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Creator Contract

This agreement is a legal contract between you and us. You acknowledge that you have read, understood, and agree to be bound by the terms of this agreement. If you do not agree to this agreement, you should not use our website. Please take a look at our privacy policy too—it explains how we collect and use your information.

This site is owned and operated by VISIONAIRE LIMITED, a company incorporated and registered in England and Wales with company number 1231951 whose registered office is at 55 Colmore Row, C/O WeWork, Birmingham, England, B3 2AA (hereafter "Visionaire," "we," "our," "us"). If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us at [email protected] or 020 4587 3147.

In this agreement references to "creator," "you," "yours" mean you.

Definitions

Content: means material you upload to our website for your followers to view

Creator: means a user, you, who sets up an account on our website with the aim of sharing, promoting and/or posting content to our site.

Follower: means a user that follows a Creator on the site

User: means any user of the website

Your Account: means creating an account that includes a username and password

Your Access to our Website

Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: (1) suspend your access to our site, (2) suspend or terminate Your Account, and/or (3) remove any of your Content from our website.

We reserve the right to monitor our website, and your use of the service means you agree to such monitoring. At the same time, we do not guarantee we will monitor at all.

You agree not to interrupt the serving of our site, introduce malicious code onto our site, make it difficult for anyone else to use our site due to your actions, attempt to manipulate or reverse engineer our site’s systems, or assist anyone in misusing our site in any way.

Third Party Sites and Links

Our site is a place with many third-party hyperlinks posted by Users like you. We are not responsible for the content or actions of any third-party websites or services associated with posted links. You agree to take sole legal responsibility for any links you post, and neither this agreement nor our privacy policy applies to any content on other websites related to those links. You should consult the terms and privacy policies of those other websites to understand your rights.

Endorsement of User Content

We take no responsibility for, and we do not expressly or implicitly endorse, and we do not assume any liability for any user content submitted by you to our site through any means.

Your Account

You are solely responsible for the information associated with Your Account and anything that happens related to Your Account.

You may not license, transfer, sell, or assign Your Account without our written approval.

Our Age Requirement & Verification

Our site is not recommended and/or directed at people under the age of 18. Only Users and/or Creators over the age of 18 may use or post content to our site, and we do not knowingly collect any personal information from people under the age of 17. If you know that a User under the age of 18 is accessing our site, please contact us via Live Chat or [email protected].

Grant of License

By submitting Content to our site, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your Content in any medium and for any purpose, including commercial purposes, and to authorize others to do so.

You agree that you have the right to submit anything you post, and that your Content does not violate the copyright, trademark, trade secret or any other personal or proprietary right of any other party.

Payment

Creators will be responsible for setting their own subscription fees for any Content they upload to our site.

Creators will receive between 80 - 88% of their total earnings depending on the creator plan type chosen. For the first 3 months only, on the ultra-Plan, fees are reduced to 15% (usually 20%) with the understanding and agreement that creators remain on this plan level for 12 months before being able to downgrade to Pro or Classic.

Creators also have the option of choosing our other plans. Creator Classic with 12% fees or Creator Pro with 15% fees. Both these plans have restricted features exclusive to each plan type. It should also be noted an agreed that each plan type has a max upload limit for Video content. The limits are as follows: Creator Classic 20 Minutes per Upload, Creator pro 30 Minutes per upload, Creator Ultra 90 Minutes per upload.

Pay outs are calculated from Monday to Sunday earnings, and subsequently held for 7 (seven) days before payments are made to Creator’s designated bank accounts in the UK or internationally, or via COSMO. Payment processing times may differ, and bank processing fees are out of our control, if you have any question about payments please contact us at [email protected].

Paid for Services

All transactions are processed by Axcess. Payments on your statements will be debited by WYI-smthub.uk. In the event that you do not recognize them, please contact the WYI team at [email protected] or on 020 4587 3147.

Our fees are chargeable in Great British Pounds (GBP), and any exchange fees/settlements will be determined by the agreement between you and your bank or credit or debit card issuer.

All successful transactions incur a £0.50 (fifty pence) transaction fee + VAT. For absolute clarity, all transactions are: Total Cost + 0.50 fee + VAT.

The following deductions will also be made from the total monthly earnings:

  • User chargeback fee £10- £40 (ten pounds, forty pounds) per instance
  • Identity verification £5 (five pounds) one time
  • Co-creator consent – each creator will be charged a fee of £1 for each video they upload which requires a co-creator’s consent.

These costs will form part of extra liabilities shown on creator earnings statements.

We will bear no liability for paying any bank charges or currency conversion fees for any payments made to you at any time, and you agree that you shall bear sole responsibility for all such applicable payment charges.

You acknowledge that we do not guarantee that any subscriptions, purchases of Content, or tips will be received by the Creator at any time, and that all subscriptions, purchases, and tipping are optional to users of the Website.

