Conditions générales du programme Setapp Creator

The Participant is at least 18 years old. If You are under the age of 18, You will have to obtain the approval of Your parents or legal guardians. MacPaw may ask You, at any stage, to provide us with proof of age and/or identity and/or proof of such approval, if relevant. MacPaw reserves the right to exclude any participants who are not able to provide us with such proof. We also reserve the right to revoke Your participation in the Setapp Creator Program in the event we determine that You are not eligible.

The Setapp Creator Program works by rewarding Creators for publishing content that fosters public knowledge about Setapp or the services it provides.

1. How to join the Setapp Creator Program?

To participate in the Setapp Creator Program, You must fill out the form published on the relevant MacPaw website.

Once You are approved by MacPaw's team, You will be notified by email and You will be considered a participant ("Participant"). Please note that MacPaw reserves the right to determine Your eligibility in its sole discretion and its decision is not subject to an appeal.

2. Which Content is eligible?

For the purposes of the Setapp Creator Program, "Content" means a Creator's original work, limited to the following types:

• Visual and Audiovisual content, including but not limited to videos, photographs, illustrations, paintings, drawings, and graphic designs; and
• Written content, including but not limited to blog posts, articles, reviews, tutorials, and social media posts composed primarily of text.

Content does not include audio-only works such as podcasts, music, or sound recordings.

There are two categories of eligible Content:

• Dedicated Content — Content in which Setapp Services are the main topic or sole focus ("Dedicated Content");
• Integrated Content — Content in which Setapp Services are naturally included but are not the main topic or sole focus ("Integrated Content").

For the purposes of this section, "Setapp Services" refers to Setapp, the services Setapp provides, and the applications available through Setapp.

Content published on YouTube, Reddit, and Medium is not eligible. This means MacPaw will not reward Creators for Content published on these platforms. However, such publications are covered by the MacPaw Affiliate Program. Please visit its website to find out more about becoming a MacPaw affiliate.

3. Which Creators are eligible?

To be eligible, the Setapp Creator Program requires that the Creator's channel, where they intend to post Content ("Channel"), primarily falls within the following categories:

• technology,
• productivity,
• software,
• lifestyle,
• education,
• creative workflows.

Please note that Creators whose content primarily falls into categories such as comedy, entertainment, gossip, conspiracy theories, or sensationalist content are not eligible to participate in the Setapp Creator Program. Content from Channels on the platforms YouTube, Reddit, and Medium is not eligible.

Additionally, to be eligible, the Setapp Creator Program requires that the Creators comply with standards, including but not limited to the ones described below in Sections "Your Obligations" and "Warranties".

Without limiting the foregoing, the Creator's Channel, existing content on the Channel, and Content must not contain or promote material that is false, defamatory, libelous, abusive, vulgar, hateful, harassing, threatening, obscene, offensive, or disparaging; derogatory on the basis of ethnicity, race, gender, religion, age, or sexual orientation; or promoting the use of alcohol, illegal drugs, tobacco, or weapons. MacPaw will assess the Creator's existing body of published content when determining eligibility.

In case the Creator has been previously terminated from the Setapp Creator Program, they will not be eligible.

For the purpose of the Setapp Creator Program, the reward consists of a sum calculated in US dollars that MacPaw will reward eligible participants subject to the requirements of these Terms ("Reward").

The Reward is based on how your Content performs — specifically, how many organic views each piece of Content receives ("Views"). For the purpose of the Setapp Creator Program, a View is when Content is displayed to or played for a user through organic means. Views do not include artificial views (including but not limited to views generated by bots, artificial traffic, incentivized traffic, or other non-organic sources). When determining the amount of Views received by the Content, MacPaw may rely on the analytics provided by the platform on which the Content is published.

How are Views calculated?

Views are calculated according to a CPM (Cost per mile) model, under which the Participant is rewarded a fixed rate per 1,000 (one thousand) Views received by the piece of Content during the Period ("Rate"). There is a minimum and maximum amount of views which can be converted into a Reward.

