Creator Terms of Service

Effective Date: 20 January 2026

These Creator Terms (“Creator Terms”) govern your use of the Makeity platform as a content creator (“Creator”, “you”).

By creating a Creator account or uploading content, you agree to these Creator Terms, the main Terms of Service, the Privacy Policy, and all related policies.

  1. Role of the Creator

Creators are independent contractors and not employees, agents, or partners of Makeity.

You are solely responsible for:

  • Your content
  • Your conduct
  • Taxes, insurance, and legal compliance
  1. Eligibility

You must be at least 18 years old and legally able to enter into binding agreements.

  1. Creator Account
  • You must provide accurate and complete information
  • You are responsible for safeguarding your login credentials
  • All activity under your account is your responsibility
  1. Content Ownership & Uploads

4.1. You retain ownership of all content you upload (“Creator Content”).
4.2. You represent that your content is original or properly licensed.
4.3. Content must not infringe intellectual property, privacy, or publicity rights.

  1. License to Makeity

You grant Makeity a non-exclusive, worldwide, royalty-free license to host, store, display, distribute, and make available your content solely to:

  • Operate the platform
  • Facilitate delivery to brands
  • Promote Makeity (including demos and case studies)

     6. Content Uploads & User Content

6.1 User Content

Users may upload videos, images, text, audio, or other materials (“User Content”) through the Platform.

6.2 Ownership

Creators retain ownership of the original User Content they create and upload, subject to the licenses granted under these Terms.

6.3 License Grant to Makeity

By uploading or submitting User Content through the Platform, you grant Makeity a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, distribute, modify, adapt, and otherwise use such User Content solely for the purpose of operating, maintaining, improving, marketing, and promoting the Platform and its services.

6.4 Rights & Permissions

You represent and warrant that you have all rights, licenses, consents, and permissions necessary to upload and license the User Content as described herein, and that such User Content does not violate any applicable law or third-party rights.

   7. Content Licensing & Usage Rights Between Creators and Brands

7.1 License Grant to Brands

Upon successful delivery and acceptance of User Content by a Brand through the Platform, the Creator grants the Brand a worldwide, perpetual, royalty-free, exclusive (unless otherwise specified in the order or campaign terms), and fully transferable license to use the Content for any commercial or promotional purpose, including but not limited to:

  • Paid and organic advertising
  • Social media platforms
  • Websites, landing pages, and applications
  • E-commerce listings and online marketplaces
  • Email marketing and newsletters
  • Promotional, branding, and marketing materials

Unless expressly agreed otherwise in writing, such license is granted without limitation as to time, geography, media, format, or distribution channel.

7.2 Exclusivity

Unless explicitly stated in the applicable order details or campaign terms, Content delivered through the Platform is non-exclusive, and Creators remain free to create similar content for other brands, including competitors.

7.3 Moral Rights

To the fullest extent permitted by applicable law, Creators waive any moral rights or similar rights that may limit or restrict the use of the Content by Brands or Makeity in accordance with the licenses granted under these Terms.

7.4 Creator Representations & Warranties

Creators represent and warrant that:

  • The Content is original and created solely by the Creator
  • The Creator owns or controls all rights necessary to grant the licenses described herein
  • The Content does not infringe any intellectual property, privacy, publicity, or other third-party rights
  • Any individuals appearing in the Content have provided valid consent for commercial use
  • The Content complies with all applicable laws, advertising regulations, and platform policies

7.5 Disputes Between Creators and Brands

Makeity is not a party to any licensing agreement between Creators and Brands and shall not be responsible for disputes regarding scope, duration, exclusivity, or misuse of Content, except as expressly required by law.

7.6 Survival

The licenses granted under this Section survive termination of the Creator’s account and remain effective for all Content that has been delivered and paid for prior to termination.

Makeity is not responsible for license disputes.

   8. FTC & Advertising Compliance

You agree to:

  • Comply with FTC endorsement guidelines
  • Clearly disclose sponsored content
  • Ensure claims are truthful and not misleading

   9. Prohibited Content

You may not upload content that is:

  • Illegal or deceptive
  • Defamatory, hateful, or explicit
  • Infringing or unauthorized
  • Harmful or malicious

Makeity may remove content or terminate accounts at its discretion.

   10. Payments

  • Payments are transaction-based only (no subscriptions)
  • Payment terms are disclosed per campaign
  • You are responsible for taxes and reporting

   11. Privacy & Data Protection

Your personal data is processed in accordance with our Privacy Policy and applicable data protection laws, including GDPR where applicable.

  12. Termination

Makeity may suspend or terminate your account for violations of these terms or to protect the platform.

   13. Disclaimer

MAKEITY MAKES NO GUARANTEES REGARDING CAMPAIGN RESULTS, INCOME, OR CONTENT PERFORMANCE.

  14. Limitation of Liability

To the maximum extent permitted by law, Makeity’s liability is limited to amounts paid to you in the prior twelve (12) months.

  15. Indemnification

You agree to indemnify Makeity from claims arising from your content, conduct, or violation of these terms.

    16. Creator Payments, Taxes & Invoicing (EU & US)

16.1. Independent Contractor Status

Creators acknowledge and agree that they act as independent contractors and not as employees, agents, partners, or representatives of Makeity or any Brand. Nothing in these Terms shall be deemed to create any employment, partnership, joint venture, or agency relationship.

16.2. Payments via Makeity

All payments for services and licensed content are made exclusively by Makeity.
Brands do not pay Creators directly. Creators acknowledge that Makeity acts as a payment intermediary and marketplace operator.

Payment to the Creator may occur only after successful content delivery and approval, in accordance with the Platform rules.

16.3. Tax Responsibility

Creators are solely responsible for determining, reporting, and paying any and all taxes, levies, VAT, income taxes, social security contributions, withholding taxes, or similar charges arising from payments received from Makeity, in accordance with the laws of their country of residence.

Makeity does not withhold or remit taxes on behalf of Creators, except where required by applicable law.

16.4. Invoicing Requirements

  1. Business Creators (EU & US)
    Creators registered as a business, freelancer, or company may be required, upon request, to issue a valid invoice to Makeity for services rendered, including all legally required details (business name, registration number, VAT number if applicable, description of services).
  2. Individual Creators (Non-Business)
    Creators acting as private individuals and not registered as a business are not required to issue invoices.
    Makeity’s payment records shall constitute sufficient proof of payment.

16.5. VAT & Reverse Charge (EU Creators)

Where applicable, payments between Makeity and EU-based Creators may fall under the EU VAT Reverse Charge mechanism. In such cases, no VAT shall be charged by the Creator, and Makeity shall account for VAT in accordance with applicable law.

16.6. U.S. Tax Compliance (U.S. Creators)

U.S.-based Creators may be required to provide a completed Form W-9 prior to receiving payments.
Makeity may report payments to U.S. tax authorities and issue Form 1099-NEC where legally required.

16.7. Records & Proof of Payment

Creators agree that Makeity’s transaction logs, payout confirmations, and internal records constitute valid and binding evidence of payments made.

16.8. Indemnification

Creators agree to indemnify and hold harmless Makeity from any claims, penalties, fines, or liabilities arising from the Creator’s failure to comply with tax, invoicing, or reporting obligations.

   17. DMCA

For copyright complaints and takedown requests, please see our DMCA Copyright Policy.

    18. Governing Law

These Creator Terms are governed by the laws of the State of Delaware, USA.

   19. Contact

Email: [email protected]
Privacy: [email protected]