Terms of Service
Article 1 (Purpose)
These terms and conditions aim to regulate the rights, duties, and other necessary matters between creators (hereinafter referred to as 'Creators'), who agree to these terms and register for the Creator5.ai service by creating and publishing affiliate content in collaboration with GolillarCat Ltd.(hereinafter referred to as 'GC') to conduct marketing, promotions, etc., related to products.
Article 2 (Definitions)
① The definitions of terms used in these terms and conditions are as follows:
1. 'Creator5.ai Service' refers to Gorilla Cat's service that enables campaigns and creators to engage in marketing, promotions, etc., related to products (hereinafter referred to as 'Products') through the Creator5.ai site operated by Creator5 (including PC, mobile applications, mobile web, etc., hereinafter referred to as the 'Creator5.ai Service Site').
2. 'Campaign Entity' refers to a business operator that agrees to the Creator5.ai Service Terms of Use (Campaign Entity) and enters into a Creator5.ai Service Usage Agreement, intending to promote products through the creator's affiliate content posted and published.
3. 'Campaign' refers to activities where creators create and publish affiliate content for marketing and promotional purposes of products proposed by the campaign entity.
4. 'Channel' refers to social network media accounts such as social networks that creators own and operate to perform marketing and promotions by creating and publishing affiliate content.
5. 'Space' refers to a service unit within the Creator5.ai Service where campaign entities and creators post relevant information, perform various tasks related to campaigns, and manage them.
6. 'Campaign Proposal' refers to the action where the campaign entity uses the propose function of the Creator5.ai Service to provide information about the campaign and activities, including compensation, they intend to conduct and confirm the creator's intention to participate in campaign activities.
7. 'Affiliate Content' refers to various information, data, files, etc., including code, text, voice, sound, graphics, photos, videos, links, etc., created and published by creators for promoting products proposed by the campaign as part of the campaign.
② Definitions of terms not specified in this article shall follow related laws and general commercial practices.
Article 3 (Publication and Amendment of Terms)
① Gorilla Cat publishes the contents of these terms on the Creator5.ai app and site for easy access by creators.
② Gorilla Cat may amend these terms within the scope not violating relevant laws and regulations, and in such cases, it will notify the creators through the Creator5.ai app and site from 7 days prior to the effective date to the day before the effective date, specifying the revised content and effective date. However, if the amendment is disadvantageous to the creators, will notify them from 30 days prior to the effective date until the effective date.
③ If the creator does not agree to the amended terms, they may express their refusal before the effective date of the amended terms and terminate the Creator5.ai Service usage contract according to these terms. However, in this case, Article 14 of these terms shall apply.
④ If Creator5 notifies the creators of the amended terms in accordance with paragraph 2 of this article and the creators do not explicitly express their refusal before the effective date, it shall be deemed that they have agreed to the amended terms.
Article 4 (Effectiveness of Terms)
① Gorilla Cat may establish and operate individual operational policies, etc., not specified in these terms in detail and publish such content on the Creator5.ai App and site. The operational policies constitute a part of the service contract in accordance with these terms, and creators must comply with the operational policies set by Creator5.
② Individuals who intend to register as creators in the Creator5.ai Service according to these terms must familiarize themselves with the contents of these terms and agree to the rights, obligations, and relationships between creators and Creator5.
Article 5 (Creator Space)
① Creators can create and operate one space. Creators can receive campaign proposals through their space within the Creator5.ai Service and perform actions such as entering into campaign activity contracts. Creator5 determines whether to approve the opening of the space after review.
② Creators use the Creator5.ai Service by linking and registering one or more channels owned and operated by themselves within their space. When linking and registering channels, creators must authenticate that the channels linked and registered are owned and operated by themselves. The types and scope of channels that can be linked and registered shall be determined by operational policies.
③ When opening a space, creators must link and register one or more channels, and after opening a space, creators must link and register one or more channels within the space to perform campaign activities within the Creator5.ai Service.
