ACCEPTANCE OF TERMS OF SERVICE
1.1 Get UGC (hereinafter referred to as "UGC", "we", "us", or "our") owns and operates the website www.get-ugc.com (the "Website") and provides marketing and promotional services (the "UGC Services"). The use of the UGC Services and Website is subject to the terms and conditions outlined in this Terms of Service Agreement (the "Agreement"), which may be updated from time to time.
By accessing, creating an account, browsing, or using the UGC Services, you acknowledge that you have read, understood, and agreed to be bound by this Agreement. If you do not accept these terms and conditions, you must not access, browse, or use the UGC Services.
1.2 You acknowledge and agree that we may modify this Agreement at any time without prior notice. Any changes will be reflected on this page, with the latest revision date indicated. A current, effective copy of this Agreement will always be available at www.get-ugc.com/terms-and-conditions.
We will notify you of changes through a pop-up notice, email, or other reasonable means. However, we are not responsible for lost notifications. Any updates will take effect no sooner than thirty (30) days after being posted, except for changes related to UGC functionality, services, or legal compliance, which become effective immediately. Your continued use of UGC services and browsing of the Website constitutes acceptance of any modifications to the Agreement.
ADDITIONAL TERMS
1.3 When using UGC, you will be subject to additional terms applicable to specific services, including but not limited to the Privacy Policy and any terms specific to Brands and Creators. These additional terms are incorporated into this Agreement by reference.
ARBITRATION AGREEMENT
1.4 PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT LEGAL PROVISIONS REGARDING YOUR RIGHTS, REMEDIES, AND OBLIGATIONS.
SECTION 10 OF THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT THAT, WITH LIMITED EXCEPTIONS, REQUIRES YOU TO SUBMIT CLAIMS AGAINST UGC TO BINDING AND FINAL ARBITRATION. THIS MEANS:
- You may only bring claims against UGC on an individual basis, not as a plaintiff or class member in any collective lawsuit.
- You may seek only individual relief (monetary, injunctive, or declaratory relief).
- You may not bring any claims against UGC in a court of law.
INTRODUCTION
2.1 Get UGC connects businesses ("Brands") with social media content creators ("Creators") to facilitate social media marketing and user-generated content campaigns. These campaigns may include content creation, product/service giveaways, and distribution across social media platforms, subject to compliance with these Terms of Service.
2.2 Your access to and use of Get UGC is conditional upon your acceptance of these Terms. Continued use of Get UGC will be deemed as acceptance. If you do not agree to these Terms, you must discontinue use of the Website.
2.3 Get UGC reserves the right to revise these Terms of Service at any time. Revisions take immediate effect and may impact your use of the Website. It is your responsibility to check for updates whenever prompted or each time you use Get UGC.
2.4 Get UGC may modify or terminate any aspect of the Website at its sole discretion, including terminating user access without prior notice.
2.5 Any costs associated with using Get UGC remain your responsibility and depend on your chosen service provider.
USING THE UGC WEBSITE
3.1 Get UGC enables Brands to purchase user-generated content for advertising, social media, email campaigns, and website use. These activities include, but are not limited to:
- Acquiring content created specifically for the Brand by Creators.
- Arranging for social media distribution through Creators' accounts.
- Providing Creators with affiliate commissions based on sales (if previously agreed upon).
3.2 Brands obtain content rights through a Rights License.
3.3 Brands are responsible for:
- Providing detailed campaign briefs and content requirements.
- Ensuring product/service giveaways (if applicable).
- Approving campaign participants and content within a reasonable timeframe.
- Making timely payments for campaigns and content received.
3.4 Creators participate in marketing campaigns by:
- Providing social media content that aligns with campaign briefs.
- Publishing approved content on their own social media accounts.
- Delivering user-generated content as per the agreed terms.
3.5 Creators are responsible for:
- Providing accurate personal and social media account details.
- Complying with campaign briefs and content guidelines.
- Delivering content on time and meeting quality standards.
- Including necessary disclosures, such as ad disclaimers.
3.6 Brands and Creators agree not to negotiate terms or payments outside of Get UGC.
3.7 You may not reverse-engineer, distribute, or resell any part of Get UGC.
3.8 Users must comply with the terms of the social media platforms they engage with via Get UGC.
3.9 You are solely responsible for interactions with other users. Get UGC is not liable for user conduct.
3.10 Automated access, such as crawling or scraping, is prohibited.
3.11 Nothing in these Terms creates a partnership, employment, or fiduciary relationship between Get UGC and users.
3.12 Subject to compliance with these Terms, you are granted a limited, non-exclusive, revocable, and non-transferable license to access and use Get UGC.
