Creator Terms of Service

These Creator Terms of Service ("Creator Terms") govern your use of the Attribyte platform (the "Platform"), operated by Attribyte App Inc. ("Attribyte", "we", "us" or "our"), a Delaware corporation with its registered address at 28 Geary St STE 650, #599, San Francisco, CA 94108, United States.

By creating a creator account or using the Platform you ("Creator", "you") agree to these Creator Terms and acknowledge the Privacy Policy. Do not use the Platform if you do not agree. If you use the Platform on behalf of a company or another entity, you represent that you are authorized to bind it, so "you" then means both you and that entity.

If you are a Brand or advertiser, these Creator Terms do not apply to you. Your use of the Platform is governed by the Brand Terms of Service instead.

1. Definitions

Term	Definition
Acceptance	A Brand's approval of your Creator Content in the Platform or its use of that content in any advertisement, post, email or other marketing channel, whichever comes first. Section 5.2 sets the detail.
AI Insights	The Platform feature that gives you feedback on videos you upload for that purpose before submitting them. Section 5.1 sets the detail.
Attributed Sale	A sale in a Brand's connected commerce store that the Platform attributes to you under the Attribution Methodology.
Attribution Methodology	The attribution rules in Section 7.
Bonus	A discretionary amount a Brand awards you in a Program.
Brand	A business that uses the Platform to run Programs or to engage Creators. Brands are not parties to these Creator Terms.
Connected Ad Account	An advertising account a Brand has connected to the Platform.
Creator Content	Any content, media or materials you submit, upload or link to through the Platform for a Brand, including your name, likeness, image and voice as they appear in it.
Earning	An amount that becomes owed to you under Section 8.1, under any of the earning types listed there.
Portfolio Content	Material you upload to your own media card to showcase your work, other than Creator Content.
Program	A collaboration between a Brand and one or more Creators configured in the Platform, with one or more earning rules.
Program Details	The parameters displayed or configured in the Platform for a given Program, including earning rules and amounts, deliverables, approval conditions, attribution window and Usage Period.
Smart Retainer	A monthly guarantee under which the Brand tops up your gross commission Earnings in a Program for the month to the guaranteed amount, as set out in Section 8.1.
Standard Retainer	A fixed monthly amount payable when you get the number of approved Submissions set in the Program Details in the month, as set out in Section 8.1.
Submission	Creator Content you submit through the Platform for a Brand's review in a Program.
Submission Bonus	An amount set in the Program Details that becomes payable when you reach the number of approved Submissions set there, as set out in Section 8.1.
Tracking Parameters	The att_id slugs, UTMs, pixels, tags, platform macros and other attribution mechanisms the Platform issues or applies to Creator Content or destination links.
Usage Period	The period a Brand chooses in the Program Details for using Creator Content under Section 5.5.

2. Eligibility and Account

2.1 Your Account

You must be 18 or older and able to form a binding contract. You must provide accurate profile, contact, tax and payout information and keep it current. You are responsible for everything done through your account and for safeguarding your credentials. Tell us promptly at legal@attribyte.app if you think someone else has used your account. Do not sell, transfer or share the account.

2.2 Identity Verification

You must complete identity verification hosted by our payment processor before applying to a Brand or joining a Program. Verification is a precondition of participation, and you cannot accrue an Earning before it is complete. During onboarding you also accept our payment processor's connected account agreement.

2.3 Media Card

The Platform gives you a media card: your own public page, accessible to anyone with the link, visible outside the Platform, and liable to be indexed, crawled, cached or copied by search engines and other third parties. It is enabled when you create your account and is part of the service. It is separate from your account within the Platform; Brands see you through the Platform itself.

Default contents. By default your media card shows only your display name, city, verified sales and the Portfolio Content you upload. Everything else is shown only if you turn it on. "Verified sales" means sales the Platform has attributed to you under Section 7, calculated by us rather than self-reported. Location is shown at city level only. Do not add information you are unwilling to make public.

