Burst Platform ApS
Flæsketorvet 68, 1. sal
1711 København
CVR: 44766930
These Terms and Conditions ("Terms") govern your use of the Burst platform, operated by Burst Platform ApS ("Burst"), CVR: 44766930, located at Flæsketorvet 68, 1. sal, 1711 København. By creating an account on the platform, you accept and agree to be bound by these Terms.
"App" / "Platform": The digital environment provided by Burst, where influencers and companies can register, log in, and collaborate through campaigns.
"Influencer" / "Creator": An individual who registers on the Platform and participates in campaigns by producing content for a defined compensation (e.g., CPM).
"Company" / "Brand": A user who creates a branded profile and launches campaigns to engage influencers via the Platform.
"Campaign": A collaboration opportunity published by a Company on the Platform. Campaigns include deliverables, requirements, CPM rate, and available budget.
"Collaboration": The mutually agreed engagement between an influencer and a company, including terms, content submissions, approvals, and payments.
"CPM (Cost Per Mille)": The default payment rate per 1,000 views on approved content. CPM is only triggered after the influencer has been accepted into the campaign, submitted content, received approval, and uploaded the content through the Platform. Burst reserves the right to calculate compensation based on alternative metrics such as reach or impressions where appropriate (see Section 11.3).
"Budget": The total funds allocated to a campaign. For CPM-based campaigns, payouts are distributed on a first-come, first-served basis. Once the budget is exhausted, no further payments will be made, though influencers are required to keep approved content live. Affiliate campaigns may operate under different payout structures (see Section 13).
"Content": Any video, image, or post created by the influencer for a campaign, shared on the Platform or on social media profiles, subject to approval and terms.
"Platform Fee": The percentage of gross earnings retained by Burst in exchange for operating the Platform. Currently set at thirty percent (30%) of all gross earnings (see Section 11.1).
"Creator Ads": The use of approved campaign Content by a Brand in paid advertising on social media platforms, commonly through whitelisting or similar ad formats where ads are run from the influencer's profile (see Section 12).
"Affiliate Link": A unique, trackable URL provided by Burst to an influencer for the purpose of tracking sales or conversions in affiliate-based campaigns (see Section 13).
"Attribution Period": The time window during which views, metrics, sales, or conversions are eligible for influencer compensation. For CPM-based campaigns, the default attribution period is thirty (30) days from Content publication (see Section 11.2). For affiliate campaigns, the attribution window is specified in the campaign description (see Section 13.3).
i) Burst provides a platform that connects companies and influencers.
ii) Companies can create campaigns that are visible to all approved influencers on the platform. Campaign listings must include:
A description of the campaign
The CPM rate
The total campaign budget
Any additional terms, including if the company wishes to use influencer content for its own marketing purposes
By accessing and using the Burst app ("the App"), you agree to be bound by these terms and conditions ("Terms"). These Terms constitute a legally binding agreement between you ("User," "you," "your") and Burst ("we," "us," "our"). If you do not accept these Terms, you may not access or use the App. Burst reserves the right to change these Terms at any time, and your continued use of the App following such changes constitutes your acceptance of the revised Terms.
Burst grants you a limited, non-exclusive, non-transferable, revocable license to use the App in accordance with these Terms. Burst reserves all rights not expressly granted to you under these Terms.
To access and use the Burst app ("the App"), you must be at least 18 years old. By creating an account and using the App, you confirm and warrant that you are 18 years or older. Burst assumes no liability for individuals who do not meet this age requirement and still use the App.
As part of the registration process, Burst may require you to verify your age by submitting valid documentation, such as a photo of an official ID (e.g., driver's license, passport, or national ID card). Burst reserves the right to deny access to the App if age cannot be verified.
By using the App, you represent and warrant that:
You have the legal right and capacity to enter into and comply with these Terms.
Your use of the App does not violate any applicable laws or regulations in your country of residence or from where you access the App.
To access certain features of the App, you must create a personal account. You agree to:
Provide truthful, accurate, current, and complete information as required during registration.
Update your information as necessary to ensure it remains accurate and complete.
You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account. You agree to:
Notify Burst immediately of any unauthorized use of your account or any other security breach.
Take reasonable steps to secure your account information.
