information by such third parties may be subject to separate privacy and security policies.

8.5 If an individual suspects any misuse or loss of, or unauthorised access to, their Personal Information, they should let us know immediately.

8.6 We are not liable for any loss, damage or claim arising out of another person’s use of the Personal Information where we were authorised to provide that person with the Personal Information.

8.7 Where there is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information, then:

(a) We will immediately establish the likelihood and severity of the resulting risk to wider rights and freedoms of natural persons;

(b) If we determine there is a risk from the security breach, then we will immediately notify the relevant supervisory authority and provide all relevant information on the particular breach, and by no later than 72 hours after having first become aware of the breach;

(c) If we determine there is a high risk from the security breach (a higher threshold than set for notifying supervisory authorities), we will immediately notify the affected individuals and provide all relevant information on the particular breach without undue delay.

8.8 We will document the facts relating to any security breach, its effects and the remedial action taken, and investigate the cause of the breach and how to prevent similar situations in the future.

9 HOW TO ACCESS, UPDATE AND/OR REMOVE INFORMATION

9.1 Subject to the Australian Privacy Principles and the GDPR, an individual has the right to request from us the Personal Information that we have about them, and we have an obligation to provide them with such information as soon as practicable, and by no later than 28 days of receiving the written request. The individual is free to retain and reuse their Personal Information for their own purposes. We may be required to transmit the Personal Information directly to another organisation if this is technically feasible.

9.2 If an individual cannot update their own information themselves, we will correct any errors in the Personal Information we hold about an individual within 28 days of receiving written notice from them about those errors, or two months where the request for rectification is complex.

9.3 It is an individual’s responsibility to provide us with accurate and truthful Personal Information. We cannot be liable for any information that is provided to us that is incorrect.

9.4 Where a request to access Personal Information is manifestly unfounded, excessive and/or repetitive, we may refuse to respond or charge an individual a reasonable fee for our costs incurred in meeting any of their requests to disclose the Personal Information we hold about them. Where we refuse to respond to a request, we will explain why to the individual, informing them of their right to complain to the supervisory authority and to a judicial remedy without undue delay and at the latest within 28 days.

9.5 We may be required to delete or remove all Personal Information we have on an individual upon request in the following circumstances:

(a) Where the Personal Information is no longer necessary in relation to the purpose for which it was originally collected and/or processed;

(b) When the individual withdraws consent;

(c) When the individual objects to the processing and there is no overriding legitimate interest for continuing the processing;

(d) The processing of the Personal Information was otherwise in breach of the GDPR;

(e)  The Personal Information has to be erased in order to comply with a legal obligation; and/or

(f) The Personal Information is in relation to a child.

9.6 We may refuse to delete or remove all Personal Information we have on an individual where the Personal Information was processed for the following reasons:

(a) To exercise the right of freedom of expression and information;

(b) To comply with a legal obligation for the performance of a public interest task or exercise of official authority.

(c) For public health purposes in the public interest;

(d) Archiving purposes in the public interest, scientific research historical research or statistical purposes; or

(e) The exercise or defence of legal claims.

10 COMPLAINTS AND DISPUTES

10.1 If an individual has a complaint about our handling of their Personal Information, they should address their complaint in writing to the details below.

10.2 If we have a dispute regarding an individual’s Personal Information, we both should first attempt to resolve the issue directly between us.

10.3 An individual shall have the right to seek a judicial remedy where he or she considers that his or her rights under the GDPR have been infringed as a result of the processing of his or her Personal Information in non-compliance with the GDPR. Any proceedings should be commenced in New South Wales, Australia, where we are established.

10.4 If we become aware of any unauthorised access to an individual’s Personal Information we will inform them at the earliest practical opportunity once we have established what was accessed and how it was accessed.

11 CONTACTING INDIVIDUALS

11.1 From time to time, we may send an individual important notices, such as changes to our terms, conditions and policies. Where such information is materially important to the individual’s interaction with us, they may not opt out of receiving these communications.

12 CONTACTING US

12.1 All correspondence with regards to privacy should be addressed to:

Data Protection Officer

Creatively Squared Pty Ltd

hello@creativelysquared.com

You may contact the Data Protection Offer via email in the first instance.

