Creator Terms of Service

Introduction

These Creator Terms of Service (this "Agreement") govern your access to and use of the website located at https://www.withklyp.com (the "Site") and the Klyp platform and related services (together, the "Services"), which are operated by Klyp ("Klyp", "we", "us" or "our").

This Agreement is entered into between Klyp and the person or entity that accepts it (the "Creator", "you" or "your").

By creating an account, accepting this Agreement through the Services, or submitting Creator Content, you agree to be bound by this Agreement, by the Klyp Privacy Policy available at https://www.withklyp.com/privacy (the "Privacy Policy"), and by the Campaign Details applicable to each Campaign you join.

If you do not agree to this Agreement, you are not authorised to access or use the Site or the Services.

Brands. If you are a Brand, this Agreement does not apply to you. Your use of the Services is governed by the Klyp Terms of Service available at https://www.withklyp.com/terms.

Amendments. Klyp may amend this Agreement from time to time. We will give you reasonable prior notice of any material amendment, by email and by notice within the Services. An amendment takes effect at the end of that notice period. If you do not wish to accept an amendment, you may terminate this Agreement at any time before it takes effect. No amendment applies to a Campaign you have already joined, or to Creator Content already submitted. Non-material amendments, including corrections, clarifications and changes required to comply with Applicable Laws, may take effect on notice.

1. Definitions

1.1 "Applicable Laws" means all laws, statutes, regulations, decrees, binding industry codes, regulatory guidance and orders of any competent authority that apply to a party or to the performance of this Agreement from time to time.

1.2 "Boost" means the promotion of Creator Content as advertising published from your own social media account, where the Services make that feature available.

1.3 "Brand" means a person or entity that creates or sponsors a Campaign through the Services.

1.4 "Brand Marks" means the names, trade marks, service marks, logos, trade dress, product imagery and other brand identifiers provided by or on behalf of a Brand.

1.5 "Campaign" means a marketing or advertising campaign created by a Brand through the Services.

1.6 "Campaign Brief" means the specifications, content guidelines, creative requirements and mandatory disclosures applicable to a Campaign, as provided by the Brand through the Services.

1.7 "Campaign Details" means the complete set of parameters applicable to a Campaign as configured and displayed within the Services, including the Compensation Model and rates, the Licensed Rights, the Review Period, the revision allowance, the rejection grounds available, the delivery deadline, the minimum live period, attribution rules, measurement criteria and windows, and all other applicable periods, thresholds and limits.

1.8 "Commission Programme" means a Compensation Model under which you are compensated by reference to attributable sales resulting from your Creator Content.

1.9 "Compensation Model" means the basis upon which Creator Compensation is calculated for a Campaign, being a Flat Fee Programme, a Performance Programme, a Commission Programme, or any combination of them, as specified in the Campaign Details.

1.10 "Confidential Information" means information disclosed to you through the Services or otherwise in connection with this Agreement that is identified as confidential or that a reasonable person would understand to be confidential, including Campaign Briefs, Campaign Details, unannounced products and unreleased Creator Content.

1.11 "Content Acceptance" means a Brand's acceptance of a submitted deliverable, which occurs on the earliest of: (a) the Brand selecting "Accept", "Approve" or a substantially similar control within the Services; (b) the Brand using the Creator Content in any advertisement, post, landing page, email or other marketing or promotional channel; or (c) expiry of the Review Period in accordance with clause 4.7. "Content Accepted" is construed accordingly.

1.12 "Creator Compensation" means the amount payable to you under the applicable Compensation Model.

1.13 "Creator Content" means any content or materials submitted, uploaded or linked to the Services by you, including video, still imagery, audio, captions and copy, together with any personal attributes embodied in them, including your name, likeness, image and voice.

1.14 "Flat Fee Programme" means a Compensation Model under which you are compensated by a fixed amount per deliverable.

1.15 "Intellectual Property Rights" means patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill, rights in designs, database rights, rights to use and protect confidential information including know-how and trade secrets, and all other intellectual property rights, in each case whether registered or unregistered, including all applications and rights to apply for and be granted renewals or extensions, and all similar or equivalent rights subsisting in any part of the world.

1.16 "Klyp Balance" means the balance of Creator Compensation credited to you within the Services and available for withdrawal in accordance with clause 6.7.

1.17 "Licensed Rights" means, in respect of a deliverable, the rights granted to a Brand under clause 7.3, as specified in the Campaign Details in accordance with clause 7.4.

1.18 "Malicious Software" means any code, file, program or technology designed or intended to disrupt, disable, damage, impair or gain unauthorised access to any system, data or service.

1.19 "Payment Partner" means the third-party payment service provider engaged by Klyp from time to time to receive, hold and disburse funds in connection with the Services, being a provider licensed or registered as required under Applicable Laws.

1.20 "Performance Programme" means a Compensation Model under which you are compensated by reference to the number of Qualified Views of published Creator Content, subject to any cap and measurement window specified in the Campaign Details.

1.21 "Platform Commission" means the commission payable by a Brand to Klyp in respect of a Campaign. Platform Commission is charged to Brands only, in addition to the amount budgeted for Creator Compensation. It is not deducted from Creator Compensation.

1.22 "Qualified Views" means views of published Creator Content satisfying the measurement criteria specified in the Campaign Details, as measured in accordance with clause 6.5.

1.23 "Reliability Rating" means the record maintained by Klyp of your delivery and withdrawal history, as described in clause 5.4.

1.24 "Review Period" means the period specified in the Campaign Details within which a Brand must Content Accept, reject or request revisions to a submitted deliverable.

1.25 "Services" means the Klyp Site, platform and related features and functionality.

1.26 "Slot" means a place within a Campaign for which Creator Compensation is budgeted.

1.27 "Slot Acceptance" means a Brand's acceptance of you into a Campaign, with the consequences set out in clause 5.1. "Slot Accepted" is construed accordingly. Slot Acceptance is a distinct event from Content Acceptance and does not of itself constitute acceptance of any deliverable you go on to submit.

1.28 "Taxes" means all taxes, levies, imposts, duties, charges and withholdings of any nature imposed by any competent authority, together with any related interest and penalties.

1.29 "Third Party Materials" means any material embodied in or used in the production of Creator Content that is not original to you, including music, sound recordings, stock footage, stock imagery, fonts, software, trade marks and the name, likeness or voice of any person other than you.

