General Terms and Payment Conditions UGC.NL

1. Parties

1.1. UGC.NL: UGC.NL B.V., registered with the Chamber of Commerce under number 88229912, established in Amsterdam at Keizersgracht 520 H (1017 EK).

Further details of UGC.NL:

• Website: www.ugc.nl
• VAT identification number: NL864546749B01
• E-mail: [email protected]

1.2. User: a natural person or legal entity, whether or not acting in the course of a business or profession, who is a visitor to the UGC.NL website.

1.3. Creator: a User who creates and offers content such as videos and other media via the UGC.NL platform.

1.4. Brand: a User (brand, company or marketing agency) who purchases content and/or engages the services of Creators via the platform.

1.5. Account: a facility requested by the User from UGC.NL, and granted by UGC.NL, to log in to the UGC.NL website.

2. Applicability

2.1. UGC.NL declares these general terms and conditions applicable to the use of the website and to every offer made by UGC.NL and to any agreements, whether or not arising therefrom, entered into between UGC.NL and the User.

2.2. Deviations from these terms and conditions apply only insofar as they have been expressly agreed in writing by the parties.

2.3. Any general (purchasing) terms and conditions of the User are expressly rejected.

2.4. Third parties engaged by UGC.NL may also invoke these general terms and conditions.

2.5. If one or more (parts of) the provisions of these general terms and conditions are void or are annulled, the remaining provisions of these general terms and conditions shall continue to apply.

2.6. The legal relationship governed by these terms and conditions comes into being at the moment the User visits the UGC.NL website and/or has created an Account on the UGC.NL website, whereby the User has accepted these terms and conditions.

2.7. UGC.NL is not a party to the agreement concluded between the User and third parties, unless expressly stated otherwise. Disputes arising from such an agreement must be resolved by the parties themselves.

3. Display, modification and use of the website

3.1. UGC.NL reserves the right to modify the layout of the website (including search options, etc.) at any time and at its own discretion, without the User being entitled to any compensation.

3.2. UGC.NL endeavours to publish its website online free of disruptions. However, UGC.NL does not guarantee that its website will be published free of disruptions and/or errors, or that it will be accessible at all times. UGC.NL is entitled, without prior notice, to take the website out of service and/or to restrict its use where, in its reasonable judgement, this is necessary, for example in connection with required maintenance of the website.

3.3. If, in the opinion of UGC.NL, a danger arises to the functioning of UGC.NL's computer systems or network, all obligations of UGC.NL are suspended and UGC.NL is entitled to take all measures it reasonably deems necessary to avert or prevent this danger, without the User being entitled to any compensation.

4. Liability

4.1. UGC.NL does not warrant the quality or the quantity of the display of the information and/or texts on the website.

4.2. UGC.NL is in no way liable for the content of texts and/or information, including photographic and/or other visual material.

4.3. UGC.NL is in no way liable for any damage arising from the (temporary) unavailability of the website and/or information.

4.4. UGC.NL is in no way liable for any damage as a result of malware or other viruses.

4.5. Should UGC.NL be liable towards the User, this liability is at all times limited to the amount to which UGC.NL's professional or business liability insurance gives entitlement, but at all times (even if there is no insurance under which a claim can be made) to a maximum of EUR 5,000 per incident.

4.6. UGC.NL's liability shall at no time extend to consequential damage and, except in the case of intent or gross negligence, shall likewise not extend to property damage, immaterial damage or lost profits.

4.7. UGC.NL does not vouch for the statements, actions or performances of Users and/or third parties, whether or not via its website. UGC.NL therefore offers no guarantees as to the quantity or quality of the deliveries (products or services) of third parties.

4.8. The UGC.NL website may contain URLs/links to third-party websites. UGC.NL is in no way liable for the content of the linked websites or for the acts and omissions of these third parties.

5. Registration for an Account

5.1. The User can request an Account by completing the online registration form in full and submitting it to UGC.NL.

5.2. The User is not permitted to create an Account and make use of UGC.NL's services while he or she is a minor and has not obtained permission to do so from his or her parents or legal representatives.

5.3. The User is only permitted to create a personal Account himself, or through a third party authorised by the User.

5.4. Each Account must describe the identity of the User. Requested information must be completed truthfully.

5.5. It is not permitted to provide login details to third parties. The User is responsible for any use/action carried out via the User's Account.

5.6. UGC.NL reserves the right to refuse a request for an Account, or to cancel the Account after registration, for example in the event of a breach of UGC.NL's house rules.