Brand data. Verified sales are shown as a single figure for your performance across the Platform. No Brand is identified and no per-Brand figure, commission rate, order data or end-customer data is shown.

Portfolio. You keep ownership of Portfolio Content and grant us a worldwide, non-exclusive, royalty-free license to host, store, transcode and publicly display it on your media card for as long as you keep it there. You represent that you own or are authorized to publish everything in it, including music, footage, likeness or trademarks, and that publishing it does not breach the rules of the platform it was made for. If you upload material you made for a Brand, Section 5.9 and any restriction in the Program Details apply, and you may not display it before the Brand has published it. We may remove Portfolio Content at our discretion, including on request from a Brand or a rights holder.

Connected social accounts. You may connect Instagram, TikTok and Snapchat accounts to your media card. Connections are off by default. Enabling one authorizes us to retrieve and publicly display the profile information and metrics the connection permits, for as long as it remains active. You may disconnect at any time; we then stop retrieving new data and remove the retrieved data from the card.

Turning it off. You may disable your media card at any time without giving reasons. Disabling makes the page inaccessible. It does not affect your presence within the Platform, Earnings already accrued, obligations already incurred or your participation in Programs. We cannot remove copies, caches, screenshots or indexed records third parties made while the card was public.

Accuracy. You are responsible for the accuracy of information you add. We verify only the sales figures we calculate ourselves.

3. Your Relationship with Brands and with Attribyte

Program Details are set by the Brand or agreed between you and it through the Platform. You collaborate as an independent contractor. These Creator Terms create no partnership, joint venture, agency or employment relationship with Attribyte or any Brand. Neither Attribyte nor any Brand owes you employee benefits, holiday pay, pension contributions, sick pay or similar payments or deductions. You cover your own taxes, business expenses and insurance.

Attribyte is a marketplace and infrastructure provider. We provide the technology, attribution, fee calculation, payment infrastructure and support tools. We are not a party to the collaboration between you and a Brand, and we do not direct or control how you perform your services.

Conduct all Program-related communication through the Platform so that an authoritative record exists. We are not responsible for agreements, payments or disputes arising from arrangements made outside the Platform.

4. Your Obligations

4.1 General

You agree to:

• comply with all applicable laws and regulations;
• provide accurate identity, contact, tax and payment information;
• honor commitments you make to Brands on the Platform;
• submit only content you own or are authorized to license;
• comply with the advertising disclosure rules that apply where you and your audience are, including U.S. FTC rules (16 CFR Part 255) and equivalent local rules; and
• comply with the rules of any third-party platform where content is published.

4.2 Disclosures and Honest Opinion

Where you post content for a Program yourself, you must disclose your commercial relationship with the Brand clearly and conspicuously, using the disclosure tools the platform provides. You must give your honest opinion and your actual experience of the product. Do not make a claim that is false, misleading or that you cannot support.

You may rely on product facts and scripts the Brand supplies unless they are unlawful on their face, obviously false or inconsistent with your own experience. Tell us if a Brand asks you to make a claim you cannot stand behind or to hide your relationship with it. Attribyte does not assume your regulatory duties.

4.3 Product Samples

A Brand may offer product samples in a Program. When a sample is sent to you, your name, shipping address and phone number are shared with the Brand and passed to its commerce store so it can ship the sample. The Brand may use these details only to ship the sample. You keep the product. Attribyte is not responsible for delivery.

5. Content, Licensing and Acceptance

You retain ownership of Creator Content. Nothing in these Creator Terms transfers ownership to a Brand or to Attribyte.

5.1 License to Attribyte and AI Processing

By submitting Creator Content, or uploading a video to AI Insights, you grant Attribyte a limited, worldwide, non-exclusive, royalty-free license to host, store, transmit, display and process it as necessary to operate the Platform and run the Programs you take part in. Every piece of Creator Content submitted is assigned a unique identifying code paired with the file.

