Last updated: February 23, 2026.
This Master Agreement governs the terms applicable to all Creators and Brands participating in public campaigns published on the HICARI platform. Acceptance of this Agreement is mandatory in order to apply for and collaborate on public campaigns.
1. Parties involved
On the one hand,
HICARI, a digital platform that connects advertising brands with UGC content creators (hereinafter, “HICARI”).
On the other hand,
The user registered as a content creator (hereinafter, the “Creator”).
And on the other hand,
The company or professional that publishes a public campaign on the platform (hereinafter, the “Brand”).
From here on, jointly, the “Parties”.
2. Purpose of the agreement
This Agreement is intended to regulate:
a) The publication of public campaigns by the Brand.
b) The Creator’s participation in such campaigns.
c) The creation, review, and publication of promotional content.
d) The assignment and licensing of use of the content.
e) The obligations, responsibilities, and legal framework applicable to the Parties.
3. Scope of application and acceptance
3.1 This Agreement applies to all public campaigns published on HICARI.
3.2 Acceptance is mandatory:
- For the Brand when publishing a campaign.
- For the Creator when applying to a campaign.
3.3 In the event of a conflict between this Agreement and the campaign brief:
- The brief will prevail only with respect to particular conditions (formats, dates, deliverables, remuneration, and extras).
- This Agreement will prevail with respect to general rights, duration, licenses, and responsibilities.
4. Brand obligations
The Brand undertakes to:
4.1 Publish clear, complete, and truthful briefs.
4.2 Explicitly state the requested rights, duration, territory, and any possible extensions.
4.3 Deposit the corresponding budget on the platform before the start of the campaign.
4.4 Not require additional conditions outside the platform without HICARI’s express authorization.
4.5 Respect the Creator’s moral rights and not substantially modify the content without their consent.
4.6 Not use the content outside the scope of the license granted.
4.7 Comply with applicable regulations regarding advertising, competition, consumers, intellectual property, and data protection.
4.8 Keep HICARI and the Creator indemnified against claims arising from the promoted product or service.
4.9 The Brand will be solely responsible for the legality, quality, safety, and truthfulness of the promoted product or service.
4.10 The Creator shall not be responsible for product defects, consumer claims, or regulatory non-compliance attributable to the Brand.
4.11 The Brand shall keep HICARI fully indemnified against any claims arising from the advertised product.
5. Creator’s obligationsr
The Creator undertakes to:
5.1 Create original, authentic content that complies with the approved brief.
5.2 Upload the content to the platform for validation before publishing it.
5.3 Meet the established deadlines.
5.4 Publish on the specified platforms.
5.5 Ensure reasonable standards of professional quality (image, sound, editing).
5.6 Do not use bots, buy followers, or engage in artificial engagement.
5.7 Do not publish unlawful, misleading, offensive content, or content contrary to applicable regulations.
5.8 The Creator may not publish the content without the Brand’s express prior approval through HICARI.
5.2 The Brand may request reasonable adjustments.
6. Exclusive communication through the platform
6.1 Regulatory compliance and advertising responsibility
6.2 The Creator declares and guarantees that the content will fully comply with the applicable Spanish and European regulations.
6.3 In particular, the Creator undertakes to comply with:
- Law 34/1988, General Advertising Law.
- Law 3/1991, Unfair Competition.
- Royal Legislative Decree 1/2007 (Consumers and Users).
- Law 34/2002 (LSSI-EC).
- Code of Conduct on the use of influencers in advertising (Autocontrol).
6.4 The Creator shall clearly identify the advertising nature of the content using unambiguous wording such as:
- “Advertisement”
- “Sponsored content”
- “Paid collaboration”
- “Ad”
Any form of covert advertising is prohibited.
6.5 The Brand shall also be responsible for regulatory compliance of the advertising message when it has provided instructions or specific claims.
6.6 All materials provided by the Brand (logos, claims, images, manuals, style guides, internal documentation) shall remain the exclusive property of the Brand. The Creator may not reuse them outside the scope of the campaign without express authorization.
7. Content retention
7.1 The content must remain visible indefinitely on the Creator’s profile.
7.2 It may not be removed or modified without express authorization.
8. Content usage rights: Organic and Paid Media
8.1 The Creator grants the Brand a license:
- Worldwide
- Non-exclusive
- Irrevocable
- Indefinite
- Royalty-free
The Brand may repost, embed on the web, or use it in newsletters.
