Draft: not in force
This document is a draft. It is not in force yet and may change before VYBE launches.
VYBE Brand Terms
Version 2026-11-22Effective November 22, 2026
Contents
Effective date: {{EFFECTIVE_DATE}}
These Brand Terms apply to you if you use VYBE as a Brand: a business based in the United States that runs Campaigns and hires Creators. They are part of the VYBE Terms of Service (the "Terms"). Capitalized words have the meaning given in the Terms. If these Brand Terms conflict with the Terms on a Brand matter, these Brand Terms prevail, except for Section 20 of the Terms (Dispute resolution).
Payments through VYBE are not yet available. Sections 5, 6, 7, 10.4, 11 and 13 apply from the Payments Start Date described in Section 8.0 of the Terms, which we will announce at least 30 days in advance. Until then, VYBE does not charge you: you pay the agreed Creator Fee to the Creator directly, on the terms you agree with the Creator, and VYBE is not responsible for that payment. Agree the brief, fee and deliverables here on VYBE so both sides have a record.
1. Your role
1.1 You are a business. You use VYBE only for your business. You confirm that you have authority to bind the business named in your account.
1.2 You contract with Creators directly. Each Collaboration is a contract between you and the Creator. VYBE is not a party to it (Terms, Section 5). Creators are independent businesses, not your employees or VYBE's.
1.3 You are the advertiser. For each Campaign, you are the advertiser responsible under advertising and consumer protection law for your products, claims and the content you commission (Section 9).
2. Campaigns
2.1 What a Campaign includes. A Campaign sets out your brand name, the brief, reference links, target country (the United States), platforms, categories, the Deliverables, the rate range and any other conditions you add.
2.2 Accurate briefs. Your brief must be accurate, complete and lawful. In particular:
- describe your products, services and any claims Creators may make truthfully;
- give Creators any substantiation they need for objective claims (for example, "lasts 24 hours");
- state all material conditions up front, including timing, required mentions, hashtags and what you will ask Creators to show or say;
- do not ask Creators to make claims you cannot support, or to state they are independent customers when they are being paid.
2.3 Prohibited and restricted Campaigns. You must not post a Campaign that breaks the Prohibited and Restricted Campaigns Policy. It lists categories that are banned (including alcohol) and restricted categories (for example, financial products and health claims) that you may publish only after VYBE has approved the Campaign in writing: email support@vybe-co.com before publishing. When you publish a Campaign, you confirm that it follows that Policy and Section 3. VYBE staff review recently published Campaigns and may reject, pause, unpublish or remove any Campaign; if we remove one, we tell you why.
2.4 Rate range. You set a minimum and maximum rate per Creator. Creators propose a price within that range. [DRAFT — counsel] Under the Fees v2 schedule a Creator Fee must be at least US$25, and the minimum of your rate range must be at least US$25. You may not use the rate range or a brief to pressure Creators into work outside the agreed Deliverables.
2.5 Business details. Before you publish your first Campaign, you must give us your business's legal name, the name of the account holder and your US business address. We use them to keep records and for sanctions screening (Terms, Section 15), and we may give your legal business name and business address to a Creator you hire who asks for them for their contract records (freelancer laws such as New York's Freelance Isn't Free Act and California's SB 988 place written-contract duties on you as the hiring party). Keep them up to date. [DRAFT — counsel] The Collaboration Summary may include the Creator's mailing address for contracts. You may use it only for your contract records and for legal notices about that Collaboration, never to visit the Creator or to send anything not agreed in the Collaboration. [DRAFT — counsel] VYBE pays the Creator on your behalf, as the Creator's payment collection agent, by the payment date stated in the Creator Terms. You must not ask VYBE to delay a payout except by opening a dispute within the review window.
