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Terms of Service

Version tos-v1.1.0 · not yet in force: published for review

This is a draft and binds nobody. The marketplace is not open, no account can be created, and nothing here has been accepted by anyone. It is published so it can be read and argued with before it takes effect.

Every clause has been written to be one that could actually stand. Three things still have to happen before it can: a lawyer has to read it, the legal entity and its notice address have to exist, and two questions have to be answered. Those questions are how the reinstatement fee in section 9 is structured, and which law and which court govern a dispute with SptChck under section 23. Section 23 does not name a law or a court today, because neither has been chosen.

1.What SptChck is, and what it is not

SptChck is a platform. It introduces content creators to advertisers, gives them a way to talk, helps them price and paper an arrangement, and holds the advertiser's payment with a licensed payment processor until the work is approved.

That is the whole of what SptChck does. In plain terms:

  • SptChck is not a party to any agreement between a creator and an advertiser. Those two contract with each other. SptChck administers the arrangement and is bound to each of them only by these Terms.
  • SptChck is not an employer, agent, manager, broker, talent agency, or fiduciary of either party, and does not act on either party's behalf.
  • SptChck does not produce, commission, direct, review or approve advertising content. Creators decide what they make and publish; advertisers decide what they buy.
  • SptChck does not guarantee any outcome, that a creator delivers, that an advertiser pays, that content performs, that anyone is who they say they are beyond what section 4 describes, or that any arrangement is a good one.
  • SptChck is not a bank and never holds your money. See section 6.

Where these Terms say SptChck "may" do something, it means SptChck has the discretion and not the obligation to do it. Nothing in these Terms creates a duty SptChck has not expressly accepted.

You accept these Terms by clicking to accept them when you create an account, and SptChck records which version you accepted and when. Reading the public pages of this site does not bind you to anything.

2.Who may use SptChck

You must be at least 18 and able to enter a binding contract. SptChck is not offered to under-18s, and an account found to belong to one is closed.

If you use SptChck for a company, you confirm you are authorised to bind it, and "you" means both you and that company.

You must not be subject to sanctions or located in a sanctioned territory, and you must not use SptChck for anything unlawful.

One account per person or company. Creating a second account to evade a suspension is itself a breach of section 10.

3.Your account

You are responsible for your account, for keeping your credentials secure, and for everything done through it. Tell SptChck promptly if you believe it has been compromised.

You will give accurate information and keep it current. Impersonating another person, business or channel is grounds for immediate and permanent removal.

4.What SptChck verifies, and what it does not

SptChck labels every creator metric with how it was obtained, and the label is the promise, not the number.

  • Platform-connected means the creator signed in to that platform through SptChck and the figures came from the platform's own interface at the stated time. It proves control of the account at that moment.
  • Self-reported means the creator typed it. SptChck has not checked it.

Neither label is a guarantee of future performance, of audience authenticity, or of the person's identity beyond what the check actually establishes. Figures are accurate as at the time shown and platforms change.

Identity and business checks, where run, are performed by third-party providers. SptChck relies on their output and does not independently confirm it. A badge on a profile is a statement about a check that was performed. It is not SptChck vouching for anyone.

5.Agreements between creators and advertisers

When a creator and an advertiser agree to work together, they enter a Campaign Agreement with each other. SptChck generates that document from what they both put in.

SptChck does not give legal advice. It assembles a document from your inputs. Whether its terms are right for you is your decision, and you should take your own advice. SptChck does not represent either party, does not advise either party, and does not review whether an arrangement is fair, sensible or lawful for you.

Each party is responsible for performing its own agreement. If the other party breaches, your claim is against them. SptChck is not liable for either party's performance, non-performance, or conduct, and the only role it takes is the one described in section 11.

6.Payments, fees, and how money is held

When an advertiser funds a deal, the payment is taken and held by SptChck's licensed payment processor. It is released to the creator when the work is approved, or when approval is deemed given under the Campaign Agreement.

SptChck never takes custody of your money. There is no SptChck wallet, balance, top-up or withdrawal. Funds sit under the payment processor's licences and move between the parties' accounts. SptChck's fees are deducted at the points described in its published pricing.

You will not provide card details to SptChck directly. Payment details are collected by the payment processor through its own hosted interfaces, and SptChck neither receives nor stores them.

Fees are as published at the time a deal is created and are stamped onto that deal. Changing published pricing later does not change a deal already made.

