The rules for brands and creators.

1About these terms

1. 1.1

   By creating an account or using the service you accept these terms in the version shown to you at that time. Octoclip records the version, time and action at which you accepted them. Our privacy policy and cookie policy explain how we handle personal data; they are information, not part of this contract.

2. 1.2

   A brand’s own terms and conditions, purchase terms or similar documents do not apply to Octoclip or to any creator, even if Octoclip does not object to them or a creator accepts an order that refers to them. Individual agreements in writing (email is enough) take precedence over these terms.

3. 1.3

   These terms are written in English. Any translation is for convenience only; the English version prevails.

2The marketplace

1. 2.1

   Brands hire creators to make short videos for TikTok, Instagram Reels and YouTube Shorts at a fixed price per approved video. Pay never depends on views, reach, installs or engagement. Each job is either a Creator post, which the creator publishes on their own account, or a UGC video, which the creator sends to the brand as a file. An ongoing job stays open until the brand closes it, or until Octoclip closes it after 90 days without activity from the brand. Closing a job never ends work already hired, monthly retainers included.

2. 2.2

   When a creator accepts a brand’s offer and the hire is funded, the brand and the creator enter into a collaboration agreement directly with each other. It consists of the offer, the brief, the collaboration terms shown with the offer and the collaboration standard terms below. Octoclip is not a party to that agreement. We provide the platform, collect and pay out the money through our payment provider, and apply the review and dispute rules in these terms.

3. 2.3

   Octoclip is not an agency, employer, broker or representative of either side. We do not make, direct or supervise videos, we do not guarantee that a job finds suitable creators or that a creator receives offers, and we do not guarantee the identity, quality, suitability, conduct or lawfulness of any user, brief or video, except where these terms expressly say otherwise. A “verified” label on a social account only means the creator showed control of that account at the time of the check.

3Accounts and eligibility

1. 3.1

   You must be at least 18 and have full legal capacity. Brands must be businesses acting in the course of their trade, business or profession; the person who registers a brand confirms they are authorised to bind it. Creators confirm that they offer collaborations as an independent, self-employed activity. Each person may hold one creator account; brand accounts may not be shared outside the brand.

2. 3.2

   You must give accurate, complete and current information, including for identity, payout, tax and billing checks, and update it when it changes. You are responsible for keeping your sign-in secure and for everything done through your account until you tell us it has been compromised. Tell us at once at support@octoclip.io if you suspect misuse.

3. 3.3

   We may refuse, restrict or delay registration, verification, a job, an offer or a payout where information is missing, inconsistent or suspicious, where a payment or payout provider declines to serve you, or where the law requires it. There is no right to be admitted to the marketplace.

4Brands: hiring, fees and VAT

5Payments and payouts

1. 5.1

   Payments and payouts are processed by Stripe. Brands pay by the methods Stripe offers at checkout. Creators receive payouts through a Stripe connected account and must accept the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. Stripe’s checks, limits and decisions apply in addition to these terms, and Octoclip is not responsible for them.

2. 5.2

   Each creator appoints Octoclip as their limited payment collection agent for compensation under collaborations made on Octoclip. A brand’s payment to Octoclip through Stripe discharges the brand’s payment obligation to the creator for that amount, whether or not the money has yet been paid out. Octoclip pays out creator compensation once a video is approved and the creator’s payout setup is complete. Funds are held by Stripe for this purpose; they earn no interest for brands or creators.

3. 5.3

   Octoclip may hold, delay or withhold a payment, payout or refund where we reasonably suspect fraud, a breach of these terms, a chargeback or dispute, or where the law, a court, an authority or Stripe requires it, for as long as that reason lasts. Octoclip may set off amounts a user owes Octoclip against amounts Octoclip owes that user. Brands may set off against Octoclip’s claims only with claims that are undisputed or finally decided by a court.

6Refunds, credits and chargebacks

1. 6.1

   For unapproved or undelivered videos, the brand receives the corresponding creator compensation, the full proportional platform fee and associated VAT, less only actual irrecoverable original Stripe processing costs and dispute costs already paid. Multi-video refunds are proportional to the affected videos. Approved, paid creator compensation is not refunded.

