Terms of Service

Swiplay acts as an intermediary in its own name on services pursuant to Article 256 V of the French General Tax Code. From a contractual standpoint, the studio contracts with Swiplay and the creator contracts with Swiplay; there is no direct contractual link between the studio and the creator.

In practice: the studio receives its VAT-inclusive invoices exclusively from Swiplay (one at activation, then one per top-up where applicable, plus a closing credit note for any unspent budget), and Swiplay issues, on the creator’s behalf, the self-billing invoices under the mandate set out in section 6.2.

Payment flows are operated by Stripe (see 3.3); Swiplay does not hold client funds in its own books.

Payments are operated by Stripe (Stripe Technology Europe Ltd), which handles the safeguarding of funds and the regulatory identity verifications applicable to payment recipients.

Acceptance of these Terms is materialised by an explicit click on signup, recorded in a timestamped, traceable acceptance log. For Studios (business users within the meaning of Regulation (EU) 2019/1150), any change to these Terms is notified at least 15 days before it takes effect, and the Studio may terminate before that date. Continued use beyond 30 days without response is treated as tacit acceptance of non-material changes; material changes always require a new explicit click.

These Terms are entered into for an indefinite period. Either party may terminate at any time by closing its account, subject to the settlement of outstanding amounts and to the retention obligations described elsewhere. Swiplay may suspend or terminate an account, with or without notice depending on severity, in case of breach of these Terms, fraud, abusive chargeback (cf. Studios), or non-compliance with anti-money-laundering rules.

Users undertake not to: (a) circumvent the marketplace by contacting the counterparty off-platform to bypass the commission, (b) submit fraudulent, misleading, illegal, defamatory or infringing content, (c) impersonate another person or entity, (d) attempt to compromise the platform's security or integrity, (e) use the service for purposes contrary to its destination as a B2B UGC marketplace, (f) artificially inflate the performance metrics of any content (views, interactions) by any means.

The Creator retains full ownership of every video they produce. By submitting a video to a Campaign, the Creator grants the Studio, through Swiplay, a non-exclusive licence within the scope set by the campaign brief: permitted channels (repost, paid media, TV, OOH), duration, exclusivity (if any), modification rights, geographic scope. The licence is not tacit: if the brief does not specify a given right, that right is not granted. Any use beyond this scope requires a separate agreement, negotiated through Swiplay. The Creator further authorises Swiplay to host, reproduce and display the submitted content (including thumbnails and links) within the platform, solely for the purpose of providing the service.

Swiplay acts as the advertiser vis-à-vis the Creator within the meaning of French law n° 2023-451 of 9 June 2023. Each Creator remains solely responsible for including the advertising disclosures required by their jurisdiction of residence (law of 9 June 2023 in France, FTC Endorsement Guides in the United States, ASA CAP Code in the United Kingdom, and equivalents elsewhere) on every published asset.

Each party undertakes to keep confidential the non-public information of the other party. The processing of personal data is governed by the dedicated Privacy Policy available at /legal/privacy.

These Terms are governed by French law. Any dispute shall be subject to the exclusive jurisdiction of the competent French courts, after a 15-business-day amicable phase opened by written notice to contact@swiplay.com. For Studios (business users under Regulation (EU) 2019/1150), two mediators may be used for the out-of-court settlement of disputes: the Médiateur des entreprises (free public service, mediateur-des-entreprises.fr) and the CMAP (Centre de Médiation et d’Arbitrage de Paris, cmap.fr).

On signup, the Studio provides accurate company information (legal name, registration number / SIRET, intra-community VAT number, country, full address, legal representative). Swiplay verifies registration details and EU VAT numbers against the official French and European registers, and may submit the account to a manual review. The Studio undertakes to keep this information up to date and to provide any supporting document requested by Swiplay within 15 business days.

Minimum media budget per campaign: 2,000 € HT. Net floor RPM: 5 € per 1,000 views (creator-side). The Swiplay commission is tiered and integrated in the all-in price the Studio pays: 25 % for media budgets below 5,000 € HT, and 20 % for budgets of 5,000 € HT and above. Swiplay may apply a lower promotional rate for limited periods; the rate actually applied is shown on each invoice.

The rate applicable to each payment (creation or top-up) is determined by the tier of the cumulative total budget at the time of that payment; slices already paid are never retroactively recomputed. The commission is fully earned by Swiplay at campaign launch and is non-refundable, including in the event of partial under-delivery (cf. 5.6).

Campaigns are pre-funded: the VAT-inclusive amount is fixed at campaign creation and due before the campaign goes live.

