Terms and Conditions for Content Creators

1. Parties and documents

1.1 Who Montu is. "Montu" is the Montu Group company named in the Country Annex for the country where the Creator has their tax residence. That company contracts the Collaboration, receives the Creator's tax document and pays them. "Montu Group" means Montu SpA and its current or future subsidiaries and related companies.

1.2 The Agreement. The relationship is governed by these Terms, the applicable Country Annex, the Privacy Policy, and the Brief and Work Order of each Campaign (the "Agreement"). In case of conflict, the Country Annex prevails to the extent local law requires it, then these Terms, and then the Brief.

1.3 Acceptance. The Creator accepts the Agreement by registering, by clicking "I accept" or by using the app.

1.4 Definitions. Capitalized terms have the meaning given in the Terms for Brands. In addition: Creator Balance is the amount Montu owes the Creator for approved Collaborations; a Withdrawal is a request for payment of that balance; and Linked Accounts are the Creator's accounts on Instagram, Facebook, TikTok, YouTube, Twitch or other networks connected to Montu.

2. What Montu is for the Creator

2.1 Montu's role. Montu publishes Brands' Campaigns, contracts with the Creator, as its supplier, the Collaborations the Creator accepts, and pays the Creator once they are approved. Montu invoices the Brand and pays the Creator.

2.2 Responsibilities. The Creator is responsible to the Brand for producing and delivering the Collaboration according to the Brief. The Brand is responsible to the Creator for the Brief, for its products and for reviewing Collaborations on time. Montu operates the Platform, invoices and pays, but is not liable for the performance of the Brand or the Creator, or for their acts or omissions.

2.3 Independence. The Creator provides services as an independent professional. The Agreement does not create an employment, subordination, agency or representation relationship. The Creator decides how, when and with what means to produce their content, within the Brief.

2.4 No exclusivity and no guaranteed income. The Creator may work with other platforms and brands, except for any exclusivity they accept in a Brief. Montu does not guarantee a minimum number of Campaigns, invitations or income.

3. Requirements and registration

3.1 Requirements. To register, the Creator must: (a) be 18 or older and have legal capacity; (b) reside in a country that has a Country Annex; (c) be able to issue the tax document required by their Country Annex; and (d) have only one Creator Account.

3.2 Review. Montu reviews each application. It may request information such as audience statistics, previous work, ID and bank details, and may approve or reject the application at its discretion, without stating a reason.

3.3 Accurate information. The Creator must keep their information complete and up to date, including their shipping address, tax details and bank account.

4. Linked Accounts

4.1 Connection. By connecting a Linked Account, the Creator authorizes Montu to obtain from that network, through its official APIs, their profile data, published content and audience and performance metrics, and to show them to Brands. Montu never accesses the Creator's passwords.

4.2 Revocation. The Creator may disconnect a Linked Account at any time. If they do, some features and Campaigns may no longer be available.

4.3 Real audiences. The Creator may not use purchased followers, engagement or views, bots or engagement groups. Montu may verify their metrics and suspend the account if it detects manipulation.

4.4 Third parties. The Creator's relationship with each social network is governed by that network's terms. Montu is not liable if a network changes, limits or ends access to its data.

5. Creator profile

Montu may display, sort and group profiles by category, country, audience or other criteria, and adjust or reject profile content. The Creator is responsible for the accuracy of their profile.

6. Applications and acceptance

6.1 Application. The Creator may apply to open Campaigns or to those they were invited to, within the deadline set by the Brand. By applying, they authorize the Brand to view their profile and the content of their Linked Accounts.

6.2 Award. If the Brand selects the Creator, they receive a request for acceptance. If they do not respond within the stated deadline, it is deemed rejected.

6.3 Work Order. The WO becomes binding when the Creator accepts. From then on, they must follow the Brief, and its terms change only with their acceptance recorded on the Platform.

6.4 Cancellation by the Brand. If the Brand cancels a WO before delivery, the WO ends without payment. Montu pays no compensation for that cancellation.

7. Performing the Collaboration

7.1 Performance. The Creator must deliver the Collaboration through the Platform, on time and according to the Brief, with professional quality.