1.30 "Tracking Parameters" means identifying codes, discount codes, campaign parameters, pixels, tags and other attribution mechanisms provided by Klyp or embedded in, paired with or otherwise associated with Creator Content through the Services.

1.31 "Trials and Beta Features" means any product, service, feature or component of the Services made available on a free, trial, beta, preview or early-access basis.

1.32 Parameters are fixed when you join. Where this Agreement refers to a period, rate, threshold, limit or other parameter as being specified in the Campaign Details or displayed within the Services, the applicable parameter is that displayed at the time you accept participation in the relevant Campaign. Klyp may change its published parameters from time to time, but a change does not apply to a Campaign you have already joined.

1.33 Interpretation. Clause headings are for convenience only and do not affect interpretation. "Including", "includes" and "in particular" are to be construed without limitation. References to writing include email and communications through the Services. The singular includes the plural and vice versa.

2. Eligibility and account

2.1 Eligibility. To register as a Creator you must be at least eighteen (18) years of age, or the age of majority in your jurisdiction if higher, and legally capable of entering into binding contracts. If you register on behalf of an entity, you represent that you have authority to bind it, and references to "you" include that entity.

Klyp does not permit persons under the age of 18 to register or to participate in Campaigns in any capacity, whether or not a parent or guardian consents. If we become aware that an account is held by a person under 18, we will close it and delete the associated personal data in accordance with the Privacy Policy.

2.2 Account registration. You must register an account and provide truthful, complete and accurate information, including your legal name, contact details, and any social media accounts you wish to connect, and keep that information current.

2.3 Connected accounts. You may be required to connect one or more third-party social media accounts. By doing so, you authorise Klyp to access and display information from those accounts, including follower counts, engagement metrics and audience demographics, for the purposes of presenting your profile to Brands, matching you to Campaigns, and measuring content performance. You may disconnect an account at any time, but doing so may prevent your continued participation in a Campaign that depends on it, including measurement under a Performance Programme.

2.4 Account security. You are responsible for all activity under your account, for maintaining the confidentiality of your credentials, which must not be shared, and for notifying Klyp promptly of any actual or suspected unauthorised access. You may not transfer or sell your account.

2.5 Authentic audience. You represent and warrant that your followers, engagement and audience metrics have been obtained organically, and not through purchased followers, fabricated engagement, automated accounts, engagement pods or other artificial means, and that the metrics presented on your profile are accurate and not materially misleading.

Where Klyp reasonably suspects a breach of this clause, Klyp may withhold Creator Compensation pending investigation, and will inform you of the basis of its concern and give you a reasonable opportunity to respond. Where a breach is established, Klyp may suspend or terminate your account. Creator Compensation is forfeited only in respect of Campaign participation or Creator Content actually procured by the misrepresentation, and remains payable in respect of deliverables performed and Content Accepted on an accurate basis.

2.6 Verification. Klyp and the Payment Partner may require information and documentation reasonably necessary to verify your identity, your tax status and your entitlement to receive payment, and to satisfy customer due diligence, anti-money-laundering and sanctions-screening obligations. Klyp may suspend access and withhold disbursements pending receipt.

2.7 Independent status. You are an independent contractor. Nothing in this Agreement creates an employment, agency, partnership, joint venture or fiduciary relationship between you and Klyp, or between you and any Brand. You determine your own working methods, hours and location, you may accept or decline any Campaign, and you are free to provide services to others, including through competing platforms. You are responsible for your own Taxes, insurance, social contributions and business expenses. Neither Klyp nor any Brand is obliged to provide you with employment benefits, paid leave, sick pay, workers' compensation, unemployment insurance or any similar payment or deduction.

3. Access to and use of the Services

3.1 Licence to use the Services. Subject to your continued compliance with this Agreement, Klyp grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use the Services solely to discover Campaign opportunities, submit Creator Content, communicate with Brands through the Services, and receive Creator Compensation.

3.2 Restrictions on use. You will not, and will not permit any third party to:

(a) use the Services in breach of Applicable Laws, this Agreement or the rights of any third party;

(b) copy, modify, adapt, translate or create derivative works of any part of the Services;

(c) distribute, sell, rent, lease, license, sublicense, assign, transfer or otherwise make the Services available to any third party;

(d) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code or underlying components of the Services, except to the extent that such a restriction is prohibited by Applicable Laws;

(e) remove, obscure or alter any proprietary notice contained in or displayed by the Services;

(f) misrepresent your identity, audience metrics, location or qualifications;

(g) circumvent, disable or otherwise interfere with any security feature of the Services, or probe, scan or test the vulnerability of any Klyp system or network;

(h) upload, transmit or distribute any Malicious Software;

(i) use the Services, or any information obtained from them, to develop, market or operate a competing product or service;

(j) use the Services in any manner that impairs their performance, availability, integrity or security;

(k) access the Services by automated means, including scraping, crawling or data mining, except through interfaces expressly made available by Klyp;

(l) delegate or subcontract the creation of Creator Content, or the performance of your obligations under a Campaign, to any other person without the prior written consent of Klyp and the relevant Brand; or

(m) upload or otherwise submit any sensitive or special category personal data, save as expressly permitted by Klyp in writing.

3.3 Nature of the Services; no agency. Klyp operates a technology platform that facilitates connections between Brands and Creators. Klyp is not a party to any agreement between you and a Brand for the production of Creator Content, and does not act as the agent, partner, joint venturer, employer or representative of either, save in respect of the limited collection and disbursement agency described in clause 6.2.

3.4 Acknowledgements. You acknowledge and agree that:

(a) Klyp does not guarantee that you will receive Campaign opportunities, that any Brand will select you or Content Accept your deliverables, or that you will earn any particular level of Creator Compensation;

(b) Klyp does not pre-vet Campaigns, Campaign Briefs or Creator Content for compliance with Applicable Laws;

(c) you are responsible for reviewing all Campaign information, including the Campaign Brief, the Compensation Model and the Licensed Rights, and for satisfying yourself as to the suitability of a Campaign, before applying or accepting participation; and

(d) Klyp is not responsible or liable for any agreement, payment, deliverable, representation or dispute arising from arrangements between you and any Brand that occur outside the Services.

3.5 Records. The communications, submissions, approvals, rejections and transaction records maintained within the Services constitute the authoritative record of Campaign activity, save in the case of manifest error.

3.6 Updates to the Services. Klyp may update, modify, enhance or discontinue features of the Services from time to time, and will not knowingly make a change that materially degrades core functionality during a Campaign in which you are actively participating.

