1. Introduction
Welcome to CleerCut. These Terms of Service govern your access to and use of CleerCut's website, applications, and services (collectively, the Platform). By registering for or using the Platform as a Client, you agree to these Terms. If you do not agree, you must discontinue use immediately.
2. Eligibility
You must be at least eighteen years old to use the Platform. By using the Platform, you represent and warrant that:
- You are legally capable of entering into binding contracts
- If acting on behalf of a company or entity, you have authority to bind that entity
If you no longer meet eligibility requirements, you must stop using the Platform.
3. Account Registration and Responsibility
To access certain features, you must create an account and provide accurate information. You agree to:
- Maintain accurate and up-to-date account information
- Maintain the confidentiality of login credentials
- Notify CleerCut of any unauthorized access
CleerCut may suspend or restrict accounts that provide inaccurate information or violate these Terms.
4. Platform Role
CleerCut is a technology platform facilitating collaborations between Clients and Creators. CleerCut is not a party to contracts between Clients and Creators except as a payment and workflow facilitator. CleerCut does not act as an employer, agent, marketing agency, broker, or representative of users. Users are solely responsible for the performance of their contractual obligations.
5. Campaigns and Agreements
Clients may create campaigns specifying deliverables, compensation, timelines, and revision limits. Creators may apply to campaigns. Before work begins, both parties must agree to the CleerCut campaign contract. Campaign contracts are binding. CleerCut may review campaign terms for compliance with Platform policies.
6. Escrow and Payment Processing
Payments are processed and held through CleerCut's third party payment providers, including Stripe Connect. CleerCut does not act as a licensed money transmitter. Escrowed funds are released in accordance with the applicable campaign contract and platform workflow. CleerCut may review disputes and determine escrow release in accordance with the Client Agreement and campaign terms. CleerCut's decision regarding escrow distribution is final and binding. All payments must occur through the Platform.
7. Reviews and Ratings
After campaign completion, users may submit reviews and ratings based on actual collaboration experience. Reviews must be truthful and not defamatory. Users may dispute reviews by providing reasonable supporting evidence. CleerCut may remove or retain reviews at its sole discretion. CleerCut is not responsible for user-generated reviews.
8. Intellectual Property
Users retain ownership of their original content. Creators grant CleerCut a non-exclusive, royalty-free license to repost completed collaboration content on CleerCut's organic social media channels for promotional purposes.
CleerCut will not:
- Use user content in paid advertisements without separate permission
- Publicly share private metrics or personal demographic information
Upon escrow release, usage rights transfer between Client and Creator as defined in the campaign brief.
9. Prohibited Conduct
Users may not:
- Circumvent the Platform's payment system
- Engage in fraud or misrepresentation
- Post unlawful, infringing, or harmful content
- Harass or discriminate against other users
- Manipulate reviews or ratings
CleerCut may suspend or restrict accounts for violations.
10. API and Data Disclaimer
CleerCut relies on third party platforms and APIs for analytics, metrics, and account data. CleerCut does not guarantee the accuracy, completeness, or availability of such data. CleerCut is not liable for inaccuracies, interruptions, or changes made by third party platforms.
11. Indemnification
You agree to indemnify and hold harmless CleerCut and its affiliates from claims, damages, liabilities, and legal expenses arising from:
- Intellectual property infringement
- FTC or advertising violations
- Fraud or misrepresentation
- Tax obligations
- Regulatory fines
- Breach of these Terms
12. Limitation of Liability
The Platform is provided as is and as available. CleerCut makes no guarantees regarding uptime, campaign performance, earnings, or results. CleerCut's total liability to any user is limited to fees paid by that user to CleerCut in the six months preceding the claim. CleerCut is not liable for indirect, incidental, consequential, or reputational damages.
13. Force Majeure
CleerCut is not liable for delays or failure of performance due to causes beyond reasonable control, including:
- Third party API disruptions
- Payment processor failures
- Regulatory changes
- Platform bans
- Server outages
- Natural disasters
14. Termination
CleerCut may suspend or restrict accounts for violations of these Terms. CleerCut will not terminate a user with active campaigns. Restricted users may be prevented from participating in new campaigns. Once all active campaigns conclude, CleerCut may terminate the account. CleerCut may determine escrow distribution prior to termination.
15. Assignment
CleerCut may assign or transfer these Terms in connection with a merger, acquisition, restructuring, or sale of assets without user consent. Users may not assign their rights without written permission.
16. Arbitration and Governing Law
These Terms are governed by the laws of the State of California. All disputes shall be resolved through binding arbitration in Los Angeles under AAA rules. Users waive participation in class actions.
17. Modifications
CleerCut may update these Terms at any time. Updated Terms will be posted with a revised effective date. Continued use of the Platform constitutes acceptance.