SundayUGC - Creator Terms of Service

Effective Date: September 12, 2025

Legal Entity: SundayUGC LLC – Florida, United States

  1. Introduction and Acceptance

These Creator Terms of Service govern all access to and use of the SundayUGC platform by Creators.
Registering an account, applying to Campaigns, or submitting Deliverables constitutes acceptance of these Creator Terms.

  1. Account Registration and Onboarding

(a) Initial Registration
To begin using the platform, a Creator must provide the minimum required information, including name, email address, and any other details requested during onboarding.

(b) Verification Review
After submission, SundayUGC moderators will review the provided information and attempt to verify the Creator’s identity and eligibility to the best of their ability using available public or internal resources.

(c) Access Grant
If the verification review is satisfactory, the Creator will be granted full access to the platform and all its features.
If verification is inconclusive or raises concerns, SundayUGC may request additional information or deny access.

(d) Ongoing Accuracy
Creators are responsible for keeping their account information accurate and up to date at all times.

  1. Jobs and Earnings

(a) Job Definition – A Job is created when a Brand accepts a Creator’s application to a Campaign or sends a direct Offer that is accepted.
(b) Prepaid Model – All Brand payments are prepaid via Tokens; Creators do not see or use Tokens.
(c) Payment Trigger – Creators receive payment only when Deliverables are approved by the Brand.
(d) Earnings Dashboard – The platform displays confirmed earnings and pending earnings for Jobs in progress.
(e) No Payment Without Approval – Submission of Deliverables alone does not entitle payment.

  1. Campaign Applications

(a) Discovery – Creators can browse active Campaigns on the platform.
(b) Applying – Creators may submit applications to Campaigns.
(c) Job Status – When an application is accepted, it becomes a Job and appears as such in the Creator dashboard.

  1. Job Workflow and Timelines

(a) Non-Physical Products – If Deliverables do not require product shipment, they must be delivered within 7 days of Job acceptance.
(b) Physical Products – If shipping is required, the 7-day delivery window begins when tracking confirms delivery of the product to the Creator.
(c) Review Window – Brands have 72 hours to review submitted Deliverables.
(d) Revision Cycle – If revisions are requested, Creators must resubmit within 7 days. Brands then have 72 hours to review again.
(e) Final Revision Limit – After a second revision cycle, SundayUGC will resolve any remaining disputes, and its decision will be final and binding.
(f) Watermark – All Deliverables remain watermarked until approval. Watermarks are removed only upon Brand approval.

(g) Additional Deliverables Requests – Brands may request additional content from a Creator during or after an active Campaign by sending an Offer specifying the type and number of Deliverables.
Creators may accept or refuse the Offer at their discretion.

If accepted, the Offer becomes a new Job, and the Creator must deliver the additional Deliverables within 7 days of acceptance, following the same timelines, review, and revision rules as the original Job.

 

  1. Intellectual Property Rights

(a) Ownership Transfer – Upon approval by the Brand, the Creator automatically assigns all rights, title, and interest in the Deliverables to the Brand.
(b) Rights Included – The assignment includes the right to edit, adapt, crop, remix, reformat, localize, combine with other materials, and create derivative works from the Deliverables, and to use the Creator’s name, likeness, and voice as they appear in the Deliverables.
(c) Waiver of Moral Rights – To the fullest extent permitted by law, Creators waive and agree not to assert any moral rights (including attribution or integrity) in the Deliverables. Where such rights cannot be waived, Creators agree not to enforce them against lawful Brand use.
(d) No Rights After Transfer – Once approved, the Creator retains no ownership or usage rights in the Deliverables.
(e) Survival – All provisions in this section survive termination of the Creator’s account.

  1. Confidentiality and Privacy

(a) Confidential Information – Creators may receive confidential information or Brand Materials and must not disclose or misuse them.
(b) Privacy – Creators must comply with all applicable data protection laws when handling personal data received through the platform.
(c) Survival – All confidentiality obligations survive termination.

