Terms & Conditions

2.1 Creator Information

By purchasing services or accepting brand deals through Media Labs, you agree to provide us with accurate personal information, including but not limited to:

• Full name
• Address
• Age
• Social media account names
• Gross Merchandise Value (GMV) generated via social media platforms

You agree that we may share this information with Brands as reasonably necessary for the execution of campaigns, collaborations, or brand deals. We handle your information as described in our Privacy Policy.

2.2 Spark Codes and Content Usage

Once accepted into a brand deal, you agree to provide spark codes for the videos created as part of the campaign. You further agree that the content created under retainer agreements with Brands may be used by those Brands for:

• Spark ads on TikTok
• Advertisements across all other social media platforms (Facebook, Instagram, YouTube, etc.)

You grant Media Labs a worldwide, non-exclusive, perpetual right to use, reproduce, distribute, and display the content you produce for any campaigns under a retainer agreement, including granting Brands the right to use such content for advertising purposes.

2.3 Non-Circumvention and Non-Solicitation

During your relationship with Media Labs and for one (1) year after it ends, you agree not to: (a) solicit or engage other creators within the Media Labs community (for example, on Discord or other platforms) in a way that circumvents Media Labs for your own benefit; (b) contract directly with a Brand you were introduced to through Media Labs for the same kind of work, in order to avoid Media Labs, without our written consent; or (c) use Media Labs’ Confidential Information or community relationships to start or operate a creator community, agency or training program that competes with Media Labs.

Nothing in these Terms prevents you from creating content for any brand, using any platform, or working as a creator, except as stated in a separate signed agreement. These restrictions apply only to the extent permitted by the law that applies to you.

2.4 Confidentiality and Disclosure of Information

You agree not to disclose any confidential information shared within the Media Labs community (including Discord channels, communications, or campaigns) to any third parties without prior written consent (“Confidential Information”). This includes but is not limited to campaign strategies, client lists, financial data, and other proprietary information. Confidential Information does not include information that is or becomes public through no fault of yours, that you already knew without a duty of confidentiality, or that you are required by law to disclose. Nothing in these Terms prevents you from reporting possible violations of law to a government agency or from making disclosures protected by law. Under the Defend Trade Secrets Act, 18 U.S.C. § 1833(b), an individual is not liable for disclosing a trade secret in confidence to a government official or an attorney solely to report or investigate a suspected violation of law, or in a sealed court filing.

2.5 Ownership of Content

All content created by you under retainer campaigns remains your intellectual property; however, by accepting a brand deal, you grant Media Labs and the respective Brand a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, and display the content for commercial purposes, including in advertisements on social media platforms. You also agree to allow Media Labs and Brands to use your likeness, name, and performance in connection with the campaign and its promotion, and to allow Media Labs to describe the campaign and its results in its own marketing.

2.6 Disclosures and Content Standards

Content you create for a brand deal is advertising. You agree to:

• Clearly disclose your relationship with the Brand in every sponsored post, as required by the FTC’s Endorsement Guides (16 C.F.R. Part 255) and TikTok’s policies, including by turning on TikTok’s commercial content or branded content setting and using a clear disclosure such as “#ad” or “Paid partnership” that viewers will see without having to click “more.” Free products, commissions and payments are all relationships that must be disclosed.
• Only make claims about a product that reflect your honest experience and that the Brand has approved. Do not make health, medical, weight-loss, earnings or other claims that the Brand has not approved in writing.
• Follow TikTok’s Community Guidelines, TikTok Shop policies and applicable law, and not buy followers, views or other fake engagement.

We may review your content and ask you to correct or remove content that does not meet these standards. Payments for content that violates this Section may be withheld until it is corrected.

2.7 Memberships, Subscriptions and Payment Plans

Subscriptions: Subscriptions renew automatically each month and are charged to your payment method at the price shown when you subscribed until you cancel. You can cancel at any time through the platform you purchased on (for example, your Whop account) or by emailing hello@medialabs-co.com. To avoid being charged for the next billing cycle, cancel before your renewal date; cancellation takes effect at the end of the current billing period, and you keep access until then. Once a subscription has renewed, no refunds will be issued for that period except as stated in our Refund Policy. We will notify you before any price increase takes effect.

Payment Plans: By enrolling in a payment plan, you agree to pay the full amount of the course or service as specified in the plan. Payment plans are not subscriptions; they are commitments to pay for the product or service in installments over time.

