CreatorPay terms of use.

Creator Pay Terms Of Use.

Your Account
To summarize: You must be at least 13 years old to register for an account or have your parents/ guardian’s consent. You are responsible for your account.

When you create an account you must provide us with accurate information, in good faith, and you agree to keep your information updated if it changes.

To create an account you must be at least 13 years old. To join a creator’s membership as a creator-supporter, or provide a membership as a creator, you must be at least 18 years old or have your parent’s permission.

You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please CONTACT US immediately if you believe your account is compromised.

Abusive Conduct
To summarize: Be responsible and don’t violate our policies.

You are responsible for all activity on your account. If you violate our policies we may terminate your account.

Don’t do anything illegal, abusive towards others, or that abuses our site in a technical way. If you are a creator raising funds on Creator, we may be held accountable for what you do with those funds. As a result, we may also look at what you do with your membership off our platform.

All about being a creator using creator pay
 A creator, in this context, is someone who offers fan support to their audience via our platform. There are a lot of details here involving payments, fees, taxes and restrictions that you should read in full if you are a creator.

Membership:

To become a creator simply launch your page to start your fan support for your most passionate fans. You’re inviting them to be part of something exciting that gives them unique benefits they want, like additional access, merchandise, exclusivity, and engaging experiences. In exchange, your fans send you voluntary contributions.

Payments:

As a creator you make sign up on creator, get a dedicated fan-support link that you distribute on your content distribution platforms. Payments made to your account are yours, less our 10% that covers the platform fee & the payments processing fee.

We try to provide timely access to your funds, usually within 24hours,  but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us. In order to protect creators, we may block supporters payments if we believe them to be fraudulent.

Fees:

As a creator there are two fees associated with your membership on Creator. The first is the platform fee & the second is the payment processing fee. For both we charge a standard 10% of total funds collected.

You can see how much you have raised via your dashboard.

Tax:

Creator DOES NOT deal with your TAX. As a creator on our site, it is your responsibility to provide accurate information to the relevant tax authority in your region. Also, just be a responsible citizen & file/ pay your taxes.

Restrictions:

We don’t allow creations and benefits that violate our policies. A summary of those rules is that we don’t allow:

  • Illegal creations or benefits.
  • Creations or benefits that are abusive towards other people.
  • Creations or benefits that use others’ intellectual property, unless you have written permission to use it, or your use is protected by fair use.
  • Creations or benefits with real people engaging in sexual acts.
  • Benefits that involve raffles or prizes based on chance.

If your fans include people under the age of 18, then please remind them that they need permission to support you, and those under the age of 18 cannot use Creator.

An account is tied to your creative output and cannot be sold or transferred for use by another creator.

Revenue share & fees

Platform Fee:

This fee covers the use of the  Creator platform. We charge a total platform fee of 10% of successfully-processed payments, i.e processing fee plus payout fee.This means that we only take money if the creator is making money.

This funds are paid from your creator wallet to your MPESA Wallet, bank, or PayPal account.

Total Fee: 10% [ No Hidden costs ]

Our role
We proactively look at reported creators to identify potential violations of our guidelines, this is  to make sure creators follow our Community Guidelines and Benefit Guidelines. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through Creator.

In most situations we will work with creators to resolve any potential violations and allow the creator to continue using our platform. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.

Creator reserves the right to remove a creator or block a supporter from participating in any form of creator support. Removal of the creator or supporter from participation will prohibit the creator from accepting any payments, and prohibit the patron from making any contributions.

We are constantly testing out new features with the goal of making Creator better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these terms, then we explain those differences in the test.

Account deletion
We can disable your account at our discretion.

We can terminate or suspend your account at any time at our discretion.

You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs.

These terms remain in effect even if you no longer have an account.

Indemnity
If we are sued because of your use of or conduct on Creator or use of our product, you have to pay for it.
 
Be a responsible creator.

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Creator.

Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Limit of liability
If you lose money as a result of using Creator, any payment to you is limited to the amount of money we have earned through your use of Creator.

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Creator.

 

To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Creator. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements.

For this clause “we” and “our” is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

Dispute resolution
If you have a problem please talk to us, but you are limited in how you can resolve disputes. You waive your right to trial by jury and your right to participate in a class action proceeding.

We encourage you to contact us if you have an issue. If a dispute does arise out of these terms or related to your use of Creator, and it cannot be resolved after you talk with us, then it must be resolved by arbitration.

Judgment on the arbitration may be entered in any court with jurisdiction. Arbitrations may only take place on an individual basis. No class arbitrations or other other grouping of parties is allowed. By agreeing to these terms you are waiving your right to trial by jury or to participate in a class action or representative proceeding; we are also waiving these rights.

Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for consumer arbitrations done under these terms. For the purpose of an arbitration subject to the consumer standards, if any portion of these terms do not follow that standard, that portion is severed from these terms.

This clause does not limit either party’s ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data or to enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension or termination of another person’s account. In any such action, the court rather than an arbitrator must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.

Governing law
Any disputes with us must be resolved in Nairobi under Kenyan law.

Kenyan law, excluding its conflict of law provisions, governs these terms and all other Creator policies. If a lawsuit does arise, both parties consent to the exclusive jurisdiction and venue of the courts located in Nairobi, Kenya.

Everything else.
To summarize: These terms are the final word on Creator’s policies and we will tell you if we change them.

These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.

We may sometimes make changes to these terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use Creator after a change means you accept the new terms or policies.

If you use accessibility tools and have questions or concerns, please contact us at info@creator.co.ke

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