2.6 [DRAFT — counsel] Product Campaigns. If your Campaign ships a product to Creators:
- (a) you must describe the product truthfully, declare its usual retail price in US dollars (from US$1 to US$500 per Collaboration; VYBE may refuse an acceptance that takes the products you send one Creator in a calendar year to US$2,000 or more), and give the full ingredient and allergen list for cosmetics, skincare, food and supplements;
- (b) you confirm, each time you publish, the statements VYBE shows, including that the product is lawful, not recalled or counterfeit, meets all US safety, labelling and registration rules (including CPSC, and FDA rules such as the Modernization of Cosmetics Regulation Act), and is not on the do-not-ship list in the Prohibited and Restricted Campaigns Policy, section 4.7;
- (c) you ship one unit (or the kit described, in the option the Creator chose) to each accepted Creator only after you accept them, at your cost, within the ship-by time you set for the Campaign (2 to 10 business days, counted from when you accept the Creator and your payment is secured), and add a valid carrier tracking number. You are the shipper and must follow the carrier's rules, including hazardous-materials rules;
- (d) you bear all risk of loss, theft or damage until the Creator receives the package (not merely until the carrier shows it delivered);
- (e) the Creator keeps the product as part of their compensation, including if the Collaboration later ends; you may not ask for it back through VYBE. You must not ship before acceptance or send anything not described in the Campaign; items you send anyway are the Creator's to keep, and you may not bill for them (39 U.S.C. § 3009);
- (f) you must not make the product, the fee or anything else depend on the Creator expressing a positive opinion, or ask for a review on any store, marketplace or review site (16 C.F.R. Part 465);
- (g) you are responsible for any sales or use tax on products you give away and for any information reporting their value requires. VYBE does not report product value;
- (h) if you learn of a recall, safety issue or serious adverse event involving the product, you must tell affected Creators through the Platform within 2 business days and handle it as the law requires.
3. Choosing Creators fairly
3.1 No discrimination. You must not select, reject, rank or pay Creators differently on the basis of race, color, ethnicity, national origin, ancestry, religion, sex, gender identity or expression, sexual orientation, pregnancy, disability, age (40 or over), genetic information, marital status, veteran status or any other characteristic protected by applicable law.
3.2 Legitimate campaign needs. You may set criteria tied to the content itself, such as the language the content is in, the Creator's niche, the audience's country, the platform, or the look and setting of the content. Where a Campaign genuinely requires a person with a particular characteristic to portray a role (for example, a product made for a specific group), state the requirement and the reason in the brief, and keep it no broader than necessary. You confirm this when you publish a Campaign, and we record the version of the policy you confirmed and the time.
3.3 Reporting. Creators and others can report discriminatory Campaigns to safety@vybe-co.com. VYBE may remove the Campaign and suspend your account.
4. Forming a Collaboration
4.1 Acceptance forms the contract. A Collaboration is formed when you accept a Creator's application or proposal on the Platform and confirm the Creator's fee and the Campaign terms. From that moment you and the Creator are bound by:
- the Campaign brief as it stood when you accepted;
- the agreed Creator Fee and Deliverables;
- any Usage Rights the Creator later grants (Section 12);
- these Brand Terms and the Creator Terms.
4.2 Changes after acceptance. Changes to the brief, Deliverables or price after acceptance bind the Creator only if the Creator agrees on the Platform.
5. Charges and fees
[DRAFT — counsel] Fees v2 (pricing schedule v2_2026_11). Replaces the single fee of earlier versions (called the Service Fee there). Collaborations that come from an application, proposal or invitation made before the Fees v2 effective date keep the fees recorded when they were formed.
5.1 What you are charged. When you accept a Creator, VYBE charges you:
- (a) the Creator Fee agreed with that Creator;
- (b) if you joined VYBE through an Ambassador's link or code and, when you accept the Creator, the referral qualifies under the Ambassador Program rules (for example, the Collaboration is accepted within that Ambassador's 12-month commission window and the Ambassador is not the Creator), a Referral Fee of 1% of the Creator Fee (Section 5.4);
- (c) the Administrative Fee, VYBE's charge for providing the Platform, equal to 20% of (a) plus (b);
- (d) a Payment Processing Fee that covers VYBE's cost of accepting your payment. It is the smallest amount that, after a processing cost of 2.9% of the total plus US$0.30, leaves VYBE (a) plus (b) plus (c). It is charged on every Collaboration and is calculated from Stripe's standard US card rate whatever payment method you use, so it does not change with the card or bank account you choose and may be more or less than VYBE's actual cost for your payment. It is not a charge for choosing to pay by card; and
- (e) no sales tax or similar tax: VYBE's prices and fees do not include tax, and VYBE does not add tax to its fees today. If the law comes to require it, VYBE will tell you in advance and show the tax as its own line before you confirm.
