Terms of Use

Apex Inc (apexinc.com.au) and Creator Hub (creatorhub.com.au) Operated by APEX CREATORS PTY LTD (ABN 95 672 091 655, ACN 672 091 655)

Effective date: 30 October 2026

1. Who we are and what these terms cover

1.1 These terms are between you and APEX CREATORS PTY LTD (ABN 95 672 091 655, ACN 672 091 655) of 2/13-15 Wentworth Ave, Darlinghurst NSW 2010, Australia (“we”, “us”, “our”).

1.2 We operate two services: - Apex Inc (https://www.apexinc.com.au), a talent agency that represents and manages creators and connects them with brands (see Schedule A); and - Creator Hub (https://www.creatorhub.com.au), a platform where brands commission user-generated content (UGC) from creators, and where creators can connect their Instagram and TikTok accounts to share audience and performance data (see Schedule B).

1.3 “You” means anyone who visits our websites, creates an account, connects a social media account, or uses our services, whether as a creator, a brand (or its agency), or a visitor.

1.4 By using our websites or services, you agree to these terms and to our Privacy Policy (https://www.creatorhub.com.au/privacy). If you do not agree, please do not use them. If you and we sign a separate written agreement (for example a campaign agreement or talent management agreement), that agreement applies first if there is a conflict.

1.5 Both Apex Inc and Creator Hub are operated by APEX CREATORS PTY LTD.

2. Who can use our services

2.1 You must be at least 18 years old and able to enter into a binding contract. Anyone under 18 can only take part through a parent or guardian, who must accept these terms on their behalf and is responsible for their use of our services.

2.2 If you use our services for a business, you confirm you have authority to bind it.

2.3 The information you give us must be accurate and current. You must keep your login details secure and tell us at once if you think your account has been misused. You are responsible for activity on your account.

3. Your account and our services

3.1 We may suspend or close an account if you breach these terms, give us false information, put our systems or other users at risk, or if we are required to by law or by a platform such as Meta or TikTok. Where we reasonably can, we will tell you why and give you a chance to fix the issue first.

3.2 You may close your account at any time by emailing us. Closing it does not cancel campaigns already agreed or amounts already owing.

3.3 We aim to keep our services available but they may be interrupted for maintenance or reasons outside our control.

4. Connecting Instagram, Facebook and TikTok accounts

4.1 You can choose to connect your Instagram professional account, Facebook Page or TikTok account to Creator Hub. You do this through Meta’s or TikTok’s own login screens, where you see exactly which permissions we ask for. You can grant some permissions and not others.

4.2 When you connect an account: - you confirm that you own the account or are authorised to connect it; - you authorise us to access and store the data covered by the permissions you approve, and to use it as described in our Privacy Policy (for example to build your portfolio, create performance reports for you, and, if you agree, share those reports with brands you work with); - we will only use that data for those purposes, and will not sell it.

4.3 You can disconnect at any time by removing Creator Hub in your Instagram, Facebook or TikTok settings. You can also ask us to delete your data by following the steps at https://www.creatorhub.com.au/data-deletion.

4.4 We also use public data from Instagram (such as through business discovery and the Instagram Creator Marketplace API) to look up and assess creators for partnerships. We do not need those creators to log in to our app to do that, and the Privacy Policy explains how that data is used and deleted.

4.5 You must follow the terms and policies of the platforms you connect, including the Meta Terms of Service, Instagram Terms of Use and Community Guidelines, and TikTok’s Terms of Service and Community Guidelines. We are not affiliated with, endorsed by or sponsored by Meta or TikTok. Meta or TikTok may change or end their APIs or limit our access. If that happens, parts of our services may stop working, and we are not liable for that.

4.6 Data from Meta and TikTok is shown “as provided”. We cannot promise that metrics are complete or accurate, because they depend on the platforms.

