TERMS OF USE
Last Update: August 19, 2026
These Creator Terms of Use constitute a legally binding agreement made between [CREATOR_FULL_NAME] ("you" or "Creator"), a natural person acting in your own name and on your own account, and [COMPANY_LEGAL_NAME] (the "Company", "OpenWild", "we", "us" or "our"), concerning your access to and use of our web platform OpenWild available at https://openwild.ai (as well as any related sub-domain, website, web application, media channel or mobile website related, linked or otherwise connected thereto), including the services offered on such platform (hereinafter collectively the "Platform"). You agree that by accessing the Platform you have read, understood and agree to be bound by all of these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The materials contained in the Platform are protected by applicable copyright and trademark law.
Accepting these Terms creates an important legal agreement between you and the Company with legal consequences. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING OR ACCESSING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.
PLATFORM OWNER
The Platform is owned and operated by [COMPANY_LEGAL_NAME], a company established at [REGISTERED_ADDRESS].
Company contact data is as follows;
E-mail: [email protected]
OpenWild is a web-based user-generated content ("UGC") and influencer campaign marketplace operated by the Company. Brands publish reward-based content campaigns and fund the corresponding reward pool in advance; Creators join those campaigns, produce content in accordance with the campaign brief and publish it on their own social media accounts; the Platform automatically monitors the performance metrics of the published content through the official interfaces of the relevant social networks and, where the campaign target is reached, initiates the reward allocation process. OpenWild is not a party to the content itself and does not commission, produce or own the content; it provides the technical infrastructure which brings Brands and Creators together and which holds and distributes the reward. As the owner of the Platform, we reserve the right to change, modify or remove the contents of the Platform at any time or for any reason at our sole discretion and otherwise manage the Platform in a manner designed to protect our rights and property and to facilitate the proper functioning of the Platform. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Platform, save for rewards which have already accrued to you in accordance with these Terms.
SPECIAL NOTICE FOR INTERNATIONAL USE AND EXPORT CONTROLS
The Company is established in and performs its business in accordance with the laws of [COUNTRY_OF_ESTABLISHMENT]. Recognizing the global nature of the Internet, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable to their use of the Platform and the Company services, including as it concerns online conduct, acceptable content, advertising disclosure and taxation.
You represent and warrant that you are not located in, and are not a national or resident of, a country which is subject to an embargo or comprehensive sanctions applicable to the Company or to its payment service providers, and that you are not listed on any applicable list of prohibited or restricted parties. The Company may suspend or terminate your account and withhold any payout where this representation is or becomes incorrect.
PLATFORM REGISTRATION AND USE
The Platform offers artificial-intelligence assisted tools which enable Creators to generate images and videos for use in campaign content ("AI Studio"). Where you use AI Studio, the resulting output is marked as artificial-intelligence generated within the Platform. You remain solely responsible for complying with any labelling, disclosure or transparency obligation applicable to artificial-intelligence generated content, and with the rules of the relevant social network, when you publish that content outside the Platform. OpenWild does not guarantee any specific result from AI Studio and reserves the right to modify or discontinue artificial-intelligence features at any time.
You may not use the Platform and may not accept these Terms if (a) you are not of legal age or otherwise not legally competent to form a binding contract with the Company, or (b) you are under eighteen (18) years of age or under the age of majority in the jurisdiction in which you reside, or (c) you are a person barred from using the Platform under applicable law, including the law of the country in which you are resident or from which you use the Platform. The Platform is intended solely for persons who are at least eighteen (18) years old, because participation in campaigns may give rise to payment and tax obligations. Persons under the age of 18 are not permitted to use or register for the Platform.
If you are using the Platform on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).
