Creator Agreement

PARTIES TO THE AGREEMENT

HYPER LAB LLC, doing business as SEACRETS and operating the platform https://app.seacrets.online (hereinafter, the “PLATFORM”), a company duly organized and existing under the laws of the United States of America, with its principal place of business at 8 The Grn Ste A, Dover, DE 19901, and [Creator’s Full Legal Name] (hereinafter, the “Creator”), an individual of legal age, identified with [ID/Passport or other government-issued identification] No. ________.

The Platform and the Creator, jointly referred to as the “Parties”, agree to enter into this agreement (the “Agreement”), which shall be governed by the following clauses:

1. Background and Purpose

1.1. The Platform operates a technology service accessible via website and/or applications (the “Site”), which allows end users (the “End Users”) to access digital content published by creators, as well as to use streaming, messaging, subscriptions and/or other features.

1.2. The Creator wishes to use the Site’s technology infrastructure to publish and monetize content, subject to this Agreement and the Platform’s then-current policies.

2. Definitions

For purposes of this Agreement, the following terms shall have the meanings set forth below:

3. Nature of the Relationship

3.1. Technology service. The Platform provides the Creator with access to and use of the Platform’s technology infrastructure, which may include: hosting, profiles, payment processing (through third parties), streaming, messaging, subscriptions and/or other features, monetization tools, moderation, admin dashboards, analytics, and other available features.

3.2. Limited editorial involvement / curation. The Platform may conduct promotion, marketing, curation, and moderation in accordance with the Policies, without thereby assuming authorship or ownership of the Content.

3.3. No employment relationship. This Agreement does not create an employment, agency, representation, partnership, franchise, or mandate relationship between the Parties. The Creator acts independently and under her sole tax and legal responsibility.

4. Registration, Account, and Eligibility

4.1. The Creator represents and warrants that: (i) she is of legal age under applicable law and the Policies; (ii) she has legal capacity to enter into this Agreement; and (iii) the information provided is true and will be kept current.

4.2. The Platform may request additional documentation at any time for KYC/AML, security, compliance, or risk management purposes.

4.3. The Creator is responsible for safeguarding her credentials and for all use of her account; any activity conducted through her account shall be deemed authorized by her.

5. Content License and Intellectual Property

Creator Ownership

The Creator shall retain all intellectual property rights and copyrights in and to the original content (the “Content”) that she creates and publishes on the Platform. Nothing in this Agreement shall be construed as a transfer of ownership of the Content to the Platform.

License to the Platform

By publishing or uploading Content to the Platform, the Creator grants the Platform a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to such Content.

This license permits the Platform to use, store, reproduce, distribute, communicate, publicly display, transmit, adapt, translate, edit, and promote the Content, solely for the purpose of operating the Platform and related services, as well as for marketing and promotional activities related to the Platform or the Creator’s profile.

The license includes the Platform’s right to create derivative works or make minor modifications to the Content when necessary for technical or format-related reasons (for example, generating thumbnails, previews, or adjusting video resolution), while respecting the integrity of the Content.

Term of the License

The license to the Content shall remain in effect for as long as the Content is available on the Platform and for a reasonable period after its removal, solely to enable the Platform to comply with legal obligations under applicable laws, resolve disputes, maintain security backup copies, or complete promotional campaigns already in progress that include such Content. If the Creator voluntarily deletes a specific Content item from the Platform, the license for that specific Content shall be deemed terminated (except for the limited purposes stated above).

Rights Warranty for Content

The Creator warrants that all Content she publishes is original or that she holds all necessary rights, licenses, and third-party consents required to grant the foregoing license to the Platform. The Creator represents that the Platform’s use of the Content under this license will not infringe any copyrights, trademarks, rights of publicity, image rights, or other intellectual property or personal rights of any third party. If the Platform faces third-party claims for infringement attributable to the Creator’s Content, the Creator shall bear full responsibility pursuant to the Indemnification provisions of this Agreement.

