Terms of Service

1. Introduction and Acceptance

Welcome to Emitt. These Terms of Service ("Terms") constitute a legally binding agreement between you and Werkless V.O.F. ("Emitt," "we," "us," or "our") governing your access to and use of the Emitt platform, including our website at console.emitt.co and all related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Definitions

• "Advertiser" means a user who creates campaigns and pays for creator content promotion.
• "Campaign" means a promotional opportunity created by an Advertiser on the platform.
• "Content" means videos, images, text, and other materials submitted through the Service.
• "Creator" means a user who creates and posts promotional content for Campaigns.
• "CPM" (Cost Per Mille) means the amount an Advertiser pays per 1,000 views.
• "RPM" (Rate Per Mille) means the amount a Creator earns per 1,000 views.
• "Platform Fee" means Emitt's commission on Creator earnings.
• "Submission" means content uploaded by a Creator for a Campaign.

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable laws
• Provide accurate, complete, and current registration information
• Own or have legal authorization to use any social media accounts you connect

If you are using the Service on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.

4. Account Registration and Security

4.1 Account Creation

You must create an account to use the Service. You agree to:

• Provide accurate and complete information during registration
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

4.2 Account Types

• Creator Account: For content creators who wish to participate in campaigns
• Advertiser Account: For businesses that wish to create and manage campaigns

You may not maintain both a Creator and Advertiser account simultaneously without our prior written consent.

4.3 Social Media Account Connection

Creators must connect at least one social media account (TikTok, Instagram, YouTube, or Twitter) to participate in campaigns. By connecting your social media accounts, you:

• Authorize us to access your public profile information
• Authorize us to retrieve performance metrics (views, likes, comments, shares)
• Confirm you own or are authorized to use the connected accounts
• Agree to verify account ownership through our bio code verification process

5. Creator Terms

5.1 Campaign Participation

As a Creator, you may browse and apply to available Campaigns. Participation is subject to:

• Meeting the Campaign's eligibility requirements (minimum/maximum followers, niches, platforms)
• Submitting a complete application with a pitch (minimum 50 characters)
• Acceptance of your application by the Advertiser
• Compliance with Campaign-specific content guidelines

5.2 Content Submission

When submitting content for a Campaign, you agree to:

• Create original content that complies with Advertiser guidelines
• Submit content in approved formats (MP4, MOV, WEBM) under 500MB
• Provide accurate metadata (platform, caption, hashtags)
• Accept the Campaign terms before submitting
• Post approved content within the specified deadline (default: 24 hours after approval)

5.3 Revision Process

• Advertisers may request revisions to your submission
• The maximum number of revisions is set per Campaign (default: 2)
• You must address revision feedback and resubmit within a reasonable timeframe
• Failure to address revisions may result in submission rejection

5.4 Posting Requirements

Once your submission is approved:

• You must post the content to the specified social media platform within the deadline
• You must include required hashtags, mentions, and disclosures
• You must not delete, private, or significantly modify the posted content during the Campaign period
• You must maintain the content live for the duration specified by the Campaign

5.5 Creator Earnings

Calculation:

• Earnings are calculated as: (Views / 1,000) × Creator RPM × Decay Multiplier
• Views are tracked from connected social media platforms
• Earnings accumulate based on verified view counts

RPM Decay Schedule:

To ensure fair compensation and prevent indefinite payouts, your earnings rate decreases over time:

Earnings tracking continues for a maximum of 12 weeks per submission. Note: The RPM decay schedule is subject to change on a per-campaign basis. Advertisers may specify different decay rates in their Campaign terms.

Maximum Earnings:

Campaigns may set a maximum payment per creator. Once this cap is reached, no additional earnings will accrue for that Campaign.

5.6 Platform Fee

Emitt charges a Platform Fee on Creator earnings. This fee is already factored into the RPM (Rate Per Mille) displayed to Creators for each Campaign. The RPM you see represents your actual earnings per 1,000 views after the Platform Fee has been applied.

