Terms of Use for Creators

Hi 👋
I'm Waveful, the creator-friendly social network where everyone can become a creator 🌊

Before diving in a more formal explanation of our Terms of Use for Creators, let me briefly tell you my mission 🚀
My goal is to be a social network where everyone can share their passions and feel welcomed in a comfortable and positive environment; where creators can thrive and where users can enjoy original content, find new meaningful connections and have fun. I hope I'm doing well in this, but you be the judge!

To allow the accomplishment of this mission I set some rules for everyone to follow, so I can provide a safe place for everyone.
I hope you understand that these rules are here not for giving you any inconvenience but for allowing an enjoyable experience to every user.
Therefore, content that can lead to a negative or harmful environment cannot be posted on Waveful.

Now I'll leave you to a more formal explanation of my Terms of Use for Creators, and thanks for being here!

And if you need any help on understanding any part of this document, send us a message at support@waveful.app, will be happy to help you ✨

Recitals and Definitions

• These terms and conditions ("Agreement") govern the relationship between the Creator and Waveful S.r.l., with registered office in Italy, 20121 Milan (MI), Via Daniele Manin 3, VAT Identification Number IT12343330960, e-mail for communications termsofuse@waveful.app ("Provider") relating to the monetization mechanisms through the Platform created and provided by the same Provider. Although not expressly regulated here, the terms and conditions applicable to all Users ("General Terms and Conditions") will apply. In the event of a conflict between the provisions contained in the General Terms and Conditions and those referred to in this Agreement, the latter will prevail.
• In addition to the definitions contained in the General Terms and Conditions, the terms used with a capital letter ("Definitions") shall have the meaning set forth below:

• Creator: refers to a particular category of User who may receive compensation based on the criteria established in the following art. 3.1.
• Period: means a calendar month (e.g. September 2022).
• Wallet: indicates the specific section of the Application in which the Creator will receive compensation based on the criteria established in the following art. 3.1.

Art. 1 - Recitals and Definitions

1.1. The Recitals and Definitions form an integral and essential part of this Agreement.

1.2. The Definitions indicated in this Agreement shall have the same meaning (except for the number) if used in the plural and vice versa.

Art. 2 - How to become a Creator

2.1. To become a Creator the User must:

• achieve predetermined objectives (see our FAQ page for more info);
• accept this Agreement;
• be of legal age according to their national law (18 years in Italy);
• have a bank account to cash out from the Wallet. With reference to the bank account, it is understood that: (i) it is strictly forbidden to connect another person's bank account; (ii) in the event of subsequent suspension or cancellation of the bank account, the Provider will not be able to transfer the requested amount; (iii) the Creator will be solely and exclusively responsible for any consequences arising from inaccurate, incomplete, untruthful information relating to the bank account.

2.2. The Provider has the right to periodically verify and check the accuracy of the requirements referred to in the previous art. 2.1 and, in the case of proven irregularities and/or inaccuracies, has the right to withdraw from this Agreement without notice, with the exclusion of any and all rights of the Creator to refunds, indemnities and/or damages, direct and indirect, material and non-material, potential, current, future, punitive (by way of example and not limited to: damages for loss of profits, goodwill).

Art. 3 - Economic conditions

3.1. The Creator has the right to receive compensation on his/her Wallet in the following cases:

• Superlikes received on the published Contents, based on the current exchange ratio (see our FAQ page for more info on how the value of a Superlike is computed);
• engagement rate generated by the Contents uploaded and/or published by the Creator. With reference to the above, it is specified that the advertising revenues collected by the Provider will be shared as follows: 50% (fifty percent) for the Provider and 50% (fifty percent) for the community of Creators and distributed on the basis of the engagement rate accrued by each Creator in the Period. The engagement rate is calculated taking into consideration the following parameters relating to the posts of the individual Creator: views, likes received, comments received, shares, viewing time.

Any modification of the aforementioned criteria will take effect at the beginning of the following Period (e.g. in the event that the criteria are changed on 15th September, they will be effective from 1st October).

It is understood that the Creator shall receive the aforementioned amounts in exchange for the license granted by the latter to the Provider (see art. 5.5 of the General Terms and Conditions).

3.2. The Provider will credit the amounts due within 15 (fifteen) days of the expiry of each Period.

3.3. The Creator can use the credit available on the Wallet to:

• request a cash out, using the specific function on the Platform.

3.4. In the event that the Creator wishes to request a cash out, the following provisions will apply:

• the cash out will be made by bank transfer, to the coordinates that have been communicated by the Creator, within 15 (fifteen) days of the request;
• the minimum amount for which the Creator can request a cash out is Euro 5.00 (five/00);
• the Creator acknowledges and accepts that any liability of the Provider is excluded for the actions or omissions made by the Creator's bank;
• in the event that the bank account of the Creator does not have a balance in Euro, the actual amount could be converted in the local currency according to the current exchange rate of the Creator's bank, which will charge the relative exchange fee.
• the Provider does not charge any cash out fees. However, the Creator’s bank may charge transaction fees to process the cash out request, in accordance with the agreements between the Creator’s bank and the Creator. For more information, the Provider invites the Creator to refer to contracts signed with his/her bank.

3.5. It is expressly understood that the Provider will apply any tax withholdings applicable to the amounts accrued by the Creator in compliance with current tax legislation.

Art. 4 - Applicable law and exclusive jurisdiction

4.1. This Agreement is governed by Italian law, with the exclusion of any reference to the legislation on international private law;

4.2. For any dispute relating to the validity, existence, interpretation, application, execution and/or termination of one or more clauses of this Agreement, or in any case deriving from it in any way, the Court of Rome will have exclusive territorial jurisdiction, with the express exclusion of any alternative and/or competing forum.

Published on December 23, 2022.