Terms of Service

These Terms of Service (the "Terms") govern the access to, browsing and use of the Huuk platform (the "Platform"), as well as the legal relationship between Huuk and any natural or legal person who uses its services.

By registering, accessing or using the Platform, the User declares that they have read, understood and fully accepted these Terms.

If the User does not accept these Terms, they may not use the Platform.

For the purposes of these Terms:

• "Huuk" means the technological platform operated by ZERO1 MEDIA S.L. or any entity that may replace it in the future.
• "User" means any natural or legal person registered on the Platform.
• "Brand" means any User that contracts or intends to contract content creation services.
• "Creator" means any User that offers content creation services through the Platform.
• "Project" means any collaboration created through Huuk between a Brand and a Creator.
• "Collaboration Agreement" means the specific agreement governing the contractual relationship between Brands and Creators in respect of each Project.

Huuk is a technological platform that facilitates the connection between Brands and Creators.

Huuk does not act as an employer, agent, advertising agency, talent agency, business partner, labour intermediary or principal contracting party of the Projects entered into between Users.

Projects are agreements entered into directly between the Brand and the Creator.

Huuk does not guarantee the commercial success of any Project or the achievement of specific results by any User.

Huuk's role is limited to providing technological tools intended to facilitate the search for collaborators, the management of Projects, communications between Users and the management of payments within the Platform.

Nothing in these Terms, in the Collaboration Agreement or in any Project entered into through the Platform shall be construed as creating an employment relationship, partnership, agency, franchise, commercial representation, joint venture or relationship of dependency between Huuk and any User.

Creators act at all times as independent professionals and are fully responsible for organising their activity, for their legal and tax obligations, and for the performance of the services offered through the Platform.

Likewise, no provision of the Platform creates an employment relationship between Brands and Creators.

Access to and use of the Platform is reserved exclusively for persons over eighteen (18) years of age who have sufficient legal capacity to enter into binding contracts under applicable law.

By registering with Huuk, the User declares and warrants that they meet these requirements and that they have full capacity to assume the obligations arising from these Terms, as well as from any Project entered into through the Platform.

Huuk may at any time request documentation intended to verify the User's age or legal capacity and may suspend or cancel the account in the event of reasonable doubt or breach of this requirement.

In order to use certain Platform features, it will be necessary to create an account.

The User undertakes to provide accurate, complete and up-to-date information during the registration process and throughout the term of their account.

The User is responsible for keeping their access credentials confidential and for all activities carried out from their account.

Huuk may suspend or cancel any account that contains false, misleading, incomplete or outdated information.

Each User may keep only those accounts expressly authorised by Huuk.

Users shall be responsible for any activity carried out from their accounts, unless they reasonably demonstrate unauthorised access beyond their control.

The creation of an account or the approval of a User does not guarantee the visibility, indexing, ranking or promotion of their profile within the Platform. Huuk may freely determine the criteria for classification, search, recommendation, visibility or verification of profiles and may modify them at any time.

Likewise, Huuk may hide, limit, de-index or remove any profile from search results or from the public areas of the Platform when it reasonably considers it necessary to maintain the quality, security or proper functioning of the service.

User accounts are personal and non-transferable.

No User may sell, rent, transfer, assign or allow the use of their account by third parties without Huuk's prior and express authorisation.

All Users declare that they act in the exercise of a business, professional or commercial activity or as a self-employed/freelance worker in accordance with the legislation applicable to them.

The use of Huuk is reserved for natural or legal persons who carry out an economic or professional activity and who can lawfully comply with the tax, fiscal, labour and administrative obligations arising from their activity on the Platform.

Huuk is not intended for use by private consumers for personal or domestic purposes.

Creator verification

All Creators will be subject to a review and approval process by Huuk.

Huuk may approve, reject, suspend or remove any Creator profile at its sole discretion and without any obligation to provide explanations or justifications.

Initial approval does not guarantee the Creator's continued presence on the Platform.

