Creator Fund Terms & Conditions
These Creator Fund Terms (the "Fund Terms") govern participation in the Drivesome Creator Fund (the "Fund"), operated by Smart Business Building Pty Ltd (ABN 65 151 489 119) ("Drivesome", "we", "us", "our").
These Fund Terms apply in addition to, and incorporate, the Drivesome Terms & Conditions, Community Guidelines, and Privacy Policy (together, the "Main Terms"). Where these Fund Terms conflict with the Main Terms in relation to the Fund, these Fund Terms apply to that conflict. The Main Terms otherwise continue to apply in full. Terms defined in the Main Terms have the same meaning here unless stated otherwise.
By contributing to the Fund as a sponsor or donor, or by participating as a creator, you agree to these Fund Terms.
1. Definitions
- Fund: the pool of money contributed by sponsors and donors and used to reward creators.
- Sponsor: a brand or business that contributes to the Fund and may appear on the supporter leaderboard.
- Donor: an individual who contributes to the Fund in support of creators and does not appear on the supporter leaderboard.
- Contribution: money paid into the Fund by a sponsor or donor.
- Creator: a Drivesome user whose content is eligible to earn from the Fund.
- Points: the internal performance measure we calculate from genuine engagement. Points are not money and have no fixed cash value.
- Period: the payout cycle (monthly at launch, and may change).
- Balance: amounts credited to a creator following a Period, available for withdrawal subject to these Fund Terms.
- DCred: the Platform's separate virtual currency as described in the Main Terms. DCred is not money, is not part of the Fund, and does not convert to or from the Fund or any Balance.
2. Eligibility
To participate as a creator you must, at all times: hold an active Drivesome account in good standing and in compliance with the Main Terms; provide and maintain accurate identity and payout information; and complete any onboarding, verification, or tax steps we or our payment provider require.
The Fund is 18+. You must be at least 18 years old to participate in the Fund in any capacity — as a creator, sponsor, or donor. We may require proof of age and identity before accepting any Contribution or making any payout, and we may decline or reverse participation by anyone under 18. Where the law of your region, or a safety restriction we apply under it, prevents you from creating content on the Platform, you cannot earn from the Fund while that restriction applies.
We may set, add to, or change eligibility criteria at any time in our sole discretion, and may approve or decline any account, content, or Contribution.
3. The Fund is discretionary
The Fund is a discretionary, promotional rewards program, not a promise of income or guaranteed payment. Nothing in these Fund Terms creates an expectation, guarantee, or contractual entitlement to future earnings. Participation in the Fund is entirely discretionary and may be modified, suspended, or discontinued at any time.
Participation does not create an employment, agency, or partnership relationship, and amounts earned are not wages or a debt owed to you. We do not guarantee that you will earn any particular amount, or any amount at all. We may change, pause, reduce, restructure, or discontinue the Fund, its payout schedule, rates, scoring, qualifying thresholds, caps, and any other part of it, at any time and at our discretion, with or without notice.
4. How creators earn
- Earning is based on the genuine engagement your content receives, assessed by us in our sole discretion. Simply posting does not earn a payout.
- The Fund pays a share of the available pool, not a fixed rate per view, like, or any other action. The value attributable to engagement varies each Period with the size of the pool and total qualifying activity.
- Each Period there is a minimum qualifying threshold, and we may also limit qualification to a top percentage of creators. Creators who do not qualify earn nothing from the Fund that Period (they may still earn DCred).
- A maximum share of any Period's pool may be paid to any single creator; amounts above that cap are redistributed among other qualifying creators.
- Standings reset each Period. Your money Balance carries over and remains available to you, subject to these Fund Terms.
- Older content may continue to earn based on the engagement it continues to receive.
- We display rank only. We do not publish Points, individual earnings, the scoring formula, or the qualifying and cap settings, and we may change them at any time.
- We exclude any engagement we determine to be artificial, automated, purchased, incentivised, self-generated, coordinated, or otherwise illegitimate. Measurement is based on our data and our determination is final.
5. Contributions (sponsors and donors)
- Contributions are voluntary support of the Fund. The minimum Contribution is $10.
- Of each new Contribution, a portion is allocated to creator payouts, a portion is held in a future fund to keep the Fund sustainable, and a portion supports growing the platform, including advertising, events, and improvements. The current split is published on the Fund page and may change.
- Contributions are non-refundable, are not tax-deductible gifts, and are made to a commercial platform, not a charity.
- A sponsor's position on the supporter leaderboard reflects their cumulative Contributions and is held until another sponsor's cumulative Contributions exceed it. Position is recognition only and carries no cash value, ownership, or entitlement. Donors are not ranked on the leaderboard. Donors may contribute anonymously, in which case they are not identified publicly.
- The fund balance shown on the Fund page reflects the creator payout pool: the portion of Contributions allocated to creator payouts, less amounts already paid out. The Fund is not held on trust or in escrow. The balance is not an amount promised or payable to any individual creator, and no creator is entitled to a share of it except amounts actually earned and paid under these Fund Terms.
6. Sponsor and donor content, and perks
- Logos, names, images, and links you submit must be yours to use and must not be unlawful, misleading, offensive, or infringing. You grant us a non-exclusive, worldwide, royalty-free licence to display and use them in connection with the Fund and its promotion, and you warrant you have the rights to grant this licence. We may decline, remove, or moderate any sponsor or donor content at our discretion.
- Any deal or perk a sponsor chooses to offer creators is an arrangement solely between that sponsor and those creators. We are not a party to it and are not responsible for honouring it.
