Effective Date: December 03, 2023

 

Introduction

Welcome to Qetler, a platform designed for content creators to share and monetize their creative works. These Content Creators Terms and Conditions (“Terms”) constitute a legally binding agreement between you, the content creator (“Creator”), and Qetler Inc., a company incorporated under the laws of the State of Illinois, with its principal place of business in Chicago, Illinois (“Qetler”). By registering as a Creator, uploading content, or utilizing any services offered by Qetler, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Section 1: Obligations of Content Creators

1.1 Content Standards and Responsibilities

a. Content Creation and Ownership: As a Creator, you affirm that all content uploaded to the Qetler platform is your original work or you have obtained all necessary licenses, rights, consents, and permissions required to use, and authorize Qetler to use, all Intellectual Property Rights in and to any content uploaded. You retain all ownership rights to your content but grant Qetler a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Qetler service and its business.

b. Content Compliance: Your content must comply with all applicable federal, state, and local laws, including but not limited to copyright laws, privacy laws, and laws governing defamation and obscenity. You are solely responsible for the content you upload and the consequences of posting or publishing it.

c. Prohibited Content: You must not upload, post, or transmit content that is illegal, deceptive, misleading, discriminatory, malicious, harassing, threatening, or otherwise harmful, or that promotes violence, racial or ethnic hatred, terrorism, or illegal acts. Content that infringes upon or violates another person's rights, including intellectual property rights, or content that violates any applicable law or regulation, is strictly prohibited.

1.2 Account Management and Security

a. Account Information: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. Qetler reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter is inaccurate, not current, or incomplete.

b. Account Security: You are responsible for safeguarding your password and other login credentials used to access the Qetler platform and agree not to disclose your password to any third party. You are responsible for any activities or actions under your account, whether or not you have authorized such activities or actions. You must immediately notify Qetler of any unauthorized use of your account.

Section 2: Financial Terms

2.1 Commission and Revenue Sharing

a. Commission Structure: Qetler applies a commission fee of 10% on all revenue generated by the Creator through the platform. This includes but is not limited to, subscription fees, and any other revenue generated through the sale of content on the Qetler platform.

b. Revenue Calculation: The commission is calculated based on the gross revenue generated by the Creator before any deductions, taxes, or other charges. The net revenue payable to the Creator will be the gross revenue minus the Qetler commission and any applicable taxes or charges.

2.2 Withdrawals and Payouts

a. Withdrawal Period and Process: Creators are eligible to withdraw their earnings from the Qetler platform following a 14-day cooldown period from the date such earnings are credited to their account. This cooldown period is necessary to ensure transaction validation, prevent fraudulent activities, and comply with regulatory requirements.

b. Bank Account Information: Creators must provide valid and accurate bank account information for the purpose of withdrawing earnings. The bank account must be held in the Creator’s name and must be compatible with Stripe’s payment processing requirements. It is the Creator’s responsibility to ensure that the bank account details provided are correct and up to date.

c. Payment Processing: Payment processing on the Qetler platform is managed through Stripe, Inc. (“Stripe”), a third-party payment processor. By using Qetler’s services, you agree to be bound by Stripe’s Services Agreement, which may be modified by Stripe from time to time. As a condition of Qetler enabling payment processing services through Stripe, you agree to provide Qetler with accurate and complete information about you and your business, and you authorize Qetler to share it and transaction information related to your use of the payment processing services provided by Stripe.

2.3 Tax Compliance

a. Tax Responsibility: As a Creator, you are responsible for determining any tax obligations that arise from your earnings on the Qetler platform. This includes, but is not limited to, income tax, sales tax, VAT, and other taxes associated with the sale of digital content. You are responsible for reporting and remitting the correct amounts to the appropriate tax authorities.

b. Form 1099: For U.S.-based Creators, Qetler may provide you with an IRS Form 1099, or other appropriate forms for tax reporting purposes, if your earnings meet or exceed the threshold set by the Internal Revenue Service.