In order to register as a Creator you are required to provide your first and last name, e-mail address, a password and to select the "Creator" account type, and to verify your e-mail address. In order to join a campaign you must additionally complete your profile (username, profile picture, country and, where relevant, biography and social media links) and connect at least one social media account. In order to receive a payout you must complete the Stripe Connect onboarding process. Any registration information you give to the Company shall always be accurate and up to date and you shall be responsible for informing us promptly of any change.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to remove, reclaim or change a username you select if we determine, in our reasonable discretion, that such username is inappropriate, obscene, misleading as to identity or affiliation, or otherwise objectionable, or that it infringes the rights of a third party.
Hereinafter, any natural person who is registered to the Platform in order to produce and submit content shall be referred to as a "Creator", and any legal entity or person registered in order to create and fund campaigns shall be referred to as a "Brand". Due to the nature of the Platform, it may only be used by registered Creators and Brands. Any person who accesses https://openwild.ai without registering shall be referred to as a "User".
Member credentials (such as passwords, email or display name) are intended to be used by you and identify you. You will keep your credentials confidential and make reasonable efforts to prevent and discourage other persons from using your credentials.
As a result of your Platform registration, we may send you certain notifications or communications in connection with your use of the Platform (e.g., in order to verify user identity). These notifications and/or communications may be sent to the email or phone number registered to the Platform.
The Platform gives you the option to delete your account and, where offered, to suspend it temporarily. Deleting your account will stop all services you receive on the Platform and will delete the data you have uploaded to the Platform, subject to the retention periods set out in the Privacy Policy. Please note that: (a) content you have published on your own social media accounts is not affected and must be removed by you if you wish; (b) records relating to campaigns which have been completed, and to submissions which are subject to an ongoing dispute, are retained until the dispute is resolved and for the periods required by applicable tax legislation; and (c) any reward which has accrued to you but has not yet been paid out will be paid to you in accordance with these Terms, provided that you complete the payout process. Once you delete your account, there is no going back. Please be certain.
Creators are able to view campaign pages published by Brands, the campaign briefs, the reward amounts and targets, and the brand assets made available for the campaign. By accepting these Terms you specifically agree to and accept the conditions applicable to such content as set out below.
The Platform enables you to participate in the campaigns published by Brands. The following provisions apply to your participation in a campaign.
You may browse the campaigns published on the Platform marketplace and join those for which you are eligible. Each campaign sets out the brief, the content requirements, the eligible social networks, the objective performance target (such as a number of views, likes or comments), the reward amount and the campaign period. By joining a campaign you agree to comply with the campaign brief and with these Terms and the Acceptable Use Policy. The campaign terms as published at the time you join are the terms which apply to your participation; a Brand may not unilaterally amend them to your detriment after you have joined.
In order to join a campaign you must connect the social media account on which you will publish the content (YouTube, Instagram, TikTok or, when available, X) to the Platform through the official authorisation (OAuth) flow of that network. By connecting an account you authorise OpenWild to access, through the official interfaces of that network, the public profile information of the connected account and the performance statistics of the content you submit, for the purposes of verification and reward allocation. You may disconnect a connected account at any time; however, disconnection may prevent verification of your open submissions and may result in the loss of any reward which has not yet accrued. You are responsible for complying with the terms of service of each social network on which you publish content.
REWARDS, VERIFICATION, CLAIMS AND DISPUTES
When a Brand creates a campaign, the total reward amount for that campaign is deducted from the Brand's wallet and is held by OpenWild in a reward pool for the duration of the campaign. Amounts held in the reward pool are held for the purpose of settling accrued rewards and do not constitute a deposit, do not bear interest and give you no proprietary right until the reward accrues to you in accordance with this section.
The Platform checks, at regular intervals, the performance metrics of the content you have submitted, through the official interfaces of the connected social network. Where the objective target published in the campaign is reached, the Platform automatically generates a claim on your behalf. Verification is a purely technical measurement based on the figures published by the relevant social network; OpenWild does not guarantee the accuracy, availability or continuity of those figures or of the interfaces through which they are obtained, and is not liable where a social network restricts, delays or discontinues access to them.
