ByGift Creator Policy & Agreement

2. Creator Eligibility

To participate as a Creator on ByGift, you must:

1. Be at least 18 years old
2. Have legal capacity to enter a binding agreement
3. Provide accurate registration information
4. Comply with all applicable laws and platform policies

ByGift may request identity verification or additional documentation before allowing participation.

3. Creator Role on the Platform

Creators contribute digital experiences such as:

1. Virtual celebrations
2. Online events
3. Interactive sessions
4. Digital entertainment experiences

Creators understand and agree that:

1. ByGift controls the platform where experiences are offered
2. ByGift determines how and when experiences are made available on the Platform
3. ByGift may schedule, promote, or manage events

Creators do not operate independently on the platform as sellers.
Instead, creators provide content or experiences to ByGift, which ByGift may make available to users.

4. Independent Contractor Relationship

Creators participate as independent contractors.
Nothing in this Agreement creates:

1. An employment relationship
2. A partnership
3. A joint venture
4. An agency relationship

Creators are responsible for:

1. Their own taxes and regulatory obligations
2. Equipment and materials required to deliver experiences
3. Compliance with local laws applicable to their services

5. Creator Compensation

Creators are compensated by ByGift under contractual agreements for providing digital experiences on the Platform.
Compensation terms may include:

1. Fixed payments
2. Performance-based payments
3. Event participation payments
4. Promotional collaborations

Payment structures may vary depending on:

1. Event type
2. Creator agreement terms
3. Promotional arrangements

ByGift retains full discretion regarding payment structure.
Payments may be made periodically according to ByGift’s internal payment schedule.

6. Platform Control of Experiences

ByGift maintains full control over:

1. Which experiences are offered
2. Event pricing and access conditions
3. Platform promotions and marketing
4. Event scheduling or availability

Creators acknowledge that ByGift determines how experiences are presented to users.

7. Content Standards

Creators must ensure that all content and experiences:

1. Are lawful and appropriate
2. Do not contain explicit sexual content
3. Do not promote violence, hate speech, or illegal activity
4. Do not infringe intellectual property rights
5. Do not mislead users

ByGift reserves the right to review, moderate, or remove content that violates platform policies.

8. Intellectual Property

Creators retain ownership of their original content.
However, by participating on the Platform, creators grant ByGift a non-exclusive, worldwide, royalty-free license to:

1. Display and promote the experience
2. Use promotional materials related to the event
3. Feature creator content for marketing the Platform

This license is limited to promoting and operating the ByGift Platform.

9. Platform Moderation Rights

ByGift reserves the right to:

1. Review creator content before publication
2. Modify or remove events
3. Suspend or terminate creator access
4. Cancel events that violate policies

These measures help maintain platform safety and user trust.

10. Fraud Prevention and Compliance

To protect the Platform and its users, ByGift may monitor activity for:

1. Fraud
2. Abuse
3. Misrepresentation
4. Violations of platform policies

ByGift may cooperate with third-party payment providers.
Creators must comply with all fraud prevention and compliance requirements.

11. Prohibited Creator Activities

Creators must not:

1. Attempt to sell directly to users outside the Platform
2. Request direct payments from users
3. Promote external payment methods
4. Misrepresent events or experiences
5. Use the Platform for illegal or fraudulent activity

Violations may result in immediate removal from the Platform.

12. Event Delivery Responsibilities

Creators agree to:

1. Deliver experiences professionally and responsibly
2. Maintain scheduled event commitments
3. Communicate promptly with ByGift regarding event issues

Repeated cancellations or failure to deliver experiences may result in removal from the Creator Program.

13. Payment Conditions

Creator payments may be delayed or withheld if:

1. Fraud or abuse is suspected
2. The event was not delivered
3. The creator violated platform policies
4. A dispute or chargeback occurs

These measures protect the integrity of the Platform.

14. Termination of Creator Participation

ByGift may suspend or terminate creator participation at any time if:

1. Policies are violated
2. Fraudulent activity is detected
3. The creator fails to deliver experiences
4. The creator harms the reputation of the Platform

Creators may also request removal from the Platform by contacting support.

15. Limitation of Liability

To the maximum extent permitted by law, ByGift is not liable for:

1. Loss of earnings or business opportunities
2. Technical interruptions affecting events
3. Platform downtime or service disruptions

ByGift’s liability is limited to the compensation owed for confirmed events.

16. Confidentiality

Creators must keep confidential any non-public information regarding:

1. Platform operations
2. Payment arrangements
3. Internal policies

Unauthorized disclosure may result in termination of the Agreement.

17. Changes to This Agreement

ByGift may update this Creator Policy and Agreement from time to time.
Updated versions will be posted on the Platform.
Continued participation constitutes acceptance of the revised terms.

18. Governing Law

This Agreement is governed by the laws applicable to the jurisdiction where ByGift is legally registered, subject to applicable international consumer and digital commerce regulations.

19. Contact Information

For creator-related inquiries:
ByGift Support