Conditions générales pour les créateurs

RIOVIS CREATOR TERMS OF SERVICE

These Creator Terms of Service govern your participation in the Riovis Creator Marketplace as a creator, influencer, or content producer. By registering for or using the Riovis Creator Marketplace, you agree to these terms. If you do not agree, do not register or use the Marketplace.

1. Definitions

• "Company," "we," "us," or "our" means TopHare Software Studio LLC, a Texas limited liability company.
• "Creator," "you," or "your" means the individual who registers for or participates in the Riovis Creator Marketplace.
• "Marketplace" means the Riovis Creator Marketplace, the platform feature through which Creators are discoverable by Subscribers for collaboration, campaigns, and partnerships.
• "Subscriber" means a business or organization that subscribes to the Riovis platform and may discover, contact, and collaborate with Creators through the Marketplace.
• "Creator Profile" means the public-facing profile you create on the Marketplace, including your display name, bio, social media handles, niches, location, and associated metrics.
• "Creator Content" means any text, images, videos, social media posts, or other materials you create, upload, or reference through the Marketplace or in connection with campaigns facilitated through the Platform.
• "Sivoir Influencer Engine" means the AI-powered system that analyzes Creator data to provide discovery, scoring, audience analysis, and brand-fit matching to Subscribers.
• "Contract" means any collaboration agreement, sponsorship deal, or other arrangement between a Creator and a Subscriber facilitated through the Platform.

2. Eligibility and Registration

2.1 Eligibility

To register as a Creator, you must be at least eighteen (18) years of age, have the legal capacity to enter into this agreement, and not be located in any country subject to United States sanctions or embargoes.

2.2 Accurate Information

You agree to provide accurate, current, and complete information during registration and to keep your Creator Profile updated. You represent and warrant that you are the owner or authorized operator of all social media accounts linked to your Creator Profile. Providing false, misleading, or fraudulent information is grounds for immediate removal from the Marketplace.

2.3 Account Security

You are solely responsible for maintaining the security of your account credentials. You agree to immediately notify us of any unauthorized access to or use of your account.

3. Creator Profile and Marketplace Participation

3.1 Profile Visibility

By registering, you consent to your Creator Profile being visible to all Subscribers on the Riovis platform. Your profile includes your display name, bio, social media handles, niches, location (country), and publicly available metrics (follower counts, engagement rates). Your email address is never exposed to Subscribers and is used only for account management and direct communications from the Company.

3.2 AI-Powered Discovery

You acknowledge and consent to the Sivoir Influencer Engine analyzing your Creator Profile and publicly available data from your linked social media accounts to generate scores, audience insights, and brand-fit assessments. These AI-generated assessments are recommendations only and do not constitute guarantees of performance, audience quality, engagement rates, or campaign outcomes. The Company makes no representations regarding the accuracy of AI-generated scores or assessments.

3.3 No Guarantee of Opportunities

Registration on the Marketplace does not guarantee that any Subscriber will discover, contact, or offer you any campaign, contract, or collaboration opportunity. The Company does not endorse, recommend, or guarantee any specific Creator to any Subscriber, nor any Subscriber to any Creator.

3.4 Profile Removal

You may request removal of your Creator Profile at any time by submitting a deletion request through the Platform. See Section 10 (Data Rights and Deletion) for details on the deletion process and timeline.

4. Creator Content Ownership and Licensing

4.1 Ownership

You retain all right, title, and interest in and to your Creator Content, including all intellectual property rights therein. Nothing in this agreement transfers ownership of your Creator Content to the Company or any Subscriber.

4.2 Limited License to Company

By creating a Creator Profile, you grant the Company a limited, non-exclusive, worldwide, royalty-free license to use, display, and reproduce your Creator Profile information (display name, bio, avatar, publicly available metrics) solely for the purpose of operating the Marketplace, including displaying your profile to Subscribers and enabling AI-powered discovery features. This license terminates upon deletion of your Creator Profile, subject to reasonable technical processing time.

4.3 No License to Subscribers

This agreement does not grant any Subscriber a license to use your Creator Content, name, likeness, or intellectual property. Any such license must be established through a separate Contract between you and the Subscriber. The Company is not a party to such Contracts and bears no responsibility for their terms or enforcement.

4.4 Content Responsibility

You are solely responsible for all Creator Content you create, upload, or reference through the Platform. You represent and warrant that your Creator Content does not infringe, misappropriate, or violate any third party’s intellectual property rights, privacy rights, publicity rights, or any applicable law.

5. Contracts and Payments Between Creators and Subscribers

5.1 Platform as Facilitator

The Platform facilitates contract management between Creators and Subscribers. The Company is not a party to any Contract between a Creator and a Subscriber. The Company does not negotiate, guarantee, enforce, mediate, or arbitrate the terms of any Contract. All contractual obligations, including payment terms, deliverables, timelines, and dispute resolution, are solely between the Creator and the Subscriber.

5.2 Payment Processing

The Company does not process, hold, escrow, or guarantee any payments between Creators and Subscribers. All payment arrangements are directly between the parties. The Company bears no liability for late payments, non-payment, disputed payments, or any financial loss arising from contractual relationships between Creators and Subscribers.

5.3 Tax Obligations

You are solely responsible for all tax obligations arising from income earned through campaigns or partnerships facilitated by the Platform, including but not limited to income tax reporting, self-employment tax, VAT/GST, and compliance with 1099 reporting requirements (for US-based Creators). The Company does not provide tax advice and is not responsible for your tax compliance.

5.4 Contract Review

YOU ARE STRONGLY ENCOURAGED TO CONSULT WITH A QUALIFIED ATTORNEY BEFORE ACCEPTING ANY CONTRACT OFFERED THROUGH THE PLATFORM. The Company does not review, approve, or validate the legal sufficiency of Contracts created by Subscribers. Contracts may contain terms, obligations, or restrictions that significantly affect your rights.

5A. Affiliate Programs

5A.1 Participation

Subscribers may offer affiliate programs in which you earn commission on sales you drive. You may join a program automatically, by application subject to Subscriber approval, or by invitation, depending on the program's configuration. The Company only facilitates these programs; the commercial terms are set by the Subscriber.

5A.2 Referral Links and Attribution

On joining you receive a unique tracked referral link. Sales are attributed to you when a buyer arrives through your link within the attribution window set by the Subscriber. Attribution is determined using first-party cookies and order data; the Company does not guarantee that every sale is attributed if a buyer blocks tracking or purchases outside the window.

5A.3 Commission and Recurring Commission

Commission may be a percentage of the sale or a flat amount per conversion, depending on the program. Some programs pay recurring commission on a referred customer's repeat purchases for a defined period. The rates and durations in effect at the time of the sale govern.

5A.4 Payout and Platform Fee

Approved commission is paid through your connected Stripe account, less the Company's flat 2% platform fee. You must have payouts enabled and a second authentication factor enrolled before receiving payments. Commission accrues but is not payable until approved by the Subscriber.

5A.5 Disclosure and Conduct

You must clearly and conspicuously disclose your affiliate relationship as required by applicable law (including FTC guidelines). Self-referral, click fraud, cookie stuffing, and any deceptive attribution are prohibited. The Company or Subscriber may reverse commission for fraudulent or refunded sales and terminate your participation for breach. No earnings are guaranteed.

6. FTC and Regulatory Compliance

You acknowledge and agree that you are solely responsible for compliance with all applicable laws and regulations governing sponsored content, endorsements, and advertising, including but not limited to:

• FTC Endorsement Guides - You must clearly and conspicuously disclose material connections with Subscribers (e.g., #ad, #sponsored, #partner) in all sponsored content, in accordance with the Federal Trade Commission's Guides Concerning Use of Endorsements and Testimonials in Advertising (16 CFR Part 255).
• Platform-Specific Policies - You must comply with the advertising and disclosure policies of each social media platform on which you publish sponsored content (Meta, TikTok, YouTube, X, etc.).
• Truth in Advertising - All claims, reviews, and endorsements you make about a Subscriber's products or services must be truthful, not misleading, and based on your genuine experience and opinion.
• International Regulations - If you operate or publish content in jurisdictions outside the United States, you are responsible for compliance with local advertising and consumer protection laws, including but not limited to the UK Advertising Standards Authority (ASA), EU Unfair Commercial Practices Directive, and Canadian Competition Act.

The Company does not monitor, review, or enforce your compliance with any of the above obligations. Failure to comply may result in removal from the Marketplace in addition to any liability you may incur under applicable law.

