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Terms of Service

Last updated: March 2026

This English translation is provided for convenience only. In the event of any discrepancy, the French version shall prevail.

1. About the platform

OpenCreators is a platform connecting content creators (hereinafter “Streamers”) and brands (hereinafter “Brands”) for gifting partnerships.

The platform is operated by [ENTITY NAME — to be completed], with its registered office at [ADDRESS — to be completed], registered under French SIRET number [SIRET — to be completed] (hereinafter “OpenCreators” or “we”).

Director of publication (Directeur de la publication): [NAME — to be completed].

Host: [NAME, ADDRESS, PHONE — to be completed upon deployment].

Contact: contact@opencreators.io

2. Acceptance of terms

By accessing and using the platform, you fully accept these Terms of Service. Anyone who does not wish to be bound by these terms must refrain from using the platform.

OpenCreators reserves the right to modify these Terms at any time. In the event of a substantial change, users will be notified by email at least 15 days before the new terms take effect. Users who do not wish to accept the new terms may delete their account before they take effect. Continued use of the platform after the changes take effect constitutes acceptance.

3. Account creation

Registration is open to:

  • Streamers: content creators active on Twitch, YouTube, TikTok, or Kick;
  • Brands: companies wishing to promote their products through gifting partnerships.

Brand registration is subject to manual approval by the OpenCreators team, which reserves the right to refuse a registration without obligation to provide reasons.

Use of the platform is restricted to individuals aged 16 or older. By creating an account, the user declares being at least 16 years old. Users aged 16 to 18 declare having obtained authorization from their legal guardian to use the platform.

Users agree to provide accurate information and keep it up to date. Each account is strictly personal and may not be transferred or shared.

4. How gifting works

The gifting workflow is as follows:

  1. The Brand sends a gift proposal to a Streamer (product, description, estimated value).
  2. The Streamer freely accepts or declines the proposal, with no obligation to achieve any particular outcome.
  3. Upon acceptance, the Streamer provides their delivery address to the Brand through the platform.
  4. The Brand ships the package and enters tracking information.
  5. Once the package is received, the Streamer may — freely and without obligation — submit proof of product promotion.

OpenCreators is not a party to any contract between the Brand and the Streamer. Gifting is a free and voluntary act; OpenCreators does not guarantee any publication by the Streamer. However, any publication made in connection with a benefit in kind must comply with applicable transparency rules (see articles 5 and 6).

Brands and Streamers acknowledge that certain commercial influence collaborations may require a written contract with mandatory disclosures (including the value of the benefit in kind) in accordance with applicable regulations. It is their responsibility to formalize such agreement when required.

Users are solely responsible for any tax obligations related to products received or sent through the platform.

5. Streamer obligations

  • Provide accurate profile information (handle, platform, follower count).
  • Maintain a valid delivery address when accepting a gift.
  • Not submit fraudulent or misleading proof of promotion.
  • When publishing a promotion, clearly disclose the commercial nature of the content in accordance with applicable regulations (e.g., “partnership”, “gifted”, etc.).

6. Brand obligations

  • Honestly describe proposed products (title, description, estimated value).
  • Actually ship packages after the Streamer accepts.
  • Not send products that are counterfeit, dangerous, illegal, or non-compliant with applicable safety standards.
  • Not use Streamers' personal data (particularly delivery addresses) for purposes other than shipping the relevant gift.
  • Provide the Streamer with information necessary for fair and compliant communication (product characteristics, precautions, any restrictions).
  • Delete the Streamer's delivery address from their systems no later than 30 days after delivery confirmation, unless otherwise required by law.
  • Not harass, pressure, or threaten a Streamer to obtain a publication.
  • Comply with applicable legislation regarding commercial partnerships and undisclosed advertising.

7. Free service

The use of the OpenCreators platform is entirely free for both Streamers and Brands. No commission, registration fee, or subscription is charged.

OpenCreators reserves the right to introduce paid features in the future. In such case, users will be notified in advance and access to existing free features will be maintained.

8. Content and intellectual property

Users retain full ownership of content they publish on the platform (profile pictures, proof of promotion, descriptions).

By publishing content, the user grants OpenCreators a non-exclusive, royalty-free, and worldwide license for the duration of the account and up to six months after its closure (to allow deletion of caches and backups), to host, display, and reproduce such content strictly for the operation of the platform. This license includes the right to sublicense to strictly necessary technical service providers (host, CDN, storage).

The “OpenCreators” brand, logo, and all graphic and technical elements of the platform are the exclusive property of OpenCreators and may not be reproduced without prior authorization.

9. Third-party services and APIs

OpenCreators uses third-party APIs to enhance the user experience:

  • YouTube API (Google): used to verify subscriber counts and display Streamer channel information. Use of this API is subject to the YouTube Terms of Service and Google Privacy Policy.
  • Twitch API: used to verify follower counts and display Streamer channel information.

By connecting your YouTube or Twitch account, you accept the terms of service of these third-party services. You may revoke this access at any time from your settings or directly from your Google or Twitch account security settings.

10. Prohibited behavior

The following is strictly prohibited:

  • Creating fake profiles or impersonating others;
  • Using the platform for illegal purposes or purposes contrary to public order;
  • Attempting to circumvent security systems or access unauthorized data;
  • Bypassing the platform by directly contacting a Streamer or Brand to avoid exchange tracking;
  • Automating actions on the platform (scraping, bots) without written authorization;
  • Publishing hateful, defamatory, pornographic, or violent content.

11. Suspension and termination

In the event of a violation of these Terms, OpenCreators may suspend or delete the account after a reasoned notification sent to the user by email, except in cases of emergency (fraud, security breach) where suspension may be immediate. No compensation is due in case of suspension or deletion.

Users may delete their account at any time from their profile settings or by contacting contact@opencreators.io. Account deletion results in the deletion of your personal data, subject to residual retention periods described in our Privacy Policy.

12. Liability

OpenCreators is an intermediary platform. It is not liable for:

  • the content and quality of products sent by Brands;
  • delivery delays or incidents;
  • the absence of publication by a Streamer;
  • the accuracy of information provided by users.

To the extent permitted by law, OpenCreators' liability is limited to direct and foreseeable damages resulting from a proven fault on its part. These limitations do not apply in cases of bodily harm, intentional fault, or gross negligence.

OpenCreators shall not be held liable in cases of force majeure as defined by Article 1218 of the French Civil Code (natural disaster, infrastructure failure, government decision, etc.).

13. Service availability

The platform is provided “as is.” OpenCreators strives to ensure its availability but does not guarantee uninterrupted operation. Temporary interruptions may occur for maintenance, updates, or technical reasons, without giving rise to compensation.

14. Applicable law and jurisdiction

These Terms are governed by French law. Any dispute relating to their interpretation or performance shall be submitted to the competent courts of [CITY — to be completed]. Consumers residing in France may also bring proceedings before the courts of their place of residence, in accordance with applicable rules of jurisdiction.

Pursuant to Articles L. 612-1 et seq. of the French Consumer Code, in the event of an unresolved dispute, the consumer may have recourse to a consumer mediator free of charge. As of the date of these Terms, OpenCreators has not yet joined a consumer mediation scheme. This information will be updated once a mediator has been appointed.

15. General provisions

If any clause of these Terms is declared null or unenforceable by a competent court, the remaining clauses shall remain in full force and effect.

These Terms constitute the entire agreement between the user and OpenCreators regarding the use of the platform, and supersede any prior agreement.

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