VYBE Creator Terms

Effective date: {{EFFECTIVE_DATE}}

These Creator Terms are an agreement between you and {{COMPANY_LEGAL_NAME}}, a Delaware limited liability company ("VYBE", "we", "us"), {{COMPANY_POSTAL_ADDRESS}}. They apply when you use the VYBE Platform with a Creator account.

These Creator Terms are part of the VYBE Terms of Service. If the two conflict on a Creator topic, these Creator Terms control. The Terms of Service contain important terms that also apply to you, including individual arbitration, a class-action waiver and a 30-day opt-out, Delaware governing law, disclaimers and limits on liability.

Please also read: Privacy Policy, Payments and Refund Policy (published when payments go live), Electronic Communications Consent, Community Guidelines, Ad Disclosure Guidelines, Prohibited and Restricted Campaigns Policy, Copyright and DMCA Policy and Intimate Image Removal Policy.

Payments through VYBE are not yet available. Sections 5.2 (charging), 6.5, 6.6 and 11 to 15 apply from the Payments Start Date described in section 8.0 of the Terms of Service, which we will announce at least 30 days in advance. Until then, VYBE does not collect or pay out any money: the Brand pays you the agreed Creator Fee directly, on the terms you agree with the Brand, and VYBE is not responsible for that payment. Payout set-up with Stripe (including Stripe's identity and tax checks) is switched on only when payments go live. Agree the brief, fee and deliverables here on VYBE so both sides have a record.

1. Key terms

Capitalized words have the meaning given in the Terms of Service. The most important ones here:

• Platform: VYBE's website (vybe-co.com), apps and related services.
• Brand: a business that uses VYBE to run Campaigns.
• Creator or you: a person with a Creator account.
• Campaign: a Brand's brief describing the content it wants, the platforms, rate range and Deliverables.
• Collaboration: the agreement between one Brand and one Creator for one Campaign, formed on the Platform as described in section 5.
• Deliverable: a piece of content you agree to create and post in a Collaboration (for example, an Instagram Reel, Instagram post, Instagram Story, TikTok video or YouTube Short).
• Content: anything you create, upload, link to or post through the Platform, including Deliverables, captions, previews and messages.
• Creator Fee: the amount you and the Brand agree for a Collaboration.
• [DRAFT — counsel] Service & Processing Fee: the fee VYBE deducts from your Creator Fee before paying you (section 11.5). The Brand separately pays VYBE's Brand fees on top of the Creator Fee; they never reduce what you receive. For Collaborations that come from an application, proposal or invitation made before the Fees v2 effective date there is no Service & Processing Fee.
• Usage Rights: any extra permission you give a Brand to reuse a Deliverable beyond your own post, as recorded in the Collaboration.

2. Who can be a Creator

2.1 Age. You must be at least 18 years old. We ask for your date of birth before you create an account and keep only a record that you are 18 or over. [DRAFT — counsel] Once payments are live, Stripe checks your identity, including your date of birth, when you set up your Stripe account; VYBE does not receive your date of birth from Stripe, but if your Stripe account lists a parent or legal guardian, we treat the account as belonging to someone under 18. If we learn that a user is under 18, we lock the account and delete it, and its data except what the law requires us to keep, within 24 hours.

2.2 One person, one account. A Creator account belongs to one real person. You may not share it, sell it or run accounts for other people. We may link accounts that belong to the same person (see section 3) and close duplicates.

2.3 Creator and Brand accounts are separate. The account type you choose at signup is permanent. If you also want to run Campaigns as a business, you need a separate Brand account.

2.4 United States only. You may only be a Creator if you live in the United States. You may not use VYBE if you are located in, or ordinarily resident in, a country or region subject to comprehensive US sanctions (see section 17).

2.5 Business capacity. You use VYBE as an independent business (a sole proprietor or a company you control), not as a consumer buying services for personal use.

2.6 Your legal name. When you set up your Creator profile, you give us your legal first and last name. We use it for our records and for sanctions screening (section 17). It is not shown on your public profile.

3. Identity and country verification

3.1 [DRAFT — counsel] Identity verification by Stripe. Before you can be paid, Stripe verifies your identity when you set up your Stripe account. Stripe collects your ID details on its own pages under the Stripe Connected Account Agreement and the Stripe Privacy Policy. VYBE receives only whether verification is complete, what Stripe still needs, and the verified name and country on the account. VYBE does not receive or keep your ID document or any image of it.

