Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the Collabkick transaction and collaboration management platform (the "Platform" or "Service"), operated by Sycom Agency SARL, a Swiss company registered in 1630 Bulle, Switzerland.

By accessing or using the Platform, you ("User", "you", "your") agree to be legally bound by these Terms.

If you do not agree, you must stop using the Service immediately.

2. Definitions

In these Terms:

• "Brand" means any business or individual that creates a collaboration contract on the Platform.
• "Creator" means any influencer, content creator, or UGC provider who participates in a collaboration.
• "Collaboration" means a digital contract between a Brand and a Creator executed via the Platform.
• "Deliverables" means the creative outputs (e.g., video, photos, stories) specified in the contract.
• "Deposit" means the refundable amount placed by a Creator when a physical product is sent.
• "Escrow" means the temporary holding of funds by Stripe Connect until contractual conditions are fulfilled.
• "Funds" refers to all monies held in Stripe escrow accounts under a Collaboration ID.
• "Platform Fee" means the service fee charged by Collabkick for each completed collaboration.
• "Dispute" means any disagreement between the Brand and the Creator regarding delivery, validation, or payment.
• "Arbitration" means the internal resolution process conducted by Collabkick according to Article 11.
• "Collaboration Rules" refers to the operational rules governing deliveries, deadlines, and disputes, available at www.collabkick.com/collaboration-rules.

3. Conditions of Use

To use the Platform, you confirm that:

• You are at least 18 years old;
• You will only use the Service for lawful business purposes;
• You have the authority to represent and bind your company (if applicable);
• You provide accurate, complete, and current information;
• You will not impersonate another person or entity;
• You comply with all applicable laws, including advertising and consumer laws.

4. Account Registration & Verification

To access the Platform, Users must register a Collabkick Account and provide:

• Name, email, address, phone number,
• Business name (if applicable),
• Payment details (via Stripe Connect).

All payment processing is handled by Stripe Connect, subject to the Stripe Services Agreement. By using Collabkick, you also agree to Stripe's Terms of Service.

We may require additional verification (KYC) and may suspend or refuse service if verification fails or is incomplete.

Users may request account deletion via contact@collabkick.com. However, data related to existing or past collaborations will be retained as required by law.

5. Service Description

Collabkick provides a secure escrow and contract automation system that enables Brands and Creators to collaborate safely.

The Platform allows:

1. Creation of digital collaboration contracts,
2. Secure escrow deposit and payment handling,
3. Automatic progress tracking and notifications,
4. Internal mediation and arbitration in case of dispute.

Collabkick does not act as an employer, agent, or legal representative of either party.

6. Payment Infrastructure (Escrow System)

7. Collaboration Lifecycle

Each collaboration follows these steps:

1. Contract creation — by the Brand, defining terms, deliverables, deadlines, and deposit.
2. Creator acceptance — by paying the required Deposit via Stripe Connect.
3. Product shipment — Brand sends product (if applicable).
4. Delivery — Creator uploads or submits deliverables.
5. Validation — Brand reviews and accepts/rejects content.
6. Auto-approval — If no response within 7 days, validation is automatic.
7. Payment release — Escrow funds are released according to outcomes (see Rules).

Timeframes may be customized per contract, but the default structure is 60 days for delivery and 7 days for validation.

8. Cancellation & Refunds

9. Disputes and Mediation

Either party may initiate a Dispute within 7 days of content delivery or validation.

10. Automated Contract Links (Premium Feature)

Brands may use the Automated Contract Link feature to generate public collaboration offers.

• Each link represents a binding contract offer.
• When a Creator clicks the link and pays the Deposit, the payment constitutes acceptance and execution of a new contract.
• A new Collaboration is automatically created on the Platform.
• Modifications to a link affect only future contracts.
• Collabkick may suspend or deactivate any link that contains misleading, illegal, or abusive content.

11. Arbitration (Internal Resolution Process)

12. Liability and Limitations

Collabkick is not responsible for:

• The quality, legality, or timing of deliverables,
• Losses due to user negligence, communication errors, or third-party delays,
• Any indirect, consequential, or business loss.

Our total liability shall never exceed the total fees paid to Collabkick for the disputed collaboration.

13. Personal Data & Privacy

Collabkick collects and processes user data to operate the Platform. All data is stored and processed in compliance with:

• The Swiss Federal Data Protection Act (LPD), and
• The EU General Data Protection Regulation (GDPR).

Data may be shared with Stripe or similar service providers strictly for operational purposes. Sensitive data (IDs, invoices) are encrypted and stored securely.

14. Suspension & Termination

Collabkick may suspend or terminate accounts in cases of:

• Fraud, chargebacks, or abusive disputes;
• Misuse of the Platform;
• Illegal or prohibited activity.

Users may request termination at any time by contacting contact@collabkick.com. Ongoing funds will be distributed according to active contract rules.

15. Collaboration Rules Reference

All collaborations executed on the Platform are governed by the Collabkick Collaboration Rules, available at: www.collabkick.com/collaboration-rules

These Rules define the operational framework for:

• Deliveries, validations, and auto-approvals,
• Partial payments, cancellations, and refunds,
• Dispute timeframes and evidence requirements.

By accepting a contract, Users automatically agree to these Rules.

16. Modifications & Updates

Collabkick reserves the right to update these Terms or service features at any time. Users will be notified at least 30 days in advance by email or via Platform notifications. Continued use of the Service after this period constitutes acceptance of the new Terms.

17. Force Majeure

Neither party shall be held liable for delays or failure to perform obligations due to events beyond their reasonable control, including but not limited to natural disasters, cyberattacks, wars, or third-party service outages (including Stripe).

18. Governing Law & Jurisdiction

These Terms are governed by Swiss law. Any dispute shall be subject to the exclusive jurisdiction of the courts of Fribourg, Switzerland, after internal mediation and arbitration have been attempted.