5. Using our services acceptably

You must not: - break any law, or the rights of anyone else, including intellectual property, privacy and publicity rights; - post content that is false, misleading or deceptive, defamatory, harassing, discriminatory, sexually explicit, or that promotes violence or illegal activity; - buy followers, likes or views, use bots, or otherwise fake engagement or audience figures; - scrape, copy or collect data from our services except as we allow in writing, or use our services to build a database of other people’s information; - interfere with the security or operation of our systems, or try to get unauthorised access to accounts or data; - use Meta or TikTok data we show you for anything other than the purpose it was shared for, or share it further without the person’s consent; or - encourage anyone else to do any of these things.

Creators must follow the Australian advertising rules (including the AANA Code of Ethics, the AFA / AANA Best Practice Guideline for Influencer and Brand Ambassador Marketing, and the Australian Consumer Law) and clearly label paid or gifted content. [DECISION: the existing Apex terms already contain disclosure obligations; keep or adjust the wording.]

6. Intellectual property

6.1 We own the websites and our materials (including our logos, text, design and software). You may not copy or reuse them except as these terms allow.

6.2 You keep ownership of the content you create and upload (“your content”), except as Schedule A or B (or a campaign agreement) says otherwise. You give us a non-exclusive, royalty-free licence to host, display, reproduce and share your content in connection with running our services and promoting you and our services, while your account is open and for a reasonable period afterwards for archive and legal purposes. [DECISION: the existing Creator Hub terms assign all rights in all creator material to Creator Hub. The existing Apex terms assign rights only for “content only” campaigns. Choose the model in Schedule A and B.]

6.3 You confirm that your content is original or that you have the rights and permissions to use it (including music, people and products featured), and that it does not infringe anyone else’s rights.

6.4 [DECISION – MORAL RIGHTS: existing terms say creators waive moral rights. Under the Copyright Act 1968 (Cth), a moral rights consent should be given in writing, be specific to identified works or uses and be freely given. A blanket waiver may not be effective. Consider a specific consent per campaign instead.]

7. Payments, fees and tax

7.1 Prices, fees and commissions are set out in Schedule A, Schedule B or the relevant campaign agreement. Amounts are in Australian dollars and, unless we say otherwise, exclude GST. GST is added where it applies. Creators who are registered for GST must give us a valid tax invoice.

7.2 Late payment: [DECISION: both existing sets of terms charge a late fee of 10% per year (minimum $10 per month) on overdue brand invoices. Confirm and keep it only if it is a genuine pre-estimate of your costs. A flat penalty may be unenforceable.]

7.3 Creators are responsible for their own tax and superannuation. [DECISION: see Schedule A and B for payment timing, because the existing terms conflict. Apex pays creators about 7 working days after the brand pays and Creator Hub pays about 30 working days after the brand pays.]

8. Confidentiality

Each party must keep confidential any non-public information the other gives it (such as rates, briefs, unreleased products and campaign results), use it only for the purposes of the services, and not disclose it, unless the law requires it or the other party agrees in writing. This does not apply to information that is public or that the person already lawfully knew.

9. Privacy

We handle personal information as set out in our Privacy Policy. You must handle other people’s personal information that you receive through our services (for example a brand contact’s details or a creator’s performance report) in line with privacy law and only for the purpose it was provided.

10. Our liability

10.1 Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law (including the consumer guarantees) or any other law that cannot lawfully be excluded.

10.2 Subject to 10.1, and to the extent the law allows: (a) we provide our websites and non-contracted features “as is” and do not promise they will be error-free or always available; (b) we are not liable for any indirect or consequential loss, or any loss of profit, revenue, opportunity or data; and (c) our total liability to you for anything arising from our services is limited to [the fees you paid us in the 12 months before the claim / $[amount]]. For goods or services we supply that are not of a kind ordinarily acquired for personal, domestic or household use, our liability for breach of a consumer guarantee is limited, at our option, to re-supplying the services or paying the cost of re-supplying them, to the extent the law allows.

10.3 We are not responsible for what brands, creators, Meta, TikTok or other third parties say or do, or for the content of linked websites. Where you and a brand or creator contract with each other through us, you are responsible for meeting the terms agreed. [DECISION: existing terms contain very broad exclusions (for example “you will not find us accountable” and damages “as deemed by us”). These have been replaced with a fair, balanced clause because one-sided standard-form terms with small businesses can be void under the unfair contract terms law, and from November 2023 regulators can seek penalties.]