The minimum amount of Views the Content must receive to be eligible for a Reward is 1,000 (one thousand) Views. If the Content receives fewer than 1,000 Views, the Creator will not be eligible for a Reward.

The maximum amount of Views for which the Setapp Creator Program rewards a Creator is 100,000 (one hundred thousand) Views per piece of Content. Any View that exceeds this amount will not be considered when calculating the Reward. This means that the maximum Reward a creator is eligible to receive for each piece of Content is the amount equal to 100,000 Views under the Rate calculation system.

MacPaw may set a specific Rate for dedicated and integrated Content. The Rate is published on the relevant MacPaw website.

MacPaw reserves the right to change the Rate at any time. MacPaw will notify You of such changes by Email only where Your Content has already been reviewed and approved by MacPaw and You are awaiting a Reward. In any other case, MacPaw will not notify You of changes to the Rate. Please review the relevant MacPaw website periodically to find out the Rate applicable.

Please note:

• You shall not use paid advertising, paid promotion, and artificial traffic to improve performance and Views of the Content (including but not limited to bots, artificial traffic, incentivized traffic, or other non-organic sources). Failure to comply with this requirement may lead to (i) the cancellation of the Reward, (ii) the termination of Your participation in the Setapp Creator Program, or (iii) both.
• MacPaw reserves the right to determine whether Your Content is eligible for a Reward and the sum of the Reward in its sole discretion and its decision is not subject to an appeal.

Rewards limitation.

The amount of possible Rewards an eligible Participant may receive each month is limited and depends on the category of Content.

• Per month, a Creator is eligible to be rewarded for a maximum of 1 (one) piece of Dedicated Content.
• Per month, a Creator is eligible to be rewarded for a maximum of 2 (two) pieces of Integrated Content.

This means that an eligible Participant may receive a maximum of 3 (three) Rewards per month across both categories combined. Any additional submissions beyond these limits will not be considered for a Reward.

How to be eligible for a Reward?

To be eligible for a Reward, Participants must complete all these steps in the following order:

1. Become a Participant after being approved by MacPaw's team.

For instructions on how to participate in the Setapp Creator Program please read the subsection "How to join the Setapp Creator Program?" above.

2. Content publication.

You must create and publish Content. The Content must: (1) include the link to Setapp's website, or tag Setapp's account if Setapp has an official account in the platform where the Content is published (e.g., Instagram, Facebook); (2) include the hashtag #setappcreator.

Please note that MacPaw will not consider Content published on YouTube, Reddit, and Medium.

3. Submission of performance.

After the first 7 days (i.e., 168 hours) from the moment of publication of Your Content have passed ("Period"), You must submit the link to Your Content and Your analytics providing the amount of Views the Content received during the Period (e.g., screenshot of Views from Your creator dashboard) to the email [email protected]. MacPaw reserves the right to request additional evidence of Content performance.

A Creator may publish an unlimited number of pieces of Content. However, per month, a Creator may only submit for MacPaw's review a maximum of 1 (one) piece of Dedicated Content and 2 (two) pieces of Integrated Content. Any submissions beyond these limits will not be considered for a Reward.

MacPaw will only consider Content that was published within the same calendar month as the month of submission. Content published earlier than the month of submission will not be eligible for a Reward. For example, Content submitted in March will only be eligible for a Reward if it was published in March. Content published in the last 7 days of a calendar month may be submitted in the following calendar month.

If a Creator submits substantially identical or similar Content within the same month, MacPaw will only consider the single piece of Content that received the highest number of Views during the Period. All other substantially identical or similar pieces of Content will not be considered for a Reward.

4. MacPaw's review and approval.

MacPaw's team will review the submitted content and determine whether it is considered Content for the purpose of the Setapp Creator Program. MacPaw will verify the amount of Views the relevant Content received during the Period and determine if You are eligible for a Reward. In case eligibility of the Content is confirmed, the amount of the Reward is calculated based on the rules set in Reward Conditions of these Terms.

