CREATOR TERMS AND CONDITIONS
Please read these Terms carefully before accessing the Platform (including all of its domain levels) and registering to provide Service through the Platform. The Company provides access to the Platform and its features on the terms set out in these Terms. The Platform and the Service are designed to allow Creators to register on the Platform, access the Creator Account and accept Requests to provide short, personalized audio-visual messages in consideration of the Creator Fee.
By registering with the Platform, Creators accept all terms and conditions set out in these Terms (the “Terms”). Creators are required to explicitly accept (opt in to) the Terms prior to accessing the Creator Account. These Terms contain the conditions for provision of the Service, about Creators’ rights and restrictions on these rights, as well as a section regarding applicable law and jurisdiction of disputes. If a Creator does not wish to be bound by these Terms (or any future updated version of these Terms) or any other special documents issued by the Company, such Creator shall not be able to register on the Platform, access the Creator Account or provide any Services.
These Terms may be updated from time to time at the sole discretion of the Company. Any changes to these Terms are effective immediately after being published on the Platform. The Creator undertakes to read the current version of the Terms, and if the Creator disagrees with the provisions of these Terms they may follow procedures mentioned herein to cancel their registration. Any Creator who continues to use the Platform and its Service agrees to the updates made.
The Terms also apply to the rights and interests of third parties that are not Creators of the Platform, but whose rights and interests may be affected as a result of the Creators’ actions or inactions.
- DEFINITIONS
- Company means the group of companies under Bongo Holdings PTE LTD, including, but not limited to its Bangladeshi subsidiary company Stellar Digital Limited. The Company is responsible for all Platform administration.
- Company Fee means the percentage of Fees as set out in clause 6 of these Terms
- Content means the announcements, messages, and informational materials, including text, audio, video, and audio-visual materials provided by a Creator at the User’s Request. For example: a video birthday greeting recorded by the Creator after a User Request. Content is intended for personal use by individuals and is not intended for commercial use by organizations i.e. for advertising or other similar purposes.
- Creator means any fully legally capable individual who is a well-known public figure (including, but not limited to, actors, musicians, athletes, influencers) who is registered as a Creator on the Platform and makes themselves available to provide Content at the Request of Users.
- Creator Account means a special section of the Platform (Creator App) that only Creators can access through dashboard, after registering on the Platform, whereby Creators can
- Accept or decline Requests;
- View Requests declined by the Creator and/ Company;
- View accepted Request;
- View pending Requests;
- View Creator Fee due for completed Requests; and
- Correspond with Company and/or Users.
- Creator App means the native Android or iOS mobile application that allows the Creator to access the Creator Account, record, and submit Content to the Platform.
- Creator Fee means the percentage of Fee as set out in clause 6 of these Terms.
- Fee means the fee that a User has to pay to avail the Service and receive Content from the Creator. The price point of the Fee may differ from Creator to Creator, and is subject to change at the sole discretion of the Creator and the Company. Discounts to the Fee may be available for Users at the discretion of the Company.
- Inappropriate means anything that:
- is, that incites, or that encourages action that is explicitly or implicitly illegal, malicious, abusive, harassing, threatening, indecent, profane, obscene, hateful, derogatory, harmful to any reputation, pornographic, or otherwise objectionable;
- shows and/or incites violence and cruelty to humans or animals,
- infringes copyrights or third parties without the required explicit permission,
- promotes hatred and/or discrimination of people on racial, ethnic, gender, religious, social grounds, insults anyone or organization,
- contains elements of pornography, children’s eroticism, or otherwise advertises or promotes sexual services (including under the guise of other services);
- explains the procedure for the manufacture, administration, or other use of narcotic substances or other comparable substances, explosives or other weapons;
- contains campaigning political materials or statements;
- encourages the commission of other illegal actions as well as assists people whose actions are intended to violate the restrictions and prohibitions of any country or state; or
- is deemed as such at the sole discretion of the Company;
- Platform means the internet platform at josss.co (including any of its variations) operating as of the date of acceptance of these Terms by Creators and those launched and put into operation during its entire validity term available to Users through the website, applications, and other resources. The Platform and its software constitute intellectual property that is owned by the Company.
- Request means a request by a User for the provision and receipt of personalized Content from a Creator placed via the Platform. Upon placing a Request, the User enters into a Service Agreement.