Section 3: Intellectual Property Rights

3.1 Creator Content and License

a. Ownership of Content: You, as a Creator, retain all rights, title, and interest in and to the content you submit, post, or display on or through the Qetler platform, subject to the rights granted to Qetler in these Terms.

b. License to Qetler: By submitting, posting, or displaying content on or through the Qetler platform, you grant Qetler a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed). This license includes the right for Qetler to make your content available to other companies, organizations, or individuals who partner with Qetler for the syndication, broadcast, distribution, or publication of content on other media and services.

c. Moral Rights: You understand that, by using the Qetler platform, you consent to the collection, use, and sharing of your content as outlined in these Terms. Furthermore, you waive any claims against Qetler relating to any moral rights, artists' rights, or any other similar rights worldwide that you may have in or to your content, and you represent and warrant that any content you provide on or through Qetler platform does not violate the rights of any third party.

 

4. Creator Verification

4.1 Verification Requirement

a. Mandatory Verification: To maintain the integrity and security of the Qetler platform, all Creators are required to undergo a verification process before they can publish or monetize content.

b. Purpose: This verification aims to authenticate the identity of Creators, ensuring compliance with legal requirements and platform policies.

 

4.2 Submission of Government-Issued ID

a. Requirement of ID: As part of the verification process, Creators are required to submit a valid, government-issued identification document. Acceptable forms of identification may include, but are not limited to, a driver’s license, passport, or national identity card.

b. Privacy and Security: Qetler is committed to maintaining the confidentiality and security of personal information. All submitted IDs will be handled in accordance with our Privacy Policy and applicable data protection laws.

 

4.3 Verification Process

a. Process Overview: The verification process involves reviewing the submitted identification document to confirm the Creator's identity. Additional checks may be conducted to ensure compliance with legal and regulatory requirements.

b. Outcome: Upon successful verification, Creators will be granted full access to the platform’s features, including content publication and monetization. If a Creator fails the verification process, they will be notified of the reasons, and, where applicable, will be given an opportunity to rectify any issues.

 

4.4 Failure to Verify

a. Account Restrictions: Creators who do not complete the verification process or fail to meet the verification criteria may face limitations on their account, which may include restrictions on content publication, monetization, or account suspension.

b. Appeal Process: Creators who believe they have been unfairly restricted or have failed the verification process unjustly may appeal the decision, providing additional information or documentation as necessary.

 

 

5. Termination and Suspension

a. Right to Terminate or Suspend: Qetler reserves the unconditional right to terminate or suspend a Creator’s account at its sole discretion. This action can be taken if a Creator is found to be in breach of any of the Terms set forth in this agreement, engages in any form of illegal activity, or partakes in misconduct that is deemed harmful to the integrity, operation, or reputation of Qetler.

b. Breach of Terms: Breach of Terms includes, but is not limited to, violations of content standards, misrepresentation of information, infringement of intellectual property, and failure to comply with legal obligations as stipulated in the agreement.

c. Notification of Termination: In the event of termination or suspension, Qetler will make a reasonable effort to notify the affected Creator, outlining the reasons for such action. However, in certain cases, immediate termination may occur without prior notice, especially in instances involving legal issues or platform security.

6. Liability and Indemnification

6.1 Limitation of Liability

a. Scope: Qetler shall not be held liable for any indirect, incidental, special, consequential, or punitive damages that may arise from the Creator’s use of the platform.

b. Exclusions: This limitation applies regardless of the nature of the damages and irrespective of whether the claim for such damages is based on warranty, contract, tort (including negligence), or any other legal theory.

 

6.2 Indemnification

a. Responsibility of Creators: Creators agree to indemnify and hold harmless Qetler, its affiliates, officers, agents, employees, and partners from any claim, demand, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or in connection with their violation of these Terms, their content, or their use of the platform.

b. Scope of Indemnification: This indemnification obligation covers any liabilities or expenses arising from claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees.

7. Miscellaneous

7.1 Amendments

a. Right to Amend: Qetler reserves the right to modify, amend, or revise these Terms at any time and at its sole discretion.

b. Notice of Amendments: While Qetler will endeavor to notify Creators of significant changes, it is ultimately the responsibility of the Creator to review these Terms periodically for changes.

c. Acceptance of Amendments: Continued use of the platform following any changes to these Terms constitutes acceptance of the revised Terms.

 

7.2 Governing Law

a. Jurisdiction: These Terms and any disputes arising out of or related to these Terms or the use of the Qetler platform shall be governed and construed in accordance with the laws of the State of Illinois, without giving effect to any choice or conflict of law provision or rule.

b. Jurisdiction for Disputes: Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Qetler platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Illinois.