Terms
Last updated: June 2, 2026.
These General Terms and Conditions govern access to and use of the HICARI platform, owned by HICARI BRAND S.L. with VAT/CIF B22789945 and registered address at Calle Marcenado, 46, Madrid, 28002, available athttps://hicari.io/.
The purpose of HICARI is to connect companies and Brands (hereinafter, “Brands”) with content creators (hereinafter, “Creators”) to facilitate the creation of original advertising or promotional content for use on social networks and other organic and promotional media for the Brands.
Registration and use of the platform imply full acceptance of these terms and conditions, which may be updated.
1. Purpose
The purpose of the HICARI platform is to connect companies («BRANDS») with the social media user community («CREATORS») and to facilitate social media marketing, the creation of user-generated content, and other tasks. To this end, Creators may create films, videos, animations, audiovisual works, or other media («Content») and sell the rights to such Content to the Brands.
The Creator assigns to the BRAND the usage rights for the audiovisual content generated in response to the accepted brief through HICARI, in accordance with the specific terms and conditions thereof.
2. Terms of Service on HICARI
2.1 This Agreement sets forth the complete understanding between the parties regarding its subject matter, and replaces all prior versions of the Agreement, except for any separate agreements that already exist and were executed in writing between the parties regarding such subject matter. It may be modified at any time without prior notice. Notwithstanding the foregoing, the latest version of the Agreement governs all Content, including Content created previously. Any changes to this Agreement will be published on this page and will indicate the latest revision. Any modification to the Agreement will take effect immediately after its publication on this page. Continuing to browse the HICARI websites or using the HICARI services will constitute your acceptance of any modification made to the Agreement. Notwithstanding the foregoing, in the event of a conflict between the terms of this Agreement and any other terms and conditions, end-user license agreements, or privacy policies, the terms of this Agreement shall prevail.
2.2 HICARI reserves the right to modify the Platform as it deems appropriate. For both functionalities and prices or plans. Any changes will be made without prior notice.
2.3 Creators may select the specific Content Request they wish to carry out and sell the created Content to the relevant BRAND. By selecting the Content Request, the Creator expresses their consent to implement it in accordance with the Request Summary and other conditions, including the remuneration conditions presented in the Task, as well as the terms and conditions set forth in these Terms of Service. The BRAND, at its sole discretion, will decide whether to authorize a specific Creator to carry out the Content Request. The Creator may implement the Content Request only after the BRAND confirms it.
2.4 When using the HICARI Platform, you may be exposed to harmful, obscene, misleading, or inaccurate content by Creators. HICARI will not be responsible under any circumstances for the Content, including, among other things, errors or omissions in such Content, nor for any loss or damage of any kind that occurs as a result of using the Content published, transmitted, or made available through the HICARI Platform.
2.5 Except in relation to the indemnification or confidentiality obligations of either party, the liability of either party in relation to these Terms of Service, regardless of the form or cause of action, shall be limited to the amount paid by the BRAND to HICARI for the services related to its most recent Content Request. HICARI shall not be liable to the BRAND for any damages of any kind arising from the use of the HICARI Platform by the CREATOR. Without prejudice to the foregoing, and except in relation to the indemnification or confidentiality obligations of either party, neither party shall, in any event, be liable for direct, indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or related to the HICARI Platform, these Terms of Service, or any Content or task. The foregoing limitations apply regardless of whether the alleged liability is based on tort, contract, negligence, or any other cause, even if HICARI or any other party has been informed of the possibility of such damages.
3. Account creation
3.1 To use the HICARI Platform, users (BRANDS and CREATORS) must register an account through the platform as set out in these Terms of Service.
3.2 HICARI reserves the right to reject or cancel the registration of an account for any reason, at its sole discretion.
3.3 All information provided when registering an account must be current, accurate, and complete. Incomplete, ineligible, or incomprehensible account records will not be valid. You must sign in to your account as set out each time you wish to use the HICARI Platform. You may never use someone else’s account without permission.
3.4 To register a BRAND account, the BRAND must access the HICARI Platform and sign in as required, including its full name, email address, address, phone number, and other data requested during registration. The creation of a BRAND Account is free of charge.
3.5 HICARI reserves the right to delete, without prior notice, the portfolio videos of the CREATORS if they do not meet the minimum quality standards required by the platform, or if their content could be offensive. In such case, it reserves the right to notify the creator or not and to delete or not the creator’s CREATOR account temporarily or indefinitely.
4. Terms applicable to CREATORS
4.1 The CREATOR must be over 18 years of age. The CREATOR will confirm their age when registering on the HICARI platform, indicating their actual age and being responsible for the information provided.
4.2 Provide accurate and up-to-date personal, contact, and social media information. This includes bank account information so that HICARI can transfer the payments generated to the CREATOR.
4.3 Ensure compliance with the content request (brief) and/or other requirements provided in advance. HICARI reserves the right to reject the work of the CREATORS until the provided requirements meet the committed and desired standards.
4.4 Timely delivery of the task. A late delivery without justification may result in cancellation of the order or reduction of the fee.
4.5 If the CREATOR does not meet the minimum standard committed with regard to recording quality, editing, and compliance with the brief, the request may not be validated and the associated fee may not be charged.
4.6 Once the Creator has accepted a content or campaign request, they commit to carrying out the agreed services within the terms and timeframes established. A breach will be deemed to occur when, after having accepted a content or campaign request, the Creator unjustifiably waives performance, abandons the project they started, or seriously fails to meet their obligations without a justified cause communicated and evidenced to HICARI. In these cases, HICARI may adopt one or more of the following measures, depending on the severity of the facts, the harm caused, repeat occurrences, and the circumstances involved:
a) Deducting or withholding, in whole or in part, any outstanding payment balance existing in the Creator’s account, up to a maximum amount equivalent to the remuneration provided for the affected content request or campaign.
b) Temporarily limiting the Creator’s access to new opportunities, campaigns, or Platform functionalities.
c) Temporarily suspending the Creator’s account.
d) Definitively terminate the contractual relationship and cancel the Creator’s account, especially in cases of repeated breaches or those that have caused significant harm to HICARI, the Brand, or third parties.
4.7 The CREATOR owns the Intellectual Property Rights of the Content. The content delivered to the BRAND is authentic and original in accordance with the brief and has not been previously published on any other of its own channels or those of third parties, nor materials that have been used in marketing or promotional materials for third parties in previous campaigns, or that infringe the rights of third parties.
4.8 The Content does not violate the privacy rights, contractual rights, or other rights (including Intellectual Property Rights) of any person, corporation, or entity.
4.9 The CREATOR has not signed any other agreement, arrangement, or understanding with any guild, union, organization, or any third party that prevents or limits the performance of this contract, the fulfillment of their obligations, or the granting of the rights and benefits set out herein, nor that creates a conflict of interest.
4.10 The CREATOR agrees that they will be paid by HICARI. Such remuneration will consist of the company’s payment plus the operating commission and use of the HICARI platform.
4.11 The CREATOR agrees to be categorized as Standard, Pro, or Premium CREATOR depending on the established parameters. This label will mean that they will have a different pre-set price and the corresponding charge.
4.12 The CREATOR may change certain characteristics in their profile and their CREATOR label may be modified. HICARI reserves the right to carry out checks, validations, or reject your request to improve your profile.
4.13 The CREATOR declares their legal and tax responsibility for receiving payments under their corresponding tax regime. HICARI will declare the payments made; therefore, it will be necessary for the CREATOR to be able to issue an invoice in order to receive payment. HICARI is not responsible for the tax regime or legal situation of each CREATOR registered on the platform.
4.14 The CREATOR, when registering on the platform, undertakes to maintain absolute confidentiality regarding the existence, content, and conditions of this agreement, as well as the business relationship between HICARI and the brands. In particular, the CREATOR is obliged not to disclose, communicate, or make public, by any means, their participation in the campaign or content request as a creator, unless the Agency has granted prior, express, and written authorization.
Likewise, the CREATOR undertakes not to contact the Brand directly or indirectly, nor to offer it services independently or through third parties, during the term of this agreement and for a period of six (6) months from its termination.
5. Terms applicable to Brands
5.1 Provide the CREATOR with an accurate and complete description of the Content requirements (“Content request”);
5.2 Ensure delivery of the product or use of the service if necessary for recording the content. The use of the product or service will never involve any expense for the CREATOR, and payment to the CREATOR is mandatory.
5.3 Approve or request modification of the video by the CREATOR assigned to the content request within a maximum period of 7 days. Otherwise, such content will be deemed approved and payment will be released to the CREATOR.