- Service means the hardware and software package posted on the Platform which allows Creators to access/use the Creator Account and create/deliver Content to Users.
- Service Agreement means the agreement for the provision of Content concluded between a Creator and a User on the terms and conditions specified in the Request, subject to these Terms.
- User means any individual who visits the Platform, regardless of whether they place a Requests or not.
- GENERAL PROVISIONS
- The relationship between a Creator and the Platform, and the Creator’s use of the Creator Account and provision of Services are governed by these Terms and protected by the relevant Laws of the Jurisdiction of Singapore.
- The Creator must read these Terms before using the Platform features and providing Service. Upon registration, the Creator agrees to these Terms fully and unconditionally, and confirms their full acceptance of these Terms in accordance with Singapore law.
- As a condition of registration on the Platform, the Creator hereby represents and warrants that a) the Creator, acting as a service provider, is at least eighteen (18) years old (or the equivalent age of majority in the Creator’s jurisdiction), or the Creator has their legal guardian’s prior consent; b) all information provided by the Creator when providing the Service is true, accurate, current, and complete; and c) the Creator possesses the legal authority to accept these Terms and provide the Service in accordance with all the terms and conditions set out in these Terms and Singapore law. If the Creator does not fully understand, agree, and comply with these Terms or is unable to enter into legally binding contracts, the Creator may not access the Platform and register on the Platform.
- By registering to provide Service, the Creator undertakes that the information provided to the Platform and the Creator Account is accurate, current, complete, complies with the law and is free from any third-party claims. This means that the Creator is legally not entitled to use and provide information that is confidential or otherwise protected by law.
- The Platform administration at all times reserves the right to deny access to the Service (or part of it). In addition, the content and features of the Service may be adapted or have different availability e. g. depending on the location of the Creator (for example, certain Requests may only be available and accessible to Creators at a certain geographic location or fulfilling certain criteria set by the Platform administration from time to time).
- A Request for Content from legal entities (including for commercial use), as well as about the terms of providing such Content (price, terms and other conditions), is sent to the Platform administration at support@josss.co
- REGISTRATION, CREATOR ACCOUNT, & CREATOR APP
- When registering on the Platform, the Creator receives unique identification details to access their Creator Account. The Creator is responsible for keeping these identification details confidential. The Creator undertakes not to disclose to third parties the identification details provided to them when registering on the Platform. If the Creator has any suspicion about the security of their identification details or suspects possible unauthorized use by third parties, the Creator should immediately notify the Company an email to support@josss.co from their registered email address.
- All actions performed through the Creator Account are deemed to have been performed directly by the Creator whose identification details were used to enter the relevant Creator Account. The Creator is responsible for the accuracy, relevance, completeness of the information provided and shall ensure they are in compliance with the laws of the Jurisdiction of Singapore upon completion of their registration on the Platform. The Company is entitled at its own discretion to decline the Creator’s registration on the Platform, without assigning any reason.
- During or after the registration, Company may require the Creator to send an electronic scanned copy or photo of their valid passport/National Identification Card and other required documents.
- After completing registration, non-confidential information (like a short biography, social media links, and a profile picture) about the Creator becomes visible to Users on the Platform, and the Creator gets access to the functionality of the Creator Account via the Creator App.
- Creators can access the Creator Account through the Creator App. Creators are strongly advised to download the Creator App on their phone, in order to receive push notifications about new Requests. Using the Creator App, Creators can directly record Content, and submit it to the Platform.
- When the Creator gains access or uses the Creator Account (or part of it), the Creator must not:
- breach or circumvent (or encourage anything that would breach or circumvent) any laws, rules, regulations, or third-party rights;
- take any action or submit, post, share, or communicate Inappropriate material;
- gain access (or attempt to gain access) to any area of the Platform where the Creator has no right or permission to be;
- distribute or post spam;
- distribute viruses, malicious software, use any worms, trojan horses, cancelbots, spyware, corrupted files, or any other automatic means to access, damage, disrupt, or interfere with the Platform for any reason;
- modify any file or any other part of the Platform without a special authorization from the Platform administration;
- collect information about Users or other Creators without their consent;
- take any action that imposes or may impose, at the Platform administration’s discretion, an unreasonable and disproportionately large load on the Platform’s infrastructure;
- frame, mirror, or otherwise incorporate any part of the Service into any other part of the Service, software without the Platform administration’s prior written consent;
- interfere with any technical measures used by the Platform administration to provide the Service;
- sell, buy, trade, or otherwise transfer to third parties his/her data, any access to the Service or any Content associated with the Creator Account; or
- impersonate another person or falsely imply that the Creator is an employee or representative of the Platform administration.