Brand verification

Huuk may approve, reject, suspend or cancel any Brand account at its sole discretion.

Huuk may at any time request additional documentation intended to verify identity, commercial or professional activity, legal representation, trademark ownership, tax domicile, tax situation or any other information it considers relevant.

Refusal to provide such documentation may result in the suspension or cancellation of the account.

The approval of a Brand or a Creator does not imply that Huuk guarantees the identity, solvency, reputation, professional capacity, tax situation, compliance with their legal obligations or the quality of the services offered through the Platform.

Each User shall be solely responsible for complying with all tax, fiscal, labour, accounting and administrative obligations applicable as a result of their activity on the Platform.

Creators must comply with all legal requirements necessary to provide services through Huuk and, where applicable law so requires, must be duly registered as self-employed workers, independent professionals or under any other equivalent legal status that allows them to carry out their activity and issue the corresponding invoices.

Creators shall be responsible for issuing invoices, tax returns and any other legally required documentation in relation to the income obtained through Huuk.

Brands shall be responsible for complying with the tax, accounting and administrative obligations arising from the payments made through the Platform.

Each User declares that they hold, and undertakes to maintain throughout their activity on the Platform, the authorisations, registrations, licences, permits and qualifications legally required to carry out their professional or commercial activity.

Huuk does not provide tax, accounting or legal advice and assumes no responsibility for Users' compliance with their legal obligations.

Users declare and warrant that all information provided to Huuk is truthful, accurate and up to date.

Likewise, Users warrant that they hold all rights, licences, authorisations and powers necessary to use the Platform, enter into Projects, contract services, create Content or use the materials provided during collaborations.

Users shall be solely responsible for any falsehood, inaccuracy or breach related to the statements made through the Platform.

Brands shall be solely responsible for the legality of the products, services, promotions, advertising campaigns, giveaways, discounts and any other commercial activity promoted through the Platform.

Huuk does not verify or guarantee the legality of the products or services promoted by Brands.

Projects are formalised when one of the parties sends a proposal and the other party accepts it through the Platform.

Once the proposal has been accepted, the Brand must make the corresponding payment in order for the Project to start.

Until payment has been successfully completed, the Project will not be considered active and the Creator will not be obliged to begin the work.

The specific terms of each Project will form an integral part of the relationship between the parties.

Likewise, all Projects will be subject to the Collaboration Agreement in force at the time of their acceptance.

Users undertake to respond within a reasonable time to communications related to active Projects, requests for documentation, disputes, revisions or any other matter related to the proper functioning of the Platform.

Repeated failure to respond may be considered a breach of these Terms and give rise to measures by Huuk.

The Brand undertakes to actively manage the Projects published on the Platform.

Huuk may cancel, archive or close any Project in respect of which the Brand does not take the necessary actions to advance it within the reasonable time limits established by the Platform.

The Brand's prolonged inactivity will not give rise to any right to a refund, compensation or indemnity.

Huuk may set maximum or minimum limits on the number of proposals, Projects, messages, requests or features available to certain Users or categories of Users.

All payments related to Projects must be made exclusively through the systems enabled by Huuk.

Funds may be temporarily held through the payment systems used by Huuk.

Huuk may order, request or maintain the temporary holding of funds when reasonably necessary to verify compliance with these Terms, resolve disputes, investigate suspicious activities, prevent fraud or comply with legal or regulatory obligations.

The Creator accepts that Huuk may deduct the applicable fees before proceeding to release funds.

The release of funds will be subject to the proper functioning of the payment service providers used by Huuk and to compliance with the verification, security and fraud-prevention procedures that such providers may apply.

Huuk will charge a standard fee of twenty percent (20%) to the Creator on the total amount of each Project completed through the Platform.

Unless expressly stated otherwise, Brands will not be subject to fees for the use of the Platform.