Payment processing, payout timing, holds and reversals are governed by the payment processor's own terms, which you accept when you onboard. SptChck is not liable for the processor's decisions, including a decision to hold, delay, reverse or decline a payment or payout.

7.Tax

You are responsible for your own taxes. SptChck does not withhold, does not advise on tax, and is not your accountant.

Non-cash consideration (gifted product, loaned items, trips and experiences) is generally taxable to the creator at fair market value. SptChck records the value stated by the parties and reports where required. It does not verify that a stated value is correct.

Information returns, where required, are issued by the payment processor.

8.Messaging and conduct

Messaging exists so approved matches can do business. Use it for that.

You will not use SptChck to harass, threaten, defraud, spam or discriminate against anyone; to send malware; to scrape it; to reverse-engineer it; or to work around any limit it places on your account.

SptChck may scan messages and attachments for malware, for the exchange of contact details, and for signals of fraud or circumvention. It may warn you, redact content, or flag a conversation for review.

That scanning is automated and partial. It is not a promise to read, review or moderate what users say to each other, and it creates no duty to detect anything. SptChck does not adopt or endorse user content and is not responsible for it.

Advertisers will not ask creators to omit or obscure an advertising disclosure. Creators will not publish paid content without one. This is not negotiable between you, and SptChck will act on it.

9.Keeping deals on SptChck

SptChck is paid out of the deals it creates. An introduction made here and then taken off the platform to avoid the fee is the one breach that goes to whether the business can exist at all, so the consequences are set out plainly.

The rule. SptChck earns its fee on the introduction, not on the paperwork. For 24 months after SptChck introduces you to someone, a deal between the two of you for the kind of work you were matched for carries SptChck's published fee, whether or not you run it through SptChck.

That is a fee, not a restriction on who you may work with. Nothing in these Terms stops you working with anyone, limits what you may charge, controls what you may make, or tells you where you may do business. You may contract with anyone you meet here, on any terms you agree between you. What is protected is the fee on an introduction SptChck paid to create, and running the deal on SptChck is simply the way to pay it while keeping the payment protection, the record and the dispute process.

If you report it, nothing happens to you. If the other party proposes taking a deal off-platform and you tell SptChck within 14 days, you face no suspension and no fee, whatever the other party does. Reporting is always better for you than staying quiet.

Otherwise, both sides are suspended. The breach is taking a deal off-platform to avoid the fee, not working together as such. Agreeing to another user's proposal to do it is as much a breach as making the proposal, so it costs you your own account as well as theirs.

First timeEvery time after
Suspension30 daysIndefinite
To be reinstated50% of the off-platform deal value100% of the off-platform deal value
Also requiredNothing furtherFull disclosure of every off-platform engagement with counterparties met here, with evidence

What the reinstatement fee is. It is the price of an optional benefit, not a fine. SptChck is entitled to close an account for this breach and keep it closed. If you would rather not pay, you do not have to: the suspension simply stands, and you owe SptChck nothing under this paragraph. Paying it buys the restoration of something you are not otherwise entitled to.

After a second infraction, reinstatement is at SptChck's discretion even where the fee is paid and disclosure is made.

What SptChck can actually recover from you in court is separate from the reinstatement fee, and smaller: the unpaid platform fee itself, currently 10.5% of the value of the off-platform deal. That is the whole of SptChck's monetary claim against you, and it does not claim more.

Infractions count for 24 months.

10.Refusal, suspension and appeals

SptChck may refuse, limit, suspend or close any account, at any time, for any lawful reason. You have no right to an account and no right to have one restored.

Reasons include, and are not limited to: breach of these Terms, suspected fraud or impersonation, unverifiable metrics, chargebacks, repeated disputes, conduct toward another user, a payment processor's decision, a legal or regulatory requirement, or a judgement that continuing to serve you presents a risk to SptChck or its users.

What SptChck never refuses on. SptChck does not refuse, limit, suspend or close an account on the basis of: race, colour, ancestry, national origin, religion, disability, medical condition, genetic information, marital status, sex, gender, gender identity or expression, sexual orientation, citizenship, primary language, immigration status, age, veteran or military status. That commitment is unconditional and does not depend on whether any particular statute reaches this platform. Every refusal is recorded with the actual ground it was made on, and that record is what SptChck will stand on if it is ever asked to.

Appeals. You may appeal within 30 days by contacting SptChck with anything you want considered. SptChck will review it. Its decision after that is final as a matter of these Terms; nothing in this paragraph waives any legal right you have.