3.2 [DRAFT — counsel] What we do with the result. We store your Stripe account's verification status and country. To tell when two accounts belong to the same person, we keep a keyed code (a "hash") of the bank account fingerprint Stripe gives us for your payout account, and we compare the verified name on your Stripe account with your legal name on VYBE. A shared bank account or a name that doesn't match is reviewed by our staff; it is not blocked automatically. If you completed a VYBE ID check before the Fees v2 effective date, the records described in the Identity Verification and Biometric Data Notice are kept and deleted on its schedule.

3.3 Country checks. Your declared country (the United States) and, once payments are live, the country of your Stripe account must match. We also note the country your internet connection comes from (based on your IP address) when you sign up and when you use the Platform. If your connection country differs from your declared country, payouts are paused until our staff review it. We may ask you for an explanation or more evidence. Anonymizing networks (such as Tor) are treated as "no country."

3.4 Accurate information. You must keep your profile, country, tax and payout details accurate and up to date. Giving false information is a serious breach of these terms.

4. You are an independent business

4.1 No employment. You are an independent business. You are not an employee, worker, agent (except for the limited payment agency in section 11), partner or joint venturer of VYBE or of any Brand. Nothing in these terms or on the Platform creates an employment relationship. You are not entitled to wages, overtime, benefits, expense reimbursement, workers' compensation or unemployment insurance from VYBE.

4.2 VYBE does not control how you work. VYBE is a marketplace that connects Brands and Creators. VYBE does not:

• set your rates;
• tell you which Campaigns to apply for or accept;
• set your working hours, location or schedule;
• direct how you create content, what equipment you use or who helps you;
• require you to work a minimum amount or be available at any time;
• train you or evaluate you as an employee.

A Brand's brief describes the result the Brand wants (for example, the product, the platform and key messages). You decide how to achieve it.

4.3 You set your price and choose your work. Each Campaign shows the Brand's rate range. You decide whether to apply and what rate to propose within that range, or you can simply not apply. You may decline any invitation and withdraw any application before it is accepted. You will never be penalized, ranked lower or removed for declining work.

4.4 You can work for anyone. You may work for any other business or platform at any time, including VYBE's competitors and Brands' competitors. VYBE has no exclusivity or non-compete rules. VYBE does not support exclusivity in Collaborations: a Brand may not make a Collaboration conditional on you not working with its competitors.

4.5 Your own tools and costs. You provide your own equipment, software, props, assistants and social media accounts, and you pay your own costs unless the Collaboration says the Brand will mail you a product (section 6.7) or reimburse a cost. [DRAFT — counsel]

4.6 Your own taxes and registrations. You are responsible for your own taxes, social security contributions, business registrations, licences and insurance (see section 15).

5. Applications and Collaborations

5.1 Applying. When you apply to a Campaign, you propose a rate within the Brand's range and may add a note. [DRAFT — counsel] Under the Fees v2 schedule a rate must be at least US$25. A Brand may also invite you. An application or invitation is not a contract.

5.2 Forming a Collaboration. A Collaboration is formed when the Brand accepts your application (including an application you send in answer to a Brand's invitation) and confirms your Creator Fee and the Campaign terms on the Platform. From the Payments Start Date, the Brand is charged at that moment for your Creator Fee plus VYBE's Brand fees. [DRAFT — counsel] The Creator Fee, the Service & Processing Fee and what you will receive are shown before you apply and are recorded in the Collaboration when it is formed.

5.3 The Collaboration is your written contract with the Brand. The Collaboration is a contract between you and the Brand. VYBE is not a party to it, except, from the Payments Start Date, for VYBE's role as your payment collection agent (section 11). The Platform keeps a written record of each Collaboration (the Collaboration Summary), fixed at the moment the Brand accepts you, that you can view and download as a PDF in the app at any time. It shows:

• (a) the brand name the Brand uses, the Campaign brief as it stood at acceptance and the Deliverables (type, platform and quantity) and any other services;
• (b) the Creator Fee agreed, in US dollars, as a fixed fee per Collaboration;
• (c) the submission and review steps in section 6;
• (d) any Usage Rights you granted (section 9);
• (e) [DRAFT — counsel] for a Collaboration that ships a product, the product (its name, link, the option you chose and the retail value the Brand declared) and the rule that your content is due a set number of days after you receive it (section 6.8).

