Terms & Conditions

1. Acceptance of Terms

Welcome to NextGen UGC ("NextGen UGC," "we," "us," or "our"). By accessing or using our website, mobile application, and services (collectively, the "Services"), you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree to these Terms, you must not access or use the Services. These Terms constitute a legally binding agreement between you and NextGen UGC.

If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.

2. Eligibility & Age Requirements

• You must be at least 13 years of age to use the Services, in compliance with the Children's Online Privacy Protection Act (COPPA)
• You must be at least 18 years of age to create a creator profile, earn money, or enter into any job or payment agreement
• If you are between 13 and 18, you may browse the Services only with the involvement of a parent or legal guardian
• By registering, you represent and warrant that all information provided is accurate, complete, and current
• You are not prohibited from receiving Services under applicable US or international law

3. Service Fee Structure

NextGen UGC takes 25% commission on all job payments processed through our platform. This fee covers:

• Platform maintenance and hosting
• Payment processing and security
• Creator support and dispute resolution
• Content moderation and compliance

The 25% commission is deducted from the total job payment before funds are released to the creator. Brands are responsible for the full advertised payment amount; creators receive 75% of the agreed-upon amount.

4. Independent Contractor Relationship

Creators are independent contractors, not employees, agents, or representatives of NextGen UGC. Specifically:

• Nothing in these Terms creates an employment, partnership, or joint venture relationship
• Creators are solely responsible for all federal, state, and local taxes on their earnings, including self-employment taxes
• NextGen UGC does not withhold taxes, provide benefits, or offer workers' compensation
• Creators are not entitled to any benefits including health insurance, retirement, or paid time off
• Payment processors may issue IRS Form 1099-K for creators earning $600 or more per calendar year, as required by US tax law
• Creators have the freedom to accept or decline any job and set their own availability

5. FTC Endorsement & Disclosure Compliance

All creators must comply with the Federal Trade Commission (FTC) Endorsement Guides (16 CFR Part 255). This is a critical requirement:

• Creators must clearly and conspicuously disclose when content is sponsored, paid, or includes free products
• Acceptable disclosures include #ad, #sponsored, #partner, or "Paid partnership" placed at the beginning of captions or visibly on-screen in videos
• Disclosures must be visible without requiring the user to click "see more" or expand text
• Creators are responsible for understanding and following the specific disclosure rules of each platform (TikTok, Instagram, YouTube, etc.)
• NextGen UGC reserves the right to remove content that fails to comply with FTC guidelines and may suspend accounts for repeated violations
• Creators indemnify NextGen UGC against any FTC enforcement action arising from their failure to disclose

6. Dispute Resolution Policy

We maintain a fair dispute resolution process to protect both brands and creators:

• Disputes must be raised within 14 days of job completion
• Both parties will have an opportunity to present their case
• Our team will review evidence and make a binding decision
• Refunds or adjustments will be processed within 5 business days
• Repeated disputes may result in account suspension

7. Binding Arbitration & Class Action Waiver

Please read this section carefully — it affects your legal rights.

• Any dispute or claim arising out of or relating to these Terms or the Services shall be resolved by binding arbitration rather than in court, except that either party may bring a small claims court action
• Arbitration will be conducted before a single arbitrator under the commercial arbitration rules of the American Arbitration Association (AAA)
• The arbitration shall take place in the jurisdiction specified in the Governing Law section below
• Class Action Waiver: You and NextGen UGC agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative action
• If the class action waiver is found to be unenforceable, the entirety of this arbitration section shall be null and void
• You may opt out of arbitration within 30 days of registration by emailing us at the contact listed below; otherwise you are bound by this provision

8. Copyright & DMCA Notice

NextGen UGC respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA) (17 U.S.C. §512).

DMCA Takedown Procedure: If you believe your copyrighted work has been copied in a way that constitutes copyright infringement, please submit a notice containing:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the infringing material and its location on our Services
• Your contact information, including address, phone, and email
• A statement that you have a good faith belief that the use is not authorized by the copyright owner
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner

DMCA notices should be sent to our designated copyright agent. Repeat infringers will have their accounts terminated in accordance with the DMCA.

9. User-Generated Content & Section 230

NextGen UGC is an interactive platform that allows users to post, upload, and share content. Pursuant to Section 230 of the Communications Decency Act (47 U.S.C. §230), NextGen UGC is a provider of an interactive computer service and is not treated as the publisher or speaker of any information provided by users. Users are solely responsible for the content they create and post. However, NextGen UGC reserves the right to moderate, remove, or restrict access to any user-generated content that violates these Terms or applicable law.

