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 supporting documentation at any time.

3. Creator Role on the Platform

Creators contribute digital experiences such as:

1. Virtual events
2. Interactive sessions
3. Educational or entertainment content
4. Online celebrations or workshops

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 act as content providers, not independent sellers.

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 tools required for their content
3. Compliance with applicable laws

5. Creator Compensation

Creators may receive compensation from ByGift for contributing experiences.
Creators do not receive payments directly from users. All user transactions are conducted with ByGift only.
Compensation terms may include:

1. Fixed payments
2. Performance-based compensation
3. Participation-based payments
4. Promotional collaborations

Payment structures are determined solely by ByGift and are not directly tied to individual user payments.

6. Platform Control

ByGift maintains full control over:

1. Which experiences are published
2. How experiences are described and presented
3. Pricing and access conditions
4. Promotions and marketing
5. Scheduling and availability

Creators acknowledge that ByGift determines how experiences are presented to users.
ByGift acts as the sole provider of access to experiences on the Platform, and creators do not operate as independent sellers or service providers to users.

7. Content Standards

Creators must ensure that all content and experiences:

1. Are lawful and appropriate
2. Is accurate and not misleading
3. Does not contain prohibited or harmful material
4. Does not infringe intellectual property rights

Prohibited content includes (but is not limited to):

1. Illegal activities
2. Hate speech or discrimination
3. Explicit or inappropriate material
4. Fraudulent or deceptive content

ByGift reserves the right to review, modify, or remove content at any time.

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. Use, display, and distribute the content on the Platform
2. Promote the experience and related materials
3. Feature content for marketing and platform operations

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

9. Platform Moderation Rights

ByGift reserves the right to:

1. Review content before or after 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. Sell or offer services directly to users outside the Platform
2. Request or accept 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