3.13 Get UGC may contain links to external websites ("Linked Sites"). UGC is not responsible for their content, quality, or services.
3.14 By using Get UGC, you consent to the platform accessing social media account details and contacting you accordingly. Get UGC is not affiliated with any social media platform.
REGISTERING AN ACCOUNT
4.1 To access and use the UGC Website, users must create an account in the manner specified on the Website.
4.2 Get UGC reserves the right to refuse or cancel an account registration at its sole discretion.
4.3 Users must provide accurate, current, and complete information when registering. Incomplete, ineligible, or misleading registrations will be deemed invalid.
4.4 Users must log in to their account in the required manner each time they access Get UGC. You may not use another person’s account without their permission.
4.5 Users are solely responsible for maintaining the confidentiality of their account details. Any unauthorized use must be reported to Get UGC immediately. Get UGC is not liable for any loss or damage resulting from unauthorized access due to user negligence.
4.6 Get UGC retains the right to terminate or suspend any account if it suspects abuse, non-compliance with these Terms, or any form of fraudulent activity.
4.7 The creation of multiple accounts using automated software, bots, or other mechanical/electronic methods is strictly prohibited. Get UGC may suspend or terminate accounts found engaging in such activities.
4.8 Users understand that by creating an account, they are providing their information directly to Get UGC and not to any social media platform. Get UGC is not responsible for interactions between users and third-party platforms.
TERMS APPLICABLE TO CREATORS
5.1 Creator Eligibility
5.1.1 To register as a Creator, you must be of legal age to use social media platforms (including but not limited to Instagram, Facebook, Snapchat, TikTok, and YouTube).
5.1.2 To participate in campaigns and earn compensation, Creators must meet the following requirements:
- Your social media profiles must be public (visible to anyone).
- Your Instagram account must be set to a Business or Creator profile.
- Your social media accounts must not contain inappropriate, unethical, offensive, or misleading content.
- You must submit content on time and obtain approval from the client before publishing.
5.2 Additional Terms for Creator Accounts
5.2.1 If you do not meet the minimum eligibility criteria, you may be restricted from participating in campaigns or accessing certain features.
5.2.2 To register as a Creator, users must sign up using their Instagram, Facebook, or other provided authentication methods.
5.2.3 Get UGC will not post on a Creator’s behalf but may access engagement metrics as part of campaign performance analysis.
5.3 Creator Compensation
5.3.1 Creators are compensated for original content they create and publish for Brands in social media marketing campaigns.
5.3.2 Creators must submit the agreed visual, text, and other content elements for approval before posting.
5.3.3 If a Creator is required to publish content on their own channels, they must adhere to the agreed schedule and post the approved content without modifications.
5.3.4 If a Brand purchases content without requiring publication, the Creator transfers all rights to the content to the Brand and Get UGC.
5.4 Creator Obligations in Campaigns
5.4.1 Content must adhere to the campaign requirements outlined by Get UGC and the Brand. Non-compliant content may be rejected until it meets all standards.
5.4.2 Creators must clearly disclose their relationship with the Brand in all promotional content. Required disclosures include hashtags such as #ad or #sponsored.
5.4.3 Creators must not misrepresent their follower count or engagement metrics. Artificially inflating engagement through purchased followers, bots, or other unethical means is strictly prohibited.
5.4.4 By submitting content, Creators confirm that:
- They own all intellectual property rights to the content.
- The content does not violate any third-party rights, including copyrights, trademarks, or privacy rights.
- Any statements made about a Brand or product are true and represent their genuine opinion.
- The content does not include misleading claims, false endorsements, or inaccurate information.
5.5 Rights to Content and Posts
5.5.1 All intellectual property rights for submitted content will be transferred to the Brand upon approval and payment.
5.5.2 Creators grant the Brand a worldwide, irrevocable, non-exclusive, transferable license to use the content for promotional purposes across various platforms.
5.5.3 Creators agree that Brands are not required to remove content from their social media channels once published.
5.6 Restrictions on Creators
5.6.1 Creators agree not to:
- Modify approved content after publishing.
- Post disparaging remarks about the Brand or its products/services.
- Engage in behavior that damages the reputation of the Brand or Get UGC.
- Fail to disclose sponsored content in accordance with applicable advertising laws.
