Effective Date: September 12, 2025
Legal Entity: SundayUGC LLC – Florida, United States
These Brand Terms of Service govern all access to and use of the SundayUGC platform by Brands.
Accessing the platform, creating campaigns, approving deliverables, or otherwise engaging with Creators constitutes acceptance of these Brand Terms.
(a) Initial Registration
To begin using the platform, a Brand must provide the minimum required information, including name, email address, company name, and company website.
(b) Verification Review
After submission, SundayUGC moderators will review the provided information and attempt to verify the Brand’s identity and authorization to the best of their ability using available public or internal resources.
(c) Access Grant
If the verification review is satisfactory, the Brand 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
Brands are responsible for keeping their account information accurate and up to date at all times.
(a) Prepaid Tokens– Brands can purchase Packs that contain a fixed number of prepaid Tokens.
(b) Token Usage– A Token is consumed only when a Brand accepts a Creator’s application to a Campaign (creating a Job) or sends an Offer to a Creator.
(c) No Token Use for Campaign Creation– Posting Campaigns or receiving applications does not consume Tokens.
(e) Enterprise Plans
In addition to Packs, SundayUGC offers custom Enterprise Plans for Brands with high-volume or specialized content needs.
Brands interested in an Enterprise Plan may request details by contacting SundayUGC at the official support email address.
Specific pricing, billing terms, and service levels for Enterprise Plans will be provided on request and agreed upon in a separate written agreement between the Brand and SundayUGC.
(a) Campaign Creation – Brands create Campaigns with briefs outlining the product, creative direction and required deliverables.
(b) Applications – Creators may apply to Campaigns.
(c) Job Formation – When a Brand accepts a Creator’s application, the accepted application becomes a Job. The Job then appears in the Creator’s dashboard.
(d) Offers – Brands may also send direct Offers to Creators discovered through the Creator list or a saved Favorites list. Sending an Offer consumes a Token immediately.
(e) Additional Deliverables Requests – Brands may request additional content from a Creator at any time during or after an active Campaign.To do this, the Brand selects the type and number of additional Deliverables and sends an Offer to the Creator through the platform.
The Creator may accept or refuse the Offer.If the Creator accepts, the Offer becomes a new Job (but still showing inside the job in progress), and the Creator must deliver the additional Deliverables within 7 days of acceptance, following the same timelines and approval process that apply to standard Jobs.
(f) Boosted Campaigns
Brands may optionally purchase a Boosted Campaign to increase visibility of a Campaign on the platform.
A Boosted Campaign includes the following features:
Boosted Campaigns are an optional paid feature. Fees for Boosted Campaigns are charged at the time of purchase and are non-refundable once the boost has been activated.
(a) Non-Physical Products – If the deliverables do not require shipping any product (such as services or apps), the Creator must deliver all content within 7 days of Job acceptance.
(b) Physical Products – If shipping is required, the 7-day delivery window begins when tracking confirms delivery to the Creator.
(c) Review Window – Once deliverables are submitted, the Brand has 72 hours to review them.
(d) Revision Cycle – If revisions are requested, the Creator has 7 days to resubmit, after which the Brand again has 72 hours to review.
(e) Final Revision Limit – After a second revision cycle, if still unsatisfied, the Brand must escalate the dispute to SundayUGC. SundayUGC’s decision will be final and binding on both parties.
(f) Watermark – All deliverables remain watermarked until approved. Watermarks are removed only upon Brand approval.
(a) Prepaid Model – All payments are prepaid via Tokens.
(b) Payment Release – Payment is released to the Creator only when deliverables are approved.
(c) No Partial Refunds – Tokens are non-refundable except where SundayUGC determines a Campaign cannot proceed due to platform error or force majeure.
(d) No Payment Without Approval – Deliverables cannot be used, downloaded without watermark, or paid for until approved.
(e) No Refunds on Pack Purchases – Pack purchases are final and non-refundable.