6. Image Rights and Promotion

The Creator expressly authorizes the Platform to use her image, voice, stage name (pseudonym), username, and any depiction of her person appearing in the provided Content, for purposes of promoting her profile on the Platform and/or the Platform itself. This authorization is worldwide, non-exclusive, and without additional compensation (it being understood that consideration for such use is included in the general terms of this Agreement), and is limited to promotional or advertising activities related to the Platform and the services offered therein.

The Platform agrees to use the Creator’s image and related personal elements respectfully, without improperly altering the Content and without harming the Creator’s reputation or dignity. Under no circumstances shall the Platform assign or provide the Creator’s image or Content to unrelated third parties for purposes not connected to promoting the Platform without obtaining additional consent. This image-rights authorization shall remain in effect for the same term as the Content license granted to the Platform, and the Creator may revoke it by removing the Content or terminating this Agreement in accordance with its terms.

7. Creator Obligations

The Creator agrees to comply with the following obligations during the term of this Agreement:

• Content Quality and Legality. The Creator shall upload to the Platform only Content of her exclusive authorship or for which she has all necessary rights, authorizations, and licenses. The Creator further warrants that such Content fully complies with applicable law, including—without limitation—laws regarding decency, protection of minors, and the prohibition of child sexual abuse material, as well as the Platform’s internal policies regarding permitted content.
• Age & Consent. The Creator represents and warrants that all persons appearing in the Content, including herself and any co-performer, are at least eighteen (18) years of age, have provided free, express, and informed consent to the creation and distribution of the material, and that such consent is documented in a verifiable manner. In the case of co-performers, they must have a duly verified creator account on the Platform and must be properly tagged by the primary Creator in each Content item in which they participate.
• Compliance with Policies and Guidelines. The Creator shall comply with the Community Guidelines, Terms of Service, Acceptable Use policies, and any other guideline or regulation the Platform establishes to ensure the safe and proper operation of the Platform. This includes, without limitation, guidelines on interactions with subscribers/end users, rules on permitted content (see Section 6 “Prohibited Content”), tagging or classification rules for sensitive content, and any identity or age verification requirements imposed by the Platform to comply with law.
• Professional Conduct. The Creator shall maintain professional and respectful conduct while using the Platform. The Creator shall refrain from harassing, threatening, or discriminating against users or other creators, and from misusing the Platform’s tools. Interactions with subscribers (messages, streaming, etc.) must comply with this Agreement and applicable law.
• Account Security. The Creator shall protect and keep confidential her access credentials (username and password). The Creator is responsible for all activity conducted through her account. The Creator shall promptly notify the Platform if she suspects unauthorized access or a security breach, and shall cooperate with the Platform to resolve security incidents. Transferring, sharing, or assigning the Creator’s account to third parties without the Platform’s authorization is prohibited.
• Cooperation in Moderation. The Creator shall cooperate with the Platform in content moderation or verification processes. This may include providing information or documents evidencing compliance with legal requirements applicable to the Content upon the Platform’s reasonable request, or complying with correction/removal instructions issued by the Platform under this Agreement.
• Information Updates. The Creator shall keep her personal and contact information registered on the Platform up to date, as well as any information required to process payments. Any relevant change (such as a change of residence to another country, change of stage name, etc.) must be promptly communicated to the Platform to maintain this Agreement in effect and ensure proper service delivery.
• Prohibition of Illegal Activities and Card Network Standards Violations. The Creator expressly agrees not to engage in, promote, facilitate, or allow through the Platform any activity that is illegal, fraudulent, or that violates applicable laws, regulations, governmental orders, card network rules, or payment brand standards, including, without limitation, the Mastercard Rules and Mastercard Standards.
  The Creator acknowledges and agrees that any breach of this obligation shall constitute a material breach of this Agreement, entitling the Platform, without prior notice, to remove content, suspend or terminate the Creator’s account, withhold funds in accordance with applicable Policies, and cooperate with payment networks and/or competent authorities as required.