A claim which has been generated automatically is submitted to the Brand for approval. The Brand assesses only whether the content complies with the campaign brief; the Brand does not assess whether the target has been reached, as this is determined automatically by the Platform. Where the Brand approves the claim, the reward is released from the reward pool and the payout process is initiated. Where the Brand does not respond within seventy-two (72) hours, the claim is deemed approved and the reward is released.
Where the Brand rejects a claim, it must select the criterion in the campaign brief on which the rejection is based and provide a detailed reason. Rejection automatically opens a dispute. You may object to the rejection and submit your explanation within the dispute. The parties have forty-eight (48) hours from the opening of the dispute to reach agreement. Where the parties reach agreement within that period, OpenWild does not intervene. Where they do not, OpenWild will review the dispute and decide, on the basis of the objective criteria published in the campaign brief and of the content submitted, whether the reward is payable. The reward remains in the reward pool for the duration of the dispute.
A decision taken by OpenWild under the preceding paragraph is limited to determining whether the reward held in the reward pool is released to the Creator or returned to the Brand. It is a contractual determination made for the operation of the Platform only. It does not constitute an arbitral award or a determination of any other claim between you and the Brand, it does not prevent either party from pursuing its rights before the competent courts, and OpenWild assumes no liability towards either party in respect of such determination beyond the release or return of the amount held.
You must keep the content which is the subject of a submission published on the relevant social network, in publicly accessible form, until the reward has been paid and for ninety (90) days thereafter. Where you delete, hide or restrict access to the content before that time, or where you disconnect the relevant social media account, any reward which has not yet accrued lapses and OpenWild and the Brand shall have no liability in respect of it.
A Brand may cancel a campaign only where no Creator has yet joined it. Where a campaign is cancelled after you have joined it, the reward accrues to you in accordance with these Terms to the extent that you have reached the target.
Joining a campaign does not guarantee that you will receive a reward. A reward is payable only where the objective target is reached, the content complies with the campaign brief and these Terms and the Acceptable Use Policy are complied with.
PAYMENTS, FEES AND TAXES
Payouts are made through Stripe Connect Express. In order to receive a payout you must create a Stripe connected account and complete the identity verification and, where applicable, tax onboarding required by Stripe. Your identity documents, bank account and tax information are collected and held directly by Stripe; OpenWild does not see or store them. Your use of Stripe is additionally subject to the Stripe Connected Account Agreement and Stripe's own terms.
Where you are unable to complete Stripe onboarding, or where Stripe restricts or closes your connected account, we may be unable to pay out a reward which has accrued to you. In that event we will hold the reward for a reasonable period and will work with you in good faith to find an alternative method of payment where one is lawfully available.
OpenWild may deduct a service fee and any payment processing fee from the reward. The applicable fee is displayed within the Platform before you join a campaign and may be changed prospectively upon notice; a change does not affect campaigns which you have already joined.
You are solely responsible for the declaration and payment of any income tax, value added tax, social security contribution or other public charge arising in your jurisdiction in connection with rewards you receive, and for issuing any invoice or document required under applicable law. Rewards are paid gross unless withholding is required by applicable law, in which case we or our payment service provider may withhold and remit the required amount. You are not an employee, agent, partner or joint venturer of OpenWild or of any Brand, and nothing in these Terms creates an employment relationship.
PLATFORM PRIVACY AND TRACKING, INTERNET COOKIES POLICY
We care about data privacy and security. The use of this Platform and any of its forms and registered services requires the processing of Creator and User data, with the Company acting as data controller, for purposes which include the provision of the Platform and the services, the verification of submissions, the allocation and payment of rewards, the collection of access data and the sending of transactional notifications. For more information and for your data protection rights, please review our Privacy Policy available at here.
