Public Offer Agreement

1. General Provisions

This Public Offer Agreement ("Agreement") is a legally binding contract between Trapster ("Platform", "we", "us") and any individual or legal entity ("User", "you") who registers on the Platform as a Creator or Studio.

By creating an account and checking the "I accept the Public Offer Agreement" box during registration, you accept all terms of this Agreement in full, without any reservations or exceptions. This acceptance is equivalent to signing a written contract.

The Platform reserves the right to amend this Agreement at any time. Changes take effect upon publication. Continued use of the Platform after changes constitutes acceptance of the updated terms.

2. Definitions

• Creator — a registered user who produces content (videos, streams, posts) to promote games on behalf of Studios through the Platform.
• Studio — a registered user (company or individual) that creates and funds marketing campaigns for their games.
• Campaign — a marketing initiative created by a Studio, specifying game details, budget, rates, and content guidelines.
• Content Submission — a piece of content (video, stream clip, etc.) submitted by a Creator as part of a Campaign.
• Earnings — the monetary amount accrued to a Creator based on verified performance metrics.
• Payout — the transfer of accumulated Earnings to a Creator's designated payment method.

3. Subject of the Agreement

The Platform provides an online marketplace that connects Studios with Creators for the purpose of game marketing through organic content creation. The Platform facilitates:

• Campaign creation, management, and discovery.
• Content submission, review, and approval workflows.
• Performance tracking and metric verification.
• Calculation and processing of payments between parties.

4. Creator Obligations

By registering as a Creator, you agree to:

• Produce original, authentic content that complies with Campaign guidelines provided by the Studio.
• Not engage in any form of metric manipulation, including but not limited to: purchasing views, using bots, click farms, view exchange services, or any artificial inflation of performance metrics.
• Properly disclose sponsored content in accordance with applicable advertising regulations (FTC, ASA, or equivalent local regulations).
• Not submit the same content to multiple Campaigns unless explicitly permitted.
• Maintain active and authentic social media accounts connected to the Platform.
• Provide accurate payout information (email for payment processing).
• Comply with the content policies of third-party platforms (TikTok, YouTube, Twitch, Instagram).

5. Studio Obligations

By registering as a Studio, you agree to:

• Provide accurate and complete Campaign details, including game description, content guidelines, and budget.
• Maintain sufficient balance in your Platform account to cover all active Campaign budgets.
• Review submitted content within 72 hours for Campaigns requiring approval. Failure to review within this period may result in automatic approval.
• Not use the Platform to promote illegal, harmful, deceptive, or age-inappropriate content without proper disclosure.
• Pay all applicable Platform fees as described in Section 7.

6. Payment Terms for Creators

7. Platform Fees

• The Platform charges a 20% service fee on all Campaign spend funded by Studios.
• This fee is deducted automatically from the Campaign budget before Creator earnings are calculated.
• For example: if a Studio funds a Campaign with $1,000, the effective budget available for Creator payouts is $800, with $200 retained by the Platform.
• The Platform fee is non-refundable once a Campaign has been activated and Creators have begun producing content.

8. Studio Billing & Refunds

• Studios are billed based on actual verified metrics at the Campaign's agreed-upon rate.
• Unused Campaign budget (funds not spent on verified Creator performance) may be refunded or credited to the Studio's Platform balance upon Campaign completion or cancellation.
• Refund requests must be submitted within 30 days of Campaign end date.
• No refunds are issued for amounts already paid out to Creators for verified performance.

9. Referral Program

• Creators may earn referral bonuses by inviting other Creators to the Platform using their unique referral link.
• Referral bonuses are paid when the referred Creator reaches 300,000 verified views across all their Campaign submissions.
• The referral bonus amount is determined by the Platform and may change at any time. Current bonus details are displayed in the Creator dashboard.
• Self-referrals, fake accounts, or any manipulation of the referral system will result in forfeiture of all referral bonuses and potential account termination.

10. Content & Intellectual Property

• Creators retain full ownership of all content they produce.
• By submitting content through the Platform, Creators grant the respective Studio a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute the content for promotional purposes related to the Campaign, for a period of 12 months from submission.
• Studios retain all rights to their game assets, logos, screenshots, and marketing materials provided through Campaigns.
• The Platform does not claim ownership over any content created by Users.

11. Embargo & Content Restrictions

• Some Campaigns may include a publication embargo date. Creators must not publish content before the specified embargo date.
• Violation of an embargo may result in: rejection of the submission, forfeiture of earnings for that Campaign, and potential account suspension.
• Some Campaigns may be marked as "Not Playable", meaning the game is not yet available. In such cases, Creators must work exclusively with provided assets and footage.

12. Account Suspension & Termination

• The Platform may suspend or terminate your account at any time for violation of this Agreement, fraudulent activity, or at our reasonable discretion.
• Upon suspension, all pending payouts are frozen until the matter is resolved.
• Upon termination for cause (fraud, manipulation), all pending earnings are forfeited.
• Upon termination without cause, any finalized earnings above the minimum payout threshold will be paid out within 30 days.
• You may request account deletion by contacting support@trapster.gg. Data retention is subject to our Privacy Policy.

13. Limitation of Liability

• The Platform is provided "as is" without warranties of any kind, express or implied.
• To the maximum extent permitted by law, the Platform shall not be liable for any indirect, incidental, special, or consequential damages, including loss of revenue, data, or business opportunities.
• The Platform's total liability to any User shall not exceed the amount paid to or by that User through the Platform in the 12 months preceding the claim.
• The Platform is not responsible for third-party platform outages, API changes, or metric discrepancies caused by external services (TikTok, YouTube, Twitch, Instagram).

14. Dispute Resolution

• Any disputes arising from this Agreement shall first be addressed through good-faith negotiation by contacting support@trapster.gg.
• If a dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration in accordance with the rules of the applicable jurisdiction.
• You agree to waive any right to a jury trial or participation in a class action lawsuit.

15. Governing Law

This Agreement shall be governed by and construed in accordance with applicable law. The Platform operates internationally, and Users are responsible for compliance with their local laws and regulations.

16. Contact Information

For questions regarding this Agreement, payments, or any other matters:

• Email: legal@trapster.gg
• Support: support@trapster.gg