Homepage

Terms of Service

Effective Date: 20 January 2026

Welcome to Makeity (“Makeity”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of the Makeity website, platform, applications, and related services (collectively, the “Platform”).

Makeity operates a creator marketplace that connects brands with independent content creators. By accessing or using the Platform, you agree to be legally bound by these Terms. If you do not agree, do not use the Platform.

  1. Platform Overview

Makeity provides an online marketplace where:

  • Brands can request, commission, or purchase content from creators
  • Creators can submit, upload, license, and deliver content to brands

Makeity is not a party to any agreement between brands and creators, except as expressly stated in these Terms.

  1. Eligibility

You must be at least 18 years old to use the Platform. By using Makeity, you represent and warrant that you meet this requirement and have the legal authority to enter into binding agreements.

  1. Accounts

3.1. Users must create an account to access the Platform.
3.2. You agree to provide accurate, current, and complete information.
3.3. You are responsible for maintaining the confidentiality of your login credentials.
3.4. You are fully responsible for all activity conducted through your account.

  1. Creators

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

Creators agree that:

  • All content submitted is original or properly licensed
  • Content does not infringe intellectual property, privacy, or publicity rights
  • Content complies with applicable laws, advertising regulations, and platform guidelines

Creators are solely responsible for taxes, insurance, and legal obligations arising from their activities.

  1. Brands

Brands acknowledge that:

  • Creators are independent third parties
  • Makeity does not guarantee specific results, engagement, or performance
  • Use of creator content must comply with agreed usage rights and applicable laws

 

    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.

    8. Content Uploads & User Content

8.1. Users may upload videos, images, text, audio, or other materials (“User Content”).
8.2. You retain ownership of your User Content.
8.3. By uploading User Content, you grant Makeity a non-exclusive, worldwide, royalty-free license to host, store, display, distribute, and make the content available solely for operating, improving, and promoting the Platform.
8.4. You represent that you have all rights and permissions necessary to upload and license the User Content.

   9. Content License Between Creators and Brands

9.1. Any license granted to a brand is governed by the specific agreement, campaign terms, or platform settings applicable to that transaction.
9.2. Unless otherwise agreed, licenses are non-exclusive and limited to commercial marketing use.
9.3. Makeity is not responsible for disputes regarding scope, duration, or misuse of licensed content.

   10. Prohibited Content & Conduct

You may not upload or distribute content that:

  • Is illegal, deceptive, or misleading
  • Violates intellectual property or privacy rights
  • Is defamatory, abusive, hateful, or obscene
  • Includes malware, spam, or unauthorized data collection

Makeity reserves the right to remove content and suspend or terminate accounts at its discretion.

Acceptable Use Policy (AUP)

11.1. Applicability
This Acceptable Use Policy (“AUP”) is part of and incorporated into the Makeity Terms of Service. All users and account holders must comply with this AUP when accessing or using the Makeity platform and services.

11.2. Prohibited Content
Users may not use the platform to create, post, distribute, promote, or monetize content that includes:

a. Adult or Sexually Explicit Content
Content that contains nudity, sexually explicit acts, sexually oriented services, or links to such content is strictly prohibited.

b. Copyright and Intellectual Property Infringement
Users must not upload, publish, or distribute material that violates valid copyrights, trademark rights, patent rights, trade secret rights, or other proprietary rights of any person or entity. Users are responsible for all content they submit.

c. Illegal or Harmful Activity
Content that promotes or facilitates illegal activities, fraud, scams, or any activity in violation of applicable laws is not permitted.

d. Hate, Harassment, and Extremism
Any content that promotes or celebrates unlawful violence, discrimination, hate speech, extremist ideology, or harassment against individuals or groups based on protected characteristics is prohibited.

11.3. Prohibited Conduct
Users must not engage in activities including but not limited to:

  • Posting or transmitting viruses, malware, or harmful code

  • Circumventing platform controls, fees, or payment mechanisms

  • Attempting unauthorized access to other users’ accounts

  • Using the platform for tipping, paid access to content, or selling digital goods outside the scope of commissioned content services

11.4. Enforcement
If Makeity determines that a user has violated this AUP, Makeity may, in its sole discretion:

  • Remove or disable access to offending content

  • Suspend or terminate the user’s account

  • Take any other action reasonably necessary to enforce this AUP

Makeity may cooperate with law enforcement where required.

11.5. Changes to AUP
Makeity may revise this Acceptable Use Policy at any time. Continued use of the platform after posting changes constitutes acceptance of the updated policy.

   12. Payments (No Subscriptions)

12.1. Makeity does not offer subscriptions.
12.2. Payments are transaction-based and processed through third-party payment providers.
12.3. Fees, commissions (if any), and payment timing are disclosed prior to each transaction.
12.4. Makeity is not responsible for payment disputes between users unless explicitly stated.

   13. Privacy & Data Protection

13.1 Privacy Policy

Your use of the Platform is subject to our Privacy Policy, which explains how personal data is collected, used, and protected.

13.2 GDPR (EU Users)

If you are located in the European Economic Area (EEA), Makeity processes personal data in compliance with the General Data Protection Regulation (GDPR).

You have the right to:

  • Access, correct, or delete your personal data
  • Object to or restrict processing
  • Request data portability
  • Withdraw consent at any time

Requests may be submitted to: [email protected]

13.3 Legal Bases for Processing

We process personal data based on:

  • Contractual necessity
  • Legitimate business interests
  • Legal obligations
  • User consent (where required)

 

   14. Cookies & Tracking

Makeity uses cookies and similar technologies to:

  • Enable essential functionality
  • Analyze performance and usage
  • Improve user experience
  • Support marketing and advertising

You can manage cookie preferences through your browser or cookie consent tools. For details, see our Cookie Policy.

   15. Third-Party Services

The Platform may integrate with third-party tools or services. Makeity does not control and is not responsible for third-party content, terms, or practices.

  16. Termination

We may suspend or terminate your account at any time, with or without notice, if you violate these Terms or if necessary to protect the Platform or other users.

   17. Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND.

MAKEITY DOES NOT GUARANTEE CONTENT QUALITY, CAMPAIGN RESULTS, OR USER PERFORMANCE.

  18. Limitation of Liability (US Law)

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKEITY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

MAKEITY’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID TO MAKEITY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

   19. Indemnification

You agree to indemnify and hold harmless Makeity from any claims, damages, losses, or expenses arising from:

  • Your content
  • Your use of the Platform
  • Your violation of these Terms

 

   20. Governing Law & Jurisdiction (US)

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules.

All disputes shall be resolved exclusively in the state or federal courts located in Delaware, USA.

   21. Changes to These Terms

We may update these Terms at any time. Continued use of the Platform constitutes acceptance of the updated Terms.

   22. Contact

Makeity
Email: [email protected]
Privacy: [email protected]
Website: www.makeity.com