It also shows the Brand's legal business name and US business address, your legal name, and [DRAFT — counsel] the mailing address for contracts you chose in the app, if you gave one, together with a fingerprint (SHA-256) that lets either of you show the record has not been changed. You need to give one before you apply for a Collaboration that, together with your other Collaborations with the same Brand in the previous 120 days, comes to US$250 or more. It can be a PO box, a mailbox service or a business address. VYBE never puts your home address or your shipping address in this record. [DRAFT — counsel] It never shows the shipping address you give for a product (section 6.7). Freelancer laws such as the New York State Freelance Isn't Free Act and California's Freelance Worker Protection Act place written-contract duties on the hiring party (the Brand); this record helps both of you meet them. From the Payments Start Date, payment is made by VYBE as your payment collection agent, through a transfer to your Stripe account (section 13). [DRAFT — counsel] Once your Creator Fee is payable (section 12.1), VYBE, as your payment collection agent, sends it to your Stripe account, and Stripe pays it to your bank on your Stripe account's weekly payout schedule. VYBE sends it no later than 30 days after you submit the last Deliverable, unless a payout hold in section 12.2 applies. VYBE keeps these records for at least 6 years.

5.4 Changes to a Collaboration. Changes to Deliverables, fee, dates or Usage Rights must be agreed by both you and the Brand on the Platform. Agreements made outside the Platform are not protected by VYBE.

5.5 Withdrawing. If you cannot complete a Collaboration, tell the Brand through the Platform as soon as possible. Withdrawing after acceptance, or repeated failure to deliver, may lead to the Brand receiving a refund (and you receiving no Creator Fee for that Collaboration) and may lead to action under section 18.

6. Deliverables and posting

6.1 Draft (preview). If the Collaboration asks for a draft, you submit a link to a private preview and the caption you plan to post, including the ad disclosure. VYBE does not host your media files today; you share links. The Brand may approve the draft or request reasonable changes within the scope of the brief.

6.2 Posting on your own account. You post each Deliverable on your own social media account named in the Collaboration, within the agreed posting window. You keep control of your account. You must follow the rules of the social platform you post on.

6.3 Proof of posting. After posting, you submit the live post's URL (and a screenshot if asked). Keep the post live for the period stated in the Collaboration (if none is stated, at least {{MIN_LIVE_DAYS}} days). Do not delete, edit the disclosure out of, or archive the post during that period.

6.4 Verification. The Brand checks that each posted Deliverable matches the brief and any approved draft and is properly labelled as an ad. Brands must not unreasonably withhold or delay verification. Each Collaboration includes up to {{MAX_REVISION_ROUNDS}} rounds of requested changes per Deliverable within the original brief; further rounds or changes beyond the brief need your agreement and, if you ask, an extra fee agreed in the Collaboration's messages (Brand Terms section 10.2). If you agree to another round, you give it in the app.

6.5 Review window and automatic acceptance. After you submit a draft or a live-post link, the Brand has {{AUTO_RELEASE_DAYS}} days to approve or verify it, request changes, or open a dispute. If the Brand does none of these in that time, the submission is automatically accepted, as if the Brand had approved or verified it (Brand Terms section 10.4). When every Deliverable in the Collaboration has been verified or automatically accepted, you become entitled to your Creator Fee. The review window starts when payments go live.

6.6 Disputes with a Brand. Try to resolve issues in the Collaboration's messages first. From the Payments Start Date, a Brand can open a dispute within the review window; you can open one after any submission, or if the Brand stops responding. VYBE then pauses the payout, asks both of you for your account and evidence (which each of you may add within 5 days), reviews the brief, drafts, live post, messages and approvals, and decides within {{DISPUTE_DECISION_DAYS}} business days of receiving both sides' evidence whether the held Creator Fee goes to you in full, back to the Brand, or is split, and tells you both why (Brand Terms section 13; Payments and Refund Policy section 8). VYBE decides on whether the Deliverable reasonably matches the brief as it stood at acceptance and any approved draft. A Brand's change of plans, subjective preference or post performance (views, likes, sales) are not grounds for a refund. VYBE's decision is final for the held money only; it does not stop you or the Brand from pursuing other legal claims against each other.

6.7 [DRAFT — counsel] Products sent to you. If a Campaign says a product will be shipped, you see the product, its link and the retail value the Brand declares before you apply. By ticking the box when you apply, you direct VYBE to give the shipping address you chose (and the phone number, if you add one for the carrier) to that Brand if, and only if, it accepts you and its payment is secured. Before that, the Brand sees only your state. The address can be any address in the 50 US states or DC where you can safely receive packages (military and territory addresses are not supported; a PO box works only with USPS). The product is part of your compensation and you keep it (section 6.9).

