Terms of Service
These terms govern your use of TrySpansa. By creating an account, you agree to them. We’ve written these in plain language where possible, with the legally precise language where it matters.
Contents
The Service
TrySpansa is a marketplace that connects brands with YouTube creators for sponsored content partnerships. We provide the platform for discovery, communication, deal negotiation, and payment facilitation. We are not a party to the sponsorship agreements between brands and creators — we facilitate the connection and handle payment processing.
TrySpansa is not an escrow service. We use Stripe Connect to hold funds pending delivery of agreed-upon content. Stripe, Inc. is the payment processor and holds all funds. TrySpansa does not hold, control, or have custody of any funds at any time.
Eligibility
To use TrySpansa, you must be at least 18 years old and capable of forming a binding legal agreement. If you are signing up as a brand, you represent that you have authority to bind your company to these terms.
By creating an account, you confirm that you meet these eligibility requirements.
Your Account
You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must use a valid email address and provide accurate information during registration.
We may suspend or terminate accounts that provide false information, violate these terms, or remain inactive for an extended period. We will notify you by email before any account action except in cases of fraud or security concerns.
Creator Terms
As a creator on TrySpansa, you agree to the following additional terms:
- You own or have authorization for the YouTube channel you connect to TrySpansa.
- By connecting your YouTube account via OAuth, you authorize TrySpansa to access and display your channel data (name, subscriber count, view counts, images) as described in our Privacy Policy.
- You will deliver sponsored content according to the terms agreed upon in each deal.
- You will comply with FTC endorsement disclosure requirements for all sponsored content (see Section 8).
- You will not misrepresent your channel metrics, audience demographics, or content performance.
- TrySpansa uses YouTube API Services. By connecting your channel, you agree to the YouTube Terms of Service.
Brand Terms
As a brand on TrySpansa, you agree to the following additional terms:
- You represent a legitimate business entity and the company information you provide is accurate.
- You will provide clear, honest campaign briefs to creators.
- You will review submitted content within the agreed review period or it will be automatically approved.
- You will not request creators to make undisclosed endorsements or deceptive claims about your products.
- Payment is committed when a deal is funded. Refunds follow the refund policy below.
Deals & Payment Holds
Sponsorship deals on TrySpansa follow this lifecycle:
Negotiation
Brand and creator agree on deliverables, timeline, and pricing through the platform.
Payment hold
Brand funds the deal. Payment is processed by Stripe and held pending content delivery. This is a payment hold, not an escrow arrangement.
Content delivery
Creator produces and submits the agreed content.
Review period
Brand reviews the content. Up to 2 revision requests are included.
Approval & release
Brand approves the content and payment is released to the creator via Stripe Connect.
Auto-release
If the brand does not respond within 7 days of content submission, payment is automatically released to the creator.
Pricing Models
- FixedA set amount agreed upon before content delivery.
- CPVCost-per-view pricing. Final payment calculated based on actual video view count measured over 30 or 60 days.
- HybridA guaranteed minimum plus additional CPV-based payment if views exceed a threshold.
Refunds
Refunds may be initiated by the creator for the full amount at any time before content delivery. After content delivery, refunds are handled on a case-by-case basis. The platform does not guarantee refunds for subjective quality disputes — the review period and revision process exist to resolve these before payment release.
Platform Fees
TrySpansa charges a 10% platform fee on completed deals, deducted from the creator’s payout. For example, on a $1,000 deal:
Brands are not charged any additional fees beyond the agreed deal amount. Stripe’s standard payment processing fees apply and are absorbed by TrySpansa — they are not passed through to either party.
FTC Compliance
The Federal Trade Commission requires that sponsored content include clear and conspicuous disclosure of the sponsorship relationship. TrySpansa is an intermediary in the sponsorship process, and all users must comply with FTC guidelines.
Creator obligations
- Include a spoken disclosure at the beginning of sponsored videos identifying the specific sponsor.
- Include a written disclosure visible without scrolling (e.g., first line of video description).
- Enable YouTube's built-in "Includes paid promotion" checkbox for the sponsored video.
- Provide honest opinions — do not make claims about products you haven't personally experienced.
Brand obligations
- Do not instruct or encourage creators to hide the sponsorship relationship.
- Do not require creators to make false or misleading claims about your products.
- Ensure your campaign brief does not conflict with FTC disclosure requirements.
Failure to comply with FTC guidelines may result in account suspension and may expose you to federal penalties of up to $53,088 per violation.
Acceptable Use
You agree not to:
- Use TrySpansa for any unlawful purpose.
- Create fake accounts, impersonate others, or misrepresent your identity.
- Circumvent the platform to complete deals off-platform and avoid fees.
- Attempt to access other users' accounts, data, or private communications.
- Use automated tools to scrape, crawl, or extract data from TrySpansa.
- Submit fraudulent deals, fake reviews, or manipulated view counts.
- Harass, threaten, or abuse other users through the messaging system.
Intellectual Property
Your content: You retain all rights to content you create. By submitting sponsored content through a TrySpansa deal, you grant the sponsoring brand the usage rights specified in the deal terms — nothing more.
Platform content: The TrySpansa name, logo, design, and software are our intellectual property. You may not copy, modify, or distribute them without our written permission.
Reviews: By posting a review on TrySpansa, you grant us a non-exclusive license to display it on the platform.
Limitation of Liability
TrySpansa is a marketplace platform. We facilitate connections between brands and creators but are not a party to their sponsorship agreements.
We are not liable for: The quality of sponsored content, the accuracy of channel metrics beyond what we can verify, disputes between brands and creators regarding creative direction, or any losses arising from deals facilitated through the platform.
Our total liability to you for any claim arising from your use of TrySpansa is limited to the amount of platform fees you have paid us in the 12 months preceding the claim, or $100, whichever is greater.
The platform is provided “as is” without warranties of any kind, express or implied. We do not guarantee uninterrupted service, error-free operation, or that using TrySpansa will result in successful sponsorship deals.
Termination
You may delete your account at any time. Active deals must be completed or cancelled before account deletion.
We may suspend or terminate your account if you violate these terms, engage in fraudulent activity, or if required by law. We will provide notice before termination when possible, except in cases of fraud or security threats.
Upon termination, your personal data will be handled according to our Privacy Policy.
Disputes & Governing Law
These terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.
For disputes between brands and creators, we encourage resolution through the platform’s review and revision process first. If that fails, parties may contact us for mediation assistance.
For disputes with TrySpansa itself, you agree to attempt informal resolution by contacting us first. If we cannot resolve the dispute within 30 days, either party may pursue legal remedies in the courts of Delaware.
Changes to These Terms
We may update these Terms of Service from time to time. If we make material changes, we will notify registered users by email at least 30 days before the changes take effect. Continued use of TrySpansa after the effective date constitutes acceptance of the updated terms.
Contact
For questions about these terms:
Email: legal@tryspansa.com