Each amount is rounded to the nearest cent. The exact amount of each fee and the total are shown in US dollars before you confirm, and your authorization in Section 7.2 is limited to that total. How the Payment Processing Fee is shown. The Payment Processing Fee is shown as its own line when VYBE offers payment by bank debit; otherwise it is shown within the Administrative Fee line, which then includes VYBE's payment processing costs calculated as in (d). The amounts and the total are the same either way, the screen before you confirm tells you which applies, and that part of the Administrative Fee is treated as the Payment Processing Fee under Section 11.5 (it is not refunded). The way it was shown is recorded with the Collaboration.
5.2 The Creator Fee is the Creator's money. VYBE receives the Creator Fee as the Creator's payment agent (Section 6). The Referral Fee, the Administrative Fee and the Payment Processing Fee are VYBE's own fees.
5.3 Fee changes. VYBE may change its fees with at least 30 days' notice and will ask you to accept the change. The fees shown when you accept a Creator apply to that Collaboration and are recorded with it; they are never recalculated later.
5.4 Referral relationships. If you join through an Ambassador, we tell you when you sign up and show the Referral Fee as its own line before you accept each Creator. The Referral Fee funds the Ambassador's commission. If the commission is later not payable (for example, because the Ambassador did not meet the program rules), VYBE keeps the Referral Fee as a referral-program fee; it is refunded only as described in Section 11.5. Whether the Referral Fee applies is decided when you accept each Creator, and the price shown then is final for that Collaboration.
6. Payment to VYBE is payment to the Creator
6.1 Each Creator has appointed VYBE as its limited agent to receive payment from you on its behalf. When VYBE receives your payment of a Creator Fee, your obligation to pay that Creator Fee to the Creator is fully satisfied. The Creator cannot ask you to pay that amount again, even if VYBE does not pay the Creator.
6.2 This applies to the payment as received. If your payment is later reversed by a chargeback or a refund you are not entitled to, you remain liable for the amount (Section 11).
6.3 Your payment is processed by Stripe and held in VYBE's Stripe platform balance until the Creator Fee is due to the Creator, when VYBE has Stripe transfer it to the Creator's Stripe account, or until it is refunded to you under these Brand Terms and the Payments and Refund Policy (published when payments go live). VYBE does not pay interest on amounts it holds.
7. Paying by card
7.1 Saving a card. You add your card on Stripe's secure page. VYBE keeps only the card's brand, last four digits, expiry date, country and a fingerprint Stripe provides. VYBE never sees the full card number.
7.2 [DRAFT — counsel] Your authorization. By saving a card or a bank account, you authorize VYBE to charge it, without asking you again each time, for the total shown under Section 5.1 each time you accept a Creator (each acceptance is a separate authorization for the total shown at that moment), and for any amount you owe under these Brand Terms. If your bank asks you to confirm a payment (for example, 3-D Secure), the payment waits until you confirm it on Stripe's page. Until payment is received, the Creator is not obliged to start work.
7.3 Statement. Charges appear as "VYBE" on your card statement.
7.4 Removing a card. You may remove your card at any time. This does not cancel payments already authorized for Collaborations you accepted.
8. Other payment methods
[DRAFT — counsel] VYBE accepts payment by card and, where VYBE offers it, by bank debit from a US bank account (ACH Direct Debit) set up on Stripe's secure page. When you add a bank account you authorize VYBE, through Stripe, to debit it for the total shown under Section 5.1 each time you accept a Creator (the mandate text Stripe shows applies). A bank debit takes a few business days to clear: until it does, the payment is pending and the Creator is not obliged to start work. If the debit fails or is returned, the Collaboration is treated as unpaid (Section 7.2). The Payment Processing Fee is the same for card and bank debit. You can revoke this authorization at any time by removing the bank account under Payments or by emailing support@vybe-co.com; revoking it does not cancel a debit for a Creator you have already accepted if Stripe has already sent it to your bank. VYBE keeps a record of each authorization (the mandate, the date and the amount).
9. Your duties as the advertiser
9.1 Disclosure. Every Deliverable is paid advertising. You must make sure each Deliverable clearly and conspicuously discloses the material connection between you and the Creator, as required by the FTC Act, the FTC's Endorsement Guides (16 C.F.R. Part 255) and similar state laws. Follow the Ad Disclosure Guidelines. In particular:
- the disclosure must be in the post itself (for example, "#ad" or "Paid partnership with [brand]" and the platform's paid-partnership tool), and for video, in the video;
- you must not ask a Creator to hide, shorten or remove a disclosure.