Article 6 (Provision of Information)
Creator5 may provide campaign entities registered in the Creator5.ai Service with information about creators' channels (profile, content URL, preview, various statistical information), creators' campaign history, and processed information for the purpose of selecting candidates for campaign proposals, conducting campaigns, managing campaigns, etc.
Article 7 (Receipt of Campaign Proposal)
① Creators can receive campaign proposals sent by campaign entities using the propose function on the Creator5.ai site, and by agreeing to these terms, they consent to receive such campaign proposal submissions.
② Creators can set whether to receive notifications for campaign proposals or refuse to receive Creator5 Talk messages sent by specific campaign entity spaces. If they refuse to receive notifications, they will not receive notifications even if the campaign entity space sends campaign proposals to the creators.
③ Creator5 does not interfere with the sending of campaign proposals by campaign entities and does not guarantee the receipt or content of campaign proposals by creators.
Article 8 (Campaign Activity Contract)
① Creators can review the information included in the campaign proposal sent by the campaign entity (information about the campaign entity and products, the content of the campaign, period, types of tangible or intangible cases provided to creators as compensation for campaign activities, content, method of provision, etc.), make a decision on acceptance at their discretion, and decide whether to accept the campaign proposal.
② If the campaign entity sends a campaign proposal to the creators, it is considered as an offer to enter into a contract regarding the campaign activities, and if the creators accept (approve) it, it is deemed that a contract regarding the campaign activities has been concluded between the campaign entity and the creators.
③ If the creator accepts the campaign proposal, the creator is responsible for performing campaign activities faithfully in accordance with the conditions specified in the campaign proposal and separately agreed upon conditions with the campaign entity.
④ Creators and campaign entities may agree on the duration of posting affiliate content. In the absence of explicit agreement through campaign proposals and acceptance, creators must post affiliate content for a minimum of one month so that third parties can view it.
Article 8-2 (Settlement of Campaign Compensation)
① The settlement process is based on the settlement schedule set by Gorilla Cat, and the campaign reward amount processed by the campaign entity is paid to the account entered by the creator.
② GorillaCap will inform creators about the settlement cycle, procedures, etc. through exposure on the channels it operates so that creators can easily and clearly understand them.
③ If a creator who is an individual and not a business is receiving a campaign reward, the creator will need to provide their bank account information, in which case Creator5 will pay the creator the amount, less any withholding.
④ Creators can choose to receive their campaign rewards as a sole proprietor or through a business they are affiliated with. To receive payment in this way, the Creator must submit documents specified by Gorilla Cat for business authorization and tax processing. If you receive payment as a sole proprietor, you must enter an account in the name of the sole proprietor, and if you deposit to a business you are affiliated with, you must enter an account in the name of the business. In this case, the amount of Campaign Rewards paid by the Campaign Entity to the Business Creator includes the value of supplies and VAT. In this case, the creator5 can be paid after deducting certain withholding taxes.
⑤ If the Creator's account entered to settle Campaign Rewards fails to settle Campaign Rewards due to an account number error, suspension, banking system error, or suspension, or if the Creator fails to perform the customer verification required to process the payout, Gorilla Cat may withhold and delay the payout of Campaign Rewards to the Creator. If the Creator is responsible for the delayed payout, the Creator must resolve the cause of the delay promptly to ensure that the Campaign Rewards are paid out smoothly.
⑥ In the event of a payout hold, the payout hold will remain in place until six (6) months have passed from the date of the payout hold, at which time Gorilla Cat will confirm the payout failure and return the settlement amount to the Campaign Entity. In this case, the Creator must request campaign rewards directly from the Campaign Organizer, and Gorilla Cat is not responsible for direct settlement between the Campaign Organizer and the Creator.
⑦ Creators receiving settlement of campaign compensation as individual business operators or corporate business operators are responsible for issuing invoices, etc., necessary for tax processing related to payment and receipt of campaign compensation, and Gorilla Cat does not interfere with this.
⑧ Fraudulent transactions (such as transactions that pretend to sell goods or provide services for cash) are prohibited. Fraudulent transactions may result in the cancellation of the campaign and settlement. In this case, the creator will be required to return the settlement funds, if received, and if the creator refuses to do so, legal action may be taken against the creator.