Huuk may temporarily offer promotions, discounts, fee reductions or special conditions for certain Users, categories of Users, countries, promotional periods or specific campaigns. Such special conditions will not modify the standard fee applicable outside the cases expressly indicated by Huuk.

Huuk's fees do not include the rates, costs or fees applied by payment service providers, financial institutions, payment processors or third parties used to process the transactions carried out through the Platform. Such amounts may be passed on to the relevant User where applicable and will be displayed transparently before payment confirmation.

Payments made through the Platform may be processed by external payment service providers, including, among others, Stripe or any other provider that Huuk may use from time to time.

Huuk does not act as a financial institution, payment institution, bank or payment processor and does not provide regulated financial services. Payment processing services are provided exclusively by the corresponding external providers, who may be subject to their own terms, conditions and policies.

Users acknowledge and accept that certain payment operations, identity verifications, card validations, fund holds, refunds, transaction blocks, regulatory compliance checks or anti-fraud measures may be carried out directly by such payment providers in accordance with their internal procedures and with applicable regulations.

Huuk will not be responsible for decisions taken by external payment service providers, including the suspension or cancellation of accounts, the holding of funds, the denial of transactions, the performance of additional verifications, the limitation of features or any other measure taken in accordance with their internal policies or with applicable regulations.

Huuk reserves the right to modify its rates and fees at any time. Any modification will not affect Projects already started, unless expressly accepted by the parties involved.

Once the Content has been delivered by the Creator, the Brand may:

• a) approve the Project;
• b) request revisions in accordance with what was agreed in the Project and in the Collaboration Agreement;
• c) open a dispute within the period established in these Terms.

If the Brand takes no action, the Project will be automatically considered approved seventy-two (72) hours after delivery.

Once that period has elapsed without a dispute having been opened, Huuk may proceed to release the funds corresponding to the Creator.

The Brand will have seventy-two (72) hours from the delivery of the Content to open a dispute related to serious and objective breaches of the Project.

Disputes must be duly substantiated and accompanied by the documentation, evidence or information that reasonably demonstrates the alleged breach.

The burden of proving the breach lies with the party making the claim.

Mere subjective dissatisfaction, a change of commercial strategy, the subsequent modification of expectations or any circumstance unrelated to the terms originally agreed will not constitute sufficient grounds to obtain a refund.

Refunds may only be granted when there is reasonable evidence of substantial breach by the Creator, including, among other cases:

• total failure to deliver the Content;
• serious breach of the agreed deliverables;
• manifest infringement of the Collaboration Agreement;
• delivery of content clearly unusable for the expressly agreed purposes.

Minor delays or non-substantial breaches will not automatically give rise to the cancellation of the Project or the refund of the funds.

Huuk will analyse the documentation provided by both parties and may adopt a reasonable and binding decision regarding the release, holding or return of the funds.

The Creator shall be solely responsible for complying with the obligations assumed in each Project and for delivering the Content within the established deadlines.

The unjustified failure to deliver the Content, the abandonment of the Project, the impossibility of reasonably contacting the Creator when this prevents the proper execution of the Project, or any other serious breach of the Collaboration Agreement or of these Terms may give rise, at Huuk's reasonable discretion, to the cancellation of the Project.

In the event of cancellation due to a breach attributable to the Creator, the Brand will be entitled to a full refund of the amounts paid in respect of the affected Project, without prejudice to any other rights to which it may be entitled under applicable law.

In such cases, the Creator will lose the right to receive any compensation corresponding to the cancelled Project.

Likewise, Huuk may adopt any of the measures set out in these Terms, including the suspension or cancellation of the Creator's account, the limitation of features, the restriction of access to future Projects or any other measure reasonably necessary to protect the Platform, the Users or the proper provision of the service.

Huuk acts exclusively as a technological intermediary between Brands and Creators and does not guarantee that Projects will be executed or completed by Users. Consequently, Huuk will not be liable to Brands for delays, cancellations, failure to deliver the Content or any other breach attributable to the Creator.

