Creator Garage - Terms and Conditions

1. Definitions

In these Terms, the following words have the meanings set out below.

  • App - the Overtune mobile application and related websites and services.
  • Creator - an applicant accepted into the Programme.
  • Programme - the Overtune Creator Garage creator initiative operated by Overtune.
  • Programme Rules - the reward ladder, eligibility criteria, content rules and operational guidelines published at Creators Garage Rules and updated from time to time.
  • Qualified Signup - a new user who installs the App and creates an Overtune account within 7 days of first clicking a Creator’s unique link or entering the Creator’s unique code during onboarding, on a unique non-emulated device that Overtune has not previously observed.
  • Content - any text, images, video, audio, captions, graphics or other materials that you create or supply for the Programme.
  • Reward - swag, digital perks or cash, as described in the Programme Rules.
  • Digital Tier - a non-shipping reward tier available in certain countries at Overtune’s discretion.

2. Agreement to these Terms

By applying to the Programme and, if accepted, participating as a Creator, you agree to be bound by these Terms, the Programme Rules, the Overtune Privacy Policy, and any platform policies that apply to your posts. If you do not agree, do not apply or participate.

3. Eligibility and application

3.1 You must be at least 18 years old and legally able to enter a contract.
3.2 You must primarily post automotive content and meet the minimum quality and engagement thresholds set out in the Programme Rules.
3.3 Applications may be approved, waitlisted or declined at Overtune’s discretion. Overtune may limit participation by region or niche.
3.4 You confirm all information you provide is accurate and not misleading. You will promptly update your details if they change.

4. Relationship

4.1 You are an independent contractor. Nothing in these Terms creates an employment, worker, agency, partnership or joint venture relationship.
4.2 You are responsible for your costs of creating and publishing Content unless expressly stated otherwise.
4.3 You are responsible for your own taxes, national insurance and compliance with any local business registration requirements.

5. Content requirements and disclosures

5.1 You will create authentic Content about your own experience of the App.
5.2 You must comply with applicable advertising and consumer laws and guidance, including the UK CAP Code, ASA guidance and CMA Endorsement Guidance.
5.3 Every paid or incentivised post must include clear disclosure, for example #OvertunePartner or #ad, and must use the platform’s paid partnership tools where available.
5.4 Brand safety rules apply. You must not publish Content that includes or promotes:

  • Illegal activity, including dangerous or illegal driving, street racing, speeding on public roads, or failure to follow local traffic laws
  • Hate speech, harassment, discrimination, nudity or adult content
  • Misinformation, spam or misleading performance claims
  • Third party intellectual property without permission, including music you do not have rights to use
  • Malware, tracking beacons outside platform tools, or any harmful code
    5.5 You will follow any creative guidelines that Overtune provides, including logo use, naming and correct links or codes.

6. Rights in your Content

6.1 You retain ownership of your Content.
6.2 You grant Overtune a non-exclusive, worldwide, royalty free licence to use, reproduce, adapt for formatting, publish, display, distribute, and communicate your Content for the purpose of operating, marketing and promoting Overtune and the Programme on Overtune-owned channels, email, the App, Overtune social media pages and paid ads, with credit where reasonably practicable.
6.3 To the extent permitted by law, you waive any moral rights you may have in the Content as against Overtune, or agree not to assert them, so Overtune can edit and reuse the Content for the licensed purposes.
6.4 You represent and warrant that you created the Content, that you have all rights needed to grant the licence above, and that the Content does not infringe third party rights or breach any law or platform policy.

7.1 Overtune will issue you a unique link and code. You will use only your assigned link and code in promotional posts.
7.2 You consent to Overtune measuring clicks, installs, signups and in-app events that are attributed to your link or code. This may include capture of device identifiers, IP addresses, user agent data and timestamps to combat fraud and operate the Programme.
7.3 You will not engage in prohibited conduct, including:

  • Self-referrals or referrals by close family, employees or agents
  • Use of emulators, device farms, incentivised traffic exchanges or automated scripts
  • Misrepresenting the App’s features or incentives
  • Any attempt to manipulate attribution, including reposting links in coupon sites or mass comment spam

8. Rewards and shipping

8.1 Rewards are earned based on Qualified Signups as set out in the Programme Rules. Proof of action may be required, for example an intro post or stories.
8.2 Unless stated in the Programme Rules, physical swag is shipped after you reach the first shipping threshold, currently 5 Qualified Signups for UK addresses. Overtune may change thresholds and available items.
8.3 For countries where shipping is not yet supported, the Digital Tier applies until Overtune opens shipping.
8.4 Cash components, if any, are paid monthly in arrears following reconciliation, to a bank or payment account you nominate. Minimum payout thresholds may apply.
8.5 You are responsible for any taxes, duties or import charges on Rewards.
8.6 Overtune may set monthly caps per Creator. Overtune may withhold or claw back Rewards that were earned in breach of these Terms or through fraud.

