Creator Terms and Conditions of Service

1.1

90 Seconds (“we”, “our”, “us”, as the case may be) is a global cloud video creation platform (the “Platform”).

1.2

“Digital Assets”
The Platform facilitates companies and/or individuals (“Customer”) in purchasing, planning, shooting, editing, and reviewing video anywhere in the world, online and mobile (collectively “Services”) by enabling them to engage and collaborate with video creative professionals (“Creators”) to produce digital assets including but not limited to video or photographic content captured at our film shoots, all graphics, animation, illustrations, concept art, including source files, storyboarding, draft and final outputs including video, static graphics or animations, any creative concepts and scripts, and Working Files when instructed via a Video Project Brief, Platform task or workflow, or direct instruction in the Platform (“Digital Assets”) in accordance with the specifications provided by the Customer (“Video Project Brief”).

“Working Files”
Means the editable files used to create the Digital Assets - including but not limited to non-linear editing project files and libraries (.prproj, .drp, .fcpbundle), motion graphics/VFX projects (.aep, .c4d), audio session files (.sesx, .ptx), and layered design files (.psd, .ai) - together with project metadata, proxies, cache, LUTs, presets, templates, scripts, and render settings necessary to reopen, edit, and re-export the deliverables.

1.3

Subject to your compliance with these Terms, we grant you a limited, non-exclusive and non-transferable access to and use of the Platform through our mobile application(s) (the “App”) and/or our website for Creators that is available at 90seconds.com (the “Website.”) or at any URL which we may designate as our website from time to time, to use our Services.

1.4

The Platform operates as a technology-enabled marketplace intermediary. 90 Seconds is not a production company and does not directly employ Creators. The Platform connects and supports a global community of Creators and Customers for video creation, photography, and related creative services. 90 Seconds facilitates the engagement between Customers and Creators but does not itself provide the creative services delivered by Creators.

2.1

To use the Services, you need to establish an account by signing up through our App or our Website (the “Account”).

2.2

Once you create an Account you will be able to customize your profile (“Profile.”).

2.3

You agree to provide accurate, current and complete information about yourself.

2.4

You are responsible for keeping your password secret and secure. You must enable multi-factor authentication (MFA) where available on the Platform. You must immediately notify us within twenty-four (24) hours of becoming aware of any unauthorized use of your password, Account, or any other breach of security. We reserve the right to suspend your Account pending investigation of any reported or suspected security breach.

2.5

Registration data and other information about you and these Terms, including but not limited to how your personal data is processed by us, are governed by our Data Protection Policy.

2.6

In accordance what is stated in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, “GDPR”), you may request, and we will comply under certain circumstances, for us to erase all information held about you and to delete your Account. For more information on how we handle your rights under the GDPR, please refer to our Data Protection Policy. This Clause is only applicable to you if you fall within the protection of the GDPR.

3.1

“Job” refers to one or more tasks that need to be completed on the Video Project Brief.

3.2

“Video Project Brief” includes the parameters, specifications, and terms and conditions of the project where Digital Assets are delivered.

3.3

“Work Contract” may sometimes be referred to as “Contract Details” is sent to you through the Platform to perform Job and it contains information such as Start Date, End Date, Due Date, Contract Price, and Job, and the link to Video Project Brief.

3.4

By clicking the “Accept” button on the Work Contract, you agree to the Job and the Video Project Brief.

3.5

Clicking “Accept” Button on the Work Contract will constitute a valid and binding agreement, and such terms and conditions will be incorporated into these Terms for all purposes. Any non-compliance by you with the terms of such Work Contract, Video Project Brief, or Job will be deemed a violation of these Terms. If you believe that you will not be able to adhere to specifications in the Work Contract, Video Project Brief or Job, please do not accept the Work Contract.

3.6

If you accept a Work Contract and subsequently cancel or fail to attend the scheduled engagement (“No-Show”), you must provide at least forty-eight (48) hours’ written notice prior to the scheduled start date. Failure to provide adequate notice or No-Show constitutes a breach of these Terms and may result in: (a) withholding of payment on any outstanding or future Work Contracts (cross-job set-off); (b) suspension or deactivation of your Account; and (c) recovery of direct costs incurred by 90 Seconds or the Customer as a result of the cancellation, up to the applicable liability cap.

4.1

You may communicate with 90 Seconds and Customer through the Platform.

4.2

The 90 Seconds Platform manages the project to ensure that a successful Digital Asset is created for the assigned Video Project Brief

4.3

All communication between you and the Customer must go through the Platform as online message(s) posted on the Platform through the Activity Feed. The Platform is the required communication channel for all project-related matters. Off-Platform communication with Customers regarding project work is prohibited unless expressly authorised by 90 Seconds in writing.

4.4

You also agree that any phone conversations between you and the Customer will be recorded in detail on the Platform in writing. A Comment on the Brief must always be the first option used to communicate with the Customer.

