soona's Creator Terms of Use


Last Revised: March 2, 2026‍

Creator Terms of Service

These Creator Terms of Service (these “Terms”) are a legal agreement between you (“Creator” or “you”) and (“soona”, “we”, “our”, or “us”). These Terms govern your registration and participation in the soona Creator Class and your provision of services to soona and soona’s customers (“Customers”) as a participant in the Creator Class (“Creator Services”). 

If you have entered into a separate agreement with soona for your provision of Creator Services (“Creator Services Agreement”), then the Creator Services Agreement applies. Nothing in these Terms modifies your or soona’s rights or obligations under the Creator Services Agreement.

BY REGISTERING TO PARTICIPATE IN THE CREATOR CLASS, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT REGISTER FOR THE CREATOR CLASS OR PROVIDE CREATOR SERVICES. 

THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

You represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. To register an Account with soona, you must be 18 years or over. 

  1. DESCRIPTION OF SOONA SERVICES 

soona creates for its customers (each a “Customer”) custom images, photos, videos, and other content and materials (the “Content”), and also connects its Clients with content creators to generate custom Content. soona relies on a variety of independent creative contributors that work with soona to help create and refine the Content. Creative contributors include artists, designers, developers, models, stylists, shoppers, hair and makeup artists, post-production professionals, and other valuable providers. 

  1. ACCOUNT

To become a Creator with soona, you must create a soona creator account (your “Account”) on soona’s proprietary platform available at www.soona.co (the “Platform””).You may log into your Account using a unique username and password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You are solely responsible for any activities or actions taken under your username, whether or not you have authorized such activities or actions. You agree that the information that you provide to soona about yourself upon registration of your Account, and at all other times (the “Registration Information”) will be true, accurate, current and complete, and you further agree that you will maintain and promptly update the Registration Information to ensure that it remains true, accurate, current and complete. You may not impersonate any other person or use a username or password that you are not authorized to use. soona reserves the right to require you to change your password for any reason at any time. If you become aware of any unauthorized use of your Account, you agree to notify soona immediately at legal@soona.co. soona is not liable for any loss or damage arising from your failure to comply with the above requirements. If you connect us with a third party service such as Facebook, Google, or LinkedIn, you give us permission to access and use your information from that third party service as permitted by that service, and to store your login credentials for that service.

  1. ‍CREATOR SERVICES
    1. Service Requests. soona or Customers may submit requests for Creator Services by submitting a service request on the Platform or through other means (each a “Service Request”). Each Service Request is subject to your acceptance, whether in writing, by performance, or other method identified by soona. Upon acceptance of a Service Request, you commit to providing the Creator Services in accordance with the Service Request and the Terms. We may update or change the manner in which Service Requests are submitted, accepted, or rejected from time to time in our sole discretion. Nothing in these Terms, nor your registration as a Creator, is a commitment or guarantee that soona will request, offer, or use your Creator Services. 
    2. Projects; Performance of Creator Services. Each accepted Service Request is referred to as a “Project”. You agree that any Creator Services you provide to soona will be in accordance with these Terms and the applicable Service Request. Except as otherwise provided in the applicable Service Request, you will have exclusive control over the manner and means of performing the Creator Services, including the choice of place and time, and will use you expertise and creative talents in performing the Creator Services. You will provide, at your own expense, a place of work and all equipment, tools, and other materials necessary to complete the Creator Services. You agree that if you use soona’s equipment or facilities, regardless of whether soona grants you permission to do so, you will be responsible for any injury (including death) to any person or damage to any property (including soona property) arising from such use, regardless of whether or not such injury or damage is claimed to be based upon the condition of such equipment or facilities, or is alleged to be based upon the negligence of soona in permitting such use. All Creator Services are subject to soona’s acceptance, in its reasonable discretion.
    3. Deliverables. All results of the Creator Services, including any Content that is created, refined, contributed to, or altered in connection with the Creator Services is referred to as a “Deliverable”. You will submit Deliverables via the Platform or other method identified by soona. 
    4. Content. As between you and soona, soona owns all right, title and interest in and to the Content, regardless of whether your Creator Services were used in the production, development, or creation of the Content. You have no right to, and you will not reproduce, create derivative works of, modify, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Content in any medium or format, whether now known or hereafter discovered. Notwithstanding the foregoing, soona may, in its sole discretion, make available certain Content which may be used solely by you to promote yourself and your Creator Services (“Public Content”). soona will identify all Public Content. Your use of Public Content is subject to any rules and usage restrictions communicated by soona from time to time. In no event will you modify or create derivative works of any Public Content.
    5. Products; Materials, and Samples. In connection with your performance of Creator Services, soona or Customer may make available to you certain products, samples, content, images, and other materials, that are the subject of, or intended to be included in, the Content (“Materials”).
      1. If you receive Materials in connection with a Project pursuant to which you are engaged to create user-generated content (a “UGC Project”), then you are permitted to keep such Materials unless otherwise agreed between you and soona or you and the applicable Customer. 
      2. Except with respect to UGC Projects, or as otherwise agreed by soona in writing, all Materials are the sole and exclusive property of soona or Customer. You are permitted to use the Materials solely for the completion of the Creator Services, and for no other purpose. Upon completion of the applicable Creator Service, you agree to delete all digital Materials and, if directed by soona or Customer, to return to Customer or destroy all physical Materials. 