8.2 When the brief indicates, the Brand may use the content as an advertisement.
8.3 Maximum duration: 6 months, unless otherwise agreed.
8.4 The Creator will provide technical collaboration to enable such use.
9 Master file delivery
9.1 If the brief includes delivery with expanded assignment:
- Unlimited organic use.
- Paid Media 6 months from the time of publication.
It will involve the additional payment indicated in the brief.
10. Improper use of the content
Use outside the scope of the license will constitute a contractual breach.
The Creator may demand:
- Immediate cessation.
- Compensation.
- Removal of the content.
HICARI may suspend the Brand.
11. Compensation
11.1 Payment will depend on what is stated in the brief.
11.2 It will be conditional on:
- Proper delivery.
- Approval.
- Publication.
- Content remaining live.
11.3 HICARI may withhold payments in the event of a dispute.
12. Confidentiality
The Brand and the Creator undertake not to disclose strategic or economic information derived from the campaign.
13. Creator exclusivity
During an active campaign and for the 30 natural days following it, the Creator will not work with the Brand’s direct competitors regarding the same sector and product. This does not imply general exclusivity.
14. Nature of HICARI
14.1 HICARI acts as a technological intermediary.
14.2 It does not guarantee performance or sales results.
14.3 It may moderate, suspend, or cancel campaigns that violate regulations or harm the platform’s reputation.
14.4 Llidad The total liability of HICARI to the Brand or Creator will, in any case, be limited to the amounts actually managed by HICARI in the specific campaign that is the subject of the dispute.
HICARI will not be liable for:
- Algorithmic decisions of external platforms.
- Commercial results.
- Performance metrics.
- Generated sales.
15. Data protection
The Parties undertake to comply with Regulation (EU) 2016/679 (GDPR) and applicable Spanish regulations. HICARI will act as the data controller with respect to the data managed on the platform.
16. Campaign cancellation and withdrawal
Cancellation by the Brand:
a) Before assignment to a Creator: the Brand may cancel the campaign without penalty, proceeding with the return of the uncommitted balance.
b) After assignment but before delivery of the content: HICARI will intervene to review the status and upon request by the Creator. The brand may pay the Creator compensation proportional to the work already completed, which will be determined by HICARI based on the execution status.
c) After delivery of the content in accordance with the brief: if the content has been delivered in accordance with the brief and within the agreed timeframe, the Brand must pay the full compensation agreed, even if it decides not to publish the content.
Withdrawal by the Creator:
a) The Creator may withdraw before production begins without justified penalty.
b) If withdrawal occurs after the Creator has accepted the campaign and without a justified cause, HICARI may:
- Temporarily or indefinitely suspend the Creator.
- Penalize the account.
- Limit future applications.
- Reserves the right to take any type of legal action or otherwise.
Neither of the Parties will be responsible for non-compliance arising from force majeure causes, including, by way of example:
- Falls or blocks of social media platforms.
- Suspension of accounts for reasons beyond the Creator’s control.
- Unforeseen regulatory changes.
- Widespread technical failures.
- Natural disasters or extraordinary situations.
The affected Party must communicate this immediately through the platform. If the situation lasts more than 30 days, either Party may terminate the campaign without any additional penalty.
17. Breach
17.1 A breach may give rise to:
- Claims for damages and losses.
- Account suspension.
- Expulsion from the platform.
- Withholding of funds.
17.2 Delays and deadlines. Unjustified failure to meet the deadlines established in the brief may give rise to:
- A formal request for compliance.
- Termination of the campaign.
- Loss of the right to compensation if the delay frustrates the campaign’s commercial purpose.
HICARI may assess the severity and recurrence of delays in order to limit the Creator’s access to future campaigns.
18. Duration, taxation, and jurisdiction
18.1 This Agreement shall remain in force for as long as the Parties use the platform. The license and image rights clauses shall survive for the term set forth therein.
18.2 This Agreement shall be governed by Spanish law. Any dispute shall be submitted to the competent courts of the Community of Madrid.
18.3 Acceptance: the publication of a campaign by the Brand or the submission by the Creator shall imply full acceptance of this Framework Agreement.
18.4 HICARI does not act as an employer, employment agency, or exclusive representative of any of the Parties. Each Party shall be responsible for:
- Its contributions and taxes.
- Its tax obligations.
- Its employment obligations.