As part of the service, Attribyte uses automated tools, including AI models provided by third parties (currently Google's Gemini API), to:

• transcribe submitted Creator Content, and show the transcript to the Brand when it reviews the Submission;
• analyze and tag approved Creator Content, for example its format, structure and on-screen elements, to provide analytics in the Platform; and
• give you feedback through AI Insights on videos you upload for that purpose before submitting them.

This processing is part of the service and there is no opt-out. The providers process content on Attribyte's behalf under contract.

AI Insights feedback is informational only. Videos uploaded to AI Insights and the resulting insights are deleted 30 days after upload unless the video is submitted to a Brand.

5.2 Acceptance

Acceptance occurs on the earlier of:

• the Brand clicking "Approve", "Accept" or a substantially similar action in the Platform; or
• the Brand using the Creator Content in any advertisement, organic post, landing page, email or other marketing channel.

Use of Creator Content in any such channel is deemed Acceptance and triggers all payment obligations and licensing consequences, whether or not the Brand also clicked to approve.

5.3 Before Acceptance

Before Acceptance a Brand may only review your Creator Content within the Platform. Any external use before Acceptance is prohibited under the Brand Terms, is deemed Acceptance, and entitles you and Attribyte to pursue all available remedies.

5.4 License to the Brand on Acceptance

On Acceptance you grant the Brand a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to use the Creator Content solely for the Program and related marketing, regardless of channel; within the terms in the Program Details, including any Usage Period; for the duration set out in Section 5.5 or 5.6, whichever applies; and in compliance with applicable law.

The Brand may only make the technical adaptations an advertising or publishing channel needs: cropping, resizing, format conversion, adding subtitles or captions, and the automatic adaptations ad platforms apply, as long as this does not change what the content says. The Brand may not cut or re-edit the content, make new versions or derivative works, combine it with other footage, or alter the original files. You keep your moral rights but agree not to assert them against uses this Section allows.

That license covers your name, likeness, image and voice as they appear in the Creator Content and only within the scope above. It gives a Brand no wider right to your name, likeness, image or voice. A transfer or sublicense gives no more than the Brand has and ends when the Brand's license does.

5.5 Fixed-Only Programs: Usage Period

This Section applies when a Program's paid rules are only fixed amounts (per approved Submission, and any Standard Retainer, Smart Retainer, Bonus or Submission Bonus) with no commission or performance rule, meaning no % of sales, lead, ad performance or organic views rule.

• The Brand chooses a Usage Period in the Program Details: 1, 3, 6 or 12 months, or perpetual. You see it before joining the Program.
• The Brand's license starts at Acceptance and is conditioned on successful payment of the amount for that Creator Content.
• Before the Usage Period ends the Brand may offer you an extension through the Platform against a new payment. You may accept or decline.
• If no extension is agreed, at the end of the Usage Period the Brand must stop using the Creator Content: no new publication in any channel, and live advertisements are stopped or disabled within 5 business days. Organic posts already published before the end may remain.
• Where the Usage Period is perpetual, the license becomes fully paid, perpetual and irrevocable once the amount for that Creator Content has been successfully charged to the Brand.
• For Creator Content approved in a Standard Retainer month where the target was not met, nothing is payable and the Brand gets no license to it, unless the Program also has a commission or performance rule, in which case Section 5.6 applies.

5.6 Programs with a Commission or Performance Rule: Conditioned Rights

This Section applies to any Program with a % of sales, lead, ad performance or organic views rule, also when combined with fixed amounts, retainers or bonuses. In such a Program the fixed amounts are a supplement, not a purchase of the Creator Content. The Brand's license lasts as long as the content runs and is conditioned, for as long as the Brand uses the content, on all of the following:

• every paid advertisement that features the content and directs traffic to the Brand's site or store carries the Tracking Parameters the Platform issued for it;
• the Brand publishes the content only through advertising accounts it has connected to the Platform;
• the Brand keeps in place the connected commerce store, web pixel or conversion feed that records the resulting sales; and
• the Brand pays the commissions, fees and other amounts owed when charged.