4.5

If, within one year of completing a Job with a Customer, that same Customer requests you to work on a project directly without the involvement of us and/or the Platform, you hereby agree to direct them to the Platform and continue communicating with them via the Platform. You may ask that Customer to make you their ‘preferred’ Creator on our Platform.

4.6

For the avoidance of doubt, any Customer is a customer of ours and is not a customer of yours and there shall not be any privity of contract between any Customer and yourself.

5.1

You are an independent contractor and not an employee, worker, agent, joint venturer, partner, or franchisee of 90 Seconds for any purpose. Nothing in these Terms creates an employment, agency, or partnership relationship. You acknowledge and agree that:

(a) you control your own schedule and methods of work;
(b) Project timelines, locations, and duration are determined by the requirements of each Work Contract as agreed between the Customer and 90 Seconds, and you accept or decline each Work Contract at your sole discretion;
(c) once accepted, you are expected to fulfil the project requirements specified in the Work Contract;
(d) the Company does not set your general working hours, require minimum availability, impose algorithmic task allocation, or restrict you from providing services to other platforms or clients (subject to the non-solicitation obligations in these Terms);
(e) you provide your own equipment and tools unless otherwise specified in a Work Contract;
(f) you bear your own tax obligations; and
(g) you are not entitled to any employee benefits from 90 Seconds.

5.2

Both parties mutually acknowledge that no employment relationship exists or is intended to exist. You are solely responsible for all taxes, national insurance, social security contributions, and any other statutory obligations arising from payments received under these Terms. 90 Seconds will not withhold taxes or make employer contributions on your behalf. The Jurisdiction Schedule (Appendix A) sets out mandatory overrides applicable in specific jurisdictions.

5.3

You have no power or authority to bind 90 Seconds to any obligation, agreement, debt, or liability. You must not hold yourself out as an employee, agent, or representative of 90 Seconds or any Customer.

6.1

You represent that you are the author and the owner of the Digital Assets that you create pursuant to the Video Project Brief and Job. Where any Digital Asset incorporates AI-generated or AI-assisted content, you warrant that sufficient human authorship has been applied to the relevant elements to qualify for copyright protection under applicable law, and that you have complied with all AI use requirements under these Terms and the relevant Work Contract.

6.2

You warrant that the Digital Assets and all the intellectual property comprising in the Digital Assets do not infringe the intellectual property rights or any other rights of a third party.

6.3

You agree to assign all the rights to the Digital Assets that you create pursuant to the Video Project Brief and Job to us and agree that we will be the sole beneficial owner of the entire right, title and interest in and to all and any intellectual property rights conceived, originated, or made by you in the course of the Job. You undertake to waive all rights to any of these intellectual property rights inclusive of all moral rights and like rights that may be recognized in any part of the world to the fullest extent permissible under law. You further agree not to challenge our ownership, rights, title or interest in the Digital Assets and its right to register the copyright and any other intellectual property rights, and use or license the Digital Assets at its sole discretion.

For clarity, this assignment includes any Working Files delivered or required to be delivered under a Video Project Brief, Platform task or workflow, or direct instruction, subject to third-party license restrictions. Third-party assets that are non-transferable are excluded, provided you list them in the manifest and provide links or instructions for client-licensed acquisition.

6.4

You agree to execute any and all relevant instrument(s) as may be necessary to effectuate such a transfer so that we may register such intellectual property rights with any relevant authority, where applicable.

6.5

You acknowledge that you do not hold any intellectual property interest in the Digital Assets, including any changes, derivations, or substantially similar artwork or designs related to the Digital Assets.

6.6

You acknowledge that you will not publish, share, distribute or post online any content you provide to us pursuant to the Video Project Brief and Job. If you wish to use Digital Assets for a limited promotional purpose, you may do so only by obtaining our prior written consent by contacting 90 Seconds directly through the Platform, or contacting the Creator team through Chat Support.

7.1

You agree to deliver Digital Assets within the stated time on the Video Project Brief or the Work Contract.

7.2 Delivery of Digital Assets

Delivery of Digital Assets must be made by uploading through the 90 Seconds Platform. Where instructed via a Video Project Brief, Platform task or workflow, or direct instruction, this includes Working Files. Third-party transfers may be used only for time-sensitive situations – however, all assets must still be delivered through the Platform to fulfill the terms of the contract.

7.3 Completion of Delivery and Manifest

Delivery is complete only when the final deliverables and any instructed Working Files are uploaded and accessible. Files must be organized with a root project folder and a manifest listing software versions, plugins, fonts, LUTs, presets, and any third-party assets. For AI-Assisted Work Contracts, delivery must include an AI disclosure statement confirming which elements of the Digital Assets used AI tools, which specific tools were used, and confirmation that all AI tool licences are current and permit commercial use.

7.4 Remedy for Non-Delivery of Instructed Working Files

If instructed Working Files are not delivered by the due date, 90 Seconds may withhold payment in whole or in part until delivery and may recover reasonable costs incurred to reconstruct the project.

7.5 Retention of Files

The Creator will retain a backup of Digital Assets and any instructed Working Files for 60 days after final delivery unless otherwise directed in writing.

