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Creator Terms of Service

Effective Date: June 26, 2026 Version: 1.0

1. Introduction and Acceptance

These Creator Terms of Service (“Creator Terms” or “Terms”) are a binding agreement between you (“Creator,” “you,” or “your”) and Yoho Solutions Inc., a Delaware corporation (“Yoho,” “we,” “us,” or “our”), governing your access to and use of the Yoho platform, marketplace, and related services (collectively, the “Services”) in your capacity as a content creator.

By clicking “I agree” (or a similar affirmation), creating a Creator account, or otherwise accessing or using the Services as a Creator, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you may not access or use the Services as a Creator.

You represent that you are at least 18 years old and have the legal capacity to enter into a binding contract.

These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, DMCA / Copyright Policy, and the Stripe agreements referenced in Section 9. If you are also a brand user, separate Brand Terms of Service govern that relationship.

2. Definitions

  • “Brand” means a business user of the Services that engages Creators to produce Deliverables.
  • “Engagement” means a content or services arrangement between a Brand and a Creator facilitated through the Services.
  • “Deliverable” means any content, asset, or work product a Creator creates, uploads, submits, or delivers through the Services in connection with an Engagement, including video, audio, images, copy, and associated materials.
  • “Creator Content” means Deliverables together with any other material you upload to or transmit through the Services.
  • “Marketplace” means the feature of the Services through which Brands and Creators connect and through which payments are facilitated.
  • “Platform License” means the baseline license granted under Section 5.
  • “Stripe” means Stripe, Inc. and its affiliates, the third-party payment processor used to facilitate Marketplace payments.

3. Yoho’s Role: Facilitator, Not a Party to the Engagement

You understand and agree that:

(a) Yoho facilitates; it does not contract for the creative work. The Engagement — the agreement to create, deliver, and license Deliverables — is solely between you and the Brand. Yoho is not a party to the Engagement, is not your employer, client, agent, or joint venturer, and does not direct, supervise, approve, or guarantee the creative work, the conduct of any Brand, or the outcome of any Engagement.

(b) Yoho is a principal only for payment processing. Yoho acts as merchant of record solely to facilitate Marketplace payments as described in Section 9. This payment-processing role does not make Yoho a party to the underlying Engagement and does not alter the facilitator relationship described in this Section.

(c) Independent relationship. You are an independent party. Nothing in these Terms creates an employment, agency, partnership, or fiduciary relationship between you and Yoho. You are responsible for your own taxes, equipment, and the manner and means of producing your Deliverables.

(d) Disputes with Brands. Because Yoho is not a party to the Engagement, disputes about the creative work, scope, or performance are between you and the Brand. Yoho may, but is not obligated to, provide tools (such as the payment hold/release mechanic in Section 9) to help the parties manage such disputes.

4. Accounts and Eligibility

To use the Marketplace you must register a Creator account and provide accurate, complete information. You are responsible for keeping your credentials confidential and for all activity under your account. You agree to notify us promptly of any unauthorized access. We may suspend or terminate accounts that violate these Terms or that we reasonably believe are engaged in fraudulent, abusive, or unlawful activity.

5. Intellectual Property: Your Grant to the Brand

This Section is the core of the bargain. Read it carefully.

(a) Direct grant to the Brand. When you submit or deliver a Deliverable in connection with an Engagement, you grant directly to the contracting Brand a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, distribute, publicly display and perform, modify, adapt, create derivative works from, and otherwise exploit the Deliverable, in whole or in part, in any and all media now known or later developed, for any purpose, including:

  • organic social media content;
  • paid advertising, including paid social advertising; and
  • “whitelisting” / creator-handle advertising arrangements, including running advertisements through your own social media account or handle (for example, Meta Partnership Ads / Spark Ads and equivalent formats on other platforms).

(b) Default scope; perpetual. Unless a Brand and Creator agree otherwise in a writing made through the Services (see (f)), the license in (a) is perpetual and does not expire, is non-exclusive (see (d)), and extends to the full scope described in (a).

(c) Creator’s retained rights. Notwithstanding the grant above, you retain the right to display the Deliverable in your own portfolio, reel, or similar showcase of your work, provided you do not use it to disparage the Brand or in a manner that would breach Section 6 or 7.

(d) No exclusivity by default. The license is non-exclusive. You may license the same or similar Deliverables to others unless you and a Brand separately agree to exclusivity through the Services. Exclusivity, where offered, is a negotiated upgrade and is not part of the default grant.