2. 6.2

   A refund goes to the original card, or the brand may choose credit earmarked for replacement hires on the original job. Credit reuses that funded money and does not incur another platform fee. A creator-winning dispute pays the creator; a brand-winning dispute refunds the affected unapproved videos.

3. 6.3

   A chargeback holds unpaid amounts while evidence is reviewed. Paid approved creator compensation is not clawed back from the creator: Octoclip bears that loss toward the creator. The brand’s account is blocked until the chargeback is resolved. A brand must use the refund and dispute process on Octoclip before contacting its card issuer. A brand that raises a chargeback for an amount that was approved, or that it could have recovered through that process, remains liable to Octoclip for the reversed amount and the dispute fees, unless the brand is not responsible for the chargeback.

7Delivery, review and revisions

1. 7.1

   Videos are delivered as links: the live post for a Creator post, and a Google Drive link for a UGC video or for the file a brand asks for with a Creator post. The brand has 5 days to review each video; if it does not answer, the video is approved automatically. The brand can ask for one revision per video, only for a must-include point of the brief that is not met, and the creator has 3 days to resubmit. Where a video has its own angle, a revision request or a rejection may also point at that angle; it is still one revision per video.

2. 7.2

   A brand can reject a video only for objective reasons set out in the brief and the delivery rules, never for low views or a change of mind. Approval, including automatic approval, is final: it releases payment and the licence and cannot be withdrawn, except where the video was obtained by fraud or infringes third-party rights.

3. 7.3

   Links must stay accessible to the brand. A creator who removes a Creator post before 90 days, or withdraws access to a delivered file before the brand has had a fair opportunity to download it, is in breach of the collaboration agreement.

8Disputes between brands and creators

1. 8.1

   Either side can dispute a review decision. Octoclip then holds the affected amount, may ask both sides for evidence, and decides on the basis of the offer, the brief, the delivery rules and the evidence supplied. Octoclip decides with reasonable care but does not investigate beyond what the parties provide.

2. 8.2

   Octoclip’s decision is final for the release or refund of the money held on Octoclip. It does not prevent either party from pursuing a claim against the other in court; any such claim is between brand and creator only. Octoclip is not liable to either party for a dispute decision, except for intent or gross negligence.

9Licence

1. 9.1

   When a video is approved, the brand may use it on all its own channels, organic and in paid ads (including Spark Ads and partnership ads), edit and cut it, worldwide and without time limit, including the creator's image and voice. The licence is not exclusive and the brand may not resell the video to third parties. A Creator post stays live on the creator's account for at least 90 days from publication.

2. 9.2

   The licence covers the brand and the companies it controls, and the agencies and service providers that run its channels and ads on its behalf. It is granted by the creator, takes effect on approval and survives the end of the collaboration, the closure of either account and the end of Octoclip’s service. The creator remains the author and may show the video in their own portfolio, but may not license it to a competitor of the brand for advertising. To the extent the law permits, the creator agrees not to assert a right to be named or to object to edits that do not distort the video in a way that harms the creator’s reputation.

3. 9.3

   Before approval, a brand may view a delivered video only to review it. Using an unapproved or rejected video in any way is not licensed and infringes the creator’s rights.

10Creators

1. 10.4

   Creators are independent. A brief defines the video, not working hours, equipment or exclusivity. Creators submit only their own work that they may lawfully publish, post from the account they applied with, and show the commercial disclosure and the platform's paid-partnership label on every Creator post.

2. 10.5

   Nothing in these terms or in a collaboration creates employment, partnership, agency or a joint venture between a creator and Octoclip or a brand. Creators decide whether to apply, which offers to accept and how to make each video. Creators are solely responsible for registering their activity, issuing any required invoice, and declaring and paying income tax, VAT, social security and any other charge on their earnings. Octoclip does not withhold taxes unless the law requires it.

3. 10.6

   The law requires Octoclip, as a digital platform operator, to collect and verify information about creators who earn through Octoclip and to report it and the amounts paid to the tax authorities each year. Creators must provide their full name, address, date of birth, tax identification number, VAT number where they have one, and payout account details on request. If a creator does not provide them after two reminders, Octoclip may withhold payouts until they are provided and may close the account.