3.7 Support. Klyp will provide support by email at support@withklyp.com and through the support channel within the Services, during the support hours published within the Services.

3.8 Trials and Beta Features. Trials and Beta Features are provided "as is" and "as available", without warranty of any kind, and their use is at your sole risk.

3.9 Feedback. Any suggestion, idea or feedback you provide concerning the Services ("Feedback") is non-confidential. You assign to Klyp all right, title and interest in Feedback, and Klyp may use it for any purpose without restriction, attribution or compensation. Nothing in this clause transfers any right in your Creator Content.

3.10 Monitoring and audit. Klyp may monitor, review and audit your use of the Services to verify compliance with this Agreement, ensure security and integrity, and comply with Applicable Laws.

4. Campaign participation, submission and Acceptance

4.1 Applying and being selected. You may apply to, or be invited to, a Campaign through the Services. An application or invitation is not binding on you or on the Brand, and reserves nothing. Applications and invitations expire after the period specified in the Campaign Details.

4.2 Funded Campaigns. Klyp requires Brands to fund a Campaign in full before it becomes visible to Creators, and funds are held by the Payment Partner. In limited cases Klyp may instead allow an approved Brand to be invoiced. In either case, the amount for your Slot is reserved for you when you are Slot Accepted, your Creator Compensation becomes payable to you on Content Acceptance whether or not the Brand has paid Klyp, and you will never be asked to produce Creator Content against a Campaign that is neither funded nor approved by Klyp on that basis. Klyp does not otherwise guarantee any outcome.

4.2A Who you are dealing with. In most Campaigns the Brand runs its own account and makes its own decisions — it writes the brief, selects Creators, and approves or rejects your work itself.

In some Campaigns, the Brand appoints Klyp to run the Campaign on its behalf. Where that happens:

(a) the person writing the brief, inviting you, requesting revisions and approving or rejecting your work may be Klyp acting for the Brand, rather than the Brand itself;

(b) your rights are unchanged. The Brand remains the party that receives the Licensed Rights and the party whose Campaign Budget pays you, and every protection in these terms applies in the same way; and

(c) in these terms, a reference to what a Brand may or must do includes Klyp acting on that Brand's behalf for that Campaign.

Klyp does not manage a Campaign unless the Brand has appointed it to do so, and being a managed Campaign does not change your compensation, your deadlines, or the rights you grant.

4.3 Slot Acceptance. When a Brand Slot Accepts you, the Creator Compensation budgeted for that Slot is reserved for you, and the Brand commits to pay it if you deliver in accordance with the Campaign Brief and Campaign Details. From that point you are obliged to deliver the specified deliverables by the deadline in the Campaign Details, subject to your withdrawal rights in clause 5.

4.4 Slot Acceptance does not mean your content is accepted. Slot Acceptance secures your place and the Brand's payment commitment. It does not accept any deliverable you go on to submit. The Brand retains the right, within the Review Period, to request revisions within the allowance in the Campaign Details, and to reject a deliverable on a permitted ground under clause 4.8. A request for revisions is a normal part of the review process, is not a rejection, and does not remove your Slot or the Brand's commitment under clause 4.3.

4.5 Concept stage. Where the Campaign Details require concept approval, you submit a concept before production. The Brand must approve it or request a redirection within the period specified in the Campaign Details, failing which it is deemed approved. Production and submission unlock once the concept is approved or deemed approved.

4.6 Submission and review. You submit deliverables through the Services in accordance with the Campaign Brief and Campaign Details. Within the Review Period, the Brand must Content Accept, reject or request revisions.

4.7 Deemed Content Acceptance. If the Brand does not Content Accept, reject or request revisions before the expiry of the Review Period, the deliverable is deemed Content Accepted on expiry of that period, and your entitlement to Creator Compensation arises accordingly. Your submission does not lapse through the Brand's inaction.

4.8 Revisions and rejection.

(a) The Brand may request revisions up to the number of rounds specified in the Campaign Details. A request must state the respects in which the deliverable does not meet the Campaign Brief. You are not obliged to make a revision that materially departs from the Campaign Brief. Where the Campaign Details so provide, the Review Period restarts on resubmission.

(b) The Brand may reject a deliverable only within the Review Period and only on a ground made available within the Services for that Campaign. A Brand may reject only after it has requested at least one round of revisions, except where the ground is that the content is not original to you, which may be relied upon immediately.

(c) On valid rejection: no Licensed Rights arise; the Brand acquires no rights and receives no copy of the content for use; you retain all rights in the rejected content and may withdraw or repurpose it; and no Creator Compensation is payable for that deliverable, save for any partial or kill fee specified in the Campaign Details.

4.9 Disputing a rejection. You may dispute a rejection within the period specified within the Services. Where the rejection was made by Klyp acting on a Brand's behalf under clause 4.2A, your dispute will be decided by a person at Klyp who was not involved in the Campaign or in the rejection, and you may ask for the outcome to be reviewed again under clause 12.5. Disputing freezes the amount in question pending review. Klyp will consider the Campaign Brief, the deliverable and both parties' submissions, and will either uphold the rejection, in which case you retain all rights in the content and the Brand receives nothing, or overturn it, in which case the deliverable is treated as Content Accepted and your Creator Compensation is released. Klyp will tell you the outcome and the reason for it.

4.10 Withdrawing a submission. You may withdraw a submitted deliverable at any time before Content Acceptance, provided you have not received notice through the Services of the Brand's intention to Content Accept it. On withdrawal, no rights are granted and no payment obligation arises.

4.11 Removal of unaccepted content. You may request removal or disabling of Creator Content that has not been Content Accepted and paid for. Klyp will use commercially reasonable efforts to disable Brand access, and Brands are required to comply with the request.

4.12 Protections before Content Acceptance. Brands may access submitted Creator Content before Content Acceptance solely for internal review within the Services, and are prohibited from copying, downloading, distributing, publishing or otherwise exploiting it externally. Any such use is deemed Content Acceptance, triggers the Brand's payment obligations in full, and is a material breach of the Klyp Terms of Service.

4.13 Content retention. Where the Campaign Details require published Creator Content to remain live for a minimum period, you will not remove, delete, archive or restrict access to it during that period, unless removal is required by Applicable Laws, by the third-party platform, or by Klyp or the Brand. Early removal may result in withholding or recovery of Creator Compensation for the affected deliverable, and Klyp will notify you before applying either.