(e) Fallbacks and moral rights. To the extent any rights in a Deliverable cannot be licensed as described in (a), you assign such rights to the Brand to the maximum extent permitted by law, and to the extent any rights (including moral rights and rights of attribution or integrity) cannot be licensed or assigned, you irrevocably waive and agree not to assert them against the Brand or its sublicensees.

(f) Override. A Brand and Creator may agree to terms different from the default scope in this Section only by an express written agreement entered into through the Services. Absent such an agreement, this Section governs.

6. Likeness and Right of Publicity Release

If you appear in, are recorded in, or are otherwise identifiable in a Deliverable (including your name, voice, image, likeness, and performance), you grant the contracting Brand a release and license to use your name, voice, image, likeness, and performance as embodied in the Deliverable, coextensive with and for the same duration as the license in Section 5 (i.e., worldwide and perpetual by default), in all media described in Section 5, including paid advertising and creator-handle advertising.

You waive any right to inspect or approve the finished use, and waive claims for defamation, invasion of privacy, or right of publicity arising from uses within the scope of this release.

7. Your Representations and Warranties

You represent and warrant, for each Deliverable, that:

(a) Ownership and clearances. You own or have obtained all rights, licenses, consents, and permissions necessary to create the Deliverable and to grant the rights in Sections 5 and 6, free of any conflicting obligation.

(b) Third-party content and music. The Deliverable does not incorporate any third-party content — including music, audio, trademarks, logos, footage, images, or other copyrighted or proprietary material — unless you hold or have cleared all rights necessary for the Brand to use it as permitted in Section 5, including in paid advertising. You specifically acknowledge that “trending,” “popular,” or platform-provided audio is generally not cleared for advertising or commercial use, and you may not include such audio in a Deliverable unless you have obtained the necessary commercial/advertising license.

(c) Third-party releases. You have obtained any necessary releases from other identifiable individuals, and any necessary permissions for locations or property, appearing in the Deliverable.

(d) No infringement or unlawful content. The Deliverable does not and will not infringe or misappropriate any third party’s intellectual property, privacy, publicity, or other rights, and does not violate any law or the Acceptable Use Policy.

(e) Disclosures. You will comply with all applicable advertising-disclosure laws and platform rules (including FTC endorsement-disclosure requirements) applicable to your content.

8. Indemnification by Creator

You will defend, indemnify, and hold harmless both the contracting Brand and Yoho (and their respective officers, directors, employees, and agents) from and against any third-party claims, damages, liabilities, losses, and reasonable expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your Deliverables or Creator Content; (b) any breach of your representations and warranties in Section 7; (c) your breach of these Terms; or (d) your violation of any law or third-party right.

This indemnity is a primary protection of these Terms and survives termination.

9. Marketplace Payments

(a) How payments work. The Marketplace facilitates payments from Brands to Creators. Yoho acts as merchant of record and uses Stripe to process payments. By using the Marketplace, you authorize Yoho and Stripe to receive, hold, and disburse funds payable to you in connection with Engagements, net of applicable fees.

(b) Stripe terms. Payment processing is subject to the Stripe Connected Account Agreement and Stripe Services Agreement, which you must accept to receive payouts and which are incorporated by reference. Stripe, not Yoho, is responsible for the payment-processing services it provides.

(c) Fees. Yoho may deduct platform fees from amounts processed through the Marketplace, as disclosed in the Services.

(d) Hold and release. Funds for an Engagement may be held until the applicable Deliverable is accepted by the Brand or until five (5) business days after delivery, whichever occurs first, after which funds are released for payout. Additional hold/release and acceptance rules may be described in the Services.

(e) Refunds, reversals, and chargebacks. If a payment funding your payout is refunded, reversed, charged back, or otherwise clawed back, Yoho may withhold, offset against future payouts, or recover the corresponding amount from you, whether or not the payout has already been made.

(f) Payout timing and accuracy. Payout timing depends on Stripe and on your provision of accurate payout and tax information. Yoho is not responsible for delays caused by inaccurate information or by Stripe.

10. Taxes

You are solely responsible for determining and paying all taxes owed on amounts you receive. You must provide a valid Form W-9 (U.S. persons) or applicable Form W-8 (non-U.S. persons), and any other tax documentation we or Stripe reasonably require, before receiving payouts. Yoho and/or Stripe may issue tax forms (such as Form 1099-K) as required by law.