13 ADDITIONS TO THIS POLICY

13.1 If we decide to change this Privacy Policy, we will post the changes on our webpage at https://www.creativelysquared.com/legal. Please refer back to this Privacy Policy to review any amendments.

13.2 We may do things in addition to what is stated in this Privacy Policy to comply with the Australian Privacy Principles and the GDPR, and nothing in this Privacy Policy shall deem us to have not complied with the Australian Privacy Principles and the GDPR.

Terms of Service

INTRODUCTION

Creatively Squared is the Paid Social Creative System for brand growth. We combine social-first creative strategy, native production and always-on optimization to maximize the return on your paid social investment. Use of Creatively Squared is subject to these Terms ofService.

DEFINITIONS

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

(a) ABN means Australia Business Number.

(b) Account means a registered account with Creatively Squared.

(c) Annual Contract Value or ACV means the total annual fees agreed between the Company and the Customer based on projected media spend and applicable rate tiers, as specified in theCommercial Terms.

(d) Brand Profile means a unique combination of brand positioning, target audience and campaign strategy registered within the Platform.

(e) Brief means a scope of work to be completed via Creatively Squared in accordance with the Creative Brief.

(f) 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.

(g) Commercial Terms means any additional terms agreed between the Company and the Customer with respect to the Customer's use of Creatively Squared, Visual Content, and Services, including any written proposal, quotation, or Services Agreement accepted by the Customer.

(h) Company means Creatively Squared Pty Ltd ABN 53 619 491 708.

(i) Confidential Information means any written or verbal information that:

• Is deemed as confidential under these Terms of Service;
• A party informs the other party that it considers it confidential and/or proprietary;
• A party would reasonably consider to be confidential in the circumstances; and
• Is personal information within the meaning of the Privacy Act and GDPR;

but does not include information that a party can establish:

• Was in the public domain at the time it was given to that party;
• Became part of the public domain, without that party's involvement in any way, after being given to the party;
• Was in party's possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
• Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.

(j) Connected Ad Account means an advertising account on a Supported Platform that has been connected to the Creatively Squared platform and is included in the scope of the Customer’s Commercial Terms.

(k) Content Creator means legal person engaged by the Company who is the original creator of the Visual Content developed pursuant to a Brief.

(l) Corporations Act means the Corporations Act 2001 (Cth).

(m) Creative Brief means the Customer's specific instructions for a Brief as provided via the Platform or such other manner as agreed with the Company.

(n) Creatively Squared or Platform means the Company’s Paid Social Creative System accessible from the Site, including analytics, pretesting, compliance scoring, creative workflow and reporting tools.

(o) Customer means the person or entity to whom Creatively Squared services and Visual Content are provided (which if in doubt shall be the named Account holder).

(p) Digital Usage means use of Visual Content in digital channels including but not limited to social media, retail media, display advertising, websites, mobile applications, email marketing, programmatic advertising, connected TV and streaming services (when delivered digitally), and digital out-of-home displays.

(q) Extended License means additional usage rights beyond Digital Usage, specifically for Offline Usage.

(r) Fee means any fees payable to the Company for use of Creatively Squared, including Platform Subscription Fees, Content Creation Fees, Managed Service Fees, and any other fees as agreed.

(s) GDPR means the EU General Data Protection Regulation 2016/679.

(t) GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(u) Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.

(v) Intellectual Property Rights means, for the duration of the rights in any part of the world, any Moral Rights, industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property, applications for the registration of any Intellectual Property and any improvements, enhancements or modifications to any Intellectual Property registrations.

(w) Legacy Content Services means the content creation services described in the Legacy Services Schedule, as specified in the Commercial Terms.

(x) Managed Service means theCompany’s primary service offering combining creative strategy, native production, pretesting, performance analysis and ongoing optimization for paid social advertising on Supported Platforms.

(y) Managed Service Fee means the fee calculated as an agreed percentage of the Customer’s total media spendacross all Connected Ad Accounts, as specified in the Commercial Terms.

(z) Media Spend means the total advertising expenditure across all Connected Ad Accounts as reported by the applicable Supported Platform(s). Media Spend includes all campaign spend within a Connected Ad Account regardless of the source of the creative assets.