8.1 Immediate Termination (Tier 1)

90 Seconds may terminate any Work Contract and/or these Terms immediately without notice for any of the following reasons (each constituting “Tier 1 Cause”):

• You engage in fraud, dishonesty, or material misrepresentation;
• You engage in any physical or psychological abuse, or threaten, assault, or harass another person (whether sexually, racially, or otherwise) during the performance of a Work Contract or at any time in connection with the Platform;
• You engage in criminal activity or conduct that in 90 Seconds’ reasonable opinion could damage its reputation, relationships, or business interests;
• You breach the confidentiality obligations in Clause 14 or the intellectual property provisions in Clause 6;
• You use AI tools in breach of Clause [AI Use] or the relevant Work Contract engagement type.

Upon Tier 1 termination, no further payment shall be due to you, and 90 Seconds may pursue all available remedies including recovery of costs incurred.

8.2 Termination with Cure Period (Tier 2)

90 Seconds may terminate any Work Contract and/or these Terms if you commit a non-critical breach (“Tier 2 Cause”), including but not limited to:

• Failure to meet the conditions, quality standards, or deadlines in a Work Contract or Video Project Brief;
• Repeated delays in delivery or communication;
• Failure to adhere to the Code of Professional Conduct (Clause 10);
• Any other non-critical breach of these Terms.

Before terminating for Tier 2 Cause, 90 Seconds shall provide you with five (5) business days’ written notice specifying the breach and an opportunity to cure. If the breach is not cured within the notice period, 90 Seconds may terminate immediately. Payment for work completed prior to termination shall be determined by 90 Seconds acting reasonably, taking into account the extent and quality of work delivered.

8.3 Termination for Convenience

Either party may terminate any Work Contract or these Terms for convenience by providing seven (7) days’ written notice to the other party. Upon termination for convenience, you shall be paid for all work satisfactorily completed prior to the effective date of termination.

8.4 Customer-Initiated Termination

If a Customer terminates a Video Project Brief resulting in termination of your Work Contract, 90 Seconds shall notify you as soon as reasonably practicable. If the cancellation occurs within twenty-four (24) hours before the scheduled start of the Job, you will be paid in full. If the cancellation occurs earlier, payment shall be determined by 90 Seconds acting reasonably based on the work completed, the quality of work, and the timeliness of delivery.

8.5 Account Suspension

90 Seconds may suspend your access to the Platform and any active Work Contracts pending investigation of any suspected breach of these Terms, security incident, or compliance concern. 90 Seconds will notify you of the suspension as soon as practicable and will endeavour to resolve the investigation promptly. Suspension does not constitute termination, and your rights and obligations under these Terms remain in effect during the suspension period.

8.6 Obligations on Termination

Upon termination of any Work Contract or these Terms for any reason, you shall promptly:
(a) deliver to 90 Seconds all Digital Assets, Working Files, and any other materials created in connection with the Work Contract;
(b) return or destroy all Confidential Information, property, keys, access cards, and documents belonging to or concerning 90 Seconds or any Customer;
(c) permanently delete all copies of Digital Assets, Working Files, Confidential Information, and client data from your devices, storage media, and cloud services, and certify such deletion in writing upon request.

8.7 Survival

The following provisions shall survive termination or expiry of these Terms: Clause 6 (Intellectual Property), Clause 9 (Representations and Warranties), Clause 14 (Confidentiality), Clause 16 (Indemnity), Clause 18 (Limitation of Liability), Clause 22 (Non-Disparagement), and any other provision which by its nature is intended to survive.

10.1

We are committed to fostering an environment that is respectful and free from harassment and discrimination against any stakeholder, including creators, brands, employees, and Customers. We do not tolerate harassment of or discrimination against any of our employee(s), Customers, or third-party service provider(s). Your conduct impacts our reputation and is a reflection of our brand.

10.2

Accordingly, you agree to follow and ensure that all of your personnel (i.e., those who work for you either as employees or subcontractors) will follow a professional level of conduct, including but not limited to:

• completing each Work Contract and its requirements with integrity and the highest standards of professional conduct;
• treating and communicating with our Customers, their employees, and our employees, with respect, courtesy, and professionalism;
• refraining from performing any Project and/or communicating with our Customer(s) and employees while under the influence of mind-altering substances including but not limited to drugs or alcohol;
• refraining from requesting or accepting anything of value from our Customers, or third-party service providers;
• refraining from directly or indirectly soliciting any of our Customers for the purpose of securing additional work to the detriment of our business relationship with our Customers;
• refraining from discussing the terms of the project for which you have been hired, including terms of compensation, with anyone other than us;
• maintaining a clean and professional personal appearance when working on a project; and
• when working on a Customer’s premises, complying with the Customer’s workplace policies, including security, safety, and conduct requirements.

10.3

If you are not able to comply with our Code of Professional Conduct, please notify us and Client immediately. You agree that your violation of this Code of Professional Conduct is a material breach of these Terms, which entitles us to terminate these Terms immediately without further reference to you.