6.8 [DRAFT — counsel] Shipping and your deadline. The Brand must ship within the ship-by time shown in the Campaign (2 to 10 business days after it accepts you and its payment is secured) and add a carrier tracking number. Your content deadline starts when you receive the package: at the moment you confirm in the app that you got it or, if you have not confirmed or reported a problem, automatically 3 days after the carrier shows it delivered (7 days after the Brand marks it delivered; never automatically for a carrier VYBE cannot track, where you or VYBE confirm). It never starts earlier than that, whatever date the carrier shows. You are never late because the Brand shipped late. If the Brand has not shipped by the ship-by date, you may cancel the Collaboration in the app without any penalty. If the package does not arrive, or arrives damaged or not as described, report it in the app within the time the app shows: up to 7 days after it is shown as delivered if it never reached you (even if it was already marked received automatically; your deadline then stops until the problem is solved), and 3 days after you receive it for a damaged or wrong item. The Brand then has 2 business days to reship (up to 3 shipments in all; your deadline restarts when you receive the new package) or cancel; if it does not answer, VYBE decides. If the Collaboration is cancelled for a shipping reason, you owe nothing and no cancellation fee is charged to either of you (the Brand does not get back the payment processing fee, Brand Terms section 11.5). Once you have shared work for the Collaboration, the Brand cannot cancel it through a shipping problem; VYBE decides instead. The Brand bears the risk of loss or damage until you receive the package.

6.9 [DRAFT — counsel] You keep the product. You keep the product even if the Collaboration later ends, including if you withdraw or do not deliver (section 5.5 and Brand Terms section 11.4 then apply to the Creator Fee). VYBE does not ask for products back. You will never owe VYBE money for a product, and VYBE will not deduct a product's value from your earnings. Any claim about the product is between you and the Brand. You may have at most 3 product Collaborations open at a time (not yet received, or received and not yet completed). Repeatedly receiving products and not delivering may lead to action under section 18, but only after VYBE staff review and record a finding that you were at fault.

6.10 [DRAFT — counsel] Product safety. Read the label and warnings before using any product. If a product injures you, causes a reaction or is recalled, stop using it and report it in the app. We will tell the Brand. The Brand, not VYBE, is responsible for the product (Brand Terms section 14.4).

7. Advertising disclosure

7.1 Every paid post must be disclosed. A Collaboration is a paid relationship (and free products count as payment too). [DRAFT — counsel] If you were paid and received a product, your disclosure must say the post is paid or an ad. Saying only that the product was "gifted" or "free" is not enough. In every Deliverable you must clearly and conspicuously disclose your relationship with the Brand, as described in the Ad Disclosure Guidelines. In short:

• use the platform's paid-partnership label where available and a clear word like "#ad" or "Paid partnership with [Brand]";
• place it where people will see it without clicking "more" — at the start of the caption, and in the video or image itself for Reels, Stories and short videos;
• never hide it among many hashtags, and never use vague tags like "#sp", "#collab" or "#thanks" alone.

7.2 Honest content. Only say things you honestly believe, based on your real experience with the product. Do not make claims the Brand cannot prove (for example health, earnings or "best in market" claims). If a Brand asks you to say something you believe is untrue or misleading, decline and report it to support@vybe-co.com.

7.3 No fake engagement. You must not buy, sell or use fake followers, views, likes, comments or bots, or misstate your audience numbers. Audience figures on VYBE are self-reported until platforms are connected; Brands rely on them, so they must be true.

7.4 Enforcement. Brands confirm disclosure when they approve and verify. VYBE may also review a sample of live posts by hand. If a Deliverable is not properly disclosed, you must fix it promptly when asked. Failure to disclose can lead to the Deliverable not being verified and action under section 18.

8. Originality and rights clearance

8.1 Your work, your rights. Each Deliverable must be your original work, or work you have every right needed to use in the way the Collaboration requires.

8.2 Music and sound. Music from Instagram's, TikTok's or YouTube's in-app libraries is usually licensed for organic posts only, and usually cannot be used in paid ads or on a Brand's website. If the Collaboration includes Usage Rights for paid ads, website or email, use only music you have the right to use for those purposes (for example, royalty-free music licensed for commercial use) or no music.

8.3 Other people. If any identifiable person other than you appears in a Deliverable, you must have their permission (a written release) to use their name, image, voice and likeness for the purposes in the Collaboration, including any Usage Rights. No one under 18 may appear in a Deliverable (this is the same rule as in the Prohibited and Restricted Campaigns Policy). Keep these releases and give a copy to VYBE or the Brand on request.

8.4 Trademarks, art and places. Do not feature third-party brands, logos, artwork or copyrighted material (other than the Brand's own) in a way that suggests endorsement or that needs a licence you don't have. Follow the rules of any private location where you film.

8.5 Your promise. You promise that your Content does not infringe anyone's copyright, trademark, privacy, publicity or other rights, and does not break the law or the Community Guidelines. The Copyright and DMCA Policy explains how we handle infringement claims, including our repeat-infringer policy.