Failure to provide the proof of Views will make You ineligible for the Reward. Moreover, false/ fake analytics and/or proof of Content performance and Views may lead to immediate termination of Your participation in the Setapp Creator Program.

MacPaw will not approve Your Content if it:

1. does not comply with the rules set in the Sections "Your Obligations", "The Setapp Creator Program" and "Warranties".
2. breaches the applicable laws and regulations, including the Federal Trade Commission's guidelines on endorsements and testimonials. E.g., the Content does not reflect the influencer's honest thoughts, beliefs, and experiences, or contains unsubstantiated claims;
3. contains or promotes material that is false, defamatory, libelous, abusive, vulgar, hateful, harassing, threatening, obscene, offensive, or disparaging; derogatory on the basis of ethnicity, race, gender, religion, age, or sexual orientation; or promoting the use of alcohol, illegal drugs, tobacco, or weapons.
4. in MacPaw's sole discretion, poses a reputational risk to MacPaw, Setapp, or any of their affiliates, partners, or the applications available through Setapp. This includes, but is not limited to, Content that is misleading, controversial, offensive, or otherwise inconsistent with MacPaw's brand values and public image.

Failure to comply with these requirements may lead to (i) the cancellation of the Reward, (ii) the termination of Your participation in the Setapp Creator Program, or (iii) both.

5. Addition of disclosure.

After MacPaw's team has reviewed and approved the Content and confirmed the Creator's eligibility for a Reward, the Creator within 2 calendar days after confirmation must add:
(a) the hashtag #setapp_endorser, placed prominently and not buried among other hashtags or links; and
(b) a written statement in the following form: "Sponsored by Setapp. I am part of Setapp's Creator Program and receive compensation for sharing my experience.", or a substantially similar statement if the language of the Content is not English.

Please note, the hashtag #setapp_endorser may not be substituted and its disclosure is a mandatory requirement to fulfill regulatory requirements.

Failure to add the required disclosure within 2 (two) calendar days of MacPaw's approval notification will make the Creator ineligible for the Reward for that piece of Content. MacPaw reserves the right to withhold or cancel the Reward until the disclosure has been added and verified. The Creator is obliged to refrain from any removal of this hashtag and the written statement after receiving the Reward.

How is the Reward transferred to the Creator?

Once Your Content is approved by MacPaw, You will be notified. The notification will specify the amount of the Reward You are eligible to receive for the submitted Content.

To receive the Reward, You must issue and submit a valid invoice to MacPaw within 30 (thirty) calendar days from the date of such notification. Failure to submit a valid invoice within this period will result in forfeiture of the Reward for that piece of Content.
The invoice shall be sent by email to [email protected] and shall include: (i) Your full legal name (or registered business name, if applicable); (ii) Your address; (iii) Your complete bank payment details, including IBAN for international transfers or equivalent banking instructions for Your jurisdiction.

Upon receipt of a valid and correct invoice, MacPaw will transfer the Reward to the account identified in the invoice within 30 (thirty) calendar days. All Rewards are paid in US dollars. Any currency conversion costs, bank transfer fees, or intermediary charges incurred after MacPaw initiates the payment shall be borne by the Creator.

MacPaw and the Creator are each solely responsible for their respective tax obligations arising from or in connection with these Terms, including the Reward. The Creator is solely responsible for reporting and paying any applicable taxes, duties, or contributions in their jurisdiction, and MacPaw shall bear no liability for such obligations.

1. License to Use Content. By participating in the Setapp Creator Program, You grant MacPaw a non-exclusive, worldwide, irrevocable, and royalty-free license to use, reproduce, modify, adapt, translate, distribute, display, and post the Content You submitted on hosting platform(s), social media(s), and/or website(s) owned and/or operated by MacPaw or its affiliates. This includes the right to use Content for the purpose of paid promotion, marketing, and advertising. MacPaw reserves the right to modify the Content to the extent necessary for formatting, length, or platform requirements, provided that such modifications do not materially alter the meaning of the Content. MacPaw reserves the right to tag Your profile if the hosting platform, social media, and/or website allows it. The Reward, as described in these Terms, constitutes the sole and complete compensation for the license granted under this Section. No additional royalties, fees, or other compensation shall be payable to the Creator in connection with MacPaw's use of the Content.