10. Data Usage & Privacy Compliance

By registering on NextGen UGC, you agree that:

• We may use your uploaded videos and profile details for marketing and promotional purposes on our website and social channels
• Your profile image, bio, and niche information may be displayed in creator showcases
• Your video content may be featured as examples of our platform's quality
• You retain ownership of your content but grant us a perpetual, worldwide license for platform promotion

We comply with GDPR, CCPA (California Consumer Privacy Act), CPRA (California Privacy Rights Act), and all applicable US and international data protection regulations:

• We store all personal data securely with encryption
• We only use data for stated purposes (job matching, marketing, platform improvement)
• California residents have the right to know what personal information is collected, request deletion, and opt out of the sale or sharing of personal information
• Allow you to request data deletion at any time
• We never sell your personal data to third parties

For full details, please review our Privacy Policy.

11. Email Communications (CAN-SPAM Act Compliance)

We comply with the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003 regarding commercial email:

• All marketing emails include a clear and conspicuous opt-out/unsubscribe link
• Unsubscribe requests are processed within 10 business days
• Commercial emails include our valid physical postal address
• Email subject lines accurately reflect the content of the message
• Transactional emails (job updates, payment confirmations) do not require opt-out but must not contain deceptive subject lines

12. User Responsibilities

• You agree to provide accurate and truthful information at all times
• Creators must deliver work as agreed within the specified deadline
• Brands must provide clear briefs and pay as promised
• All content must comply with applicable US and international laws, including FTC endorsement guidelines
• You must not post content that is illegal, defamatory, infringing, harassing, or otherwise objectionable
• You must not impersonate another person or entity or misrepresent your affiliation
• You must not attempt to circumvent the platform's payment system or conduct transactions off-platform to avoid fees
• You are responsible for any taxes owed on earnings through the platform
• You must not use automated systems (bots, scrapers) to access or collect data from the Services

13. Content Rights & Licensing

Creator Content: Creators retain all ownership rights to their original content. By uploading content, creators grant NextGen UGC a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, display, reproduce, modify, and distribute the content for the purpose of operating, promoting, and improving the platform.

Commissioned Content: Brands receive a license to use commissioned content for the specified platform and duration as agreed in the job terms. Unauthorized use beyond the agreed scope is prohibited and may result in legal action.

NextGen UGC does not claim ownership of user-generated content. All trademarks, logos, and service marks displayed on the Services that are not owned by NextGen UGC are the property of their respective owners.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, express or implied
• NextGen UGC disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement
• NextGen UGC does not warrant that the Services will be uninterrupted, error-free, secure, or that defects will be corrected
• In no event shall NextGen UGC, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill
• NextGen UGC's total aggregate liability for any claim arising from or related to the Services shall not exceed the greater of (a) the amounts you have paid to NextGen UGC in the preceding 12 months, or (b) $100 USD
• Some states do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you

15. Indemnification

You agree to defend, indemnify, and hold harmless NextGen UGC, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of or access to the Services
• Your violation of these Terms
• Your violation of any law or third-party rights, including FTC endorsement guidelines
• Content you post, upload, or transmit through the Services
• Your failure to disclose sponsored content as required by law

16. Account Suspension & Termination

NextGen UGC reserves the right to suspend, restrict, or terminate accounts that:

• Violate these Terms or platform guidelines
• Engage in fraud, misrepresentation, or deceptive practices
• Demonstrate abusive behavior toward other users
• Fail to comply with FTC disclosure requirements
• Post infringing, illegal, or prohibited content
• Attempt to circumvent platform fees by conducting transactions off-platform

We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will cease immediately. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

17. Governing Law & Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law provisions.

Subject to the arbitration provisions in Section 7, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

18. Accessibility (ADA Compliance)

NextGen UGC is committed to making our Services accessible to all users, including individuals with disabilities, in compliance with the Americans with Disabilities Act (ADA) and Web Content Accessibility Guidelines (WCAG). We strive to maintain WCAG 2.1 AA compliance. If you encounter any accessibility barriers while using our Services, please contact us and we will make reasonable efforts to address the issue.

19. Payment Terms

• All payments are processed through our secure payment processor (Stripe)
• Creator payouts are issued after job completion and client approval
• NextGen UGC charges a 25% commission on all transactions
• Refund requests must be submitted within 14 days of job completion
• Chargebacks and payment disputes are subject to review and may result in account suspension
• Creators are responsible for providing accurate payment information and may be subject to tax reporting (IRS Form 1099-K) for earnings of $600 or more per year

20. General Provisions

21. Contact Us

If you have any questions about these Terms, please contact us:

• Email: support@nextgenugc.com
• WhatsApp: +357 96 150920
• Through the in-app chat support widget