9.2 No deceptive claims. You must not ask a Creator to make any claim about your products that is false, misleading or unsubstantiated, or that you would not be allowed to make yourself. You are responsible for the claims you request or approve.
9.3 Monitoring. Before you approve a draft and when you verify a published Deliverable, you must check that the disclosure is present and the claims are accurate. VYBE asks you to confirm this in the checklist each time. If you find a problem after publication, ask the Creator to fix it through the Platform.
9.4 Reviews and testimonials. If you reuse Creator content, you must not present it as a review or testimonial from an independent customer, and you must not suppress, fabricate or buy reviews, in line with the FTC's rule on consumer reviews and testimonials (16 C.F.R. Part 465).
9.5 Other laws. You are responsible for complying with all other laws that apply to your products and ads, including rules on age-restricted products, health and financial claims, contests and giveaways, and the platforms' own branded-content rules.
10. Reviewing Deliverables
10.1 Draft review. The Creator submits a draft (a preview link and caption). You can approve it or request changes, giving clear reasons tied to the brief.
10.2 Revision limit. Each Collaboration includes up to {{MAX_REVISION_ROUNDS}} rounds of requested changes per Deliverable. A request counts as a round when you send it. Requests must stay within the original brief. When you reach the limit, the Platform no longer lets you request changes; you can still verify the Deliverable or, once payments are live, open a dispute. Further rounds, or changes that go beyond the brief, need the Creator's agreement and, if the Creator asks, an extra fee agreed in the Collaboration's messages. When the Creator agrees to another round, they give it in the app (up to 3 extra rounds per Deliverable) and you can then request changes once more.
10.3 Publication and verification. After you approve the draft, the Creator publishes the Deliverable and submits a link to the live post. You then verify it if it matches the approved draft and the brief and carries the required disclosure. You must not unreasonably withhold or delay verification.
10.4 Review window and automatic acceptance. After the Creator submits a draft or a live-post link, you have {{AUTO_RELEASE_DAYS}} days to do one of the following on the Platform:
- approve or verify it;
- request changes (within the revision limit); or
- open a dispute (Section 13).
If you do none of these within {{AUTO_RELEASE_DAYS}} days, the submission is treated as accepted, as if you had approved or verified it. When every Deliverable in a Collaboration has been verified or accepted, the Creator becomes entitled to payment. We send you reminders 3 days and 1 day before the window closes. Requesting changes or opening a dispute pauses the window; a new submission starts it again.
10.5 Approval is not a licence. Approving or verifying a Deliverable does not give you any right to download, reuse or repost it except as allowed in Section 12.1. Any further use requires Usage Rights.
11. Cancellations, refunds and chargebacks
11.1 Before you accept a Creator. You can edit, pause or cancel a Campaign at no charge. Nothing is charged until you accept a Creator.
11.2 After acceptance, before the Creator submits a draft. You may cancel a Collaboration. If you cancel within {{FREE_CANCEL_HOURS}} hours of acceptance, or if the Creator agrees, [DRAFT — counsel] you receive a full refund of the Creator Fee, the Referral Fee and the Administrative Fee (the Payment Processing Fee is not refunded, Section 11.5). Otherwise, the Creator may keep a cancellation fee of {{CANCELLATION_FEE_PERCENT}}% of the Creator Fee for time reserved, and the rest is refunded to you. To cancel, ask in the Collaboration's messages or email support@vybe-co.com; VYBE staff process the cancellation and refund through Stripe and tell both of you.
11.3 After a draft is submitted. You may cancel only with the Creator's agreement or through the dispute process (Section 13).
