Burst Platform ApS – Brand Terms & Conditions

Version 1.2 – February 2026

0 | Parties

Burst Platform ApS ("Burst", "we", "us"), CVR 44766930, Flæsketorvet 68, 1. sal, 1711 København, Denmark, operates a digital collaboration platform ("Platform" / "App"). These Terms govern every company, organisation or agency ("Brand", "you") that creates a Brand account on the Platform. By clicking "I accept" or otherwise using the Platform, the Brand accepts and agrees to be legally bound by these Terms.

1 | Definitions

  • Account: The Brand's dashboard within the Platform.
  • Affiliate: Any entity controlling, controlled by, or under common control with a party.
  • Affiliate Campaign: A Campaign where Creators earn commissions based on validated sales generated through unique tracking links or coupon codes, rather than CPM-based view payments (see § 8).
  • Affiliate Link: A unique URL or coupon code assigned to a Creator through the Platform to track purchases attributable to that Creator's promotional content.
  • Applicable Law: All national, EU and international statutes, regulations, directives, industry codes and self-regulatory rules that apply to Burst or the Brand.
  • Attribution Period: The fixed twelve (12) month window from the date of the collaboration within which a customer purchase is attributed to a Creator's Affiliate Link or coupon code for commission purposes.
  • Brand Wallet: The e-money ledger inside the Platform recording funds pre-paid by the Brand.
  • Budget: The portion of the Brand Wallet irrevocably allocated to a specific Campaign. For Affiliate Campaigns, the Budget funds commission payouts to Creators based on validated sales (see § 8).
  • Business Day: Any day other than Saturday, Sunday or a Danish public holiday.
  • Campaign: A collaboration brief created by a Brand, specifying deliverables, payment model (CPM rate or Commission Rate), timeline and Budget.
  • Commission Rate: The percentage of net sale value payable to a Creator for each validated sale in an Affiliate Campaign.
  • Confidential Information: Non-public information of either party disclosed in relation to the Platform.
  • CPM: Cost per mille – payment rate per 1,000 organic views on approved Creator content. Burst reserves the right to use alternative engagement metrics (such as reach or impressions) where platform-specific data requires it.
  • Creator: An influencer user engaged by Brand via the Platform.
  • Creator Ads: Paid advertising placements that use Creator content, such as TikTok Spark Ads or Instagram Partnership Ads, run by the Brand through Burst's whitelisting feature (see § 7.3).
  • Ad Management Tools: Optional Platform features that allow Brand to create, modify, or manage advertising campaigns on third-party platforms (including but not limited to Meta/Facebook Ads) through the Burst interface (see § 7.6).
  • Data Protection Law: The EU General Data Protection Regulation (GDPR) and any local implementing laws.
  • Fees: Subscription fees, Platform Fees, reimbursement processing fees or other charges owed to Burst.
  • Force Majeure Event: Circumstances beyond a party's reasonable control (see § 16).
  • Intellectual Property (IP) Rights: Patents, copyrights, trademarks, design rights, trade secrets and similar rights worldwide.
  • Live Campaign: A Campaign that is published and not yet marked Completed in the Platform.
  • Platform Fee: The service fee retained by Burst for facilitating Creator payouts and Platform operations. Applies to both CPM-based and commission-based earnings.
  • Service Levels: The uptime and support targets described in § 15.
  • Subscription: The Brand's paid, renewable right to publish Campaigns (see § 4).
  • Taxes: All present or future taxes, levies, VAT, duties or similar charges.

2 | Eligibility & Account Setup

2.1 Legal Capacity – The individual accepting these Terms on behalf of the Brand warrants that they have full authority to bind the Brand.

2.2 Minimum Age – Burst services are offered only to users aged 18 years or older.

2.3 Accurate Information – Brand must supply complete, truthful and up-to-date registration data.

2.4 Account Security – Brand is responsible for all activities occurring under its credentials and must keep passwords secure. Burst is not liable for losses caused by unauthorised access unless due to Burst's wilful misconduct.

2.5 Changes – Brand shall update its account information within five (5) Business Days of any change.

2.6 Audit & KYC – Burst may request evidence of Brand's identity, beneficial ownership and legal right to advertise. Failure to provide satisfactory evidence may result in suspension.

3 | Licence & Acceptable Use

3.1 Licence – Burst grants Brand a limited, non-exclusive, revocable, non-transferable licence to access and use the Platform solely to create and manage Campaigns.