5.4 The BRAND acknowledges that the CREATORS are independent third parties and are not directly controlled by HICARI. Therefore, any Content entails the inherent risk of generating negative or unfavorable comments about the Content, the BRAND’s products, or the BRAND’s services.
5.4 The BRAND undertakes not to contact the creator who has initiated a commercial relationship on HICARI outside the platform, except for purely request-related purposes, during the six (6) months period from the completion of the request. This maintains the commitment, professionalism, and work ethics, and not bad practices. Failure to comply with this measure may lead HICARI to impose penalties and take legal action.
5.5 When requesting, upon prior payment, that the creator publishes on their profile, the Brand may share, save, and republish the publication within the platform or on the Brand’s social networks, and may also ask the creator for it to be collaborative content. The Brand may not require content other than what was agreed, unless there is an additional agreement.
6. Content usage rights and ownership
In exchange for payment for the content, the CREATOR transfers and assigns to the BRAND all rights, titles, and interests in all Intellectual Property Rights of the Content, created by the CREATOR and uploaded to the HICARI Platform, without any additional notice or consent from the CREATOR or any additional compensation payable to the CREATOR.
“Intellectual property rights in the content” means all present or future intellectual property rights of any kind in any part of the world throughout their entire period of validity, including, among others, copyright, rights of CREATOR performers or performers, moral rights, Trademarks, Service Marks, trade names, domain names, right of publicity, right to an image, patents, music rights, designs, and similar rights, whether or not registered or capable of being registered, and includes the right to apply for registration of such rights in any part of the world.
The assignment of rights includes, as specified in the corresponding briefing, one or more of the following uses:
6.0 The CREATOR assigns to the BRAND the default usage rights for three (3) natural months from the moment it receives the content and validates it on HICARI. This three (3)-month assignment may change if the creator has indicated a different fee, prioritizing the conditions and fees added per month. If, by default, the creator has not marked any custom fee, the time will be one (1) year.
6.1 BRAND channels: use of the content in the BRAND’s own channels, including but not limited to social networks, website, newsletters, corporate presentations, etc.
6.2 Paid Media: use of the content as part of paid advertising campaigns, including ads on platforms such as Facebook Ads, Instagram Ads, Google Ads, TikTok Ads, YouTube Ads, among others.
6.3 Full assignment: includes both use in the BRAND’s own channels and in paid campaigns, without channel limitations.
6.4 Unless another option is specified, it will be understood that the use is Full Assignment.
The usage specification in “BRAND Channels” (2.1) and Paid media (2.2) does not imply exclusive use of the same; by default, it is a full assignment of the content. The specifications are merely informative for both parties.
6.5 Assignment of exclusive rights:
The CREATOR authorizes the BRAND to exclusively assign the recorded and delivered contents for remuneration, and may carry out an impression, capture, visual recording, simultaneous or not, of the content on a durable physical material medium or on any other medium or digital system that allows it to be perceived by the senses and communicated through a suitable device.
The CREATOR undertakes not to work (content creation) with a direct competitor of the brand at the time when they are working on an active request within HICARI and during the following 30 natural days after delivery of the content. This does not constitute an exclusivity contract; rather, it ensures that the creator does not take advantage of the brand’s and the industry’s knowledge and interest in the activity offered by the creator in order to offer it through other channels to another competitor. This clause is only valid at the time of active requests with the client; once that request ends, the creator will have no form of exclusivity.
The CREATOR exclusively assigns the content to the client of the marketing agency that makes the content request. That is, the content rights will be under the name of the BRAND for which the content is made, and the agency may not reuse the content, except with prior written authorization from HICARI and the CREATOR.
The CREATOR exclusively assigns to the BRAND, with the power to assign to third parties the following rights, such as social networks or other advertising or content-upload platforms that are outside the authorship of the BRAND:
THE EXCLUSIVE RIGHT OF PUBLIC COMMUNICATION of the content delivered by the CREATOR, under the terms provided in Article 20 of the Consolidated Text of the Intellectual Property Law, in relation to Article 110 of the same legal body.
The assignment of the above rights and exploitation methods is granted for the maximum protection period provided for by the current intellectual property legislation and for all countries in the world.