11.1

Subject to your compliance with the Terms and the Video Project Brief, and upon delivery and approval of the Digital Assets, you shall be compensated in the currency stipulated in the relevant Work Contract and upon the payment terms set out in the relevant Work Contract (“Payment”). Unless stated otherwise in the Work Contract, 90 Seconds will use commercially reasonable efforts to issue Payment within thirty (30) to sixty (60) days of delivery and approval. Payment timing may vary based on project complexity, client payment cycles, and compliance requirements. For the avoidance of doubt, “commercially reasonable efforts” means genuine and sustained efforts to process Payment within the stated timeframe, taking into account circumstances beyond 90 Seconds’ reasonable control, including delays in client payment.

11.2

To facilitate Payment, you will be required to provide us with sufficient information to allow us to transfer funds to you. In certain limited situations, we may offer payment via bank transfer and/or other methods of remittance at our sole discretion.

11.3

You agree to provide accurate information for facilitating Payment and if we are unable to facilitate the Payment because of inaccurate information provided by you, we will inform you through reasonable means and you will have 15 days to furnish accurate information to us for facilitating Payment.

11.4

You agree to promptly return the monies to us, if the amount remitted to you is more than Payment due. You also agree to contact us on the Platform to inform us about the same.

11.5

You agree that you, the Creator, is responsible for all fees, such as equipment rentals, photographer fees, model fees, location fees, government fees, intellectual property clearances and consent etc. that may be incurred in connection with the Video Project Brief unless mentioned otherwise.

11.6

You further agree that you will report to all applicable government agencies as income all payments received by you pursuant to these Terms. This means you will be solely responsible for payment of all withholding taxes, social security, workers’ compensation, unemployment and disability insurance or similar items required by any government agency for any payments received by you. You are not entitled to any benefits paid or made available by us to our employees, including, without limitation, any vacation or illness payments, or to participate in any plans, arrangements or distributions made by us pertaining to any bonus, stock option, profit sharing, insurance or similar benefits. You agree to defend, indemnify and hold harmless us and subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from your breach of the foregoing obligations.

11.7

You shall be responsible for all your own personal insurance and any insurance necessary for the performance of your services, including your equipment and personnel. You warrant that you maintain adequate insurance coverage for your activities. 90 Seconds reserves the right to request proof of insurance for specific projects, particularly those involving on-location work, high-value equipment, or hazardous activities.

11.8

If applicable, GST/VAT is automatically added to your payment provided that GST/VAT registration number has been added to your account. By not including a GST/VAT number in your Account, you forfeit all GST/VAT payments until your Account includes your GST/VAT number. We do not take any responsibility for any tax obligations other than GST/VAT.

11.9

If a dispute arises regarding any Work Contract, 90 Seconds may withhold Payment on the disputed Work Contract upon providing five (5) business days’ written notice specifying the grounds for the dispute. All undisputed amounts shall continue to be paid on schedule. The parties shall use reasonable efforts to resolve the dispute promptly.

11.10

Where you owe any amount to 90 Seconds (including but not limited to costs arising from a No-Show under Clause 3.6 or damages resulting from breach of these Terms), 90 Seconds may set off such amounts against any Payment due to you under any Work Contract, upon providing written notice specifying the amount and basis of the set-off.

11.11

Payment shall be made in the currency specified in the Work Contract. Where regulatory restrictions or banking limitations prevent payment in the specified currency, 90 Seconds may make Payment in an alternative currency at the prevailing exchange rate on the date of payment, provided that you are notified in advance.

13.1

You agree that our Platform, Website, App, graphics, trademarks, and editorial content, contain proprietary content, information and material, are owned by us and/or our licensors, including our customers, brands and agencies, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Platform, Website, App, etc. or in any manner that is inconsistent with the terms of these Terms.

13.2

You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Platform, Website, App, etc. in any manner, and you shall not exploit our Platform, Website, App, etc. in any unauthorized way whatsoever, including but not limited to, using our Platform, Website, App, etc. to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use our Platform, Website, App, etc. in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Platform, Website, App, etc. You further agree not to scrape, data mine, harvest, or use any automated means to extract data from the Platform, or to use any content, data, or materials from the Platform (including Digital Assets, client content, Creator profiles, pricing information, or project data) to train, develop, fine-tune, or improve any artificial intelligence or machine learning model or algorithm.

13.3 Artificial Intelligence Use and Licensing

• 13.3.1 General
  The use of artificial intelligence tools in the creation of Digital Assets is governed by these Terms and the relevant Work Contract. Each Work Contract will specify the engagement type, which determines the permitted scope of AI use: (a) “Authentic” — no AI-generated content permitted, standard post-production tools (including AI-powered denoising, colour correction, stabilisation, and similar technical processing) are allowed; (b) “AI-Assisted” — AI tools may be used for designated elements as specified in the Work Contract, subject to the requirements of this Clause; (c) “Agentic” — AI-driven workflows as specified in the Work Contract.
  