11. Your responsibility to us (indemnity)

You are responsible for, and must reimburse us for, loss we reasonably suffer because of your breach of these terms, your content infringing someone’s rights, or you giving us false information. This does not apply to the extent we caused or contributed to the loss. [DECISION: the existing terms contain broader indemnities, including an indemnity relating to social platforms. This draft narrows them.]

12. Changes, notices and general terms

12.1 Changes. We may update these terms. We will give at least [14] days’ notice of material changes by email or by a notice on the website, and the updated version applies after that notice period. If you do not accept the change, you can close your account before it takes effect without penalty. [DECISION: existing terms let us change terms without notice. This is a risk under unfair contract term rules.]

12.2 Notices. We may send notices to the email address on your account. You can send notices to hello@apexinc.com.au.

12.3 Governing law. These terms are governed by the law of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

12.4 Disputes. If there is a dispute, the parties must first try in good faith to resolve it by talking to each other for [14] days before starting court proceedings (except for urgent relief).

12.5 Entire agreement and severance. These terms (together with the Privacy Policy and any campaign or talent agreement) are the entire agreement on their subject. If any part is unenforceable, the rest still applies.

12.6 No waiver; assignment. If we do not enforce a right straight away, we have not given it up. You may not transfer your rights under these terms without our written consent. We may transfer ours to a related company or buyer of our business.

12.7 Independent contractors. Nothing creates an employment, partnership or agency relationship between us and any creator, except as Schedule A says about Apex acting as your agent. Creators are independent contractors and not our employees. [DECISION: the existing Creator Hub terms say “Members are employees of Creator Hub or our Brand partners” and then say Creator Hub need not pay annual leave, superannuation or withholding tax. The two ideas contradict each other and create a sham-contracting risk. This has been corrected. Check your classification and insurance position with your lawyer or accountant.]

13. Contact

APEX CREATORS PTY LTD (ABN 95 672 091 655, ACN 672 091 655) 2/13-15 Wentworth Ave, Darlinghurst NSW 2010, Australia Email: hello@apexinc.com.au Phone: 02 9931 2606

Schedule A: Apex Inc (talent agency) terms

[DECISION: this schedule is a short-form rewrite of the existing Apex “Terms of Use”. Keep the commercial terms you want and have a lawyer check them. The existing document is long, has numbering errors, and contains a stray reference to “KRAFTY” and “road rules” boilerplate that is removed here. Check the final text carefully.]

A1. Our role. For creators who sign with Apex Inc, we act as your agent and manager to find, negotiate and manage paid opportunities with brands. [DECISION: confirm if exclusive or non-exclusive.] We do not guarantee any number of bookings or any income.

A2. Brand bookings. When a brand books a creator through us, we confirm the key terms in writing (deliverables, usage rights, fee, dates). A booking is binding when both the brand and the creator confirm it in writing or by email. The brand must supply an accurate brief and approve deliverables within [X] business days.

A3. Creator obligations. You must deliver the agreed content on time and to the brief, follow the brand’s reasonable instructions, clearly label paid or gifted content and follow platform rules. You promise that your account and audience figures are genuine.

A4. Fees and payment. The brand pays us the campaign fee. We pay the creator the agreed creator fee [DECISION: the existing Apex terms say Apex “is a cost of goods service and is non-commissionable”, so no agency commission percentage is stated. If you take a commission or service fee from creators, state the percentage here or refer to the signed management agreement]. The existing terms say creators are paid by bank transfer about 7 working days after the brand pays, and brands must pay within 14 days of invoice (7 days by card). [DECISION: confirm.]

A5. Brand payment and late fees. Brands must pay our invoices by the due date. [Late-fee wording to be confirmed under 7.2.] If a brand does not pay, we may pause work on the booking.