(aa) Minimum Commitment means the minimum annual fee the Customer has committed to pay, as specified in the Commercial Terms.

(bb) Moral Rights means:

• Moral rights pursuant to the Copyright Act 1968 (Cth);
• Or any rights analogous to the rights set out in Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886 (as amended from time to time).

(cc) Offline Usage means use of Visual Content in traditional media channels including broadcast television, cable television, radio, print media, out-of-home advertising (billboards, posters, transit), cinema, product packaging and point-of-sale materials.

(dd) Platform Subscription Fees means the recurring subscription fee for access to the Platform when purchased as a standalone service without theManaged Service.

(ee) Privacy Policy means the Company's privacy policy accessible from the Site.

(ff) Services means all services provided by the Company including the Managed Service, Platform access, and Legacy Content Services where applicable.

(gg) Site means the website found at https://www.creativelysquared.com/ or such other URL used by the Company from time-to-time.

(hh) Supported Platform means Meta andTikTok, and such other advertising platforms as may be supported by the Company from time to time.

(ii) Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

(jj) Terms of Service means these terms and conditions of using Creatively Squared, as updated from time-to-time.

(kk) Territory means the country in which the Customer is based (determined by the address specified for the Customer), and such other countries (if any) specified in the Commercial Terms as being permitted countries in which the Customer may utilise and access Creatively Squared.

(ll) Visual Content means any image, video and other visual content produced by Content Creators for Briefs or as part of the ManagedService.

1. AGREEMENT

1.1 Service Structure

The Company provides Services through three distinct components:

(a) Managed Service: The Company’s primary offering combining creative strategy, native production, pretesting, performance analysis and ongoing optimization for paid social advertising. The Managed Service includes Platform access. Fees are calculated as a percentage of Media Spend on Connected Ad Accounts.

(b) Platform Subscription: Available as a standalone subscription providing access to the Creatively Squared platform including analytics, pretesting and compliance scoring tools.Platform Subscription is for Customers who require intelligence and analytics without the Managed Service.

(a) Legacy Content Services: Content creation services as described in the Legacy Services Schedule of these Terms of Service, available where specified in the Commercial Terms.

1.2 Customer Agreement

The Customer agrees:
(a) To use Creatively Squared in accordance with these Terms of Service and any applicable Commercial Terms;
(b) If creating an Account, that it is authorised to establish and maintain the Account and pay for any Services utilised; and
(c) To pay all applicable Fees in accordance with these Terms of Service and any Commercial Terms as and when they fall due.

1.3 Commercial Terms

The use of Creatively Squared and Services is further defined through Commercial Terms agreed between the Customer and the Company, which may include Services Agreements, Master Services Agreements, Statements of Work, proposals or quotations.

1.4 Conflict Resolution

Where there is a conflict between these Terms of Service and any Commercial Terms, the Commercial Terms shall prevail to the extent of the inconsistency.

1.5 Platform Foundation

Access to the Platform through payment of Platform Subscription Fees is required as the foundation for all other Services. Content Creation Plans and Managed Services are optional additions to Platform access.

2. MANAGED SERVICE

2.1 Scope

(a) The Managed Service operates at the ad account level. All paid advertisements running from the Customer’s brand handle within Connected Ad Accounts are within scope.
(b) The Managed Service includes creative strategy, native production, pretesting, compliance scoring, performance analysis, portfolio optimization, and ongoing creative recommendations for Connected Ad Accounts on Supported Platforms.
(c) The Company determines the creative volume, mix and delivery cadence required to support the Customer’s media plan. Volume scales dynamically based on Media Spend and campaign requirements.
(d) Out of Scope: organic social media, influencer marketing, Partnership/Spark Ads (ads running from a creator’s handle), media buying and placement, and activity outside Connected Ad Accounts.
(e) If the Customer wishes to limit scope to a specific brand or campaign, that spend must sit in a dedicated, separate ad account connected to the Platform.

2.2 Connected Ad Accounts

(a) The Customer must connect advertising accounts on Supported Platforms to the Creatively Squared Platform to enable the Managed Service.
(b) Connected Ad Accounts are specified in the Commercial Terms. Ad accounts may be added or removed during the term subject to the terms of the applicable Commercial Terms.
(c) The Company requires view access to all Connected Ad Accounts for the purposes of analytics, optimization and fee calculation. Media Spend as reported by the Supported Platform is the source of truth for billing purposes.