- The Creator is entitled to use and access the Creator Account only to accept/decline Requests, correspond with Users, and to deliver Content to Users.
- In the event a Creator wishes to cancel registration on the Platform, Creator shall notify Company of the cancellation request by sending an email to support@josss.co no later than 30 days prior to such cancellation.
- By registering on the Platform, Creator accepts and acknowledges that Company may perform the following actions in its sole discretion, but at the possible expense of the Creator:
- Attract new Users to the Platform by promoting the Service among potential Users and providing them with the opportunity to use the Service at a discount;
- Coordinate (through third-party payment services) the acceptance and processing of payments received from Users to pay Creator Fee; and
- Undertake to assign necessary performance of Services to Creators, as soon as registration is completed. Company performs Assignment throughout the validity of these Terms.
- PROVISION OF SERVICE
- The Creator may provide the Service, in accordance with these Terms, for the purpose of accepting/declining a Request for Content from Users. The Service provides the Creator with the opportunity to review Content instructions, delivery deadlines, and conditions, to access their order history and revenue reports, and to record Content through the Creator App.
- The User may commission the production of Content from a Creator by submitting a Request via the Service. Upon the submission and completion of a Request, the User is charged the Fee via the relevant Payment Method.
- Subject to the limited right of cancelation as set out in clause 5, the Creator must comply with the Terms as well as the requirements under the Request.
- The Creator is responsible for ensuring compliance with these Terms and that the Service is used in compliance with these Terms.
- If the Creator acts in breach of these Terms or otherwise abuses the Service, the Platform administration reserves the right to a) limit, suspend, and deny access to the Service; and/or b) take technical and/or legal steps to prevent further use of the Service.
- The Service (or part of it) may be unavailable for technical or maintenance-related reasons (whether on a scheduled or unscheduled basis).
- SERVICE AGREEMENT & CONTENT PROCESSES
- Successful payment of the Fee engages the User and the Creator in the Service Agreement, of which no hard copy of the Service Agreement is signed by the parties. Consequently, it is noted that successful payment automatically constitutes a lawful agreement subject to these Terms.
- The Creator is notified and understands that the Company merely provides a platform to facilitate the interaction and commercial transaction between Users (demand side) and Creators (supply side). It is the Creator, and not the Company, who is responsible for the creation, production, and quality of the Content.
- A Request from a User includes instructions for the Content, which may include a short script, instructions about the tone of voice, and the names of individuals to shout out. The Creator understands that it is their responsibility to produce Content according to the specification of the instructions to the best of their ability.
- The Service is provided by the Creators only for personal and non-commercial use. Content Request acceptance for the advertisement, promotion or endorsement of any sort of product is strictly prohibited without prior written consent from the Company.
- The Platform administration will vet every Request submitted by Users to ascertain the Request does not contain Inappropriate subject matter prior to forwarding such Request to the Creator. The Company may reject and cancel Inappropriate Requests at its sole discretion, subject to clauses 5 and 6.
- After Request approval by the Platform administration, the Creator will receive the Request in their Creator Account. At such time the Creator will be notified via email and the Creator App of the pending Request. The Platform administration may contact the Creator separately to follow up on a pending Request.
- The Creator shall have 5 (five) calendar days to deliver the Content or to reject the Request. If a Creator declines a Request, they are obliged to offer and argument for such rejection to the Platform administration.
- The minimum duration of a recorded Content is 30 (thirty) seconds. There is no maximum Content duration. Creators are entitled to record Content at the request of Users on any recording device as they wish although they should strive to achieve the best available quality.
- The Creator shall ensure that the Content does not contain intentional advertisements, branding, promotions, product placement, or other commercial offers to Users, unless prior written consent has been granted by the Company.