11Collaboration standard terms

1. 11.1

   These standard terms form part of every collaboration agreement between a brand and a creator. The offer and the collaboration terms shown with it prevail where they say something different.

2. 11.2

   Creator promises. The creator promises that each video is their own original work; that they hold, and grant to the brand, every right needed for the licence; that every identifiable person who appears or speaks in it has validly consented to the use licensed; that it contains no music, footage, image, trademark or other material belonging to someone else unless that use is properly licensed for commercial advertising (sounds from a platform’s personal-use library generally are not); that it does not make claims the brief does not ask for; and that it complies with the law and the rules of the platform on which it is posted.

3. 11.3

   Brand promises. The brand promises that its brief, products, claims, links and materials are lawful and accurate, that it holds the rights to every material it supplies, and that any claim it asks a creator to make is true and substantiated. The brand alone is responsible for its products and their safety, for the lawfulness of its advertising, including health, environmental, financial and comparative claims, and for complying with each platform’s advertising policies when it uses a video in paid ads.

4. 11.4

   Product samples. Products a brand sends to a creator for a job are provided free of charge for that job, and the creator may keep them unless the brief says otherwise. They are not compensation and are not handled by Octoclip.

5. 11.5

   Confidentiality. Each party keeps confidential any non-public information about the other’s products, launches and business that it receives for the collaboration, and does not publish a video before the date the brief allows.

6. 11.6

   Indemnity between the parties. Each party indemnifies the other against third-party claims, and reasonable costs of legal defence, caused by its breach of these promises, unless it is not responsible for the breach.

12Brand responsibilities

1. 12.1

   Brands may only post jobs for lawful products and services and only ask for lawful content. Without Octoclip’s prior written approval, a brand may not post a job that promotes tobacco, e-cigarettes or nicotine products, alcohol, gambling or betting, cryptocurrencies or financial investments, weapons, prescription medicines, cosmetic procedures, weight-loss or medical treatments, dating or adult services, or political or issue-based campaigns. Octoclip may remove any job at any time.

2. 12.2

   Briefs must describe the video, not personal conduct. Brands may not ask a creator for anything outside the brief, for unpaid extra work, for payment outside Octoclip, or for personal data the job does not need.

13Acceptable use

1. 13.1

   You must not use the service to, or attempt to:

   • break the law, infringe anyone’s rights, or publish content that is illegal, hateful, harassing, violent, sexually explicit, discriminatory, deceptive or harmful to minors;
   • impersonate anyone, apply with an account you do not control, or misstate your audience, identity, business or location;
   • buy, fake or artificially inflate followers, views, comments or other engagement, or submit content generated or altered to mislead the brand about who made it;
   • send spam, unsolicited advertising or links to malware or phishing pages;
   • scrape, copy, harvest or export other users’ data, or use the service to build a competing product or database;
   • probe, overload, reverse-engineer or bypass the security, rate limits or access controls of the service, or access it with bots or automated tools other than ordinary browsers;
   • launder money, pay or receive amounts unrelated to a genuine collaboration, or use stolen payment methods.

14No circumvention

1. 14.1

   Octoclip earns its fee when a hire is funded on Octoclip. For 12 months after a brand first views a creator on Octoclip, the brand may not hire, pay or engage that creator for paid content outside Octoclip, directly or through anyone else, and must not invite a creator to do so. Creators may not ask a brand to pay them outside Octoclip for a job posted on Octoclip.

2. 14.2

   If a brand breaches this, it owes Octoclip the platform fee that would have applied had the engagement been funded on Octoclip, calculated on the amount paid to the creator. The brand may show that Octoclip’s loss was lower or none, and Octoclip may claim a higher proven loss. This does not restrict a brand from working with a creator it had a documented paid relationship with before meeting them on Octoclip.

15Reporting illegal content

1. 15.1

   Anyone can report content on Octoclip they believe is illegal or breaches these terms by emailing support@octoclip.io. Please include the exact link to the content, an explanation of why it is illegal or in breach, your name and email address (except for reports of child sexual abuse material), and a statement that your report is accurate and complete to the best of your knowledge. We confirm receipt, review reports diligently and objectively, and tell you our decision.

