In order to use the SkellUp Platform, users must register an account via the Platform in the manner required and as set out in these Terms of Service.

SkellUp reserves the right to refuse or cancel registration of an Account for any reason in its sole discretion.

All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to use the SkellUp Platform. You may never use another’s Account without permission.

You are responsible for maintaining the strict confidentiality of your Account details and for any activity under your Account. You agree to immediately notify SkellUp of any unauthorised use of your Account or any other breach of security. It is your sole responsibility to control access to and use of your Account and to notify SkellUp when you desire to cancel your Account. SkellUp will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

SkellUp retains the right and absolute discretion to terminate your Account and/or access to the SkellUp Platform (or any element thereof) if it believes that you are abusing or tampering with the SkellUp Platform (or any element thereof) in any way, that you have breached these Terms of Service, or that you have engaged in any unlawful, unethical, unsportsmanlike or other misconduct calculated to jeopardise the proper administration of the SkellUp Platform (or any element thereof).

The use of any automated software or any other mechanical or electronic means allowing a member to create Accounts is prohibited. SkellUp reserves the right to suspend or terminate your Account if it believes you are engaging in such activity.

Users understand that in creating an Account they are providing their information to SkellUp and not to any social media platform. Users of the SkellUp Platform (whether Creators or Brands) are solely responsible and liable for any Content or information they respectively transmit to other users of the SkellUp Platform. To the extent permitted by law, each user of the SkellUp Platform agrees to indemnify, defend and forever hold harmless, all social media platforms and their associated agencies and companies, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by the user in respect of their use of the SkellUp Platform. Any questions, comments or complaints about the SkellUp Platform must be directed to SkellUp and not to any media or social media platforms.

Further Terms for Brand Accounts

1. To register a Brand Account, Brand must access the SkellUp Platform and log in in the manner required, including providing Brand’s full name, email address, office address, telephone number and credit card details. Brand will not be charged to create a Brand Account.
   
   

2. Brand will be charged upfront for each Task Brand creates (multiple tasks if you select one of SkellUp’s Subscription plans). More information on SkellUp’s Pricing and charges can be found on our pricing page, located at https://SkellUp.app/pricing/
   
   

3. Brands must adhere to the minimum spend (if applicable) implemented by SkellUp and enclosed on the Websites and the Platform. SkellUp may, at its sole discretion, change the minimum spend for Brand Accounts.
   
   

4. Brands are able to create social media campaigns on the Platform (“Campaigns”). Brand agrees that the information provided about the product/service in a Campaign is accurate.
   
   

5. With respect to Campaigns, Brand acknowledges and agrees that the Brand’s use of any Content is strictly conditional upon payment for the Campaign and then only in accordance with these Terms of Service.
   
   

6. SkellUp reserves the right to not approve the Campaigns and/or Brands that promote nudity, religious beliefs, violence, forbidden substances, as well as Brands that might cause any conflict of interests. Therefore, SkellUp also reserves the right to reject Content that promotes nudity, religious beliefs, violence and forbidden substances.
   
   

Payment Terms for Brands

1. You agree to pay SkellUp all fees and charges made to your Brand Account for all created, approved Tasks, in accordance with these Terms of Service.
   
   

2. You must pay all charges in the manner agreed upon when creating the Campaign. If no manner for payment is stated, the payment must be made by credit card using a provider authorised by SkellUp. SkellUp reserves the right to charge a credit card surcharge.
   
   

3. Brands may request that SkellUp issue an invoice for fees and charges expected to be incurred by the Brand during the course of a Campaign (“Invoice”), prior to the commencement of the Campaign.
   
   

4. Brands may be required an additional advanced payment for the Campaign, if:
   
   

   1. Creators are required to purchases Brands’ products/services before creating Content for the Campaign;
      
      

   2. SkellUp, under its sole discretion, identifies a threat to the Creator’s interest.
      
      

5. SkellUp reserves the right to refuse any Invoice request in its sole discretion.
   
   

6. Where no terms of payment are stated on an Invoice or otherwise agreed with SkellUp in writing, the following standard payment terms apply:
   
   

   1. Transactions made on Credit Card are charged upfront;
      
      

Payment of all Invoices is due in accordance with these Terms of Service.

When you create a Campaign for your Brand, you undertake that you are an authorised user of the card or account (as applicable) nominated on your Brand Account and to pay the applicable charges, that the card details provided are current, correct and complete and that your nominated card or account (as applicable) will cover the full amount of the charges. You must not pay, or attempt to pay, any charges through any fraudulent or unlawful means. Upon receiving your Campaign, we may carry out a standard pre-authorisation check of your nominated card or account (as applicable) to verify the details provided and to ensure there are sufficient funds to fulfil the Campaign Budget. The relevant Campaign may not be started until this pre-authorisation check has been completed.

If you fail to pay any charges or we are unable to successfully process your payment of any charges within the timeframe required (as applicable), we reserve the right to charge a late payment fee calculated at a rate of ten percent (10%) per annum but no less than $10.00 per month. This amount represents a genuine and reasonable estimate of such costs and expenses associated with managing and processing late payments. We also reserve the right to withdraw credit facilities (where applicable) at any time or to remove your access to the SkellUp Platform. Without limiting our rights, in the event you fail to pay any charges within the timeframe and in the manner required, we reserve the right to suspend or terminate your access to the SkellUp Platform or to suspend or terminate any current Campaigns.

Terms for Campaigns

1. SkellUp in its sole discretion reserves the right to reject Campaigns that do not comply with these Terms of Service or applicable law.
   
   

2. Upon creating the Campaign, you agree to the calculated price per Content and confirm Campaign budget.
   
   

3. You must not attempt to instruct, coerce or manipulate Creator to hide the commercial relationship between the Brand (Advertiser) and the Creator. Such attempts may result in Brand being immediately removed from the SkellUp Platform.
   
   

4. You acknowledge and agree that your right to use Content is strictly limited in accordance with these Terms of Service.
   
   

5. You warrant that:
   
   

   1. you own the Intellectual Property Rights in Content you upload to the SkellUp Platform and have the right to licence the Content to SkellUp and Creators in the manner set out in these Terms of Service; or
      
      

   2. you have the right to licence the Content to SkellUp and Creators in the manner set out in these Terms of Service; and
      
      

   3. you will not encourage or facilitate any misrepresentation or suggestion that the Brand or any entity has the approval or sponsorship of any other entity which the Brand or entity does not have;
      
      

   4. any Content you upload to the SkellUp Platform does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive.
      
      

6. Brand acknowledges that Creators are independent third parties and not directly controlled by SkellUp. As a consequence, any Content will inherently risk negative or unflattering comments about Brand’s content, products or services.
   
   

7. You acknowledge that SkellUp has not made any warranties in respect of the success of any Campaign in respect of your business or commercial performance or otherwise of any Content, Campaign, channel or other media, marketing communications channel, marketing or advertising campaign, promotion or advertisement.