7. Prohibited Conduct

As a Creator, you agree not to:

• Provide false, misleading, or fabricated information in your Creator Profile, including inflated follower counts, fake engagement metrics, or misrepresented audience demographics.
• Use bots, click farms, purchased followers, or any artificial means to inflate metrics displayed on the Marketplace.
• Impersonate another person or entity, or falsely claim an affiliation with any person, organization, or brand.
• Upload, post, or reference content that is defamatory, obscene, harassing, threatening, hateful, discriminatory, or that promotes violence or illegal activity.
• Circumvent the Platform or its payment rails. Any Subscriber you discover through the Marketplace, or who discovers you through the Marketplace, must be engaged and paid through the Platform for a period of twelve (12) months from the date of the first Platform-facilitated contact. You may not solicit payment on external platforms (including, without limitation, Venmo, Cash App, PayPal, Zelle, Wise, Revolut, ACH/bank transfers, or cash), and you may not share contact information with the intent of moving the relationship off the Platform. This restriction exists to protect Marketplace integrity, payment traceability, and Creator audit rights.
• Use the Marketplace to collect Subscriber information for purposes unrelated to legitimate collaboration opportunities.
• Violate any applicable law, regulation, or third-party right through your use of the Marketplace.

Violation of this Section may result in immediate suspension or permanent removal from the Marketplace, without prior notice or liability to you.

8. Disclaimers of Warranty

THE MARKETPLACE AND ALL RELATED SERVICES, INCLUDING THE RIOVISION INFLUENCER ENGINE, AI-GENERATED SCORES, BRAND-FIT ASSESSMENTS, AUDIENCE ANALYTICS, AND DISCOVERY FEATURES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT: (A) THE MARKETPLACE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) ANY AI-GENERATED SCORES, ASSESSMENTS, OR RECOMMENDATIONS WILL BE ACCURATE, COMPLETE, OR RELIABLE; (C) ANY SUBSCRIBER WILL CONTACT, HIRE, OR COLLABORATE WITH YOU; (D) ANY CONTRACT FACILITATED THROUGH THE PLATFORM WILL BE PERFORMED, HONORED, OR LEGALLY ENFORCEABLE; OR (E) ANY PAYMENT PROMISED BY A SUBSCRIBER WILL BE MADE.

9. Limitation of Liability and Indemnification

9.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST INCOME, LOST OPPORTUNITIES, LOST CAMPAIGNS, REPUTATIONAL HARM, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE MARKETPLACE, REGARDLESS OF THE THEORY OF LIABILITY AND REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.2 Aggregate Liability Cap

THE COMPANY’S TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THESE CREATOR TERMS SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). YOU ACKNOWLEDGE THAT THE MARKETPLACE IS PROVIDED TO YOU AT NO CHARGE AND THAT THIS LIABILITY CAP REFLECTS THE FREE NATURE OF THE SERVICE.

9.3 Creator Indemnification

You shall indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

• Your breach of any term, representation, or warranty in these Creator Terms.
• Any claim that your Creator Content infringes, misappropriates, or violates any third party’s intellectual property rights, privacy rights, publicity rights, or other proprietary rights.
• Your failure to comply with FTC endorsement guidelines, advertising regulations, or any applicable law governing sponsored content.
• Any dispute between you and a Subscriber, including but not limited to disputes regarding payment, deliverables, content ownership, or Contract terms.
• Any claim by a third party arising from content you created, published, or endorsed in connection with a campaign facilitated through the Platform.
• Your provision of false, misleading, or inaccurate information in your Creator Profile or in any communication through the Platform.

9.4 No Liability for Subscriber Actions

THE COMPANY IS NOT LIABLE FOR ANY ACT OR OMISSION OF ANY SUBSCRIBER, INCLUDING BUT NOT LIMITED TO: (A) A SUBSCRIBER’S FAILURE TO PAY YOU; (B) A SUBSCRIBER’S MISUSE OF YOUR NAME, LIKENESS, OR CONTENT; (C) A SUBSCRIBER’S BREACH OF A CONTRACT WITH YOU; (D) A SUBSCRIBER’S VIOLATION OF APPLICABLE LAW; OR (E) ANY HARM TO YOUR REPUTATION ARISING FROM A SUBSCRIBER’S USE OF THE PLATFORM. YOUR SOLE REMEDY FOR SUCH ACTIONS IS AGAINST THE SUBSCRIBER DIRECTLY.