3.2 Acceptable Use – Brand shall not:

  • a) reverse-engineer, scrape or copy Platform code;
  • b) upload malware or interfere with Platform integrity;
  • c) use the Platform for unlawful, defamatory, discriminatory or misleading content;
  • d) circumvent CPM tracking, view verification, affiliate link tracking, coupon code attribution, or any other Platform measurement system; or
  • e) misrepresent its identity or the product/service advertised.

Burst may remove Campaigns or suspend Accounts that violate this § 3.2.

4 | Subscription, Billing & Irrevocability

4.1 Subscription Plans – Burst offers the Subscription tiers and prices shown in the App. Burst may introduce new plans or change prices upon 30 days' notice (email or in-App).

4.2 Irrevocability While Campaigns Are Live – A Subscription cannot be cancelled, paused or refunded while the Brand has any Live Campaign. Cancellation requests will take effect only after all Campaigns are marked Completed and all related payments are settled.

4.3 Automatic Renewal & Payment – Unless cancelled under § 4.2, Subscriptions renew automatically each month and Burst may charge the payment method on file. Late payment may incur interest at 1.5 % per month plus collection costs.

4.4 Platform Fees – Burst retains a Platform Fee from each Creator payout, whether CPM-based or commission-based. The Platform Fee is set at Burst's discretion and may be adjusted upon thirty (30) days' notice.

4.5 Taxes – Fees are exclusive of VAT or similar indirect taxes, which the Brand shall pay in addition.

5 | Brand Wallet – Funding & Lock-Up

5.1 Top-Ups – Brand must pre-fund its Brand Wallet via the payment methods accepted by Burst.

5.2 No Redemption / No Withdrawal – Funds in the Brand Wallet are irrevocably locked and cannot be withdrawn, refunded or offset to the Brand under any circumstances.

5.3 Permitted Uses – Wallet funds may be applied only to:

  • a) CPM payouts to Creators;
  • b) affiliate commission payouts to Creators under Affiliate Campaigns (§ 8);
  • c) approved reimbursements linked to Campaigns; and
  • d) Burst Platform Fees or service fees.

5.4 Residual Balance – Unspent balance rolls forward for future Campaigns but remains subject to § 5.2. If the Account is terminated, any residual balance is forfeited to Burst.

5.5 Currency & FX – Brand Wallets may hold balances in multiple currencies, depending on the Brand's top-up method and region. Funds are denominated in the currency in which they were deposited, and cannot be converted or withdrawn. Burst does not offer currency exchange services, and the Brand is responsible for any FX costs incurred prior to depositing funds.

6 | Campaign Creation & Management

6.1 Mandatory Fields – Each Campaign must state: description, payment model (CPM rate or Commission Rate for Affiliate Campaigns), total Budget, and deliverables.

6.2 Approvals – Brand selects creators and approves content exclusively through the Platform interface. Approvals are time-stamped and final.

6.3 Budget Exhaustion – Payouts occur on a first-come-first-served basis. When Budget reaches zero, no further payouts will be made, yet creators must leave approved content online for at least a duration of 12 months.

6.4 Edits & Cancellation – Brand may edit a Campaign only while no creator has applied. Brand may not cancel a Campaign once at least one creator has been approved, except by written consent from Burst, and remaining Budget will stay locked.

6.5 Affiliate Campaign Setup – For Affiliate Campaigns, Brand must additionally specify the Commission Rate, eligible products or services, and any sale validation criteria. The Attribution Period is fixed at twelve (12) months (see § 8.3). Detailed terms governing Affiliate Campaigns are set out in § 8.

7 | Content Usage, Ads & Expiry

7.1 No Ownership Transfer – The Brand does not obtain ownership of any Creator content. All intellectual property rights remain with the Creator, unless a separate transfer is agreed in writing.

7.2 Organic Reposting Rights – Upon full payment to the Creator (whether CPM-based or commission-based under an Affiliate Campaign), the Brand receives a non-exclusive, non-transferable, worldwide right to repost the approved Creator content on its own organic social media accounts, free of charge. This right is valid only while the Brand maintains an active Subscription. Upon expiry or termination of the Subscription, this reposting right is automatically revoked.

7.3 Paid Advertising via Creator Ads – Brands may request access to use Creator content in paid advertising via Burst's Creator Ads feature (e.g., Spark Ads or Instagram Partnership Ads). This usage is billed at 10 % of the media spend allocated to the ad, of which the Creator receives compensation as specified in the Creator Terms of Use. Paid usage rights are non-transferable and expire automatically upon termination or non-renewal of the Brand's Subscription.