6.6. Moral content intellectual rights:
The CREATOR does not have the right to have their name recognized on their content, except by agreement between the BRAND and the CREATOR; however, they do have the right to have the integrity of the content respected in its use, and to oppose any distortion, modification, alteration, mutilation, or any other attack on their performance that harms or undermines their prestige, reputation, or that causes harm to their legitimate interests. The CREATOR’s express authorization will be required, throughout their lifetime, for any of these possible modifications.
6.7. Confidentiality
The CREATOR undertakes not to communicate to third parties any information about the production, its recording, or any other circumstance related to the services they provide to the BRAND without the BRAND’s express written authorization.
6.8 The BRAND is not allowed to: resell as an independent product; videos cannot be uploaded to video banks or marketplaces. Use the video to promote another different brand. Share the content with partners, affiliates, or third parties. Content may not be given away or licensed to third parties. Misleading, fraudulent, or sensitive use such as discriminatory or illegal content; political, religious, or sensitive content (unless explicitly agreed).
7. Use of music and content by the CREATOR
7.1 The CREATOR is the owner of all Intellectual Property Rights in the Content or, failing that, guarantees that the use of the music in the content is free of rights and that the BRAND may use it and upload it to its organic channels, social networks, or paid campaigns without any issues regarding authorship or property rights or commercial use.
7.2 In the event that the CREATOR cannot ensure that the music is free to use, they will upload and deliver the content to the BRAND without music.
7.3 The CREATOR ensures that any video clip, image, or element used in the recording or editing and delivered to the BRAND is the owner or has the rights for commercial use to include them within the final content delivered to the BRAND.
7.4 In the event that both the music and the images or elements used in the final content delivered to the BRAND do not have the rights, it will be the CREATOR themselves who assumes responsibility for their unlawful use and for any damages and losses caused to the BRAND and the owner of the original content.
8. Content modification
8.1 The BRAND may not edit and format the Content in the formats or versions that the BRAND requires for use in the media it requires. However, the BRAND and the CREATOR may agree to modify it in the chat of the HICARI platform or when the request brief describes it as such.
8.2 The BRAND may modify or adapt the content, without distorting it and/or damaging the creator’s image, provided that this is stated in the brief.
8.3 The BRAND may not use the content for AI training purposes unless HICARI authorizes it.
9. Scope of the assignment
9.1 In exchange for payment for the content, the CREATOR transfers and assigns to the BRAND all rights, titles, and interests in all Intellectual Property Rights in the Content, created by the CREATOR and uploaded to the HICARI Platform, without any additional notice or consent from the CREATOR or any additional compensation payable to the CREATOR.
10. Duration
10.1 The CREATOR assigns the Paid usage rights for three (3) natural months from the moment they receive the content and validate it in HICARI. If they do not indicate custom rates from their profile, paid usage will default to one (1) natural year from the date of approval.
10.2 The CREATOR acknowledges and agrees that the BRAND will not be required to remove from any of its social communication channels (social networks) or other own communication media (website) any Content already published after one (1) year.
10.3 Once the paid usage period has elapsed, the BRAND shall not do anything or remove the content from its organic channels. However, it must stop all paid campaigns in which those contents are used, having no advertising usage rights over them.
10.4 In the event of publication on the creator’s account, for a fee on the platform, the creator undertakes to keep the publication visible on their profile for a minimum period of 12 months from the date of publication, unless the Brand requests in writing its removal before that period.
11. Territorial scope
11.1. The assignment is valid for use worldwide, without geographical restriction.
12. Exclusivity
The assignment is exclusive to the BRAND. This means that:
12.1 The CREATOR may not assign, sell, or license the same content to other brands or companies.
12.2 The CREATOR acknowledges and agrees that the Content must not be published on its channels or in any other way under any circumstances, including republishing or commenting on it after HICARI or a BRAND has published or shared it. By uploading the Content to the Platform, the CREATOR irrevocably commits, without the prior written consent of the BRAND, not to use, transmit, share, disseminate, or make public the content or any part of it. Except where the BRAND requests or suggests otherwise in the briefing or by prior agreement between the two parties through the HICARI platform.
13. Warranties
The CREATORS and the BRANDS participating in the HICARI Platform warrant, represent, and agree that:
13.1 All information you provide to HICARI when registering an account is true, accurate, complete, and not misleading.
13.2 Any third-party social media account you link to what you upload to the Content is: your own account; If the Account refers to a BRAND, you are the authorized representative of the BRAND with the right to access its social media accounts and represent its interests; If the Account refers to a person other than you, you are the authorized representative of that person with the right to access their social media accounts and control their interests.
