Terms and Conditions

Last Updated: April 4th, 2023

These Terms govern your access to and use of the products and services we provide through or for getKrispy.com (collectively, “Services”).

Please read these Terms carefully before accessing or using our Services.

By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.

1. Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.

We refer to Krispy Cuts, Inc  as “Krispy Cuts” throughout these Terms.

As described in this section, there are a number of different Account types.  We offer both brand accounts and creator accounts.

We refer to a an account setup for a company, agency or individual to source video ad content for their brands, clients or other as a “Brand Account” throughout these Terms.

We refer to an account setup by a video creator to film video ads for brands on Krispy Cuts as a “Creator Account” throughout these terms.

2. Your Account

When using our Services requires an account, you agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.

We may limit your access to our Services until we’re able to verify your account information, like your email address.

When you create a GetKrispy.com account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you aren’t interested, you can opt out of the marketing communications, whether it’s an email, phone call, or text message.

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your password secure).

We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If you get fired because of a blog post you write about your boss, that’s on you.

Don’t share or misuse your access credentials. And notify us immediately of any unauthorized uses of your account, store, or website, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.

If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.

3. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 16. If you register as a user or otherwise use our Services, you represent that you’re at least 16 in Europe. You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

4. Responsibility of Visitors and Users

We haven’t reviewed, and can’t review, all of the content (like text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

  • We don’t have any control over third-party websites.
  • A link to or from one of our Services does not represent or imply that we endorse any third-party website.
  • We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
  • You’re fully responsible for the Content available on your website, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
  • We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  • Any Content that’s for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
  • We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.

5. Fees, Payment, Withholding and Renewal

a. Krispy Cut Fees for Creator Accounts

Krispy Cuts does not charge creators any monthly fees or membership dues. As a creator, the amount you get paid will be stated on the campaign and application page. This amount varies from campaign to campaign. This percentage is used to maintain our platform, market your services to brands, create new related products to offer creators and brands and to pay for all payment processing fees that our payment processors charge us when billing a brand.

Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees.

Withholding Funds. We reserve the right to withhold any payments to creators if they have not followed the brand script provided, are not able to complete the video by the notified deadline, are not able to shoot the video in accordance with our filming guidelines or the quality of the video is not up to our standard quality.

b. Krispy Cut Fees for Brand Accounts

Fees for Paid Services. Some of our Services are offered for a fee, GetKrispy.com (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, recurring fees, or revenue-based fees. For recurring fees, we’ll bill or charge you in the automatically-renewing interval (such as monthly, annually, or biennially) you select, on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.

Taxes. To the extent permitted by law, or unless explicitly stated otherwise, all fees do not include applicable federal, provincial, state, local or other governmental sales, value-added, goods and services, harmonized or other taxes, fees, or charges (“Taxes”). You’re responsible for paying all applicable Taxes relating to your use of our Services, your payments, or your purchases. If we’re obligated to pay or collect Taxes on the fees you’ve paid or will pay, you’re responsible for those Taxes, and we may collect payment.

Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time (for example, if you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services), or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you.

Automatic Renewal. To ensure uninterrupted service, some account may have a renewal fee, paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to use any payment mechanism we have on record for you, like credit cards or PayPal, or invoice you (in which case payment is due within 15 days) to collect the then-applicable subscription fee as well as any Taxes. By default, your Paid Services will be renewed for the same interval as your original subscription period, so for example, if you purchase a one-year subscription to a GetKrispy plan, you’ll be charged each year for access for another 12-month period. We may charge your account up to one month before the end of the subscription period to make sure pesky billing issues don’t inadvertently disrupt your access to our Services. The date for the automatic renewal is based on the date of the original purchase and cannot be changed. If you’ve purchased access to multiple services, you may have multiple renewal dates.

Cancelling Automatic Renewal. You can manage and cancel your Paid Services through your Get Krispy account or by simply emailing hi@getkrispy.com.

If auto-renew is successfully turned off, you’ll see the date on which your subscription expires. If you have multiple Paid Services to cancel, repeat this process for each subscription.