7.4 Expiry and Content Deletion Obligation – Both the reposting and paid usage rights granted under § 7.2 and § 7.3 expire immediately if the Brand's Subscription is not active. The Brand may not permanently cancel or request deletion of its Account unless all Creator content it has reposted or used in ads has been fully removed from its own and any affiliated digital channels.

7.5 Platform Display & Promotional Rights – Brand grants Burst a non-exclusive, worldwide, royalty-free licence to use its name, logo, trademarks, Campaign briefs, screenshots, and other brand assets provided through the Platform for: (a) operating and displaying the Platform; (b) marketing and promotional materials, including Burst's website, social media, pitch decks, and advertising; (c) case studies, testimonials, and "trusted by" or "brands we work with" listings; and (d) press releases and industry publications. This licence survives termination of the Brand's Account.

7.6 Ad Management Tools – The Platform may offer Ad Management Tools that allow Brand to create, modify, pause, or delete advertising campaigns on third-party platforms (including but not limited to Meta/Facebook Ads). These tools are provided as a convenience on an "as is" basis. Burst accepts no liability whatsoever for:

  • a) the performance, delivery, or outcomes of any ad campaigns created or modified through the Platform;
  • b) any expenditure, overspend, or budget allocation on third-party advertising platforms;
  • c) any changes, errors, or unintended modifications to Brand's ad accounts or campaigns;
  • d) any suspension, restriction, or termination of Brand's third-party advertising accounts; or
  • e) any loss of revenue, data, or business opportunity arising from the use of these tools.

Brand acknowledges that it remains solely responsible for reviewing and approving all advertising campaigns and budgets, and for compliance with all third-party platform policies and Applicable Law.

7.7 Data & Brand Usage Rights – Brand grants Burst a non-exclusive, worldwide, royalty-free, perpetual licence to collect, aggregate, anonymise, and use all data generated through Brand's use of the Platform, including but not limited to: campaign performance metrics, sales data, conversion rates, Creator earnings, audience demographics, ad spend data, and any other analytics or statistics arising from Brand's Campaigns. This licence also extends to Brand's name, logo, trademarks, and any brand assets uploaded to or generated through the Platform. Burst may use such data and assets for:

  • a) operating, improving, and developing the Platform;
  • b) generating aggregated benchmarks, reports, and industry insights;
  • c) marketing and promotional purposes, including case studies and public-facing statistics; and
  • d) any other lawful business purpose.

This licence survives termination of the Brand's Account. Burst shall not disclose Brand's individually identifiable confidential business data to direct competitors without Brand's prior written consent.

8 | Affiliate Campaigns

8.1 Overview – Brands may create Affiliate Campaigns on the Platform, enabling Creators to earn commissions on sales generated through their promotional content rather than CPM-based view payments.

8.2 Tracking & Attribution – Sales are tracked via unique Affiliate Links or coupon codes assigned to each Creator through the Platform. A sale is attributed to a Creator if the customer completes a purchase within the Attribution Period after clicking the Creator's Affiliate Link or using their coupon code.

8.3 Attribution Period – The Attribution Period for all Affiliate Campaigns is twelve (12) months from the date of the collaboration. This period is fixed and cannot be modified by the Brand.

8.4 Sale Validation – Brand may review attributed sales within fourteen (14) days of the transaction date. Brand may reject a sale only on documented grounds, including but not limited to: confirmed fraud, duplicate orders, or customer returns processed before the validation deadline. Sales not rejected within the fourteen (14) day validation period are deemed validated automatically.

8.5 Commission Payment – Validated commissions are deducted from the Brand Wallet and paid to the Creator, less the Platform Fee. Burst processes commission payments on the same schedule as CPM payouts.

8.6 Refund & Chargeback Handling – If a customer returns a product or initiates a chargeback after the commission has been paid, Brand may deduct the corresponding commission from the Creator's future earnings, subject to the refund policy and refund limit set in the Campaign.

8.7 Brand Obligations – Brand is responsible for ensuring that its e-commerce platform properly integrates with Burst's tracking systems, that product pricing is accurate, and that sale validation is conducted honestly and in good faith. Any attempt to manipulate tracking, artificially reject valid sales, or underreport revenue constitutes a material breach of these Terms.

8.8 No Guaranteed Results – Burst does not guarantee any minimum sales volume, conversion rate, or revenue from Affiliate Campaigns. Campaign performance depends on Creator reach, content quality, and market conditions.

9 | Compliance & Indemnity

9.1 Advertising Compliance – Brand warrants that all Campaigns comply with Applicable Law, including marketing, consumer-protection and influencer-disclosure rules.

9.2 No Infringement – Brand warrants that its trademarks, product claims and supplied creative assets do not infringe third-party IP.

