Terms of Service

1. These terms

These terms are an agreement between you and acabo (“acabo,” “we,” “us”). They cover acabo.ai, the acabo apps and everything we offer through them (together, “acabo”). By signing up or using acabo, you agree to them. Please also read our Privacy Policy.

There are two kinds of members. Creators make videos. Brands post briefs and use the videos they accept. Agencies that run ads for brands count as brands. If you sign up for a company, you confirm you’re allowed to bind it to these terms.

2. Where acabo is today

acabo is just opening. Signing up puts you on our list, and we’ll contact you as briefs and programs open. The parts of these terms about briefs, submissions and payments apply once you use those features.

Each brand’s program can set its own details, like rates, deadlines and how long a brand can use the work (“Program Terms”). You’ll see them before you join a program. Program Terms can add to these terms. They can’t take away anything these terms give creators.

3. Who can join

• You must be at least 13 years old.
• If you’re under 18, or under the age of majority where you live, a parent or guardian must agree to these terms for you, and is responsible for your use of acabo. We’ll verify their consent before you can submit work or get paid.
• Give us true information and keep it up to date. One account per person.
• Keep your login safe. You’re responsible for what happens in your account.
• You can’t join if the law bars you from using acabo, or if we’ve removed you before.

4. How acabo works

• Brands post briefs. Creators send in videos. Brands review them and accept or reject each one.
• Slots. We limit how many videos each creator can send per brief. Approvals and sales earn more slots, and rejections can cost slots. We decide how slots work and how work is shown to brands, and we may change that over time.
• Creators are independent. They aren’t employees, agents or partners of acabo or of any brand, and they decide how and when they work.

We run the platform, the tracking and the payments. We don’t promise any amount of work, earnings, submissions or sales to anyone.

5. Your videos (creators)

You keep your rights

Between you and acabo, you keep whatever rights you have in what you submit. We don’t take ownership of your work. Under current US law, footage made purely by AI may not be protected by copyright. So these terms and the Program Terms set out what you and the brand can each do with your videos, whatever copyright covers.

What you promise

For everything you submit, you promise that:

• you made it, or you have every right needed to submit it and license it as these terms describe
• the AI tools you used allow commercial use and let you pass the output on to clients. Use paid plans where a tool requires them, and no watermarks.
• it uses no real person’s face, voice, name or likeness without their written permission, and a parent’s permission if they’re a minor
• it uses no logo, character, brand, music, footage or other material that isn’t yours unless you have the rights. You tell the brand about any limits on that material.
• it follows the brief and the law, including truth-in-advertising rules like the FTC’s, and the rules of the platforms the ad will run on, such as AI disclosure labels
• it makes no false claims about a product, and doesn’t present fake people as real customers giving real reviews
• it isn’t hateful, sexual, violent, harassing or otherwise harmful, and never involves the sexualization of minors

Review, acceptance and withdrawal

Until a brand accepts and pays for a video, it may only view the video inside acabo to decide. If it rejects a video, it gets no rights to it and owes nothing for it, unless the Program Terms say otherwise. You can withdraw a video any time before it’s accepted.

The license a brand gets

When a brand accepts your video and pays what’s due, you give that brand a worldwide, non-exclusive license to use, edit, adapt and run it in advertising and marketing, within the Program Terms. The brand can pass this license to its agencies and partners for that purpose. How long the license lasts depends on how you’re paid:

• Flat fee: once paid, the license is permanent and can’t be revoked.
• Commission (a share of sales, per order, or on ad results): the license lasts as long as the brand keeps paying the commissions it owes. If it stops and doesn’t fix that within 14 days of notice, we may end the license. The brand must then take down ads using the video within 5 business days.

The license is non-exclusive unless the Program Terms say otherwise. AI tools can produce similar results for different people, so neither acabo nor creators can promise that no one else will make something similar.

What acabo may do with your work

You give acabo a worldwide, royalty-free license to store, process, review and show your work as needed to run acabo. You also let us show accepted work, with your creator name, on acabo’s site and in our marketing, unless the Program Terms keep it confidential or you ask us to stop. You can show your accepted work in your own portfolio, unless the Program Terms keep it confidential.

Performance data

Data about how videos perform belongs to acabo. That includes views, clicks, sales and approvals. We may use it in combined or de-identified form to improve acabo, for example to learn which styles sell which products.

6. Your briefs and ads (brands)

• Your briefs must be accurate and legal. You must have the rights to the brand names, logos, product images and materials you give creators.
• You’re responsible for your products, the claims made about them in your ads, and following the law and ad platform rules where your ads run.
• Acceptance. You accept a video by clicking Accept or Approve, or by using it anywhere: an ad, a post, a page or an email, whichever comes first. Using a video before you’ve accepted and paid for it breaks these terms. It also counts as acceptance, so the fees become due right away.
• Tracking. Run acabo videos only through ad accounts you’ve connected to acabo, and keep them connected during the program and for 12 months after. Don’t remove or get around the tracking codes on acabo videos. Using a video outside connected accounts counts as acceptance, and we may charge the fees and commissions that use would have earned. To enforce this, we may compare videos with other ads, including by automated similarity checks.
• Ad spend. You pay ad platforms directly from your own ad accounts. acabo never holds your ad budget.
• Samples. If you send creators product samples, the program’s rules apply. A creator who gets a sample and doesn’t deliver by the deadline must return it or repay its value if you ask.