The tracking, account and store conditions are what make your sales countable. A Brand using your content without meeting them is using it outside the license.

If the Brand breaches a condition and does not cure within 14 days of notice from us or from you, the license terminates to the extent permitted by law and the Brand must stop using the content and take down live advertising within 5 business days. Termination of the license does not cancel Earnings already accrued.

Leaving a Program. Leaving a Program does not end the Brand's license. Content that keeps running keeps crediting you.

Terminating the license. You may terminate the Brand's license to a piece of Creator Content through the termination function in the Platform. The Brand is notified in the Platform and by email. A 30-day wind-down runs from the notice. During the wind-down the Brand may keep using the content and your Earnings keep accruing as normal, including conversions within the attribution window from placements that ran before the end of the wind-down. After the wind-down the Brand must stop all use of the content and remove or disable live advertisements. Continued use is use outside the license.

Closing your account. Closing your account counts as termination notice for all your Creator Content under this Section 5.6, with the same 30-day wind-down. Your account is closed at the end of the wind-down. Licenses under Section 5.5 are not affected by closing your account.

5.7 Rejection and Withdrawal

If a Brand rejects your Creator Content through the Platform, no license is granted and no payment obligation arises, unless the Program Details provide otherwise, for example for revision-based partial compensation. You may withdraw submitted Creator Content at any time before Acceptance, provided you have not received notice through the Platform of the Brand's intent to accept. Where the Program Details specify a review period, the Brand must accept or reject within it or the Submission lapses.

5.8 Removal Requests

You may request removal or disabling of Creator Content that has not been Accepted. The Brand will comply.

5.9 Your Own Portfolio

Unless the Program Details provide otherwise, the Brand grants you a perpetual, royalty-free, non-exclusive, worldwide license to use Creator Content the Brand has published solely for your own portfolio and self-promotion. Section 2.3 applies if you put it on your media card.

5.10 Representations and Warranties

You represent and warrant that you own or control the rights to everything you upload and that it infringes nobody's rights, including any third-party music, footage or trademark inside it. A track you are licensed to use inside a social app is not always cleared for the same video running as a paid advertisement. If anyone else appears in or is identifiable from your content, you warrant that you have their permission for it to be used as these Creator Terms allow, and a parent's or guardian's permission if they are a child.

These warranties do not apply to material a Brand supplies you for its Program, such as its logo, product images, footage, music or script. The Brand grants you a royalty-free, non-exclusive license to use that material to make and deliver content for that Program. You get no other rights in it.

5.11 Takedown

We may require you or a Brand to remove, modify or stop running content that we reasonably determine presents a legal, regulatory, reputational or platform-policy risk, including under Shopify, Meta, TikTok or Snapchat rules, even if a Brand already approved or published it. You must act on our notice promptly.

We do not review content for accuracy, substantiation or legal compliance before it runs, and acting on one piece of content creates no duty to monitor the rest. A takedown does not by itself cancel Earnings already accrued; Earnings can be reduced only in the cases in Section 8.4.

5.12 Promotional Use by Attribyte

We will not use your name, handle, image, likeness or Creator Content in our own marketing, case studies or sales materials unless you have given us permission. We ask for that permission separately, in the Platform or by email, and it is not a condition of using the Platform.

You may withdraw it at any time by emailing legal@attribyte.app. Withdrawal applies going forward; we are not required to recall material already published. Any earnings figures we use are anonymized or aggregated. Your media card is separate from this Section and is governed by your own settings.

5.13 Content Similarity Detection

To enforce Brands' payment obligations and protect you, Attribyte may use automated methods to compare content files against Creator Content submitted through the Platform to identify substantially similar material, including altered, re-encoded or screen-recorded copies, or copies published without Tracking Parameters or through an account that is not a Connected Ad Account. These methods are not used to identify a natural person.

