Changes to our Creator Terms of Service

It's been a while since we renewed our terms of service, and as we continuously develop our business, processes, and platform, we are updating our terms of service accordingly.

We have launched these terms 06.12.2023 and they come into effect 20.12.2023.

So, what's changed?

We wanted to sum up the biggest changes for you here.

Here's an easy-to-read summary of the important changes to our Terms and Conditions:

  1. In Germany Creators can only use the platform if they have registered a company (“Gewerbe”) and they can issue invoices

  2. The Content of an Influencer Campaign is automatically stored into the Creator’s Content Library (unless the Creator has specifically taken the Content out of the Customer's access), from where Customer can order Content also from earlier Campaigns.
  3. If the Customer requests specific materials to be included in the Posts, the associated costs are covered within the total Campaign price.
  4. Creators cannot publish any other advertisements, commercial collaborations, or collaborations 12 hours before and after posting. 
  5. Creators have to have a minimum one-week interval both before and after the Post's publication, unless longer specified in the Campaign Brief, before engaging in any other advertisements, commercial collaborations, or collaborations with direct competitors of the Customer, including directly competitive products and services.
  6. The Customer can share the Posts only in the agreed media (“organic reposting”)
  7. Boksi can also use the Creator’s profile and statistics in its Platform demonstration materials and as part of their marketing purposes (in such a way that the content does not play a significant role in the marketing).
  8. The payment transfer to the Creators wallet is made as before, but it has been specified that the transfer will be made after the inspection period and after all the agreed Content have been connected to Boksi (for example by using the right hashtags).
  9. There is a new clause concerning the remuneration for the Influencer Campaign via Gigapay (2.3.3.).
  10. If the Service has not been executed in accordance with the Terms and the Campaign Brief or if the Content does not meet the agreed criteria, the Creator is not eligible for receiving compensation (set out under Section 3.5).
  11. When Content is uploaded to the Service as part of Content Campaigns, the Creator agrees not to publish the Content
      • in any channels or media, such as social media sites, websites or any other electronic or written publications. 
      • in any channels or media if it’s only minimally differing from other content that the Customer has purchased. 
    • These terms are valid regardless of whether the Customer has purchase the content or whether it is stored in the content library.
  12. In addition to the other provisions, the Campaign Post or the Content must fulfill the guidelines given by the Customer and it may not otherwise infringe the privacy, interest, or other rights of any person.
  13. The Creator has the right to terminate its participation in a Campaign only,
    1. if the Customer breaches the Customer Terms; or
    2. on serious grounds (for example if the Customer acts in a way that is harmful to the Creator's image, reputation, or business interests).

      In these situations, the Creator must inform Boksi immediately.

  14. The Platform cannot be used for purposes other than those mentioned in the Terms, for example:
    1. to direct Boksi’s users to other platforms, software or to other services,
    2. as a search engine (where the Creator uses the Platform to search for Customers and contacts them outside the Platform), or
    3. in any other way, the aim of which is to avoid Boksi’s fees.

      If the Creator breaches the Terms set out in the mentioned Section, Boksi has the right to terminate the Terms with immediate effect and without separate notice, regardless of any ongoing Campaigns.

      In this case Boksi is not obligated to pay the Creator for any ongoing or unfinished campaigns.

  15. In the event of a service interruption or any inability for Boksi and/or the Customer to access necessary Campaign analytics from the Platform, the Creator must separately provide the analytics. Reporting is an integral part of the Campaigns and, therefore, a prerequisite for payment of the fees and/or remunerations payable to the Creator.

Those are the biggest changes to our Terms of Service. You can read the full document here or continue reading to learn what has changed in each section. Please note that the changes found here are only summaries and the whole terms to be accepted can be find here.

More detailed changes

1 BACKGROUND

1.1 The company information was specified.

1.2. The services in which the Creators can participate was specified.
 
Regarding the Content Library, it was specified that all the content from an Influencer Campaign and Content Creation Service is automatically stored in the Creator’s Content Library.

1.3. Added a clause that in Germany, Creators can only use the platform if they have registered a company (“Gewerbe”) and they can issue invoices.

1.5. The section related to privacy was clarified. 

2 INFLUENCER CAMPAIGNS

 


2.1.  Applications and invitations to Influencer Campaigns

2.1.3. It was clarified that the invitations contain general Campaign information, and Customer can also provide Creators with a Campaign brief.

2.2.  Campaign Posts

2.2.2. Added a clause requiring Creators to make changes to draft Posts without additional compensation, provided the changes align with the Campaign Brief or are deemed otherwise reasonable.

2.2.3. After the Posts have been approved, the Creator still publishes the Posts according to the Campaign Brief. It was specified that Post must be posted on the agreed publication day.

2.2.5. Added that if the Customer requests specific materials to be included in the Posts, the associated costs are covered within the total Campaign price.

2.2.6. Added that the Creator can terminate the Campaign, if the delivery of the Customer’s products, material or equipment is delayed for more than 30 days.

