Шартҳои мушаххаси барномаи (Барномаи эҷодкорӣ) сохти муҳтаво

Last updated date: February 07 2024

How to use the Content Production Programme (Creativity Programme)?

The Getcontact Content Production Programme (Creativity Programme) (the “Program”) is provided by Getverify LDA (“Getcontact”, “our,” “we,” or “us”) (“Platform”) for users to live stream, use live-streaming features, and also to allow users to create, view, interact with, and share content, and interact with others. For the avoidance of doubt, the permission we give to you under the Programme is limited to what we said we will allow in the Terms of Service; is only for you; cannot be given to anyone else by you; and can be withdrawn for the reasons allowed in the Terms of Service. This Programme Specific Terms are an integral part of the Terms of Service; hence in any matter which is not expressly regulated hereunder shall be subject to the provisions of the Terms of Service.

The Services may include an opportunity to top-up, purchase and/or obtain virtual currency and/or virtual items (e.g. Token and Gifts) (collectively “Virtual Items”) that may require you to pay a fee using legal tender (that is, “real world currency”) to obtain the Virtual Items.

Token and Gifts can be purchased through the App Store, Google Play or other application platforms ("in-app purchases") and website. The price of the Token and Gifts will be displayed at the point of purchase. All charges and payments for Token and Gifts will be made in the currency specified at the point of purchase through the relevant payment mechanism. Currency exchange settlements, foreign transaction fees and payment channel fees, if any, are based on the terms set by the preferred payment provider and Getcontact.

For the purpose of this Platform Specific Terms,

"Content" means any material, which determined by the Content Creator whether it will be offered for free or for a fee, uploaded to the Platform by any User (whether a Content Creator or a Follower), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;

"Content Creator" means a User who has set up their Getcontact account as a Creator account to post content on the Platform to be viewed by other Users;

"Follower" means a User who follows a Content Creator and is able to view the Creator's Content;

"Follower/Content Creator Transaction" means any transaction between a Follower and a Content Creator on Platform by which access is granted to the Content Creator's Content including in any of the following ways: (i) payments made by a Follower to view a Content Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (ii) use by the Follower of the follower interaction function on a Content Creator's account;

"Follower Payment" means any and all payments made by a Follower to a Content Creator (i) in connection with a Folllower/Content Creator Transaction, or (ii) by way of a tip for a Content Creator;

"Live-streaming" (or “Live-stream) is a form of live video transmission of the broadcast to be performed by the Content Creator in the countries permitted by the Getcontact application, which the User can watch and interact with in real time from the Getcontact application.

"Paid Content" is the name given to the content subject to a fee if the Content prepared by the Content Creator and whose price is determined is presented to the User.

"User" means any user of Platform, whether a Content Creator or a Follower or both (also referred to as "you" or "your").

"Virtual Item" is the name given to the Tokens, Gifts or other products to be created in the future that are sold by the Platform within the scope of this Programme.

Eligibility to the Program

Program is open to users of the Services who are aged 18 or older and is subject to the following terms and conditions of this Programme Specific Terms.

  • Users, aged 18 or above may participate in the Program. Such Users shall be selected exclusively at the discretion of the Platform on the basis of various criteria to be decided by Platform including their track record in creating quality content, number of followers etc.
  • Users can only buy Token and Gifts, send Gifts to others, receive Gifts with monetary value, earn Token and withdraw Token if they are aged 18 (or age of majority in your jurisdiction) or older.
  • Eligibility by Region: Participation in the Programme, in particular Content sharing, Content Creation and the acquisition of Virtual Currency and/or Virtual Items (e.g. Tokens, gifts), is only available to users residing in Ukraine, Indonesia and Turkey. Users outside these specified regions are not entitled to enjoy these specific features and benefits of the Programme. Getcontact reserves the right to change, remove or add new regions. Getcontact reserves the right to remove purchased paid content based on regional changes or to display it only to authorised users.