6. Confidentiality

Program briefs, unreleased products, pricing, discount codes, the commission rate a Brand offers, performance data and other non-public information a Brand or Attribyte gives you that a reasonable person would treat as confidential are confidential ("Confidential Information"). Use it only for the Program and protect it with reasonable care. You may share it with your own advisors who need it and are bound to keep it confidential.

Information that is public, already known without a duty of confidence, independently developed or received from a third party free to disclose it is not Confidential Information. You may disclose Confidential Information if the law requires it, after telling the Brand where you are allowed to. Information you publish on your media card under Section 2.3 is not Confidential Information.

These obligations survive termination for three years, and indefinitely for Creator Content that has not been Accepted.

7. Attribution

Attribution is determined by the Platform on a last-click basis within a seven-day window, measured from the last recorded click on a link carrying your Tracking Parameters, unless the Program Details specify a different window. Attribution is recorded through the Attribyte web pixel installed in the Brand's connected commerce store and through the Brand's connected commerce and advertising integrations.

Where an order carries no Tracking Parameters, the Platform may also attribute it to you using supplementary signals, namely (a) matching a one-way hash of the buyer's IP address against a recorded click on your tracking link for the same Brand shortly before the order, and (b) UTM and ad identifiers in the commerce platform's customer journey data that map to ads using your Creator Content. Where an earning rule is tracked by platform data, the figures reported by the ad platform are used. Such attributions are part of the Attribution Methodology and create Earnings like any other.

Attribution results produced by the Platform are the authoritative record for calculating Earnings and fees, unless demonstrably inaccurate. They may differ from figures reported by advertising platforms or third-party analytics tools, which apply different models and windows.

Where figures come from an ad platform, the first figure the Platform syncs from the ad platform for a day is final for calculating Earnings and fees, even if the ad platform later revises it up or down.

Where an advertising format runs from your own account or handle, such as TikTok Spark Ads, Meta Partnership Ads or Snapchat placements against your profile, the Brand must hold a valid authorization from you for the whole period the placement runs. Expiry or revocation of that authorization does not extinguish an Earning already accrued.

8. Earnings

8.1 How Earnings Arise

A Program has one or more earning rules, set in the Program Details. An Earning arises as follows:

Earning type	Earning arises when	You earn
% of sales	A sale is attributed to you under Section 7. The sale is tracked by Attribyte or, if the rule says so, by platform data (the purchase value reported by Meta, TikTok or Snapchat in their own window).	The rate in the Program Details multiplied by the order value, including VAT.
Fixed amount per lead	A lead (a sign-up, booking or form) is submitted by a visitor carrying your Tracking Parameters. Leads are tracked by Attribyte only.	A fixed amount per lead.
Fixed amount per approved Submission	The Brand accepts your Submission (Acceptance under Section 5.2).	A fixed amount.
Ad performance (Meta, TikTok, Snapchat)	The ad platform reports the metric chosen in the Program Details for ads using your Creator Content.	A % of ad spend, or a fixed amount per impression (per 1,000), click, purchase or conversion, trial, or video view (per 1,000), as set in the Program Details.
Organic views	Views on your own Instagram or TikTok posts, read from your connected accounts, counted during the 7 days after the post is published.	An amount per 1,000 views, optionally capped per post.
Bonus	The Brand awards you a discretionary Bonus.	The amount set by the Brand.
Submission Bonus	You reach the number of approved Submissions set in the Program Details, counted from when you joined the Program.	The amount set in the Program Details.
Standard Retainer	Monthly. You get the number of approved Submissions set in the Program Details in the month.	A fixed monthly amount, payable when the last required Submission is approved. If the target is not reached by the end of the month, nothing is payable for that month.
Smart Retainer	Monthly guarantee. At the end of the month, if your gross commission Earnings in the Program for that month are below the guaranteed amount, the Brand pays the difference.	The difference (top-up).