5.7 Payouts

Minimum Payout: $50 USD

Available Payout Methods:

• Stripe Connect: Direct bank transfer (2-3 business days)
• Wire Transfer: International bank transfer (requires IBAN, SWIFT/BIC, account details)
• Cryptocurrency: Ethereum, Bitcoin, Solana, Polygon, TRON, or Binance Smart Chain

Payout Process:

• Payouts are processed after view verification, which typically takes 30 days after the campaign ends
• Request a payout when your available balance meets the minimum threshold
• Payout requests are processed within 5-7 business days
• Wire transfers and cryptocurrency payouts may take longer due to manual processing
• You are responsible for any fees charged by your bank or payment provider

Payout Restrictions:

• You may only request payouts up to your available balance
• Pending payout amounts are deducted from your available balance
• Payouts may be delayed or withheld if we suspect fraudulent activity

6. Advertiser Terms

6.1 Campaign Creation

As an Advertiser, you may create Campaigns by providing:

• Campaign title and description (minimum 10 characters)
• Product/service details and URL
• Content guidelines and requirements
• Target platforms (TikTok, Instagram, YouTube, Twitter)
• Budget amount in USD
• CPM (what you pay per 1,000 views)
• Creator RPM (what creators earn per 1,000 views)
• Targeting criteria (follower counts, niches, demographics, countries)

6.2 Campaign Management

You are responsible for:

• Reviewing and responding to creator applications in a timely manner
• Reviewing and approving/rejecting content submissions
• Providing clear, constructive feedback when requesting revisions
• Ensuring your Campaign content guidelines are clear and complete
• Maintaining sufficient budget to cover Campaign costs

6.3 Content Approval

• You must review submissions within a reasonable timeframe
• You may approve submissions, request revisions, or reject submissions
• Rejection reasons should be provided to creators
• Approved content authorizes the creator to post publicly

6.4 Payment Obligations

• You agree to pay for all views generated by approved Campaign content
• Payments are calculated based on CPM rates set in your Campaign
• You must maintain a valid payment method on file
• Failure to pay may result in Campaign suspension and account termination

6.5 Team Access

Advertisers may invite team members with the following roles:

• Owner: Full account control, billing access, team management
• Admin: Campaign management, team management (except billing)
• Member: Campaign creation and management
• Viewer: Read-only access to campaigns and analytics

You are responsible for the actions of all team members on your account.

7. Content Standards and Prohibited Conduct

7.1 Content Requirements

All content submitted through the Service must:

• Be original or properly licensed
• Comply with Advertiser's content guidelines
• Comply with the target social media platform's terms of service
• Include required disclosures (e.g., #ad, #sponsored) as required by law
• Not infringe any third-party intellectual property rights

7.2 Prohibited Content

You may not submit or promote content that:

• Is illegal, harmful, threatening, abusive, or harassing
• Contains hate speech, discrimination, or promotes violence
• Is sexually explicit, pornographic, or obscene
• Contains false, misleading, or deceptive claims
• Infringes intellectual property rights of others
• Violates any person's privacy or publicity rights
• Contains malware, viruses, or harmful code
• Promotes illegal drugs, weapons, or regulated products without proper authorization

7.3 Prohibited Conduct

You agree not to:

• Create fake accounts or misrepresent your identity
• Artificially inflate views, likes, comments, or other engagement metrics
• Use bots, scripts, or automated tools to manipulate the Service
• Purchase fake followers or engagement
• Circumvent or manipulate our payment or tracking systems
• Harass, threaten, or abuse other users
• Attempt to access accounts or data belonging to others
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service for any illegal purpose
• Violate any applicable laws or regulations

7.4 FTC and Advertising Compliance

All users must comply with applicable advertising laws and regulations, including:

• Federal Trade Commission (FTC) guidelines on endorsements and testimonials
• Local advertising standards and disclosure requirements
• Social media platform advertising policies

Creators are responsible for including appropriate disclosures (e.g., #ad, #sponsored, "Paid partnership") in all promotional content.