Users undertake not to initiate chargebacks, bank claims or payment disputes in a fraudulent, abusive manner or contrary to these Terms.

When a User initiates a chargeback related to a Project that has been correctly contracted or executed, Huuk may:

• immediately suspend the relevant account;
• cancel access to the Platform;
• claim the amounts owed;
• pass on the costs arising from the procedure;
• offset outstanding amounts;
• temporarily hold funds pending release;
• take the legal actions it deems appropriate to recover the amounts claimed.

The Platform may allow Users to publish ratings, opinions, comments or reviews about other Users or about the Projects carried out through Huuk.

Users undertake that any rating or review published is truthful, honest, based on a real experience and made in good faith.

The publication of false, misleading, manipulated, offensive, defamatory, fraudulent ratings or ratings that infringe the rights of third parties is prohibited.

Huuk may, at its sole discretion, moderate, hide, reject, edit or remove any rating or review that it considers contrary to these Terms, to applicable regulations or to the proper functioning of the Platform.

Ratings and reviews reflect exclusively the opinion of the Users who publish them. Huuk does not guarantee their accuracy, truthfulness or reliability and will not be responsible for their content.

Huuk may use ratings and reviews to calculate reputation metrics, ranking systems, recommendations, visibility levels or any other mechanism related to the functioning of the Platform.

The following is strictly prohibited:

• providing false or misleading information;
• using false identities or fraudulent documentation;
• infringing the rights of third parties;
• manipulating ratings, reviews or metrics;
• using the Platform for unlawful activities;
• publishing illegal, fraudulent, misleading or discriminatory content;
• using unauthorised automated systems;
• interfering with the functioning of the Platform;
• attempting to access other Users' information without authorisation;
• using the Platform for purposes other than those expressly provided by Huuk;
• circumventing, attempting to circumvent or facilitating the circumvention of the applicable fees;

In addition, the creation of fictitious profiles, false identities, virtual avatars, influencers generated by artificial intelligence or any profile that does not correspond to a real natural person is prohibited, except with the prior and express authorisation of Huuk.

Unless expressly stated in the Project, Creators warrant that the Content delivered has been created by themselves and that it does not feature virtual avatars, synthetic identities or representations generated entirely by artificial intelligence in place of the participation of a real natural person.

Huuk may adopt the measures it deems appropriate against any prohibited conduct.

Users undertake not to use Huuk to identify, contact, hire or collaborate with other Users outside the Platform for the purpose of avoiding payment of the corresponding fees.

Likewise, Users undertake not to exchange personal contact details, email addresses, telephone numbers, external profiles or any other information intended to facilitate collaborations outside Huuk where the purpose is to avoid the Platform's fees.

Users acknowledge that Huuk invests significant resources in the development, maintenance, promotion and operation of the Platform, as well as in attracting and bringing Brands and Creators into contact.

Consequently, when a Brand and a Creator come into contact through Huuk, both parties undertake not to formalise, negotiate, hire or execute outside the Platform collaborations related to the services identified or facilitated through Huuk.

Likewise, for a period of six (6) months from the first contact made through the Platform, the parties will refrain from entering into direct agreements intended to avoid payment of the fees applicable to Huuk.

If Huuk reasonably determines that a collaboration initiated through the Platform has been completed outside it with the aim of circumventing its fees, Huuk may:

• claim the amounts owed;
• claim the fees that Huuk would reasonably have received if the collaboration had been completed through the Platform;
• claim compensation equivalent to such fees;
• suspend or cancel the accounts involved;
• block pending payments;
• restrict features;
• take the appropriate legal actions to claim the damages caused.

The mere bringing into contact of a Brand and a Creator through Huuk will give rise to the presumption that any subsequent collaboration related to the services identified or facilitated through the Platform has been originated by Huuk.

Users acknowledge and accept that Huuk may use automated tools to detect fraud, attempts to circumvent fees, exchange of contact details and other activities that may breach these Terms.