5.7. The User is not permitted to request or manage more than one (1) Account.

6. Intellectual property and communication

6.1. All intellectual property claims to the content of the website, such as images, videos, texts, information and software, belong to UGC.NL. Third parties may not use these commercially or otherwise reproduce them without the prior consent of the holder of those intellectual property rights.

6.2. The User is not permitted to deploy software to collect and process data from the UGC.NL website.

6.3. The User is not permitted to send UGC.NL and/or third parties unsolicited mail or e-mails, or other spam.

6.4. If the User acts in breach of this article, UGC.NL shall be entitled to an immediately and fully payable penalty of EUR 5,000 per violation and EUR 500 for each day or part thereof that this violation continues.

6.5. All communication between Users relating to the use of the UGC.NL platform, assignments, quotations, payments or transactions must take place exclusively via the communication tools made available by UGC.NL, including the chat system.

Users are expressly not permitted, via the platform, to:

• Exchange contact details, such as e-mail addresses, telephone numbers, social media accounts or other external means of contact
• Seek or facilitate contact outside the platform in any way
• Initiate or handle transactions, payments or arrangements outside the platform

6.6. UGC.NL is entitled to monitor and analyse communication that takes place via the platform in order to prevent misuse and fraud, to verify compliance with these general terms and conditions, and to take appropriate measures to protect users and the platform.

6.7. If UGC.NL establishes that a User is acting in breach of this article, UGC.NL is entitled, without prior notice of default and without any obligation to pay compensation, to issue a warning, to restrict (parts of) the platform's functionality, or to terminate the Account temporarily or permanently.

7. Copyright and ownership of content

7.1. All videos and other content delivered or uploaded via UGC.NL become the property of UGC.NL. This means that UGC.NL acquires the exclusive copyright to all content supplied by Creators that has been produced on the instructions of, or sold via, the platform.

7.2. By creating an account on UGC.NL and delivering content via the platform, the Creator irrevocably and automatically agrees to the transfer of all intellectual property rights to UGC.NL. This includes, but is not limited to, usage rights, distribution rights and editing rights.

7.3. UGC.NL reserves the right to use, edit, redistribute or commercially exploit the content without any further consent from the Creator, both within and outside the platform.

7.4. This arrangement is essential for the legally correct functioning of the platform, so that Brands can rely on the free and unrestricted use of the delivered content.

7.5. By supplying content, Creators also consent to the use of their portrait and likeness for advertising purposes by Brands on social media platforms such as Meta (Facebook, Instagram) and TikTok.

8. Payment conditions

8.1. These Payment Conditions govern the financial transactions and payments that take place on www.ugc.nl, operated by UGC.NL B.V. in Amsterdam.

Important definitions:

• UGC Balance: the total amount of the Earnings as a Creator, and any refunded payments from cancelled orders as a Brand
• Payment Service Providers: external service providers that supply payment services to both Brands and Creators in connection with the UGC platform
• Earnings: the money that Creators earn from completed orders on the platform

8.2. Following the successful completion of a purchase based on a quotation, UGC.NL will take appropriate measures to credit the Creator's account. In accordance with platform policy, the Creator receives 75% of the total purchase amount as a credit to his or her account, excluding service fees.

8.3. Any discounts and promotions applied by UGC.NL automatically apply to all Creators. The final remuneration to the Creator is calculated on the purchase amount after deduction of such promotions.

8.4. All revenue arising from the granting of usage rights is not included in the remuneration to the Creator.

8.5. UGC.NL reserves the right to increase or decrease the platform fee at any time if this is deemed necessary for the continuity, development or improvement of the platform.

9. Payments via Stripe

9.1. All payments on the platform are processed via Stripe, a certified payment service provider. By using UGC.NL's payment services, you also agree to the Stripe Services Agreement.

9.2. To be eligible for payout, the Creator is required, after logging in for the first time, to explicitly agree to our terms and conditions and to the processing of payments via Stripe.

9.3. In addition, every Creator is required to complete a Know Your Customer (KYC) procedure. The KYC category is determined on the basis of the legal status and the amount to be received:

• KYC Consumer Low/High: applicable to Creators without a Chamber of Commerce registration
• KYC Business: applicable to Creators registered with the Chamber of Commerce

9.4. The costs associated with carrying out the KYC procedure are borne by the Creator and are automatically settled with the first payout.