What you cannot do in the Platform

In addition to those specified under the Getcontact Code of Conduct and the Getcontact Community Regulations, you must not post, live stream or otherwise distribute any content on the Platform which:

  • infringes anyone else’s rights (such as intellectual property, privacy and/or personality rights of living or deceased people);
  • constitutes, encourages or provides instructions for a criminal offence, or dangerous activities that may lead to serious injury or death or self-harm;
  • spreads harmful misinformation such as misinformation that incites hate or prejudice or that misleads about or improperly influences elections or other civic processes;
  • contains a threat of any kind or which intimidates or harasses others, including posting any material that is intended to mock, humiliate, embarrass, intimidate, or hurt an individual;
  • is obscene, pornographic, hateful or inflammatory or which promotes sexually explicit material (e.g. by linking to adult or pornographic websites);
  • contains or promotes violence or discrimination based on race, ethnicity, national origin, religion, caste, sexual orientation, sex, gender identity, serious disease, disability, immigration status or age; or
  • otherwise contains harmful content (such as content that causes physical, mental or moral detriment to minors).

If you post content on the Platform about a brand or a product in return for any payment or other incentive, you must comply with our Advertisement Guidelines and use appropriate disclosures including any functionality the Platform provides to ensure that any posts that are, for example, sponsored are clear.  In addition, in relation to any such content you must not:

  • use surreptitious or subliminal techniques;
  • prejudice respect for human dignity;
  • include or promote any discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
  • encourage behaviour prejudicial to health or safety or which is grossly prejudicial to the protection of the environment;
  • cause physical, mental or moral detriment to minors;
  • directly exhort minors to buy or hire a product or service or directly encourage minors to persuade their parents or others to purchase goods or services being advertised; or
  • exploit the special trust minors place in parents, teachers or other persons, or show minors in dangerous situations.

In case of violation of above, your account and/or Virtual Items will be frozen; if violations occur in discovery, channels or message, Content will be deleted and banned. In addition, Users must also follow local laws. We further reserve the right to monitor and report content to authorities, as permitted by applicable law.

Virtual Items Policy

We may make the following Virtual Items available to you on our Platform from time to time.

The User will be able to send Gifts only during live broadcasts. If the User has bought a Token plan, he/she can send Gifts up to his/her Token balance or, if he/she wishes, buy Paid Content up to his/her balance in the Token plan.

Purchasing of Token:

  • Users of our Services who are aged 18 (or age of majority in your jurisdiction) or older may purchase virtual “Token” (“Token”, “token”, “tokens”, “coin”) from us using authorised payment methods and through payment providers made available and authorized by us.
  • The price of the Token will be displayed at the point of purchase. All charges and payments for Token will be made in the currency specified at the point of purchase through the relevant payment mechanism. Currency exchange settlements, foreign transaction fees and payment channel fees, if any, are based on your agreement with the applicable payment provider.
  • You will be responsible for the payment of any Token purchased by you. Once your purchase has been completed, your user account will be credited with Token.
  • Purchased Token is non-refundable and cannot be refund in this context. Users can contact the stores for refund requests if they wish.
  • When you purchase Token, you acknowledge and agree that we start supplying the Token to you as soon as the purchase is complete and therefore, your right to cancel or withdraw from the agreement to purchase is lost at this point.

Utility of Token:

  • Token can be used to purchase Gifts and Paid Content.  Token cannot be exchanged for cash, or legal tender, or currency of any state, region, or any political entity, or any other form of credit.
  • Token can only be used on our Platform and as part of our Services, and cannot be combined or used in conjunction with other promotions, coupons, discounts or special offers, except those designated by us.
  • No Token may be assigned or transferred to any other user of the Services or third party except as expressly permitted by us in writing. The sale, barter, assignment or other disposal of any Token, other than by us, is expressly prohibited. User who violates this restriction may have his/her account terminated, lose Tokens from his/her account, and/or be subject to liability for damages and litigation and transaction costs.
  • Accrued Token do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.
  • Any Token assigned, sold, or otherwise transferred without the express written consent of us are void. Any user of the Services who violates this restriction may have his or her account terminated us, forfeit Token from his or her account, and/or be subject to liability for damages and litigation and transaction costs.
  • All Token of a user will expire automatically upon termination of the user’s account for any reason and all Token will transfer to Getcontact.
  • You agree that we have the right to manage, regulate, control, modify and/or eliminate such Token, where we have a valid reason to do so such as where we reasonably believe you have violated this Policy, you are in breach of any applicable law or regulation or for legal, security or technical reasons and that we will have no liability to you based on our exercise of such right. If we decided to eliminate Token from our services completely, we will do so by providing reasonable notice to you.

