Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and UGC LATAM ("Company," "we," "us," or "our") concerning your access to and use of the ugclatam.io website, Brand Dashboard, Creator Platform, and any related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.

You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

2. Description of Services

UGC LATAM operates a two-sided marketplace platform that connects global brands with content creators in Latin America for the purpose of creating user-generated content (UGC). Our Services include:

• Brand Dashboard: Tools for brands to create campaigns, manage products, search for creators, track performance, and communicate with creators
• Creator Platform: Tools for content creators to discover opportunities, apply to campaigns, manage collaborations, and track earnings
• Marketplace Matching: Algorithms and tools to connect brands with suitable creators based on criteria such as niche, location, audience, and engagement
• Communication Hub: Messaging and collaboration tools for brands and creators
• Payment Processing: Facilitation of payments between brands and creators
• Analytics and Reporting: Performance tracking and campaign analytics

3. User Accounts

3.1 Account Creation

To use certain features of our Services, you must register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

3.2 Account Types

We offer two types of accounts:

• Brand Accounts: For companies and brands seeking to collaborate with creators
• Creator Accounts: For content creators offering UGC services

3.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials. We are not liable for any loss or damage arising from your failure to protect your account information.

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Services only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Activities

You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Transmit any harmful, threatening, abusive, defamatory, or obscene content
• Impersonate any person or entity or misrepresent your affiliation
• Engage in any fraudulent, deceptive, or manipulative practices
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt the Services or servers
• Use automated systems (bots, scrapers) without our written permission
• Collect or harvest information about other users without consent
• Post spam, unsolicited advertising, or promotional materials
• Circumvent any security features or payment mechanisms
• Discriminate based on race, gender, religion, nationality, disability, or other protected characteristics

5. Intellectual Property Rights

5.1 Platform Ownership

The Services, including all software, text, graphics, logos, and other content (excluding User-Generated Content), are owned by UGC LATAM and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

5.2 Trademarks

"UGC LATAM" and related logos are trademarks of UGC LATAM. You may not use these trademarks without our prior written consent.

5.3 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or business purposes in accordance with these Terms.

6. User-Generated Content

6.1 Content Ownership

You retain all ownership rights to content you create, upload, or submit through the Services ("Your Content"). However, by submitting Your Content, you grant us certain rights as described below.

6.2 License to UGC LATAM

By posting Your Content, you grant UGC LATAM a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Your Content for the purposes of operating, promoting, and improving the Services.

6.3 Content License Between Brands and Creators

When a creator produces UGC for a brand through our platform:

• The creator grants the brand a license to use the content according to the agreed-upon terms in the campaign brief
• Unless otherwise specified, brands receive a non-exclusive license to use the content for commercial purposes
• The scope of usage rights (duration, territories, platforms) should be clearly defined in campaign agreements
• Creators retain moral rights to be credited for their work unless otherwise agreed

6.4 Content Responsibility

You are solely responsible for Your Content and the consequences of posting it. You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not violate any third-party rights
• Your Content complies with all applicable laws and these Terms

6.5 Content Removal

We reserve the right to remove or refuse to display any content that violates these Terms or is otherwise objectionable, without prior notice.

7. Payment Terms

7.1 For Brands

Brands agree to pay all applicable fees for Services as described on our pricing page or as agreed in individual contracts. Payment terms include:

• Subscription fees for platform access (if applicable)
• Campaign-specific payments to creators
• Platform service fees or commissions
• All payments are processed through secure third-party payment processors
• Prices are stated in USD unless otherwise specified

7.2 For Creators

Creators will be paid according to the terms agreed with brands for each campaign:

• Payment is contingent upon successful delivery of content and brand approval
• UGC LATAM may charge a service fee or commission on creator earnings
• Payment timelines and methods will be specified in campaign agreements
• Creators are responsible for applicable taxes on their earnings

7.3 Refunds

Refund policies vary by service type and will be specified in individual agreements. Generally:

• Subscription fees are non-refundable unless required by law
• Campaign payments may be refunded if deliverables are not met according to agreed terms
• Disputes will be resolved through our mediation process

8. Creator-Specific Terms

8.1 Creator Obligations

Creators using the platform agree to:

• Provide accurate information about their social media presence and engagement metrics
• Deliver content according to agreed timelines and specifications
• Follow brand guidelines and campaign briefs
• Disclose sponsored content according to FTC guidelines and platform policies
• Maintain professional communication with brands
• Only submit original content they have the rights to use

8.2 Creator Representation

Creators represent that they operate as independent contractors and are not employees of UGC LATAM or the brands they work with.