9. Ownership and Usage Rights

9.1 You own your Content. Unless a Collaboration expressly says otherwise in writing, you keep ownership of the copyright in your Content.

9.2 What the Brand gets by default. Approving or verifying a Deliverable does not give the Brand any right to reuse it. Without Usage Rights, the Brand may only view, share (for example, by linking to or using the social platform's own native share or repost features where the platform allows) and engage with your post on your account.

9.3 Usage Rights only as agreed. A Brand may ask for Usage Rights on the Platform. A request states the channels (organic social on the Brand's own accounts, website, email, and/or paid ads) and the term (1, 3, 6 or 12 months). The licence terms are linked from the request. You may accept or decline; declining does not affect the Collaboration or its Creator Fee, and you will not be penalized in any way. If you accept, you grant the Brand the Usage Rights licence described in Brand Terms section 12.4, for those channels, the United States (unless you agree to more) and that term only. The licence is non-exclusive, and you keep ownership. It includes permission to use your name, handle, image, likeness and voice as they appear in the Deliverable, only together with it. Running ads from your own social account ("whitelisting" or "spark ads") needs your separate authorization through the social platform, which you may refuse or revoke.

9.4 When the licence starts, and usage fees. The licence takes effect when you accept the request in the app, and the term (1, 3, 6 or 12 months) runs from that date. Any fee for Usage Rights is agreed between you and the Brand and paid by the Brand directly to you; VYBE does not collect or hold usage fees and is not your agent for them. VYBE records the request, your acceptance, the channels, the term and the version of the Brand Terms in force when you accepted. When the term ends, the Brand must stop new uses as set out in Brand Terms section 12.4(j). You may end the licence early only if the Brand materially breaches it and does not fix the breach within 5 days after notice, or does not pay an agreed usage fee within 30 days after it is due.

9.5 No AI training or digital replicas without separate consent. Neither VYBE nor any Brand may use your Content, voice or likeness to train artificial-intelligence or machine-learning models, or to create a digital replica, synthetic voice or AI-generated version of you, unless you give separate, express, written consent that specifically describes that use. A Usage Rights grant is not that consent.

9.6 Licences to VYBE. The licences you give VYBE over your Content are set out in Terms of Service section 11: a licence to operate the Platform (for example, showing your profile to signed-in users and in the Brand directory if you have chosen to be discoverable, delivering your Content to the Brand, and keeping records of Collaborations and disputes), and, only if you agree when we ask you by email, a limited licence to feature your public profile in VYBE's own marketing (Terms of Service section 11.3) and, asked separately for each one, a licence to show a specific published Deliverable in full on VYBE's website, app store listings and social media accounts (Terms of Service section 11.3A). The second never covers paid ads, never changes what the Deliverable says, and needs the Brand's agreement too when their business appears in it. You can say no without any effect on your account, and you can withdraw a yes by email at any time. None of these licences allows AI training or digital replicas (section 9.5).

9.7 Video files for a Brand's own use [DRAFT — counsel]. Some Campaigns ask for a video file instead of a post. You upload the file through the Platform; the Brand reviews a preview and can download your original file only after approving it. By applying to such a Campaign you agree that, when the Brand approves your file, you grant the Brand the licence described in the Campaign (the channels and term it states, on the terms of Brand Terms section 12.4). We remove location information from the copy the Brand receives, without changing the picture or sound. We keep the original for 60 days after approval (14 days for versions the Brand did not approve) and then delete it. We check uploads against known child-sexual-abuse imagery and report matches as the law requires.

10. Messages

Messages with Brands are tied to a Campaign. You cannot edit or delete them after sending, and they are kept as a record of the Collaboration. VYBE may remove messages that break the law or our policies. VYBE automatically scans messages for contact details, payment details and signs of fraud and abuse; a notice in every conversation says so. Flagged messages are still delivered, and flagged or reported messages may be read by VYBE staff. By using messaging you consent to this scanning. You can report or block a Brand from the conversation. Details are in the Privacy Policy and Community Guidelines.

11. VYBE is your limited payment collection agent

11.0 Start date. This section 11 applies from the Payments Start Date.

11.1 Appointment. You appoint VYBE as your limited agent for the sole purpose of receiving payments from Brands on your behalf for your Collaborations, holding them until they become payable to you, and paying them out to you. VYBE accepts this appointment.

11.2 Payment to VYBE is payment to you. When a Brand pays VYBE the Creator Fee for a Collaboration, the Brand's obligation to pay you that Creator Fee is fully satisfied, whether or not VYBE has yet paid you. After that, you may only look to VYBE (not the Brand) for that payment. If VYBE fails to pay you an amount that has become payable under these terms, your claim is against VYBE.