GIFTS 

Purchasing of Gifts:

  • User of our Services who are aged 18 (or age of majority in your jurisdiction) or older may purchase virtual gifts (“Gifts”, “gift”) by exchanging Token for Gifts. Gifts will be offered to Users who request them through the Platform, with the opportunity to purchase them with Tokens in the relevant areas.
  • Gifts constitute a limited license to certain features of digital products and services. The exchange rate between each Coin and Gift will be displayed on our Platform at the point of exchange.
  • Published prices include taxes where required under applicable laws of your jurisdiction. If any Gifts are subject to sales tax in your jurisdiction and you have not paid the applicable sales tax to us, then you will be responsible for the payment of such sales tax and any related penalties or interest to the relevant tax authority.
  • You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate such exchange rate as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such right.
  • Purchased Gifts are non-refundable and cannot be returned.
  • Except as otherwise set out in this Policy, all sales of Gifts are final, and we do not offer refunds for any purchased Gifts. When you have exchanged your Token for Gifts, such Token will be deducted from your user account and credited with Gifts.
  • Gifts cannot be converted into or exchanged for Token or cash, or be refunded or reimbursed by us for any reason.
  • Gifts exchanged or received by any user do not constitute property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law.
  • We may replace previously exchanged copies of Gifts, if we determine in our sole discretion that the Gifts exchanged or received by a user are corrupted or otherwise damaged. We will not charge additional fees for reissuing a corrupted or otherwise damaged Gift.
  • We reserve the right to terminate, confiscation of Virtual Items from User’s account or take other appropriate action against the account of any User that is deemed to be abusing the Program or in breach of this Policy.

Utility of Gifts:

  • Only on Live-stream, you may use Gifts to rate or show your appreciation for an item of Content that is uploaded or streamed by another user.
  • When this functionality is available on the Services, you can contribute Gifts to Content by clicking the “Give Gift” button below the relevant Content.
  • When you have contributed a Gift to an item of Content Creator, this Gift will be removed from your account, and converted into Tokens in the Content Creator’s account.
  • Please note that when you give a Gift to another user you do so publicly so other users of the Services (including the recipient of the Gift) can see your name, user ID and the details of the Gift that you gave.

Token Earning Terms for Content Creators:

  • Within Programme, a Content Creator who is aged 18 (or age of majority in your jurisdiction) or older is eligible to earn Tokens for the purchase of Paid Content he or she produces or for receiving a Gift via Live-stream.
  • You agree that we have the absolute right to manage, regulate, control, modify and/or eliminate such Tokens as it sees fit in its sole discretion, in any general or specific case, and that we will have no liability to you based on its exercise of such right.
  • At any point, a Content Creator can see how many Tokens he/she has accrued on a real-time basis by checking their user account.
  • The sale of Paid Content and donation of Gift in Live-streaming are vested for the Content Creator after a certain deduction. The forfeiture period for the use of the relevant vested amount is 1 month.
  • You agree that we have the right to manage, regulate, control, modify and/or eliminate such withdrawal feature where we have a valid reason to do so such as where we reasonably believe you have violated this Policy, you are in breach of any applicable law or regulation or for legal, security or technical reasons, and that we will have no liability to you based on our exercise of such right.
  • Your first and last name needs to be an exact match to your third-party payment channel account information and your third-party payment channel account needs to be verified. It is your responsibility to ensure that you provide your third-party payment channel account information correctly. You are responsible for any losses caused by incorrect third-party payment channel account information provided by you. Payment will not be sent to an third-party payment channel account with an email address, a first and last name different from what appears on your account, and an account that has not been verified with third-party payment channel; we may, at our sole discretion, request you to provide information to verify your identity (including your first and last name and your state ID number).
  • We reserve the right to verify your identity, age (by requesting a photocopy of your state ID card, or other proof as we may require) and eligibility qualifications to our satisfaction prior to making any payment.
  • Although we aim to fulfil all withdrawal requests in a timely manner, we do not guarantee fulfilment within a specific period of time (including any estimated timings set out at the time of withdrawal) and we will not be liable to you or any third party for any failure to fulfil a withdrawal request within such time.
  • If you wish to convert the amount into a currency other than USD, this option may be available within your third-party payment channel (if applicable) account but this is at the discretion of the third-party payment channel (if applicable) and the terms and conditions of the third-party payment channel (if applicable), including any applicable fees, will apply to such currency conversion.  In the event of a transaction, deductions to be determined by third parties such as the relevant currency and payment channel will be applied to your account and the transaction will be made by deducting the relevant fees.
  • If you are subject to any taxes imposed by any jurisdiction on these payments, you will be responsible for the payment of such taxes (including any related penalties or interest) to the relevant tax authority. We reserve the right to deduct any applicable taxes prior to making such payment if we determine that we are required to do so by applicable law. We also reserve the right to request certifications from you in relation to taxes and to report to tax authorities amounts paid and/or withheld from payments to you.
  • We reserve the right to deduct Tokens from your account if you are in breach of this Policy.
  • We may cancel the Platform, the Content Creator's transactions and participation in this Program at any time. The Platform has the right to terminate this Programme unilaterally. If we cancel the Programme, we shall make reasonable efforts to provide you with prior notice to enable you to convert your Tokens into cash.  Where we have a valid reason (such as where we reasonably believe you have violated this Policy, you are in breach of any applicable law or regulation or for legal, security or technical reasons), we may deduct the Token without notice.   In either case, you shall have no right or entitlement to any financial compensation in respect of any Token accrued prior to the date of cancellation of the incentive that has not been converted into cash using the mechanism set out in this Policy
  • You agree that when a user is entitled to a refund for the Gifts he or she purchased, the payment withdrawn by you in relation to such Gifts shall be forfeited. You accept to these to be deducted from Your account without any prior notice to you.
  • You hold the privilege to discontinue your account whenever you deem fit, and we maintain the discretion to suspend your account in accordance with this Policy. Upon the deactivation or discontinuation of your account, all accumulated Token, Gifts, or Tokens will be rendered null and void instantaneously. Alternatively, we may decide to invalidate all your Token, Gifts, or Tokens within a period of 30 days from the date you request for termination. Be aware that no compensation will be provided for any residual or unclaimed Gifts, or Tokens. Therefore, we strongly recommend that you expend these virtual assets before making a decision to terminate your account.

Purchased Virtual Items are non-refundable, Users can contact the stores if they wish to request a refund.

Instructions for converting Content Creator owned Tokens into Cash 

We deduct a fee of forty per cent (40%) from the gross amount of each payment you receive from a Follower (expressed as a combination of Tokens and Gift converted into tokens derived from the Paid Content) after determining the amount in Tokens and converting that amount into the relevant currency. After deducting applicable VAT, third party payments, app store commissions and any other commissions, the percentage of share can be calculated and %40 of such calculation is referred to as "Our Fee". Thereafter, the remaining sixty per cent (60%) of the Follower's Payment, after deducting VAT, third party payments, app store commissions and any applicable commissions, is the Creator's earnings and is referred to as "Creator Earnings".

Our Fee covers the costs of running, maintaining and operating the Platform and storing Your Content. We deduct Our Fee directly from the Follower's Payment.