Payment of the Compensation shall only be made if the minimum payout amount has been reached. Depending on the then available payment methods, the amount of the minimum payout may vary per payment method. Any amount below the minimum payout amount will be carried over until the minimum payout amount has been reached and will be paid on the next following payment date.

You confirm and agree that any breach or violation of Terms and Conditions will result in your account being blocked by us, and any outstanding Compensation shall be withheld by us and shall not be paid to you as the Creator. You shall not have any claim in relation to such outstanding Compensation.

Notwithstanding anything in this Agreement to the contrary, we, in our sole and absolute discretion, have the option from time to time to change the scheme of the Compensation, including but not limited to the method of calculation of the Compensation. At least seven (7) days prior to the change of the scheme, we shall notify you of such change. You shall have the right to reject such change by providing a written termination notice for this Agreement to us at least three (3) days before the change becomes effective. If you continue to appear on the Website following the 7 days’ notice given by the Operator, then it shall be considered as full and unconditional acceptance of the amendments by the Creator.

You have the option to choose the account that will receive the Compensation. If the account is under the name of a third party or if the account is a joint account, then we, at our sole discretion, may request identification documents for the third party and/or joint owner. If the Creator fails to provide such identification documents, we may not process the payment of the Compensation with no further liability to the Creator.

VAT

We recommend that you seek professional advice to ensure you are compliant with your local Tax and VAT rules, based on your individual circumstances.

By using Whoyouinto, you warrant (which means you make a legally enforceable promise) that you have reported and will report in the future the receipt of all payments made to you in connection with your use of Whoyouinto to the relevant Tax authority in your jurisdiction, as required by law.

By using Whoyouinto, you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Tax which apply to you. If, at any point while you have a Whoyouinto account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, enquiry, or investigation is commenced against you that is in connection with, or which may lead to, any occurrence of Tax non-compliance, you agree that you will:

  • Notify us by email to [email protected] in writing within 10 days of the occurrence of the Tax non-compliance or the commencement of the litigation, enquiry, or investigation (as applicable); and
  • Promptly provide us by email to [email protected] with:
    • Details of the steps which you are taking to address the occurrence of the Tax non-compliance and to prevent the same from happening again, together with any mitigating factors that you consider relevant; and
    • Such other information in relation to the occurrence of the Tax non-compliance as we may reasonably require.

For the avoidance of doubt, you are responsible for your own Tax affairs, and we are not responsible for advising you on your Tax affairs and will not be liable in respect of any general information provided on whoyouinto.com or by [email protected] in respect of Tax, and will not be liable for any non-payment of Tax by uploading users.

We reserve the right to close your Whoyouinto account if we are notified of or become aware of any Tax non-compliance by you.

UK VAT and UK established Users:

For the purposes of UK VAT only, you are treated as providing services to Whoyouinto, rather than to users directly. If you are registered for UK VAT:

  • You will be treated, for VAT purposes, as charging Whoyouinto your Earnings (88-80% of all and any user Payments, plan dependent), together with UK VAT at the prevailing rate in force at the time of the user Payment;
  • You agree to use the Whoyouinto VAT invoice generator tool which can be found at https://whoyouinto.com/creator/dashboard to generate monthly VAT invoices, addressed to Visionaire Limited, in respect of your Earnings for the relevant period together with the VAT on such earnings.

The VAT element added to your earnings (the "VAT Amount") will be paid to you by way of a separate payment outside of your regular earnings, provided that you must have submitted to us copies of the following before payment of the VAT Amount will be made to you:

  • Your VAT registration number
  • A valid VAT invoice generated and submitted using the Whoyouinto VAT invoice generator tool and uploaded using the same generator; and
  • A VAT return made to HM Revenue & Customs, including a value of taxable supplies equal to or greater than the aggregate value of your earnings for the relevant period. You can find the monthly earning details at https://whoyouinto.com/creator/earning.

Payment of VAT Amount

You shall pay the VAT Amount, which is paid to you directly, to HM Revenue & Customs.

If you need any further information or assistance on what is needed in order to receive the VAT Amount, you can email [email protected].

More information on who is required to register for VAT in the UK, and the VAT position for uploading users whose earnings are not above the earnings threshold or who are not VAT registered can be found at https://blog.whoyouinto.com and in the following guidance from HM Revenue & Customs in the UK at https://www.gov.uk/vat-registration/when-to-register.

You agree that you will keep copies of all VAT invoices and VAT returns in connection with your earnings from Whoyouinto, and you will provide us with copies of such documents within 14 days of our written request that you do so. For the avoidance of doubt, it is your obligation to comply with all provisions of VAT legislation and make, give, obtain, maintain and keep accurate, complete, and up-to-date records, invoices, accounts, and other documents required for the purposes of the VAT legislation.