Because Swiplay is the contractual seller vis-à-vis the Studio, the Studio invoice follows the VAT regime of the Studio:

• The Studio invoice follows the VAT regime of the Studio country: French VAT at 20 % for a French Studio, reverse-charge for an EU Studio with a valid intra-community VAT number, export exemption for a Studio outside the EU.
• The applicable regime and the corresponding mention are shown on each Studio invoice.
• A Studio established in the EU outside France must provide an intra-community VAT number; it remains solely responsible for the validity and accuracy of that number and for the tax consequences of an incorrect declaration.

The Studio remains responsible for self-assessing VAT in its country where the reverse-charge regime applies.

Submissions go live immediately: there is no prior validation window and the Studio does not approve or refuse individual submissions. Moderation operates after the fact, by report. During the six days following a submission, the Studio may report it on any motive of the closed list. Past that window and while the campaign is still active, reporting remains possible but only on three restricted motives (proven fraud, artificial views, platform takedown).

Reports are limited to a closed list of motives (proven fraud, artificial views, platform takedown, plagiarism, illicit content) plus a written justification. Every report is arbitrated by Swiplay within 48 business hours (week-ends excluded), who is the sole and final arbiter; this safeguard exists to protect Creators against abusive reports.

Repeated unfounded reports may result in temporary suspension of the Studio account.

Abusive chargeback prohibition: the Studio commits not to initiate a bank chargeback on a campaign payment to replace the contractual dispute procedure described here. Any chargeback initiated without prior contact with Swiplay (15-business-day amicable phase) constitutes a material breach and authorises Swiplay to terminate the contract and to seek damages.

If the forecast Validated Views are not reached by the end of the campaign, Swiplay refunds to the Studio the unconsumed share of the creator-side budget, all taxes included (the corresponding credit note breaks the refunded amount down into pre-tax and VAT following the regime of the original invoice: 20 % France, 0 % EU reverse-charge / export). The Swiplay commission, which is encashed up-front and earned at launch, is not affected by under-delivery and is not refunded.

Partial refunds outside the unconsumed-views case are only granted in exceptional circumstances validated by Swiplay (technical error, force majeure, proven creator fraud).

Strict budget cap and pro-rata allocation: a campaign never pays out beyond its creator-side budget. When, over a given measurement window, the total earnings owed to the participating Creators for their new Validated Views exceed the remaining budget, each Creator is credited pro rata to the new views they produced during that window, within the strict limit of the remaining budget (no overspend). Earnings are therefore allocated in proportion to actual views rather than on a first-come, first-served basis.

Swiplay will comply with the timeline of the French electronic-invoicing reform and will issue invoices in the required formats at the applicable deadlines. The Studio undertakes to be reachable on an approved platform (Plateforme Agréée) so that Swiplay can deliver invoices in compliance.

Swiplay is the contractual counterparty of the Studio and a trusted technical third party. Swiplay shall not be held liable for the editorial outcome of a campaign in terms of sales, installs, ROAS, nor for the non-performance of a given Creator, nor for chargebacks initiated outside the contractual dispute procedure. Swiplay's liability is capped at the greater of (i) the Swiplay commission actually paid for the campaign in question and (ii) the commission that would have resulted from applying the standard tiered rate set out in section 5.2 to the media budget of that campaign, excluding any promotional rate.

Any natural person of legal age, or any legal entity (company), may sign up as a Creator regardless of their country of fiscal residence, subject to compliance with these Terms, to the absence of an active sanction-list match, and to Stripe Connect Express being available in the Creator's country of residence. A Creator registering as a company selects the « company » legal structure during onboarding and provides its registration number (SIREN/SIRET) and, where applicable, its VAT number; the self-billing invoices are then issued in the company's name with the applicable VAT. French residents, EU residents outside France, and non-EU residents are all accepted.

The Creator must complete their billing information and then the Stripe Connect Express onboarding (KYC, bank account, and the fiscal identifier required by Stripe for their country) before applying to any campaign or submitting any content.

Until the Stripe Express onboarding is complete, the platform refuses applications and content submissions. Once it is complete, Swiplay generates any pending self-billing invoice and the Creator can immediately apply to campaigns and withdraw.

The Creator account stays usable for browsing campaigns and editing identity information at any time, but the earning surface (application, submission, withdrawal) is gated on the Stripe Express onboarding being complete.

By ticking the mandate consent checkbox at signup, you authorise Swiplay to issue, in your name and on your behalf (or in the name and on behalf of your company if you register as a legal entity), the invoices relating to the revenue you receive on the platform under the provisions applicable to your country of fiscal residence:

• France: article 289 I-2 of the Code Général des Impôts.
• Other EU countries: article 224 of VAT Directive 2006/112/EC and the national law transposing it.
• Non-EU countries: civil-law mandate of representation governed by these Terms.
• The mandate covers the income you receive on the platform.
• The applicable regime is shown on each self-billing invoice.
• Invoices are issued in your name and on your behalf.
• You can revoke the mandate at any time by deleting your account.
• You remain responsible for declaring this income to the competent authorities.