Payment plans cannot be canceled, as they reflect your agreement to complete the full payment. However, if you are experiencing financial difficulties and need assistance, please contact an administrator in our community, email us, or, if you purchased through Whop, reach out to Whop support for further guidance.

2.8 Anti-Poaching Policy

Creators are prohibited from soliciting, recruiting, or attempting to divert other creators within the Media Labs community to join competing communities, platforms, or brands. This prohibition includes, but is not limited to:

• Direct outreach to creators for the purpose of recruiting them to another community or brand
• Promotion of alternative communities, brands, groups, or training offerings intended to take creators away from Media Labs
• Encouraging or facilitating creators to terminate or circumvent their relationship with Media Labs for the benefit of another business or brand

Any conduct that constitutes poaching or circumvention of Media Labs' relationships with its creators will be deemed a material breach of these Terms. In the event of such a breach, Media Labs reserves the right to:

• Immediately terminate or suspend the Creator's account and access to Media Labs services
• Retain any fees or payments previously made by the Creator to Media Labs for services already provided or made available (no refund)

Media Labs further reserves the right to pursue any additional remedies available under law or equity to protect its legitimate business interests, including injunctive relief and damages.

3.1 Confidentiality and Data Protection

As a Brand, you agree not to disclose any confidential information provided by Media Labs, its creators, or other clients to any third parties without prior written consent. Confidential information includes, but is not limited to:

• Personal details of creators (e.g., names, addresses, account details)
• Campaign performance data (e.g., GMV, engagement metrics)
• Media Labs' internal business processes and strategies

You agree to use creators’ personal information only to carry out the campaign it was provided for, to protect it with reasonable security measures, to comply with applicable privacy laws, and to delete it when it is no longer needed for that purpose.

3.2 Non-Solicitation of Creators

During the term of your engagement with Media Labs and for one year thereafter, you agree not to solicit, hire, or engage directly with any Creator that you were introduced to via Media Labs without our written consent. This clause aims to protect Media Labs' relationships with its creators.

3.3 Content Usage Rights

By accepting content from Creators under a retainer or other campaign, you agree to use such content only in accordance with the usage rights granted by the Creator and Media Labs. You acknowledge that all content created by Creators remains their intellectual property unless otherwise specified, and that Media Labs grants you a non-exclusive, worldwide license to use the content solely for the purposes of advertising on social media platforms. When you run creator content as advertising, you are responsible for keeping the disclosure of the creator’s relationship with you visible.

3.4 Data Sharing Restrictions

Brands are prohibited from sharing creator-related data (such as names, addresses, social media accounts, GMV, etc.) with any third parties, except where required for the fulfillment of campaigns and only with Media Labs' prior written approval.

3.5 Non-Circumvention

During your engagement with Media Labs and for one (1) year after it ends, you agree not to use Media Labs’ confidential information (including creator lists, rates, playbooks and campaign data) to create, fund or operate a service that competes with Media Labs, such as an agency or platform that facilitates creator-brand collaborations. This does not restrict you from running your own TikTok Shop, affiliate program or in-house creator team, subject to Section 3.2.

3.6 Products, Claims and Compliance

You represent and warrant that the products you ask us and our creators to promote are lawful, safe and accurately described; that they and their labeling comply with applicable laws and regulations (including FDA, FTC and CPSC requirements) and TikTok Shop policies; and that you have a reasonable basis (and, where required, competent and reliable scientific evidence) for every product claim you provide or approve. You are responsible for product quality, fulfillment, recalls and product liability. Media Labs and creators rely on the product information and claims you provide.

3.7 Brand Payments

By making a payment, the Brand acknowledges and agrees that, except as stated in its signed agreement or required by law, all payments are final and non-refundable. These funds are directly allocated to creators, brand campaign managers, and coaches to facilitate the production, management, and optimization of content for the Brand. If any issue arises with a charge, you agree to contact us first as described in Section 9.4 and to give us fifteen (15) business days to resolve it before initiating a chargeback or payment dispute. If you initiate a chargeback without doing so, or for services already provided, we may suspend services and recover the disputed amount and our reasonable costs of collection.

4.1 Fees and Charges

All fees for Media Labs services, including but not limited to creator hiring, campaign management, or subscription fees, must be paid in accordance with the terms specified at the time of purchase. You agree to provide accurate and up-to-date payment information and authorize Media Labs to charge the provided payment method for all fees due.

