Terms and conditions

The definitions set forth herein shall apply equally regardless of whether the singular or plural form of the noun in question is used.

I.- BRAND: An individual or legal entity registered as such within “THE SITES” offering products or money in exchange for “CREATORS” advertising the services or products the brand sells to the general public.

II.- CREATOR: An individual registered as such within “THE SITES” who applies for the “COLLABS” offered by the “BRANDS” in order to perform the services they require.

III.- BRIEF: The notice published on “THE SITES” containing the requirements and specifications that the “BRANDS” require the “CREATORS” to meet in order to obtain the consideration offered, whether monetary or in kind.

IV.- COLLAB: Also known as a collaboration, campaign, post or ad within “THE SITES”; refers to the listings published by the “BRANDS” through “COLLABIFY” to find “CREATORS” who will promote their products or services.

V.- APPLICATION: The expression of will by the “CREATOR” requesting to be considered by “COLLABIFY” and by the “BRAND” to perform the “COLLAB”.

VI.- CONTRACT: The document containing terms that, for legal reasons, cannot be agreed upon through these “T&C” and that the “CREATOR” must accept whenever the specific case so requires.

VII.- MATERIAL: Also known as deliverables or the product; refers to the videos, photos, posts and other content that the “CREATORS” produce to obtain the consideration.

I.- To open an account as a “CREATOR” the user must be at least 18 years old and provide the information required in the registration forms made available for that purpose.

II.- Upon completing registration and submitting the form, the “CREATOR” affirms under oath that the information provided is truthful and belongs to them, and assumes the obligation to update such information whenever necessary.

III.- Likewise, completion of registration is deemed ratification of consent to these “T&C” by the “CREATOR”.

IV.- To apply for any “COLLAB”, the “CREATOR” must have a registered account within “COLLABIFY”.

V.- “COLLABIFY” reserves the right of admission of “CREATORS”.

I.- The “BRANDS” will publish the “COLLABS” they require, providing in the “BRIEFS” all relevant information so that “CREATORS” can decide whether or not to apply.

II.- The “CREATORS” acknowledge and agree that applying for a “COLLAB” does not guarantee selection.

III.- “COLLABIFY”, together with the “BRANDS”, reserve the right to approve the “CREATORS” they consider suitable for the “COLLAB” in question, without any need to justify their decision.

IV.- “COLLABIFY” will notify the “CREATORS” who have been selected for the “COLLAB”.

V.- The “CREATOR” acknowledges that the contractual relationship must be formalised through the “CONTRACT”, which will be sent together with the notification of approval of the application to the “COLLAB”.

VI.- The “CREATOR” acknowledges and accepts the obligation to read the “CONTRACT” and express their agreement by ticking the checkbox.

VII.- Without signing the “CONTRACT”, the selected “CREATORS” may not perform the “COLLAB”.

VIII.- Once the “MATERIAL” has been delivered, it will be reviewed by “COLLABIFY” and the “BRAND”, who must approve that it meets the requirements; once approved, “COLLABIFY” will deliver to the “CREATORS” the consideration agreed for the “COLLAB”.

The “CREATOR” acknowledges and agrees to:

I.- Not seek, contact, negotiate or enter into any kind of agreement directly with the “BRANDS”, their employees, officers, attorneys-in-fact or any related person, with the purpose of carrying out the “COLLABS” published on “THE SITES” without the authorisation or intervention of “COLLABIFY”, both during the term of the “COLLAB” and for 12 (twelve) months afterwards.

II.- Not perform any acts that may affect the operation, security or integrity of “THE SITES”.

III.- Not use “THE SITES” for purposes other than those expressly authorised by “COLLABIFY”.

IV.- Maintain a kind, professional and ethical behaviour, in line with the agreements and the law, in all interactions with “COLLABIFY” or the “BRANDS”, and their employees, officers and authorised personnel.

V.- Refrain from using “THE SITES” for any unlawful purpose or from inciting third parties to commit any unlawful act.

VI.- Not provide false information.