Our Platform uses first-party cookies which are strictly necessary for authentication, session management and security, together with certain functional cookies. We do not use third-party analytics or advertising cookies. Please read our Cookie Notice carefully to find out how cookies are used, configured and rejected. Our Cookie Notice is available at here.
By using the Platform, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised that the Platform application and database are hosted on servers located in Türkiye, and that your personal data is transferred abroad through our service providers as described in the Privacy Policy.
We also provide you with access to, or transfer, your personal data at your written request, provided that we are not legally restricted from doing so or otherwise prevented from doing it due to circumstances beyond our reasonable control. Please address your request to [email protected].
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, Platform designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.
The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
A User who encounters an intellectual or industrial property rights infringement may complete the IP infringement notification form available on the Platform and submit it to OpenWild’s contact address. A User who believes their personal data has been violated, or who wishes to obtain information about how their personal data is processed, to whom it is transferred, or other related matters, may complete the personal data notification form available on the Platform and submit it to OpenWild’s contact address at [email protected].
All intellectual and industrial property rights of the Platform belong to the Company. Users are granted a limited, non-exclusive, non-transferable, revocable license to use the Platform software solely for personal use within the scope of the Platform’s intended purpose. No other license, financial right, or permission is granted to Users beyond this limited license.
The ownership of, and the licences granted in respect of, the content you produce for a campaign are governed by the following section.
CREATOR CONTENT
You retain ownership of the content which you produce and submit in connection with a campaign ("Creator Content"), including the content generated through AI Studio to the extent that ownership of such output is capable of vesting in you under applicable law.
Licence to OpenWild. You grant OpenWild a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, reproduce, display and communicate your Creator Content and the associated metrics on the Platform, for the purposes of operating the Platform, displaying your submission to the relevant Brand and to OpenWild's authorised personnel, verifying submissions and resolving disputes. This licence terminates when the Creator Content is removed from the Platform, save to the extent that retention is required in order to resolve a dispute, to comply with a legal obligation or in respect of copies held in routine back-ups.
Promotional licence to OpenWild. You additionally grant OpenWild a worldwide, non-exclusive, royalty-free licence to use your username, profile picture and Creator Content for the purpose of promoting the Platform and the campaigns published on it. You may withdraw this promotional licence at any time by notice to [email protected], in which case OpenWild will cease such promotional use within a reasonable period; withdrawal does not affect uses already made.
Licence to the Brand. Where a reward is paid to you in respect of a submission, you grant the relevant Brand the licence set out in the campaign brief. Unless the campaign brief expressly provides otherwise, that licence is a worldwide, non-exclusive, royalty-free licence, for a period of twelve (12) months from payment, to use, reproduce, distribute and display the Creator Content for the Brand's own marketing purposes on the Brand's own channels, together with the right to promote (boost) the content on the social network on which it was published. Any broader right, including exclusivity, assignment of rights, use in paid media outside the relevant social network, or unlimited duration, must be expressly agreed in the campaign brief. OpenWild is not a party to that licence and does not warrant its performance by the Brand.
Warranties. You represent and warrant that you are the creator and owner of, or hold all necessary licences, rights, consents and permissions in respect of, the Creator Content; that it does not infringe any third-party right, including copyright, trademark, design, personality or privacy rights; that you have obtained the written consent of every identifiable individual appearing in it; that any third-party music, footage or other material used in it is cleared for the intended use; and that the Creator Content complies with all applicable advertising, consumer protection and disclosure rules.
Advertising disclosure. Content produced under a campaign is commercial communication. You must disclose its commercial nature clearly and prominently on the platform on which it is published, in the manner required by applicable law and by the rules of the relevant social network (for example by using the platform's branded-content or paid-partnership tool and an appropriate disclosure such as #ad, #sponsored or "işbirliği"). Failure to do so is a material breach of these Terms.
CONFIDENTIALITY
Our communications to you and our Platform may contain OpenWild confidential information. OpenWild confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without OpenWild's prior written consent.
