Terms of service

OVERVIEW

This website and the platform app.sweetspot.video is operated by Silja Luoma Switzerland GmbH with its registered office in Zurich, Switzerland. Throughout the site, the terms "Sweetspot", "Sweetspot.video", "we", "us" and "our" refer to the company Silja Luoma Switzerland GmbH. Sweetspot.video offers this website and platform, including all information, tools and services available to you as a user on this website, conditioned on your acceptance of all terms, conditions, policies and notices set out here. The Purpose of Sweetspot Platform is to connect businesses (“Brands”) with creators of User Generated Content (UGC) (“Creator”) and facilitate the sale of video ads for social media. Brands and creators are collectively referred to as "User" or "You" in these Terms of Service. By visiting our website, registering on our platform, or purchasing anything from us, you are participating in our "Service" and agreeing to the following To be bound by the Terms and Conditions (“Terms of Use”, “Terms”), including such additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Use apply to all users of the Website, including but not limited to users who are browsers, providers, customers, creators and/or content contributors. Please read these Terms of Use carefully before accessing or using our Website . By accessing or using any part of the website, you agree to be bound by these Terms of Use. If you do not agree to all of the terms of this Agreement, do not access the Site or use the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools added to the current platform will also be subject to the Terms of Service. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website and platform. It is your responsibility to periodically check this page for changes. Your continued use of or access to the Website and Platform following the posting of changes constitutes acceptance of those changes. Our website https://sweetspot.video is hosted by Shopify Inc. They provide us with a solution to serve you pages with static content. Our platform https://app.sweetspot.video is hosted on Bubble Group Inc.

SECTION 1 - GENERAL TERMS

By agreeing to these Terms of Use, you represent that you are at least the age of majority.
You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A Violation or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - Registration on the Sweetspot Platform

2.1 In order to use the Sweetspot Platform, users must register an account through the Platform as described in these Terms of Use.

2.2 Sweetspot reserves the right, in its sole discretion, to refuse or cancel account registration for any reason.

2.3 The information submitted at the Registration must be correct, current and complete. Incomplete or incorrect registrations will not be accepted. Users are required to log into their account as needed each time they use the Sweetspot platform. Unauthorized use of another's account is prohibited.

2.4 Users are responsible for keeping their account information confidential and for all activities under their account. Users must immediately notify Sweetspot of any unauthorized account use or security breach. Failure to comply with this provision may result in loss or damage for which Sweetspot shall not be liable.

2.5 Sweetspot reserves the right to terminate the User's account and/or access to the Platform if it deems that the User is abusing the Platform , violates these Terms of Service, or engages in unethical or illegal conduct.

2.6 The use of automated software or other means to create multiple accounts is prohibited. Sweetspot may suspend or terminate a user's account if it believes that as he engages in such activities.

Section 3 - Use of the Sweetspot Platform

3.1 Sweetspot enables brands to connect with creators and buy UGC video content for social media marketing.

3.2 The Creator grants Sweetspot and Sweetspot's customers against payment the exclusive, temporally and spatially unlimited rights of use and exploitation for the following types of use of the delivered UGC.

An exploitation can take place primarily via the Internet, e.g. websites and social media presences, but also in printed form, e.g. on flyers or posters. However, TV commercials and use for digital out-of-home advertising are excluded.

The respective brand is responsible for providing a task description, providing relevant products or services for content production to the creator as free giveaways and for processing received UGC video content and completing the order.

3.3 Creators are responsible for providing accurate personal data, on Respond to UGC video orders received, ensure job description compliance, and timely deliver UGC content.

3.4 Video Delivery: Creators must deliver product video ads within 1 week (7 days) of product receipt. We guarantee video delivery within two weeks or Brands can request a full refund. In the event of unforeseen circumstances or force majeure events, we reserve the right to adjust or change delivery times by notifying the brand as well as the creator. If the creator has to wait for a response from the brand during the delivery process, the video delivery timeframe will be extended accordingly. Proof of delivery is required for a refund to be processed. (e.g. shipping process tracking number)

3.5 Video Script: After the order is placed and before the video production, the creator creates a video script that is sent to the brand for review. An adaptation of an accepted video script can no longer be requested by the brand. Video production will not begin until the script has been approved by the Brand.

3.6 Sweetspot reserves the right to reject any creator's work if it does not meet the requirements.

3.7 Users are responsible for complying with all applicable laws and regulations in their use of the Platform.

3.8 Sweetspot may, in its sole discretion, remove or edit UGC uploaded to the Platform.

3.9. Sweetspot may use any of the materials produced, as well as the brand name and creator's name, for its own marketing purposes.

3.10. The prices for the listed services can be changed by the creator without prior notice.

3.11. We reserve the right to change or discontinue the Service (or any part or content thereof) at any time without notice.

3.12. For customers from Switzerland we charge 7.7% VAT for our services. This is already included in all displayed prices. The reverse charge procedure is used for customers from all other countries (reversal of tax liability).

Section 4 - Additional Terms for Creators

4.1 Creator Eligibility
Only persons over the age of 18 can register as a Creator on the Sweetspot Platform.

4.2 Creator Account Requirements and Publishing

Creators must verify their email address upon registration.