  1. Warranties, Liability, and Indemnification

(a) Creator Warranties – Creators warrant that their Deliverables are original, legal, and do not infringe third-party rights.
(b) Risk Acceptance – Creators are solely responsible for the legality, accuracy, originality, intellectual property compliance, and overall lawfulness of their Deliverables.
(c) Release of Liability – By submitting Deliverables, Creators release and hold harmless SundayUGC and all of its affiliates, directors, officers, employees, contractors, and agents from all claims, losses, or liabilities related to how Brands use, edit, adapt, misrepresent, or distribute their Deliverables after approval, even if SundayUGC assisted in matching or briefing.
(d) Indemnification – Creators will fully indemnify and hold harmless SundayUGC and its affiliates, directors, officers, employees, contractors, agents, successors, and assigns from any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from:

  • use of the platform or Deliverables,
  • breach of these Terms,
  • infringement or alleged infringement of intellectual property rights,
  • violation of privacy or publicity rights,
  • breach of warranties,
  • failure to obtain necessary licenses, consents, or permissions, or
  • any dispute between a Creator and a third party.

Creators must cooperate fully with SundayUGC in the defense of any claim and may not settle any claim without SundayUGC’s prior written consent.


(e) Limitation of Liability – To the maximum extent permitted by law, SundayUGC is not liable for any loss, damage, or harm arising from use of the platform or services.
This includes, without limitation, any loss of time, income, revenue, profit, business opportunities, goodwill, reputation, data, or other intangible losses, whether the damage is direct, indirect, incidental, consequential, punitive, or exemplary, even if SundayUGC was advised that such damage might occur.

If liability cannot be excluded under applicable law, SundayUGC’s total aggregate liability to a Creator (and any third party acting through the Creator) is capped at $500, regardless of the number of claims.

  1. d) Creator Responsibility – SundayUGC is not responsible for the actions, commitments, or performance of any Brand.
    All agreements for Deliverables are made directly between the Creator and the Brand.
    SundayUGC does not guarantee that any Brand will proceed with a Job, provide required materials or products, approve or pay for Deliverables, or fulfill their obligations.
    SundayUGC is not liable if a Brand cancels an agreement, fails to provide necessary materials, refuses to approve Deliverables, or breaches their terms.


(f) Survival – All obligations in this section survive termination.

  1. Payments

(a) Payment Timing – Payments are released to the Creator’s selected withdrawal method only after content approval.
(b) Fraud Prevention – SundayUGC may delay payouts if fraudulent activity is suspected.

  1. Conduct Standards

(a) Compliance – Creators must comply with all applicable laws, advertising regulations, and platform policies.
(b) Prohibited Content – Deliverables must not contain illegal, hateful, harassing, or obscene material.
(c) Platform Integrity – Any attempt to manipulate platform systems, reviews, or payments is prohibited.

  1. Platform Exclusivity and Non-Circumvention

For 12 months after the later of (i) a Job’s completion or (ii) the last communication with a Brand, Creators must not solicit or accept work from that Brand outside the platform.
This obligation applies to any agencies or affiliates representing the Creator and survives termination.

  1. Suspension and Termination

(a) Grounds for Suspension
SundayUGC may suspend, restrict, limit access or completely terminate a Creator account if necessary to protect the platform, its users, or the public.
Grounds for suspension include, without limitation:

  • breaching these Terms or any applicable law
  • providing false, misleading, incomplete, or fraudulent information
  • making warranties or statements that are or become untrue
  • repeatedly failing to submit Deliverables within required timelines
  • submitting Deliverables that clearly fail to meet agreed scope or instructions
  • abusing platform features (such as making clearly unfounded complaints)
  • refusing to provide information required to verify eligibility
  • jeopardizing platform security or functionality
  • threatening the interests of SundayUGC, Brands, other Creators, or third parties
  • acting in a way that requires suspension under law or by request of authorities
  • engaging in conduct that these Terms explicitly allow to be grounds for termination

(b) Notice Before Action
Unless urgent circumstances make immediate suspension necessary, SundayUGC will provide notice of the suspension, explain the reason, and where feasible offer an opportunity to correct the issue before taking further action.

(c) Right to Appeal
A Creator may appeal a suspension by submitting a written appeal to SundayUGC. SundayUGC will review the appeal in good faith and may reinstate access if the suspension is found to be made in error or is no longer necessary.

(d) Duration of Suspension
A suspension will remain in effect until the underlying reason is resolved or removed. After that, SundayUGC may either restore access or terminate the account permanently.