8. Intellectual Property

8.1 Your Content

You retain ownership of all content you create and submit through the Service. By submitting content, you grant:

To Emitt: A non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute your content solely for the purpose of operating and promoting the Service.

To Advertisers: A license to use your approved content for the Campaign as specified in the Campaign terms. This license includes the right to:

• Display the content on Advertiser's marketing channels
• Use the content for internal analytics and reporting
• Retain the content for record-keeping purposes

8.2 License Duration

The license granted to Advertisers continues for the duration of the Campaign plus 12 months, unless otherwise specified in the Campaign terms or terminated earlier by mutual agreement.

8.3 Creator Responsibilities

You represent and warrant that:

• You own or have obtained all necessary rights to the content you submit
• You have obtained all necessary licenses for music, images, and other third-party materials
• Your content does not infringe any intellectual property rights of third parties
• You have obtained any necessary permissions from individuals appearing in your content

8.4 Emitt's Intellectual Property

The Service, including its design, features, functionality, and all related intellectual property, is owned by Werkless V.O.F. You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.

9. Privacy and Data

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.

10. Fees and Taxes

10.1 Platform Fees

• Creator Platform Fee: A percentage of Creator earnings (varies by campaign)
• Payment Processing Fees: Charged by third-party payment providers (Stripe, banks, cryptocurrency networks)

10.2 Tax Obligations

You are solely responsible for:

• Determining and paying all applicable taxes on your earnings or payments
• Maintaining accurate records for tax reporting purposes
• Complying with all tax laws in your jurisdiction

Emitt may be required to report payments to tax authorities and may request tax identification information from you.

11. Term and Termination

11.1 Term

These Terms remain in effect until terminated by either party.

11.2 Termination by You

You may terminate your account at any time by contacting us at info@emitt.co. Upon termination:

• Your access to the Service will be revoked
• Pending payouts will be processed according to normal procedures
• Active Campaign obligations must still be fulfilled
• Content already posted must remain live for the agreed Campaign duration

11.3 Termination by Emitt

We may suspend or terminate your account immediately if you:

• Violate these Terms or any applicable laws
• Engage in fraudulent or deceptive conduct
• Artificially manipulate views, engagement, or earnings
• Fail to pay amounts owed to Emitt
• Provide false or misleading information
• Engage in conduct that harms other users or the Service

11.4 Effect of Termination

Upon termination:

• All licenses granted to you under these Terms will terminate
• You must cease all use of the Service
• We may retain your data as required by law or for legitimate business purposes
• Sections that by their nature should survive termination will survive

12. Disclaimers

12.1 Service Provided "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12.2 No Guarantee of Results

We do not guarantee:

• Any specific earnings, views, or engagement for Creators
• Any specific results or return on investment for Advertisers
• Continuous, uninterrupted, or error-free operation of the Service
• Accuracy of analytics, metrics, or reporting data
• Availability of any particular features or functionality

12.3 Third-Party Services

We are not responsible for:

• Actions or policies of social media platforms (TikTok, Instagram, YouTube, Twitter)
• Changes to third-party APIs that may affect the Service
• Payment processing by Stripe, banks, or cryptocurrency networks
• Content or conduct of third-party websites linked from the Service

13. Limitation of Liability

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMITT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Unauthorized access, use, or alteration of your content or data
• Any errors, mistakes, or inaccuracies of content
• Personal injury or property damage resulting from your use of the Service

13.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EMITT'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO EMITT IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) €100.

13.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Emitt, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your content or the content you submit through the Service
• Your violation of any applicable laws or regulations

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

15.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at info@emitt.co to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good-faith negotiations for at least 30 days.

15.3 Jurisdiction

Any disputes that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.

15.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any Campaign-specific terms, constitute the entire agreement between you and Emitt regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

16.5 Notices

We may provide notices to you via email, posting on the Service, or other reasonable means. You may provide notices to us at info@emitt.co.

16.6 Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

17. Contact Information

If you have any questions about these Terms, please contact us:

• Email: info@emitt.co
• Website: https://emitt.co