OpenWild confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose OpenWild confidential information only when compelled to do so by law if you provide us reasonable prior notice unless a court of applicable jurisdiction orders that we not receive notice.
MEMBER GENERATED CONTRIBUTIONS
The Platform may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, reviews or personal information or other material (collectively, "Contributions") through various channels. Contributions may be viewable by other users of the Platform. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary unless you mark them as private and send them specifically and only to us using the contact information provided above.
If you provide feedback or suggestions about our Platform or any services, then we (and those we allow) may use such information without obligation to you.
We may provide you with areas on the Platform in which to add free-text notes to your submissions. Such notes are visible only to the Brand which owns the relevant campaign and to authorised OpenWild personnel. There is no in-app messaging feature between Creators and Brands other than the campaign brief, the submission note and the dispute process.
When you create or make available any Contributions, you thereby represent and warrant that:
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Platform, and other Users of the Platform to use your Contributions in any manner contemplated by the Platform and these Terms.
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Platform and these Terms.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions are not false, inaccurate, or misleading.
ACCEPTABLE USE AND CONDUCT POLICY
As a User or a Member, you hereby expressly agree and warrant that any Contribution shall not violate the rights of any third-party individuals and in particular shall not violate the following terms and principles (“Prohibitions”).
With regard to Contributions, you hereby warrant that you shall comply with the following Prohibitions;
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, junk mail, mass mailings, contests, sweepstakes or any other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, pornographic, filthy, violent, harassing, tortious, bullying, libelous, slanderous, defamatory, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, bully or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people and poses or creates no privacy or security risk to any person;
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive, hateful or discriminatory comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
You will not access the Platform through automated or non-human means or use machine-generated user identities, whether through a bot, script or otherwise.
You will not use the Platform for any illegal or unauthorized purpose; and
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.
You will not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
Except as may be the result of standard search engine or Internet browser usage; use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
You will not interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
You will not use any Member personal data or OpenWild Member Content shared with you by such member in any manner inconsistent with the consent of the sharing Member and in any way which may be deemed illegal under any applicable law.
You will not use the Contributions made by other Members of the Platform in any obscene, lewd, lascivious, pornographic, filthy, violent, harassing, tortious, bullying, libelous, slanderous, defamatory, or otherwise objectionable (as determined by us) manner and you shall not use such Contributions made available by other Members of the Platform to ridicule, mock, disparage, intimidate, bully or abuse them or other Members.
For the avoidance of doubt, you may not use any personal information provided by another Member and accessible by you for any purpose without the express consent of the relevant Member.
You hereby also agree as part of the Prohibitions, to not use the Platform to create or upload and/or transmit (or attempt to upload or to transmit) any content that;
you do not have a right to upload under any law or under contractual or fiduciary relationships;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
in the sole judgment of The Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Platform, or which may expose The Company or its Members to any harm or liability of any type; or
harvest or collect email addresses; physical addresses, or other contact information of other Members from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; or
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Platform.
attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
any material that acts as a passive or active information collection or transmission mechanism.
Any use of the Platform in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Platform.
The Company reserves the right to investigate and take appropriate legal action against anyone who, at The Company’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account and application(s) of such violators and reporting you to the law enforcement authorities.
You may not use the Platform, the Services or the Platform content to advertise or sell your own products or services, to solicit Brands or other Creators outside the Platform, or to circumvent the Platform in respect of a campaign which you have found through it. In particular, you may not agree with a Brand to perform a campaign which you found on the Platform outside the Platform in order to avoid the applicable fee. For the avoidance of doubt, producing content and receiving a reward under a campaign published on the Platform is the intended use of the Platform and is not restricted by this paragraph.
OpenWild reserves the right, without prior notice, to: (a) make all or part of the Services subject to a fee; (b) add new services or make existing services available on a paid basis; (c) change, modify, disable, or discontinue all or part of the Platform, including its content, services, visual design, and other elements; or (d) discontinue the publication of the Platform entirely. OpenWild shall have no liability to Users or any third party for any such modification, price change, suspension, or discontinuance.