2. 15.2

   We may remove or restrict content, jobs or accounts that are illegal or breach these terms. Where we do, we tell the affected user the reasons, the facts relied on and how to challenge the decision, unless the law prevents us or the content is deceptive high-volume commercial spam. You may complain about any such decision, or about a decision on your report, by email within six months; a qualified person who was not involved reviews it. You may also turn to a certified out-of-court dispute settlement body or to the courts.

3. 15.3

   We may suspend, after a warning, users who frequently provide manifestly illegal content, and may stop processing reports from people who frequently submit manifestly unfounded ones. Octoclip does not monitor content generally and makes no promise to detect every breach. Authorities and users can contact Octoclip about these matters, in English, at support@octoclip.io.

16How jobs and applicants are shown

1. 16.1

   Jobs are shown to creators newest first and can be narrowed by the filters a creator chooses, such as platform, job type, language and niche. Applicants are shown to a brand in the order they applied, with the profile, handles and samples they chose to share. No one can pay for a higher position, and Octoclip applies the same rules to every brand and every creator. Octoclip does not offer goods or services of its own on the marketplace.

2. 16.2

   Users can see the data they provide and the data their own activity generates in their account. Brands see the profile of creators who apply to their jobs and the content delivered for their jobs. Octoclip uses aggregate marketplace data to run and improve the service; it does not give one user’s data to another except as these terms and the privacy policy describe.

17Octoclip’s rights and your content

1. 17.1

   The service, its software, design, text, brand and the brief templates and suggestions we generate belong to Octoclip or its licensors. You receive a personal, non-transferable, revocable right to use the service in line with these terms; no other rights pass to you.

2. 17.2

   You keep the rights in what you upload or submit. You grant Octoclip a worldwide, royalty-free, non-exclusive licence to host, store, copy, process, display and transmit that content as far as needed to run, secure and improve the service, to process payments and disputes, and to keep legally required records. This licence lasts as long as the content is on Octoclip and for any longer period that records must be kept. Octoclip does not use a creator’s video in its own marketing without the creator’s separate permission.

3. 17.3

   Unless a brand tells us otherwise in writing, Octoclip may name the brand and show its logo as a customer. If you send us ideas or feedback, we may use them freely without obligation to you.

18Automated suggestions

1. 18.1

   Some features suggest job ideas, briefs, categories or images by reading a website or app listing that a brand gives us, partly using automated and machine-learning tools. Suggestions can be incomplete or wrong. They are drafts only: the brand must review and edit them and is solely responsible for every brief, claim and requirement it publishes, and for having the rights to any image it uses as a job cover. Octoclip gives no warranty for suggestions.

19Third-party platforms and services

1. 19.1

   Octoclip depends on services it does not control, including TikTok, Instagram, YouTube, Google Drive, Google sign-in and Stripe. Their terms apply to your use of them. Octoclip is not responsible for their availability, decisions, content-labelling rules, algorithms, account restrictions or changes, including a platform removing a post, limiting its reach or changing its paid-partnership tools.

20Availability and changes to the service

1. 20.1

   We aim to keep the service available but do not guarantee uninterrupted or error-free operation. Maintenance, security measures, faults of third parties and events outside our reasonable control can interrupt it. We may change, add or remove features where this is reasonable for you, for example to keep the service secure, comply with the law or adapt to a platform or payment provider. We will not change the price, licence or review rules of an accepted collaboration.

21Suspension and closure

1. 21.1

   You may close your account at any time from support@octoclip.io. Closing does not end a collaboration that is already funded: open deliverables, reviews, payouts, refunds, disputes and licences continue under these terms. Money and acceptance records may remain where law, accounting, disputes, or payment reconciliation require them. Approved obligations are not erased by account closure.

2. 21.2

   Octoclip may end its contract with you by giving 30 days’ notice by email. We may restrict, suspend or close an account, a job or a payout immediately if you materially breach these terms, if we reasonably suspect fraud, misuse or a risk to other users, if a payment provider stops serving you, or where the law or an authority requires it. We tell you the reasons when we do, unless the law prevents it, and you may contest the decision through the complaint process below. Sections that by their nature should survive, such as licences, payment and refund rules, liability, indemnity and governing law, survive termination.