4.14 Product samples. Where a Brand provides product samples: (a) you will use them solely to create Creator Content for that Campaign; (b) if you fail to deliver after receiving samples and the deadline has passed, the Brand may request return or reimbursement, and you will comply; (c) you are not responsible for products damaged in transit or defective on receipt; and (d) where the Campaign Details provide for reimbursement of a purchase made by you, it will be issued through the Services. Klyp does not verify, track, insure or manage the shipment of any product, and the despatch and receipt markers within the Services record only the parties' own confirmations.

4.15 Communications through the Services. You will conduct all Campaign-related communications with Brands within the Services. Klyp is not responsible in respect of arrangements made outside the Services.

4.16 No disparagement. Where you participate in a Campaign, you will not publicly disparage that Brand or its products in a manner that could reasonably be expected to damage the Campaign. Nothing in this clause prevents you from expressing a genuinely held opinion, from declining to make a claim you do not believe to be true, from making a protected disclosure, or from complying with any disclosure obligation under Applicable Laws.

4.17 Non-solicitation and non-circumvention.

(a) The restriction. During an active Campaign and for the period specified within the Services following its completion (the "Restricted Period"), you will not, without Klyp's prior written consent, directly or indirectly:

(i) solicit, approach, canvass or pitch any Brand first introduced to you through the Services to engage you for content or services of a kind offered through the Services otherwise than through the Services;

(ii) accept an engagement from, or payment by, any such Brand for content or services of a kind offered through the Services otherwise than through the Services;

(iii) request, offer or exchange contact details with any such Brand for the purpose of doing either of the above; or

(iv) solicit or encourage any such Brand to transact through, or transfer its engagement to, any platform or service that competes with the Services.

(b) This applies whether or not commission would have been payable. It is not a defence that no Platform Commission would have arisen, or that you did not intend to avoid it.

(c) What this does not restrict. This clause does not apply to: (i) any relationship you can demonstrate pre-dated the introduction through the Services; (ii) services of a materially different character from those offered through the Services; (iii) your response to a general public advertisement, casting call or listing that was not directed at you; or (iv) a Brand you can demonstrate you identified independently of the Services. It does not prevent you from working with any brand you find elsewhere, from using any other platform, or from continuing any existing client relationship.

(d) Remedy. Where you accept an engagement in breach of this clause, you will pay to Klyp an amount equal to the Platform Commission that would have been payable had the engagement been transacted through the Services, and no more. The parties agree that this represents a genuine pre-estimate of Klyp's loss. Klyp may also suspend or terminate your account under clause 12.

(e) Reasonableness. You acknowledge that this clause is no wider than is reasonably necessary to protect Klyp's legitimate interest in the marketplace it has built and the introductions it has made. If any part of it is held unenforceable but would be enforceable if some part were deleted or its duration reduced, it applies with that modification.

(f) Interference. You will not take any step intended to interfere with Tracking Parameters or attribution.

4.18 Detection technologies. Klyp applies Tracking Parameters to Creator Content and may employ automated techniques, including audio, visual and voice similarity detection, to identify Creator Content in use across advertising and marketing channels, including where it has been modified, re-encoded, screen-recorded or republished outside the Services. These measures exist to detect unlicensed use of your work and to enforce payment obligations. You consent to their application to your Creator Content, subject to the Privacy Policy and Applicable Laws.

5. Withdrawing from a Campaign

5.1 Before Slot Acceptance. You may withdraw an application, or decline an invitation, at any time before Slot Acceptance, freely and with no consequence of any kind. Nothing is reserved and no Brand is relying on you.

5.2 Within the grace period after Slot Acceptance. You may withdraw from a Campaign within the grace period specified within the Services following Slot Acceptance, with no consequence to your Reliability Rating. Your Slot reopens, the reservation is released, and the Brand is notified.

5.3 After the grace period. You may still withdraw from a Campaign at any time after the grace period has passed. Klyp will not prevent you from leaving. Before you confirm, the Services will warn you of the consequence. On confirmation: your Slot reopens, the reservation is released, the Brand is notified, and the withdrawal is recorded against your Reliability Rating. No other penalty applies, and no Creator Compensation already earned on other deliverables is affected.

5.4 Reliability Rating. Klyp maintains a record of your delivery and withdrawal history. Your Reliability Rating may be shown to Brands as part of your profile and may affect how prominently you appear in matching and search. It is based on recorded events on the platform, not on Klyp's opinion of you. You may ask to see the events recorded against you, and may ask Klyp to review any entry you believe to be inaccurate, including where you withdrew for reasons outside your control; Klyp will consider the request and correct the record where it is wrong.

5.5 Missing a deadline.

(a) Nothing happens automatically. Your Slot does not lapse just because a deadline has passed. Your pay is not reduced for being late.

(b) Tell us if there is a problem with timing. If something is going to make you late, report it through the Services using the timing issue option, choosing the reason and explaining what has happened. Do this as early as you can, and before the deadline where possible. Klyp will look at the report, may extend your deadline, and will tell you and the Brand the outcome. Klyp may follow up with you using the contact details on your account.

(c) If your deadline is extended, the Brand cannot remove you from the Campaign before the extended deadline has passed.

(d) If the delay is not your fault, you are protected. You may not be removed, and your deadline extends by the length of the delay, to the extent it is caused by: the Brand failing to provide the brief, product samples, access, approvals or information on time; the Brand's concept approval or revision turnaround; or an event outside your reasonable control of the kind described in clause 11.4.

(e) Otherwise, the Brand may remove you. If you have not submitted by the deadline and none of the above applies, the Brand may remove you from the Campaign at any time before you submit. If it does, your Slot ends, the reservation is released, you are not paid for that deliverable, and the Slot may be offered to another Creator. The Brand does not have to remove you, and many will not.

(f) Your work is still judged on its merits. Submitting late does not entitle the Brand to reject a deliverable that meets the Campaign Brief. The normal review, revision, rejection and dispute rules in clause 4 still apply. If you are paid late or removed in circumstances you think are wrong, raise it under clause 12.5.

(g) Record. Late delivery and removal under this clause are recorded against your Reliability Rating on the same basis as clause 5.3.

5.6 Campaign end date. If you were Slot Accepted before the Campaign end date, you keep your Slot and your deadline even after that date passes, and the Brand's obligations to you continue accordingly.

6. Compensation

6.1 Rates. Your Creator Compensation is as specified in the Campaign Details displayed within the Services at the time you accept participation. Clause 1.32 applies.