7.2 Changes. The Creator must make all the changes the Brand requests within the Brief, at no additional cost.

7.3 Original content. The Collaboration must be the Creator's original work. It may include music, images, trademarks or works of third parties only if the Creator holds a license for commercial use. The Creator may not use music from social network libraries whose license excludes commercial use.

7.4 People who appear. If other people appear, the Creator must obtain their written authorization to use their image under this Agreement. For minors, the authorization must be given by their parent or legal guardian. Montu may request a copy of those authorizations.

7.5 Transparent advertising. Every Campaign post must be clearly identified as advertising (for example, with the network's paid partnership label, #publicidad or #ad), in accordance with the law and the guidelines of the authority in the Creator's country. The Creator may not claim experiences they did not have with the product, or make health, financial or results claims that are not in the Brief.

7.6 Posts. If the WO includes posting on their Linked Accounts, the Creator must keep the post up for the term stated in the WO and provide the metrics requested.

7.7 Confidentiality. Briefs, unreleased products and Campaign terms are confidential. The Creator may not publish or comment on them before the date the Brand authorizes.

8. Payments and Withdrawals

8.1 Amount. The Creator receives the amount stated in the WO, in the currency of their Country Annex. Montu only awards WOs whose Budget the Brand has reserved or guaranteed.

8.2 When payment is earned. The amount is credited to the Creator Balance when the Brand approves the Collaboration, or when the 7-calendar-day deemed approval applies. If the WO includes posting, it is credited when Montu verifies the post.

8.3 Withdrawals. The Creator requests a Withdrawal from the app. A request is complete when the Creator: (a) has issued to Montu the tax document required by their Country Annex; (b) has registered an account in their own name of a type their Country Annex accepts; and (c) has completed identity verification.

8.4 Payment deadline. Montu pays each complete Withdrawal within 3 business days of the request, unless article 8.6 applies. Montu is not liable for delays by banks or payment processors, or for incorrect bank details provided by the Creator.

8.5 Deductions. Montu may deduct from the payment: (a) tax withholdings the law requires of it; (b) the transfer costs stated in the Country Annex; and (c) any payment made in error or any amount the Creator owes Montu.

8.6 Payment holds. Montu may hold a payment for the term stated in the Brief or, if it does not state one, while it investigates a reasonable suspicion of fraud, metric manipulation, a claim by the Brand or third parties about the Collaboration, or an order from an authority. If the breach is confirmed, Montu may decline to pay the affected WO.

8.7 Nature of the balance. The Creator Balance is not a deposit and does not earn interest or inflation adjustments.

9. Taxes and social security

The Creator is solely responsible for their tax registration, for issuing their tax documents, for filing and paying their taxes and contributions, and for the tax treatment of products received as gifts. Montu only applies the withholdings the law requires of it.

10. Products received

Products sent by the Brand are the Brand's responsibility, including their safety and quality. The Creator must use them according to their instructions and notify Montu of any defect or risk. Unless the Brief says otherwise, they stay with the Creator.

11. Rights over content

11.1 Authorship. The Creator retains authorship of their Collaborations.

11.2 License to the Brand. Upon approval and payment of the WO, the Creator grants the Brand, directly and through Montu, the Usage Rights with the term and scope stated in the Brief or the WO (for example, owned social media, paid ads, Meli Clips, website, e-commerce, marketplaces or points of sale). Within that term and scope, the Brand may reproduce, edit, cut, subtitle, translate, adapt, publicly communicate and distribute the Collaboration, on a non-exclusive and worldwide basis. If the Brief or the WO does not state the scope, the license covers only the Brand's own social media and channels, without paid ads, for the full term of legal protection.

11.3 Ads from their account. If the Brief requests it and the Creator authorizes it on the Platform, the Brand may run ads from the Creator's account (partnership ads, whitelisting or similar) for the term of the Brief.

11.4 Marketing license to Montu. The Creator grants the Montu Group a free, worldwide, perpetual, irrevocable and non-exclusive license, which Montu may assign and sublicense to its agencies and suppliers, to use their Collaborations, their profile content, and their name, username, image, voice and bio as they appear in them, in Montu's marketing: website, social media, paid ads, case studies, presentations, sales proposals, newsletters, events and investor materials, in any format or medium existing now or in the future. This includes editing, cutting, subtitling, translating and combining the material, and showing their profile to Brands to promote it.