ADDITIONAL TERMS FOR BRANDS
6.1 Brand Account Requirements
6.1.1 To register as a Brand, users must complete the required sign-up process and provide valid company details.
6.1.2 Brands acknowledge that their use of creator content is conditional upon full payment for the campaign.
6.2 Payment Terms for Brands
6.2.1 Brands agree to pay Get UGC for all purchased content, published posts, and creator work.
6.2.2 Payments must be made via credit card or other approved payment methods.
6.2.3 Brands may request invoices for expected campaign costs before launching a campaign.
6.2.4 Get UGC reserves the right to refuse invoice requests at its discretion.
6.2.5 If a Brand sends free products to a Creator, there is no guarantee of a positive review.
6.3 Brand Obligations in Campaigns
6.3.1 Brands must not attempt to manipulate Creators into hiding their commercial relationship.
6.3.2 Brands warrant that any content they provide:
- Is legally owned by them or properly licensed.
- Does not mislead or contain false claims.
- Does not infringe upon third-party rights.
6.3.3 Brands acknowledge that Creators are independent contractors and that Get UGC does not control their content or opinions.
INTELLECTUAL PROPERTY
7.1 All materials, trademarks, logos, images, buttons, layout, text, and content displayed on the UGC Website (collectively, "UGC Materials") are the exclusive property of Get UGC and are protected by applicable copyright, trademark, and intellectual property laws.
7.2 Users may not copy, modify, reproduce, distribute, or commercially exploit any UGC Materials without explicit written permission from Get UGC.
7.3 Get UGC grants users a limited, non-exclusive, revocable, and non-transferable license to access and use the UGC Website strictly as per these Terms.
7.4 Any unauthorized use of UGC Materials will result in immediate termination of your account and may lead to legal action.
CREATOR & BRAND REPRESENTATIONS AND WARRANTIES
8.1 By using the UGC Website, Creators and Brands warrant that:
- All information provided upon registration is true, accurate, and up-to-date.
- They have the legal authority to create and manage their UGC account.
- All content submitted does not violate any third-party rights, including copyright, trademark, privacy, or contract rights.
- They will not engage in fraudulent activities, such as inflating engagement metrics with bots or fake followers.
- They will comply with all applicable laws and regulations in their jurisdiction.
ACKNOWLEDGEMENTS
9.1 By using Get UGC, you acknowledge that:
- Get UGC is not responsible for late or undelivered products sent by Brands to Creators.
- Get UGC does not guarantee that reviews will be positive or that campaigns will be successful.
- Brands do not obtain ownership of Creators’ personal social media accounts.
- Nothing in these Terms obligates Brands to use Creator content, even after approval.
INDEMNIFICATION
10.1 Users agree to indemnify and hold harmless Get UGC, its affiliates, officers, employees, and agents from any claims, damages, or expenses arising from:
- Any breach of these Terms by the user.
- Any unauthorized use of content submitted by the user.
- Any disputes between Creators and Brands regarding campaign deliverables.
- Any violation of intellectual property or third-party rights.
LIMITATION OF LIABILITY
11.1 To the fullest extent permitted by law, Get UGC is not liable for any indirect, incidental, consequential, or punitive damages arising from:
- Use of or inability to use the UGC Website.
- Any actions or omissions by Creators or Brands.
- Loss of data, revenue, or business opportunities.
- Content that is inaccurate, misleading, or offensive.
11.2 Get UGC’s total liability for any claim is limited to the amount paid by the Brand for the most recent campaign.
MONITORING AND ENFORCEMENT
12.1 Get UGC reserves the right to:
- Monitor all activities on the UGC Website.
- Investigate and take action against users suspected of violating these Terms.
- Remove any content that violates these Terms without prior notice.
- Freeze or terminate accounts engaged in suspicious, fraudulent, or abusive activity.
GENERAL TERMS
13.1 If the UGC Website becomes unavailable due to factors beyond Get UGC’s control (e.g., technical failures, cyberattacks, natural disasters), Get UGC may suspend or terminate services without liability.
13.2 Users may not transfer their rights or obligations under these Terms without prior written consent from Get UGC.
13.3 If any provision of these Terms is found to be unenforceable, the remainder shall still apply in full force.
DISPUTE RESOLUTION
14.1 Any disputes between users and Get UGC will be resolved through binding arbitration, except where local law provides otherwise.
14.2 Users waive the right to participate in class-action lawsuits against Get UGC.
14.3 All disputes must first be addressed through direct communication before arbitration proceedings can begin.
CHANGES TO THESE TERMS
15.1 Get UGC reserves the right to update these Terms at any time. Changes will be posted on the Website, and continued use of the UGC Services constitutes acceptance of the updated Terms.
CONTACT INFORMATION
If you have any questions regarding these Terms, you may contact us at:
Email: hello@get-ugc.com