6.2 Klyp's role in payments. Klyp collects funds from Brands and disburses Creator Compensation as collection and disbursement agent, and for no other purpose. You acknowledge that: (a) funds are received, held and settled by the Payment Partner, and not by Klyp; (b) Klyp is not a bank, deposit-taker, payment institution or electronic money institution and does not hold client money; (c) Klyp is not the source of Creator Compensation, which is funded by the Brand; and (d) the Payment Partner's own terms govern the processing of transactions.

6.3 No charge to Creators. Klyp charges no commission, listing fee, subscription fee or withdrawal fee to Creators. Platform Commission is charged to Brands, and no fee or other arrangement agreed between Klyp and a Brand reduces the Creator Compensation shown to you in the Campaign Details, or makes it conditional on the Brand paying Klyp. Creator Compensation is paid to you in full, subject only to deductions required by Applicable Laws under clause 6.8 and to any charge levied by your own bank or wallet provider.

6.4 When compensation is earned.

(a) Flat Fee Programme — earned on Content Acceptance, including deemed Content Acceptance under clause 4.7, and credited to your Klyp Balance on approval.

(b) Performance Programme — accrues on Qualified Views measured under clause 6.5 and earned at the close of the measurement window specified in the Campaign Details, subject to the per-deliverable cap.

(c) Commission Programme — accrues when an attributable outcome is recorded under the attribution methodology in the Campaign Details, and is earned at each reconciliation displayed within the Services.

6.5 Performance measurement. Qualified Views are measured using the data source specified in the Campaign Details, being either analytics reported by the publishing platform through an authorised integration, or verified capture of your native analytics submitted through the Services. Klyp will apply the measurement window, view-duration threshold and fraud-screening rules specified in the Campaign Details, and will freeze the count at the close of that window and pay on the frozen figure. Where platform data is unavailable or manifestly inaccurate, Klyp will determine Qualified Views acting reasonably and will explain the basis on request.

6.6 Commission rate lock. Once you are admitted to a Commission Programme, the applicable rate for you in that programme is fixed and may not be reduced. A Brand may create a new Commission Programme on different terms, which you may decline. Earned commission may not be reduced or clawed back retrospectively, save where: (a) fraud or order manipulation is established; (b) an order is refunded or cancelled in full; or (c) a chargeback occurs and chargebacks are expressly identified as an adjustment event in the Campaign Details. Any adjustment will be applied to your next payout and shown to you within the Services with the reason for it.

6.7 Klyp Balance and withdrawal. Earned Creator Compensation is credited to your Klyp Balance. You may withdraw your Klyp Balance to your nominated payment method at any time, subject to any minimum withdrawal threshold displayed within the Services, to verification under clause 2.6, and to Payment Partner processing times. Withdrawal is initiated by you and is never conditional on a Campaign ending. Amounts below the threshold carry forward and remain payable to you, and Klyp will make your full balance available irrespective of the threshold when your account is closed. You are responsible for the accuracy of your payment details, and Klyp is not liable for a payment misdirected as a result of details you provided.

6.8 Taxes. You are solely responsible for all Taxes arising from your Creator Compensation. You will provide such tax documentation as is reasonably requested. Where Applicable Laws require Klyp, the Payment Partner or a Brand to deduct or withhold Tax, that deduction may be made, and Klyp will make available to you the corresponding withholding certificate or equivalent evidence so that you may claim credit. Amounts so withheld count as paid to you for the purposes of this Agreement.

6.9 Withholding by Klyp. Klyp may withhold Creator Compensation where: (a) a dispute is open under clause 4.9 or clause 6.10; (b) Klyp reasonably suspects a breach of clause 2.5 or clause 8; (c) verification under clause 2.6 is outstanding; or (d) withholding is required by Applicable Laws. Klyp will notify you of the reason and release the amount promptly once resolved in your favour.

6.10 Payment disputes. Any dispute concerning Creator Compensation must be raised in writing through the Services within the period displayed within the Services, stating the grounds and providing supporting evidence. Nothing in this clause operates to shorten any limitation or prescription period that applies as a matter of mandatory Applicable Law.

6.11 Brand non-payment. Where a Brand fails to pay an amount properly due, Klyp will pursue the Brand and keep you informed. Klyp is not a guarantor of Brand payment obligations generally. However, where a Campaign has either been funded or been approved by Klyp to proceed on credit terms or under a separate arrangement with the Brand, your Creator Compensation for a deliverable that has been Content Accepted is payable to you whether or not the Brand has paid Klyp, in accordance with clause 4.2.

7. Intellectual property and licences

7.1 You own your work. You retain ownership of Creator Content and of all Intellectual Property Rights in it. Nothing in this Agreement assigns copyright in Creator Content to Klyp or to any Brand.

What a Brand receives is a licence — a permission to use your content in the ways set out in the Campaign Details, and in no other way. You keep ownership; the Brand can only do what the Campaign Details say it can do. If it is not in the Campaign Details, the Brand has not bought it.

But within those ways, the permission is permanent. Once you have been paid, the Brand keeps that permission forever. You cannot take it back, change your mind, or ask for it to end later — including if you stop using Klyp. Make sure you are happy with the Campaign Details before you accept.

7.2 Licence to Klyp. You grant Klyp a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt, transcode, distribute and display Creator Content to the extent reasonably necessary to operate and provide the Services, facilitate Brand review, administer Campaigns, apply Tracking Parameters and detection technologies, and comply with Applicable Laws. This licence survives termination to the extent necessary for Klyp to perform its obligations in respect of Campaigns concluded before termination.

7.3 The Licensed Rights granted to the Brand. Upon Content Acceptance and receipt in full of all amounts due to you in respect of that deliverable, you grant the Brand a perpetual, irrevocable, worldwide, royalty-free, fully paid licence to use, reproduce, publish, display, distribute, communicate to the public and adapt that Creator Content for commercial purposes, on the media and channels and for the purposes specified in the Campaign Details.

This licence is permanent. Once it has been granted it lasts forever, cannot be revoked, cancelled or withdrawn by you, and does not expire when the Campaign ends, when your account closes, or when these terms end. You are being paid once, for a permanent right.

That licence is granted to the exclusion of all other persons, including you, save only for the portfolio right you reserve under clause 7.6. This means that once a deliverable is Content Accepted and paid for in full, you may not license, sell or otherwise supply that Creator Content to any third party, and may not use it for any commercial purpose or in any campaign for any other brand — and this too lasts indefinitely.