For organic views, you must keep the post live and public for the 7-day counting period. Only views counted while the post is live count.

8.2 Accrual

When an Earning arises we record the amount owed and fix the applicable split and fees based on the Program Details in force at that time. No funds move at accrual.

8.3 Rate Lock

Once you are participating in a Program, the Brand may increase your commission rate or retainer amount at any time. The increase applies to Earnings arising after the change. The Brand may not reduce them, and a change never affects Earnings already accrued. A Brand may create a new Program with different terms; you may review them in the Platform and decline to participate going forward.

8.4 Adjustments

An Earning you have accrued can be reduced only:

• where the order behind it is refunded or cancelled, in whole or in part, in which case the Earning is reversed or reduced in proportion;
• where the Brand edits the order in its store and the order value falls, in which case the Earning is reduced in proportion;
• on confirmed fraud or order manipulation, including self-purchasing and coupon or link abuse;
• on a chargeback against the underlying order, but only where chargebacks are expressly stated as an adjustment event in the Program Details; or
• where we correct a figure recorded in error, in which case we will notify you and the Brand and explain the correction.

Adjustments may only be applied against Earnings that have not yet been transferred to you. Once an Earning has been transferred, we will not recover it from you. A later refund, chargeback or dispute on the Brand's charge is absorbed by Attribyte.

8.5 Fees

A creator-side platform fee of 10% of the gross Earning is deducted from every Earning before it is transferred to you, except Earnings from a Standard Retainer, a Smart Retainer, a Bonus or a Submission Bonus, on which no creator-side fee is deducted. Fees are never stacked: each Earning is charged once, on one base. Different rates may apply if the Platform displays them for your account or the Program Details specify otherwise. We may modify fees with at least 30 days' notice; changes are prospective and do not affect Earnings already accrued.

8.6 Taxes

You are responsible for all taxes on what you earn, including income tax, social security contributions and any VAT, GST or sales tax that applies to you, and for the filings and documentation the law requires. We may issue required tax forms and may require accurate tax identification information as a condition of payout.

9. Payouts

9.1 Who Pays You

Attribyte, through its payment processor, pays you. A Brand never pays you directly and never receives your bank details. We act as merchant of record on the Brand charge for the limited purpose of processing platform fees and paying you; this does not make us a party to your agreement with the Brand. Attribyte is not a bank or money transmitter.

9.2 When an Earning Becomes Available

We create one transfer per Earning to your connected account, equal to your net Earning, funded by the specific Brand charge that produced it. Because Brands are charged on a billing cycle rather than at the moment an Earning arises, an Earning becomes available after the corresponding Brand charge succeeds.

An Earning whose Brand charge has not succeeded stays outstanding in your account. Attribyte will try to collect it from the Brand and pays it out when collected. Attribyte does not guarantee payment of amounts it has not collected from the Brand.

9.3 Account Activation

No transfer can be made until your connected account has been activated for transfers by our payment processor. Withdrawals remain blocked while the processor reports outstanding verification requirements.

9.4 Withdrawal and Schedule

Manual withdrawal is the default. You may instead select a daily, weekly or monthly payout schedule as offered in the Platform. The amount available to withdraw is the live available balance on your connected account. A minimum withdrawal amount applies as displayed in the Platform.

9.5 Payout Statements

Once a payout is confirmed we generate a consolidated payout statement itemizing the Earnings included and the Brand each came from.

9.6 Payout Rail

Payouts are made only through the Platform's payment processor to your registered bank account. We do not pay out through any other rail.

9.7 Disputes

Any dispute regarding an Earning, an attribution determination or a fee calculation must be raised in writing within 30 days of the payout statement date, failing which it is deemed waived to the maximum extent permitted by law. We may withhold disputed amounts pending review.