Any breach of the foregoing obligations may result in the suspension or cancellation of the “CREATOR”’s account.

I.- “COLLABIFY” is a trademark registered with the Mexican Institute of Industrial Property and is therefore protected by the Federal Law for the Protection of Industrial Property.

II.- All intellectual property rights over “THE SITES”, their content, the trademark, the software, any logo, distinctive sign and/or materials belong to “COLLABIFY”.

Prior to consenting to these “T&C”, “COLLABIFY” strongly recommends that the “CREATORS” carefully read articles 30, 31, 33, 87 and 97 of the Mexican Federal Copyright Law. Accordingly, by continuing to browse “THE SITES” and applying to “COLLABS”, the “CREATORS” are deemed to have read and understood those articles, and agree that:

I.- Freely and on their own behalf, they grant the licence of exclusive use or the transfer of economic rights, as the case may be, to the “BRANDS” for which they were selected through their applications to the “COLLABS”. The “CREATORS” acknowledge and agree that, in order to know the type of transfer involved, they are obligated to read the “CONTRACT” after being selected and to express their approval via the checkbox in order to perform the “COLLAB”. Unless otherwise agreed in the “CONTRACTS”, the transfer of economic rights granted by the “CREATORS” to the “BRANDS” over the “MATERIAL” will cover distribution, transmission, retransmission, copying and reproduction within the “BRANDS”’ social networks, including but not limited to Instagram, Facebook, YouTube and TikTok. Likewise, the “CREATORS” acknowledge that all “COLLABS” available on “THE SITES” are for-consideration and time-bound, and that detailed information will be contained in the “BRIEFS” and the “CONTRACTS”; therefore, it is the “CREATORS”’ obligation to read the “CONTRACTS” to know the obligations they are undertaking. They also state that, by accepting the checkbox, they grant their express and unequivocal consent to the offered conditions of price, time and type of rights transfer, among other stipulations contained in the “CONTRACTS”.

II.- By freely applying to the “COLLABS” and ticking the “CONTRACT” checkbox, the “CREATORS” express their consent to the consideration offered by the “BRANDS”, thereby fulfilling the obligation set forth in article 31 of the Federal Copyright Law.

III.- In accordance with article 33 of the Federal Copyright Law, the “CREATORS” grant the “BRANDS” the transfer of the economic rights over the works produced for the “COLLABS” for which they applied and were accepted, for a period of 5 (five) years, unless otherwise expressly stipulated in the “CONTRACTS”.

IV.- The “CREATORS” represent that they are the directors, authors of the storyline, adaptation, script or dialogue, musical compositions, photography, cartoons or animations, as well as the producers of the “MATERIALS” they create and deliver to the “BRANDS” to fulfil the “COLLAB”. Accordingly, they undertake to hold “COLLABIFY” and the “BRANDS” harmless from any claim that may arise when “CREATORS” use any work for which they do not own the rights, and to indemnify any damages this may cause.

V.- Acceptance of these “T&C” constitutes the “CREATORS”’ express consent for “COLLABIFY” or the “BRANDS” to use their image for the purposes set forth in the “CONTRACT” or the “BRIEFS”. Where not specifically stipulated in the “CONTRACTS” or the “BRIEFS”, the use of the “CREATORS”’ image will be understood to apply to Instagram, TikTok, YouTube, Facebook, or any other social network the “BRANDS” decide to use; likewise, when not otherwise stipulated, this consent shall be deemed granted for a period of 1 year. The “CREATORS” may revoke the consent for the use of their image at any time, but shall be liable for any damages caused to “COLLABIFY” or the “BRANDS” as a result of such revocation.

VI.- The submission of the “MATERIAL” by which the “CREATORS” seek to receive the consideration offered by the “BRANDS” shall be deemed ratification of the express consent for the use of the “CREATORS”’ image.

I.- The “CREATORS” undertake to treat as confidential any information they have access to in connection with the “COLLABS”, including but not limited to materials, fees, costs, products, services, customers, strategies, financial data of the “BRANDS” or “COLLABIFY”.

