Terms of service

1. These terms

These terms are an agreement between you and First Gig LLC ("FirstGig", "we"). They apply to everyone who uses FirstGig, whether for a brand or as a creator, together with our privacy policy and, for creators, the rules of each program you join. By creating an account or using the service you accept them.

You must be 18 or older. Creators must be based in the United States at launch, and a creator's payouts need a Stripe account in their own name. A person who accepts these terms for a brand confirms they may bind that business.

2. Accounts

Keep your account details accurate and your password to yourself; what happens under your sign-in is your responsibility until you tell us it was compromised. A brand owner may invite team members and is responsible for what they do in the brand's account. One person, one account.

3. How the service works

A brand sets up a program: what it pays per approved video, per sale a video drives, or per dollar of ad spend on it, which products the program covers, and a brief. Creators join, make videos and submit them. The brand reviews each video and approves it, asks for a revision or declines it. From approval on, pay accrues under the program's rules, is collected from the brand by us once a week, and is paid to the creator's Stripe account.

The brand owes the creator. FirstGig collects what the brand owes as the brand's payment agent and passes it on, so a brand's payment to us settles its obligation to the creator for that amount. We do not advance money, and we do not guarantee a brand's payment; we pay out every dollar we have collected.

4. Brands: programs, approvals and the licence to content

Approving a video is the moment its pay is owed, and it is final: taking the approval back later changes nothing the creator earned. On approval you receive a non-exclusive, perpetual, worldwide licence to use that video in your own marketing, including paid advertising, your social channels, your website and your emails, with edits for format, length and captions. The creator keeps ownership and may show the work in their portfolio. The licence is suspended while any payout you owe is more than fourteen days overdue, and resumes when you have paid.

The rates of a live program can go up but never down. To pay less, archive the program and start a new one. Content made under a program's rules owes that program's pay wherever you use it, including in ads built outside the service.

Content you decline stays the creator's. You may not use it.

5. Brands: payments and fees

You must keep a valid payment method, a bank account or a card, saved through Stripe at all times while a program is live or anything is owed; it can be replaced but not removed. Once a week, on Monday, we charge that method for everything that became payable in the week before: the creators' pay, our platform fee, and the processing fee of the method you chose. You authorise these charges without further notice for each one.

The platform fee is 1.5% of attributed sales, 1.5% of flat pay (per video, retainers and bonuses) and 1.25% of ad spend, each on its own base and never stacked, with a minimum of $3 per creator paid in a weekly payout. Processing fees are passed through at cost as their own line: a bank debit costs 0.8% capped at $5 per payout; a card costs 2.9% plus 30 cents, capped at 3% of the payout. The card line is a surcharge for paying by card, which you avoid by paying by bank debit. Taxes on our fee, where they apply, are added to it.

A sale is credited to a creator when the shopper arrived through the creator's link within seven days of the order, read from your store's own order data and from our pixel in your store. The amount credited is the order's subtotal after discounts, before shipping and tax. A refund or cancellation within seven days of the order cancels or reduces the commission in proportion; after those seven days the commission stands and the refund is your cost. Ad-performance pay is computed from the spend we read from your connected ad account.

If a charge fails we retry it daily. From the first failure you cannot approve videos or create or resume programs, and creators cannot submit to you, until the balance is paid. After fourteen days your account is delinquent: your licence to program content is suspended and your ads are paused until you pay. A charge you dispute, or a debit your bank returns, after creators were paid from it is your liability together with the costs it causes.

6. Creators: your status, your pay and your obligations

You are an independent contractor, not an employee of any brand or of ours. You are responsible for your own taxes; Stripe collects your tax identity when you set up payouts and files the yearly form the law requires. You must set up your Stripe account before your first submission; if Stripe restricts your account, your payouts wait until it is fixed and nothing is lost.

Pay approved and past its hold by Monday is paid out of that week's charge to the brand: by bank debit it reaches your Stripe account about four business days later and your bank one or two days after that, by card the same week. Sale commissions are held for seven days after the order, ad-performance pay for two days, flat pay for none. A balance under $20 waits and is paid on the fourth weekly payout it has waited through, from $1 up. Leaving a brand changes nothing; the same rules pay what you are owed.

You never pay a fee to us, and nothing paid to you is ever taken back: a refund after a payout is the brand's cost. Inside the seven-day hold a refunded sale's commission is cancelled or reduced.