13.3 You have the right and authority to create an Account and accept these Terms of Service, including, where applicable, the authority of any BRAND or person to create an Account, accept these Terms of Service, and use the HICARI Platform on your behalf.
13.4 No Content you submit to the HICARI Platform will contain anything that:
13.5 Is illegal or contrary to applicable laws, industrial code, the requirements, or instructions of the relevant regulators.
13.6 Is copied or adapted, in whole or in substantial part, from any other work or material.
13.7 Is indecent, obscene, threatening, discriminatory, harassing, violates trust, defamatory, offensive, or objectionable, or contains, represents, alludes to, or promotes aggressive, undisciplined, antisocial, lewd, or illegal behavior, or sexually suggestive images;
13.8 Parodies, disparages, or mocks HICARI, its products or services, or HICARI in general, in any way;
13.9 Requests passwords or personal information for commercial or illegal purposes, or provides phone numbers, postal addresses, surnames, URLs, or email addresses (unless they form part of an assignment);
13.10 Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to bypass anti-copy protection devices installed by the manufacturer, or providing pirated materials;
12.11 Involves the transmission of spam, chain letters, unsolicited mass email, or spam; or infringes the privacy rights, contractual rights, or other rights (including intellectual property rights) of any person, corporation, or entity.
13.12 The BRAND hereby authorizes HICARI to use its corporate name and display its registered trademark, logo, or other corporate insignia on the Platform to promote HICARI’s activities. HICARI will only use the aforementioned BRAND symbols to represent its customer base and will not imply any relationship with the BRAND.
13.13 The CREATOR warrants that: it is the original author of the content provided or has all necessary rights to assign it.
13.14 If third parties are included in the content (such as actors, contributors, etc.), you have their express consent for recording and the assignment of rights.
13.15 Notwithstanding the foregoing, in the event that the Authorizing Party captures in its audiovisual content images of a third party outside the exceptions provided for in Organic Law 1/82, the Authorizing Party undertakes to obtain the express consent of said third party so that their image and voice may be used, in the terms set out in this document, expressly exempting the BRAND from any liability for the use of images of third parties captured by the Authorizing Party, who shall expressly assume any liability in this regard.
13.16 In view of the foregoing, the Authorizing Party undertakes to inform the persons who participate in or appear in the photographs and videos made about the publication of the same in the media indicated, regarding the assignment of the same to the BRAND for these purposes. The information that the Authorizing Party will provide to the affected parties will be that required by Article 13 of the GDPR.
14. Consideration and payment to the CREATOR
14.1 The assignment of rights is made in exchange for the payment agreed in the accepted briefing. This payment will be handled in the month following the brand’s acceptance of the content. The CREATOR declares its legal and tax responsibility for receiving payments according to its applicable tax regime. HICARI will declare the payments made, so it will be necessary for the CREATOR to be able to issue an invoice in order to receive payment. HICARI is not responsible for the tax regime or legal situation of each CREATOR registered on the platform.
14.2 The CREATOR receives compensation for the Content it creates once it has been uploaded to the Platform and accepted by the BRAND.
14.2 The content price will be set according to the CREATOR’s profile (Standard, Pro, Premium) and will be stated in the briefing, prior to acceptance of the content request.
14.3 The CREATOR agrees that, by uploading the Content to the Platform and after its acceptance by the BRAND, it transfers all rights, title and interests in the Intellectual Property Rights of the Content to the BRAND, and it must not publish it on its own social networks unless the BRAND allows it or indicates so in the briefing.
15. Marketing agencies
15.1 In the event that the BRAND is a marketing (intermediary) agency, social media, content, or provides services to other Brands. It will act on behalf of the BRAND exclusively. The agency will act as the party responsible for complying with the general conditions and contracting terms, being responsible for the use of the content, its term, modifications and all the terms set out herein. Improper use of the content, violation of copyright, its use and ownership or assignment to an unstipulated third party will constitute a serious breach in which HICARI reserves the right to take action.
16. Acceptance
16.1 By clicking on “Accept briefing” on the HICARI platform, the CREATOR expressly accepts the terms of this assignment of rights.
