Creator Terms of Service

You must be at least 18 years old to use the Platform. If you are under 18, you may only use the Platform through a legal representative who enters into these Terms on your behalf and assumes full legal responsibility.

You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. You agree to provide accurate, complete, and up-to-date information at all times and to promptly update it when necessary. You must immediately notify Gems of any unauthorized access or suspected security breach.

Gems reserves the right to suspend or terminate any account containing false, misleading, or incomplete information.

Gems operates a digital marketplace enabling brands ("Brands") and independent content creators ("Creators") to collaborate on advertising campaigns.

Gems provides campaign management tools, payment facilitation, and contractual infrastructure. Gems is the sole contractual counterparty of the Creator for the purposes of payments and platform services. Brands contract with Gems for campaign execution. Gems coordinates the performance of campaigns but does not guarantee campaign results or Brand performance.

A binding campaign agreement ("Deal") is formed when a Creator formally accepts a campaign offer through the Platform. By accepting a Deal, you agree to comply with the campaign brief, the agreed deliverables, the timeline, and the compensation terms as communicated through the Platform.

Gems does not guarantee that any Creator will receive campaign offers, generate income, or achieve a minimum level of activity on the Platform.

You act as an independent contractor. Nothing in these Terms creates an employment relationship, partnership, joint venture, or agency relationship between you and Gems.

You remain solely responsible for your taxes, VAT (if applicable), social contributions, insurance coverage, and compliance with any professional or regulatory obligations applicable to your activity.

You agree to perform each Deal in good faith and in accordance with the campaign brief. While you retain reasonable creative discretion, the final content must comply with the agreed messaging, format requirements, brand guidelines, and timeline.

You must comply with all applicable advertising and consumer protection laws, including ARPP guidelines (France), applicable EU regulations, and FTC disclosure requirements where relevant. Sponsored content must be clearly identified as advertising using appropriate disclosures such as #ad or #sponsored.

Unless expressly authorized in writing, you may not materially alter campaign requirements or include unrelated third-party branding in sponsored content.

You represent and warrant, for each Deal and throughout your use of the Platform, that:

• You have full legal capacity and authority to enter into these Terms and to perform your obligations.
• All Creator Content is original or properly licensed, and does not infringe any intellectual property rights, image rights, privacy rights, or other rights of any third party.
• You have obtained all necessary permissions, licenses, and consents required for the creation and publication of the Creator Content, including but not limited to music, visual elements, or third-party appearances.
• Your audience metrics, engagement statistics, and social media accounts are authentic and not artificially inflated through bots, fake followers, or deceptive practices.
• Your performance of any Deal complies with all applicable laws, advertising regulations, and platform policies.
• You shall remain solely responsible for any breach of the above warranties and for any resulting damages.

All trademarks, logos, domain names, software, and distinctive elements associated with Gems, including https://withgems.com, remain the exclusive property of Splash. No rights are granted except as expressly provided in these Terms.

You retain ownership of the intellectual property rights in the original content you create under a Deal ("Creator Content").

You grant Gems a non-exclusive, worldwide license to host, reproduce, display, distribute, and technically adapt Creator Content strictly for the purposes of operating the Platform, administering campaigns, providing reporting and analytics, resolving disputes, and promoting the Platform, unless you object in writing. This license remains valid during your use of the Platform and for five (5) years following termination of the relevant Deal.

Unless otherwise specified in the Deal, the Brand receives a non-exclusive, non-transferable, worldwide license to reproduce and display the Creator Content on its own organic social media accounts for a period of twelve (12) months from first publication.

Any paid media use, whitelisting, boosting, advertising amplification, use on websites, newsletters, marketplaces, or other digital or offline channels must be expressly authorized in the Deal. Any modification, editing, or derivative use of the Creator Content requires your prior written consent unless explicitly provided in the Deal. Any additional rights beyond those expressly granted require separate written agreement and additional compensation.

Gems facilitates payments between Brands and Creators through a third-party payment provider.

Payment to the Creator is made after confirmation that the Brand has paid Gems and that the agreed deliverables have been fulfilled in accordance with the Deal. Gems does not guarantee payment in the event of Brand insolvency, refusal to pay, chargeback, or contractual dispute.