2.3 Creative Direction and Approval

(a) The Company retains creative direction over all assets produced under the Managed Service, in alignment with the Customer’s documented brand guardrails and performance objectives.
(b) Customer approval focuses on compliance review: confirming assets meet documented brand guidelines, legal and regulatory requirements, and factual accuracy.
(c) One consolidated revision round is included per asset batch, focused on brand compliance and factual accuracy. Feedback should be submitted within 48 hours of delivery as a single consolidated response through the Platform. If no feedback is received within this window, the Company may proceed to the next phase of production.
(d) The Customer may designate specific assets as “Protected” where creative must continue running for brand equity or strategic reasons. The Company will not retire Protected assets without prior approval.

2.4 Partner Ecosystem

The Company works alongside the Customer’s existing creative and media partners. The Managed Service does not replace brand creative agencies or media buying teams. Roles and boundaries should be clarified during onboarding.

2.5 Customer Requirements

The Customer must provide: brand materials and guidelines; connection of relevant ad accounts to the Platform; media partner cooperation for recommendations; and a designated approver for compliance review. Onboarding materials should be provided within 10 business days of the service commencement date. Delays may impact service timelines.

3. PLATFORM SUBSCRIPTION

3.1 Platform Access

(a) Customers who purchase a Platform Subscription without the Managed Service receive access to the Creatively Squared platform including analytics, pretesting and compliance scoring tools.
(b) Platform access includes self-serve tools and agreed support levels as specified in Commercial Terms.
(c) The Company may permit or deny Account creation in its reasonable discretion.
(d) The Company makes no representation that the Customer will achieve particular results from using Creatively Squared.

3.2 Brand Profiles

(a) The number of Brand Profiles included in a Platform Subscription and any limits on Media Spend orConnected Ad Accounts are specified in the Commercial Terms.
(b) Each Brand Profile represents a unique brand and may have independent settings.
(c) Brand Profiles may be added, modified or removed during the subscription term, subject to applicable fees specified in the Commercial Terms.

3.3 Connected Ad Accounts

(a) Platform Subscription Customers may connect advertising accounts on Supported Platforms for analytics and reporting purposes.
(b) The Company requires view access to Connected Ad Accounts for the purposes of analytics and reporting.

3.4 Meta (Facebook) Data

When connecting Meta accounts through our platform:
(a) We may request permissions including ads_read, ads_management, business_management, pages_read_engagement, and pages_show_list solely for analytics and reporting purposes.
(b) We do not create or edit ads, publish on your behalf, share data with third parties, or use it for advertising or re-marketing.
(c) You can revoke access anytime via Facebook Settings or by contacting hello@creativelysquared.com.

4. VISUAL CONTENT

4.1 Intellectual Property Assignment with Reserved Rights

(a) The Company hereby assigns to the Customer all Intellectual Property Rights in the Visual Content produced specifically for that Customer, subject to the following express conditions which form an integral part of this assignment: (i) This is a conditional assignment where ownership transfers subject to reserved usage rights; (ii) Digital Usage rights are included without additional fees; (iii)Offline Usage rights are expressly reserved and excluded from this assignment unless Extended Licence fees are paid; (iv) This structure ensures fair compensation to Content Creators who have contributed their creative labour under a standardised agreement that includes separate payments for online and offline use.
(b) The Customer acknowledges this is not a licence arrangement but a conditional assignment where ownership transfers subject to reserved rights as recognized under applicable copyright law.
(c) This assignment is further conditional upon: (i) Payment of all applicable Fees; (ii) Compliance with all usage restrictions; and (iii) Payment of Extended Licence fees befor eany Offline Usage commences.