11.4 If the Creator does not deliver. If the Creator withdraws, does not submit a draft or live post by the agreed date (plus a grace period of {{CREATOR_GRACE_DAYS}} days after you remind them), or VYBE closes the Creator's account before delivery, you receive a full refund for the undelivered Deliverables, including the matching part of the Referral Fee and the Administrative Fee. [DRAFT — counsel]
11.5 [DRAFT — counsel] How refunds are paid. Refunds go back to the original payment method. When part of a Creator Fee is refunded, the same share of the Referral Fee and of the Administrative Fee is refunded with it. The Payment Processing Fee is not refunded, because the cost of accepting your payment is not returned to VYBE, unless the refund is made because of VYBE's own error (for example, a duplicate charge), in which case the whole payment is refunded. If you paid by bank debit (ACH), Stripe can return a bank debit only in full. So: (i) when everything refundable is refunded, VYBE returns the whole debit through Stripe, including the Payment Processing Fee; and (ii) a partial refund (for example, after a dispute is decided with a split) cannot be returned through Stripe, so VYBE staff pay it by bank transfer from VYBE's own account to a US bank account in your name — and only to the same bank account that funded the payment (if the payment was repaid after a bank return, the account that made the repayment). You enter the account's routing and account number once in a secure form in the app. VYBE sends them once to Stripe, its payment processor, to check that they belong to that same account (the same account, as Stripe identifies it, and the same account holder name); a match on the last digits alone is not enough. After 5 unsuccessful tries the form locks and VYBE support helps by another secure route; VYBE still never asks for the numbers by email, text or phone. VYBE pays within 5 business days after matching details are submitted. If the payment is later charged back or returned, or refunded in full, any credit not yet sent is cancelled, so the same amount is never refunded twice. VYBE never asks for a password or card number, and never asks for bank details by email, text or phone. For Collaborations that come from an application, proposal or invitation made before the Fees v2 effective date (for which you paid an Administrative Fee of 20% of the Creator Fee and no other fee (earlier versions of these terms called it the Service Fee)), a partial refund is taken from the Administrative Fee first, then from the Creator Fee. The Payments and Refund Policy (published when payments go live) has the details.
11.6 Chargebacks. If you have a problem with a charge, contact VYBE first at support@vybe-co.com and use the dispute process in Section 13. Filing a chargeback or payment dispute with your bank for a charge that was valid under these Brand Terms (for example, for a Collaboration you accepted where the Creator delivered) is a breach of these Brand Terms. If you do so:
- you remain liable for the total charged for the Collaboration; [DRAFT — counsel]
- you must reimburse VYBE for any dispute fees its payment processor charges;
- VYBE may submit evidence of the Collaboration, the Deliverables and your approvals to your bank;
- VYBE may suspend your account until the matter is resolved.
This does not limit your right to dispute a charge you did not authorize, or a charge that VYBE made in error.
11.7 [DRAFT — counsel] Shipping problems. The cancellation fee in Section 11.2 does not apply to a cancellation under this section.
- (a) You don't ship on time. If you have not added tracking by the ship-by date, the Creator may cancel without penalty, and the refundable amount is refunded to you under Section 11.5.
- (b) Missing address. If the Creator's shipping address is missing or cannot be used and the Creator does not fix it within 3 business days after being asked, you may cancel, and the refundable amount is refunded to you under Section 11.5.
- (c) Lost, damaged or wrong package. When the Creator reports a problem, you must answer within 2 business days by reshipping with a new tracking number (up to 3 shipments per Collaboration; the Creator's deadline restarts when they receive the new package) or by cancelling. If you do not answer in time, VYBE decides. If the Collaboration is cancelled, the refundable amount is refunded to you under Section 11.5.
- (d) Creator withdraws or doesn't deliver after receiving the product. Section 11.4 applies to the fees. The Creator keeps the product. VYBE does not pay for, insure or collect the value of any product, and does not deduct it from a Creator's earnings. Any claim for the product is between you and the Creator.
- (e) The Creator's content deadline runs from receipt: the moment the Creator confirms it in the app or, if they do not, the automatic receipt (3 days after the carrier or VYBE shows it delivered, 7 days after you mark it delivered; never automatic for a carrier VYBE cannot track). You may mark a package delivered no earlier than 24 hours after you add its tracking number. Section 11.4 does not apply before the product is received.
- (f) Once the Creator has shared work for the Collaboration (a draft, a revision or a live post), you can no longer cancel it through a shipping problem; VYBE decides. If you do not answer a problem within 2 business days, VYBE decides.
- (g) On any cancellation under this section, the refundable amount is refunded under Section 11.5, which means the Payment Processing Fee is not refunded.
12. Use of Creator content and Usage Rights
12.1 What you may do without Usage Rights. For each verified Deliverable, you may, during and after the Collaboration:
- view it and keep a link to it for your records;
- share or repost the Creator's original post using the social platform's own built-in sharing tools (for example, a story share, repost or "collab" post), so that it stays credited to and linked to the Creator's account.