(a) Scope of Revisions – Revision requests must remain within the original brief. Adding new requirements is not allowed.
(b) Timely Action – Failing to review and either approve or asking for a review within 72 hours automatically counts as approval i.e content will be automatically approved, and funds will be released to the creators.
(c) Use Restriction – Brands may not use or publish deliverables prior to approval.
(a) No Rights Before Approval – Brands hold no rights in deliverables prior to approval.
(b) Automatic Ownership Transfer – Upon approval, the Creator automatically assigns all rights, title, and interest in the deliverables to the Brand.
(c) Right to Modify and Adapt – Ownership includes the unrestricted right to edit, adapt, crop, remix, reformat, localize, or combine deliverables with other materials.
(d) Use of Likeness – Ownership includes the right to use the Creator’s name, likeness, and voice as they appear in the deliverables.
(e) Rights Clearance Obligation – After ownership transfer, Brands are solely responsible for verifying they can legally use the deliverables. SundayUGC does not guarantee that deliverables are free from third-party rights claims. Brands are also responsible for following the guidelines and rules of the platform where the content is going to be used (such as Meta, Tiktok, Google, Snapchat etc).
(f) License to SundayUGC – Brands grant SundayUGC a limited, perpetual, non-exclusive license to use approved deliverables internally for platform operations, performance showcases, and marketing materials.
(g) Survival – All provisions in this section survive termination of the Brand’s account.
(a) Confidential Information – Brands may receive confidential information from SundayUGC or Creators and must keep it confidential.
(b) Privacy – SundayUGC’s Privacy Policy governs the handling of personal data.
(c) Survival – All confidentiality and privacy obligations survive termination.
(a) Brand Warranties – Brands warrant that all materials and instructions they provide are accurate, legal, non-infringing, and fully cleared for use.
(b) Disclaimer – The platform is provided as-is, without warranties of uninterrupted operation, accuracy, or suitability.
(c) Risk Acceptance – SundayUGC and its affiliates are not responsible for the legality, accuracy, or compliance of deliverables. Brands assume all legal, reputational, intellectual property, and regulatory risk from using deliverables.
(d) Release of Liability – By using deliverables, Brands release and hold harmless SundayUGC and all of its affiliates, directors, officers, employees, contractors, and agents from all claims arising out of the creation, use, accuracy, legality, distribution, or modification of deliverables, even if SundayUGC assisted in selecting or briefing the Creator.
(e) Liability Cap – 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 Brand (and any third party acting through the Brand) is capped at $500, regardless of the number of claims.
(f) Indemnification
Brands 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:
Brands must cooperate fully with SundayUGC in the defense of any claim and may not settle any claim without SundayUGC’s prior written consent.
(g) Compliance with Third-Party Platform Rules
Brands are solely responsible for ensuring that all Deliverables and related campaigns comply with the rules, terms, community guidelines, and advertising policies of any third-party platform where the content will be used, including but not limited to Meta, TikTok, Google, and Snapchat.
SundayUGC is not responsible or liable for any restrictions, penalties, account suspensions, or bans imposed by third-party platforms as a result of how Brands use Deliverables created through the platform.
(h) Survival – All obligations in this section survive termination.
(a) Grounds for Suspension
SundayUGC may suspend, restrict, limit access or permanently terminate an account if necessary to protect the platform, its users, or the public.
Grounds for suspension include, without limitation:
(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
An account holder 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.
For 12 months after the later of (i) a Job’s completion or (ii) the last communication between a Brand and a Creator, the Brand must not solicit or engage that Creator for similar services outside the platform.
This obligation applies to affiliates and agents of the Brand and survives termination.
(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.
(a) Reporting Illegal Content
Anyone who encounters content on the platform that may be illegal may report it to SundayUGC.
Reports must include:
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.
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.
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 Brand does not agree with the updated Terms, they must stop using the platform.
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.
(a) Entire Agreement
These Terms represent the entire agreement between the Brand 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
Brands 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.
Brands are responsible for keeping their contact details current.