4.2 Usage Rights Structure

(a) This assignment ofIntellectual Property Rights includes Digital Usage rights globally in perpetuity as part of the base assignment without additional fees.
(b) Offline Usage rights are specifically reserved and excluded from the base assignment. The Customer must not engage in any Offline Usage unless and until: (i) Extended Licence fees are paid in advance; (ii) Usage is in accordance with the scope agreed for suchExtended Licence; (iii) All fees are calculated based on media spend, usage type and reach as specified in Commercial Terms.
(c) This reservation of Offline Usage rights is a fundamental condition of the IP assignment, not a subsequent licence. The Customer receives ownership subject to these reserved rights.
(d) The Customer acknowledges that Extended Licence fees for Offline Usage are required to ensure fair compensation to Content Creators who retain certain economic interests in expanded usage rights.

4.3 Digital Usage Rights

Digital Usage includes, without additional fees and without limitation, the following channels and any formats and digital media now known and later devised: social media platforms (organic and paid, all current and new platforms); display advertising; retail media networks; websites and mobile applications; email marketing; programmatic advertising; connected TV and streaming services (when delivered digitally);digital out-of-home displays (screens in retail, transit and public spaces displaying digital content); digital display; digital video; on-platform retail display and video; off-platform retail display and video; product detail pages on retail sites; brand store pages on retail sites; visual search results; ratings and reviews; and other emerging forms of digital media.

4.4 Offline Usage Rights

Offline Usage requiring Extended Licence fees includes: broadcast television; cable television; radio; print media(newspapers, magazines, direct mail); traditional out-of-home advertising(printed billboards, posters, transit advertising); cinema advertising; product packaging; and point-of-sale materials.

4.5 Extended Licence Fees

For Offline Usage beyond digital channels, Extended Licence fees apply:

(a) $2,000 per asset formedia spend up to $30,000
(b) $2,000 plus 5% of spendfrom $30,000 to $50,000
(c) $3,000 plus 2.5% ofspend over $50,000

4.6 Restrictions of Use

The Customer must not:
(a) Sell, sub-licence or distribute Visual Content as standalone files;
(b) Use VisualContent in any unlawful, defamatory or harmful manner;
(c) Falsely represent ownership of Moral Rights in the Visual Content;
(d) Use Visual Content for Offline Usage without obtaining appropriate Extended Licence;
(e) Remove or obscure any attribution or copyright notices;
(f) Use Visual Content in a manner that exceeds the scope of granted rights.

4.7 Moral Rights

The Customer acknowledges that Content Creators retain Moral Rights in the Visual Content, including rights of attribution and integrity. These rights are recognized in many jurisdictions and cannot be assigned or waived in certain countries.

4.8 Usage Compliance

(a)     Customer shall maintain records of all Visual Content usage.
(b)    Company may audit usage annually with 30 days’ notice.
(c)     Undisclosed OfflineUsage incurs 3x the applicable Extended Licence fee.

5. FEES

5.1 Fee Structure

The Company’s Fees comprise:
(a) Managed Service Fees: Calculated as a percentage of Media Spend across all Connected Ad Accounts, using tiered rates as specified in the Commercial Terms.
(b) Platform Subscription Fees: Recurring subscription fees for standalone Platform access, as specified in theCommercial Terms.
(c) Extended Licence Fees: Additional fees for Offline Usage rights as set out in Section 4.5.
(d) Legacy Content Fees: Fees for Legacy Content Services as specified in the applicable Commercial Terms.
(e) Any other fees as agreed in Commercial Terms.

5.2 Managed Service Fee

(a) Managed Service Fees are calculated as a percentage of Media Spend on Connected Ad Accounts. The applicable percentage rates and tier structure are specified in the Commercial Terms.
(b) Fees are based on projected annual Media Spend. The Annual Contract Value, Minimum Commitment, billing schedule and reconciliation terms are specified in the Commercial Terms
(c) Platform access is included in the Managed Service Fee at no additional charge
(d) Minimum Contract Value and per-account minimums are specified in the Commercial Terms.

5.3 Platform Subscription Fees

(a) Platform Subscription Fees are charged on a recurring basis as specified in Commercial Terms.
(b) The Company reserves the right to adjust Platform Subscription Fees with 30 days’ notice, effective at the next renewal period.

5.4 Payment Terms

(a) Unless otherwise agreed in Commercial Terms, payment terms and billing cycles are as specified in the applicable Services Agreement or Statement of Work.
(b) Standard payment terms are Net 30 days from invoice date.
(c) Extended payment terms may be negotiated in Commercial Terms.
(d) Payments may be made by credit card, ACH/wire transfer, or other agreed methods.