9. Data protection

9.1 Overtune acts as a controller of your personal data and processes it in accordance with the Overtune Privacy Policy.
9.2 Categories of data processed for the Programme include contact information, social profile data, content links, country and size data, shirt sizes for shipping, analytics and attribution data, device and IP data and communications with you.
9.3 Legal bases for processing include performance of these Terms, legitimate interests in operating and improving the Programme and compliance with legal obligations.
9.4 You have rights to access, correct and delete your data as described in the Privacy Policy. Contact creators@overtune.io for requests.

10. Moderation and takedown

10.1 Overtune may request edits or removal of Content that breaches these Terms, platform rules or brand safety. You will act promptly.
10.2 Overtune may remove your in-app badge or features and may suspend or terminate your participation at any time.

11. Term and termination

11.1 These Terms start when you apply and continue while you participate.
11.2 Either party may terminate at any time for convenience on written notice.
11.3 Overtune may suspend or terminate immediately for breach, suspected fraud, brand safety issues, legal risk, or prolonged inactivity.
11.4 On termination, you must stop using Programme links and codes and stop representing that you are an Overtune Creator. Sections 6, 8.6, 9, 12, 13, 14 and 18 survive termination.
11.5 Overtune may continue to use previously licensed Content already published or committed for use, for a reasonable period, unless you reasonably withdraw consent for serious rights reasons.

12. Warranties and responsibilities

12.1 You warrant that your participation will comply with all applicable laws and platform rules, that you will not mislead users, and that you will follow traffic laws when filming.
12.2 The Programme and Rewards are provided on an “as is” basis. To the fullest extent permitted by law, Overtune excludes implied warranties.

13. Indemnity

You will indemnify Overtune against losses, liabilities, claims and costs arising out of or in connection with your breach of these Terms, your Content, or your unlawful or negligent acts, except to the extent caused by Overtune.

14. Liability

14.1 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited by law.
14.2 Subject to 14.1, Overtune will not be liable for loss of profit, revenue, business, data, goodwill or any indirect or consequential loss.
14.3 Subject to 14.1, Overtune’s total aggregate liability arising out of or in connection with these Terms is limited to the greater of £100 or the total value of Rewards paid to you in the 6 months before the claim.

15. Platform and third parties

15.1 You are solely responsible for complying with the terms of Instagram, TikTok, YouTube and any other platforms you use.
15.2 Overtune is not responsible for platform outages, policy changes or content removals by platforms or rights holders.

16. Events and real-world activities

16.1 If you create Content at events, you must follow event organiser rules and local laws.
16.2 You are responsible for your safety and the safety of others when filming or driving. Do not film while driving unless safely stationary or using legal track facilities.

17. Changes to the Programme and these Terms

17.1 Overtune may update the Programme Rules and these Terms from time to time. Material changes will be notified by email or via the Creator portal. Continued participation after notice means you accept the changes.
17.2 If you do not accept changes, you must stop participating and may terminate under clause 11.2.

18. General

18.1 Assignment - you may not assign or transfer your rights or obligations without Overtune’s prior written consent. Overtune may assign to an affiliate or in connection with a corporate transaction.
18.2 Entire agreement - these Terms and the Programme Rules are the entire agreement about the Programme and replace any prior discussions.
18.3 Severance - if any part is invalid, the rest remains in force.
18.4 No waiver - a failure to enforce is not a waiver.
18.5 Notices - send legal notices to creators@overtune.io. Overtune may send notices to the email you provided.
18.6 Third party rights - a person who is not a party has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term.
18.7 Governing law - these Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction, except that Overtune may seek injunctive relief in any competent jurisdiction.

19. Country specific terms

If you are located outside the UK, additional country specific terms may apply and will be communicated to you. In case of conflict, country specific terms prevail for your territory.

20. Contact

Questions about these Terms or the Programme - creators@overtune.io.

Annex A - Programme Rules summary

This summary is for convenience. The full Programme Rules apply.

  • Qualified Signup - install and account creation within 7 days of first click or code entry, unique non-emulated device, not previously seen by Overtune.
  • Initial proof of action - 1 intro reel or 2 stories that show Overtune and include your unique link or code and required disclosures.
  • Rewards - thresholds and items may change. Current UK shipping threshold is 5 Qualified Signups. Non-UK participants may receive Digital Tier rewards until shipping opens.
  • Disclosure - use #OvertunePartner or #ad and platform paid partnership tools.
  • Prohibited conduct - self-referrals, emulator or device farm traffic, incentivised traffic exchanges, spam, misleading claims, dangerous or illegal driving, copyright infringement.
  • Fraud checks - Overtune may use device and IP data, rate limits and manual review. Breaches may result in suspension, termination and clawback.

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