Fees and Changes. We may change our fees at any time in accordance with these Terms and requirements under applicable law. This means that we may change our fees going forward, start charging fees for Services that were previously free, or remove or update features or functionality that were previously included in the fees. If you don’t agree with the changes, you must cancel your Paid Service.

Refunds. All creator credits are non-refundable. Once you create a campaign, our team starts a search to find the best creators for you, this search involved resources from our end and is thus nonrefundable.

6. Feedback and Reviews

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, creator reviews or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.

7. General Representation and Warranty

Our mission is to make it easier to create effective video ads for your brands. We want you to be able to create the most effective ads for your brands but these are subject to a few requirements. In particular, you represent and warrant that your use of our Services:

  • Will be in strict accordance with the Agreement;
  • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
  • Will not be for any unlawful purposes or products, to publish illegal content, or in furtherance of illegal activities;
  • Will not infringe or misappropriate the intellectual property rights of Krispy Cuts or any third party or brand;
  • Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
  • Will not disclose the personal information of others or creators without their consent;
  • Will not be used to send spam or bulk unsolicited messages;
  • Will not interfere with, disrupt, or attack any service or network;
  • Will not be used to create, distribute, or enable video ads that, facilitates, or operates in conjunction with, malware, spyware, adware, illicit or illegal products or other malicious programs or code;
  • Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
  • Will not involve renting, leasing, loaning, selling, or reselling the Services or related data to other brands/companies without our consent.

8. Specific Service Terms

b. Creator Accounts

Once you shoot a video you relinquish the ownership of the video content, likeness and future royalties. Krispy Cuts will retain ownership of the video until a brand approves the campaign. Krispy Cuts will release the funds from the project to you once a brand has approved the campaign. One a brand has approved the video, they will have the exclusive rights to the video content to use in any form they choose. Krispy Cuts will have the rights to use the video for our own promotional purposes.

When you register an account, you’re required to provide complete and accurate registration information, and you must keep this information current. In most cases, the contact information you provide as part of the registration process will be used as your administrative contact, technical contact, and billing contact for the account. You can update this at any time in your profile or by emailing us.

Shipping address. As a creator, you are responsible for maintaining your shipping address on file with us. You can update this at any stage in your account or by emailing us. If a brand ships goods to your address on file that is incorrect, it is your responsibility to pay for the good to retrieve them from the previous address unless stated otherwise by the brands.

Taxes. Creators acknowledges and agree that they are solely responsible (a) for all tax liability associated with payments received through Krispy Cuts, and that Krispy Cuts will not withhold any taxes from payments to creators; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that creators is not covered by or eligible for any insurance from Krispy Cuts; (c) for determining whether creators are required by applicable law to issue any particular invoices for the creators fees and for issuing any invoices so required; (d) for determining whether creators are required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the creators fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of the United States, for determining if Krispy Cuts is required by applicable law to withhold any amount of the creators fees and for notifying Krispy Cuts of any such requirement and indemnifying Krispy Cuts for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Krispy Cuts, creators agree to promptly cooperate with Krispy Cuts and provide copies of creator’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing creators are engaging in an independent business as represented to Krispy Cuts.

Intellectual Property: Creators warrant and represent that they have the right to use any and all intellectual property rights in their videos, including but not limited to trademarks, logos, images, and music. Creators may not use any intellectual property that they do not own or have a license to use. Krispy Cuts reserves the right to remove any content that infringes on the intellectual property rights of others.

Prohibited Activities: Creators are prohibited from using the platform for any illegal activities, including but not limited to spamming, hacking, and engaging in any activities that violate applicable laws or regulations. Creators may not use the platform to distribute malware or viruses, or to engage in any activities that interfere with the operation of the platform.

Disclaimer of Liability: Krispy Cuts provides the platform "as is" and makes no warranties or representations about the quality or accuracy of the platform or its content. To the fullest extent permitted by law, Krispy Cuts disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. Krispy Cuts is not liable for any damages resulting from the use of the platform, including but not limited to lost profits, lost data, or business interruption. Creators are responsible for their own actions on the platform.