  • To request a cash withdrawal, you need to have a withdrawal method that we support in your region or country.  To request a cash withdrawal, Users must reside in Ukraine, Indonesia and Turkey. Getcontact reserves the right to change, remove or add new regions.
  • Make sure your withdrawal method information provided to us is accurate, complete, and up to date. Any fees or losses caused by inaccurate or incomplete withdrawal method information shall be borne by you. We are not responsible for any losses, disputes or other consequences arising from inaccurate or incomplete withdrawal method information you submit.
  • Each withdrawal request you make under your selected withdrawal method is also subject to additional conditions displayed at the point of withdrawal. The withdrawal threshold, limit as well as other information displayed on related pages may change at any time at our sole discretion and is subject to any mandatory laws or regulations in the country or region where you reside.
  • Content Creator has the right to request a withdrawal of the amount of Creator Earnings to which he or she is entitled at least thirty days after the content is purchased or live streamed. In your Getcontact account, Creator Earnings will be available for up-to-date tracking within a reasonable period of time.
  • If Content Creator are wishing to withdraw earnings from Paid Content, You can withdraw between Min 100 USD - Max 500 USD in a single transaction. For withdrawals between 100-300 USD, a 3% transaction fee is applied, and for withdrawals between 301-500 USD, a 2% transaction fee is applied. If the user does not have a sufficient balance to cover the transaction fee, they cannot complete the withdrawal process.
  • Content Creator will be able to make a maximum of 5 withdrawal requests in 1 month.
  • Content Creator are obligated to specify, through the wallet interface, to which account the withdrawn money will be credited. When the user's account is being set up, the first and last names are automatically sourced from the details verified by Know Your Customer (“KYC”). Once a user's KYC-approved name and surname are on record, these cannot be altered during the initiation of a withdrawal request.
  • Content Creator will provide details such as email, IBAN number, account number, credit card number, address, and bank name. Ensuring the accuracy of these details is the user's responsibility.
  • In compliance with international regulations and our internal policies, transfers to certain sanctioned regions and financial institutions are strictly prohibited. Specifically, within Ukraine, no transfers shall be initiated or completed to or through the regions of Crimea, Sevastopol, Donetsk, Kherson, Luhansk, and Zaporizhzhia. Any attempt to transact with these regions will result in the transaction being declined.
  • Withdrawing indicates you agree with our Programme Specific Terms,  these instructions and any additional information provided by Getcontact to you at the time of withdrawal.
  • In our Privacy Policy you can learn more about how we process your data. We maintain appropriate security measures to protect your personal data from any unauthorized access or processing.
  • All Followers Payments will be received by a third-party payment provider approved by us.
  • To make a withdrawal of Creator Earnings from your Getcontact account, you must have at least the minimum payout amount in your Getcontact account. This minimum payout is decided unilaterally by Getcontact and can be changed from time to time. These fees may vary according to the relevant country.
  • The amount that you see in your ‘current balance’ in your Getcontact account is your Creator Earnings at the relevant time. All Creator Earnings are transacted in USD only. Additionally, your e-wallet or third party payment channel  may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank, third party payment channel or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank, third party payment channel or your e-wallet company.
  • If a User successfully seeks a refund or chargeback from their credit card provider or any third party payment channel in respect of a Follower Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.

Advertisement Guidelines 

If you post or upload video Content to your Content Creator account which is designed to promote, directly or indirectly, a third-party goods, services or image in return for payment, other valuable consideration, or self-promotional purposes (including advertising, sponsorship, and product placement) (together "Advertising Content"), then you must comply with the requirements set out below.

Requirements – Advertising Content: 

You must ensure that any Advertising Content which you post to your Content Creator account does not:

  • prejudice respect for human dignity;
  • include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
  • encourage behaviour prejudicial to health or safety;
  • encourage behaviour grossly prejudicial to the protection of the environment;
  • cause physical, mental or moral detriment to any person;
  • directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
  • directly encourage persons to persuade others to purchase or rent goods or services;
  • exploit the trust of persons in others; or
  • unreasonably show persons in dangerous situations;
  • does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;
  • does not advertise, promote, or facilitate illegal gambling, and
  • in respect of any Advertising Content for alcoholic drinks, is not aimed at minors and does not encourage immoderate consumption of alcohol.