• 13.3.2 Mandatory Disclosure
  Where any AI tools are used in the creation of Digital Assets (beyond standard post-production tools under an Authentic engagement), you must:
  (a) disclose all AI tools used, including the specific platform, version, and the elements of the Digital Assets to which they were applied;
  (b) ensure that all AI-generated content includes machine-readable provenance metadata where required by applicable AI transparency regulations (including the EU AI Act); and
  (c) confirm that all AI tools used are properly commercially licensed for the intended use.
• 13.3.3 Approved Platforms
  For AI-Assisted and Agentic Work Contracts, you must use only the AI platforms and tools explicitly designated in the Work Contract. Use of unapproved AI tools is a breach of these Terms. You are responsible for maintaining current, commercially valid licences for all AI tools used.
• 13.3.4 Client Data and Confidential Information
  You must not upload, input, or otherwise provide any Customer data, Confidential Information, or project materials to any AI tool or platform that is not expressly approved in the relevant Work Contract. This prohibition applies regardless of whether the AI tool’s terms of service claim not to retain uploaded data.
• 13.3.5 Quality Assurance
  All Digital Assets incorporating AI-generated content are subject to 90 Seconds’ quality assurance review before delivery to the Customer. 90 Seconds reserves the right to reject any AI-generated content that does not meet the quality standards, specifications, or requirements of the Work Contract or Video Project Brief.
• 13.3.6 Audit Rights
  90 Seconds reserves the right to audit your compliance with this Clause 13A at any time, including by requesting evidence of AI tool licences, usage logs, and provenance information for AI-generated content.
  

14.1 Definition of Confidential Information

“Confidential Information” means all information relating to the business, operations, technology, customers, pricing, and commercial affairs of 90 Seconds, any Customer, or any related entity that is not publicly available, including but not limited to: rates and pricing information, customer identities and contact details, project details and specifications, Video Project Briefs, platform features and capabilities, business strategies, financial information, trade secrets, and any other information that a reasonable person would understand to be confidential.

14.2 Obligations

You agree and undertake to:

• not use the Confidential Information for any purpose other than the performance of your obligations under these Terms and any Work Contract;
• not disclose Confidential Information to any third party without the prior written consent of 90 Seconds;
• not use any Confidential Information, Digital Assets, Working Files, or client content to train, fine-tune, develop, or improve any artificial intelligence or machine learning model or algorithm;
• take all reasonable steps to prevent unauthorised access to, reproduction of, or distribution of the Confidential Information;
• ensure that any personnel, subcontractors (where approved), or agents who have access to Confidential Information are bound by obligations of confidentiality no less restrictive than those in this Clause 14;
• immediately notify 90 Seconds of any suspected or actual breach of confidentiality or unauthorised access to Confidential Information; and
• upon termination of any Work Contract or these Terms, or upon written request, promptly return or destroy all Confidential Information in your possession and certify such destruction in writing.

14.3 Exceptions

The obligations in this Clause 14 do not apply to information that:
(a) is or becomes publicly available through no fault of yours;
(b) was known to you prior to disclosure without obligation of confidentiality;
(c) is independently developed by you without reference to the Confidential Information; or
(d) is required to be disclosed by law, regulation, or court order, provided that you give 90 Seconds reasonable prior written notice to the extent permitted by law.

14.4 Competitive/Conflicting Jobs

You agree, during the term of any Work Contract, not to enter into a contract or accept an obligation that is inconsistent or incompatible with your obligations under the Work Contract, including by providing services to a competitor of the Customer for a directly competing campaign or project.

14.5 Remedies

You acknowledge that a breach of this Clause 14 may cause irreparable harm to 90 Seconds and/or its Customers for which monetary damages may be inadequate. In the event of a breach or threatened breach, 90 Seconds shall be entitled to seek injunctive or other equitable relief in addition to any other remedies available at law, including but not limited to withholding Payment and termination of these Terms under Clause 8.1.

14.6 Survival

This Clause 14 shall survive the termination or expiration of these Terms for a period of three (3) years.

14.7 Data Protection

• 14.7.1
  To the extent that you process any personal data in connection with the Services or a Work Contract, you shall comply with all applicable data protection and privacy laws, including but not limited to the General Data Protection Regulation (EU) 2016/679, the Personal Data Protection Act 2012 (Singapore), the California Consumer Privacy Act, and any other applicable data protection legislation.
• 14.7.2 Cross-Border Transfer
  You shall not transfer personal data received in connection with a Work Contract to any jurisdiction outside the country where the data was collected without the prior written approval of 90 Seconds, unless such transfer is subject to adequate safeguards as required by applicable data protection law.
• 14.7.3 Breach Notification
  In the event of any personal data breach (as defined by applicable data protection law) involving data processed in connection with the Services, you shall notify 90 Seconds without undue delay and in any event within seventy-two (72) hours of becoming aware of the breach, providing all information reasonably required for 90 Seconds to assess and respond to the breach.
• 14.7.4 Deletion and Return
  Upon completion or termination of a Work Contract, you shall promptly delete or return all personal data processed in connection with that Work Contract, unless retention is required by applicable law. You shall certify such deletion in writing upon request.