11.3 How we describe this. VYBE presents itself to Brands as accepting payment on your behalf. The Brand's card statement shows VYBE.

11.4 Limits of the agency. VYBE acts only as your limited payment collection agent. VYBE is not a bank and does not offer deposit or savings accounts. Brand payments are processed by Stripe and held in VYBE's Stripe platform balance, recorded in VYBE's books against each Collaboration, and are not used for VYBE's own expenses; amounts held do not earn interest. VYBE's agency is limited to collecting, holding and releasing Creator Fees; VYBE does not otherwise act for you, negotiate for you or guarantee a Brand's performance.

11.5 [DRAFT — counsel] Service & Processing Fee. You authorize VYBE, as your payment collection agent, to deduct from each Creator Fee before paying it to you a Service & Processing Fee equal to 10% of the Creator Fee (for the Platform) plus 0.25% of the Creator Fee and US$0.25 (towards payout costs), calculated once and rounded to the nearest cent. For example, on a US$100.00 Creator Fee the fee is US$10.50 and you receive US$89.50. This is a fee set by VYBE; it is not a pass-through of any one provider's charge. The fee and the amount you will receive are shown before you apply and before you accept, and are recorded in the Collaboration. If part of a Creator Fee is refunded, the fee is recalculated on what remains; if all of it is refunded, there is no fee. VYBE pays Stripe's monthly fees for your Stripe account and any other Stripe fee for moving the money to you. No other amount reduces a payout, except those in sections 14 and 15. Collaborations that come from an application, proposal or invitation made before the Fees v2 effective date have no such fee.

11.6 Stripe. Payment processing services for Creators on VYBE are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (together, the "Stripe Services Agreement"). By agreeing to these Creator Terms or continuing to be paid through VYBE, you agree to be bound by the Stripe Services Agreement, as Stripe may modify it from time to time. As a condition of VYBE enabling payment processing services through Stripe, you agree to give VYBE accurate and complete information about you and your business, and you authorize VYBE to share it and transaction information related to your use of Stripe's services with Stripe.

12. When you get paid, and payout holds

12.1 When a Creator Fee becomes payable. Your Creator Fee becomes payable when all of the following are true:

• every Deliverable in the Collaboration has been verified by the Brand or automatically accepted under section 6.5, or a dispute has been decided in your favour (section 6.6);
• the Brand's payment has reached VYBE; and
• none of the holds in section 12.2 applies.

12.2 Payout holds. VYBE pauses payouts (it does not cancel them) while any of the following applies:

• (a) [DRAFT — counsel] Stripe has not finished verifying your identity or tax information, or has restricted payouts on your account;
• (b) your connection country, declared country or Stripe account country don't match, until staff review it;
• (c) the IRS has told us your name and TIN do not match, until it is corrected;
• (d) the name verified by Stripe does not match your legal name on VYBE, or your payout bank account is also used by another account, until staff clear it;
• (e) you changed the bank account on your Stripe account in the last 14 days (a security hold);
• (f) you have not yet set up your Stripe account (section 13.1), Stripe still needs information from you, or Stripe has restricted payouts on your Stripe account;
• (g) the Brand has asked for a refund, opened a dispute on VYBE or opened a card dispute (chargeback) on the Collaboration, until it is resolved;
• (h) a review of your account is in progress (section 17);
• (i) we reasonably suspect fraud, a breach of these terms or a legal problem, while we investigate;
• (j) VYBE has temporarily paused all payouts on the Platform, for example during a security incident;
• (k) a law, court order or government authority requires it;
• (l) [DRAFT — counsel] the Brand paid by bank debit (ACH), for {{ACH_SETTLEMENT_HOLD_BUSINESS_DAYS}} business days after the debit settles, because a bank debit can still be returned.

We will tell you in the app that a payout is on hold and, where we can, what you can do about it. [DRAFT — counsel] Once your Creator Fee is payable (section 12.1), VYBE, as your payment collection agent, sends it to your Stripe account, and Stripe pays it to your bank on your Stripe account's weekly payout schedule. VYBE sends it no later than 30 days after you submit the last Deliverable, unless a payout hold in section 12.2 applies. The Creator Fee for a Collaboration is paid in one payout after all its Deliverables are verified or accepted. Holds delay payment; they never cancel what you have earned.

12.3 If a hold lasts. If a hold cannot be cleared (for example, you never complete verification), VYBE will keep the amount for you as a balance owed and will handle long-unclaimed balances as required by unclaimed-property laws. We do not forfeit amounts owed to you merely because time has passed.

