STANDARD CONTRACT BETWEEN USER AND CREATOR
Last updated September 24, 2023
BY USING OUR WEBSITE AS A CREATOR OR A USER YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY
We are Expressive Online SARL, doing business under the brand SponsoGo ("Company," "we," "us," "our"), a company registered in Morocco at 10 rue de la liberté 3ème étage, Casablanca 20000.
We operate the website https://sponsogo.com (the "Site"), the mobile application SponsoGo (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
SponsoGo is a space designed to allow Creators to easily and securely share their passion, services and art with their audience, while being rewarded for their work.
A "Creator" is a user of our Services who has special access to publish and sell digital and/or physical goods on our platform (Services) to Users.
A "User" is a user of our services who can only view, browse and purchase digital and/or physical goods from Creators.
This standard contract between User and Creator "Agreement" details the terms or any transaction between a User and a Creator on our Services.
The following terms apply whenever any transaction is initiated between a User and a Creator to the exclusion of any other terms which the User and the Creator my propose. This standard contract between User and Creator is legally binding to any Users/Creators participating in a transaction.

1. Parties

The only parties to this agreement are the User and Creator participating in the User/Creator Transaction. Expressive Online SARL nor any of its subsidiary companies is a party to this agreement and neither Expressive Online nor any of its subsidiary companies grants any rights in respect of, nor participates in, any User/Creator Transaction, except that Expressive Online or any of its subsidiary companies may act as a payment intermediary in accordance with the Creator’s and User’s instructions set out in section 3 of this agreement.

2. Interpretations

"Content" means any material uploaded to our Services by any User (whether a Creator or a User), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
"Referring User" means a User who participates in the SponsoGo Referral Program;
"User/Creator Transaction" means any transaction between a User and a Creator on our Services by which access is granted to the Creator's Content, including in any of the following ways: (i) a Subscription, (ii) payments made by a User to view a Creator's pay-per-view Content (pay-per-view media and pay-per-view live stream), and (iii) payments made by a User to use the Users interaction functions on a Creator's account/page (iv) payments made by the user as tips to the creator;
"Subscription" means a Users's subscription to a Creator's account;
"TVA" or "VAT" means Morocco value added tax and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
"Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of Morocco or any other jurisdiction.

3. Pricing and payment

By entering into a User/Creator Transaction, the User agrees to pay the User Payment applicable to the relevant Uer/Creator Transaction in accordance with the pricing published in the Creator's account plus any TVA/VAT which is applicable. The User and Creator participating in the User/Creator Transaction authorize Expressive Online or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the User Payment and any applicable TVA/VAT, to deduct the platform Fee, and to pay out the sums due to Creators and (if applicable) Referring Users, as described in the SponsoGo Terms of Use and on the Standard Contract Between Expressive Media and Creator.

4. License of Content

Once the User has made the User Payment for a User/Creator Transaction, the Creator grants to the User a limited license to access the applicable Content of that Creator to which the User/Creator Transaction relates (the "Relevant Content"). This license is non-transferable, non-sublicensable and non-exclusive, and permits the User to access and view the Relevant Content on the User's personal device and via a normal web browser (and to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the Use’s accessing the Content (i.e. caching)), in accordance with our Acceptable Use Policy.

5. Ownership of Content

The User participating in the user/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in section 4 of this agreement does not result in the User acquiring any rights in or to the Relevant Content, which rights shall be retained by the Creator of the Relevant Content.

6. Expiry of license

The license granted to a User in relation to the Relevant Content will expire automatically without notice in the following circumstances:

if the User Payment related to the User/Creator Transaction was unsuccessful, or is charged back or reversed for any reason;
in respect of pay-per-view Content, once the User has completed viewing the Content;
in respect of Subscriptions, at the end of the subscription period, unless the Subscription is configured to automatically renew;
if the User acts in breach of the SponsoGo Acceptable Use Policy (whether in relation to the Relevant Content or at all);
if the Content is removed from the Creator's account;
if the User closes their SponsoGo User account.

7. Cancellation and refunds

In respect of every User/Creator Transaction:

The User acknowledges that the User/Creator Transaction will result in a supply of the relevant Content to the User before the end of the period of 14 days from the date when the User/Creator Transaction is entered into, and the User gives his or her express consent to this and confirms to the Creator that he or she is aware that any statutory right to cancel the User/Creator Transaction which the User has under any applicable law will therefore be lost.
This agreement does not affect any statutory right to receive a refund from the Creator which a User may have under the applicable laws.

8. Obligations between User and Creator

In respect of every User/Creator Transaction:

The User and the Creator participating in the User/Creator Transaction agree to comply at all times with the SponsoGo Acceptable Use Policy in relation to the Relevant Content, including when accessing, viewing and interacting with it.
The User participating in the User/Creator Transaction agrees to make the User Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the User disputes the User/CreatorTransaction in good faith.
The Creator participating in the User/Creator Transaction agrees to make the Relevant Content available to the User once the User has made the User Payment applicable to the Relevant Content.
The Creator warrants (makes a legally enforceable promise) that it possesses alln ecessary rights in and to the Relevant Content sufficient to license it to the User in the territory in which the User will be accessing the Relevant Content, and has obtained any and all permissions and consents needed to grant the license in section 4 of this agreement.
The Creator is solely responsible for creating and uploading the Relevant Content. The Creator provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.

9. No guarantees

The User participating in the User/Creator Transaction acknowledges that Creators may add and remove Content at any time from their Creator account, and that Creators have the discretion to decide what sort of Content to make available on their account. In addition, the User participating in the User/Creator Transaction acknowledges that there may be circumstances where it is not possible for the User to access to Relevant Content to be provided under the User/Creator Transaction, including but not limited to:

the Creator's account is suspended or deleted;
if the User’s account is suspended or deleted;
if the availability of all or any part of SponsoGo site is suspended or inaccessible; or
if the Creator is unable to create or upload Relevant Content in the future.

10. Terms relating to disputes

This agreement is governed by Moroccan law and Moroccan law will apply to any claim that arises out of or relates to this agreement. Any claim under this agreement may only be brought in the courts of Casablanca Morocco.