14.8 Sub-Contracting

• 14.8.1
  You shall not sub-contract, delegate, or assign the performance of any Work Contract or any part thereof to any third party without the prior written approval of 90 Seconds.
• 14.8.2
  Where 90 Seconds grants approval for sub-contracting, you remain fully liable for the performance of the sub-contractor as if the work were performed by you directly. Any approved sub-contractor shall be bound by obligations no less restrictive than those in these Terms, including confidentiality, intellectual property, data protection, and code of conduct requirements.
• 14.8.3
  You shall ensure that 90 Seconds is informed of the identity of any approved sub-contractor and shall provide copies of the sub-contracting agreement upon request.

14.9 Non-Solicitation

• 14.9.1
  During the term of these Terms and for a period of twelve (12) months following termination or expiry, you shall not directly or indirectly solicit, approach, or accept work from any Customer who was introduced to you through the Platform, for the same type of services as those provided through the Platform, without the prior written consent of 90 Seconds.
• 14.9.2
  If a Customer approaches you directly to engage your services outside the Platform, you shall direct them to the Platform and notify 90 Seconds promptly. For the avoidance of doubt, any Customer is a customer of 90 Seconds and there is no privity of contract between any Customer and you.
• 14.9.3
  This Clause 14.9.3 does not prevent you from working with any client or customer who was not introduced to you through the Platform, or from providing services that are materially different in nature from those provided through the Platform.

15.1

By establishing an Account with us, you agree to communicate with us via our Platform and receive communications from us via email, phone, text message and/or push notifications. We will not send you any promotional emails. However, if you happen to receive promotional email, contact us immediately at support@90seconds.com.

15.2

You may not be able to unsubscribe from receiving essential Service-related and Account-related informational (transactional) emails from us. If you do wish to unsubscribe from such emails, please send your request to support@90seconds.com with subject line: “Unsubscribe from 90 Seconds Transactional Emails.” Please note that unsubscribing from such emails will impact your use and enjoyment of our Platform, Services, Website and App and will impact your communication with us and/or our Customers.

15.3 Push Notifications.

You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Services as you will not receive update(s) on Video Project Brief, Jobs, Work Contract(s) or any other related Services that may result in breach of your obligations under these Terms.

16.1 Creator Indemnity

You shall indemnify, defend and hold us and our officers, employees, managers, directors, customers and agents (the “90 Seconds Indemnified Parties”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against the 90 Seconds Indemnified Parties arising from any of the following:

• a breach of these Terms or underlying Video Project Brief;
• infringement of intellectual property rights of any third party, including any claim arising from AI-generated or AI-assisted content where the AI output incorporates, reproduces, or is substantially derived from third-party copyrighted material;
• direct or indirect claim that arises out of the negligence, gross negligence or willful misconduct of you or your employees, agents or contractors;
• incorrect information provided by you in your Account or elsewhere;
• a failure by you to comply with applicable laws and regulations; or
• your use of AI tools in breach of these Terms or the relevant Work Contract, including use of unapproved tools, failure to disclose AI usage, or use of unlicensed AI platforms.

16.2 90 Seconds Indemnity

90 Seconds shall indemnify, defend, and hold harmless you from and against any and all costs, liabilities, losses, and expenses (including but not limited to reasonable legal fees) resulting from any third-party claim arising from:
(a) 90 Seconds’ breach of these Terms; or
(b) infringement of intellectual property rights of any third party by 90 Seconds’ Platform, technology, or pre-existing materials (excluding Digital Assets created by you).

16.3 Procedure

The indemnifying party’s obligations are conditional on the indemnified party: (a) giving prompt written notice of the claim; (b) granting the indemnifying party sole control of the defence and settlement (provided that no settlement may be entered into without the indemnified party’s consent, not to be unreasonably withheld); and (c) providing reasonable cooperation at the indemnifying party’s expense.

16.4 Limitation

All indemnity obligations under this Clause 16 are subject to the liability cap in Clause 18.

17.1

Your use of the Platform and/or the services is at your sole risk. The Platform and/or the services are provided on an “as is” and “as available” basis. We expressly disclaim, to the fullest extent permissible by law, all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We make no warranty that:

• Platform and/or the Services will meet your requirements;
• access to Platform and/or the Services will be uninterrupted, timely, secure, or error-free; and/or
• the quality of Services, Platform, information, or other material obtained by you through the Platform and/or the Services will meet your expectations.

18.1

To the maximum extent permitted by law, neither party shall be liable for any indirect, incidental, special, consequential, or exemplary damages, or damages for loss of profits, loss of data, or other intangible losses. Each party’s total aggregate liability for all claims related to the Services or these Terms shall not exceed the greater of one hundred dollars (US$100.00) or the total amounts paid or payable to the Creator under all Work Contracts in the twelve (12) months prior to the event giving rise to the claim. This cap does not apply to liability arising from wilful misconduct, fraud, death or personal injury caused by negligence, infringement of intellectual property rights under Clause 16, or breach of confidentiality under Clause 14.