Individuals who have previously been banned from using the App, or whose account has been suspended or terminated by Burst for any reason, are not eligible to create a new account or use the App. Any attempt to bypass this restriction may result in further legal action.
You agree to comply with all terms and conditions described in this agreement, as well as all applicable laws and regulations. Any violation of these terms may result in immediate suspension or termination of your account and access to the App.
Burst reserves the right to change the eligibility criteria at any time at its sole discretion. Such changes will be published in the App, and your continued use of the App following such changes will constitute your acceptance of the new eligibility criteria.
As an influencer on the Burst platform, you may create and upload videos and other digital content ("Content") directly to the App. This Content will then be redistributed to your connected Instagram and TikTok profiles. By uploading Content, you agree to ensure that it complies with all applicable laws, regulations, and Burst's guidelines and policies.
Content uploaded to the App must be of high quality and relevant to the Burst community. It is your responsibility to ensure that your Content is truthful, not misleading, and does not infringe upon any third-party rights, including but not limited to copyright, trademarks, and privacy.
You retain full ownership of all rights to your Content. However, if stated in the campaign description, certain rights may be transferred to the Brand. By uploading Content, you grant Burst a non-exclusive, worldwide, royalty-free, transferable, and fully sublicensable license to use, copy, modify, distribute, display, and perform your Content in connection with the operation of the App and Burst's business.
Before participating in a campaign on Burst, you must go through an approval process where the brand evaluates your profile. The brand will assess your profile, past work, and overall influence to determine if you are a suitable representative for the campaign. You will receive a notification of approval or rejection from the brand.
All campaign-related Content must be approved by the brand before it is published. You must submit your Content for review, and the brand will assess it to ensure it meets campaign requirements and Burst's standards. You will receive feedback and a notification when your Content is approved.
Burst offers a reimbursement system for purchases made in connection with creating campaign Content. To be eligible for reimbursement, you must submit proof of purchase along with your approved Content. Reimbursement will only be processed once your Content has been approved and published. Reimbursements are paid within 30 days of Content approval.
By creating and uploading Content in connection with campaigns on the Platform, the influencer acknowledges and agrees that the rights granted to Burst under Sections 3 and 5 include the right for Burst to grant or sublicense usage rights to Brands in connection with campaign execution, marketing, advertising (including Creator Ads), and promotional activities, unless otherwise explicitly stated in the campaign terms.
If you choose to delete Content from a brand collaboration from your TikTok profile or other connected social media profiles, your earnings from that collaboration will be cancelled. This action is considered a breach of the collaboration terms and triggers an automatic forfeiture of any pending or approved payments.
If you wish to retain your earnings from a brand collaboration, you must not delete the related Content from your social media profiles. By keeping your Content online, you maintain your full rights to compensation as agreed.
By uploading content ("Content") to the Burst app ("the App") or by sharing it on your social media profiles, including but not limited to TikTok and Instagram, you grant Burst a non-exclusive, worldwide, royalty-free, transferable, fully sublicensable right and license to use, copy, modify, distribute, display, and perform your Content in connection with the operation of the App and Burst's business.
Burst has the right to sublicense these rights to third parties. This means Burst may allow partners, affiliates, agencies, and other third parties to use your Content in the same way Burst is allowed to under this agreement.
The license you grant to Burst is royalty-free, meaning Burst is not required to compensate you for the use of your Content under these Terms. All payments or compensation you receive are limited to agreements specifically entered into in connection with your campaign activities on the Burst platform, including but not limited to CPM-based earnings (Section 11), Creator Ads compensation (Section 12.4), and affiliate commissions (Section 13).
This license is transferable, allowing Burst to assign its rights and obligations under this agreement to another party without your prior consent. This may include, but is not limited to, mergers, acquisitions, asset sales, or other business transactions.
The license granted under this Section remains in effect for as long as your Content is available on the App or your social media profiles. If you delete your Content from the Platform or your social media profiles, Burst and any Brands to whom rights have been sublicensed retain the right to continue using the Content in any campaigns, advertisements, or marketing materials in which it was already in use at the time of deletion. This survival right does not grant Burst the right to create new uses of deleted Content beyond those already in progress.