You warrant that the content you submit is your own work and cleared for the brand's use: music, people, locations and anything else that needs permission. When you post program content on your own channels you follow the FTC endorsement guides with a clear paid-partnership disclosure. Sales are credited through your tracked link; buying through your own link, sending fake traffic or paying for clicks is fraud and forfeits the earnings concerned. You accept a program's rules when you join it, and nobody moves you to another program without your acceptance. Questions about any of this: support@firstgighq.com.

7. Content and what we may do with it

Creators own their videos; brands own their briefs, logos and product information. Each of you gives FirstGig the licence it needs to run the service: to store, transcribe, display, stream and transmit your content to the people it is meant for, and to show a brand's name and logo to the creators in its programs. We do not use your content to promote FirstGig without asking. Suggestions you send us about the product may be used freely.

8. What you may not do

Using the service means not:

• uploading content you do not have the rights to, or that is unlawful, deceptive or harmful;
• faking sales, clicks or ad results, or buying through your own tracked link;
• scraping the service, probing its security, or using it to build a competing product;
• paying, or accepting payment from, someone you met through the service outside it to avoid our fee, for twelve months after the introduction;
• pretending to be someone else, or letting someone else use your account.

We may suspend or close an account that does any of this, and keep what the law allows of what it earned by fraud.

9. Copyright complaints

If you believe content on the service infringes your copyright, send a notice to support@firstgighq.com with: your contact details; the work you say is infringed; where the content is on the service; a statement that you believe in good faith the use is not authorised; a statement, under penalty of perjury, that the notice is accurate and that you are the owner or act for the owner; and your signature. We remove or disable the content and tell the person who posted it, who may send a counter-notice with the elements the Digital Millennium Copyright Act requires. Accounts that repeatedly infringe are closed.

10. Third-party services

Payments and payouts run on Stripe: brands accept Stripe's Services Agreement and creators the Stripe Connected Account Agreement when they set up. A connected Shopify store or Meta ad account is governed by those companies' terms as well, and by connecting one you allow us to read and act on its data as the service describes. We are not responsible for those services, but we only work with providers that meet the security and privacy standards our privacy policy describes.

11. Ending the agreement

You may close your account at any time by writing to us. For a brand, what is already owed is still charged, and the licences to approved content survive as section 4 says. For a creator, what is owed is still paid under section 6. We may suspend or close an account for a serious or repeated breach of these terms, for fraud, or for non-payment, with notice where that is practical, and we may end the service as a whole with 30 days' notice. Sections 4, 5, 6, 7, 12 and 13 survive the end of the agreement for as long as they have something to govern.

12. Disclaimers and limits of liability

The service is provided as it is. We do not promise that it will be uninterrupted or error-free, that a program will attract creators or sales, or that any third party, a brand, a creator, a store or an ad platform, will perform. To the extent the law allows, First Gig LLC is not liable for indirect, incidental, special or consequential loss, lost profits or lost data, and its total liability to you for any claim arising from the service in a twelve-month period is limited to the fees you paid us in that period, or $100 if you paid none. Nothing in these terms limits liability that the law does not allow to be limited.

13. Indemnity

You will defend and indemnify First Gig LLC against claims, losses and reasonable legal costs that arise from your content, your breach of these terms, or your violation of the law or of someone's rights, including a creator's failure to clear rights in a video and a brand's use of content beyond the licence it received.

14. Disputes and governing law

New York law governs these terms. If a dispute arises, write to support@firstgighq.com first and give us 30 days to resolve it with you. A dispute that is not resolved that way is brought in the state or federal courts in New York County, New York, and each of us accepts their jurisdiction. Either of us may seek an injunction in any court to protect intellectual property or confidential information.

15. Changes to these terms

When we change these terms we update the date at the top. For a change that affects pay, fees, licences or your rights, we tell account holders by email or in the product at least 14 days before it takes effect; continuing to use the service after that date accepts the change. A change to a program's rules follows section 4: rates on a live program never go down.

16. General

These terms, the privacy policy and the rules of the programs you take part in are the whole agreement between you and First Gig LLC about the service. If a part of them cannot be enforced, the rest still applies. We may assign this agreement to a successor of the business; you may not assign it without our consent. Notices to you go to the email address on your account; notices to us go to support@firstgighq.com or 41 Fireplace Lane, Hicksville, New York 11801, United States. Not enforcing a term once is not a waiver of it.