2.2.7 Added that the Creator is obligated to respond to questions from the Creator’s followers or third parties regarding the Post and/or the collaboration (including questions about the product, service, or the Customer).

2.2.8. Added a clause that all the Content of an Influencer Campaign is automatically stored into the Creator’s Content Library unless the Creator has specifically taken the Content out of the Customer's access. From the Content Library a Customer can order Content produced by Creators for earlier Campaigns.

2.2.9. Added that the Creator undertakes 
not to publish any other advertisements, commercial collaborations, or other collaborations both 12 hours before and after the publication of the Post. 
to maintain a minimum one-week interval both before and after the publication of the Post before engaging in any other advertisements, commercial collaborations, or other collaborations with direct competitors of the Customer (including directly competitive products and services).

2.2.10.  Clarified the “organic reposting” rights in a way that the Customer can share the Posts only in the agreed media.

2.2.11. Added that Boksi can also use the Creator’s profile and statistics in its Platform demonstration materials and as part of their marketing purposes (in such a way that the content does not play a significant role in the marketing).

2.3. Remuneration

2.3.1. The payment is still transferred to the Creators wallet after a 7-day inspection period, but it was added that the transfer will be made after all the agreed Content have been connected to Boksi (for example by using the right hashtags). 
It was also clarified that no participation fee is paid for Influencer Campaigns, the remuneration payable to the Creator is set out in the Campaign and that the remuneration may differ between Influencer Campaigns.

2.3.3. A new clause added concerning the remuneration for the Influencer Campaign via Gigapay.

2.3.4. Boksi still deducts a commission in the form of a platform fee from the remuneration for the Influencer Campaigns. Added that it is specified in the Campaign.

3 CONTENT CREATION SERVICE

3.1.2.  Added that when the Content has been uploaded to the Service under the Content Creation Service, the Content is automatically stored into the Creator’s Content Library, from where the Customer can select Content.


3.2. The Content fee

3.2.1. Specified that Boksi pays the Content fee to the Creator if the Customer purchases a license through to Content provided by the Creator.

3.3. Initial License

3.3.1. Added that Boksi can also use the Creator’s profile and statistics in its Platform demonstration materials and as part of their marketing purposes (in such a way that the content does not play a significant role in the marketing).

3.5. Fees

3.5.3.  Added that by accepting to participate in a Content Creation Service, the Creator commits to executing the Service in accordance with the Terms and the Campaign Brief. In the event the Content does not fulfill such requirements, the Creator is not eligible for receiving compensation (set out under Section 3.5).

4. USE OF CONTENT

4.1.  Added that by uploading Content to the Service, the Creator agrees also to the following (regardless of whether the Content is purchased by the Customer or stored in the Content Library):

  • the Creator cannot publish the Content in any channels or media, such as social media sites, websites or any other electronic or written publications;
  • the Creator cannot publish the Content in any channels or media if it is only minimally differing from other content that the Customer has purchased.

Added also that the mentioned and other restrictions set out in 4.1. terminate automatically (separately for each piece of Content submitted) if the Creator removes the Content from the Content Library.

5. REQUIREMENTS FOR CONTENT

5.2.  Added that each Campaign Post or the Content must also fulfill the guidelines given by the Customer.

Added also, that a Campaign Post or the Content may not otherwise infringe the privacy, interest, or other rights of any person.

7. TERM AND TERMINATION

7.3.  Added that the Creator has the right to terminate its participation in a Campaign, with immediate effect and without notice, if the Customer breaches the Customer Terms.

The Creator may also terminate its participation in a Campaign, with immediate effect and without notice on serious grounds (for example if the Customer acts in a way that is harmful to Creator’s image, reputation, or business interests).

In these situations, the Creator must inform Boksi immediately.

9. MISCELLANEOUS

9.3. Platform Use; Communication and Further cooperation

9.3.2. Added a clause that the Platform cannot be used for purposes other than those mentioned in the terms, for example:

  1. to direct Boksi’s users to other platforms, software or to other services,
  2. as a search engine (where the Creator uses the Platform to search for Customers and contacts them outside the Platform), or
  3. in any other way, the aim of which is to avoid Boksi’s fees.

9.3.4. Added that if the Creator breaches the Terms set out in the mentioned Section, Boksi has the right to terminate the Terms with immediate effect and without separate notice, regardless of any ongoing Campaigns. In this case Boksi is not obligated to pay the Creator for any ongoing or unfinished campaigns.

9.5. Changes to the Service or these Terms

Added that material changes to the features of the Influencer Campaign or Content Creation Service and/or the Terms shall not affect the terms of any outstanding Campaigns and orders for Content.

9.6. Campaign analytics

Added a clause that in the event of a service interruption or any inability for Boksi and/or the Customer to access necessary Campaign analytics from the Platform, the Creator must separately provide the analytics.

It was also added that reporting is an integral part of the Campaigns and, therefore, a prerequisite for payment of the fees and/or remunerations payable to the Creator.