9. Termination

9.1 By You

You may terminate your account at any time by contacting us or using the account deletion feature in your settings.

9.2 By Us

We reserve the right to suspend or terminate your account and access to the Services at our sole discretion, without notice, for conduct that we believe:

• Violates these Terms or our policies
• Harms other users, third parties, or our business interests
• Exposes us to legal liability
• Is fraudulent or illegal

9.3 Effect of Termination

Upon termination, your right to use the Services will immediately cease. We may delete your account and content. Outstanding payment obligations will survive termination.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• Any defects will be corrected
• The Services are free of viruses or other harmful components
• The results obtained from using the Services will be accurate or reliable
• Any collaboration between brands and creators will be successful

UGC LATAM acts as a marketplace platform and is not responsible for the actions, content, or conduct of brands or creators. We do not guarantee the quality of UGC or the reliability of any party.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, UGC LATAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Services
• Any conduct or content of any third party on the Services
• Any content obtained from the Services
• Unauthorized access, use, or alteration of your content
• Any disputes between users

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless UGC LATAM, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your Content
• Any transactions or agreements between you and other users

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions.

13.2 Dispute Resolution

Any disputes arising out of or related to these Terms or the Services shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of [Arbitration Body].

13.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending an email notification to registered users

Your continued use of the Services after changes become effective constitutes your acceptance of the modified Terms.

15. Creator Portfolio Publishing and Liability Terms

The following terms apply specifically to creators who choose to publish a public portfolio on the UGC LATAM platform. By toggling your portfolio to "Published," you acknowledge and accept these provisions in addition to the general Terms of Service above.

15.1 Eligibility and Authorization

By opting to "Publish" a public portfolio on www.ugclatam.io (the "Platform"), you (the "Creator") grant Viral Media Studios, LLC (doing business as "UGC LATAM", "we", "us", or "our") the explicit right and license to host, display, distribute, publicize, and index your portfolio globally. This includes any uploaded media (images, videos), social media handle stats, background summaries, creative experience levels, and gamified metrics such as platform Experience Points (XP).

15.2 Ownership and Intellectual Property License

You retain ownership of the original content you upload. However, by publishing your portfolio, you grant UGC LATAM a worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, and display such content solely for the purpose of operationalizing the portfolio feature, matching you with brands, and promoting the Platform.

You represent and warrant that you own or have obtained all necessary licenses, rights, consents, and permissions to publish the media and data contained in your portfolio.

15.3 Search Engine Indexing and Public Availability

The Creator acknowledges and explicitly agrees that once a portfolio is marked as "Published," it becomes a public-facing web page. This page can and will be scraped, crawled, and indexed by third-party search engines (such as Google, Bing, Yahoo, etc.). UGC LATAM does not control search engine algorithms and cannot guarantee how quickly your profile appears or is removed from external search results upon modification or deletion.

15.4 Limitation of Liability and Hold Harmless Agreement

The portfolio feature is provided "as-is" to assist Creators in securing brand collaborations. UGC LATAM does not guarantee that publishing a portfolio will result in business, contracts, or brand deals.

To the maximum extent permitted by applicable law, in no event shall Viral Media Studios, LLC (DBA UGC LATAM), its affiliates, officers, directors, employees, or agents be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages resulting from your decision to publish your portfolio.

You agree to defend, indemnify, and hold harmless Viral Media Studios, LLC, its parent company, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Portfolio feature;
• Your violation of any third-party right, including without limitation any copyright, property, or privacy right contained within your portfolio media;
• Any claims that your portfolio content caused damage to a third party or a brand;
• Real-world interactions, contracts, disputes, or non-payment occurring between you and brands who discovered you via your public portfolio.

16. Contact Information

If you have any questions about these Terms, please contact us:

By using UGC LATAM, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.