Any return of physical Materials to Customer shall be at Customer’s cost, and Customer will be required to provide you a prepaid shipping label for such return. You agree that soona shall have no liability to you with regards to any Materials that you receive, and you hereby release soona from all liability arising out of or relating to the Materials. You are solely responsible for your use of any Material, including any injury or death to any person or animal, or damage to any property (including soona property) arising from such use, regardless of whether or not such injury or damage is claimed to be based upon the design, manufacture, or condition of such Material or is alleged to be based upon the negligence of soona in permitting such use.

  1. Fees and Payment.
    1. Fees. As compensation for your Creator Services, soona will pay you our then-current fees based on the category of Creator Services you provide or as detailed in the Service Request (the “Fees”). Fees will be deemed earned upon approval by the Customer following your final submission of the applicable Deliverables; provided that the Deliverables conform to the requirements set forth in the Service Request. We will pay you the Fees that are earned no later than 30 days following the end of the month in which the Creator Services were earned. Creator agrees to set up a direct deposit or PayPal account with soona to which soona can remit payment of the Fees. If Creator disagrees with the calculation of the Fees, Creator shall provide written notice of the same within thirty (30) days of receipt of the Fee payment. Creator waives all disputes as to calculation of the Fees if it does not timely notify soona of such dispute. Creator shall be responsible for payment of all taxes related to or arising from receipt of the Fees. 
    2. Expenses. 
      1. Except with respect to a UGC Project, if the Creator Services require you to purchase any goods, then soona will reimburse you the price of the goods, without markup, provided, that you provide appropriate receipts for the goods. 
      2. If a UGC Project requires your purchase of any goods, then reimbursement will be as between you and the applicable Customer.

In all other instances, unless otherwise agreed by us in advance in writing, you are responsible for any expenses incurred in connection with providing the Creator Services.

  1. Payment. All payments are in U.S. dollars. To the extent permitted by law, soona shall have the right to set-off against any sums due to you under this Agreement, any claims soona may have against you under this Agreement. If soona determines that Creator Services were incorrectly performed or incomplete, soona may make an equitable deduction from the Fees in its reasonable determination. If you dispute any payment made by soona, you must notify us within 30 days of your receipt of the payment, after which time your right to dispute the payment is waived.
  2. Set Off. Creator agrees that soona may withhold fee payments or offset accrued fees if Creator is in breach of these Terms or if a Customer has contested payment of any Fees to the Creator. 
  1. Agency Representation. 