When reasonably necessary to investigate possible breaches, resolve disputes, protect the security of the Platform or safeguard Huuk's legitimate interests, the Platform may carry out limited reviews of certain communications exchanged through the messaging or communication features integrated into Huuk.

Such monitoring may be carried out by means of automated tools, artificial intelligence, human review or any combination of the above, always in accordance with applicable law and Huuk's Privacy Policy.

Huuk may, at its sole discretion and without any obligation to justify its decision:

• suspend accounts;
• cancel accounts;
• block funds;
• limit features;
• reject Projects;
• request documentation;
• investigate suspicious activities;
• cancel fraudulent collaborations;
• withhold payments;
• restrict access to certain features;
• adopt any measure reasonably necessary to protect the Platform, its Users or compliance with these Terms.

Decisions taken by Huuk in relation to the security of the Platform, fraud prevention and dispute management may be implemented immediately when Huuk reasonably considers it necessary.

Huuk's failure to exercise any of the rights, powers or remedies provided for in these Terms will not constitute a waiver thereof nor limit their future exercise.

Huuk may temporarily suspend access to the Platform, block features, withhold funds or cancel accounts when there are outstanding amounts due, open disputes, chargebacks, fraudulent activity or any other circumstance that may create an economic or legal risk for Huuk or for other Users.

All intellectual property rights related to Huuk, including software, design, databases, trademarks, logos, texts, features, source code, interfaces, documentation and visual elements, belong to Huuk or its licensors.

No provision of these Terms grants Users any right over such assets.

Access to and use of the Platform does not imply the granting of any licence, assignment or authorisation over the intellectual or industrial property rights owned by Huuk, except to the extent strictly necessary to use the Platform in accordance with these Terms.

The reproduction, distribution, modification, reverse engineering, data extraction or any other unauthorised use of the protected elements of the Platform is prohibited.

Intellectual property rights over the Content generated by Creators will be governed exclusively by the provisions of each Project and the corresponding Collaboration Agreement.

Huuk does not acquire ownership rights over such Content, except those strictly necessary to operate the Platform.

The User will refrain from using Huuk's trade names, trademarks, logos, graphic elements, designs, materials or any other intellectual property asset outside the uses expressly authorised by the Platform.

It is prohibited to remove, modify, hide or alter any intellectual property notice, identification or attribution associated with Huuk.

Unless the User expressly objects in writing to Huuk, the User authorises Huuk to use their trade name, trademark, logo, profile name, profile photograph, published content, videos, ratings, testimonials or any other identification associated with their account for promotional, commercial, advertising or reference purposes.

This authorisation includes the possibility for Huuk to publicly identify Brands and Creators as users of the Platform on its website, social networks, commercial materials, presentations, corporate communications, investor materials, case studies or any other promotional medium related to Huuk's activity.

The User may at any time request the removal of such references by written notice to Huuk. Huuk will make reasonable efforts to remove such references within a reasonable time from receipt of the request.

Huuk may use its own or third-party artificial intelligence systems for the provision, improvement, security, moderation, automation, analysis, recommendation, verification, fraud detection and general operation of the Platform.

For the purposes of these Terms, an artificial intelligence system means any software-based system capable of generating, analysing, classifying, recommending, interpreting or processing content, data, images, audio, video, text or any other information through automated processes.

Users acknowledge and accept that the information, messages, content, profiles, projects, deliverables, documents and other elements shared within the Platform may be processed by artificial intelligence tools for the purpose of providing the services offered by Huuk, improving the user experience, detecting fraudulent activities, verifying compliance with these Terms and optimising the functioning of the Platform.

Likewise, Users grant Huuk a worldwide, non-exclusive, royalty-free licence, for the duration of the contractual relationship, to use the content, data and information generated or shared within the Platform for the purposes of operating, developing, improving, training, validating, evaluating and optimising the technological systems and artificial intelligence used by Huuk, always in accordance with applicable law and the Privacy Policy.