You may not download, edit, re-upload, use it in advertising, on your website or in email, or use the Creator's name or likeness to promote your business, unless the Creator grants you Usage Rights under this Section.
12.2 Requesting Usage Rights. You may ask a Creator for Usage Rights on the Platform. Your request states the channels and the term. The Creator may accept or decline. A Creator who declines is not penalized in any way.
12.3 When the licence takes effect; usage fees. If the Creator accepts your request on the Platform, the Usage Rights licence in Section 12.4 takes effect when the Creator accepts, and the Term runs from that date. Any fee for Usage Rights is agreed between you and the Creator and paid by you directly to the Creator; VYBE does not take or hold usage fees. If you agreed a fee, you must pay it on the terms you agreed. Until the Creator accepts, you have no Usage Rights.
12.4 The Usage Rights licence. When it takes effect, the Creator grants you a non-exclusive, non-transferable, revocable only as stated below licence to use the Deliverable as follows.
(a) Channels. Only the channels you selected and the Creator accepted:
| Channel | What it covers |
|---|---|
| Organic social | Posting the Deliverable on your own brand social media accounts, without paid promotion. |
| Website | Showing it on websites and apps you own or control, including product pages. |
| Including it in email you send to your own customers and subscribers. | |
| Paid ads | Using it in paid advertising on social media and online ad platforms, including boosting it. Running ads from the Creator's own account ("whitelisting" or "spark ads") needs the Creator's separate authorization through the social platform, which the Creator may refuse or revoke. |
(b) Term. 1, 3, 6 or 12 months, as selected, starting on the date the licence takes effect.
(c) Territory. The United States, unless the Creator agrees to a wider territory on the Platform. Online use that can incidentally be seen elsewhere is permitted.
(d) Edits. You may crop, resize, trim, subtitle, translate, add your logo, call-to-action, captions and legally required text. You must not edit the Deliverable in a way that changes its meaning, misrepresents what the Creator said or did, or presents the Creator as endorsing a product or message they did not endorse.
(e) Name and likeness release. The Creator permits you to use their name, handle, image, likeness and voice as they appear in the Deliverable and to credit them, only together with the licensed Deliverable and only during the Term and in the licensed channels and territory. This does not allow use of the Creator's name or likeness on its own, on products or packaging, or to suggest a broader endorsement.
(f) No AI training and no digital replicas. You must not, and must not allow anyone else to:
- use the Deliverable, or the Creator's name, likeness or voice, to train, fine-tune or test any artificial intelligence or machine-learning model;
- create a digital replica, synthetic voice, "deepfake" or other AI-generated version of the Creator, or new content that imitates them,
unless the Creator gives separate, specific, written consent on the Platform that describes the intended use and the payment for it.
(g) Music and third-party material. Music, sounds or effects added from a social platform's in-app library are usually licensed only for organic use on that platform and cannot be used in paid ads or off-platform. Before using a Deliverable outside the platform it was published on, or in paid ads, you must remove or replace any such music, or obtain your own licence. The Creator must tell you on the Platform about any third-party material in the Deliverable that they did not create or license for your use. You are responsible for any licences needed beyond what the Creator provides.
(h) Sensitive uses. You must not use the Deliverable, or the Creator's name or likeness, in connection with political or issue advocacy, or with products or services other than those covered by the Campaign, without the Creator's written consent.
(i) Your agencies. You may let your advertising agency or service providers use the Deliverable on your behalf, under this licence, and you are responsible for them. You may not otherwise sublicense, sell or transfer the licence.
(j) Expiry. When the Term ends, you must stop all new uses and end all paid ads that use the Deliverable within 5 days. Organic social posts published during the Term may remain on your feed as archived posts, but may not be re-posted, pinned, promoted or boosted after the Term. Website and email uses must be removed within 30 days, except emails already sent.
(k) Ownership. The Creator keeps ownership of the Deliverable and all intellectual property in it. Nothing transfers ownership to you.
(l) Ending the licence early. The Creator may end the licence on written notice through the Platform only if you materially breach this Section 12 and do not fix the breach within 5 days after notice, or if you do not pay an agreed usage fee within 30 days after it is due. Otherwise the licence lasts for the full Term.
12.5 Extending or expanding. You may ask to extend the Term or add channels through a new Usage Rights request.
12.6 Records. VYBE keeps a record of each request and acceptance, the channels and Term, and the version of these Brand Terms in force when the Creator accepted. That record is evidence of the licence between you and the Creator. VYBE does not record or check payment of usage fees and is not a party to the licence.