Where funds are already held for a deal when an account is suspended, SptChck will complete or unwind that deal as fairly as it can, and being suspended does not by itself forfeit money owed to you for work already approved.

11.Disputes between users, and SptChck’s role in them

If a creator and an advertiser disagree while SptChck holds funds, either may raise a dispute. SptChck will look at what both sides submit and direct the held funds: released, returned, or split.

That decision is administrative, not judicial. It decides where money SptChck is holding goes. It is not arbitration, not a legal judgment, and it does not determine anyone's legal rights. A party who disagrees keeps every claim they would otherwise have had against the other, and may pursue it as if the decision had not been made.

SptChck is not liable to either party for that decision, for declining to make one, or for the outcome of the underlying arrangement. It is not obliged to investigate, to take sides, or to act as anyone's advocate.

Once SptChck has directed funds and the payment processor has moved them, SptChck cannot reverse it.

12.Your content

You keep everything you own. Creators own the content they make; these Terms transfer nothing.

You grant SptChck a non-exclusive, worldwide, royalty-free licence to host, store, reproduce and display what you upload, only so far as is needed to operate the platform: showing your profile to the people it is meant to be shown to, delivering your messages, and displaying your work to a counterparty. It ends when you delete the content or close your account, except where a copy must be retained under section 14.

SptChck will not use your content to advertise SptChck without asking you first.

You are responsible for having the rights to what you upload. SptChck does not pre-screen user content and is not responsible for it. It may remove content on notice of infringement, and will terminate repeat infringers.

13.Your data: what SptChck collects and why

SptChck collects what it needs to run the platform and no more:

  • Account and profile data you give it: name, email, business details, channels, rates, preferences.
  • Platform metrics, where you connect an account: follower and view figures and their timestamps. Connection tokens are encrypted at rest, never written to logs, and never returned by any interface.
  • Deal records: what was agreed, what was delivered, what was paid.
  • Messages between matched parties.
  • Technical data: IP address, device and browser, and how you use the site.
  • Verification results from third-party providers. SptChck stores the outcome, not underlying identity documents.

Optional demographic information a creator chooses to give is used only to rank them higher for campaigns that asked for it. It is never shown to advertisers, never used to set a price, never sold or shared, and leaving it blank never lowers a score. It can be deleted at any time.

SptChck does not sell your personal information and does not share it for cross-context behavioural advertising.

It shares data only with: the payment processor, verification providers, infrastructure and communication providers acting on instruction, and anyone a law or valid legal process requires. Each is bound to use it only for the service it provides.

This section is a summary. The Privacy Notice published on this site governs in full, and where the two differ the Privacy Notice wins.

14.How long SptChck keeps things

Each period below is the shortest that still meets the obligation beside it. Data kept past its purpose is a liability with no benefit.

WhatKept forWhy
Account and profile after closure30 daysReversing an accidental closure, then deletion
Deal, payment and payout records7 yearsTax and financial record-keeping
Tax records7 yearsStatutory
Messages, after the deal closes2 yearsDispute and circumvention evidence
Audit log7 yearsSecurity and financial integrity
Platform metric snapshots25 monthsYear-on-year comparison
Waitlist entries that never became accounts24 monthsThen deleted
Support tickets3 yearsService history

Backups roll off on their own schedule, so deleted data may persist in a backup for a short period before it is overwritten. It is not restored to live systems.

Where a record must be kept for a legal reason after you ask for deletion, SptChck keeps only that record, for only that reason.

15.Your rights over your data

Depending on where you live, you may have the right to know what SptChck holds about you, to get a copy, to correct it, to delete it, to limit how it is used, and not to be treated worse for exercising any of these.

Ask by contacting SptChck. It will respond within 30 days, inside the 45 days the CCPA/CPRA allows, and will extend only where the law permits and will say so.

If you are in the UK or EU, the GDPR gives you these rights plus the right to object to certain processing and to complain to your supervisory authority. Special category data, including racial or ethnic origin, is processed only where you have explicitly and freely consented, and withdrawing that consent is always available and never disadvantages you.

SptChck does not make decisions producing legal or similarly significant effects about you by automated means alone.

16.Security

SptChck takes reasonable technical and organisational measures to protect your data, including encryption in transit and at rest, scoped access, and audit logging.

No system is perfectly secure and SptChck does not promise one is. It does not warrant that the platform will be uninterrupted, error-free, or free of harmful components. You are responsible for your own credentials and devices.

SptChck will notify affected users and regulators of a personal data breach as the law requires.