10. DAC7 Directive on Data Exchange for Digital Platforms

10.1. DAC7 is an EU directive that has been in force since 1 January 2023 and that applies to all online platforms, including UGC.NL. Under this directive, we are obliged to collect certain data about sales via UGC.NL and pass it on to the Tax Authorities.

10.2. Until this data has been provided, access to UGC.NL services and payouts for completed sales may be temporarily restricted.

Which data must be provided:

• Private users: name, address, date of birth, citizen service number (BSN), VAT number (if available)
• Business users: company name, main address, RSIN, VAT number, Chamber of Commerce number

10.3. The reporting obligation of platforms such as UGC.NL does not automatically mean that you have to pay tax on your income from UGC videos. This depends on your personal situation.

11. Purchase and service fees

11.1. Brands must make payments for orders to UGC.NL via the various available payment methods. A service fee percentage of 15% is applied.

11.2. In accordance with applicable legislation, UGC.NL may be required to charge users indirect taxes, such as sales tax, VAT or other taxes. Any mandatory amount collected by UGC.NL is added to the purchase amount.

11.3. Users are themselves responsible for paying all direct or indirect taxes that may apply based on their place of residence, location or otherwise, in accordance with the rules of their jurisdiction.

12. Withdrawing Earnings

12.1. Earnings can be withdrawn via various UGC withdrawal options after the expiry of a short security hold (on-hold) of up to 7 days.

12.2. Creators have the option to withdraw earnings only in euros (EUR). This restriction is intended to streamline the payout process and to offer Creators a clear and consistent financial experience.

13. Disputes, cancellations and chargebacks

13.1. Parties are encouraged to resolve disputes among themselves, and cancellations can be handled via our UGC Helpdesk. Eligibility for cancellations is assessed on the basis of various factors.

13.2. UGC.NL reviews chargebacks and disputes with payment providers on behalf of Creators. Although outcomes may vary, UGC.NL strives to find solutions in favour of Creators.

13.3. Refunds are not automatically paid back to payment providers. Funds from cancelled orders are returned to the Brand's UGC.NL Balance.

14. Closing an Account

14.1. The User may have his Account closed if he no longer wishes to make use of UGC.NL's services, by e-mail to UGC.NL.

14.2. UGC.NL has the right to close the User's Account if the User has not used his login details for a period of twelve (12) months, or in the event of:

• Suspension of payment or bankruptcy of the User
• Provision of incorrect information to UGC.NL
• Breach of these or other applicable terms and conditions

14.3. UGC.NL is not obliged to compensate the User for any costs or damage in connection with the closing of an Account.

15. Privacy and data processing

15.1. UGC.NL processes personal data in accordance with the requirements of the General Data Protection Regulation (GDPR). For detailed information about the processing of personal data, please refer to our Privacy Statement, available at www.ugc.nl/privacy-policy.

15.2. UGC.NL uses the Meta Platforms API to retrieve performance data from advertising campaigns when users explicitly give permission for this. For more information about this, please refer to section 7 of our Privacy Statement.

16. Forum, choice of law and transfer of rights

16.1. UGC.NL is entitled to transfer its rights and obligations under this agreement to a third party. The User is only entitled to transfer its rights and obligations to a third party with the written consent of UGC.NL.

16.2. This agreement - and other agreements concluded between the parties - is governed exclusively by Dutch law, with the express exclusion of the Vienna Sales Convention.

16.3. In the event that a dispute arises from the agreement between the parties, the court with exclusive absolute jurisdiction is the court in the district of the municipality in which UGC.NL's head office is established.

17. Limitation of liability

17.1. In no event shall UGC.NL, its affiliates, or their licensors, service providers, employees, agents, officers or directors be liable for damage of any kind arising out of or in connection with the use of, or inability to use, the Site, any websites linked to it, any content on the website or such other websites.

17.2. In accepting liability as the Creator's limited authorised payment collection agent, UGC.NL and its affiliates accept no liability for any acts or omissions of the Creator.

17.3. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

18. Changes to the terms and conditions

18.1. Changes to these terms and conditions are announced by UGC.NL, and use of UGC.NL after such changes is regarded as acceptance of the updated terms and conditions.

18.2. In the event of significant changes, UGC.NL will inform users by e-mail with a reasonable period before the changes take effect.

These general terms and conditions were originally drawn up by Bleijerveld Juridisch advies.

19. Purchase

19.1 Buyers must make payments for orders to UGC.NL via the various available payment methods. As of April 2026, a service fee percentage of 15% is applied.