5.5 Currency

Unless stated otherwise, all Fees are quoted in US dollars. Transactions may be processed in equivalent foreign currency.

5.6 Taxes

(a) Unless stated otherwise, Fees are exclusive of applicable taxes.
(b) Customers are responsible for all applicable taxes, duties and fees.
(c) The Company will provide valid Tax Invoices for all Fees.

5.7 Late Payment

(a) Late payments incur interest at 3% per month or the maximum permitted by law.
(b) The Company may suspend Services for overdue accounts.
(c) Accounts over 30 days overdue may be terminated without notice.

5.8 Refunds

No refunds are offered except as required by law or determined by the Company in its discretion. Fees paid in advance and completed Services are non-refundable.

6. GENERAL CONDITIONS

6.1 License to Use Platform

By accepting these Terms of Service, the Customer receives a limited, non-exclusive, revocable licence to access and usethe Creatively Squared Platform during their active subscription or Managed Service term.

6.2 Platform Management

(a) The Platform is hosted and managed by the Company with no local installation required.
(b) The Company reserves the right to upgrade, maintain, and improve the Platform.
(c) Feature availability may change with reasonable notice to customers.

6.3 Modification of Terms

(a)     Company may modify these Terms of Service with posting to the Site.
(b)    Continued use constitutes acceptance of modifications.
(c)     Material changes affecting payments or core services require 30 days’ notice.

6.4 Support

(a) Support levels vary by subscription type as specified in Commercial Terms.
(b) Standard support includes Platform access assistance and general inquiries.
(c) Managed Service Customers receive dedicated account management and strategic guidance as part of theManaged Service.

6.5 Acceptable Use

(a) The Customer shall use Services only for lawful purposes.
(b) The Customer is responsible for Account security and authorized usage.
(c) The Company may suspend access for violations of acceptable use policies.

6.6 Privacy

(a) The Company maintains a Privacy Policy compliant with applicable laws.
(b) Customer data is handled according to the Privacy Policy.
(c) Customers are responsible for their own privacy compliance.

6.7 Intellectual Property (Platform)

(a) The Platform and related technology remain the Company's exclusive property.
(b) Customers receive only the limited rights explicitly granted herein.
(c) Customer feedback may be used by the Company without compensation.

6.8 Confidentiality

Each party shall maintain the confidentiality ofConfidential Information received from the other party, using at least the same care as for its own confidential information. This obligation survives termination.

6.9 Liability & Indemnity

(a) The Customer uses Services at its own risk.
(b) The Company’s liability is limited to the amount of Fees paid in the preceding 12 months.
(c) Neither party is liable for indirect, consequential or punitive damages.
(d) The Company is not responsible for media performance outcomes or platform algorithm changes.
(e) The Customer indemnifies theCompany against claims arising from Customer’s use of Services or VisualContent.

6.10 Termination

(a) Services may be terminated in accordance with the applicable Commercial Terms.
(b) The Company may terminate immediately for breach after 10 days’ notice to cure.
(c) Upon termination, access ceases in accordance with the Commercial Terms and no refunds apply for prepaid periods unless specified in the Commercial Terms.
(d) No refunds are offered on fees paid in advance except as required by law.

6.11 Effect of Termination

(a) Visual Content created during the term remains subject to these Terms of Service.
(b) Unpaid Fees become immediately due.
(c) Confidentiality and indemnity obligations survive termination.
(d) Account Status Progression:Upon service end, accounts transition as follows: (i) Active: Full Platform access with all services available; (ii) Expired (30 days): View-only access, all services paused, reactivation available; (iii) Disabled (60 days): No access, all active work cancelled; (iv) Deleted (90 days): All Customer data permanently removed.

6.12 Dispute Resolution

(a) Disputes shall first be addressed through good faith negotiations.
(b) Unresolved disputes proceed to mediation, then arbitration or courts.
(c) These Terms of Service are governed by Queensland, Australia law.
(d) Parties submit to Queensland courts' non-exclusive jurisdiction.