7.4 What the Campaign Details must specify. The Campaign Details for every Campaign will specify, in respect of each deliverable, an explicit and detailed indication of each right granted, the extent and purpose of the grant, and the duration and territory of exploitation. Those Campaign Details, as displayed to you and accepted by you within the Services, together with this Agreement, constitute the written record of your grant. You should read them before accepting participation, because they define what you are selling.

7.4A You will always be told, before you accept, whether your content may be used in ads. Every Campaign must state in the Campaign Details whether the Creator Content may be used in paid advertising.

If the Campaign Details say paid advertising is permitted, the Brand may run your content as advertising on any platform, in any format, anywhere in the world, for as long as its licence lasts — which is forever. It does not need to come back to you, tell you where it is running, or pay anything further. Read this field before you accept, because it is the single biggest difference between two Campaigns that otherwise look the same.

If the Campaign Details do not expressly say that paid advertising is permitted, the Brand has no right to run your content as an advertisement at all. Silence does not give it that right. If a Brand runs your content as an ad without that right, the use is unlicensed and is a material breach of the Klyp Terms of Service, and you may raise it under clause 13.3.

If a Brand wants paid advertising rights after you have accepted, it must acquire them through the Services at the applicable rate, and you will be notified.

7.5 Nothing passes before payment. No Licensed Rights arise until all amounts due to you in respect of the relevant deliverable have been received in full. Accordingly:

(a) under a Flat Fee Programme, the Licensed Rights arise on Content Acceptance and payment of your Creator Compensation for that deliverable;

(b) under a Performance Programme, the Licensed Rights arise on payment of the amount determined at the close of the measurement window; and

(c) under a Commission Programme, the Brand holds only a revocable, non-exclusive licence to use your Creator Content for the Campaign for so long as it pays commission when due, and the Licensed Rights arise only on closure of the programme and payment in full of all accrued commission. If the Brand becomes delinquent and does not remedy after notice, Klyp may suspend or terminate that revocable licence and require the Brand to cease use and take down live advertising.

Use of your Creator Content by a Brand before the Licensed Rights arise is unlicensed, is a material breach of the Klyp Terms of Service, and is an infringement of your Intellectual Property Rights.

7.6 Your reserved portfolio right. You reserve, and the Licensed Rights are subject to, a perpetual, non-exclusive right to display your Creator Content in your own portfolio, showreel, website and social media accounts for the purpose of demonstrating your own work. This right is yours and cannot be removed by a Brand. It does not permit you to license the Creator Content to any third party, to use it in any campaign for any other brand, or to use it in any paid advertising.

7.7 Right of action. You expressly grant the Brand the right to bring proceedings in its own name in respect of any infringement of the Licensed Rights by a third party occurring after the grant, and to recover damages and other relief, as if the Brand were the owner of the Intellectual Property Rights in the Creator Content. The Brand may not settle any such claim in a manner that imposes any obligation on you without your prior written consent. This does not affect your own right to bring proceedings, and does not entitle the Brand to act against you or against your exercise of the portfolio right.

7.8 Moral rights. You retain your moral rights in Creator Content. Klyp does not ask you to waive them, and acknowledges that under certain Applicable Laws they cannot be assigned or waived. Brands are required not to subject Creator Content to derogatory treatment, not to edit or adapt it beyond the scope permitted by the Campaign Details, and to provide attribution where the Campaign Details so require. Where the Campaign Details permit editing, you consent to that editing to the extent specified.

7.9 Boost and use of your account. The Licensed Rights do not permit a Brand to publish your Creator Content as advertising from, or in the name of, your own social media account, or otherwise to use your handle, identity or endorsement beyond the Creator Content itself. That is a separate decision that is yours to make. Where the Services make Boost available, it requires your separate consent given through the Services, is paid for separately at the amount displayed to you, and may additionally require you to grant permissions within the relevant third-party platform. You may decline, and declining does not affect your Reliability Rating or your standing in any Campaign.

7.10 Third parties and Third Party Materials. See clause 8.2 and clause 8.3.

7.11 Brand Marks. Brand Marks are the property of the relevant Brand. Your use of them is limited to incorporating them into Creator Content as directed by the Campaign Brief and to using them within the Services as necessary to participate in a Campaign.

7.12 Promotional licence to Klyp. Unless you opt out by written notice to support@withklyp.com, Klyp may use your name, profile image, handle and non-confidential Campaign information for Klyp's own marketing, promotional and case study purposes. Klyp will not publish your individual earnings unless aggregated or anonymised, and will not use your name or likeness in a way that implies your endorsement of a brand you have not worked with.

7.13 Klyp's rights. Klyp and its licensors retain all right, title and interest in and to the Services and all associated Intellectual Property Rights.

8. Your warranties and content standards

8.1 Originality and compliance. You represent and warrant that all Creator Content you submit:

(a) is original to you, or that you hold all rights necessary to grant the licences in clause 7;

(b) does not infringe or misappropriate any Intellectual Property Rights, right of privacy, right of publicity or other right of any third party;

(c) does not contain any false, misleading or deceptive statement or claim;

(d) truthfully and accurately reflects your genuine opinion of, and where applicable your actual experience of using, the Brand's products or services;

(e) complies with all Applicable Laws, including those governing advertising, endorsement, disclosure, consumer protection and the categories of product or service featured;

(f) does not contain material that is defamatory, obscene, pornographic, sexually explicit, violent, hateful, discriminatory, threatening, harassing, or promoting unlawful or unsafe conduct;

(g) does not contain or promote Malicious Software, spam or fraudulent schemes;

(h) complies with the content, advertising and commerce policies of each third-party platform on which it is published; and

(i) is not created using generative artificial intelligence to depict a person, product, place or event in a manner likely to mislead the audience, unless the Campaign Details expressly permit it and the use is disclosed.

8.2 Third parties appearing in your content. Where Creator Content features any person other than you, you represent and warrant that you have obtained all necessary consents, releases and permissions from that person for the use of their name, likeness, image and voice and for the licensing of the Creator Content as contemplated by this Agreement, and that you will produce evidence on request. No person under the age of 18 may appear in Creator Content submitted through the Services, unless the Campaign Details expressly permit it and you have obtained the verified written consent of a parent or legal guardian together with any authorisation required under Applicable Laws.