8. KYC, AML, Sanctions, and Risk-Based Approach

• 8.1. Mandatory compliance. The Creator shall comply with and cooperate with KYC/AML and any reasonable controls arising from the Platform’s risk-based approach.
• 8.2. Control measures. The Platform may apply measures such as: (i) enhanced due diligence (EDD), (ii) transaction limits, (iii) settlement delays, (iv) temporary holds, (v) preventive suspensions, and/or (vi) account closure, when red flags or risk indicators exist.
• 8.3. Sanctions and fraud. If the Platform detects or suspects fraud, impersonation, VPN usage or manipulation, unusual transactions, links to sanctioned jurisdictions or lists, or any other relevant indicators, it may act without prior notice in accordance with the Policies and applicable law.
• 8.4. Records and retention. The Platform may retain evidence and compliance-related operational records for the period defined in its Policies and/or as required by law.

9. Prohibited Content

9.1. The Creator shall not upload or distribute through the Platform any content that falls within the following prohibited categories or that is otherwise illegal, unlawful, or violates applicable laws, regulations, or any card association rules or standards, including Mastercard Rules and Standards.. A breach of this section shall be deemed a material breach and shall entitle the Platform to take immediate measures, including removal of infringing content, account suspension and/or termination of this Agreement, without prejudice to any legal actions that may apply. Strictly prohibited content includes:

9.1.1. Typical prohibitions (minimum)

• Minors or the appearance of minors
• Exploitation, trafficking, or coercion
• Real violence or incitement to violence/hate/discrimination
• Non-consensual pornography
• Infringement of third-party image/copyright rights
• Doxxing or sensitive personal data
• Unlawful instructions
• Deepfakes lacking documented consent where applicable
• Any other scenario defined in the Policies

9.2. Moderation. The Platform may: (i) remove Content, (ii) limit visibility, (iii) block features, and/or (iv) suspend or terminate accounts, where the Content or conduct violates the Policies or increases risk.

9.3. Notice & action / claims. The Platform may implement procedures for reports submitted by users, rights holders, authorities, or affected third parties, in accordance with the Policies.

The Platform reserves the right to update or expand prohibited-content categories as laws or internal policies evolve, and to notify the Creator of any material changes. It is the Creator’s responsibility to periodically review the Platform’s content policies to ensure her material does not violate prohibitions.

10. Acceptable Use and Legal Compliance

The Creator shall use the Platform in accordance with its intended purpose and shall comply with all applicable laws of her country, the United States, and any other relevant jurisdictions.

Regulatory Compliance for Adult Content. The Creator shall comply with international and local rules applicable to adult content, including maintaining records of age and identity of participants (e.g., 18 U.S.C. §2257 in the U.S., if applicable), decency standards, and communications/internet regulations applicable to pornographic content.

Proper Use of the Platform. The Creator shall use the Platform only to create and monetize consensual adult content. The Platform shall not be used for spam, phishing, fraud, malware, or unrelated content. The Creator shall not bypass security or moderation, nor engage in reverse engineering, unauthorized scraping, or any activity that compromises the Platform’s systems.

Respect for Privacy and Rights of Other Users. The Creator may interact with her subscribers and followers, but must respect their privacy and rights, as well as those of other users. The Creator is prohibited from disclosing any personal information of users (real names, addresses, payment details) learned through the Platform, and from harassing or encouraging others to harass any user. The Creator must comply with personal data protection laws when handling private information.

Duty to Report Incidents. If the Creator becomes aware of any activity that may constitute a violation of this Agreement, the Platform’s policies, or applicable law, she shall promptly notify the Platform. This enables the Platform to investigate and, if necessary, report to competent authorities or mitigate risks. The Creator acknowledges that failure to comply with Acceptable Use and Legal Compliance obligations may result in disciplinary actions by the Platform, including suspension or termination of the account, and may expose the Creator to legal liabilities in relevant jurisdictions.