By providing or offering Creator Services to soona, you represent and warrant that you are not, and while you’re a Creator will not be, represented by any person, agency, or entity in connection with such Creator Services (each an “Agency”) that prohibits you from work directly with soona or soona customer. You shall indemnify and hold soona harmless from any and all losses, costs, damages or expenses (including, without limitation, all reasonable attorney’s fees and disbursements) suffered by soona by reason of any claim of, or liability to, any Agency claiming payment, consideration, or other rights in connection with or arising from your Creator Services. If you become represented by an Agency while still a Creator, you shall immediately notify soona in writing.

  1. Representations and Warranties.
    1. You represent and warrant to soona that: (i) you have the full legal right, power, and authority to enter into and perform your obligations under these Terms, including the assignment of all right, title, and interest in and to the Deliverables and Work Product as set forth herein; (ii) you have not entered into any other agreement or arrangement with any Agency, guild, union, or other industrial organization which prevents or limits you from adhering to these Terms or performing your obligations under these Terms, and you will not become so represented during the term of your participation as a Creator without immediately notifying soona in writing, in which case your participation in the Creator Class will terminate; (iii) all Deliverables and Work Product are your sole and original creation, except for any Materials provided by soona or Customer; (iv) with the exception of Materials, the Deliverables, Work Product, and soona’s and Customer’s use thereof, will not infringe, misappropriate, or otherwise violate any right of any third party, including any intellectual property right or any right of publicity or privacy; and (v) all Deliverables and Work Product will comply with all applicable laws and regulations, including the guidelines of the United States Federal Trade Commission (“FTC”) for social media influencers, as may be applicable. Once you accept a Project, you agree to deliver the Content, Deliverables, and Work Product in accordance with the specifications set forth in the applicable Service Request and these Terms. If you create or aim to create Deliverables or Work Product for a Project that involves significant risk or unsafe situations (including to capture images of you or others engaging in extreme sports or posing in environments or actions involving risk of injury or death), you do so solely at your own risk, and you waive any claim against soona or any Customer relating to those activities.
    2. Restrictions. You agree that you will not distribute any Work Product, Deliverable, or Content that: 
      1. is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; is bigoted, hateful, or racially or otherwise offensive; is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or otherwise harms or can reasonably be expected to harm any person or entity; 
      2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
      3. infringes or violates any right of a third party including any copyright, patent, trademark, trade secret or other proprietary or contractual rights, right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity, or any confidentiality obligation; 
      4. contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Platform or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Platform; or
      5. is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing,” as those terms are commonly understood and used on the Internet.
    3. Disclaimer. SOONA EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SUBJECT MATTER HEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR FOR ANY PARTICULAR OUTCOME FOR YOU AS A RESULT OF PARTICIPATION IN THE CREATOR CLASS. SOONA MAKES NO WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. 
  2. Term and Termination

These Terms shall apply for so long as you offer or provide any Creator Services. You may terminate your Creator relationship with soona or close your Account at any time, provided, that, if you have accepted a Project, you agree to deliver all Content and Deliverables pursuant to such Project(s) prior to closing your Account. soona reserves the right to suspend or terminate your Account and your access to and/or use of the Services, at any time, without notice. soona reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that soona shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. soona may, but is not required to, maintain the Content and Deliverables delivered by you. Upon termination of this Agreement or earlier as requested by soona, you will return all Materials pursuant to Section 3(e), regardless of whether the applicable Project is complete.