2. Quality monitoring and fraud Protection. MacPaw reserves the right to conduct an internal traffic (including Views) quality review and verify whether the submitted analytics providing the amount of Views Your Content received during the Period is correct and complies with the Terms. In case MacPaw is unable to verify such submitted analytics, MacPaw may (i) terminate Your participation in the Setapp Creator Program, (ii) request additional evidence, (iii) adjust the previously determined Reward to reflect the updated amount of verified Views, (iv) forfeit the Reward in whole or in part.

3. Modification of Terms. We reserve the right to change these Terms at any time at our sole discretion without notice. Such change shall be effective immediately upon its publication. The same applies to the details published on the relevant website/ landing page/ social media post. If any modification is unacceptable to You, Your only option is to stop participating in the Setapp Creator Program. Your continued participation in the Setapp Creator Program following the publication of our new Terms on our site will indicate Your agreement to the changes. We recommend that You periodically check these Terms and the Setapp Creator Program website to stay informed of any changes.

4. Termination.
4.1 MacPaw may terminate Your participation in the Setapp Creator Program immediately and without prior notice if you breach any provision of these Terms, or other documents, referred to herein. Where Your Content has already been reviewed and approved by MacPaw and You are awaiting a Reward at the time of such termination, MacPaw will provide You with 3 (three) days' prior written notice by email before the termination takes effect.
4.2 You may terminate Your participation in the Setapp Creator Program at any time by notifying MacPaw in writing by email to [email protected]. Such termination will take effect upon MacPaw's receipt of Your notice.
4.3 Upon termination of Your participation in the Setapp Creator Program, regardless of the reason:
(a) You will no longer be eligible to submit Content or receive any Rewards, including for Content that was approved by MacPaw prior to the date of termination but for which the Reward has not yet been paid;
(b) MacPaw's license to use Your Content as set out in these Terms shall survive termination in accordance with the Section "Miscellaneous";
(c) All provisions of these Terms that by their nature should survive termination shall remain in full force and effect, as set out in the Section "Miscellaneous".

1. You must comply with these Terms, including the rules set in the Sections "The Setapp Creator Program" and "Warranties", as well as any policies and documents incorporated herein by reference.

2. You are solely responsible for ensuring that the Content and the uploading thereof are fully compliant with all applicable laws (including but not limited to all applicable laws relating to intellectual property and false/deceptive advertising) as well as YouTube's Community Guidelines (https://www.youtube.com/yt/about/policies/#community-guidelines), Terms of Service (https://www.youtube.com/t/terms) ("YouTube Terms"); TikTok's Terms of Service (https://www.tiktok.com/legal/terms-of-service) ("TikTok Terms"); Instagram's Terms of Use (https://help.instagram.com/581066165581870) ("Instagram Terms"); X's Terms of Service (https://x.com/en/tos) ("X Terms") or any other applicable terms of use/service of the website/ platform/ social media.

3. You must be compliant with the Federal Trade Commission (FTC) guidelines on testimonials and endorsements and marketing, and any equivalent laws and regulations applicable in Your jurisdiction.
3.1 All endorsements, reviews, testimonials on MacPaw's products and services, as well as relationships between other types of content websites (forums, blogs, microblogs, and other Social Media channels) and MacPaw must be clearly disclosed in a written statement on Your website/ platform/ social media page. FTC points out that "when there exists a connection between the endorser and the seller of the advertised product," it is imperative that such a connection is "fully disclosed." FTC would deem our relationship as an endorser-sponsor and believes that the end user has the right to understand that an endorser-sponsor relationship exists. We share the underlying idea of this approach and require you to adhere to the FTC's rules.
3.2 You shall not engage in comparative advertising in violation of applicable laws and regulations. Without limiting the foregoing, You shall not include in Your Content any false, misleading, or unsubstantiated comparisons between Setapp Services and competing products or services. Any comparison made in the Content must be objective, verifiable, and relate to material, relevant, and representative features of the products or services being compared.