10. Prohibited Conduct

You must not:

• manipulate attribution or Earnings, including through self-purchases, artificial clicks, cookie stuffing or forged Tracking Parameters;
• misrepresent your identity, age, qualifications or audience metrics;
• submit fraudulent, false, misleading, unlawful, harassing, defamatory or obscene content;
• reverse engineer, scrape or copy the Platform or build a competing product from it, except as allowed by mandatory law;
• interfere with the Platform or circumvent security or access controls;
• upload malware;
• harass other users; or
• use the Platform for spam.

11. Intellectual Property

Attribyte and its licensors own the Platform, including its software, designs, trademarks, documentation and know-how. Subject to these Creator Terms we grant you a limited, non-exclusive, non-transferable, revocable right to use the Platform to take part in Programs. Any right not expressly granted is reserved. If you provide feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them for any purpose.

12. Term and Termination

12.1 Term

These Creator Terms start when you create a creator account or first use the Platform and run until you or we end them.

12.2 Ending the Agreement

You may close your account at any time. Where you have Creator Content licensed under Section 5.6, closing your account counts as termination notice for that content and your account is closed at the end of the 30-day wind-down in that Section. We may suspend or terminate your account immediately, with or without notice, if you breach these Creator Terms, engage in fraudulent or illegal activity, or as required by law, and otherwise where reasonably needed to protect the Platform or other users. We may change, suspend or discontinue the Platform or any feature.

12.3 Effect of Termination

On termination:

• your access ends;
• your media card is taken down, subject to Section 2.3;
• Earnings accrued before termination remain payable to you and are paid out in the ordinary course, subject to Section 9.2, to our right to withhold amounts we reasonably suspect arise from fraud or attribution manipulation pending investigation, and to set-off against amounts you owe;
• a sale attributed to advertising that ran before termination still earns you a commission within the attribution window even where the sale lands afterwards;
• a Brand's license to your Creator Content under Section 5.6 ends at the end of the 30-day wind-down in that Section, after which the Brand must stop all use and remove or disable live advertisements;
• a Brand's license to your Creator Content under Section 5.5 continues for the rest of its Usage Period, and a perpetual license stays perpetual; and
• Sections 5, 6, 8.4, 9.2, 9.7, 11, 13, 14, 15 and 17 survive.

If a Brand leaves the Platform, its license to your Creator Content under Section 5.6 ends and the Brand must stop using the content and take down live advertising within 5 business days. Its license to Creator Content under Section 5.5 continues for the rest of the paid Usage Period, and a perpetual license stays perpetual.

13. Disclaimers and Limitation of Liability

13.1 Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY.

WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION; THAT ATTRIBUTION OR EARNINGS FIGURES WILL MATCH OTHER ANALYTICS TOOLS; OR ANY PARTICULAR LEVEL OF EARNINGS, OPPORTUNITIES OR PROGRAM INVITATIONS.

13.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ATTRIBYTE'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE CREATOR TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF THE PLATFORM FEES DEDUCTED FROM YOUR EARNINGS IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR ONE THOUSAND US DOLLARS.

ATTRIBYTE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA OR BUSINESS INTERRUPTION.

13.3 Exclusions

Nothing in these Creator Terms excludes or limits liability for fraud, gross negligence or willful misconduct, or any liability that cannot be excluded under applicable law. Some jurisdictions do not allow certain limitations; there our liability is limited to the maximum extent permitted by law.

13.4 Brands, Attribution Data and Beta Features

We are not responsible for the actions, content or conduct of Brands. Attribution data is produced under the methodology in Section 7 and you rely on it at your own risk.

Features made available on a beta, trial or preview basis are provided for evaluation only, without warranty, and may be modified or withdrawn at any time. Attribution data from a beta feature does not create an Earning unless the Platform expressly designates it as live.

14. Indemnification

You will indemnify, defend and hold harmless Attribyte and its officers, directors, employees, contractors and agents from claims, damages, losses and reasonable costs (including legal fees) arising from or relating to:

• the content you submit, including a claim that it infringes another party's intellectual property, privacy or publicity rights;
• your failure to disclose your commercial relationship with a Brand as Section 4.2 requires;
• a false, misleading or unsubstantiated claim in your content;
• your disputes with a Brand or other third party; or
• your breach of these Creator Terms or applicable law.