- If the Creator has been unable to respond within 5 (five) calendar days, the Content Request will be deemed declined (expired), and the Fee will be refunded to the User subject to clause 6. The Company has the right to take action against Creators who let their requests expire, or remove them from the Platform.
- The Creator accepts that a Platform watermark (Josss branding) is affixed to the Content. The Creator agrees not to edit, change, cover or remove the watermark from the Content.
- The Platform administration will vet every Content recorded by Creators to ascertain the Content does not contain Inappropriate subject matter prior to forwarding such Content to the User. The Company may reject Content and cancel Requests that are deemed Inappropriate or of low production quality at its sole discretion, subject to clauses 5 and 6.
- When a Content is rejected by the Company, the Creator shall accept the decision and agrees to record a fresh version of the Content that is not deemed Inappropriate, at no extra cost to the User or Company.
- A Service Agreement is deemed concluded when the Content is delivered to the User by the Platform through electronic means.
- FEES, PAYMENTS & REFUND
- Creators determine their own price point for the Fee that Users have to pay for their Content. The Fee for provision of Content is specified in each Creator’s order page. Fees may differ between Creators and are subject to change over time, at the discretion of the Creator and the Company.
- Revenue from the Platform is shared between the Company and the Creator as per the below ratio:
- The Creator Fee is equal to 70% of the Fee
- The Company Fee is equal to 30% of the Fee
- All fees stated and mentioned for the Services are inclusive of VAT and other taxes.
- Users pay for provision of the Service by completing a transaction through the Payment Method.
- Company Fee for Assignment (as defined below in Clause 7) under these Terms is withheld by the Company from the Fees received from the Users of the Platform.
- The Creator Fee shall be transferred by the Company, to the Creator, in Bangladeshi Taka (BDT) within 15 (fifteen) working days from the last day of the month in which the Creator delivers the Content to the User.
- Users are refunded in case of a valid cancelation subject to Clause 5. A Creator understands and agrees that they may not receive payment in consideration of delivering Inappropriate Content, at the sole discretion of the Company.
- In the case of a refund to the User, including but not limited to rejection/cancellation due to inappropriate Requests, the Company has the right to deduct reasonable expenses incurred in the facilitation of the Request from the refundable amount.
- Company may change the Fee and/or the Company Fee at its sole discretion, without assigning any reason. The fee amount is deemed changed and updated, as soon as the new fee is posted on the Creator order page.
- INTELLECTUAL PROPERTY, LICENSE, ASSIGNMENT & DISTRIBUTION
- A personal, revocable, non-exclusive, non-transferrable, non-sublicensable and limited right to access and use the Service, Creator Account, and Creator App on the terms and conditions set out in these Terms is hereby granted to the Creator. The Platform administration reserves all rights not expressly granted under these Terms.
- All contents in the Service, including, text, graphics, logos, icons, pictures, sound files, Content, digital downloads, object code, source code and/or other related material are owned by the Company. Nothing in these Terms may be interpreted as a transfer of any of the Company’s intellectual property rights.
- Company and Creator grant the User a personal, non-exclusive, retractable, non-transferable and non-sublicensable right to use, distribute, reproduce, and publicly display the Content for non-commercial and non-promotional purposes, limited to social media platforms and messaging services for personal use only (“License”).
- The License has no territorial restrictions and may be used worldwide.
- The License has a duration of 60 (sixty) years, or as long as permissible under the copyright laws of the relevant jurisdiction.
- The License is deemed granted to the User as soon as the User receives Content through the Service, and is granted to the User on the conditions set out in these Terms.
- Company hereby assigns provision of part of the Services to Creators, which is limited to the access to Creator Account, Creator App, creation/delivery of Content and receipt of the Creator Fee. The Platform administration reserves all rights not expressly granted under these Terms (“Assignment”)
- All contents in the Service, including, text, graphics, logos, icons, pictures, sound files, Content, digital downloads, object code, source code and/or other related material are owned by the Company. Nothing in these Terms may be interpreted as a transfer of any of the Company’s intellectual property rights.