11. Monetization, Payments, Commission, Settlement, and Reserve

11.1. Third-party payment processing. Charges to End Users shall be processed through a third-party provider (payment gateway). The Platform does not guarantee continuous availability of such third-party provider and shall not be liable for failures attributable to external providers, without prejudice to the Platform’s reasonable efforts to restore service.

11.2. Revenues. Revenues may be generated through subscriptions, individual purchases, tips, paid messages, live streams, and other enabled tools.

11.3. Commission. The Platform shall retain a commission equal to 20% of gross revenues actually collected as consideration for the technology service. The Platform does not act as a fiduciary, trustee, depository, or fund administrator for the Creator.

11.4. Taxes and withholding. The Creator is responsible for reporting and paying all taxes applicable to her income. The Platform may apply withholdings if required by law or imposed by the payment provider.

11.5. Cutoffs and settlements

The Platform will perform daily cutoffs and settlements in favor of the Creator pursuant to the Creator’s withdrawal request, provided that:

• the account is active and compliant;
• the Creator has completed KYC;
• the minimum payout threshold (Reserve) of seven (7) business days is satisfied; and
• the withdrawal request is equal to or greater than US$50.

12. Content Moderation and Platform Authority

The Platform shall have the right (but not the obligation) to monitor and moderate the Creator’s Content and activities on the Platform to verify compliance with this Agreement, internal policies, and applicable law. In exercising this authority, the Platform may, at its sole discretion:

• Prior Review and Approval. The Platform may review and approve or reject the Creator’s content prior to publication, especially where it may violate this Agreement or applicable regulations. Lack of approval does not relieve the Creator of responsibility.
• Removal or Blocking of Content. The Platform may remove, block, or disable any content that violates this Agreement, infringes third-party rights, or is objectionable on ethical or legal grounds. The Platform will inform the Creator of the removal and the reasons, except where prohibited by an authority order or where notice could compromise a legal investigation.
• Account Suspension. In the event of well-founded suspicions of contractual breach or an ongoing investigation regarding the Content, the Platform may suspend the Creator’s account. During suspension, the Creator may not access her account or upload content, but subscribers may continue to access previously published content at the Platform’s discretion. The Platform will endeavor to limit suspension to the time necessary to investigate and resolve the matter.
• Account Termination. The Platform may terminate the Creator’s account and this Agreement immediately if the Creator materially or repeatedly breaches her obligations, especially regarding illegal content, non-consensual content, involvement of minors, fraud, or any conduct that exposes the Platform or users to legal risk. Termination will be notified through a platform notice and will be effective immediately, unless a different effective date is stated.
• Cooperation with Authorities. The Platform may report and cooperate with authorities if it detects unlawful activities or risks to persons, providing necessary data and content as permitted under data protection laws. The Creator acknowledges this right and consents to disclosure of her information and content to authorities pursuant to a valid legal request, without breaching confidentiality.

The Platform shall not be liable to the Creator for good-faith moderation measures taken to protect the Platform or third parties—such as removing content or suspending accounts—beyond paying amounts owed under the Payments clause. The Creator acknowledges that the Platform’s moderation is essential to maintaining a lawful and safe environment.

13. Data Protection and Privacy

13.1. Each Party shall comply with applicable data protection laws and the Privacy Policies of the relevant country where they apply. Otherwise, the Platform’s Data Protection and Privacy policy shall govern.

13.2. The Creator agrees not to publish third-party personal data without a lawful basis/valid consent, and to comply with privacy standards defined by the Platform.

13.3. The Platform shall process data in accordance with its Privacy Policy and may share data with third-party providers (payment gateway, hosting, KYC verification, analytics, security) in accordance with a lawful basis and stated purposes.

14. Representations, Warranties, and Obligations of the Creator

• has sufficient rights to the Content;
• does not infringe intellectual property, image rights, privacy, or third-party rights;
• will not use the Platform for illegal, deceptive, or fraudulent activities;
• will provide truthful and up-to-date information; and
• will comply with then-current Policies and any updates thereto.