If you are in the UK and not required to register for UK VAT, then you should monitor the level of taxable sales that you make in the UK to ensure you have not exceeded the VAT registration threshold in the UK. It is your obligation, as a taxable person, to monitor whether you have exceeded the VAT registration threshold.

We do not monitor earnings that you may receive from other income sources. However, we will monitor the annual earnings of UK creators on our platform, and if you are not already VAT registered and your earnings exceed the VAT registration threshold, you will receive a notification from us asking you to register for VAT. If you receive such a VAT registration notification, you agree to register for VAT as soon as possible and to send your VAT registration number to us at [email protected] within 6 weeks of such notification. Failure to do so may result in your account being closed.

Appearance by Third Parties

You shall not permit any third parties to appear naked or otherwise on the Website on Creator's account or Content unless such third party has also been approved to appear on the Website by our Identity Services Partner.

If you upload any content showing another Creator, you are solely responsible for obtaining any required licenses or consents from any other Creator of the Content, which are sufficient to permit such Content to be uploaded to and made available on the Website.

You agree that we will only pay the Compensation to the account of the Creator to which the Content is uploaded. The Creator who uploaded the Content is solely responsible for dividing and distributing any revenue generated from the Content between the Creators shown in such Content. Any such revenue-sharing agreement shall be an independent, private agreement between Creators, and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Compensation earned on any Content in which you appear but which is posted on another Creator's account. If you post Content on your account, we may require you to provide valid and complete legal information for all individuals who appear in the Content. If you fail to provide any information requested by us upon our request, we may delete the Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Compensation earned but not yet paid out to you.

Inactive Accounts

We reserve the right, at our sole discretion, to delete any accounts on our website which have been inactive for a period of 3 months.

We reserve the rights and at our sole discretion to terminate Creator's right to use the Website. In such a case, Creator hereby expressly accepts, agrees, and acknowledges that any remaining balance in Creator's account will be abandoned and cannot subsequently be recovered. For the avoidance of any doubt, if the Creator does not log in to the account for a period of 3 months, their account will be categorized as inactive.

Anti-Bribery and Money Laundering

During the term of this agreement, you agree to comply with all applicable laws, statutes, regulations relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act 2010.

Visionaire Policies

By clicking accept, you agree to comply with:

You consent to us carrying out background checks in order to confirm you are who you say you are. Our checks will include checking your identification documents, capturing your image, and checking your supporting documents where we have requested them. Your personal data will be stored for a period of six years after you close your account with us, following which all your data will be destroyed. This is a requirement from HMRC. All non-essential information will be destroyed after 12 months in accordance with GDPR Regulations.

You agree that your data will be shared with Yoti Identification services for KYC checks (identity verification) and AML checks (sanctions and adverse media).

You agree that your data will be shared with our Banking Partners and Payout Processors for delivering our services to you.

You also agree that your content will pass through our partnered Data Centers, Servers, CDN Network partner, and our Uploading Content Partners.

You agree to all uploaded content being submitted for moderation before they can be published on our site. Moderation is carried out by artificial intelligence, some of our moderators are people too. All video and image content is reviewed before it is posted in order to prevent crime, and that you have complied with our Acceptable Use Policy.

To carry out moderation, we check the following:

  1. Posts to feed
  2. Stories
  3. PPV
  4. Profile Images
  5. Reels
  6. PPV in user chat
  7. Video Store Uploads
  8. Any additional features not yet implemented within the application that allow uploading of any user-generated content

Any Content that does not comply with our Acceptable Use Policy will be rejected, and where a crime has been carried out, immediately reported to the relevant authorities.

We reserve the right to suspend, terminate, and ban Users and/or Creators for misuse of our site or breach of any of our policies.

Acknowledgement and Waiver

We do acknowledge, but in no way do we endorse, any engagement by you in any sexual acts with third parties on the site. In the event that you do engage in sexual acts with a User, Follower, or third party on the site:

  1. You agree to provide to us, the relevant third party, User, or Follower, fourteen (14) days prior to the performance, with a true, correct, and unaltered copy of the results of tests for Human Immunodeficiency Virus (H.I.V) and other standardized industry tests for sexually transmitted diseases performed at an accredited clinic, showing that you are not infected with any such diseases.
  2. You agree to personally inspect the test results of any co-performer with whom you are to perform or engage in any sexual acts and to desist from undertaking any performance where you have doubts as to the acceptability or validity of that co-performer's documentation.
  3. You agree to waive any obligations that we may have to ensure that any co-performers are free of communicable disease or to ensure your physical safety.

Indemnity

All the things you do and all the information you submit or post to our site remain your responsibility. You agree that you will not hold us legally liable or responsible for any of your user content or actions that infringe the law or the rights of a third party or person in any way.