After registration, Creators can log into the Sweetspot Platform and complete their account with relevant information. All mandatory fields for publishing the Creator profile are displayed in the Creator Dashboard. Once the required information is provided, we will conduct a profile review. We may choose to leave a Creator profile in pending review status and not publish it without providing a reason. Creators are required to create a Stripe account and will be guided to create a Stripe account connect to the Sweetspot platform. A connected Stripe dashboard is used to manage creator payouts. All costs for using the Stripe infrastructure are covered by Sweetspot and are available to the creator free of charge.
Creators are responsible for storing a current address in the profile. The creator is responsible for items lost during delivery to an obsolete address.

Sweetspot is not responsible for any content that is provided by the creator on their creator profile page, such as previous ad videos. The creator must ensure they own the permission to publish their content on Sweetspot.

4.3 Creator's Compensation

Creators independently set their prices for their video ad production service. Sweetspot charges a 20% commission on all set prices for videos uploaded and delivered to the brand. By uploading content, the creators acknowledges the right of use of the content by the brand according to these terms. The payment of the compensation payout is automatic via the connected Stripe profile when the brand accepts the submitted content.

4.4 Requirements for participation in tasks

Creator guarantee: You own the intellectual property rights to the submitted content and can grant them to the brand as specified in these terms. The content does not violate privacy or other rights and is not misleading. Statements about brands/products/services in content are true and accurately reflect the creator's opinions. The Content is original and does not infringe any rights or create liability. There is no conflict of interest with third parties. Sweetspot's use of content infringes no rights or creates no liability.

4.5 Right of use

The right of use of as described under 3.2 of delivered and accepted Content is granted to the Brand. In return for payment, the Creator explicitly grants:

- A worldwide, nonexclusive, sublicensable, transferable, royalty-free right of use
- Brands may reproduce, modify and publicly display the content.
- The right to use content for marketing and promotional purposes.

Sweetspot reserves the right to use content for its own marketing and promotional purposes.

4.6 Remove Creator Profile

We may remove any Creator profile from the Sweetspot Platform. The Creator may at any time request to be removed from the Sweetspot Platform if all pending orders are fulfilled or cancelled. The Creator may at any time request that their active Creator Profile is not published anymore.

4.7 Declaration of Taxes by the Creator
The creator is responsible for paying all direct or indirect taxes, including VAT and income tax, applicable to him depending on his place of residence or location. The Creator warrants that it will at all times comply with its obligations under the income tax regulations in its jurisdiction. The price set by the Creator and displayed on all Platform pages is inclusive of all taxes and fees that the Creator may incur.
If the creator prefers, e.g. for tax reasons, to return received products to the brand, this must be made possible by the brand. In this case, the creator bears the shipping costs for the return shipment.

4.8 Publishing of personal Creator Data on Sweetspot

When a creator profile is published on Sweetspot certain information submitted by the creator is openly visible and accessible by any Sweetspot user. This includes for example:
- the creator's profile picture
- the creator's country
- the creator's age
- the creator's interests, pets, diet preferences, native languages
- the creator's service prices set

Section 5 - Additional Terms for Brands

5.1 Registering a Brand Account

In order to register a Brand Account on the Sweetspot platform, the Brand must provide the required personal information, including full name, email address, brand name and website information. For the creation of a Brand accounts are not charged.

5.2 Assignment fees and terms of payment

An order consists of the displayed creator fee for the selected package of ad variations and an additional service fee of 39 EUR or 39 CHF depending on the selected brand currency. All fees for approved Tasks are billed to the brand via the payment service provider Stripe. Any available payment method offered by Stripe may be used. Sweetspot or Stripe do not charge a credit card fee or other additional payment fees. Brands may request an invoice for the order at any time after the order is placed. Sweetspot reserves the right to cancel any order for any reason refuse refund of the amount paid or revocation of authorization.

5.3 Sweetspot Marketing Purposes

Sweetspot may use the brand name, logo and video ads produced by Creators on the Platform and parts thereof for its own marketing purposes. This includes marketing activities on Sweetspot's website and platform, and across all of its marketing channels. The brand may request removal of any use of its content at any time. Content will be removed from all channels within 1 week.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel the quantities purchased per person, per household or per organization. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders with the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit any orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors. You agree to provide true, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third party tools over which we do not monitor, control or influence. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind kind and grant without approval. We have no liability whatsoever arising out of or in connection with your use of any optional third party tools. Any use of any optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and agree to the terms on which tools are provided by the relevant third party. We may also offer new services and/or features through the website in the future (including the release of new tools and resources). These new features and/or services are also subject to these Terms of Use.

SECTION 8 - THIRD PARTY LINKS

Certain content, products and services available through our Service may contain third-party materials. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and shall not have any liability or responsibility for any third-party materials or websites, or for any other third-party materials, products or services. We shall not be liable for any harm or damages in connection therewith with the purchase or use of any goods, services, resources, content or other transactions made in connection with third-party websites. Please read the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding Third Party Products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

When you send certain specific Submissions (such as contest entries) at our request or without a request from us, you are submitting creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or on otherwise (collectively, "Comments"), you agree that we may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments you submit to us at any time without restriction. We are not and will not be obligated to (1) keep any Comments confidential; (2) to pay compensation for comments; or (3) to respond to comments. We may, but have no obligation, to monitor, edit, or remove any Content that we, in our sole discretion, determine to be unlawful, objectionable, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Service. You agree that your Comments will not violate any right of any third party, including any copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate yourself, or mislead us or third parties as to the origin of any Comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the shop is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies