Trend.io Terms of Use

Last Revised: September 16, 2024

Creator Terms of Service

Welcome to TREND by soona co. (“soona,” “we,” “our,” or “us”). soona owns and operates soona.co and trend.io and all of their respective webpages and subpages (the “Site”), and may provide software that may be downloaded to your computer, smartphone or tablet to access services either directly from soona or via third parties (each, an “Application”). Through the Site and Application, we offer users a marketplace where brands can connect with a network of content creators to help brands create custom user-generated content (the Site, Applications, and other licensed services, collectively, are the “Services”). By signing up with soona as a creator, you are agreeing to provide custom content for users of the Site.

These Creator Terms of Service (these “Terms”) are a legal agreement between soona and you, or, if you represent an entity or other organization, that entity or organization (in either case “you,” “your,” or “Creator”) and governs your provision of Content to users of the Site. You agree that these Terms are in addition to the Website Terms of Service, which govern your access to and use of the Site and Services. To understand how soona uses your information, please see soona’s Privacy Policy, which policy applies to all information submitted by you via the Site.

BY REGISTERING TO BECOME A CREATOR, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT JOIN SOONA’S CREATOR COMMUNITY.

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 Services

Via the Site, soona connects content creators like you (“Creators”) with companies and brands (“Customers”) for Creators to generate custom content (e.g., photos, videos, advertisements, social media posts) (collectively, “Content”) for use by the Customers. soona reserves the right to reject any request by a person to become a Creator.

2. Account

To become a Creator with soona, you must create a soona creator account (your “Account”). You may log into your Account to use such Services 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.

3. Content Creation and Ownership

• (a) Submission of Content. As a Creator, you will create and upload Content on or through the Site pursuant to project requests from Customers (each, a “Project”). Accepting a Project is entirely voluntary, and you will be solely responsible for all Content that you submit via the Site, including the consequences of Soona publishing your Content or otherwise making it available to a Customer. Creator shall be responsible for all costs associated with creating the Content.
• (b) Content Ownership. Except for Creator’s Likeness (defined below), upon creation, all Content and all intellectual property rights therein shall be owned solely by soona. Creator hereby irrevocably assigns all of its right, title, and interest in and to the Content and all intellectual property rights therein to soona. Creator agrees to, upon soona’s request, execute all documents and provide all information necessary to perfect soona’s title in and to any all intellectual property rights in the Content. In addition to licensing the Content to the applicable Customer, soona may use all Content for any lawful business purpose. Creator releases soona and Customer, and their respective owners, directors, officers, employees, successors, and assigns from all liability from any claims by Creator in connection with Content uploaded to the Site.

Creator hereby grants to soona and the applicable Customer a right to use Creator’s name, image, likeness, biographical, professional, and other identifying information (“Likeness”) solely in connection with the Content, and Creator waives the right to inspect or approve any use of Creator’s Likeness as contemplated by these Terms.

Creator agrees that unless expressly permitted in writing by soona, Creator shall not be permitted to use the Content or otherwise post the Content to Creator’s social media pages or website.  

• (c) Representations and Warranties. Once you accept a Project, you agree to use your best efforts to deliver the Content in accordance with the specifications set forth in the Project. You represent and warrant to soona that you have the full legal right, power and authority to assign the Content to the Customer as set forth herein, and that you have not entered into any other agreement or arrangement with any guild, union, or other industrial organization which prevents or limits you from adhering to these Terms or performing your obligations under these Terms. Additionally, you further represent and warrant that: (i) all Content is your sole and original creation, (ii) with the exception of Customer Materials (defined below), the Content, and soona’s right to use the Content consistent with these Terms, 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 (iii) all Content will comply with all laws and regulations, including the FTC’s guidelines for social media influencers, as may be applicable. If you create or aim to create Content 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.
• (d) Restrictions. You agree that you will not distribute any Content that:

1. (i) 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. (ii) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
3. (iii) 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. (iv) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site; or
5. (v) is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing,” as those terms are commonly understood and used on the Internet.

4. Customer Materials

As part of the Project, the Customer may provide to you certain images, video, and audio files, names, trademarks, logos, and all other information submitted through the Site, as well as samples of products (“Samples”) to be used in the Content (collectively, “Customer Materials”). You agree to use the Customer Materials only for purposes of creating the Content and for no other purpose and that the Customer is the sole owner of the Customer Materials. Upon submission of the Content via the Platform, you agree to delete or return all Customer Materials to Customer. Generally, you will be permitted to retain any Samples sent to you; however, soona or Customer retain the right to demand that you return certain Samples. Such returns shall be at the Customer’s cost. If so requested, the Customer will provide you with a shipping label. You agree that soona shall have no liability to you with regards to any Customer Materials that you receive, and you hereby release soona from all liability arising out of or relating to the Customer Materials.

5. Fees

Creators will be paid fees for Content delivered in response to Projects (“Fees”). Fees for each Project will be detailed on the applicable Project. Fees will be deemed earned upon approval by the Customer following Creator’s final submission of the Content. soona will remit to Creator the Fees earned for Content within thirty (30) days following the Customer’s approval of the applicable Content. 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. 

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.

6. Indemnification

Creator 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 Content. soona will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. soona shall give you full control of the defense of any claims for which soona seeks indemnification and shall reasonably assist you, at your expense, in defense of such claims. 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.

7. Term and Suspension

These Terms shall apply for so long as you provide any services as a Creator. 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 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 delivered by you.

8. 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 USE OR THE INABILITY TO USE THE SERVICES, FROM YOUR USE OF THE CUSTOMER MATERIALS OR YOUR SUBMISSION OF ANY CONTENT. 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 DISCONTINUE PROVIDING ANY CREATOR SERVICES. 

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.

9. General

1. (a) Modification. soona may modify these Terms at any time. Modifications become effective immediately upon your first access to or use of the Site or Services after the “Last Revised” date at the top of these Terms. Your continued access to or use of the Site or 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, do not access or use the Site or Services.
2. (b) 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. (c) 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. (d) Independent Contractors. The relationship between you as a Creator and soona is that of an independent contractor. No joint venture, partnership, employment, or agency relationship exists between you and soona as a result of these Terms or your provision of Content. 
5. (e) 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. (f) Construction. The headings of Paragraphs of these Terms are for convenience and are not to be used in interpretation.‍
7. (g) Contact. soona is located in Denver, Colorado. Any questions, comments or suggestions, including any report of violation of these Terms should be provided soona as follows:

By E-mail: legal@soona.co

By Postal Mail: 1235 S. Broadway, Denver, CO 80210

Attn: Legal

• (h) 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 Content to the Customers, 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.