We will promptly notify you of any claim, let you control the defense and settlement and reasonably cooperate at your expense. You may not settle a claim in a way that admits our liability or imposes obligations on us without our written consent. We may take part in the defense at our own cost.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Creator Terms are governed by the laws of the State of California, United States, without regard to conflict of laws principles.

15.2 Informal Resolution

Before initiating formal proceedings, contact us at legal@attribyte.app. We will work in good faith to resolve the dispute within 30 days.

15.3 Arbitration

If informal resolution fails, to the extent permitted by applicable law, disputes shall be resolved by binding arbitration administered by JAMS in San Francisco, California, under JAMS' rules.

15.4 Class Action Waiver

Disputes shall be resolved on an individual basis and not as part of a class, consolidated or representative action.

15.5 Exceptions and Opt-Out

Either party may seek injunctive or equitable relief in court for matters relating to intellectual property, unauthorized access or confidentiality. You may opt out of arbitration by written notice to legal@attribyte.app within 30 days of first accepting these Creator Terms.

15.6 Mandatory Local Law

If you live in a jurisdiction whose mandatory law grants you rights that cannot be waived, including consumer protections or the right to bring proceedings before the courts where you live, nothing in these Creator Terms removes those rights, and Sections 15.3 and 15.4 apply only to the extent that law permits.

16. Disputes with Brands

We are not a party to disputes between you and a Brand. As a courtesy we may offer internal mediation: email legal@attribyte.app with a description of the dispute and supporting evidence; we review the submissions and Platform records and communicate a determination in writing to both parties.

Our determinations are final only as to Platform-level actions such as releasing or withholding payouts, suspending accounts or removing content. Mediation is not legal advice or arbitration, does not waive any party's legal rights and does not affect rights under applicable law.

17. Infringement Complaints

If you believe content on the Platform or advertising run through it infringes a copyright, trademark or other right you hold, email legal@attribyte.app with the subject line "Copyright Notice".

Your notice must include:

• what the content is and where you saw it;
• what right you hold and what work or mark it covers;
• your name, organization and contact details;
• a good-faith statement that the use is not authorized; and
• a statement, under penalty of perjury, that the information is accurate and that you are the rights holder or authorized to act.

We review complete notices and may remove or disable access to the content. If your content was removed and you believe that was a mistake, you may submit a counter-notice to the same address. We terminate the accounts of repeat infringers.

18. Changes to These Creator Terms

We may modify these Creator Terms from time to time. Material changes will be notified by email or by a prominent notice in the Platform and take effect no earlier than 30 days after notice, except where immediate changes are required for legal, security or fraud-prevention reasons. Changes apply prospectively and do not affect Earnings already accrued.

Continued use after the effective date is acceptance. If you do not agree, stop using the Platform and close your account.

19. General

19.1 Entire Agreement

These Creator Terms and the applicable Program Details are the entire agreement between you and Attribyte about the Platform. Program terms sit between you and the Brand.

19.2 Severability and Waiver

If a provision is unenforceable it will be limited to the minimum extent necessary and the rest stays in force. Not enforcing a provision does not waive it.

19.3 Assignment

You may not assign these Creator Terms without our written consent. We may assign them freely.

19.4 Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, acts of war, government action, cyber incidents or infrastructure failures.

19.5 Notices

We may notify you by email to the address on your account or through the Platform. Send legal notices to legal@attribyte.app.

20. Support

Support is available at support@attribyte.app. Hours, response targets and what to include are on our Support page. Support is provided on a best-effort basis and nothing on that page changes Section 13.

21. Contact Us

Attribyte App Inc.
28 Geary St STE 650, #599
San Francisco, CA 94108
United States

Email: legal@attribyte.app