Transparency requirement 

You must declare that any Advertising Content which you post or upload to the Platform contains advertising by including the signifier #ad in the caption to the Advertising Content before posting or uploading.

A Content Creator is prohibited from deleting any created material. Should a piece of content be removed due to a violation of the Getcontact Terms, Getcontact Platform Specific Terms, any Getcontact Policy Agreement, the Getcontact Code of Conduct, or Community Regulations, User has the right to initiate a refund process within 48 hours following the content's deletion. No refund requests made after this 48-hour period will be considered.

In the event a Content Creator wishes to terminate their account, the Platform will specify the date of account deletion. User will be informed of the forthcoming deletion of the account and its associated content, ensuring they are made aware prior to making any purchases from that Content Creator.

Co-authored Content:

If you upload Content to your Content Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Content Creator on the Platform; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.

You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:

  • has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
  • has consented to the Co-Authored Content in which he or she appears being posted on the Platform.

In addition to the confirmations above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content maintain a Creator account on the Platform, you will tag the Platform  account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.

  • If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on the Platform.
  • You agree that we will only arrange for Creator Earnings to be paid to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
  • You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).

Circumstances in which we may withhold Creator Earnings:

We may withhold all or any part of the Creator Earnings due to you but not yet paid out:

  • if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
  • if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
  • if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by Content Creator or by the User who made the Followers Payment resulting in the Creator Earnings,

for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Creator Earnings result from unlawful or fraudulent activity, we may notify Content Creator that you have forfeited your Creator Earnings.

We may also withhold all or any part of the Creator Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Creator Earnings. We undertake no duty to pay Creator Earnings to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.

We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Content Creators.

If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.

If once we have finished our investigation we determine that Creator Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Followers Payments which resulted in forfeited Creator Earnings are returned to the relevant Followers who paid such Followers Payments.

Promoting Tax compliance and VAT:

General:

We recommend that all Content Creators seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.

By using Getcontact as a Content Creator, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of Getcontact to the relevant Tax authority in your jurisdiction, as required by law.

By using Getcontact as a Content Creator you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point whilst you have a Getcontact account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:

  • notify us by email to support@Getcontact.com in writing within 7 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry or investigation (as applicable); and
  • promptly provide us by email to support@Getcontact.com with:
  1. details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
  2. such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.
  • For the avoidance of doubt, you are responsible for your own Tax affairs and we and our subsidiary companies (i) are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on Getcontact in respect of Tax, and (ii) will not be liable for any non-payment of Tax by Content Creators.
  • We reserve the right to close your Getcontact account if we are notified of or become aware of any Tax non-compliance by you.

AI-Generated Content Disclosure and Compliance

Obligation to Disclose AI-Generated Content: The Content Creator is required to clearly and unambiguously disclose any AI-generated content within their submissions to Getcontact. This includes content wholly or partially created, influenced, or altered by Artificial Intelligence (AI) or machine learning algorithms. The disclosure must be prominent and understandable, ensuring that both Getcontact and the end-users can easily recognize the nature of the content.

Comprehensive Definition of AI-Generated Content: For this Agreement, AI-generated content encompasses any form of media, including but not limited to text, images, videos, and audio, which is created, modified, or substantially influenced by AI or machine learning technologies.

Consequences of Non-Disclosure: Non-compliance with this disclosure obligation is considered a fundamental breach of this Agreement. In such cases, Getcontact may withhold any pending payments to the Content Creator and remove the non-compliant content at its discretion. Getcontact also reserves the right to pursue further actions, which may include legal proceedings and termination of the Content Creator’s account.

Indemnification for Violations: The Content Creator shall indemnify and hold Getcontact harmless against any claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from any failure to disclose AI-generated content. This indemnification will remain in effect even after the termination of this Agreement.

Refunds for Undisclosed AI Content: In instances where AI-generated content is sold without proper disclosure, Getcontact retains the right to issue refunds to affected end-users. These refunds may be deducted from the Content Creator’s earnings or reclaimed directly from the Content Creator.