The Platform marketplace displays campaigns published by Brands. OpenWild reviews campaigns before publication for the limited purpose of screening out unlawful or manifestly inappropriate content, and either approves and publishes the campaign or rejects it. That review is not an endorsement of the Brand, of its products or services, or of the terms of the campaign, and does not constitute advice to you. OpenWild does not verify the accuracy of the statements made by a Brand in its campaign brief and is not a party to your relationship with the Brand beyond the holding and release of the reward described in these Terms.
CONTRIBUTION LICENSE ISSUED TO THE COMPANY BY MEMBER
The licences you grant in respect of Creator Content are set out in the section titled "Creator Content" above. In addition, by making any other Contribution available to the Platform (including notes, feedback and correspondence), you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, store and display that Contribution for the purpose of operating and improving the Platform.
You acknowledge and agree that OpenWild may use data relating to campaigns and submissions in aggregated and anonymised form in order to generate statistical and benchmarking reports ("Statistics"). Statistics do not identify you individually. Statistics already generated cannot be retroactively removed upon deletion of your account, as they contain no information identifying you as an individual.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. To the extent permitted by applicable law, you waive all moral rights in your Contributions. Where such waiver is not permitted by law, you agree not to enforce such moral rights against OpenWild in connection with its exercise of the license granted under these Terms.
We are not liable for any statements or representations in your Contributions provided by you in any area on the Platform. You are solely responsible for your Contributions to the Platform and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion;
to edit, redact, or otherwise change any Contributions;
to re-categorize any Contributions to place them in more appropriate locations on the Platform; and
to pre-screen or delete any Contributions at any time and for any reason, without notice.
We have no obligation to monitor your Contributions.
CREATOR CONDUCT, STRIKES AND SUSPENSION
In addition to the Prohibitions set out above and in the Acceptable Use Policy, you must not: (a) generate, purchase or procure artificial views, likes, comments, shares or followers, or use bots, automation, engagement pods, click farms or paid traffic in order to reach or appear to reach a campaign target; (b) submit content which you did not produce or in respect of which you do not hold the necessary rights; (c) submit the same content to more than one campaign except where the campaign brief expressly permits it; (d) create or use more than one Creator account, or use another person's account or social media account; (e) manipulate, spoof or interfere with the metrics used for verification, or the interfaces through which they are obtained; (f) publish content which disparages the Brand or OpenWild while claiming a reward under a campaign; or (g) make any statement suggesting that OpenWild endorses a Brand, a product or a service.
Where we reasonably suspect a breach of this section we may, in a manner proportionate to the breach: request additional information; suspend verification of a submission; withhold a reward pending investigation; record a strike against your account; suspend your account temporarily; or, in the case of a serious or repeated breach, terminate your account and reject the related claims. We will notify you of the measure taken and of the reason for it, unless we are prevented from doing so by law or by an ongoing investigation.
Where your account is banned you may submit a ban appeal through the Platform. We will review your appeal and notify you of the outcome. Where a ban is lifted, any reward which had accrued to you before the ban is paid out.
Withholding a reward under this section does not entitle OpenWild to retain that reward for its own benefit; where a claim is finally rejected the amount is returned to the Brand's wallet.
DISCLAIMER
OpenWild does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Platform or otherwise relating to such materials or on any Platforms linked to this Platform.
Although we perform regular routine backups of data, you as Member are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Platform. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
The materials appearing on The Company's Platform could include technical, typographical, or photographic errors including descriptions, availability, and various other information. The Company does not warrant that any of the materials on its Platform are accurate, complete or current. Although The Company may make changes to the materials contained on its Platform at any time without notice; The Company does not make any commitment to update said materials however we reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Platform at any time, without prior notice.