Article 9 (Affiliate Content)
① The copyright of affiliate content created and posted by creators shall generally belong to the creators. However, Gorilla Cat may use affiliate content for the operation and promotion purposes of Creator5.ai services.
② Creators must comply with relevant laws (including laws, regulations, and guidelines related to fair advertising practices, especially those regarding recommendations and guarantees) when creating and posting affiliate content. This is not limited to specific laws, regulations, notices, and guidelines.
③ Creators must not engage in the following acts when creating and posting affiliate content:
1. Clearly false or exaggerated advertising for products, etc.
2. Infringement upon others' intellectual property rights, rights of publicity, etc.
3. Acts that damage or insult others' honor, or interfere with their work
4. Distribution of obscene, false, or illegal information
5. Promotion, advertising, or sale of products that are prohibited by relevant laws or may cause consumer harm (Refer to: Restricted Industry List)
6. Acts that violate public order or morals
7. Other acts prohibited by relevant laws, these terms, Terms of Use, or operational policies
Article 10 (Campaign Progress and Review, etc.)
Gorilla Cat may ask Creators and Campaign Companies to review their campaigns at the end of the campaign, respectively, and may collect and utilize campaign progress and review results to better operate the Service. For example, statistics on creator reviews may be provided to campaign companies registered with the Creator5.ai service and utilized to select more suitable campaign candidates.
Article 11 (Confidentiality)
① Creators must use any and all information acquired in the process of using Creator5.ai services, including business secrets of campaign companies and other third parties, solely for purposes related to accepting and conducting campaigns, and must not use, disclose, or publicize such information for any other purposes.
② The obligations under this article shall remain in effect even after the termination of the service contract.
Article 12 (Disclaimer of Agency and Warranty)
① Gorilla Cat provides a platform for smooth and convenient campaign operations between creators and campaign companies, and bears responsibility only for the operation and management of the platform. Gorilla Cat does not act as an agent for creators or campaign companies. Additionally, responsibility under the campaign contract established between creators and campaign companies is directly borne by the respective creator or campaign company, not by Gorilla Cat.
② Gorilla Cat does not provide any guarantees regarding the existence or authenticity of intent to act, payment, completeness, safety, legality, non-infringement of rights of third parties, or any other aspect related to campaign operations between creators and campaign companies conducted through the Creator5.ai service.
③ Notwithstanding paragraphs 1 and 2, if a complaint or dispute arises between a creator and a campaign company and the campaign company requests mediation from Gorilla Cat, Gorilla Cat may mediate within reasonable limits. Gorilla Cat may exceptionally intervene in such disputes to facilitate reasonable and smooth resolution, and creators must respect Gorilla Cat's decisions based on good faith principles.
Article 13 (Measures in Case of Violation)
① If a creator violates these terms or operational policies, Gorilla Cat may restrict the creator's use of the Creator5.ai service or terminate the Creator5.ai service contract (hereinafter referred to as "restrictions on use or other measures").
② Gorilla Cat shall not be liable for any disadvantages or damages incurred by creators due to measures such as restrictions on use.
③ When taking measures such as restrictions on use under this article, Gorilla Cat shall notify the creator in advance. However, in unavoidable circumstances, Gorilla Cat may notify the creator after taking measures.
④ If civil or criminal disputes arise due to a creator's violation of these terms, the creator shall bear all responsibilities related to such disputes and indemnify Gorilla Cat.
Article 14 (Deletion of Space and Termination of Service Agreement)
① Creators may delete spaces that are being opened and operated. However, to delete a space, all ongoing campaign activities must be completed or canceled, and there should be no pending campaign reward payments.
② If there are no spaces being opened and operated, creators may withdraw their consent to these terms and terminate the Creator5.ai service contract.
Article 15 (Supplementary Provisions)
Matters not specified in these terms shall be governed by Terms of Use, operational policies established by Gorilla Cat, and relevant laws.