9.3 Ad Management Compliance – Brand is solely responsible for all advertising campaigns created or managed through the Ad Management Tools (§ 7.6), including compliance with third-party platform policies and Applicable Law.

9.4 Indemnity – Brand shall defend and indemnify Burst, its Affiliates and Creators against any claim, loss or cost arising from Brand's breach of § 9.1, § 9.2 or § 9.3, including but not limited to claims arising from Brand's advertising campaigns on third-party platforms.

10 | Confidentiality

Both parties shall keep Confidential Information secret and use it only to perform their obligations. Exemptions apply for information that is (i) public, (ii) independently developed, or (iii) required by law to be disclosed.

11 | Data Protection

11.1 Roles – Each party acts as an independent data controller for personal data it processes.

11.2 GDPR Compliance – Both parties shall implement appropriate technical and organisational measures to protect personal data and comply with GDPR.

11.3 International Transfers – If personal data is transferred outside the EEA, the transferring party shall ensure a valid transfer mechanism (e.g., SCCs).

12 | Record-Keeping & Audit

Brand shall maintain books and records sufficient to verify compliance with these Terms for five (5) years. Burst may audit such records on ten (10) Business Days' notice, no more than once per year, at Burst's cost (unless a material breach is found, in which case Brand bears reasonable costs).

13 | Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, whether express, implied or statutory. Burst specifically disclaims implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Brand uses the Platform at its own risk.

14 | Limitation of Liability

Burst's total aggregate liability under these Terms (whether in contract, tort or otherwise) shall not exceed the lower of:

  • a) total Fees paid by Brand to Burst in the twelve (12) months preceding the event giving rise to liability; or
  • b) DKK 100 000.

Burst shall in no event be liable for indirect, incidental, consequential, special or punitive damages, or for loss of profits, revenue, goodwill, data or business interruption.

15 | Service Levels & Support

15.1 Uptime Target – Burst aims for 98 % monthly uptime, excluding planned maintenance with 24-hour notice.

15.2 Support – Email support (support@burstcreators.com) is available Business Days 09:00-17:00 CET. Burst endeavours to answer Tier 1 issues within one (1) Business Day.

15.3 Credit – If monthly uptime falls below 90 %, Brand may request a Service Credit equal to 10 % of that month's Subscription fee. Service Credits are Brand's sole remedy for downtime.

16 | Force Majeure

Neither party is liable for delay or failure caused by a Force Majeure Event, provided it (i) notifies the other party promptly, and (ii) uses reasonable endeavours to mitigate the effects. Payment obligations for amounts already accrued are not excused.

17 | Termination

17.1 By Brand – Termination requires zero (0) days' written notice and is subject to § 4.2 and § 5. Wallet balances are forfeited upon termination.

17.2 By Burst – Burst may suspend or terminate immediately for material breach, fraud, non-payment, insolvency, sanction-list appearance, or repeated violations of § 3.2.

17.3 Effect – Upon termination all licences end, but §§ 5, 7.5, 7.7, 8, 9, 10, 13, 14, 18–26 survive.

18 | Anti-Corruption & Trade Compliance

Brand represents that neither it nor its owners or directors are subject to EU, UK, US or UN sanctions. Brand shall not use the Platform in connection with sanctioned entities or unlawful conduct.

19 | Assignment

Brand may not assign or transfer its rights or obligations without Burst's prior written consent. Burst may assign these Terms to an Affiliate or successor as part of a merger, acquisition or asset sale.

20 | Notices

Legal notices must be sent by email and registered post to the addresses on page 1 and are deemed delivered on the earlier of (i) receipt, or (ii) five (5) Business Days after postage.

21 | Severability

If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be replaced by a valid provision that most closely reflects the parties' original intent.

22 | Modifications to These Terms

Burst may amend these Terms at any time by posting the revised version on the Platform and notifying the Brand by email or in-App notification at least thirty (30) days before the changes take effect. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms. If Brand does not agree with the amendments, its sole remedy is to terminate its Account under § 17, subject to the conditions therein.

23 | Independent Parties

Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between Burst and the Brand. Neither party has authority to bind the other or incur obligations on its behalf.

24 | Entire Agreement & Waiver

These Terms constitute the entire agreement between the parties regarding the Platform and supersede all prior agreements. No waiver of any breach shall be deemed a waiver of subsequent breaches.

25 | Governing Law & Venue

These Terms are governed by Danish law, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the District Court of Copenhagen.

26 | Version History

Burst may keep historical versions of these Terms for audit purposes. Brand may request copies by emailing support@burstcreators.com.

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