Dispute Resolution: Any disputes arising from the use of the platform or these terms and conditions shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of Delaware, and the language of the arbitration shall be English. The parties agree to keep the arbitration proceedings confidential.

Confidentiality: Creators may be required to keep confidential any information shared by Krispy Cuts or brands they work with, including but not limited to campaign briefs, brand information, and any other confidential or proprietary information. Creators may not disclose any such information to third parties without the express written consent of Krispy Cuts or the brand.

Non-Circumvention: Creators are prohibited from circumventing Krispy Cuts by working directly with brands they meet through the platform. Creators may not solicit or work with any brands they meet through the platform outside of the platform without paying a fee. Any creator found to be in violation of this policy may have their account suspended or terminated.

Use of Videos: Creators may not use any videos they create for clients on Krispy Cuts on their own portfolios or social media accounts without the express written consent of the client. If creators wish to use any videos for their own promotional purposes, they must first obtain written consent from the client. Failure to obtain consent may result in the termination of the creator's account and legal action by the client.

b. Brand Accounts

Once you create a campaign and approve a video, you retain all ownership rights you have in the content you post to your website or other channels, and we don’t own your content. However, be responsible in what you publish. In particular, make sure that nothing prohibited (like copyrighted music, other brands likeness and branding, or serious threats of violence or false content) is used in the videos. Krispy Cuts has the rights to use your video for any of our promotional purposes. We do not need to ask for your prior consent. If there are any specific videos that you would prefer for us not to use in promotion of the app, please reach out to us and let us know.

Prohibited Uses. You may not use Ecommerce Services for any unlawful purposes; in furtherance of illegal activities; or in a manner that is unfair, deceptive, exposes us or customers to unreasonable risks, or does not disclose important terms of a transaction in advance. Among other things, this means that:

We may terminate your access to our Services or force refunds (where possible) to your subscribers and customers without notice to you if we determine (in our sole discretion) that your use violates the Agreement, or if a payment processor or regulatory authority requires it.

Fees and Negative Balances. When creating a campaign, you pay Krispy Cuts a fee per video creator. When doing so, you authorize Krispy Cuts to charge your card on file with the amount due. Please note that we have no obligation to reimburse or refund these fees to you are any stage. All refunds are decided on a case by case basis.

If we’re obligated to pay or collect Taxes on your orders, you may be responsible for paying these Taxes, and we may collect payment for them from you.

Refunds. If your account is credited with a refund, it can take up to 45 days for the refund to appear on your company’s financial statements. All refunds will be applied to the original payment source unless otherwise discussed.  If you don’t receive your refund within this time frame, please contact us.

9. Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us a notice to hi@getkrispy.com

10. Intellectual Property

The Agreement doesn’t transfer any Krispy Cuts or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Krispy Cuts and you) solely with Krispy Cuts. Krispy Cuts and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Krispy Cuts (or Krispy Cuts licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Krispy Cuts or third-party trademarks.

11. Changes

We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Krispy Cuts, or if Krispy Cuts posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also post on one of our blogs or send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing subscription, you may be eligible for a refund.

13. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username  due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Krispy Cuts policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your account nate your access to the Services, if we believe your website’s storage or bandwidth usage burdens our systems (which is rare and typically only occurs when a website is used for file sharing or storage), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.

You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.

14. Disclaimers

Our Services are provided “as is.” Krispy Cuts and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Krispy Cuts, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

15. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in San Francisco County, California.

16. Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

17. Limitation of Liability

In no event will Krispy Cuts, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Krispy Cuts under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Krispy Cuts shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

18. Indemnification

You agree to indemnify and hold harmless Krispy Cuts, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user’s website.

19. US Economic Sanctions

You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted or prohibited persons.

20. Data Processing Agreement

If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website, please email us at hi@getkrispy.com

21. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

22. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Krispy Cuts and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Krispy Cuts may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.