Collabkick – Collaboration Rules

1. Purpose

These Collaboration Rules define the operational framework that governs all collaborations between Brands and Creators using the Collabkick Platform.

They form an integral part of the Terms of Service and apply automatically to every contract created or accepted through the Platform.

In the event of inconsistency, these Rules prevail over any individual agreement unless otherwise stated in writing.

2. General Principles

• Every collaboration created on Collabkick represents a binding agreement between the Brand and the Creator.
• Collabkick acts as a neutral escrow intermediary to ensure fair execution of deliverables and payments.
• All funds are held securely via Stripe Connect escrow until the collaboration is completed, canceled, or resolved by arbitration.
• Both parties must act in good faith, communicate clearly, and respect deadlines.

3. Collaboration Lifecycle

4. Default Timeframes

Unless customized in the contract:

5. Financial Scenarios & Outcomes

6. Deposits

• Deposits protect Brands when sending physical products.
• Deposit amount = declared product value (set by the Brand).
• Payment of the Deposit constitutes the Creator's contract acceptance.
• Deposit is refunded automatically upon successful validation of deliverables.
• If the Creator fails to deliver, the Deposit (minus Stripe fees) is transferred to the Brand.

7. Deliverables & Proofs

Creators must upload proof of delivery directly on the Platform, including:

• URL(s) to published content;
• Screenshots or video captures;
• Metrics (if required by contract).

Brands may request revisions according to the contract (default: 1 revision round).

If no action is taken within 7 days, validation is considered final (auto-approved).

8. Disputes

Either party may open a Dispute within 7 days after auto-approval or validation.

Procedure:

1. Open a dispute from the collaboration dashboard.
2. Provide detailed explanation and relevant evidence (e.g. messages, screenshots, tracking proof).
3. Collabkick initiates mediation (7 days).
4. If unresolved, case moves to Arbitration (see below).

9. Arbitration Process

Collabkick acts as a neutral arbitrator between both parties.

• Decisions are made based on contract data, communication logs, proofs, and delivery evidence.
• If one party fails to respond, Collabkick may decide unilaterally.
• Arbitration decisions are final and binding under Swiss law.
• The losing party pays a 10% dispute fee, deducted from held funds.
• Stripe fees are non-refundable.

Arbitration decisions have the same force as a mutual settlement agreement and cannot be appealed except where prohibited by law.

10. Refunds & Fee Handling

• Refunds are always net of Stripe fees (non-refundable).
• Platform fees (15%) are charged only on successful collaborations.
• In canceled or failed collaborations, only Stripe fees may apply.
• In partial deliveries, fees are prorated accordingly.

11. Prohibited Practices

The following are strictly prohibited:

• Circumventing payments or escrow;
• Requesting off-platform transactions;
• Uploading or distributing illegal, offensive, or copyrighted content;
• Misrepresentation or impersonation;
• Submitting falsified proofs of delivery.

Violation may result in account suspension or legal action.

12. Data Retention & Evidence

All collaboration data (contracts, messages, timestamps, payments) are logged and stored for a minimum of 24 months for legal traceability.

These logs may be used as evidence in case of arbitration or legal dispute.

13. Liability

Collabkick is not liable for:

• The content or quality of deliverables,
• Delays caused by third parties (e.g., shipping carriers, platforms),
• Indirect or consequential losses.

Collabkick's role is limited to fund management and arbitration as a neutral third party.

14. Updates to Rules

Collabkick may update these Rules at any time to improve clarity or reflect operational changes.

The most recent version is always available at www.collabkick.com/collaboration-rules.

Active contracts remain governed by the version in force at the time of their creation.