7. Fees and payments

How creators are paid

Each brand chooses how it pays creators in each program: a flat fee per accepted video, a share of sales, an amount per order, pay based on ad results, retainers, bonuses, or a mix. The Program Terms show the rates and how results are counted.

What brands pay

• The creator pay in each program, plus acabo’s platform fee as shown in acabo when you set up the program, plus payment processing fees and taxes.
• You authorize us and our payment provider to charge your payment method for these amounts. That includes adjustments, chargebacks and refunds.
• Flat fees are charged when you accept a video. Commissions build up as results happen under the program’s rules. We charge them at least monthly, and each statement shows the program, creators, period and amount.

acabo collects and pays

acabo collects payments from brands and pays creators. Creators appoint acabo as their limited agent to receive these payments. Once a brand has paid acabo, its debt to the creator for that amount is settled. We pay creators from what brands pay us. We aren’t responsible for amounts a brand fails to pay, but we’ll work to collect them.

Rates are locked

Once a creator joins a program, the brand can’t lower that creator’s rate within that program. A brand can start a new program with new rates, and creators can choose whether to join it.

Adjustments

Earned commissions can be reduced only for refunded or cancelled orders, confirmed fraud or manipulation, clear errors, or chargebacks if the Program Terms include them. Any adjustment shows up in the next payout.

Tracking

Each program counts results either with acabo’s tracking (the last click on an acabo ad before a purchase) or with what the ad platform reports. No tracking is perfect. We calculate what’s owed in good faith from our records, subject to the dispute rule below.

Payouts and taxes

• Creators are paid through our payment provider, on the schedule in the Program Terms. You must finish its sign-up and identity checks.
• We may set a minimum payout. Smaller amounts roll over to the next payout.
• If you’re under 18, payouts may need to go to an account held by your parent or guardian.
• We may hold a payment while we look into fraud, a dispute or a legal requirement.
• You’re responsible for your own taxes. We may ask for tax forms (like a W-9 or W-8BEN) and withhold amounts where the law requires.

Disputes about money

Tell us about any problem with a charge or payout within 30 days of it, through acabo or at hello@acabo.ai. After that, it’s treated as final as far as the law allows.

8. Don’t go around acabo

While a program is running and for 12 months after, brands and creators who met through acabo must not work together outside acabo in a way that avoids acabo’s fees, unless we agree in writing. This doesn’t apply to relationships that clearly existed before acabo. If it happens, you agree to pay acabo the fees we would have earned.

9. Using acabo fairly

You agree not to:

• make fake accounts, fake submissions, fake orders or fake results
• scrape, copy, reverse engineer or overload acabo, or try to get around its security or limits
• harass, threaten or deceive other members
• use other members’ contact details or data for anything but acabo work
• upload malware, or use acabo to break the law or anyone’s rights

10. acabo’s property

The acabo name, logo, site, apps and software belong to us. We give you a limited, personal right to use acabo under these terms, and that’s all. If you send us ideas or feedback, we can use them freely without paying you.

11. Leaving, suspension and ending

You can stop using acabo and close your account at any time. We can suspend or close an account, remove content or hold payments if we reasonably believe someone has broken these terms or the law, or put members or acabo at risk.

Some things continue after an account closes:

• licenses already paid for
• fees and commissions already owed, including on ads still running
• the 12-month rule against going around acabo
• the promises, disclaimers, limits and indemnities in these terms

12. Disclaimers

acabo is provided “as is” and “as available.” As far as the law allows, we make no warranties, express or implied, including about merchantability, fitness for a purpose and non-infringement. We don’t promise that any video will be accepted, approved by an ad platform or sell anything. We don’t promise any level of earnings or results, or that acabo will always be available or error-free. We aren’t responsible for third-party AI tools, ad platforms, stores or payment providers, or for anything members agree among themselves outside acabo.

13. Limits on our liability

As far as the law allows, acabo isn’t liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for any claim about acabo is capped at whichever is greater: the platform fees you paid acabo in the 12 months before the claim, or US$100. Some places don’t allow these limits, so they may not all apply to you.

14. Your responsibility for claims

You’ll defend and hold harmless acabo and its people from claims, losses and costs, including reasonable legal fees, that come from: your content, briefs, products or ads, your breaking these terms, or your breaking the law or someone else’s rights.

15. Rights complaints

If you believe something on acabo uses your work, face, voice or brand without permission, email hello@acabo.ai. Include what it is, where it is, and why you have the rights to it. We’ll review it and may remove it.

16. Changes to these terms

We may update these terms as acabo grows. If a change matters, we’ll tell you by email or on the site before it takes effect. If you keep using acabo after that, you’ve accepted the new terms. Changes never reduce payment for work already accepted, or lower a rate already locked in a program.

17. Law and disputes

If something goes wrong, email hello@acabo.ai first, and give us 30 days to try to sort it out together. These terms are governed by the laws of [State], setting aside its conflict-of-laws rules. Any dispute will be handled by the state or federal courts there, unless the law where you live gives you the right to bring it locally.

18. The rest

• These terms, the Program Terms and our Privacy Policy are the whole agreement between you and acabo about acabo.
• If any part can’t be enforced, the rest still applies.
• If we don’t enforce something right away, we can still enforce it later.
• You can’t transfer these terms without our OK. We can transfer them, for example if acabo is sold or merged.
• We can contact you by email, or inside acabo.
• We aren’t responsible for delays caused by things outside our reasonable control.

19. Contact

Questions about these terms? Email hello@acabo.ai.