13. Payout method

13.1 Stripe Express account. VYBE pays Creators through Stripe Connect. When payments go live, you set up a Stripe Express account through a link in the app. [DRAFT — counsel] You usually set it up after a Brand first accepts you for a Collaboration (you may set it up earlier). You don't need one to apply. Being paid requires a Stripe account, and Stripe checks your identity and tax information. Until your Stripe account is ready, payouts wait (section 12.2(f)). Stripe collects your identity and bank details on its own pages; VYBE does not receive or store your bank account details. VYBE keeps only your Stripe account ID and its status (for example, whether payouts are enabled and whether Stripe needs more information). You can open your Stripe Express dashboard from the app to see payouts and update your bank details.

13.2 Your own US account. The bank account on your Stripe account must be a US account in your own name (or in the name of your business that is the payee on your tax form). We do not pay to third parties' accounts.

13.3 [DRAFT — counsel] Currency. You are paid in US dollars. Your own bank may charge you fees we don't control.

13.4 Errors. If we pay you more than you are owed by mistake, you must return the excess, and we may deduct it from future payouts (section 14).

14. Refunds, chargebacks and amounts you owe

14.1 Before payout. If a Brand is refunded or opens a chargeback before your payout is sent, the payout is held (section 12.2(g)). [DRAFT — counsel] A refund never comes out of the Brand Fees at your expense: the Brand is refunded the refunded share of your Creator Fee together with the same share of the Brand fees. If the refund or chargeback reduces or removes your Creator Fee, you are paid what remains, less the Service & Processing Fee recalculated on it. (For Collaborations that come from an application, proposal or invitation made before the Fees v2 effective date, which keep the earlier terms, a refund is applied first to the Brand's Administrative Fee and then to your Creator Fee.)

14.2 After payout — when you owe VYBE. You owe VYBE an amount only if, after you were paid:

• the Brand receives a refund or wins a chargeback because you did not deliver, broke these Creator Terms or the brief, or acted fraudulently, as determined by VYBE staff after review; or
• VYBE paid you too much by mistake.

[DRAFT — counsel] What you owe for a refunded or charged-back share is never more than what you actually received for that share (after the Service & Processing Fee).

A refund or chargeback after payout does not create any amount owed by you until VYBE staff have reviewed it and recorded a finding that you were at fault, with the reason. If a Brand wins a chargeback even though you delivered what was agreed and it was verified or accepted, VYBE bears that loss, not you, and VYBE will pursue the Brand (Payments and Refund Policy section 10).

14.3 Netting and your right to a review. VYBE will tell you about any amount you owe, the amount and the reason. VYBE may deduct it only from your next earnings on VYBE. VYBE will not deduct more than the amount owed and will show each deduction in your earnings history. If you disagree, ask for a review by writing to support@vybe-co.com within 30 days of our notice; VYBE pauses the deduction while it reviews and tells you the outcome.

14.4 When VYBE will refund a Brand. VYBE refunds a Brand only for the reasons in the Payments and Refund Policy, for example free cancellation or cancellation you agree to (if the Brand cancels later, before you submit a draft, you keep the cancellation fee in Brand Terms section 11.2), your withdrawal or non-delivery, a dispute decided in the Brand's favour, or a duplicate charge. Refunds are never given for the Brand's change of plans, preference beyond the brief, or post performance. If a chargeback is raised, VYBE uses the Collaboration record and your proof of posting as evidence; you agree to help by providing information when asked.

14.5 If you stop earning. If you owe VYBE an amount and have no upcoming earnings, or your account closes, VYBE may ask you to repay it within 30 days. [DRAFT — counsel] This does not apply to an amount arising from a Brand's bank debit (ACH) being disputed or returned after you were paid: VYBE recovers that only from your future earnings on VYBE, within the limit in section 14.2, and bears any part it can't recover. VYBE will not charge interest on these amounts.

15. Taxes

15.1 You handle your own taxes. You are responsible for all income tax, self-employment tax and other taxes on your earnings, and for any registrations they require. VYBE does not give tax advice.

15.2 [DRAFT — counsel] Tax information. Stripe collects your Form W-9 information (including your taxpayer identification number) during Stripe account set-up and checks it with the IRS. VYBE does not see or store your full TIN. Payouts are held until Stripe confirms it is valid. If you gave VYBE a tax form before the Fees v2 effective date, VYBE keeps it as described in the Privacy Policy and the Social Security Number Protection Policy.