8.3 Third Party Materials. You represent and warrant that Creator Content does not incorporate Third Party Materials unless you have obtained all licences, consents and permissions necessary for those materials to be used, sublicensed and exploited by the Brand and by Klyp in accordance with this Agreement, including within the scope of the Licensed Rights. You will disclose all Third Party Materials, and any limitation on the licences you hold, through the Services before submission. Platform-provided audio, filters and effects are frequently licensed for organic use only and not for paid advertising; you are responsible for checking this and flagging it where the Licensed Rights include paid media.

8.4 Disclosure. You will clearly and prominently disclose your commercial relationship with the Brand in all Creator Content and any associated post, in accordance with Applicable Laws, the requirements of the relevant platform and the Campaign Details. Disclosure must be positioned so that it is readily noticed and understood, and must not be hidden, buried, abbreviated beyond recognition or placed where it would ordinarily be truncated. Failure to disclose may result in removal of the Creator Content, withholding of Creator Compensation for the affected deliverable, and suspension or termination of your account.

8.5 Regulated categories. You will not accept a Campaign, or make a claim within Creator Content, in a regulated category for which authorisation is required and has not been obtained. If a Campaign Brief asks you to make a claim you believe to be untrue, unsubstantiated or unlawful, you should decline it and report it to Klyp through the Services, and doing so will not affect your Reliability Rating.

9. Data protection, confidentiality and security

9.1 Data protection. Klyp collects, uses and discloses personal data in accordance with the Privacy Policy. You may exercise your data protection rights, including the right to request deletion, as described in the Privacy Policy, including in its Data Deletion Instructions at https://www.withklyp.com/privacy#data-deletion.

9.2 Disclosure to Brands. Your profile information, audience metrics, Reliability Rating, submitted Creator Content and Campaign communications are disclosed to Brands running the relevant Campaign for the purposes of assessing, running and measuring that Campaign.

9.3 Usage Data. Klyp may collect and use data concerning your use of the Services, Campaign participation and content performance, including aggregated, de-identified and anonymised data ("Usage Data"), to operate, secure, support and improve the Services and develop benchmarks and analytics. Klyp owns Usage Data and derivatives to the extent permitted by Applicable Laws.

9.4 International transfers. Personal data may be transferred to, stored in and processed in jurisdictions other than that in which it was collected. Klyp will implement such safeguards, and obtain such approvals, as are required under Applicable Laws.

9.5 Confidentiality. You will keep confidential all Confidential Information made available to you through the Services, use it solely for the purposes of the relevant Campaign, and not disclose it except where required by Applicable Laws. Unreleased Campaign Briefs, unannounced products and pre-launch Brand information are Confidential Information. These obligations continue for three (3) years following termination.

9.6 Security. Klyp will maintain administrative, technical and organisational measures appropriate to the risk, designed to protect Creator Content and your personal data. No system is completely secure and Klyp does not warrant that the Services will be free from unauthorised access.

9.7 Third-party services. The Services may link to or integrate with third-party websites and services. Klyp does not control and is not responsible for third-party content, policies or practices.

10. Warranties and disclaimers

10.1 Mutual warranties. Each party represents and warrants that it has full power and authority to enter into and perform this Agreement.

10.2 Klyp's warranty. Klyp warrants that it will provide the Services with reasonable care and skill.

10.3 Disclaimer. Save as expressly set out in this Agreement, and to the fullest extent permitted by Applicable Laws, Klyp excludes all warranties, conditions, representations and terms implied by statute, common law or otherwise. Klyp does not warrant that the Services will be uninterrupted, secure, timely or error-free, or that all defects will be corrected.

10.4 No guarantees. Klyp makes no representation, warranty or guarantee concerning the number or quality of Campaign opportunities available to you, the responsiveness of any Brand, the level of Creator Compensation you may earn, or the outcome of any Campaign.

11. Liability

11.1 Liability that cannot be excluded. Nothing in this Agreement limits or excludes either party's liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or wilful misconduct; (d) breach of clause 9.5 (confidentiality); or (e) any other liability that cannot lawfully be limited or excluded under Applicable Laws.

11.2 Excluded losses. Subject to clause 11.1, neither party is liable to the other for any loss of profit, loss of revenue, loss of anticipated savings, loss of business or business opportunity, loss of goodwill, loss of or corruption of data, or any indirect, consequential, special, exemplary or punitive loss, in each case however arising.

11.3 Cap on liability. Subject to clause 11.1, Klyp's total aggregate liability arising out of or in connection with this Agreement and the Services, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the greater of: (a) the total Creator Compensation paid or payable to you through the Services during the twelve (12) months immediately preceding the event giving rise to the claim; and (b) EGP 1,000. Klyp has no liability whatsoever in respect of Trials and Beta Features.

This cap does not limit your right to recover Creator Compensation properly earned and credited to your Klyp Balance.

11.4 Force majeure. Neither party is liable for any delay in or failure to perform its obligations (other than an obligation to pay amounts already earned) caused by an event beyond its reasonable control.

11.5 Indemnity by you. You will indemnify and hold harmless Klyp, its affiliates and their respective officers, directors, employees, contractors and agents against all losses, liabilities, damages, awards, settlements and reasonable costs and expenses (including reasonable legal fees) arising out of or in connection with any third-party claim, regulatory investigation or enforcement action relating to: (a) your breach of this Agreement; (b) Creator Content, including any allegation that it infringes or misappropriates Intellectual Property Rights, rights of privacy or rights of publicity; (c) your failure to comply with disclosure obligations or other Applicable Laws; or (d) any false, misleading or unsubstantiated claim made in Creator Content, save to the extent that the claim was specified by the Brand in the Campaign Brief and you complied with it.

11.6 Indemnity procedure. The indemnified party will notify the indemnifying party promptly in writing of any claim, give it control of the defence and settlement (provided no settlement may impose any obligation on, or admit liability on behalf of, the indemnified party without its prior written consent), and provide reasonable cooperation at the indemnifying party's expense.

11.7 Injunctive relief. Each party acknowledges that a breach of clause 7 or clause 9.5 may cause harm for which damages would be an inadequate remedy, and that the non-breaching party may seek injunctive or other equitable relief in addition to any other remedy.

12. Term, suspension and termination

12.1 Term. This Agreement commences when you first accept it or access the Services, whichever occurs first, and continues until terminated.

12.2 Termination by you. You may terminate this Agreement and close your account at any time. Where you are Slot Accepted on an active Campaign you should complete your deliverables or withdraw under clause 5. Klyp will make your Klyp Balance available for withdrawal in accordance with clause 6.7.