15. Liability, Limitations, and Exclusions

15.1. The Platform provides the service “as is” and “as available”, without any guarantee of economic results, traffic, sales, or uninterrupted continuity.

15.2. The Platform is not liable for: (i) acts of End Users, (ii) third-party reactions, (iii) failures of external providers (payment gateway/hosting) beyond its reasonable control, or (iv) the Creator’s Content or conduct.

15.3. To the maximum extent permitted by law, the Platform’s total aggregate liability to the Creator for any cause shall be limited to an amount equal to one hundred percent (100%) of the commissions collected during the three (3) months immediately preceding the event giving rise to the claim, excluding fraud, willful misconduct, or gross negligence to the extent the law does not permit limitation.

15.4. In no event shall the Platform be liable for lost profits, loss of opportunity, indirect damages, or reputational harm arising from the use of the service, to the extent permitted by law.

16. Indemnification

The Creator agrees to indemnify and hold harmless the Platform, its directors, employees, and providers, from and against any claim, sanction, damage, cost, or expense (including reasonable attorneys’ fees) arising out of:

• infringement of third-party rights by the Content;
• breach of the Policies or this Agreement;
• fraud, impersonation, or KYC/AML violations attributable to the Creator; and
• End User claims related to the Content.

17. Term, Suspension, and Termination

17.1. Term. This Agreement shall enter into force on the date it is accepted by the Creator and shall have an indefinite term, remaining in effect until terminated in accordance with this Agreement.

17.2. Preventive suspension. The Platform may fully or partially suspend access due to AML/fraud alerts, Policy breaches, internal investigations, well-founded claims, or authority requests.

17.3. Termination by the Creator. The Creator may terminate at any time, subject to: (i) fulfillment of outstanding obligations, and (ii) the settlement window and Reserve.

17.4. Termination by the Platform. The Platform may terminate for material breach, high risk, fraud, prohibited content, false KYC information, or repeated alerts, without prejudice to holds for refunds/chargebacks.

17.5. Effects. Upon termination: (i) publishing is disabled; (ii) Content may be removed pursuant to the Policies; (iii) confidentiality, indemnification, limitations, and payment obligations survive; and (iv) the Platform may hold funds pursuant to the Reserve and pending matters.

18. Incorporated Documents and Priority

18.1. This Agreement incorporates by reference the Platform’s then-current Policies, to which the Creator adheres.

18.2. In case of conflict:

• This Agreement shall prevail for essential legal matters (ownership, licenses, liability, dispute resolution); and
• the Policies shall prevail for operational procedures (moderation, security, KYC/AML, payments and refunds), provided they do not directly contradict an essential clause of this Agreement.

19. Confidentiality and Privacy

19.1. Platform Confidential Information. The Creator shall keep confidential all confidential or proprietary information of the Platform accessed through this relationship, including internal operations, non-public marketing strategies, financial data, and any information identified as confidential. The Creator shall not disclose or use such information for purposes other than those contemplated by this Agreement, except with the Platform’s prior written authorization. This obligation survives termination.

19.2. User Privacy. If the Creator learns personal information of users through the Platform, she shall treat it as confidential and use it only for permitted purposes. The Creator is prohibited from downloading, aggregating into external databases, selling, or disclosing such information. Breach shall be deemed material and may result in legal liability.

19.3. Exceptions. Information is not confidential if it is public, lawfully received from a third party not bound by confidentiality, or disclosed pursuant to a judicial/administrative order. In the latter case, the Creator shall notify the Platform to allow protective measures.

20. Modifications

The Platform may update Policies for security, compliance, operational improvements, or risk management. Notice will be provided through reasonable means. Continued use after an update constitutes acceptance, without prejudice to the Creator’s right to terminate if she does not agree.