This authorisation is valid for as long as your Swiplay account is active. You may revoke it at any time by deleting your account, without retroactive effect on invoices already issued. You undertake to notify Swiplay of any change of fiscal regime or country of residence within 7 days; failure to notify may trigger a retroactive correction of past invoices. You remain solely liable for declaring the income you earn on Swiplay to the competent authorities (URSSAF, income tax, VAT if applicable, or any equivalent outside France).

For French Creators, the VAT regime applied to the self-billing invoice depends solely on the Creator's own country and VAT status: Swiplay, established in France, is the fiscal counterparty of the self-billing invoice. It is resolved automatically and shown on each invoice:

• Under the franchise en base regime, no VAT is collected on the creator side.
• Under the standard VAT regime, French VAT is collected on the creator side.
• The regime applies regardless of the Studio country: the Studio side is invoiced by Swiplay under its own regime (cf. 5.4).
• The applicable mention (20 % VAT, or « TVA non applicable, art. 293 B du CGI ») is shown on each self-billing invoice.

EU Creators (non-FR)

For EU Creators outside France, Swiplay reverse-charges the intra-community VAT; the Creator declares the corresponding turnover under their local regime.

Non-EU Creators

For Creators residing outside the EU, the service is out of scope of EU VAT; the Creator remains responsible for any local tax obligation in their country.

The applicable regime is resolved automatically by the platform from the Creator's declared country and fiscal status, and is shown on every self-billing invoice generated by Swiplay.

By default, Swiplay applies the franchise en base de TVA regime to French Creators' self-billing invoices (no VAT, mention "TVA non applicable, art. 293 B du CGI"). It is the Creator's responsibility to monitor their own annual earnings against the franchise threshold in force for the current year and to notify Swiplay without delay if they cross it or otherwise change VAT regime. Upon such notification, Swiplay switches subsequent invoices to the standard regime (20% VAT).

The Creator remains solely responsible for their own VAT regime, their URSSAF declaration and the consequences of any oversight or late notification. Swiplay applies the regime declared by the Creator and does not assume fiscal liability on their behalf.

Earnings are stored in the internal Swiplay wallet. To unlock withdrawals the Creator must (a) provide a valid SIREN or local fiscal identifier, (b) declare a VAT regime where applicable, and (c) complete Stripe Connect Express KYC. Minimum withdrawal: 50 €. Once a cashout is requested by the Creator, a security window of up to 7 days applies during which Swiplay verifies the integrity of the validated views; Swiplay may release the payout early once the verification is complete. The SEPA payout is then executed via Stripe Connect Express.

Swiplay charges a monthly platform fee of 2 € (excl. VAT) per active calendar month, retained on the first SEPA payout of the month. Subsequent payouts within the same month carry no platform fee. The fee can be modified subject to 15 days’ prior notice.

VAT applies to this fee according to the Creator’s location: French VAT at the standard rate (20%) for a Creator established in France; for a Creator established in another EU Member State holding a valid VAT number, VAT is reverse-charged by the recipient (no French VAT invoiced); for a Creator established in another EU Member State without a valid VAT number, French VAT (20%) applies; outside the EU, the fee is outside the scope of French VAT.

The fee is set off against the Creator’s remuneration at settlement, so the Creator receives the net balance on their bank account. The fee is itemised in the Creator’s wallet breakdown.

Swiplay retains on each payout a withdrawal fee equal to the cost of the SEPA transfer (0.25% + 0.10 € excl. VAT), refactured to the Creator as a taxable service (VAT according to the Creator’s location, as set out above), set off against the Creator’s remuneration and itemised as a withdrawal fee in the wallet breakdown and on the nominative invoice.

In case of prolonged inactivity, Swiplay settles of its own motion any withdrawable balance left unclaimed by the Creator, by SEPA transfer to the payment account on file, net of any applicable fees (the monthly platform fee is waived where retaining it would reduce the payout to zero). The minimum withdrawal threshold does not apply to this settlement.

Swiplay acts as the advertiser within the meaning of French law n° 2023-451 of 9 June 2023 (as amended by ordinance n° 2024-978 of 6 November 2024; see section 4.5). The Creator remains the sole publisher of their content and is SOLELY responsible for disclosing the commercial nature of each publication. That disclosure must be clear, legible and identifiable instantly, without the viewer having to take any action: a mention placed only in the description is not enough, and English-only tags (« ad », « #ad ») are not valid for a non-English audience. A Creator residing in France complies with article 5 of the said law (a breach can be punished by up to two years of imprisonment and a 300,000 € fine); a Creator residing in another country complies with the advertising-transparency rules of their country of residence (country-of-origin principle within the EEA; FTC in the United States, ASA in the United Kingdom, and national equivalents). Swiplay cannot be held liable for a Creator failing to make this disclosure. For each campaign, a written collaboration contract is presented to and accepted by the Creator at submission, in accordance with article 8 of the said law and its decree n° 2025-1137 of 28 November 2025.