15.3 [DRAFT — counsel] Information reporting. If you are a US person, VYBE, using Stripe's tax reporting service, reports payments to you to the IRS on Form 1099-NEC (or another Form 1099 if the law requires) and gives you a copy when the threshold is met. The amount reported is [your gross Creator Fees, before the Service & Processing Fee / the amounts transferred to you, after the Service & Processing Fee — CPA to confirm], less amounts refunded to Brands. Your Collaboration records show both figures. Stripe delivers the form electronically in your Stripe Express dashboard if you agreed to that with Stripe; otherwise by mail. We may also report to state tax authorities where required.

15.4 [DRAFT — counsel] No payout until your tax information is valid. If Stripe cannot verify your TIN, or the IRS tells us your name and TIN do not match (a "B-notice"), VYBE holds your payouts under section 12.2(a) or 12.2(c) until you correct your details in your Stripe account. VYBE does not pay out and withhold instead. A tax hold VYBE placed before the Fees v2 effective date stays in place until it is resolved: a name/TIN mismatch until Stripe shows a corrected TIN (or, where IRS rules require, you give us the IRS or Social Security Administration confirmation of your TIN), and other reviews until VYBE's team clears them. If a change in the law or IRS guidance requires VYBE to withhold, we will tell you before we start.

15.5 Other withholding. If any law requires VYBE to withhold tax from a payment to you, VYBE will do so, pay the tax to the authority and tell you. The amount withheld counts as paid to you.

15.6 [DRAFT — counsel] TIN checks. Stripe may check your name and TIN with the IRS for VYBE, and VYBE acts on IRS notices.

15.7 [DRAFT — counsel] Products are income too. The fair market value of a product you keep is generally taxable income. VYBE shows the value the Brand declared in your Collaboration record, but does not report it on any Form 1099. Any reporting of product value is the Brand's responsibility. Ask a tax adviser how to report it.

16. United States only

VYBE is available only to Creators who live in the United States. If you move outside the United States, tell us at support@vybe-co.com; we may need to close your Creator account after your open Collaborations are finished and anything payable to you is paid.

17. Sanctions and export controls

17.1 You confirm that you are not (a) on any US, EU, UK or UN sanctions list, including the US Treasury OFAC Specially Designated Nationals and Blocked Persons List; (b) owned 50% or more by, or acting for, anyone on such a list; or (c) located in, organized in or ordinarily resident in Cuba, Iran, North Korea, the Crimea region of Ukraine, the so-called Donetsk People's Republic or Luhansk People's Republic regions, or any other country or region subject to comprehensive US sanctions.

17.2 VYBE screens Creators against sanctions lists, using your legal name, before your first application, when the lists change and before payouts, and checks the country of your internet connection. If a check needs more review, we may pause applications, new Collaborations and payouts on your account while we complete it; the app shows that your account is under review. If we confirm a match, we must block or reject the transaction, may close the account and may have to report it to the US government. We cannot pay amounts that sanctions law requires us to block.

17.3 You must tell us immediately if your sanctions status changes.

18. Suspension and termination

18.1 You can leave. You may delete your Creator account at any time in Settings, in the app or on the web, or by writing to support@vybe-co.com. Before deletion can start, you must complete or withdraw from active Collaborations, and any payout in progress or open dispute must be finished. Payouts already payable to you will still be paid once any holds are cleared. Your account is deleted 30 days after you confirm, and you can cancel during that time (Terms of Service section 18). Tax records are kept for as long as tax law requires.

18.2 VYBE may suspend or end your access if you seriously or repeatedly breach these terms, the Terms of Service or our policies (for example, undisclosed ads, fake engagement, infringement, harassment, fraud, off-platform payments, false identity or tax information), if required by law or sanctions, or if continuing would create legal risk for VYBE or others. Where reasonable, we will tell you why and give you a chance to respond first. You can appeal any decision by writing to support@vybe-co.com; a person (not an automated system) will review appeals.

18.3 We will never end or suspend your account because you declined work, proposed a rate you chose, or worked with others.

18.4 After termination. Sections 8, 9 (for Usage Rights already granted, for their agreed period), 11 to 15, 17 and any terms that by their nature should continue, survive. We keep records as described in the Privacy Policy, including tax records for as long as tax law requires.

19. Other terms

19.1 Off-platform deals. From the Payments Start Date, if a Brand you met on VYBE offers to pay you outside VYBE for a Campaign posted on VYBE, decline and report it. Off-platform payments are not protected by VYBE and, from that date, break these terms (Terms of Service section 14).

19.2 Changes to these terms. We may change these terms. For material changes we will notify you at least 30 days in advance in the app or by email, and ask you to accept them. Changes do not affect Collaborations already formed. If you do not agree, you may close your account before the change takes effect.

19.3 Contact. Questions: support@vybe-co.com. Legal notices: legal@vybe-co.com and {{COMPANY_POSTAL_ADDRESS}}.