21. Governing Law and Dispute Resolution

21.1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to conflict of laws rules. Where state law differs from federal law on a relevant matter, state law shall govern contractual and commercial matters to the extent not inconsistent with applicable federal law.

21.2. Amicable Negotiation. In the event of any dispute, disagreement, claim, or conflict related to the interpretation, performance, compliance, or termination of this Agreement, the Parties agree to first attempt an amicable resolution. The affected Party shall notify the other in writing describing the dispute, and the Parties shall negotiate in good faith for a maximum period of ninety (90) days from receipt of such notice.

21.3. Jurisdiction for exceptions and enforcement. For purposes of Sections 21.5, 21.7, and 21.8, the Parties submit to the jurisdiction of the competent state or federal courts of the State of Florida, United States of America. The Creator expressly waives any objection to venue or jurisdiction.

21.4. Arbitration (general rule). Except as provided in Sections 21.3 and 21.5, any dispute, controversy, conflict, or claim arising out of or related to this Agreement, including its interpretation, performance, breach, or termination, shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) or an equivalent institution, in accordance with its rules then in effect.

21.5. Exceptions and injunctive relief. Notwithstanding the foregoing, the Platform may seek injunctive or provisional relief in the competent state or federal courts of the State of Florida for matters involving fraud, intellectual property, confidentiality, unauthorized access, information security, data protection, or any other urgent protection, without waiving arbitration as to the merits.

21.6. Seat, language, and modality. The seat of arbitration shall be Florida, United States of America, and the language shall be English, unless the Parties expressly agree to use Spanish. The proceeding may be conducted virtually if permitted by the applicable rules and/or determined by the arbitral tribunal.

21.7. Award and enforcement. The arbitral award shall be final and binding on both Parties and may be enforced in any competent court. For enforcement of the award and/or injunctive relief, the Parties submit to the jurisdiction of Florida state or federal courts and waive objections to jurisdiction.

21.8. Notices. The Parties agree that service of process and procedural notices may be validly sent to the Creator via the email address registered on the Platform, without prejudice to other methods required by law or applicable international treaties.

22. General Provisions

22.1. Entire Agreement. This Agreement constitutes the entire agreement between the Platform and the Creator and supersedes any prior agreement. The Parties acknowledge they do not rely on statements outside this Agreement. Any changes must be in writing and accepted by both Parties, except where the Platform provides unilateral updates permitted herein (e.g., policy updates). Continued use of the Platform after notice constitutes acceptance of the changes.

22.2. Severability. If any provision is found invalid, illegal, or unenforceable by a competent court or authority, it shall be interpreted to best reflect the Parties’ original intent to the maximum extent permitted by law. The remaining provisions shall remain in full force. The Parties shall negotiate in good faith a valid replacement provision preserving the original legal and economic purpose.

22.3. No Waiver. Failure to exercise any right shall not constitute a waiver. Failure to enforce any provision or exercise any right once shall not constitute a permanent waiver of that or any other right. Any waiver must be in writing to be effective.

22.4. Assignment. The Creator may not assign or transfer her rights or obligations under this Agreement without the Platform’s prior written consent; any assignment in violation of this section is void. The Platform may assign this Agreement, in whole or in part, to an affiliate, parent or subsidiary, a purchaser of its business or the Platform, or a successor by merger, reorganization, or similar transaction, by notifying the Creator. Upon valid assignment, this Agreement shall bind authorized successors and assigns.

22.5. Relationship of the Parties. This Agreement does not create an agency, representation, partnership, franchise, joint venture, or similar relationship between the Parties beyond an independent contractor relationship. The Creator may not assume obligations or commitments on behalf of the Platform, and vice versa. Each Party acts separately and is responsible for its own obligations and personnel.

22.6. Signatures and Acceptance. The Creator may accept this Agreement by signing physical copies or electronically (for example, by clicking “Accept” on the Platform). Both forms are legally valid. For handwritten signatures, counterparts may be used, which together constitute one document. Electronic signatures (scanned or certified digital) shall be deemed originals.