  1. Intellectual Property Rights; Ownership
    1. Ownership of Work Product. You hereby assign to soona or its designee all right, title, and interest in and to all Deliverables and any other work product, inventions, developments, or materials created, developed, or delivered by you in connection with the Creator Services (collectively, “Work Product”), including any modifications or contributions to the Content. Unless otherwise approved by soona or the applicable Customer, you have no right to use, reproduce, distribute, or display any Work Product except as necessary to perform the Creator Services, unless otherwise expressly permitted in writing by soona. Notwithstanding the foregoing, you may use Work Product in your personal portfolio solely for the purpose of demonstrating your professional capabilities, provided that such use does not disclose any Confidential Information or violate any restrictions set forth in these Terms. 
    2. Assignment and Waiver of Other Rights. To the extent that any rights in the Work Product, including moral rights, cannot be assigned to soona, you hereby irrevocably waive and agree not to assert such rights, and grant to soona an exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, distribute, publicly perform, publicly display, and otherwise exploit such Work Product in any manner and for any purpose. 
    3. Further Assurances; Power of Attorney. You agree to execute all documents and take all actions reasonably requested by soona to perfect, protect, or enforce soona’s or Customer’s rights in the Work Product, including all intellectual property rights therein. You hereby irrevocably appoint soona as your attorney-in-fact to execute such documents and take such actions on your behalf if you fail to do so after reasonable notice, which appointment is coupled with an interest. 
    4. Confidential Information. Except as expressly permitted herein, you agree to hold in strict confidence and not to use or disclose to any third party any Confidential Information of soona or any Customer. “Confidential Information” includes, without limitation, all information, Materials, Content, Deliverables, Work Product, images, Client Information, and any other data or items disclosed or made available to you in connection with the Creator Services, including the terms of any Service Requests, whether disclosed orally, visually, electronically, or in writing. Confidential Information does not include information that is or becomes publicly available through no breach of these Terms by you.
    5. Publicity Release. You understand and agree that, as a result of your Creator Services, Content may include your voice, name, picture, portrait, image, video or photograph actions, likeness, biographical information, or appearance (collectively, your “Likeness”), as well as any statements you make or have made in connection with the subject of the Content (your “Statements”). You hereby grant to soona a royalty-free, worldwide, perpetual, irrevocable, sublicensable right and license to use, publish, reproduce, transmit, license, exhibit, perform, broadcast, display, edit, disseminate and distribute your Likeness and Statements in connection with the Content, and you waive the right to inspect or approve any use of your Likeness or Statements.
  2. Indemnification

You shall indemnify, defend, and hold soona and its affiliates, and each of their officers, directors, employees, agents, partners, and licensors, harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys’ fees, resulting from or arising out of your: (a) violation of these Terms or any law or regulation; (b) violation of any rights of another party; or (c) your provision of, or failure to provide, Creator Services. soona will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. If you fail to defend any such claims, soona reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify soona and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without soona’s prior written consent.

  1. Limitation of Liability

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL SOONA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF SOONA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE RELATIONSHIPS AND TRANSACTIONS CONTEMPLATED BY THESE TERMS, INCLUDING YOUR PROVISION OF CREATOR SERVICES, ACCESS TO THE PLATFORM, OR OTHERWISE. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS, AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM THESE POSSIBLE HARMS. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH YOUR CREATOR ENGAGEMENT WITH SOONA IS TO TERMINATE YOUR PARTICIPATION IN THE CREATOR CLASS. 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS AND IN PARTICULAR WITHIN THIS “LIMITATION OF LIABILITY” CLAUSE SHALL ATTEMPT TO EXCLUDE LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