16.2 The creator will have a period of three (3) business days to accept the content request. If the request is not accepted, the request will be unilaterally withdrawn from the content creator and assigned to another creator.
16.3 By clicking on “Publish Brief” or “Accept conditions” within HICARI, the BRAND states its express acceptance of the terms and conditions of this Content Request Contract.
17. Breach by the CREATOR
17.1 The CREATOR undertakes to deliver the requested content within the timeframe established in the corresponding brief.
17.2 In the event of unjustified delay or failure to deliver the content by the deadline: the BRAND shall have the right to unilaterally cancel the agreement, with no obligation to make any payment or provide any compensation. The CREATOR may be sanctioned within the HICARI platform, which could include:
- Loss of visibility in future briefs.
- Suspension or removal of your account in the event of repeated non-compliance.
17.3 If the content is delivered after the deadline but is still useful to the BRAND, it may accept its use at its sole discretion, applying any possible financial penalties or adjustments to the payment agreed in advance.
17.4 If the delivered content does not meet the minimum requirements specified in the brief (format, quality, tone, duration, style, language, etc.), and after a first opportunity to make corrections, the BRAND may consider the assignment as not delivered.
17.5 HICARI reserves the right to intervene and act as a mediator, assessing the case according to its own criteria and experience. HICARI may determine whether the content meets the requirements or not, and decide whether compensation, a review, or cancellation of the assignment is appropriate. HICARI’s decision will be binding on both parties.
17.6 Termination of the contract. This agreement may be terminated, among other reasons, for the following causes:
- Serious breach by the CREATOR of the obligations assumed under this agreement.
- Delays in recording the content that affect the CREATOR, due to force majeure or unforeseeable circumstances not attributable to HICARI or to the purchaser of the product, shall not be considered a cause for termination of the agreement.
17.7. In the event that the creator receives material provided by the brand for recording the content and such material is damaged (hits, dents, scratches…) and/or the product or complementary material is lost, it shall be the creator who bears the cost of such product and/or damages incurred, and may take legal action.
18. Content review
18.1 The CREATOR undertakes to carry out one (1) round of review and modifications at no additional cost, if the content does not meet the specifications indicated in the brief.
Any additional change requests must be negotiated between the parties or handled through HICARI.
19. Confidentiality
19.1 The CREATOR undertakes not to disclose any confidential information that the BRAND has shared during the content creation process (ideas, products not launched, communication strategies, etc.), unless expressly authorized in writing.
20. Promotional use by HICARI
20.1 HICARI may use, royalty-free, in perpetuity, worldwide, irrevocably, non-exclusively and transferable, fragments or full videos of the content generated through its platform, social networks or other channels of the BRAND, as part of its corporate portfolio, to show examples of real cases and campaigns carried out. This use shall be exclusively for promotional purposes of HICARI, and for no direct commercial purposes. The BRAND may revoke this right, if it deems it appropriate, given that it has exclusive use.
21. Knowledge
21.1 THE BRAND may send the CREATOR a sample of the product or reimburse the cost of purchasing the product/service. In any case, the Product or Service test is free of charge for the CREATOR and may not be carried out for logistical reasons on the part of THE BRAND.
21.2 HICARI will in no way be responsible for the late delivery or non-delivery of any product sent by a THE BRAND to a CREATOR.
21.3 Under no circumstances may the CREATOR sell or commercialize the products or services provided by THE BRAND
21.4 The CREATOR may not publish content that harms THE BRAND’s image. Failure to comply with this point may result in a penalty, requiring compensation to both THE BRAND and HICARI for damages and losses, under the law and in the relevant courts of the country where the collaboration took place.
22. Dispute resolution
22.1 In the event of a dispute not resolved through HICARI’s internal mediation, both parties agree to submit to the jurisdiction of the courts of the Community of Madrid (Spain) for the resolution of the dispute.
23. General terms
23.1 If the HICARI Platform cannot operate as intended for any reason beyond its reasonable control, such as war, terrorism, a state of emergency, or disaster (including natural disasters), infection by computer viruses, errors, tampering, unauthorized intervention, technical failures, or any other event that corrupts or affects the administration, security, impartiality, integrity, or proper functioning of the HICARI Platform, or if any social media platform modifies its terms of service, access, or permissions in a way that affects the HICARI Platform, HICARI reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the HICARI Platform.