The Creator must keep each published video online for at least two (2) months from the date it was posted (publication of the video). The Creator may withdraw a submission from a campaign before it ends (one platform, a whole submission, or all of them): to do so properly, the Creator first withdraws it on Swiplay — which forfeits the related earnings, without penalty — and only then may delete the video on the social platform. Deleting the video on the platform without first withdrawing it on Swiplay, or before the 2-month period, exposes the Creator to a sanction. Once the related earnings have been cashed out, the video may no longer be deleted.

By clicking "Join this Campaign" and by submitting a video, you fully accept the campaign brief (objective, RPM, targeted platforms, editorial constraints, deliverable format, licence scope) as displayed at the time of the click. The platform records the click (timestamp + creator id + campaign id) in the application ledger, which serves as proof of acceptance for the purposes of Article 8 of French law n° 2023-451 of 9 June 2023 and decree n° 2025-1137 of 28 November 2025, without any separate checkbox or per-campaign signature being required.

If the Studio modifies the brief, the version of the brief that was displayed at the original click remains the only one contractually binding on the Creator.

The content submitted must be produced and published in the context of the relevant campaign: published during the campaign period, compliant with the brief (in particular the required hashtags and mentions) and intended for that campaign. Content published before the campaign opened is not eligible. Likewise, the Creator may not submit content that has already been submitted or remunerated, for an equivalent campaign, on another creator-to-advertiser marketing service: submitting the same video in order to be paid twice for a single piece of content, or bypassing the platform's automatic detection of recent videos in order to submit non-compliant content, constitutes a misleading submission within the meaning of the prohibitions above and exposes the Creator to removal of the submission, recovery of the related earnings (clawback) and sanctions up to and including account closure. This does not prevent the Creator from publishing the same video across their own social accounts as part of a single submission.

As a Reporting Platform Operator under EU Directive 2021/514 (DAC7), Swiplay annually reports to the French tax administration (DGFiP) the income paid via the platform to Creators whose fiscal residence is in the European Union. Swiplay retains the underlying fiscal data for the legally required duration. The Creator commits to providing their SIREN or local fiscal identifier, country of residence and bank details, and to keeping them up to date.

DAC7 does not apply to creators whose fiscal residence is outside the European Union (United States included); no DGFiP reporting is performed for them.

For Creators with fiscal residence in France, Swiplay reports to the French tax authority (DGFiP) via the DAS2 form (article 240 of the French General Tax Code) the sums paid above the legal threshold in force. The filing is automatic on the Swiplay side: nothing for the Creator to do.

The Creator remains solely responsible for filing their own income tax return.

This reporting is informational and requires no action from the Creator.

US tax resident Creators: Swiplay operates no US source withholding and issues no US tax document; the documentation (W-9 / W-8BEN, 1099 where applicable) is handled by Stripe and accessible from your Stripe Express dashboard. You remain solely responsible for filing with the IRS. DAC7 does not apply to US tax residents.

The Stripe Connect Express account receives USD via the US ACH rail and the Creator receives the amount on their domestic bank account.

Other Stripe Connect Express fees applicable to US accounts are charged directly by Stripe to the Creator on their Stripe Connect Express balance and appear on the Stripe Express statement; the monthly account fee and the withdrawal fee (cf. 6.5) are charged by Swiplay and itemised in the wallet breakdown.

Swiplay does not archive a copy of these tax documents: they are kept by Stripe and accessible to the Creator through the Stripe Express dashboard.

Swiplay may recover funds already paid or scheduled to be paid (clawback) in the following cases: proven fraud, artificial views, plagiarism, clerical error. Fraud established on a single submission or campaign is sufficient to authorise Swiplay to recover the entirety of the Creator’s earnings (whether already paid or scheduled to be paid) across all of their campaigns, and to permanently close the account, fraud tainting the trust attached to the account as a whole. A bank chargeback initiated by a Studio does not, by itself, trigger any recovery of the Creator’s earnings. When possible the clawback is deducted from the next payout; otherwise Swiplay may invoice the Creator. Swiplay may suspend or permanently close the account in case of fraudulent behaviour and is the sole arbiter of any litigation arising from use of the platform.

A Creator may be represented by an agency. When the Creator accepts an agency invitation link, the agency acts on the Creator’s behalf on the platform and receives all of the Creator’s earnings in full. The Creator consents to this representation by accepting the invitation link, and may end it at any time from their account settings; once ended, the Creator again receives their earnings directly and must complete their own Stripe onboarding to be paid.