(e) Survival – All obligations in this section survive termination.

  1. Dispute Resolution and Governing Law

(a) Internal Complaints
Any disputes, concerns, or objections relating to SundayUGC’s decisions-including account restrictions, removals, suspensions, or terminations-must be submitted in writing to SundayUGC within six months of the decision.
Complaints must include enough details (such as links, files, or screenshots) to allow proper investigation.

(b) Investigation and Response
Once sufficient information has been received, SundayUGC will review the complaint in a timely, fair, and impartial manner and will provide a written decision within 15 business days.
If the complaint is found valid, SundayUGC may reverse or amend the decision.

(c) Optional Mediation or ADR
If a dispute is not resolved through the internal process, either party may attempt to resolve it using voluntary mediation or another recognized alternative dispute resolution (ADR) method before going to court.
ADR is optional and non-binding unless otherwise agreed in writing.

(d) Preservation of Legal Rights
Nothing in this section limits any party’s right to pursue legal remedies in court if a dispute cannot be resolved informally.

(e) Governing Law
These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law principles.

(f) Jurisdiction
Any legal action or proceeding relating to these Terms must be brought exclusively in the state or federal courts located in Florida, unless otherwise required by mandatory law.

  1. Illegal Content

(a) Reporting Illegal Content
Any user who encounters content on the platform that may be illegal may report it to SundayUGC.
Reports must include:

  • a direct link or other clear reference to the content
  • an explanation of why the content may be illegal
  • the reporter’s name and contact details
  • any supporting information or evidence

Reports must be submitted in good faith and only when there is a genuine belief that the content violates the law.

(b) Review Process
SundayUGC will review reported content promptly, fairly, and in line with applicable law and internal policies.
If content is determined to be illegal, SundayUGC may remove or disable access to it and may take further enforcement action against the account responsible.
If the reporter provided contact details, SundayUGC will confirm receipt of the report and later inform them of the outcome.

  1. Platform Changes

SundayUGC may, at any time and without prior notice, change, update, or discontinue any part of the platform or its services, including features, functionality, content, or payment methods, if considered necessary for operational, technical, or business reasons.

During maintenance, updates, or other preventative work, SundayUGC may temporarily limit or suspend access to the platform or to specific accounts.
Notice of such changes or downtime may be provided through a general message on the platform but is not guaranteed.

  1. Miscellaneous

These Terms constitute the entire agreement between SundayUGC and Creators.
If any provision is held invalid, the remainder remains enforceable.
No delay in enforcement constitutes waiver.
SundayUGC may assign these Terms in connection with a merger, acquisition, or sale of assets.
Notices may be delivered via email or platform messages.

  1. Changes to These Terms

SundayUGC may amend these Terms from time to time.
Any updated version will be posted on the platform with a revised “Effective Date.”
Continued use of the platform after the updated Terms take effect will constitute acceptance of the new Terms.
If a Creator does not agree with the updated Terms, they must stop using the platform.

  1. Monitoring

SundayUGC may, but is not obligated to, monitor activity on the platform to ensure compliance with these Terms and applicable law, protect the rights and safety of users, and maintain the security and proper functioning of the platform.

SundayUGC may take any action deemed necessary to enforce these Terms, including reviewing or removing content, restricting or suspending accounts, or reporting unlawful activity to authorities.
SundayUGC may also delete or edit data or unregister accounts if needed to protect the platform and its users.

 

  1. Miscellaneous

(a) Entire Agreement
These Terms represent the entire agreement between the Creator and SundayUGC regarding the use of the platform and supersede any prior agreements or understandings.

(b) Severability
If any part of these Terms is found to be invalid or unenforceable, the remaining parts will stay in full force and effect.

(c) No Waiver
A delay or failure to enforce any part of these Terms will not be considered a waiver of that right or of any other rights.

(d) Assignment
Creators may not assign or transfer their rights or obligations under these Terms without SundayUGC’s prior written consent.
SundayUGC may assign or transfer these Terms freely, including as part of a merger, acquisition, or sale of assets.

(e) Notices
SundayUGC may send notices by email, platform notifications, or other reasonable means.
Creators are responsible for keeping their contact details current.