4.2 Refunds

All purchases are final and non-refundable except as stated in our Refund Policy, in a signed agreement, or as required by law. Media Labs may, at its sole discretion, issue refunds or credits for exceptional cases.

5.1 Media Labs' Intellectual Property

All content, including but not limited to text, graphics, logos, images, and software, provided by Media Labs on its website and platforms, is owned by Media Labs or licensed to us and is protected by intellectual property laws. You agree not to reproduce, distribute, or create derivative works from any of the Media Labs materials without express written permission.

5.2 TikTok

TikTok and TikTok Shop are trademarks of TikTok Inc. and its affiliates. Media Labs is an independent company and is not owned by, or acting on behalf of, TikTok. Your use of TikTok and TikTok Shop is governed by TikTok’s own terms and policies.

6.1 No Warranty of Results

Media Labs does not guarantee any specific outcome or level of performance from campaigns, collaborations, or the use of its services. You acknowledge that the success of any campaign is influenced by various factors, including but not limited to market conditions, social media algorithms, and creator performance. Forecasts, projections, estimates, calculators and case studies are illustrations based on assumptions and past results; they are not promises of future revenue or performance.

6.2 Disclaimer of Warranties

Except as expressly stated in a signed agreement, our websites, tools and services are provided “as is” and “as available,” and to the fullest extent permitted by law Media Labs disclaims all implied warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement.

6.3 Limitation of Liability

To the fullest extent permitted by law, in no event shall Media Labs be liable for any indirect, incidental, special, or consequential damages, or for lost profits or revenue, arising out of or related to your use of our services. Media Labs' total liability to any party, whether in contract, tort, or otherwise, shall not exceed the total amount paid by that party to Media Labs for services rendered in the twelve (12) months before the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud.

6.4 Indemnification

You agree to defend, indemnify and hold harmless Media Labs and its officers, employees and contractors from third-party claims, losses and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your violation of law, content you provide or create, or, for Brands, your products and the product information and claims you provide.

7.1 Termination by Media Labs

Media Labs reserves the right to terminate or suspend your account and access to services at any time for any reason, including but not limited to violation of these Terms or any applicable law, subject to any notice period in your signed agreement. In the event of termination, all licenses granted to you under these Terms shall immediately cease, except licenses to campaign content you have already paid for.

7.2 Termination by User

You may terminate your account at any time by providing written notice to Media Labs, subject to any minimum term or notice period in your signed agreement or payment plan. Upon termination, the provisions on confidentiality, content ownership and licenses, non-solicitation and non-circumvention, payment obligations, disclaimers, limitation of liability, indemnification and governing law shall survive.

9.1 Entire Agreement

These Terms, together with any signed agreement (as described in Section 1.2) and the policies referenced in these Terms, constitute the entire agreement between you and Media Labs about their subject matter.

9.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, it will be enforced to the maximum extent permitted and modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

9.3 No Waiver

Failure by Media Labs to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that or any other provision.

9.4 Mandatory Contact for Issues

All support, billing, or account-related issues must be directed to Media Labs at hello@medialabs-co.com. Failure to contact Media Labs through this official channel may result in delays or inability to resolve the issue. Media Labs cannot resolve issues it has not been told about, and you agree to give us a reasonable opportunity to resolve an issue before pursuing other remedies.

9.5 Honest Reviews

Nothing in these Terms restricts your right to post honest reviews, ratings or comments about Media Labs or our services, or to communicate with a government agency.

9.6 Assignment and Force Majeure

You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control, such as platform outages or changes to TikTok’s policies, except for payment obligations.

10.1 Program Description

The MediaLabs text message program sends appointment confirmations, reminders and updates about your enquiry, booking or account to people who provide their mobile number and agree to receive them. Consent to receive text messages is not a condition of any purchase.

10.2 Opt-Out

You can cancel the SMS service at any time by replying STOP. You will receive a confirmation message once unsubscribed. To rejoin, sign up again.

10.3 Help

For help, reply HELP or email hello@medialabs-co.com.

10.4 Carrier Liability

Carriers are not liable for delayed or undelivered messages.

10.5 Message Frequency

Message frequency varies. Message and data rates may apply.

10.6 Privacy

For privacy-related inquiries, view our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.