- Recurring (monthly) Contributions continue until cancelled by the contributor. You may cancel at any time on the Creator Fund page or by emailing [email protected]; cancelling stops future charges and does not refund past Contributions. We make the recurring nature and how to cancel clear at the point of payment.
7. Prohibited conduct
In addition to the prohibited conduct in the Main Terms, you must not, directly or indirectly: use bots, scripts, or automation to generate or inflate engagement, views, follows, or referrals; create or use fake, duplicate, or multiple accounts; buy, sell, trade, exchange, or incentivise engagement; coordinate inauthentic engagement; misrepresent content as your own; or otherwise manipulate, or attempt to manipulate, the Fund, the leaderboards, the scoring, or any payout.
8. Our rights to withhold, adjust, reverse, claw back, and remove
Acting reasonably, we may without prior notice: withhold, reduce, deny, cancel, reverse, or offset any Points, Balance, or payout; remove you from the Fund; and suspend or terminate your account or participation, where we reasonably suspect farming, fraud, manipulation, breach of these Fund Terms or the Main Terms, or conduct that is materially harmful to the Fund, the community, or Drivesome. We do not publish our detection methods, but on request we will tell you the general nature of our concern where we can do so without compromising those methods, and you may ask us to review a decision under clause 11.
Where we have already paid an amount that we reasonably determine was not validly earned, you will repay it within thirty (30) days of our written notice, or we may offset it against amounts otherwise payable to you. Forfeited or reversed amounts return to the Fund. These rights are in addition to any other rights or remedies we have, and nothing in this clause limits any rights you have under law that cannot be excluded.
9. Payments and withdrawals
- Following each Period we determine amounts payable to qualifying creators and credit them to the creator's Balance, subject to these Fund Terms.
- You may request a withdrawal once your Balance reaches AUD $100. Withdrawals are processed manually at this stage and may be subject to verification and approval before payment; we aim to process approved withdrawals within thirty (30) days. We may set and change minimums, schedules, and requirements for withdrawals.
- Payouts are made in Australian dollars. Any currency conversion, and any fees charged by your bank or payment provider to receive a payout, are your responsibility.
- Payments are made through our payment provider, which may be an affiliate or third party acting as payor. You must complete and maintain the details the provider requires. We are not responsible for delays or failures caused by incorrect details, your provider, or matters outside our control, or for fees your provider charges.
- We may modify the payment structure or payout method at any time on a forward-looking basis.
10. Taxes
You are solely responsible for understanding and meeting your own tax obligations on anything you receive from the Fund. We do not provide tax advice. Where we are required by law to withhold or report on amounts paid to you, you authorise us to do so, and any amount withheld is treated as paid to you.
11. Disputes
You should raise any dispute about a payout, perceived error, or removal within thirty (30) days of the issue arising, by contacting [email protected]. We will consider disputes in good faith and respond within a reasonable time. We may decline to consider disputes raised outside that period, except where the law provides otherwise. Nothing in this clause limits any rights you have under the Australian Consumer Law or other laws that cannot be excluded.
12. Suspension and termination
We may suspend or terminate your participation in the Fund at any time: for breach of these Fund Terms or the Main Terms, including failure to meet eligibility; if your conduct could reasonably be expected to bring Drivesome, the Fund, or the community into disrepute; or without cause. You may stop participating at any time.
On termination, we have no further obligation to you except that, if termination is not for cause, or if we discontinue the Fund, we will pay undisputed amounts validly earned — even if below the withdrawal threshold — within a reasonable time, normally thirty (30) days. If we terminate you for cause, you forfeit all unpaid amounts and we may withhold any amounts otherwise payable, and you may be barred from re-participating.
13. Warranties and indemnity
You warrant that all information you provide is true and current, that you will not use any automated or deceptive means to inflate engagement or payouts, and that your participation does not breach any other agreement or third-party right. The content warranties in the Main Terms also apply. You agree to indemnify and hold harmless Drivesome and its officers, employees, and affiliates from any claim, loss, liability, or cost (including reasonable legal costs) arising from your Contributions, your breach of these Fund Terms or the Main Terms, or your violation of any law or third-party right.
14. Disclaimers and liability
The Fund is provided "as is" and "as available". To the maximum extent permitted by law, we exclude liability for any loss arising from your participation, including lost earnings, suspended or withheld payouts, and changes to or discontinuation of the Fund, and we disclaim implied warranties. Where liability cannot be excluded but can be limited, our total liability is limited to the greater of the amount validly paid to you from the Fund in the three (3) months before the claim, or AUD $100. Nothing in these Fund Terms excludes, restricts, or modifies any guarantee or right that cannot lawfully be excluded, including under the Australian Consumer Law.
15. Changes
We may modify these Fund Terms from time to time. We will take reasonable steps to notify participants of material changes before they take effect. Continued participation after updated Fund Terms take effect is acceptance of them. If you do not agree, stop participating.
16. Confidentiality
Any non-public reporting, metrics, or information we provide about the Fund or your participation is confidential. You must not disclose it except to professional advisers under a duty of confidence, or as required by law. Nothing in this clause prevents you from disclosing your own earnings or describing your own experience of the Fund.
17. General
The general provisions of the Main Terms (including assignment, severability, waiver, and entire agreement) apply to these Fund Terms. These Fund Terms are governed by the laws of New South Wales, Australia, and you submit to the courts of that jurisdiction. For questions about the Fund: [email protected].