19.2 Promotional codes and Affiliate Programme

Promotional codes offering discounts apply to purchases on UGC.NL, but these are subject to specific conditions and time limitations.

19.3 Taxes

In accordance with applicable legislation, UGC.NL may be required to charge users indirect taxes, such as sales tax, VAT or to withhold other taxes. Any mandatory amount collected by UGC.NL is added to the purchase amount, and withheld amounts are deducted from the creator's income, as required by law.

Indirect taxes are not included in the price stated on the site and are always shown to the Buyer before payment. Users are themselves responsible for paying all direct or indirect taxes, VAT, or income tax that may apply based on their place of residence, location or otherwise, in accordance with the rules of their jurisdiction.

19.4 It is important to note that creators who are active part-time are not required to register with the Chamber of Commerce (KVK). In the event that they do choose to do so and add this registration to their account, we will transfer the sales tax (VAT) to the Creators. It is the responsibility of the Creators to remit this VAT to the tax authorities themselves. It is explicitly stated that we are not liable for the tax obligations of Creators.

20. Disputes and Cancellations

20.1 Parties are encouraged to resolve disputes among themselves, and cancellations can be handled via our UGC Helpdesk. Eligibility for cancellations is assessed on the basis of various factors, including breaches of the Terms of Use.

21. Chargebacks

21.1 UGC.NL reviews chargebacks and disputes with payment providers on behalf of Creators. Although outcomes may vary, UGC strives to find solutions in favour of Creators.

22. Refunds

22.1 Refunds are not automatically paid back to payment providers. Funds from cancelled orders are returned to the Buyer's UGC.NL Balance. Refunds from the Buyer's UGC.NL Balance to the payment provider can be requested via the UGC Helpdesk.

23. General Terms and Conditions

Changes to these Payment Conditions are announced by UGC.NL, and use of UGC.NL after such changes is regarded as acceptance of the updated terms and conditions.

24. Disclaimer of Warranties

Use of the Site and services is at your own risk. UGC.NL offers no guarantees with regard to income, profitability or specific results from the use of the Site or services.

These Payment Conditions are effective as of November 2023 and remain in effect unless modified. Users are advised to check these terms and conditions regularly for updates.

25. Limitation of liability

25.1 In no event shall UGC.NL, its affiliates, or their licensors, service providers, employees, agents, officers or directors be liable for damage of any kind, under any legal theory whatsoever, arising out of or in connection with your use of, or inability to use, the Site, any websites linked to it, any content on the website or such other websites, or any services or items obtained via the Site or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of income, loss of profit, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

25.2 In accepting liability as the creator's limited authorised payment collection agent, UGC.NL and its affiliates assume no liability for any acts or omissions of the creator.

25.3 The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

These general terms and conditions were drawn up by Bleijerveld Juridisch advies.

26. Partner programme

UGC.NL offers a partner programme in which customers and external partners receive a unique referral link with which they can refer new customers to the platform.

Participation in the partner programme is open to existing UGC.NL customers and external partners approved by UGC.NL. Participation is free and voluntary. UGC.NL reserves the right to refuse or terminate participation without stating a reason.

Affiliates receive 10% commission on every order placed via their unique referral link. Existing customers who refer a new customer receive a one-off discount on their next order. The new customer receives a discount on their first order. The current discount amounts are stated on the UGC.NL partner page. UGC.NL reserves the right to change the commissions and discounts. Changes are announced at least 14 days in advance.

Commissions are paid out after the 30-day referral period has expired and the purchase has not been cancelled or refunded. Payout takes place via Stripe to the bank account number provided by the partner. A minimum amount of EUR 10 applies for payout.

Partners are not permitted to register themselves as a new customer via their own referral link. It is not permitted to use misleading or incorrect information when promoting UGC.NL. It is not permitted to purchase paid advertisements on the brand name UGC.NL or variants thereof. It is not permitted to send spam or unsolicited messages in the context of the partner programme. In the event of a breach of these rules, UGC.NL reserves the right to remove the partner from the programme and to withhold any outstanding commissions.

UGC.NL may terminate or modify the partner programme at any time. Upon termination, outstanding commissions are paid out provided that the payout conditions are met. The partner may terminate their participation at any time by contacting UGC.NL.

UGC.NL is not liable for lost income as a result of technical failures, changes to the programme or termination of the partner programme. The partner is themselves responsible for the correct provision of payment details.