- The License and Assignment explicitly prohibits both Creators and Users to:
- Distribute the Content on any medium other than as mentioned above;
- Monetize, or commercially exploit or benefit from the Content in any way, shape, or form, including but not limited to using the Content in connection with any business or commercial activity;
- Edit, change, cover or remove the Josss branded watermark from the Content, and not to assist and encourage any third party to do so; and
- Use the Content in any way that (explicitly or implicitly) is or may be considered Inappropriate, offensive, or harmful, including but not limited to illegal, abusive, harassing, threatening, indecent, profane, obscene, hateful, racist, derogatory, harmful to any reputation, pornographic, or otherwise objectionable content.
- The Creator further grants the Company the exclusive, non-retractable, transferable, sublicensable, worldwide right to edit, modify, adapt, use, distribute, reproduce, and publicly display the Content for commercial and promotional purposes for a period of 60 (sixty) years via any media and on any platform as deemed fit at the Company’s sole discretion, including but not limited to the Platform, social media, and messaging services. For avoidance of doubt, this includes the right to display Content on the Platform as a sample video.
- The Company’s and Josss’ trademarks, trade names, and other signs included or referenced in the Service (“Trademarks”) are protected by national and international trademark laws. All use of the Trademarks is strictly prohibited. The Trademarks may not be used in connection with any product or service that is not approved by the Platform administration or that is in any manner likely to cause confusion among customers or that disparages or discredits the Company, the Platform, or the brand Josss.
- LIABILITY, WARRANTY AND INDEMNITY
- The Platform administration endeavors to keep the Service available at all times and to correct errors and defects without delay. However, the Platform administration neither represents nor warrants that the Service will be continuous, uninterrupted, or error-free, or that any defects will be corrected. Unless otherwise specified in writing, the Service and/or any product provided by the Company are rendered on an “as is” and “as available” basis, without any express or implied warranties whatsoever, including but not limited to implied warranties of non-infringement, merchantability, and fitness for a particular purpose.
- The Creator acknowledges and accepts that access to the Creator Account may become unavailable due to planned or unplanned service, maintenance and/or updates.
- If the Platform contains references to services or resources provided by third parties, such links are provided for information purposes only, and the Platform administration has no control or liability for the content of such services or resources.
- Creator shall comply with all reasonable creative instructions and directions as per Requests and will comply with all reasonable and notified directions, regulations and rules in force at places where the Creator is required to render Services.
- Creator shall not do any product placements or any other form of advertising of a User product / third party product / brand in the Content, unless expressly stipulated by Company.
- Creator shall not produce any Inappropriate Content.
- The Company expressly disclaims any liability for third-party content, including but not limited to Requests submitted by Users, and Content produced by Creators.
- The Creator accepts and acknowledges to affix watermark (Josss branding) to the Content. The Creator agrees not to edit, change, cover or remove the watermark from the Content.
- The Creator agrees that the Platform administration is not liable for possible losses incurred by the Creator following the adoption of measures to preclude or prevent violations on the Platform related to the restriction or blocking of Creators’ access to the Creator Account.
- Creator shall defend, indemnify and hold harmless Company, its affiliates and their respective officers, directors, employees and agents (“Indemnified Parties”) from and against any demands, claim, suit, proceedings, damages, penalties, fees, costs (including attorney fees) and expenses that the Indemnified Parties may incur or suffer to defend, settle or otherwise respond to any User/third party claim that the Content, when used as contemplated under these Terms, infringes any rights of such third party; or any breach by Creator of these Terms.
- The Creator is responsible for the communication between his/her hardware and the Service on the Platform and for having the hardware and software necessary to access and provision of the Service. The Creator is solely liable for defects and limitations in his/her own software, hardware, or telecommunications services.
- The Company is not liable for any indirect damages (lost profit, business interruption, reputational harm, or loss of data, even if the Company has been advised of the possibility of such damages or such damages are foreseeable) arising from or in any way connected with the Creator’s provision of, or inability to use, the Service.
- COPYRIGHT POLICY
- The Company respects the intellectual property rights of others and expects its Creators to do the same. The Company will respond to notices of alleged copyright infringement that are officially submitted as per this clause.
- If the Creator believes or suspects that Content or other material used to provide the Service or in conjunction with any product or service offered by the Platform is in breach of these Terms or is used in a way that constitutes copyright infringement, please provide us with the following information: (а) identification of the copyrighted work claimed to have been infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (information reasonably sufficient to permit us to locate the material); (c) the Creator’s contact information (or other person), such as address, telephone number, and an email address; (d) a statement made by the Creator (or other person) that you believe in good faith that the use of the material in the manner complained of is not authorized by the copyright owner, his/her agent, or the law; and (e) a statement that information in the notification is accurate and that the Creator is authorized to act on behalf of the copyright owner.