A6. Usage rights and IP. [DECISION: the existing Apex terms say rights in sponsored posts stay with the influencer, but rights in “paid content” (content-only campaigns) are assigned on payment in full under the booking form. Confirm you want to keep that split. Also check the existing licence clause that refers to “marketing and promoting KRAFTY” and remove it.]

A7. Dealing directly (“non-circumvention”). Brands and creators must not agree campaign terms or payment outside our service for a campaign we introduced. If they do, we may remove them from future campaigns and, for [6] months after the introduction, recover the fees we would reasonably have earned. [DECISION: the existing Apex terms say circumvention results in removal from the service. The existing Creator Hub terms add a six-month restriction and possible compensation. A lawyer should check this for restraint of trade and unfair contract terms.]

A8. Cancellations. If a brand cancels after confirming, we may charge cancellation fees of [X% of the fee if cancelled more than 7 days before the shoot; X% after] and the creator keeps what was reasonably earned. [DECISION: existing terms allow broad discretion on cancellations. Insert a fair scale.]

A9. Credit check. Brands who ask for credit terms agree we may carry out a credit check, with your consent at the time. [DECISION: confirm you want this.]

A10. Platform terms. The creator must follow the terms of the platform they post on. [The existing clause making creators “agree to be bound” by platform terms, and indemnify the platforms, has been removed because we cannot bind creators to a third party’s contract.]

Schedule B: Creator Hub (UGC platform) terms

[DECISION: this schedule is a short-form rewrite of the existing Creator Hub “Terms of Use”. Keep the commercial terms you want and have a lawyer check them. The existing document names the wrong legal entity, mentions “Looksee”, links to the wrong domain (creatorhub.au) and is very one-sided.]

B1. What Creator Hub does. Creator Hub lets brands post briefs and creators apply to make content (for example videos, photos and reviews) for them. We also provide tools for creators to connect their social accounts and share performance reports.

B2. Creators (“members”). Members are independent contractors, not employees of Creator Hub or any brand. Members choose which briefs to take on.

B3. Briefs and approval. A brief is accepted when the member confirms through Creator Hub. The member must deliver content that meets the brief by the deadline. The brand must give feedback within [X] business days, and may ask for [1–2] rounds of reasonable revisions. [DECISION: existing terms let Creator Hub reject or amend content at “absolute discretion”. Replace with an objective test: content that does not follow the brief or breaks the rules.]

B4. Fees and payment. Brands pay Creator Hub the campaign fee. We keep a platform fee/commission of [XX]% and pay the member the balance within [X] business days after the brand pays [DECISION: existing terms say about 30 working days after the brand pays. Consider whether a shorter time is fairer and consistent with Apex’s 7 working days]. Fees for late or missed deliveries: [DECISION: the existing terms allow forfeiting the entire fee for missed deadlines. Consider a proportionate approach, because heavy penalties can be unenforceable.]

B5. Ownership and usage. [DECISION: existing terms assign all intellectual property in member content to Creator Hub (and presumably on to the brand), with a blanket moral rights waiver. Choose between: (a) assignment of ownership to the brand on payment in full; (b) a licence to the brand for a specified period, channels and territory (for example paid social ads for 12 months); with an extension fee. For (a), ensure creators clearly understand this before accepting a brief.]

B6. Brand obligations. Brands must give accurate briefs, any product samples, and necessary approvals, must not ask for unlawful or misleading content, and must pay on time. Brands must not use creator content beyond the rights paid for.

B7. Cancellations. Either side can cancel a brief before the member starts work without charge. If the brand cancels after work has started, it pays for work completed [DECISION: set a fair scale. The existing terms prohibit cancellation without written approval].

B8. Performance data. Member performance reports come from the platforms the member connects. A member decides whether a brand sees them. Brands may only use reports for the purpose of the campaign, must keep them confidential, and must not copy or pass them on.

B9. Using AI tools. [DECISION: if Creator Hub offers AI features (for example script suggestions), add: AI-generated suggestions may be inaccurate; the member is responsible for checking them and for what they publish; we do not give Meta or TikTok data to third-party AI providers unless the Privacy Policy says so.]

This document is a general draft and is not legal advice.