9.5 No Liability for AI Recommendations

THE COMPANY IS NOT LIABLE FOR ANY LOSS, DAMAGE, OR HARM ARISING FROM AI-GENERATED RECOMMENDATIONS, SCORES, OR ASSESSMENTS PROVIDED BY THE RIOVISION INFLUENCER ENGINE, INCLUDING BUT NOT LIMITED TO: (A) INACCURATE AUDIENCE SCORING; (B) INCORRECT BRAND-FIT ASSESSMENTS; (C) ALGORITHMIC BIAS IN DISCOVERY RANKINGS; (D) FAILURE TO SURFACE YOUR PROFILE TO RELEVANT SUBSCRIBERS; OR (E) ANY DECISION MADE BY A SUBSCRIBER BASED ON AI-GENERATED DATA ABOUT YOU.

10. Data Rights and Deletion

10.1 Data Controller

TopHare Software Studio LLC is the data controller for personal data collected through the Creator Marketplace, including your Creator Profile information, social media handles, and registration data. Our processing of your personal data is governed by the Riovis Privacy Policy.

10.2 Data Processing Purposes

We process your personal data for the following purposes: operating the Marketplace and displaying your Creator Profile to Subscribers; powering the Sivoir Influencer Engine (AI-based discovery and scoring); communicating with you about your account, campaigns, and opportunities; complying with legal obligations; and preventing fraud and abuse.

10.3 Right to Deletion (Right to Be Forgotten)

You have the right to request deletion of your Creator Profile and all associated personal data at any time. Upon receiving a valid deletion request:

• Your Creator Profile will be set to private immediately (within 24 hours) and will no longer be visible to Subscribers.
• Your personal data will be permanently deleted from active production systems within thirty (30) days.
• Your data will be purged from backup systems within ninety (90) days.
• AI-derived data (scores, assessments, embeddings) associated with your profile will be deleted within thirty (30) days.

Exceptions: We may retain limited data where required by law (e.g., tax records, fraud prevention) or where necessary to fulfill existing contractual obligations with Subscribers (e.g., active campaign records). In such cases, retained data will be minimized to what is strictly necessary and will not be used for Marketplace purposes.

10.4 Data Subject Rights

Depending on your jurisdiction, you may have additional rights including the right to access, rectification, data portability, restriction of processing, and the right to object to processing. To exercise any of these rights, contact us at privacy@riovis.com.

We honor data subject rights under GDPR (EU/UK), CCPA/CPRA (California), Texas TDPSA, and PIPEDA (Canada), regardless of your location.

11. Termination

11.1 Termination by Creator

You may terminate your participation in the Marketplace at any time by requesting deletion of your Creator Profile. Termination does not affect the validity or enforceability of any Contracts you have entered into with Subscribers through the Platform.

11.2 Termination by Company

We may suspend or terminate your access to the Marketplace at any time, with or without cause, and with or without notice. Grounds for termination include, without limitation: violation of these Creator Terms, fraudulent activity, provision of false information, abusive behavior toward Subscribers or staff, violation of applicable law, or inactivity exceeding twelve (12) months.

11.3 Effect of Termination

Upon termination, your Creator Profile will be removed from the Marketplace and your personal data will be handled in accordance with Section 10. Sections 4 (Content Ownership), 5 (Contracts and Payments), 8 (Disclaimers), 9 (Limitation of Liability and Indemnification), 10 (Data Rights), and 12 (General Provisions) shall survive termination.

12. General Provisions

12.1 Governing Law

These Creator Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

12.2 Dispute Resolution

Any dispute arising out of or relating to these Creator Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Houston, Texas, before a single arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

12.4 Modifications

We may modify these Creator Terms at any time by posting the updated terms on our website. We will provide notice of material changes via email (if you provided one) or through the Platform at least thirty (30) days before the changes take effect. Your continued use of the Marketplace after the effective date of any modification constitutes your acceptance of the modified terms.

12.5 Severability

If any provision of these Creator Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

12.6 Entire Agreement

These Creator Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding your participation in the Marketplace. These Creator Terms are separate from and do not supersede the Riovis Master Terms of Service, which govern Subscriber relationships.

12.7 Contact

For questions about these Creator Terms, contact us at legal@riovis.com.