- For notice of alleged copyright infringement, contact Joss at support@josss.co
- LINKS
The Service may provide links to third-party websites or services. The Company has no particular knowledge of information contained in such other websites or services and does not endorse companies or products to which they link. The Company is not liable for the content or policies of such websites and services and does not accept any liability for any damages resulting from access to or use of such other websites and services. For the avoidance of doubt, the Company neither endorses nor verifies the content, offerings, or conduct of third parties. If the Creator decides to access any of the third-party websites or services, the Creator will do so entirely at his/her own risk. The Company reserves the right to terminate any link or linking program at any time.
- FORCE MAJEURE
Any failure or delay by the Platform in the performance of its obligations to provide services shall not be deemed a breach of its obligations by the Creator if such failure or delay is due to fire, flood, earthquake, elements of nature, public utility electrical failure, pandemics, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, or labor difficulties, court order, outage, delays or disruptions of the Internet or telecommunications networks, third party non-performance or any other similar cause beyond the reasonable control of the Platform. The Company does not accept any liability for the consequences arising from any such force majeure circumstances.
- ENTIRE AGREEMENT, AMENDMENTS AND CHANGES
- Unless otherwise expressly agreed, these Terms constitute the entire agreement between the Company and Creator, regarding the provision of Service and replaces all earlier agreements and understandings between the parties.
- The Company reserves the right to amend or change these Terms at any time. Any changes to these Terms will be notified to Creators in advance and will enter into force upon the Creators’ acceptance (as from accessing the Creator Account). If Creators do not accept the amended or new Terms, they may seek cancellation of registration as per clause 3 above.
- The Company reserves the right to change or modify the content and functions of the Services at any time without prior notification and will not be liable to any party in any way for possible consequences of such changes. The Company may suspend, discontinue, or restrict access to any part of the Service at any time and without notice.
- By accessing the Creator Account after amendments and/or changes have entered into force, the Creator agrees to all such amendments and/or changes.
- The Company does not undertake to archive previous versions of these Terms. Instead, the Company recommends the Creator to print and save a copy of each version of these Terms.
- MISCELLANEOUS
- The Company may transfer all or some of its rights or obligations under these Terms to a third party without obtaining Creators’ consent. Provided that such transfer does not (in the Company’s view) cause any significant disadvantage to the Creator, the Creator hereby agrees to such transfer.
- Without the Company’s prior written consent, Creators may not transfer any of the rights granted to them under these Terms.
- If at any time any provision of these Terms is or becomes invalid, illegal or unenforceable under applicable law, the validity, legality and enforceability of the remainder of these Terms shall not be affected. In the event any provision is held in any proceeding to be invalid, illegal, or unenforceable, the deficient provision shall be replaced with a new provision permitted by applicable law and having an economic effect as close as possible to the deficient provision.
- Delay by either party to exercise a right or remedy under these Terms shall not affect such party's right to enforce such right or remedy at a later time, except for failure to exercise a right or remedy within the time limit specified in these Terms or by law. A waiver by any party of any breach of any provision under these Terms shall not be construed to be a waiver by such party in relation to subsequent breaches of such or other provisions in these Terms.
- GOVERNING LAW AND DISPUTES
- Any disputes, disagreements, or claims arising between the parties from this agreement, including those relating to performance, violation, termination, or invalidity of this agreement, are to be resolved as per the set pre-court dispute settlement procedure.
- The pre-court dispute settlement procedure is mandatory, and failure to comply with it will preclude direct appeal to the appropriate court. The Parties have thirty (30) calendar days to respond to a complaint from the date of receipt of that complaint.
- If differences cannot be settled out-of-court, they will be referred for settlement to a court at the location of the Company
- This agreement and any conflict, contention, litigation, or claim of any nature arising from or in relation to this Agreement shall be construed and settled in accordance with the law of Singapore.
- If the User has any concerns or complaints, please contact joss at support@josss.co in the event of a dispute, out-of-court procedure for the settlement of the dispute is a mandatory step.