23.2 No CREATOR or THE BRAND creation contract or other additional terms and conditions (including the terms and conditions of purchase or insertion orders) may be imposed on HICARI unless HICARI agrees in writing. In such case, if any term or condition of a CREATOR or THE BRAND creation contract or other terms and conditions is incompatible with these Terms of Service, these Terms of Service shall prevail to the extent of any incompatibility.
23.3 If you use the HICARI Platform on behalf of a legal entity, you declare that you are authorized to enter into an agreement on behalf of such legal entity. These Terms of Service constitute the entire agreement between you and HICARI and govern your use of the HICARI Platform, replacing any prior agreement between the two of you. No right or obligation under these Terms of Service, in whole or in part, may be assigned to any third party without HICARI’s prior written consent. Any attempt to do so will be null and void. HICARI may assign its rights or obligations under this agreement at its sole discretion.
23.4 HICARI is not responsible for penalties applied by social networks to the creator or brand for their activity, variations in followers, engagement, or reach, nor for the creator’s inability to post due to blocks or restrictions on their accounts.
24. Prices and plans
24.1 HICARI reserves the right to change and update the prices of content, plans, and packs based on business needs, offers, or promotions.
24.2 HICARI calculates its prices based on the type of CREATOR, with three (3) different rates (Standard, Pro, Premium) according to the parameters selected in the CREATOR’s registration and profile. Such parameters may be changed or modified by HICARI without prior notice, which may affect the CREATOR’s profile and its price as a CREATOR.
24.3 HICARI plan balances will work as credit on the platform. This credit will be valid for 12 natural months from the time of purchase. Once the 12 months have ended, the credit will be considered used with no restoration by HICARI, resulting in the remaining and retained balance on the platform being forfeited.
24.4 The extra balance obtained through the plans is never refundable and can only be used within the platform to purchase content. The extra balance will have the same conditions as the purchased balance, including the expiration period.
25. Refund Policy
25.1 Partial refunds may be requested within a maximum period of 30 natural days from the purchase date. If a refund is requested within that period, 20% of the total purchase amount will be deducted as management and administration fees. The customer will receive the remaining 80%.
25.2 To request a change or refund for any campaign contracted through our platform, you must first contact the HICARI team. After the 30 days have passed, HICARI reserves the right to reject any refund.
25.3 The refund will be made using the same payment method used for the purchase. Please note that changes or refunds can only be handled in the same country or region where the purchase was made. If an international transfer by HICARI is required, the costs arising from that operation will be borne by the customer.
25.4 Once payment has been made (after the content request or after the balance top-up), cancellations are not accepted, as the service is considered to have started and costs will be charged to HICARI.
25.5 Expiration of unused balance: any unused balance expires after 12 natural months from the purchase date. Additional top-ups are also valid for 12 months from their date of issue.
25.6 If the brand proceeds with fraudulent practices, the money will not be refunded. Fraudulent practices are understood as contacting the creator outside the platform, agreeing on other terms different from those accepted in the content request on HICARI and/or similar practices that harm the proper functioning of the platform and the HICARI brand. In such cases, HICARI may take action against the brand for damages and losses if it deems appropriate.
26. Materials provided by brands
26.1 Brand responsibility: The brand is responsible for communicating in the briefing in advance whether the content requires the shipment of physical materials. The brand must detail the specific conditions for use, return, or storage of the product, as well as the shipping or return method.
26.2 Creator obligations: the creator who accepts a briefing that involves the use of provided materials must keep them in perfect condition throughout the entire content creation period. The creator must return the product in the same condition in which they received it, including packaging, accessories, documentation, or any other element that formed part of the original shipment. The creator agrees to immediately notify the brand of any issues with the product as soon as they receive it; for this purpose, they may contact HICARI or write directly to the chat they have with direct line to the brand. In the event of non-compliance, damage (hits, dents, scratches…) or failure to return, the brand may charge the cost of the product to the creator, and the creator will be responsible for the cost of that product and/or the damages suffered. The brand may take legal action if necessary.
26.3 HICARI does not intervene in the physical transfer of the material or in transportation, so any agreement or claim regarding the product’s condition must be made directly between the brand and the creator. HICARI guarantees to brands that the signed creators and accept this conditions policy in each content request.
27. Invoicing and self-invoices
27.1 By accepting these General Terms and Conditions, the CREATOR expressly consents to the invoicing and self-invoicing system.