Specifically, you agree to hold us, our affiliates, officers, directors, employees, agents, and third-party service providers harmless from and defend us against any claims, costs, damages, losses, expenses, and any other liabilities, including attorneys' fees and costs, arising out of or related to your access to or use of our website, your violation of this user agreement, and/or your violation of the rights of any third party or person.

Warranties

Our website is provided "as is" and without warranty of any kind. To the maximum extent permitted by law, we and our affiliates and third-party service providers disclaim any and all warranties, express or implied, including (but not limited to) implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, or any other warranty, condition, guarantee, or representation, whether oral or electronic. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that our website will always work properly.

Limitation of Liability

We will not be liable for any special, consequential, indirect, incidental, punitive, reliance, or exemplary damages, whether in tort, contract, or any other legal theory, arising out of or in any way connected with this agreement or your use of or attempt to use our site, including (but not limited to) damages for loss of profits, goodwill, use, or data. This limitation on liability shall not be affected even if we have been advised of the possibility of such damages.

You agree to release us, our affiliates, and third-party service providers, and each associated director, employee, agent, and officer, from claims, demands, and damages (actual and consequential), of every kind and nature, known and unknown, disclosed or undisclosed, arising out of or in any way connected to your use of our site.

Our total liability to you under this agreement is limited to £100 (one hundred pounds).

Privacy

We take the protection of your data very seriously. This data protection clause explains how we will use the personal data that you provide to us or via an online application or that we have obtained about yourself through our use of the personal data that you will provide to use. The categories of information that we may collect about you are as follows: name, address, e-mail address, telephone number, date of birth, driving licence number, bank details, and any ID documents required to be provided by you (such as Passport, ID Card, utility bills) and information we have obtained from fraud prevention agencies.

From time to time, we may require other forms of personal information as required to comply with legal or regulatory requirements or for the adequate management of your agreement.

If you fail to provide us with the mandatory information that we request from you, we may not be able to properly manage the agreement we have with you (for example, it may have an impact on our ability to assist you with any queries) and may eventually result in us taking action in accordance with the Terms of Service, including termination of your account.

General

Force majeure. Neither party shall be in breach of this agreement nor liable for delay in performing or failure to perform any of its obligations under this agreement if such delay or failure results from events, circumstances, or causes beyond its reasonable control. If the period of delay or non-performance continues for fifteen (15) days, the party not affected may terminate this agreement by giving ten (10) days' written notice to the affected party.

Confidentiality.

(a) Each party undertakes that it shall not at any time or at any time during this agreement, and for a period of five years after termination of this agreement, disclose to any person any confidential information concerning the business, affairs, customers, clients, or suppliers of the OWNER [or of any member of the group to which the OWNER belongs, except as permitted by sub-clause (b). For the purposes of this clause, group means, in relation to a party, that party, any subsidiary or holding company from time to time of that party, and any subsidiary from time to time of a holding company of that party.

Confidentiality

(b) Each party may disclose the other party's confidential information:

  1. to its employees, officers, representatives, or advisers who need to know such information for the purposes of exercising the party's rights or carrying out its obligations under or in connection with this agreement. Each party shall ensure that its employees, officers, representatives, or advisers to whom it discloses the other party's confidential information comply with this clause; and
  2. as may be required by law, a court of competent jurisdiction, or any governmental or regulatory authority.

(c) No party shall use any other party's confidential information for any purpose other than to perform its obligations under this agreement.

Entire agreement

(a) This agreement constitutes the entire agreement between us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.

(b) Each party agrees that it shall have no remedies in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in this agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation [or negligent misstatement] based on any statement in this agreement.

Variation

No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorized representatives).

Waiver

No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Severance

If any provision or part-provision of this agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

If any provision or part-provision of this agreement is deemed deleted under clause 13.6(a), the parties shall negotiate in good faith to agree on a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

Further assurance

Each party shall, and shall use all reasonable endeavors to procure that any necessary third party shall, promptly execute and deliver such documents and perform such acts as may reasonably be required for the purpose of giving full effect to this agreement.

Notices

(a) Any notice or other communication given to a party under or in connection with this agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first-class post or other next working day delivery service, commercial courier, or email at [email protected]

(b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause (a); if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by email, one Business Day after transmission.

(c) The provisions of this clause do not apply to the service of any proceedings or other documents in any legal action.

Third party rights

No one other than a party to this agreement shall have any right to enforce any of its terms.

Governing law

This agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.

Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.

Each party agrees to sign this Agreement by electronic signature (whatever form the electronic signature takes) and that this method of signature is as conclusive of our intention to be bound by this Agreement as if signed by each party's manuscript signature.

Name:

Address:

IN WITNESS WHEREOF, the undersigned Creator has executed this Agreement as of Effective Date : Mon Oct 30 2023

Please Sign