22Liability

1. 22.1

   Octoclip is liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under mandatory product liability law, and under any guarantee we have expressly given.

2. 22.2

   For slight negligence, Octoclip is liable only if it breaches an essential obligation, meaning an obligation whose performance makes the proper running of this contract possible in the first place and on whose performance you may regularly rely. In that case liability is limited to the damage that was foreseeable and typical for this kind of contract when it was made. Octoclip is otherwise not liable for slight negligence.

3. 22.3

   For users acting as businesses, liability for slight negligence is further limited to the greater of the platform fees that user paid to Octoclip in the 12 months before the event and EUR 1,000 per event, and claims for slight negligence become time-barred one year after the claimant learned of them. These limits never reduce Octoclip’s obligation to pay out or refund amounts due under these terms.

4. 22.4

   Octoclip does not promise sales, views, reach, followers, earnings, or continued availability of a social platform or payment network, and typical foreseeable damage does not include such results. The limits above also protect Octoclip’s employees, representatives and contractors. Nothing in these terms excludes rights or liability that cannot lawfully be excluded.

23Indemnity

1. 23.1

   You indemnify Octoclip, its employees, representatives and contractors against all claims by third parties, including other users and authorities, arising from your content, your briefs or products, your collaborations, or your breach of these terms or the law, together with reasonable costs of legal defence, unless you are not responsible for the breach. You must support Octoclip’s defence with the information you have. Octoclip will tell you promptly about such a claim and will not settle it at your expense without your agreement, which you may not unreasonably withhold.

24Changes to these terms

1. 24.1

   We may change these terms for the future where there is a valid reason, such as a change in the law, a court or authority decision, a new or changed feature, a change by a platform or payment provider, or a security need. We tell you of a change at least 15 days before it takes effect, by email or in the service, and explain it. If you do not agree, you may close your account before the change takes effect. Shorter notice applies only where the law, an authority or a security risk requires it.

2. 24.2

   Where a change requires your agreement, we ask for it and record your acceptance instead of replacing the earlier evidence. A change never alters a collaboration already accepted: that keeps the terms in force when it was accepted.

25Right of withdrawal for consumers

1. 25.1

   Brands and creators use Octoclip in a business capacity. If you are nevertheless a consumer under the law that applies to you, you have the right to withdraw from your contract with Octoclip within 14 days without giving any reason. The period runs for 14 days from the day the contract is concluded. To exercise it, tell us, with your name and sign-in email, by a clear statement such as an email to support@octoclip.io. It is enough to send your statement before the period ends.

2. 25.2

   Because the use of Octoclip is free for creators, withdrawal simply ends your account; nothing is repaid. Withdrawal from the contract with Octoclip does not cancel a collaboration agreement already concluded with a brand.

3. 25.3

   Model withdrawal form: “To the operator of Octoclip, support@octoclip.io: I hereby withdraw from my contract for the use of the Octoclip service. Concluded on: … Name: … Sign-in email: … Date: …”

26Complaints and dispute resolution

1. 26.1

   Send complaints about the service, including about a restriction, suspension or closure, to support@octoclip.io. We handle them free of charge, promptly and with reasons, and tell you the outcome. Octoclip is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

27Governing law and venue

1. 27.1

   These terms and any non-contractual obligations arising from them are governed by the law of the country in which Octoclip has its registered office, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a merchant, a legal person under public law or have no general place of jurisdiction in the European Union, the exclusive venue for all disputes is the courts competent for Octoclip’s registered office; Octoclip may also sue you at your own seat. If you are a consumer, you keep the protection of the mandatory rules of the country where you live and may sue in its courts.

28General

1. 28.1

   You may not transfer your account or your rights under these terms without our consent. Octoclip may transfer its contract with you to a company that takes over the service, or the relevant part of it, if this does not reduce your rights; you may close your account if you object.

2. 28.2

   We communicate with you by email and in the service, and electronic notices satisfy any requirement for written form to the extent the law permits. If a provision of these terms is invalid, the rest remains in force and the statutory rules apply in its place. Not enforcing a right does not waive it. Octoclip is not liable for delays or failures caused by events outside its reasonable control.

29Contact

1. 29.1

   Email support@octoclip.io. Operator details are in the imprint.