27.2 By accepting these terms and conditions, the CREATOR consents to the self-invoicing system implemented by HICARI, under which HICARI will create the invoice in its name for the services provided.
27.3 If it is the CREATOR who issues their commission invoice, they must expressly notify HICARI; otherwise, the self-invoice will apply by default.
27.4 The CREATOR will have a period of seven (7) calendar days to request from HICARI any modifications they deem necessary to the invoice. Once this period has elapsed, the invoice will be deemed correct.
27.5 The CREATOR is aware of the VeriFactu system of the AEAT for the recording and tracking of invoices in their name.
27.6 The CREATOR is responsible for declaring their income in their corresponding tax obligations and that the billing data provided is correct, truthful, and up to date. In this regard, the CREATOR undertakes to provide HICARI with reliable information regarding their tax obligations (VAT, IRPF, etc.), as well as the supporting documentation that may be requested from them at the time, with the aim of applying the corresponding withholding tax rate for the CREATOR.
26.7 Payment by self-invoice will be processed at the end of the month and may be extended to the following month depending on the day the withdrawal request is made, public holidays, non-working days, or other calendar situations or force majeure circumstances that prevent the platform from functioning correctly.
27.8 Once the withdrawal has been processed, a corresponding self-invoice will be generated for the payment, which the CREATOR may download from the withdrawal history. The amount will be withdrawn to the payment method selected in their profile.
27.9 The CREATOR will assume the expenses arising from the bank transfer, as well as liability for damages and losses caused to HICARI as a consequence of providing incorrect or insufficient banking details by the CREATOR.
27.10 Payments will be made in Euros. Payments made in a currency other than Euros will be calculated using the exchange rate shown on www.bde.es at the time the payment is to be processed.
27.11 The minimum amount to be withdrawn by the CREATORS will be forty-two euros (€42). Payment will be made only when the accumulated amount is equal to or greater than forty-two euros (€42).
28. Public campaigns
This section specifically regulates the participation contracts of the Creators in Public Campaigns.
28.1 Applying for a public campaign implies acceptance of the specific campaign terms, the framework agreement, and this section.
28.2 Briefing and approval. Brands publish detailed briefings with:
- Objectives and requirements.
- Formats and delivery dates.
- Publication guidelines (organic and/or paid).
The Creator must upload to the platform the version for approval before publishing on their social networks.
28.3 Publication with prior approval. The Creator may not publish on their profiles without the Brand’s prior approval through HICARI. Any communication related to the campaign must be carried out exclusively through the platform.
28.4 Indefinite duration. Content generated within public campaigns must remain visible on the Creator’s profile indefinitely. It may not be archived, hidden, modified, or deleted without the Brand’s or HICARI’s written authorization.
28.5 Paid media. If Paid Media is specified in the briefing, the Creator must provide the access credentials or codes necessary to enable the content for ads for six (6) months from the time of publication.
28.6 Image rights. The Creator authorizes the use of their image integrated into the content, in accordance with current Spanish legislation.
28.7 Penalties. If a Creator removes or modifies content without authorization:
- Refund of the payment will be required.
- HICARI may remove the Creator and prohibit their access to future campaigns.
28.8 Payment to the Creator is conditional upon approval of the content and compliance with the campaign terms or request. HICARI acts as an intermediary in payment management.
The remaining terms of HICARI’s public campaign framework included in the application for the campaign will apply, and can be read here.
29. Applicable law
29.1 HICARI is subject to Spanish law. Any dispute relating to the interpretation or execution of these terms shall be submitted to the jurisdiction of the competent courts of the Community of Madrid.
30. Regulatory compliance and responsibility in advertising matters
The Creator declares, guarantees, and commits that all content prepared and published within the HICARI Platform framework will fully comply with the applicable Spanish and European regulations, including, among others, regulations on advertising, unfair competition, consumers and users, intellectual property, image rights, and data protection. In particular, the Creator undertakes to: The General Advertising Law, the Unfair Competition Law, the General Law for the Protection of Consumers and Users, the LSSI-CE and the Code of Conduct on the use of content creators or influencers in advertising (Autocontrol). The Creator will use unambiguous wording such as “Advertising”, “Sponsored content”, “Paid collaboration”, or equivalents, avoiding any form of covert advertising in the event that they publish on their social media.