You represent and warrant that you have all necessary rights, permissions, and approvals to grant the license to Burst, and that the use of your Content by Burst will not infringe on any third-party rights, including but not limited to copyrights, trademarks, privacy, or other intellectual property rights. You agree to indemnify Burst against any claims, damages, losses, costs, or expenses resulting from or related to claims of third-party rights infringement involving your Content.
The App is provided "as is" and "as available." Burst makes no guarantees or promises that the App will meet your requirements, be uninterrupted, secure, or error-free, or that defects will be corrected. You use the App at your own risk and assume all associated risks.
Burst disclaims all warranties of any kind, express or implied, including but not limited to:
Implied Warranties of Merchantability: Burst does not guarantee the App or any services or products available through it will meet your quality expectations or be suitable for sale.
Fitness for a Particular Purpose: Burst does not guarantee the App will meet your specific needs or expectations.
Title: Burst does not guarantee your use of the App will not infringe on third-party rights or ownership.
Non-Infringement: Burst does not guarantee the App or its content will not infringe third-party intellectual property rights.
You understand and agree that using the App may involve certain technological risks, including but not limited to:
Security: Burst does not guarantee the App is secure or free from viruses, malware, or harmful components that could harm your device, data, or personal information.
Unforeseen Errors: Burst is not liable for technological errors, interruptions, delays, or other issues arising from the use of the App, whether due to Burst's actions or third-party failures.
To the maximum extent permitted by law, Burst shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from:
Use of the App: Your access to or use of, or inability to access or use, the App.
Content: Any actions or content from other users or third parties via the App.
Unauthorized Access: Unauthorized access to, use, or alteration of your transmissions or Content.
No advice or information, whether oral or written, obtained from Burst or through the App shall create any warranty not expressly stated in these Terms. You should not rely on such advice or information.
Some jurisdictions do not allow the exclusion of certain warranties or limitations on how long an implied warranty lasts, so some of the above limitations may not fully apply to you. In such cases, Burst's liability will be limited to the maximum extent permitted under applicable law.
Burst reserves the right to change or update the App and these Terms at any time without notice. Continued use of the App after such changes constitutes your acceptance of the modified Terms and disclaimers.
Influencers must not attempt to manipulate view counts through paid boosting services, buying fake views, or any other activity that artificially inflates view numbers. Any form of view manipulation is considered a serious violation of these Terms.
If Burst discovers or reasonably suspects that an influencer has manipulated views, Burst reserves the right to impose the following sanctions without notice:
Immediate suspension or termination of your account.
Forfeiture of all funds in your balance.
Loss of all rights to previously uploaded Content.
Reporting to the police and/or pursuing legal action against the involved parties.
Burst reserves the right to investigate and take appropriate action against any form of fraud or manipulation, including but not limited to internal analysis and cooperation with external partners to identify suspicious activity.
By using the platform, you agree to these Terms and understand that any form of view manipulation may result in the sanctions mentioned above, including legal prosecution.
Burst operates a strike system to ensure fair use of the platform and uphold the quality and reliability of collaborations. Strikes are issued to influencers who violate campaign terms or misuse the App.
A strike may be issued if you:
Delete content from a brand collaboration without permission.
Upload campaign content after the agreed deadline.
Misuse or attempt to manipulate the App or platform processes.
Accumulating one or more strikes may lead to the following consequences:
Temporary or permanent suspension from applying to new campaigns.
Reduced visibility or prioritization in brand approval rounds.
Withholding or forfeiture of campaign payments.
You will be notified by email or in-app message when a strike is issued. If you believe a strike was issued in error, you may contact Burst support to request a review. However, Burst reserves the right to make the final decision.
Strikes remain on your profile for a period determined by Burst, depending on the severity and frequency of violations. Repeated offenses may extend this duration or lead to permanent account restrictions.
Burst reserves the right to change, revise, update, or modify these terms and conditions ("Terms") at any time at its sole discretion. Changes may be necessary to reflect changes in laws, new features, service improvements, or other business reasons.
When Burst makes changes to these Terms, we will publish the revised version in the App. Changes become effective immediately upon publication unless otherwise stated. It is your responsibility to review the Terms regularly to stay informed.
Your continued use of the App after changes are published constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the App and, if applicable, delete your account.
In the case of material changes that may affect your rights or obligations, Burst will make reasonable efforts to notify you, which may include email, in-app notifications, or other means. Material changes may include changes to payment terms, licensing rights, or liability provisions.