Nothing in this article will imply the transfer to Huuk of ownership of the intellectual property rights of the content belonging to Users, except to the extent strictly necessary for the purposes described above.

Users acknowledge and accept that Huuk does not participate in the creation, review, approval or final use of the Content generated in the Projects.

Consequently, any claim brought by third parties related to the Content, the products promoted, the services advertised, intellectual property rights, image rights, privacy rights or any other matter arising from a Project will be the sole responsibility of the Users involved.

Users undertake to cooperate fully with Huuk in the event of a claim, investigation or proceeding related to their activities within the Platform.

Huuk may remove any Content, suspend Projects or adopt precautionary measures while it investigates a third-party claim.

The User agrees to defend, indemnify and hold harmless Huuk, its directors, partners, employees, collaborators, suppliers and representatives from any claim, demand, proceeding, penalty, loss, damage, cost or expense, including reasonable attorneys' fees, arising directly or indirectly from:

• a) the breach of these Terms or of the Collaboration Agreement;
• b) the infringement of any applicable law or regulation;
• c) the violation of third-party rights, including intellectual property rights, image rights, privacy rights or contractual rights;
• d) any content, material or information provided by the User;
• e) any fraudulent, negligent or bad-faith conduct by the User.

Huuk reserves the right to assume the exclusive defence of any matter subject to indemnification, without prejudice to the obligations assumed by the User under this article.

Huuk will not be liable for delays, interruptions, failures or breaches arising from circumstances beyond its reasonable control, including, among other cases, natural disasters, fires, floods, pandemics, labour disputes, wars, acts of terrorism, power supply failures, internet outages, cyberattacks, government decisions, problems with financial institutions or external service providers.

While such circumstances persist, the affected obligations will be suspended for the time strictly necessary to overcome the situation that gave rise to them.

The Platform is provided "as is" and "as available".

Huuk does not guarantee that the Platform will be free of errors, interruptions, technical incidents, security vulnerabilities or temporary unavailability.

Likewise, Huuk does not guarantee the quality, legality, professional capacity, solvency, behaviour, contractual compliance or results obtained by registered Users.

To the maximum extent permitted by applicable law, Huuk will not be liable for indirect damages, loss of profit, loss of business opportunities, loss of revenue, loss of reputation, loss of data or any harm arising from the use of the Platform.

Huuk's total aggregate liability towards any User will not, in any case, exceed the amount actually received by Huuk in fees in respect of the specific Project that gave rise to the claim.

Nothing in this article will limit those liabilities that cannot be excluded or limited under applicable law.

Huuk may modify these Terms at any time.

The modifications will take effect upon their publication on the Platform or from the date expressly indicated by Huuk.

Continued use of the Platform will constitute acceptance of the new Terms.

Huuk may assign, transfer or subcontract, in whole or in part, the rights and obligations arising from these Terms to any affiliated company, acquirer, successor or entity that acquires all or part of the Platform, without the need to obtain the prior consent of Users.

Users may not assign or transfer their rights or obligations without Huuk's prior written authorisation.

If any provision of these Terms is declared null, invalid or unenforceable by a competent authority, that provision will be deemed severed from the rest of the document and will not affect the validity, legality or enforceability of the remaining provisions, which will continue in full force.

Huuk may temporarily suspend or definitively discontinue the provision of the Platform, in whole or in part, for technical, operational, commercial, legal or any other reasons.

In the event of definitive discontinuation of the Platform, Huuk will make reasonable efforts to allow the completion or orderly closure of active Projects, without assuming any obligation to maintain the Platform indefinitely.

These Terms will be governed by and construed in accordance with Spanish law.

Any dispute related to the Platform or to these Terms will be submitted to the Courts and Tribunals of Barcelona, Spain, unless applicable law imperatively establishes a different jurisdiction.

By registering and using Huuk, the User declares that they have read, understood and fully accepted these Terms of Service.