19.1

If you believe that any Campaign or Campaign Content violate your copyright, and wish to have the allegedly infringing material removed, the following information listed in Clause 19.2 in the form of a written notification must be provided to our designated Copyright Agent. It is our policy to terminate the accounts of repeat infringers.

19.2

The information to be provided are:

• Your physical or electronic signature;
• Identification of the copyrighted work(s) that you claim to have been infringed;
• Identification of the material on our services that you claim is infringing and that you request us to remove;
• Sufficient information to permit us to locate such material;
• Your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

19.3

You may send such copyright infringement notices to our designated agent:
90 Seconds Copyright Agent at copyright@90seconds.com.

19.4

You acknowledge that for us to be authorized to take down any content, your copyright infringement notice must comply with all the requirements of this Clause 19.

19.5

Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects you to liability for any damages, costs and legal fees incurred by us in connection with the written notification and allegation of copyright infringement.

19.6 AI Content and IP Contamination

Where Digital Assets incorporate AI-generated or AI-assisted content, 90 Seconds reserves the right to reject or require re-delivery of any content where:
(a) the provenance of the AI-generated elements cannot be verified;
(b) there is a reasonable basis to suspect that the AI output incorporates, reproduces, or is substantially derived from third-party copyrighted material; or
(c) the AI tool used does not provide adequate intellectual property protections or commercial licences.
You shall cooperate with any investigation by 90 Seconds into the provenance of AI-generated content and shall provide all information reasonably requested.

20.1

You agree to comply with all applicable anti-bribery and anti-corruption laws, including but not limited to the U.S. Foreign Corrupt Practices Act, the UK Bribery Act 2010 (including Section 7 — failure to prevent bribery), and all equivalent local laws in the jurisdictions where you operate. You shall not directly or indirectly offer, promise, give, or authorise the giving of any bribe, kickback, or other improper payment or benefit to any person (including public officials, private sector contacts, or any other party) in connection with the Services or these Terms.

20.2 Sanctions Compliance

You represent and warrant that:
(a) you are not listed on any applicable sanctions list maintained by the United States (OFAC), the European Union, the United Kingdom, or the Monetary Authority of Singapore (MAS
(b) you are not owned or controlled by any sanctioned person or entity;
(c) you will not directly or indirectly export, re-export, transfer, or make available the Services or any Digital Assets to any destination, person, or entity in violation of applicable sanctions or export control laws; and
(d) you will promptly notify 90 Seconds of any change in your sanctions status.

20.3 Anti-Money Laundering

All payments received under these Terms shall be used solely for lawful purposes. You shall not use the Platform or Services for the purpose of money laundering or terrorist financing.

20.4 Screening and Verification

90 Seconds reserves the right to conduct periodic know-your-customer (KYC), anti-money laundering (AML), and sanctions screening during the term of these Terms. You shall cooperate with any such screening and provide all information reasonably requested. 90 Seconds may suspend payments pending completion of any compliance verification.

21.1

90 Seconds may amend these Terms from time to time. For non-material changes, 90 Seconds will provide at least fourteen (14) days’ notice via email and/or notification on the Platform before the changes take effect. For material changes, 90 Seconds will provide at least thirty (30) days’ notice.

21.2

If you do not agree with a material change, you may terminate these Terms by providing written notice within thirty (30) days of receiving notice of the change. If you do not terminate within this period, your continued use of the Platform or Services after the effective date of the change shall constitute acceptance of the amended Terms.

21.3

The current version of these Terms will always be posted on the Platform. 90 Seconds will also maintain a change log summarising material amendments.

22.1

Neither party shall, at any time during the term of these Terms and for a period of twelve (12) months thereafter, make any statement, whether written or oral, that disparages the other party or any of its officers, directors, or employees, or that could reasonably be expected to adversely affect the other party’s reputation.

22.2

For purposes of these Terms, “disparage” shall mean any negative statement, whether written or oral, about the other party or any of its officers, directors, or employees. This obligation does not restrict: (a) truthful statements made in the course of legal proceedings or regulatory filings; (b) truthful statements made in response to a valid subpoena or court order; or (c) genuine public reviews of the Platform or Services, provided that such reviews are not made with malicious intent to harm the other party’s business.

23.1

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by a Force Majeure Event. “Force Majeure Event” means any event beyond the reasonable control of the affected party, including but not limited to: natural disasters (including earthquakes, floods, hurricanes, and volcanic eruptions), war, terrorism, civil unrest, pandemics, epidemics, government lockdowns or travel restrictions, cyber attacks, platform outages not caused by the affected party, supply chain disruptions, sanctions or trade embargoes, strikes or labour disputes (not involving the affected party’s employees), and acts of government or regulatory authorities.

23.2

The party affected by a Force Majeure Event shall provide written notice to the other party within forty-eight (48) hours of becoming aware of the event, including: (a) a description of the Force Majeure Event; (b) the expected duration and impact on performance; and (c) the steps being taken to mitigate the effects.