12.3 Termination by Klyp. Klyp may terminate this Agreement: (a) on reasonable written notice; or (b) immediately, where you commit a material breach that is not remediable, or that is remediable and is not remedied within a reasonable period specified in a written notice, where you become subject to any applicable sanctions regime, or where continued provision of the Services would breach Applicable Laws.

12.4 Suspension. Klyp may suspend or restrict your access, or remove Creator Content, where Klyp reasonably believes that: (a) you are in material breach of this Agreement; (b) your Creator Content or conduct presents a legal, regulatory, security or platform-policy risk; (c) verification under clause 2.6 is outstanding; or (d) suspension is required by Applicable Laws or by a competent authority or third-party platform. Except where immediate action is necessary or required by Applicable Laws, Klyp will give you notice, the reason and a reasonable opportunity to respond before suspending.

12.5 Review of decisions. Where Klyp suspends your account, withholds Creator Compensation, removes Creator Content or records an entry against your Reliability Rating, you may request a review by writing to support@withklyp.com. Klyp will review the decision, will have it considered by a person who was not responsible for the original decision where that decision was made by automated means, and will respond within a reasonable period.

12.6 Consequences of termination. Termination does not affect: (a) your right to receive Creator Compensation earned before termination, which remains withdrawable under clause 6.7; (b) Licensed Rights that have arisen under clause 7.5, which survive in accordance with their terms; (c) your reserved portfolio right under clause 7.6, which survives; or (d) commission accruing after termination in respect of attributable outcomes arising from Creator Content published before termination, until the relevant Campaign concludes or the Brand ceases use.

12.7 Survival. Clauses 1, 3.9, 6 (in respect of earned amounts), 7, 9, 10.3, 11, 12.6, 12.7 and 13, together with any other provision which by its nature is intended to survive, survive termination.

13. General

13.1 Governing law. This Agreement, and any dispute or claim arising out of or in connection with it, its subject matter or its formation (including non-contractual disputes or claims), is governed by and construed in accordance with the laws of England and Wales.

13.2 Dispute resolution between you and Klyp.

(a) Escalation. Before commencing formal proceedings, the parties will attempt in good faith to resolve any dispute through discussion for a reasonable period following written notice.

(b) Determination. Any dispute not resolved under clause 13.2(a) will be finally resolved by arbitration before a single arbitrator under the LCIA Arbitration Rules, with the seat of arbitration in London, England, and the language of the arbitration being English.

(c) Carve-outs. Either party may apply to any court of competent jurisdiction for interim or injunctive relief, and either party may bring a claim for the recovery of an undisputed debt before any court of competent jurisdiction.

(d) Mandatory rights preserved. Nothing in this clause deprives you of the benefit of any mandatory right you have under the Applicable Laws of your place of residence to bring proceedings before, or to have a dispute determined by, the courts of that place.

13.3 Disputes with Brands. You will notify Klyp promptly through the Services of any dispute with a Brand concerning deliverables, compliance with the Campaign Brief, Content Acceptance, attribution, Licensed Rights or payment. You will use the Services to communicate in relation to that dispute. Klyp may request information from both parties, facilitate resolution, withhold disputed amounts pending review, issue a determination under clause 4.9 where the dispute concerns a rejection, or decline to intervene, and will tell you which course it has taken and why. Except under clause 4.9, Klyp has no obligation to resolve disputes between you and a Brand and is not liable for their outcome. Nothing in this clause prevents you from pursuing a Brand directly.

13.4 Language. This Agreement is made in the English language. Where Klyp provides a translation, it is for convenience only, and the English language version prevails in the event of any inconsistency, save where mandatory Applicable Laws require otherwise.

13.5 Electronic contracting and signature. The parties agree that acceptance of this Agreement through the Services, and your acceptance of Campaign Details, submissions, approvals and notices through the Services, constitute valid and binding electronic records and signatures for all purposes, including for the purposes of any requirement under Applicable Laws that a licence or disposition of Intellectual Property Rights be in writing and signed. Neither party will contest the validity or enforceability of this Agreement, or of any grant of rights under clause 7, on the ground that it was concluded electronically.

13.6 Assignment. You may not assign, transfer or otherwise deal with your rights or obligations under this Agreement without Klyp's prior written consent. Klyp may assign or transfer this Agreement, in whole or in part, to any affiliate or in connection with a merger, reorganisation, acquisition or sale of all or substantially all of its assets.

13.7 Notices. Any notice must be in writing and sent to Klyp at support@withklyp.com and to you at the email address associated with your account. A notice is deemed given on delivery, if delivered personally or by courier, and on the next business day after transmission, if sent by email, provided no failure notification is received.

13.8 Entire agreement. This Agreement, together with the Privacy Policy and the Campaign Details, constitutes the entire agreement between the parties in relation to its subject matter and supersedes all prior agreements, understandings and representations. Nothing in this clause limits or excludes liability for fraud or fraudulent misrepresentation.

13.9 Order of precedence. In the event of conflict, the Campaign Details prevail over this Agreement in respect of the Campaign to which they relate, save that the Campaign Details may not vary clauses 2.1, 6.3, 7.1, 7.6, 7.8, 11 or 13.

13.10 Variation. Save as provided in the Introduction, no variation is effective unless in writing and agreed by both parties.

13.11 Waiver. No failure or delay in exercising any right or remedy operates as a waiver of it. A waiver is effective only if given in writing.

13.12 Severability. If any provision is or becomes invalid, illegal or unenforceable, it will be modified to the minimum extent necessary to make it valid, or if that is not possible, deemed deleted, without affecting the remainder.

13.13 Third party rights. Except as provided in clause 13.14, a person who is not a party to this Agreement has no right to enforce any of its terms.

13.14 Brand rights. Clauses 4.13, 4.16, 4.17, 7.3, 7.6, 7.7, 8 and 9.5 are intended to be, and are, enforceable by a Brand in respect of a Campaign in which you have participated, subject in each case to the limitations and exclusions in clause 11. The parties may vary or rescind this Agreement without the consent of any Brand.

13.15 Cumulative remedies. The rights and remedies provided under this Agreement are cumulative and in addition to, and not exclusive of, any rights or remedies provided by law.

Klyp — support@withklyp.com

Brand Terms: https://www.withklyp.com/terms | Privacy Policy: https://www.withklyp.com/privacy | Data Deletion: https://www.withklyp.com/privacy#data-deletion