11. Acceptable Use and Prohibited Conduct

You agree not to: (a) upload unlawful, infringing, deceptive, or harmful content; (b) circumvent the Marketplace to avoid fees or to transact off-platform in violation of these Terms; (c) misrepresent your identity, rights, or clearances; (d) interfere with or attempt to breach the security of the Services; or (e) use the Services in violation of the Acceptable Use Policy or applicable law. Violations may result in suspension or termination and forfeiture or hold of pending payouts to the extent permitted by law.

12. Disclaimers and Limitation of Liability

(a) “As is.” The Services are provided “as is” and “as available,” without warranties of any kind, express or implied, to the fullest extent permitted by law. Yoho does not warrant that the Services will be uninterrupted or error-free, and does not guarantee any Engagement, payment, or outcome.

(b) No liability for the Engagement. Consistent with Section 3, Yoho is not responsible for the acts or omissions of any Brand, the quality or use of any Deliverable, or any dispute arising from an Engagement.

(c) Exclusion of indirect damages. To the fullest extent permitted by law, Yoho will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill.

(d) Liability cap. To the fullest extent permitted by law, Yoho’s total aggregate liability arising out of or relating to these Terms or the Services will not exceed the greater of (i) the total platform fees Yoho retained from your Engagements in the twelve (12) months before the event giving rise to the claim, or (ii) USD $100. This cap is mutual where applicable and does not limit liability that cannot be limited by law.

13. Term, Termination, and Survival

These Terms apply while you have a Creator account or use the Services. Either party may terminate by closing the account or ceasing use, subject to obligations that have accrued. Termination does not affect any license already granted under Sections 5 or 6, which survives termination perpetually. Sections 3, 5–8, 9(e), 10, 12, 14, and this sentence survive termination.

14. Dispute Resolution; Arbitration; Class Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING REQUIRING ARBITRATION AND WAIVING CLASS ACTIONS.

(a) Informal resolution first. Before starting an arbitration, the initiating party must send a written notice describing the dispute and allow 30 days to resolve it informally. This step is a precondition to arbitration.

(b) Binding arbitration. Any dispute not resolved informally will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its applicable rules, rather than in court, except as provided in (e) and (f).

(c) Seat and hearings. The seat (legal place) of arbitration is Salt Lake County, Utah. Hearings will be conducted remotely by default (video/telephone); no party is required to travel. The arbitrator may order an in-person hearing only for good cause.

(d) Class and collective waiver. Disputes will be arbitrated only on an individual basis. You and Yoho waive any right to bring or participate in a class, collective, consolidated, or representative action. If this waiver is found unenforceable as to a particular claim, that claim proceeds in court, but the rest of this Section still applies.

(e) Mass-arbitration / bellwether process. If 25 or more similar arbitration demands are filed by or with the coordination of the same or coordinated counsel, the AAA Mass Arbitration Supplementary Rules and a bellwether process apply: a limited number of representative cases are arbitrated first, the results inform resolution or settlement of the remainder, and filing fees are staged accordingly.

(f) Small-claims carve-out. Either party may bring an individual claim in small-claims court if it qualifies. You may bring such a claim in your local small-claims court.

(g) Injunctive relief carve-out. Either party may seek injunctive or equitable relief in court to protect intellectual property or confidential information.

(h) One-year limitations period. Any claim must be filed within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.

(i) Confidentiality of arbitration. The arbitration and its outcome are confidential, except as needed to enforce the award or as required by law.

(j) Fees and prevailing party. Allocation of arbitration fees follows AAA rules. The prevailing party may recover reasonable attorneys’ fees and costs to the extent permitted by law; this provision is mutual.

(k) Opt-out. You may opt out of this arbitration agreement by sending written notice to legal@joinyoho.com, or to Yoho Solutions Inc., 96 N Main Street, Springville, UT 84663, within 30 days of first accepting these Terms. Opting out does not affect the other provisions.

15. General

(a) Governing law. These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 14.

(b) Changes to these Terms. We may update these Terms. We will post the updated version with a new effective date and, for material changes, provide reasonable notice and require re-acceptance. Your continued use after the effective date constitutes acceptance.

(c) Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

(d) Severability. If any provision is unenforceable, the rest remains in effect.

(e) Entire agreement. These Terms, together with the documents incorporated by reference, are the entire agreement between you and Yoho regarding the Services and supersede prior agreements on that subject.

(f) Notices. We may provide notices via the Services or to the email associated with your account. Notices to Yoho may be sent to legal@joinyoho.com or Yoho Solutions Inc., 96 N Main Street, Springville, UT 84663.

16. Acceptance Record

By clicking “I agree,” you affirm acceptance of these Creator Terms. We record the identity of the accepting user, the date and time of acceptance, the document version, and the URL of the document accepted.