  1. Nonsolicitation of Customers
    1. During the Term of these Terms and for a period of twelve (12) months thereafter, you agree that you will not, directly or indirectly, solicit or attempt to solicit, for the purpose of providing services similar to the Creator Services, any customer or prospective customer of soona: (i) to whom you provided Creator Services or with whom you had contact pursuant to any agreement with soona; (ii) about whom you were provided Client Information or any other trade secret or Confidential Information by soona; or (iii) about whom you have information not available publicly which was received through your relationship with soona.
    2. For purposes of this Section, “Client Information” means names, contact information, products and Creator Services offered by a client, order history, order preferences, chain of command, pricing information, and other information identifying facts and circumstances specific to the client.
    3. Notwithstanding the foregoing, a general advertisement or solicitation that is not specifically directed to soona’s customers or prospective customers shall not be construed as a solicitation or inducement in violation of this Section, and the engagement or retention of any soona customer who freely responds to such general advertisement or solicitation shall not be deemed a breach of this Section.
  2. General
    1. Modification. soona may modify these Terms at any time. Modifications become effective immediately upon your first access to the Platform or acceptance of a Service Request after the “Last Revised” date at the top of these Terms. Your continued provision of Creator Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms. If you do not agree with the modifications, you must terminate your provision of Creator Services and participation in the Creator Class. 
    2. Applicable Law and Dispute Resolution. Please read this section carefully, as it affects your rights. These Terms shall be governed by the laws of the State of Colorado without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that soona has not adhered to these Terms, please contact us by e-mail at legal@soona.co. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and soona are unable to reach a resolution to the dispute, you and soona will settle the dispute exclusively under the rules of the American Arbitration Association (www.adr.org) at its Denver, Colorado office. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. YOU AND SOONA AGREE THAT ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN SOONA AND YOU INDIVIDUALLY. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SOONA ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and soona otherwise agree in writing, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your Creator relationship with soona or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred. Notwithstanding the foregoing, soona may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction. If you are subject to any state or federal law requiring that the laws of a different jurisdiction apply or that prohibit dispute resolution in the manner required in this Paragraph, then this Paragraph shall be deemed revised to conform with such laws.You have a limited right to opt out of this arbitration obligation. If you are a new Creator, you can opt out of this arbitration obligation within 30 days of first accepting these Terms. If you are an existing Creator, you can opt out within 30 days after the Last Revised date of these Terms. To opt out, you must send a timely email to legal@soona.co with your information and a request to opt out of these arbitration terms. If you validly opt out, you will not need to keep opting out when these Terms are updated, and your initial opt out request will continue to be honored.
    3. Dispute with Customers. If you have a dispute with a Customer, we encourage you to contact the other party to try to resolve the dispute amicably. We will try to help where we can, but you acknowledge that soona has no obligation to resolve, or to assist in resolving, any disputes. As well, you release soona from any claims, demands, and damages arising out of disputes with Customers or any third parties.
    4. Independent Contractors. Your relationship with soona is that of an independent contractor, and nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship. You will not be entitled to any of the benefits which soona may make available to its employees, including, but not limited to, group health or life insurance, profit-sharing or retirement benefits. You are not authorized to make any representation, contract or commitment on behalf of soona unless specifically requested or authorized in writing to do so by a soona officer. You are solely responsible for, and will file, on a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of Creator Services and receipt of fees under this Agreement. You are solely responsible for, and must maintain adequate records of, expenses incurred in the course of performing Creator Services under this Agreement. No part of your compensation will be subject to withholding by soona for the payment of any social security, federal, state or any other employee payroll taxes. soona will regularly report amounts paid to you by filing Form 1099-MISC with the Internal Revenue Service as required by law.
    5. Waiver. The failure of soona to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by soona in writing.
    6. Construction. The headings of Paragraphs of these Terms are for convenience and are not to be used in interpretation.
    7. No Subcontracting or Assignment. This Agreement and your rights and obligations under this Agreement are personal to you and may not be assigned, delegated, subcontracted, or otherwise transferred, in whole or in part, by operation of law or otherwise, without soona’s express prior written consent, which may be given or withheld in soona’s sole discretion. Any attempted assignment, delegation, subcontracting, or transfer in violation of the foregoing will be null and void. soona may assign this Agreement, or any of its rights under this Agreement to any third party with or without your consent.
    8. Contact. soona may contact you and provide notices to you using the contact information we have on file. Any questions, comments or suggestions, including any report of violation of these Terms should be provided to soona as follows:

By E-mail: legal@soona.co
By Postal Mail: 1235 S. Broadway, Denver, CO 80210
Attn: Legal

  1. Entire Agreement. These Terms, together with the Website Terms of Service, constitute the entire agreement between you and soona with respect to the Services and your provision of Creator Services, and supersedes any prior agreements between you and soona. The failure of soona to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and soona nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

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