23.3

Performance of the affected obligations shall be suspended for the duration of the Force Majeure Event, up to a maximum of sixty (60) days. If the Force Majeure Event continues beyond sixty (60) days, either party may terminate the affected Work Contract(s) without liability. For the avoidance of doubt, a Force Majeure Event does not excuse the obligation to pay any amounts that were due prior to the occurrence of the event.

25.1

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you agree to:

• first attempt to resolve any Dispute through good faith mediation for a period of thirty (30) days from the date written notice of the Dispute is given by one party to the other; and
• if the Dispute is not resolved through mediation, submit the Dispute to binding arbitration in accordance with Clause 25.3 below, except that either party may bring claims in small claims court (or equivalent local court) for Disputes where the amount in controversy does not exceed ten thousand US dollars (US$10,000.00).

25.2

Instead, you agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

25.3

Subject to Clause 25.1, any dispute arising out or in connection with the Agreement, including any question regarding its existence or validity, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The Tribunal shall consist of one (1) arbitrator to be appointed by the Chairman of SIAC. The language of the arbitration shall be English.

25.4

You agree that any Dispute arising out of or related to these Terms or the Website, Content or Products is personal to you and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

25.5

You agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally.

25.6

Notice to us shall be sent by email to 90 Seconds, Inc., at support@90seconds.com.

25.7

Your notice must include:

• your name, postal address, telephone number, the email address you use or used for your Account and, if different, an email address at which you can be contacted
• a description in reasonable detail of the nature or basis of the Dispute, and
• the specific relief that you are seeking.

25.8

Our notice to you will be sent electronically in accordance with these Terms and will include

• our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute;
• a description in reasonable detail of the nature or basis of the Dispute, and
• the specific relief that we are seeking.

25.9

If we cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or us may, as appropriate and in accordance with this Clause 25, commence an arbitration proceeding.

26.1

If you access the Services through a mobile device owned or otherwise controlled by you (“Mobile Device”), your wireless service carrier’s standard charges, data rates, and other fees may apply. Some or all of the Services’ functionality may not work with all carriers or mobile devices. By accessing the Services on a mobile device, you agree that we may communicate with you by push notifications, text message, or other electronic means to your Mobile Device and that certain information about your usage of the Services through the mobile device may be communicated to us. This paragraph applies to any version of our App that you acquire from the Apple App Store or Google Play Store. these Terms are entered into between you and us. Apple, Inc. (“Apple”) or Google Play (“Google”) is not a party to these Terms and shall have no obligations with respect to our App. We, not Apple or Google are solely responsible for our App and the content thereof as set forth hereunder. However, Apple and Apple’s, and Google and Google’s subsidiaries are third party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

26.2

These Terms incorporates by reference Apple’s Licensed Application End User License Agreement and Google Play Developer Distribution Agreement (collectively, “EULA”), for purposes of which, you are “the end-user.” In the event of a conflict in the Terms, the Terms of the EULA will take precedent.

26.3

If you access our Platform and/or our Services through our Website, you need to make sure that your Internet connection is adequate for accessing our Website for Creators, our Platform, and our Services. You are solely responsible for your Internet connection including and not limited to the applicable charges, rates, tariffs and other fees that might apply. We grant you a limited, revocable, non-exclusive, non-transferable license to access our Website and our Platform and use the Services or the information solely for their intended purpose strictly in accordance with this Terms and not to modify all or any portion of the Website, Platform, and/or Services.

26.4

You acknowledge and agree that the App, the Website, the Platform and the Services are provided under license, and not sold, to you. Except to the extent necessary to access and use the Platform and the Services, nothing in these Terms grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to the Platform and the Services whether expressly, by implication, estoppel or otherwise. we and our licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Platform and the Services, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

26.5

These Terms together with the Privacy Policy any applicable Work Contract, and the Jurisdiction Schedule (Appendix A), constitute the entire agreement between you and 90 Seconds and supersede any prior agreements between you and 90 Seconds with respect to the subject matter herein. In the event of any conflict between these Terms and a Work Contract, these Terms shall prevail except to the extent that the Work Contract expressly and specifically provides otherwise (such as engagement type, project-specific terms, or compensation).

26.6

Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

26.7

If any provision of these Terms is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

26.8

A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of its terms

26.9

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches.

26.10

All the sections intended to survive the termination of these Terms shall survive. The clause headings in these Terms are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to us shall be given by email at support@90seconds.com. Any notices to you shall be provided to you through our Website or App, or given to you via the email address or physical address you provide to us during the registration process.

26.11 Electronic Signatures and Acceptance

You agree that your acceptance of these Terms by clicking “Accept”, “I Agree”, or any similar button or checkbox on the Platform, or by accessing or using the Platform or Services after being presented with these Terms, constitutes a valid and binding electronic signature and agreement to be bound by these Terms, equivalent in legal effect to a handwritten signature. This Clause applies equally to the acceptance of any Work Contract, Video Project Brief, or amendment to these Terms.