II.- The “CREATORS” acknowledge and undertake not to disclose, reproduce or use such information on terms other than those agreed in the “T&C”, the “BRIEF” or the “CONTRACT”.

III.- This obligation will remain in force while the “CREATOR” keeps an open account and for two years after its termination.

“COLLABIFY” does not guarantee:

I.- The acceptance of any user as a “CREATOR”.

II.- The continuous or uninterrupted availability of “COLLABS” for all “CREATORS”.

III.- The selection of any “CREATOR” for the applications they submit within “THE SITES”.

I.- “COLLABIFY” will be the data controller for personal data collected through the “CREATOR” registration form, or through the information provided via communication channels such as WhatsApp, Instagram or Facebook messages, or phone calls.

II.- “COLLABIFY” states that the personal data collected will be: name, age, social networks, email address, profile picture and price per “COLLAB”.

III.- “COLLABIFY” only collects gender as sensitive personal data of the “CREATORS”.

IV.- The data will be used solely to create the “CREATORS”’ account and to perform searches within the “CREATORS” database.

V.- “COLLABIFY” will be responsible for processing the data obtained from the “CREATORS”, who may exercise their rights of access, rectification, cancellation and opposition (ARCO Rights) by sending an email to admin@collabify.mx with the requirements set forth in article 28 of the Federal Law on Protection of Personal Data Held by Private Parties.

VI.- The email must be accompanied by documentation justifying the request; “COLLABIFY” will respond in writing within 20 business days to the data subject or to the person who made the request.

VII.- Where applicable, “COLLABIFY” will execute the requested ARCO Right within 15 business days.

I.- “COLLABIFY” reserves the right to make any amendments it deems necessary to these “T&C”.

II.- When changes affect matters of interest to the “CREATORS”, “COLLABIFY” undertakes to notify them so that they can be accepted by the “CREATORS” if they agree.

III.- If the “CREATORS” do not agree with the new “T&C” and consequently do not accept them via the checkbox, they will not be able to continue applying for “COLLABS”.

I.- These “T&C” will remain in force as long as the “CREATOR” keeps the account open or until they are amended.

II.- “COLLABIFY” reserves the right to suspend or cancel the “CREATORS”’ account when they breach any of the prohibitions set forth in these “T&C”.

III.- The “CREATORS” may request the cancellation of their account at any time by sending an email to admin@collabify.mx.

I.- The official communication channel of “COLLABIFY” is the email address admin@collabify.mx.

II.- Notifications of acceptance of applications, warnings for breaches, cancellations, “CONTRACTS” and, in general, any information relevant to the “CREATORS”, will be sent to the email address provided to open the account or via the registered mobile phone number.

I.- These “T&C”, the “BRIEFS” and the “CONTRACTS” do not create any kind of partnership, mandate, franchise or employment relationship between “COLLABIFY” and the “CREATORS”, nor between the “CREATORS” and the “BRANDS”.

II.- The “CREATORS” may contract with as many individuals or legal entities as they deem appropriate, since there is no exclusivity between them and “COLLABIFY” or the “BRANDS”.

I.- The “CREATORS” declare that they have fully read and understood the provisions of these “T&C” and unequivocally and expressly accept their content by continuing to browse “THE SITES”, by creating an account with “COLLABIFY” and/or by ticking the checkbox where applicable.

II.- If any provision of these “T&C” is declared null or unenforceable by a competent authority, it will be enforceable to the extent permitted by applicable law, and the remainder of the “T&C” will retain its validity and applicability.

I.- In the event of disputes between the “CREATORS” and “COLLABIFY”, alternative dispute resolution mechanisms will be used before resorting to the ordinary courts.

II.- These “T&C” are governed by the laws of the State of Jalisco and, where not stipulated therein, by the applicable federal laws of the United Mexican States.

III.- For any judicial dispute, the courts of the Guadalajara Metropolitan Area shall have jurisdiction, and the “CREATORS” waive any other jurisdiction that may apply.