1. Who these terms are for
1.1 These Terms are an agreement between you, a content creator ("Creator", "you"), and goSparkor, operated by VerifyLocal LLC, a Delaware limited liability company ("goSparkor", "we", "us").
1.2 They apply when a restaurant, cafe or other venue using goSparkor ("Venue") contacts you through goSparkor after finding you on the TikTok or Instagram creator marketplace, and you reply, agree work, upload content, enter an ad code or accept a collaboration through goSparkor. They also apply when you, or a Venue with your agreement, enter in goSparkor the link and ad code for a post you already published.
1.3 You must be at least 18 and able to enter a contract. If you act for a company, you confirm you can bind it.
1.4 Your use of TikTok and Instagram, including their creator marketplaces, remains governed by their own terms.
2. What goSparkor does, and does not do
2.1 goSparkor provides tools that let Venues find local creators, message you, receive your videos, and boost your posts with your ad code or through a collaboration with goSparkor's regional account. goSparkor is not your employer, agent or manager, and is not a party to your agreement with a Venue.
2.2 Venues pay you directly. You and the Venue agree your price and payment terms and settle payment directly or through the platform marketplace's own tools. goSparkor does not collect, hold or pay out your compensation, takes no part of it, and is not responsible if a Venue does not pay.
2.3 You are an independent contractor, responsible for your own taxes, equipment and expenses.
3. Your goSparkor account
3.1 When you first reply to a Venue through goSparkor, or enter an ad code for a post you already published, we create a light account so you can message Venues, upload deliveries and enter ad codes. Keep your sign-in secure.
3.2 We use the public profile information the TikTok or Instagram marketplace makes available to us and the information you give us, as described in our Privacy Policy.
4. Agreeing and doing the work
4.1 You and the Venue agree the work (for example an on-site visit and video, a post on your account, or a collaboration on a goSparkor regional post), dates, deliverables and price through goSparkor messages. You agree to do agreed work as described or tell the Venue promptly through goSparkor if you cannot.
4.2 Unless you and the Venue agree otherwise, a collaboration lasts at least 1 month.
4.3 Upload deliveries through goSparkor so they reach the Venue's library.
4.4 Cancellations, missed appointments and disputes about the work or payment are between you and the Venue. We may review a dispute and may restrict or remove creators who repeatedly fail to deliver or breach these Terms.
5. Disclosure and platform rules
5.1 Whenever you are paid or receive anything of value for a post, you must use the platform's paid-partnership or branded-content label and follow the FTC Endorsement Guides and similar laws.
5.2 Your content must follow TikTok's and Instagram's rules, including advertising policies, and must not include false claims about the Venue, health claims, or alcohol promotions the platform or law prohibits.
5.3 Use only music you are licensed to use in paid advertising (such as the platform's commercial music library or your own audio). Trending sounds licensed only for organic posts cannot be used in content that will be promoted.
5.4 Make sure anyone identifiable in your content has agreed to appear in it, including in advertising.
6. Rights in your content
6.1 You keep ownership of the videos, photos and other content you create ("Creator Content").
6.2 License to the Venue. Unless you and the Venue agree otherwise, for on-site filming you grant the Venue a non-exclusive license to use the delivered Creator Content on the Venue's business accounts, including in paid advertising, for 1 year from delivery.
6.3 License to goSparkor. You grant goSparkor a non-exclusive, worldwide, royalty-free license, for the same period, to host, copy, deliver and display Creator Content to provide goSparkor's services, and to run it as advertising for the Venue you worked with, including by promoting your post on TikTok (Spark Ads) or Instagram (partnership ads).
6.4 Promotion codes. If you supply a Spark Ads or partnership authorization, goSparkor may promote your post for that Venue's campaigns until the authorization expires or you revoke it. [Effect of revoking during a live campaign — counsel to confirm.]
6.5 You grant the Venue and goSparkor the right to use your name, handle, likeness and voice as they appear in Creator Content for those uses only.
6.6 You confirm you own or have licensed everything in Creator Content and that its use as described will not infringe anyone's rights.
6.7 Posts you already published. For a post you published before, the license in 6.3 covers promoting that post, as published, for that Venue's campaigns for as long as the ad code or authorization lasts, instead of 1 year. goSparkor does not download, edit or repost it, does not access your account, and Section 6.2 does not apply. Revoking the authorization on the platform ends the promotion. Any payment is agreed and paid between you and the Venue (Section 2.2). Sections 5 and 6.6 apply, including music licensed for ads and the paid-partnership label if you are paid.
7. Advertising audiences
When goSparkor promotes your post for a Venue, the people who engage with that promotion may be added to that Venue's own advertising audience, held by TikTok or Meta and used only for that Venue's ads. goSparkor does not receive the identities of those people.
8. goSparkor creator network (opt-in)
8.1 When you accept these Terms you will see a checkbox, already checked, to join the goSparkor creator network. If you leave it checked, we keep your profile so goSparkor and its Venues can invite you to future work. You can uncheck it, and declining never affects work with a Venue.
8.2 You can leave the network at any time in your account settings or by emailing [email protected]. We record your choice and the date.
9. Conduct
You will not: misrepresent your identity, audience or past work; harass Venues or their staff; ask Venues to pay you through goSparkor or to share goSparkor account access; or use goSparkor to collect Venues' information for other purposes.
10. Communications
We send service emails about messages and work with Venues. Text messages are sent only if you opt in; message and data rates may apply; reply STOP to stop and HELP for help.
11. Disclaimers and liability
11.1 goSparkor's tools are provided "as is". We do not guarantee work, income or any Venue's conduct.
11.2 To the extent the law allows, goSparkor is not liable for indirect or consequential damages, and its total liability to you is limited to $100.
11.3 You will indemnify goSparkor against claims arising from your Creator Content or your breach of these Terms.
12. Termination
You may stop using goSparkor at any time and ask us to delete your data as described at gosparkor.com/data-deletion and in our Privacy Policy. We may suspend or remove your account for breach. Licenses already granted for delivered work continue for their stated term.
13. Law, changes and general
These Terms are governed by Delaware law, with exclusive jurisdiction in the courts of Connecticut. We will give at least 30 days' notice of material changes. If a provision is unenforceable, the rest remains. Notices to us: [email protected].