MacPaw's approval of the submitted Content does not exempt the Creator from the obligation under this Section.

MacPaw may grant Participants 30 (thirty) days of free access to Setapp. However, MacPaw may decide to stop this offer at any time without notice. MacPaw is not obliged to provide You free access to Setapp, even if You are a Participant. Upon expiration of the free access period, the Participant will be subject to Setapp's standard terms and pricing unless they cancel before the end of the free access period. For more information please refer to Setapp's Terms of Use.

WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL MACPAW'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00).

You warrant that:
(i) Your Content is wholly original, or to the extent it incorporates third-party materials, You have obtained all necessary rights, licenses, and permissions for their use;
(ii) Your Content will not infringe any copyrights, trademarks, trade secrets, or other intellectual property rights or violate the right of privacy, publicity, or other rights of any individual;
(iii) Your Content will not
(a) be false, defamatory, libelous, abusive, vulgar, hateful, harassing, threatening, obscene, offensive, or disparaging;
(b) be derogatory on the basis of ethnicity, race, gender, religion, age, or sexual orientation; or
(c) promote the use of alcohol, illegal drugs, tobacco, or weapons;
(iv) Your Content will be in compliance with all the Terms and will not violate any applicable laws, terms of service, community guidelines, and policies of the platform on which it is published;
(v) all statements made in the Content will be a truthful expression of Your personal experience and belief;
(vi) You will not use paid advertising, paid promotion, and artificial traffic to improve performance and Views of the Content (including but not limited to bots, artificial traffic, incentivized traffic, or other non-organic sources).

You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, and third-party service providers (collectively, the "Indemnitees") from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees , that actually or allegedly result from (i) information You provided to MacPaw in connection with the Setapp Creator Program, (ii) Your breach of these Terms, (iii) Your Content violating third party's intellectual property rights, (iv) Your Content giving rise to a third party claim for libel, slander, defamation, invasion of privacy, misappropriation of rights or ideas, piracy and/or plagiarism, (v) Your failure to comply with applicable laws and regulations, including the Federal Trade Commission's guidelines on endorsements and testimonials, or (vi) any other Claim related to Your Content.

You and MacPaw further consent to the exclusive jurisdiction of the courts of the Republic of Cyprus for the purpose of settling any dispute, claim, or controversy arising out of or in connection with the Terms (and any non-contractual disputes/claims arising out of or in connection therewith), except where applicable law allows You to choose to bring legal proceedings in Your country of residence, or we are required to bring legal proceedings only in Your country of residence.

1. Relationship. You agree that You are an independent contractor and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between You and MacPaw. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your website or any other of Your websites or otherwise, that reasonably would contradict anything in this Section.

2. Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the original intent is effectuated, and the remainder of this agreement shall have full force and effect.

3. Assignment. You may not assign Your rights or obligations under this Agreement to any party, except with prior notice to us and our consent. MacPaw may assign its rights and obligations under this Agreement without Your consent.

4. Entire Agreement. These Terms, together with the Privacy Notice, constitute the entire agreement between You and MacPaw with respect to the Setapp Creator Program and supersede all prior or contemporaneous communications, understandings, and agreements, whether oral or written.

5. Survival. Any term or condition of these Terms which by its plain meaning shall be and must be performed after termination shall survive termination. The provisions of the Sections "MacPaw's Rights", "Your Obligations", "Warranties", "Indemnification", "Limitation of Liability", and "Governing Law & Jurisdiction" shall survive any termination or expiration of these Terms.

If You have questions regarding these Terms, please contact us: [email protected].