Terms of Service

1. The Service

ATTRCTION is a two-sided marketplace that helps Brands publish briefs and pay Creators for user-generated content (“UGC”). We provide the platform; the actual collaboration, content, and contractual relationship is between the Brand and the Creator. ATTRCTION is not a party to that relationship except as expressly stated in these Terms or in any escrow or payments terms presented at checkout.

2. Eligibility

You must be at least 18 years old and able to form a binding contract under applicable law. You may not use the Service if you are barred from receiving services under the laws of the United States or other applicable jurisdictions, or if you have previously been suspended or removed from the Service.

3. Accounts

To use most features you must create an account through our authentication provider. You must provide accurate information and keep it current. You are responsible for all activity under your account and for safeguarding your credentials. Notify us promptly at support@attrction.com if you suspect unauthorized access.

4. Roles: Brands and Creators

When you sign up you select a role. Brands publish briefs, fund partnerships, and use deliverables. Creators apply to briefs, deliver content, and receive payment. You may only operate one active role per account unless we expressly permit otherwise. Some features (including Shopify, Meta, and TikTok integrations) are available only to specific roles.

5. Briefs and partnerships

• Briefs. Brands publish briefs describing the content required, deliverable specifications, usage rights, timeline, and budget. Briefs must be lawful, accurate, and not misleading.
• Applications and acceptance. Creators may apply to briefs. Acceptance of an application by a Brand creates a partnership governed by the brief, these Terms, and any additional terms agreed in-platform.
• Deliverables and revisions. Creators must deliver content that conforms to the brief. The brief specifies the number of revisions; additional revisions require mutual agreement.
• Approval. Brands must review deliverables in good faith within the time stated in-platform. If a Brand fails to act within the stated review window, the deliverable will auto-approve and funds will release as set out in our Payments Terms.
• Deemed acceptance.A deliverable is also deemed accepted — triggering all payment and licensing obligations — if a Brand uses it (in whole or in part) in any advertisement, social post, landing page, email, or other marketing or promotional channel before clicking Approve. Any export or external publication of a deliverable prior to approval and payment is a material breach of these Terms.
• FTC and platform disclosure compliance. Creators must clearly and conspicuously disclose any material connection to a Brand in deliverables and any associated social posts, in compliance with 16 CFR Part 255 and any applicable platform rules — including, at a minimum, prominent#ad or #sponsoredlabelling that is not hidden, buried, or ambiguous. Failure to comply may result in removal of content, forfeiture of compensation, or termination of the Creator’s account.
• Audience authenticity (Creators). Creators represent and warrant that their social-media followers and engagement have been obtained organically and not through purchased followers, fabricated engagement, bots, or other artificial means. Misrepresentation of audience size, demographics, or engagement may result in immediate termination and forfeiture of unpaid compensation.
• Creator portfolio rights. Unless a brief specifies otherwise, Creators retain a perpetual, royalty-free, non-exclusive, worldwide right to use deliverables solely for their own portfolio and self-promotional purposes (e.g., demo reel, personal site, or social channels as portfolio samples). This right does not permit re-licensing or use in competing campaigns.

6. Payments, escrow, and fees

Payments are processed by Stripe and are subject to Stripe’s terms, including the Stripe Connected Account Agreement. By using the Service you authorize ATTRCTION to instruct Stripe to debit, hold, and pay out funds on your behalf to operate the marketplace.

• Escrow. When a Brand hires a Creator, the agreed amount is captured by Stripe and held until the deliverable is approved (manually or via auto-approval), at which point it is paid to the Creator less any applicable fees.
• Fees. ATTRCTION charges Brands a service fee. Creators are not charged a platform fee on payouts. Stripe payment-processing fees, currency conversion fees, and payout fees may apply and are disclosed at the time of transaction.
• Taxes. Each user is responsible for taxes arising from their use of the Service. We may collect tax information (e.g., W-9, W-8BEN) from Creators where required by law and may withhold or report payments accordingly.
• Refunds and disputes. Refunds and chargebacks are governed by the brief, these Terms, and our dispute process. ATTRCTION may, in its reasonable discretion, freeze funds or roll back transactions while a dispute is pending.
• Payment dispute window. Any dispute regarding an invoice, payout, or charge must be raised in writing through the Service within thirty (30) days of the applicable invoice, payout, or charge date. Disputes raised after that window are waived to the maximum extent permitted by law.

7. Content and intellectual property

7.1 Your content

You retain ownership of the content, materials, and information you submit to the Service (“Your Content”). You grant ATTRCTION a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for formatting), display, and distribute Your Content solely as needed to operate, secure, and improve the Service and to provide it to your counterparties.

7.2 Deliverables and usage rights

Prior to approval and full payment, a Brand receives only a limited, non-exclusive, non-transferable, non-sublicensable licence to access submitted deliverables solely for internal review and evaluation within the Service. No other rights to a deliverable (including any right to copy, download, distribute, publish, or display it) transfer to the Brand until the applicable payment has been successfully processed. Any external use prior to approval and payment is prohibited and constitutes a material breach of these Terms.

Upon approval (including deemed acceptance under Section 5) and full payment of all applicable fees, the Creator grants the Brand the rights stated in the brief (typically a worldwide, royalty-free, fully paid licence to use the deliverable for advertising, marketing, and related purposes within the scope and duration specified). Brands must comply with the scope and duration of the rights granted and may not exceed them. If the brief grants commission-based rights, those rights are conditioned on the Brand’s ongoing payment of commissions owed; an unremedied delinquency may suspend or terminate the licence.

