Terms of Service

1. Who we are and what Oterian is

Oterian is an online intermediation platform operated by Velnoa Partners LLC (30 N Gould St, Sheridan, Wyoming 82801, USA) that connects brands and agencies ("Brands") with content creators ("Creators") for the commissioning of user-generated content (UGC).

Oterian is not a party to the content-creation contracts formed between Brands and Creators: our role is to facilitate campaign publishing, invitations, content delivery and review, and the settlement of payments through the platform wallet.

2. Accounts and verification

To use the platform you must create an account with accurate information and keep it up to date. You are responsible for the confidentiality of your credentials and for all activity under your account.

Creators must verify at least one social account to appear in the catalog. Verification is reviewed manually and may be revoked if we detect that the account does not belong to the Creator or that metrics have been manipulated.

3. Wallet and balance

Brands top up their balance via card payment processed by Stripe. The balance becomes available in the platform wallet and is used exclusively to pay for orders within Oterian; it is not general-purpose electronic money and does not accrue interest.

When an invitation is accepted, an order is created and the corresponding amount is held from the Brand’s balance. If the order is cancelled before approval, the held amount returns to the Brand’s wallet.

The Creator’s balance is credited at the moment the Brand approves the delivery.

4. Pricing and platform fee

The price the Brand sees and pays per Creator already includes Oterian’s platform fee. The rate published by the Creator is their net price: the amount credited to their balance when the order is approved.

The platform fee remunerates the intermediation, verification, balance custody and support services, and is non-refundable once the order is approved.

5. Withdrawals

Creators may request withdrawal of their available balance by providing a valid payout method (e.g. bank transfer or PayPal). A minimum withdrawal amount applies, as indicated on the platform.

All withdrawals undergo manual review before payment, as a fraud-prevention and compliance measure. We may request additional identification or tax information where required by law. A rejected withdrawal releases the balance back to the Creator’s wallet.

6. Content and usage rights

The Creator warrants that the delivered content is original, does not infringe third-party rights and complies with the campaign brief and applicable law, including rules on commercial communications.

Unless otherwise agreed in the campaign brief, upon approval of the delivery the Creator grants the Brand a worldwide, non-exclusive licence to use the content in the channels and for the periods described in the brief. The Creator’s moral rights, where non-waivable under their applicable law, remain unaffected.

Oterian may retain copies of delivered content for evidentiary, dispute-resolution and audit purposes.

7. Prohibited conduct

The following is prohibited: circumventing the platform to close off-platform deals that started on Oterian in order to avoid the fee; publishing false or artificially inflated metrics or audiences; delivering unlawful, defamatory, misleading or infringing content; using the platform for money laundering or any illegal activity; attempting to access other users’ accounts or data; and reverse engineering or attacking the service infrastructure.

Breach may lead to suspension or termination of the account and, where applicable, to withholding funds linked to fraudulent operations while they are investigated, within legal limits.

8. Disputes between Brands and Creators

If a Brand rejects a delivery it must state the requested changes. The Creator may redeliver. If the parties fail to reach an agreement, Oterian may review the order and decide, in good faith and in accordance with the brief, whether the held amount is credited to the Creator or returned to the Brand.

9. Liability

Oterian provides the service "as is" and does not guarantee commercial results of campaigns or uninterrupted availability of the platform, without prejudice to our reasonable maintenance commitment.

To the maximum extent permitted by law, the total liability of Velnoa Partners LLC towards a user is limited to the platform fees received from that user in the 12 months preceding the event giving rise to the claim. Nothing in these terms limits liability that cannot legally be limited, nor the mandatory rights of consumers.

10. Governing law and jurisdiction

These terms are governed by the laws of the State of Wyoming, United States, and disputes shall be submitted to the competent courts of that state.

The above is without prejudice to the mandatory consumer-protection rules of the user’s country of residence: if you reside in the European Union you retain the protection of provisions that cannot be derogated from by contract under your national law, as well as the possibility of bringing proceedings before the courts of your domicile where the law grants it.

11. Changes

We may amend these terms for legal, technical or operational reasons. Material changes will be announced at least 15 days in advance by email or within the platform. Continued use of the service after the effective date constitutes acceptance of the new terms; if you disagree, you may close your account and withdraw your balance in accordance with Section 5.