If Creator Content is removed within ten (10) business days following publication for reasons attributable to the Creator's breach of the brief, violation of law, or misconduct, Gems may require full or partial reimbursement of the fees paid. This does not apply where removal results from platform moderation decisions beyond the Creator's control or force majeure events.

You remain solely responsible for declaring and paying all applicable taxes, including income tax and VAT. Gems does not withhold taxes on your behalf unless required by law.

If Gems is subject to a chargeback, payment reversal, fraud claim, or other reimbursement request from a Brand or payment provider relating to a Deal, and such reversal is attributable to the Creator's breach of the Deal, violation of these Terms, or unlawful conduct, Gems may recover the corresponding amount from the Creator.

Recovery may occur through direct repayment or set-off against future amounts payable to the Creator.

Nothing in this section obligates Gems to pursue collection where recovery is not commercially reasonable.

You agree not to enter into direct or indirect commercial agreements with any Brand first introduced to you through the Platform, at any time and for any purpose, without the prior written consent of Gems. This prohibition is permanent and survives termination of these Terms.

If you breach this obligation, Gems may claim damages equivalent to the service fees or commissions that would have been payable to Gems for the circumvented transaction, without prejudice to additional damages where applicable.

During and after the performance of any Deal, you may have access to non-public information relating to Gems or a Brand, including campaign briefs, pricing, budgets, strategy, performance data, product launches, or business information ("Confidential Information").

You agree to keep such Confidential Information strictly confidential and to use it solely for the purpose of performing the relevant Deal.

You shall not disclose Confidential Information to any third party without prior written consent, unless required by law.

This obligation shall survive termination of these Terms for a period of three (3) years.

You agree to indemnify and hold harmless Gems from any third-party claims arising out of your Creator Content, your breach of these Terms, or your violation of applicable laws or third-party rights.

To the maximum extent permitted by law, Gems' total aggregate liability arising out of or in connection with the Platform or any Deal shall not exceed the total commissions actually received by Gems from the Deal giving rise to the claim during the six (6) months preceding the event.

Nothing in these Terms excludes liability for fraud, gross negligence, or willful misconduct where such limitation is prohibited by law.

The Platform is provided on an "as is" and "as available" basis. Gems does not guarantee uninterrupted, secure, or error-free access. Access may be temporarily suspended for maintenance, updates, technical issues, third-party service failures, or events beyond Gems' reasonable control, including API limitations imposed by social media platforms.

Gems shall not be liable for temporary unavailability, data loss resulting from third-party platform changes, or interruptions beyond its control.

In connection with the operation of the Platform and the performance of Deals, Gems may collect, process, and analyze performance data, campaign metrics, engagement statistics, and related activity data.

Such data may be used for campaign reporting, platform optimization, benchmarking, fraud prevention, and service improvement purposes, in accordance with the Privacy Policy.

All processing of personal data is governed by the Privacy Policy, which forms an integral part of these Terms.

Gems may suspend or terminate your account immediately and without prior notice in the event of breach of these Terms, fraudulent activity, reputational risk, legal risk, or conduct that may harm the integrity of the Platform.

Upon termination, ongoing Deals may be canceled at Gems' discretion, and outstanding payment obligations remain enforceable.

You agree to conduct yourself in a manner consistent with applicable laws and professional standards.

Gems may suspend or terminate a Deal, or your access to the Platform, if you engage in conduct that, in Gems' reasonable judgment, is unlawful, discriminatory, fraudulent, defamatory, or otherwise likely to harm the reputation, goodwill, or public image of Gems or any Brand.

In such circumstances, Gems may cancel pending payments relating to the affected Deal where legally permitted.

Neither party shall be liable for delay or failure resulting from events beyond reasonable control, including but not limited to natural disasters, regulatory changes, governmental action, platform bans, strikes, or technical infrastructure failures recognized as force majeure under French law.

Gems may update these Terms at any time. Continued use of the Platform after updated Terms are published constitutes acceptance of the revised version.

The following sections shall survive termination or expiration of these Terms and of any Deal: Intellectual Property, Fees and Payment (including clawback and chargeback provisions), Non-Circumvention, Confidentiality, Liability, and any other provisions which by their nature are intended to survive.

These Terms are governed by French law.

Any dispute not resolved amicably within thirty (30) days shall fall under the exclusive jurisdiction of the Commercial Courts of Paris.