7.3 ATTRCTION marks

The Service, including our software, designs, and the “ATTRCTION” name and logo, is owned by ATTRCTION and protected by intellectual property laws. We grant you a limited, revocable, non-transferable, non-exclusive license to use the Service in accordance with these Terms.

7.4 Feedback

If you send us suggestions or feedback, you grant us a perpetual, royalty-free license to use them without restriction.

8. Whitelisting and ad consents

If a Creator agrees to whitelist a social handle for a Brand’s paid promotion, the Creator authorizes the Brand and ATTRCTION to access the relevant assets (for example, via Meta Business Suite partner permissions or TikTok Spark Ads codes) for the duration and scope set out in the consent. The Creator may revoke the consent at any time, subject to live campaigns continuing through their end-of-flight to avoid disruption to scheduled ads.

9. Third-party integrations

The Service integrates with Shopify, Meta (Facebook and Instagram), TikTok, Stripe, Clerk, and other third-party platforms. Your use of those platforms is subject to their terms and policies, and we are not responsible for them. By connecting an account you authorize us to access and process the data described in our Privacy Policy. You may revoke access at any time from your dashboard or from the third party.

10. Acceptable use

You agree not to:

• Post content that is unlawful, defamatory, obscene, sexually explicit involving minors, hateful, harassing, infringing, or otherwise harmful;
• Misrepresent yourself, impersonate another person, or use content you do not have rights to;
• Circumvent the marketplace by transacting off-platform with a counterparty first introduced through the Service for the purpose of avoiding fees, for a period of twelve (12) months following the introduction (this restriction does not apply to demonstrably pre-existing relationships, and Brands may not publish deliverables through advertising accounts that are not connected to the Service for the purpose of avoiding attribution or commission obligations);
• Remove, obscure, disable, or interfere with tracking parameters, attribution mechanisms, or similarity-detection features used to identify or attribute deliverables across advertising channels;
• Solicit, harvest, or scrape personal information of other users;
• Submit malware, attempt to disrupt the Service, or interfere with another user’s use;
• Probe, scan, or test the vulnerability of the Service except under a coordinated disclosure with us;
• Use the Service to generate, train, or fine-tune any large language model or other automated system without our prior written consent; or
• Violate any applicable law or platform terms (including those of Meta, TikTok, Shopify, or Stripe).

11. Disputes between users

Disputes about the quality, scope, or delivery of content are primarily between the Brand and the Creator. We may, at our sole discretion, mediate disputes, hold or release escrowed funds, or remove content or users where appropriate. Our mediation does not establish liability on our part.

12. Suspension and termination

We may suspend or terminate your access at any time, with or without notice, if we reasonably believe you have breached these Terms, created a security or legal risk, or if your account is inactive for a prolonged period. You may stop using the Service and close your account at any time. Sections that by their nature should survive termination will survive (including IP, fees owed, disclaimers, indemnification, and dispute resolution).

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATTRCTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT, MATCH, OR DELIVERABLE WILL MEET YOUR EXPECTATIONS.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATTRCTION AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, OR DATA, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL CUMULATIVE LIABILITY FOR CLAIMS ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID OR EARNED THROUGH THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) US$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE LIMITS MAY NOT APPLY TO YOU IN FULL.

15. Indemnification

You will indemnify, defend, and hold harmless ATTRCTION and its affiliates from and against all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your Content; (b) your use of the Service; (c) your breach of these Terms; or (d) your violation of any law or third-party right.

16. Changes to the Service or these Terms

We may modify the Service or these Terms from time to time. If changes are material we will provide notice (for example, by email or in-product). The updated Terms take effect on the date stated. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

17. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws principles. Except for either party’s right to seek injunctive relief in any court of competent jurisdiction, any dispute arising out of or relating to these Terms or the Service will be resolved by confidential binding arbitration administered by JAMS under its Streamlined Arbitration Rules in San Francisco, California, USA, before a single arbitrator. The arbitrator will have authority to award any remedy that would be available in court. The parties waive the right to participate in a class, collective, or representative action. If this waiver is held unenforceable, the dispute will instead be resolved in the state or federal courts located in Delaware, and each party submits to the exclusive jurisdiction of those courts.

18. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and any payments or escrow terms presented in-platform, are the entire agreement between you and ATTRCTION regarding the Service.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full force.
• No waiver. Failure to enforce any provision is not a waiver of that provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Notices. We may give you notice through in-product messages or to the email associated with your account. You may give us notice at legal@attrction.com.
• Force majeure.Neither party is liable for delays or failures resulting from causes beyond its reasonable control. For the avoidance of doubt, a Brand’s obligation to pay fees, commissions, or other amounts already accrued is not excused by a force majeure event.
• Independent contractors. The parties are independent contractors. Nothing in these Terms creates any employment, agency, partnership, or joint-venture relationship between you and ATTRCTION or between Brands and Creators. Creators are responsible for their own taxes, insurance, and business expenses.
• Survival. Sections that by their nature should survive termination will survive, including those relating to fees and commissions accrued before termination, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and dispute resolution.

19. Contact us

ATTRCTION
Email: legal@attrction.com
Web: attrction.com