6.13 General Provisions

(a) Entire Agreement: These Terms and applicable Commercial Terms constitute the entire agreement.
(b) Severability: Invalid provisions are severed without affecting remaining terms.
(c) No Waiver: Rights are waived only in writing.
(d) Assignment: Customers may not assign rights; Company may assign freely.
(e) Force Majeure: Neither party is liable for delays beyond reasonable control.
(f) Notices: Provided to registered contact information.
(g) Electronic Execution: Documents may be executed electronically.

6.14 Interpretation

In these Terms of Service: headings are for convenience only; singular includes plural and vice versa; “including” is not limiting; references to laws include amendments; “writing” includes electronic communications.

6.15 Publicity

The Customer agrees that the Company may identify the Customer as a recipient of services and grants the Company the right to use Customer’s name and logo in print, online, and in other multimedia advertising, sales presentations and marketing materials for promotional purposes. The Customer may opt out of this clause by providing written notice to the Company.

6.16 Anti-Circumvention and Creator Protection

(a) The Customer acknowledges thatthe Company’s creator network is proprietary and valuable.
(b) During the term and for 12months following termination, the Customer shall not, without written consent: (i) Directly engage any Content Creator introduced through the Platform; (ii) Facilitate introductions between Content Creators and third parties for circumvention; (iii) Exchange contact information with Content Creators for work outside the Platform.
(c) Conversion Option: After termination, if Customer wishes to engage a Content Creator directly, a one-time Conversion Fee of $10,000 USD per Creator applies.
(d) Violations result in: (i) Immediate account termination; (ii) Forfeiture of all Visual Content assignments; (iii) Liquidated damages of $25,000 per violation.

LEGACY SERVICES SCHEDULE

This Schedule applies to Customers withCommercial Terms that include Legacy Content Services.

L1. Legacy Content Services

(a) Legacy Content Services provide access to the Company’s creator network for production of Visual Content pursuant to Briefs.
(b) Legacy Content Services are provided under annual agreements with a fixed Active Credit Limit as specified in the applicable Commercial Terms.
(c) Content Credits are units that measure the size and complexity of projects. The Customer’s Active Credit Limit determines the total credits worth of projects that can be in production simultaneously. Different creative outputs (photography, videography, post-production)are assigned credit values based on their resource requirements.

L2. Active Credit Limit

(a) The Customer may submit Briefs up to their Active Credit Limit.
(b) Projects exceeding the Active Credit Limit will be queued until sufficient capacity becomes available.
(c) Legacy Content Services requirean active Platform Subscription or Managed Service.

L3. Submitting a Brief

(a) The Customer may submit a Brief through the Platform when they have available Active Credit Limit.
(b) Each Brief must specify theVisual Content required and associated credit values.
(c) The Company may accept, vary, request clarifications, or decline a Brief for any reason within 24 hours (Business Days) of submission.
(d) The Customer may be requested to provide further information or clarification before commencing services.

L4. Delivery of Visual Content

(a) Visual Content will be delivered via the Creatively Squared platform.
(b) Standard delivery includes: images at 2048 pixel resolution; videos at 720p resolution; Digital Usage rights globally in perpetuity.
(c) Higher Resolution assets and Extended Licences are available for additional fees.

L5. Reshooting and Revisions

Unlimited reshoots and revisions are included within the LegacyContent Service. Projects requiring reshoots remain in Production, utilizing Active Credits until satisfactory completion.

L6. Matching Content Creators

(a) The Company uses its matching technology to assign appropriate Content Creators to accepted Briefs.
(b) Unless specified, the Company will engage multiple Content Creators and rotate assignments.
(c) Customers may request specific Content Creators subject to availability.
(d) Customers shall not engage Content Creators outside of Creatively Squared without written consent.
(e) Customers are responsible for shipping required products to Content Creators within agreed timeframes. Delays in shipping maintain Credits in Active status at Customer’s cost.
(f) Content Creators are independent contractors, not employees. Visual Content is not created as work-for-hire but through independent creative services with subsequent rights assignment.

L7. Legacy Content Fees

(a) Legacy Content Fees are annual subscription fees for specified Active Credit Limits as set out in the applicable Commercial Terms.
(b) Fees are billed annually in advance.
(c) No refunds apply for cancellations during a subscription period.
(d) The Company reserves the right to adjust fees with 30 days’ notice, effective at the next renewal period.

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