We cannot guarantee the Platform will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in these Terms will be construed to obligate us to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.
TO SUMMARIZE, OPENWILD PLATFORM IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES. USE OF OPENWILD SERVICES IS AT YOUR OWN RISK. OPENWILD MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPENWILD AND ITS SUPPLIERS AND RESELLERS HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS, WITH REGARD TO THE OPENWILD PLATFORM, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS. USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
OPENWILD (AND ITS AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DOES NOT WARRANT THAT THE OPENWILD PLATFORM IS ACCURATE, RELIABLE, OR CORRECT; THAT THE PLATFORM WILL MEET MEMBER'S REQUIREMENTS; THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY AND INDEMNIFICATION
TO THE EXTENT PERMITTED BY LAW, WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE TOTAL AMOUNT OF REWARDS PAID OR PAYABLE TO YOU THROUGH THE PLATFORM IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CLAIM AND (II) THE AMOUNT OF ANY REWARD WHICH HAS ACCRUED TO YOU AND IS HELD IN THE REWARD POOL. NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN ALL CASES, OPENWILD AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
MODIFICATIONS TO TERMS AND CONDITIONS
OpenWild may revise these Terms from time to time. We will notify you of any material change through the Platform or by e-mail at least thirty (30) days before the change takes effect. Your continued use of the Platform after the effective date constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms you must discontinue use of the Platform; the terms of campaigns which you have already joined continue to be governed by the version of these Terms in force when you joined.
Supplemental terms and conditions or documents that may be posted on the Platform from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
We will notify you of any material changes to these Terms via the Platform or by email prior to the changes taking effect. Your continued use of Platform after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must discontinue use of the Platform.
GOVERNING LAW AND SETTLEMENT OF DISPUTES
THESE TERMS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF the Republic of Türkiye, AND THE COURTS AND EXECUTION OFFICES OF İstanbul (Çağlayan) courts and execution offices SHALL HAVE JURISDICTION, WITHOUT PREJUDICE TO THE RIGHT OF A CONSUMER TO BRING PROCEEDINGS BEFORE THE COURTS OR CONSUMER ARBITRATION COMMITTEE OF THEIR PLACE OF DOMICILE WHERE APPLICABLE MANDATORY LAW SO PROVIDES.
TERMINATION
These Terms shall remain in full force and effect while you use the Platform. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
OpenWild has adopted a policy of terminating, in appropriate circumstances and at its reasonable discretion, the access to the Platform of Creators who are deemed to be repeat infringers of copyright or other intellectual property rights. A rightholder who considers that content on the Platform infringes its rights may submit a notice to [email protected] identifying the content and the right infringed; we will assess the notice and, where appropriate, remove or disable access to the content and notify the Creator concerned, who may submit a counter-notice.
GENERAL PROVISIONS
This Terms were contracted in the English language. If The Company provides a translation of the Terms, it does so for your convenience only and the English Terms shall solely govern the relationship between OpenWild and Members and Users. Accordingly, if there is a discrepancy between the English language version and other translations of these Terms, the English version shall prevail.
The Terms do not create any third-party beneficiary rights or any agency, partnership, or joint venture between OpenWild and its Members or Users.
Nothing in the Terms will limit either party's ability to seek injunctive relief.
If you do not comply with the Terms and OpenWild does not take action right away, this does not mean that OpenWild is giving up any rights that it may have (such as taking action in the future).
If it turns out that a particular provision contained in this Terms or any annexes thereof is determined to be unlawful, void, or otherwise unenforceable, such provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
These Terms operate to the fullest extent permissible by law and represent the entire agreement between you and OpenWild relating to its subject and supersede any prior or contemporaneous agreements on the subject matter.
Visiting the Platform, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and/or through notification on the Platform, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PLATFORM. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
We, as OpenWild may assign any or all of our rights and obligations to others at any time.
You agree that these Terms will not be construed against us by virtue of having drafted them.