By accepting the changes–either explicitly or through continued use of the App–you acknowledge and agree to be bound by the updated Terms. If you do not accept the changes, you must immediately stop using the App and contact Burst to delete your account.
Burst may retain historical versions of these Terms to document changes over time. These versions may be made available upon request to ensure transparency.
Burst reserves the right to suspend or terminate your access to the App immediately, without prior notice or liability, for any reason, including but not limited to violation of these Terms or other Burst policies and guidelines.
Reasons for suspension or termination may include, but are not limited to:
Upon termination, Burst will immediately deactivate your account and access to the App. This may occur without notice, and Burst is not responsible for data or content loss resulting from termination. You must stop using the App and remove any related software or applications from your devices.
After your account is terminated:
Burst also reserves the right to discontinue the App or any part of its services at any time. Burst will attempt to provide reasonable notice but is not liable for any losses or damages resulting from such discontinuation.
Provisions that, by their nature, should survive termination–including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability–will remain in effect after your access to the App ends.
Burst operates the Platform in exchange for a platform fee. Burst retains thirty percent (30%) of all gross earnings generated by the influencer through campaigns on the Platform. The remaining seventy percent (70%) constitutes the influencer's payout before taxes. The platform fee is automatically deducted prior to payment.
Influencers are only eligible for payment for views or other applicable performance metrics generated within the first thirty (30) days from the date the Content is published. Metrics accrued after this 30-day period are not eligible for compensation, even if the Content remains live.
Compensation is typically calculated based on views. However, Burst reserves the right, at its sole discretion, to calculate compensation based on reach, impressions, or other relevant metrics where such metrics are deemed more accurate or appropriate due to platform limitations, technical constraints, or campaign requirements.
"Creator Ads" refers to the use of approved campaign Content by a Brand in paid advertising on social media platforms, including but not limited to Instagram and TikTok, commonly through whitelisting or similar ad formats where ads are run from the influencer's profile.
By participating in a campaign where Creator Ads are enabled or selected, the influencer grants permission for the Brand to use the approved Content for paid advertising purposes on the relevant platforms for the duration specified in the campaign.
The influencer grants the Brand, via Burst, a non-exclusive, worldwide, royalty-free right to use the Content in paid advertising formats through Creator Ads.
When Creator Ads are used, the influencer is entitled to compensation equal to ten percent (10%) of the Brand's advertising spend associated with the influencer's Content. This compensation is paid via the Burst platform and is separate from, and in addition to, any CPM-based earnings unless otherwise stated in the campaign description.
Creator Ads are subject to the rules, policies, and technical limitations of the relevant social media platforms. Burst is not responsible for changes imposed by the platforms that may affect Creator Ads.
Certain campaigns may be structured as affiliate-based campaigns where influencers earn compensation based on verified sales or conversions.
Affiliate sales are tracked exclusively through a unique, trackable affiliate link provided by Burst. The affiliate link must be placed in the influencer's social media bio or another placement explicitly approved by Burst in order for tracking to be valid.
Only sales or conversions occurring within the attribution window specified in the campaign description are eligible for compensation.
All affiliate sales and conversions are calculated based on data provided by the Brand or its tracking systems and validated by Burst. Burst's validation is final and binding for payout purposes.
Affiliate earnings are subject to the same thirty percent (30%) platform fee described in Section 11.1, unless otherwise stated in the campaign terms.
If a sale is refunded, cancelled, disputed, or identified as fraudulent, the corresponding affiliate compensation may be reduced, reversed, or withheld, even if previously displayed as pending or payable.
Participation in affiliate campaigns does not guarantee earnings. Compensation is entirely dependent on verified performance.
These Terms and any disputes arising from or in connection with them shall be governed by and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions.
Any disputes arising from or related to these Terms, including but not limited to matters concerning licensing, payments, termination, or platform use, shall be subject to the exclusive jurisdiction of the Copenhagen District Court (Københavns Byret), Denmark.
If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will remain in full force and effect. Changes to these Terms will not apply retroactively unless required by law.
If you have questions, concerns, or need more information regarding these Terms, please contact Burst customer support:
Email: support@burstcreators.com
Burst Platform ApS, Flæsketorvet 68, 1. sal, 1711 København, Denmark
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