11.5 Image and voice. The Creator expressly authorizes the use of their image and voice under articles 11.2 to 11.4. The consideration is the payment of the WO and access to the Platform. The licenses survive termination of the Agreement.

11.6 Moral rights. Moral rights that the law declares non-waivable are respected. To the extent the law allows, the Creator consents to the Collaboration being edited, cut, subtitled and combined, and used without mentioning their name when the format does not allow it.

11.7 Service improvement. Montu may use Collaborations and Platform data to improve its Services, including analytics and the training of internal models, including artificial intelligence models, without publishing them beyond what this article allows.

11.8 Warranties. The Creator warrants that the Collaboration is original, that they hold all necessary licenses and authorizations, and that its use under this Agreement does not infringe third-party rights.

12. Reviews

After each Campaign, the Brand may rate the Creator from 1 to 5 stars and leave a comment. Montu may use reviews to rank profiles and suggestions. Manipulating reviews or offering anything in exchange for them is prohibited. Montu may remove reviews that break these rules.

13. Conduct and prohibited uses

The Creator may not: (a) use the Platform for unlawful or misleading purposes; (b) impersonate another person or have more than one account; (c) scrape or use bots; (d) harass, discriminate against or threaten Brands, Creators or the Montu team; (e) publish content that incites hatred, is sexually explicit or promotes illegal activities; or (f) damage the reputation of a Brand with which they have an active WO, in connection with the Campaign.

14. Creator's responsibility for their conduct

If public conduct by the Creator, on or off the Platform, seriously damages their reputation or that of a Brand with which they have an active WO, Montu may terminate that WO and suspend their account. In that case, the Creator is not entitled to payment for unapproved Collaborations.

15. Deliveries and payments only through the Platform

The Creator delivers every Collaboration through the Platform. They may not receive cash payments from the Brand for Collaborations contracted on the Platform, directly or through third parties: those payments are made only through the Platform. The Brand ships Campaign products directly. Montu reserves the right to suspend or remove Creators and Brands that do not comply with these Terms or the WOs.

16. Suspension and termination

16.1 By the Creator. The Creator may close their account at any time from the app or by writing to hola@montu.io. They must complete the WOs they have already accepted.

16.2 By Montu. Montu may suspend or close the account in the event of a breach, a reasonable suspicion of fraud, an order from an authority or a risk to the Platform, and may terminate the Agreement without cause with 30 calendar days' notice.

16.3 Effects. Upon termination, Montu pays the outstanding Creator Balance, subject to article 8.6. The licenses in article 11 survive.

17. Disclaimer of warranties

The Platform is provided "as is" and "as available". To the extent permitted by law, Montu does not guarantee that it will work without interruptions or errors, or the conduct of Brands, or the quality of their products.

18. Limitation of liability

Montu is not liable for indirect damages, lost profits, loss of opportunities or followers, or non-economic (moral) damages. Its total liability does not exceed the amounts paid or owed to the Creator for WOs in the 6 months before the event giving rise to the claim. These limits do not apply to willful misconduct or gross negligence, or where applicable law prohibits them.

19. Indemnity

The Creator will hold the Montu Group, its partners, directors and employees harmless against third-party claims, fines and lawsuits, including reasonable attorneys' costs and fees, arising from: (a) infringement of third-party rights by their Collaborations; (b) failure to disclose advertising; (c) lack of authorization from people who appear in their content; (d) metric manipulation; or (e) breach of the Agreement or the law.

20. Changes, assignment and notices

Montu may change these Terms. Material changes will be notified at least 30 calendar days in advance and will require express acceptance in the app; if the Creator does not accept them, they may close their account. Montu may assign the Agreement to any Montu Group company or to whoever acquires its business. Notices are sent through the app or by email.

21. General provisions

If a clause is void, the rest remains in force. Not exercising a right does not mean waiving it. If there are translations, the Spanish version prevails.

22. Governing law and jurisdiction

The Agreement is governed by the law of the country of the applicable Country Annex, and disputes are resolved before the courts or through the mechanism that Annex indicates.