17.Third parties

SptChck depends on services it does not control: the payment processor, the social platforms, identity providers, hosting and email. SptChck is not responsible for their acts, omissions, outages, pricing, policy changes, or decisions about you, including a platform suspending your channel or a processor declining your account.

Links to third-party sites are not endorsements.

18.Disclaimers

SptChck is provided "as is" and "as available". To the fullest extent the law allows, SptChck disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or trade usage.

SptChck does not warrant that: the platform will be available or uninterrupted; that any figure, estimate or recommendation it produces is accurate; that a rate estimate reflects what any advertiser will actually pay; that a match will lead to a deal; that a deal will be performed; or that any user is who they claim to be.

The rate calculator and any pricing estimate are estimates. They are produced from a model built on general market assumptions, they are not an appraisal, not advice, and not a guarantee of any price.

Nothing here excludes liability that cannot lawfully be excluded, including for fraud, gross negligence, wilful misconduct, death or personal injury caused by negligence, or any statutory right you have as a consumer. Some jurisdictions do not allow certain exclusions, so some of this may not apply to you.

19.Limitation of liability

To the fullest extent the law allows:

SptChck is not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, lost opportunity or reputational harm, however caused and on any theory of liability, even if told such damage was possible.

SptChck's total liability to you, for all claims taken together, is capped at the greater of: the total fees you paid SptChck in the twelve months before the claim arose, or one hundred dollars.

SptChck is not liable for anything arising from: another user's conduct, performance or content; an agreement between you and another user; a decision of the payment processor or a social platform; or your reliance on any estimate, metric, badge or recommendation.

Nothing in this section limits SptChck's liability for its own fraud, for wilful injury to a person or their property, or for a violation of law, whether wilful or negligent. A limitation of that kind is void under California law whether it is written as a release or as a cap, and none is attempted here.

This clause survives termination and applies even if a limited remedy fails of its essential purpose.

20.Indemnity

You will defend, indemnify and hold harmless SptChck, its officers, employees and agents against any claim, loss, liability, damage or cost, including reasonable legal fees, arising from: your use of SptChck; your content; your breach of these Terms or of any law; your agreement with another user; and any claim that content you published was misleading, undisclosed as advertising, or infringed someone's rights.

This indemnity does not reach SptChck's own conduct. You owe nothing under it to the extent the claim arises from SptChck's own act, omission, negligence or breach of these Terms.

SptChck will tell you promptly of any such claim and will not settle it in a way that imposes an obligation on you without your consent, which you will not unreasonably withhold.

21.Changes to these Terms

SptChck may change these Terms. Each version has a number and a date, and SptChck records which version you accepted.

For a material change, SptChck will give at least 30 days' notice by email and in the product, and will ask you to accept the new version before you next use your account. A material change binds you when you accept it, not because you carried on using the site. If you would rather not accept it you may close your account, and deals already in flight complete under the version you are on.

A change never applies backwards. Deals already made, and enforcement of conduct that already happened, are governed by the version in force at the time.

22.Ending this

You may close your account at any time. SptChck may suspend or close it under section 10.

Closing does not cancel obligations already incurred: deals in flight complete or unwind, fees already earned remain payable, and money owed to you for approved work is still paid.

section 9, section 12, section 14, section 18, section 19, section 20, section 23 and this section survive.

23.Governing law, and disputes with SptChck

Before either of us files anything, you agree to contact SptChck and try to resolve the matter informally for 30 days. Most disagreements end there.

These Terms do not require arbitration and contain no class-action waiver. You keep every forum the law gives you, small claims court included, and either party may ask a court for urgent injunctive relief at any time.

The governing law, and the court that hears anything informal resolution does not settle, are stated in the version of these Terms in force when you accept them. SptChck will never apply a choice of law or a choice of court to you that was not published in the version you accepted.

24.General

Whole agreement. These Terms, the Privacy Notice and SptChck's published pricing are the whole agreement between you and SptChck.

Severability. If any part is unenforceable, the rest continues, and that part is narrowed to the minimum extent needed rather than struck entirely.

No waiver. SptChck not enforcing something once does not mean it has given up the right to.

Assignment. You may not assign these Terms. SptChck may, to a successor of its business.

No third-party beneficiaries, except that the Campaign Agreement's off-platform clause is enforceable by SptChck.

Notices to you go to the email address on your account. Notices to SptChck go to legal@sptchck.com.

Force majeure. Neither party is liable for a failure caused by something outside its reasonable control.

Contact. legal@sptchck.com