12A. Video files for your own use [DRAFT — counsel]
12A.1 What it is. A Campaign may ask for a video file for your own use (for example your ads, website or social accounts) instead of a post on the Creator's account. The Campaign states where you may use the video and for how long (1, 3, 6 or 12 months) before anyone applies; the Creator accepts that use by applying.
12A.2 Review and delivery. The Creator uploads the file through the Platform. While you review it you see a preview copy, which may be in a lower resolution and in standard dynamic range. You may approve it or ask for changes as for any draft (Section 10). When you approve it, the Deliverable is accepted, the Creator's payment is released under Section 6, and you may download the original file.
12A.3 The licence. On approval the Creator grants you a licence to use the video on the channels and for the term stated in the Campaign, on the terms of Section 12.4 (as if that use had been requested and accepted as Usage Rights), starting on the day you approve it. Any other use needs a new Usage Rights request.
12A.4 The original file. You receive the file as the Creator uploaded it, except that we remove location information from its metadata without changing the picture or sound. We keep the original for 60 days after you approve it and then delete it; we show you the date and remind you before it. Keep your own copy: after deletion we cannot restore it. Downloads are logged.
12A.5 Safety. We check uploaded files against known child-sexual-abuse imagery before you see them and report matches as the law requires. Report anything unlawful with the Report option.
13. Disputes with a Creator
13.1 Talk first. Try to resolve any issue with the Creator through Platform messages.
13.2 Opening a dispute. If you cannot agree, you may open a dispute on the Platform within the review window (Section 10.4), choosing a reason and explaining what is wrong by reference to the brief, the approved draft or the law. Opening a dispute pauses the review window and the Creator's payout. The Creator may also open a dispute, for example if you stop responding.
13.3 VYBE's resolution process. VYBE will:
- ask both sides for their account and evidence, which each side may add within 5 days;
- review the brief, the drafts, the live post, messages and approvals;
- decide, within {{DISPUTE_DECISION_DAYS}} business days of receiving both sides' evidence, how the held funds are to be handled: payment to the Creator in full, a full refund to you, or a split.
You and the Creator agree that VYBE will release or refund the held funds according to its decision. VYBE's decision is final for the purpose of releasing or refunding the held funds, but it does not decide any other legal claim you and the Creator may have against each other.
13.4 Standard of decision. VYBE decides on the basis of whether the Deliverable reasonably matches the brief as it stood at acceptance and any approved draft. Subjective preference, changes in your marketing plans or post performance (views, likes, sales) are not grounds for a refund.
14. Your other responsibilities
14.1 Accurate business information. Keep your business details (Section 2.5) and contact details accurate. VYBE may ask you to confirm them and may limit publishing until you do. VYBE does not otherwise verify businesses.
14.2 Respect Creators. Treat Creators professionally. Do not ask for work, rights or personal information beyond what the Collaboration needs. From the Payments Start Date, do not contact Creators outside the Platform to avoid the fees charged through VYBE (Terms, Section 14).
14.3 [DRAFT — counsel] Data you receive. You may use Creators' personal information only to run the Collaboration and the licensed uses, and you must protect it. A Creator's shipping address (and their phone number, if they gave one for the carrier) is shown to you only after you accept the Creator and your payment is secured, until the Collaboration is cancelled or 14 days after delivery or receipt, whichever is first (and never more than 45 days after you ship), and VYBE records each time you view it. You may use it only to mail the product described in that Collaboration (including a reship). You may share it only with your carrier and with shipping or fulfilment providers acting for you under confidentiality duties. You must not use it for marketing, add it to any list, sell or share it, combine it with other data, send anything else to it, or visit it. You must delete it from your systems (other than records your carrier keeps, or that the law requires you to keep) within 30 days after delivery or cancellation. You are responsible for any misuse by you or your providers. Misuse is a material breach and may lead to suspension under the Terms.
14.4 Indemnity. In addition to Section 19.4 of the Terms, you will indemnify the Creator and VYBE against third-party claims arising from your products (including bodily injury, illness, allergic reaction or property damage suffered by a Creator or anyone else from a product you sent, and any recall) [DRAFT — counsel], your claims, your briefs, your use of a Deliverable beyond the rights granted, or your breach of Sections 9 or 12.