Welcome to Hubmeded's Content Creator Terms & Conditions ("CCT&C").
1. Scope
These CCT&C regulate the specific terms and conditions that apply to Users who become Content Creators ("Content Creators") and to the content ("Content") created by them.
These CCT&C shall be understood, interpreted, and applied in conjunction with Hubmeded's general Terms and Conditions ("T&C"), which the Content Creator has previously read, understood, and accepted. All key definitions included in these CCT&C shall be interpreted in accordance with the definition clause included in the general T&C.
2. Eligibility
In order to become a Content Creator, the User must meet the following requirements:
- Be a registered User.
- Be a human over 18 years old.
- Be a healthcare professional (doctor, nurse) in the beauty-aesthetic field.
- Provide a valid email address, physical address and phone number.
- Have chosen a paid Subscription Plan and be up to date with the payments.
Any User interested in becoming a Content Creator must provide the required information and documentation. HME shall verify professional qualifications and reserves the right to reject applications if requirements are not met. HME reserves the right to request additional information or documents to the applicants.
3. Content Creator's Obligations
In addition to the general obligations included in the general T&C, Content Creators undertake and warrant to:
- Create only original content and/or obtain all necessary authorizations or licenses when using third-party content.
- Create and deliver high-quality content that meets the highest standards in the healthcare industry, according to their skills and knowledge.
- Include, as part of the Content, all necessary information to avoid or reduce any potential harm to the Users or the Users' patients, including potential risk or side effects.
- Comply with all legal and regulatory requirements applicable to the Content and the Content Creators.
- Comply with the Content Requirements, as specified below.
- Present all Content as their own content and not speak on behalf of HME or present the Content as owned or approved by HME.
- Indemnify and hold HME harmless against any claims, damages, liabilities, or losses arising from the Content created.
4. Content requirements
HME is a platform created to enable healthcare professionals to share their knowledge. HME is not a healthcare specialist and therefore does not and shall not screen, examine, or approve the Content created by Content Creators, including its accuracy, quality, or relevance. Content Creators are and shall remain solely responsible for the Content they create.
HME reserves the right to implement measures to screen, review, or approve Content by specialists (e.g., peer review) or any other system to ensure the accuracy, quality, or relevance of the Content. In such cases, HME reserves the right to remove any Content that does not comply with the highest standards in the healthcare industry or may pose a risk to the health and safety of Users or their patients.
To ensure technical quality, all Content created by Content Creators must meet the following technical specifications. HME reserves the right to remove any Content that does not meet these specifications.
5. Ownership. Intellectual Property Rights. License
All Content created, uploaded, shared or offered by the Content Creators through the Platform, is and shall remain at all times the Content Creator's property. Unless specifically agreed in writing by the parties, no transfer of ownership shall take place between the Content Creator and HME.
The Content Creator is and shall remain the exclusive owner of all intellectual property rights attached to the Content uploaded or shared in the Platform. In case any Content includes third-party intellectual property rights, the Content creator is solely responsible for collecting the necessary authorizations from the owners of such intellectual property rights.
By uploading or sharing the Content, the Content Creator grants HME a worldwide, non-exclusive, sublicensable, and transferable license for a period of ten (10) years from the moment the Content is uploaded, shared or offered on the Platform, to use, reproduce, distribute, display, store, modify, commercialize and manage the Content. This license includes the right to sublicense and/or sell the Content to third parties inside or outside the Platform, without limitation, as determined by HME at its sole discretion.
6. Compensation
Content Creators shall be entitled to a compensation ("Commission") every time that a Content created by them is purchased by a User.
The specific Commissions for each type of Content are outlined in the Compensation Scheme.
Only the Content effectively purchased by the Users shall generate a Commission. If a User is granted a refund in accordance with the general T&C, the Content Creator shall not receive a Commission.
Content Creators may request a withdrawal of Commissions at any moment, provided that the Commissions meet the minimum and maximum thresholds set by HME in 500 EUR. Upon a withdrawal request, the Platform shall generate an invoice on behalf of the Content Creator. The invoices shall be generated based on the information communicated by the Content Creator and it is the Content Creator's sole responsibility to verify that the invoices contain accurate information and comply with the tax regulations applicable to the Content Creator. Content Creators shall be solely responsible for submitting the invoices to their respective tax authorities.
Approved withdrawal requests shall be paid to Content Creators via wire transfer, PayPal, or other payment methods available on the Platform, as determined by HME. HME, at its sole discretion, may decide which payment methods are available.
All payments shall be made in Euros (EUR) or U.S. Dollars (USD). HME is not responsible for any foreign currency conversion fees, wire transfer fees, or other processing fees incurred as part of the withdrawal by either the sender or the receiver. If a withdrawal cannot be processed due to invalid banking information, any fees incurred shall be borne by the Content Creator. HME will notify Content Creators in case of failed withdrawals.
HME may modify the payment terms or minimum withdrawal amount at its sole discretion, with prior notice to the Content Creator of at least fourteen (14) days, unless immediate changes are required for legal or operational reasons. If a Content Creator does not accept these changes, their Content Creator status will be terminated, and accrued Commissions will be paid out in accordance with these terms, unless withheld due to a breach of these CCT&C. HME is not liable for delays, errors, or losses in the payment process, including those caused by third-party payment providers, except where required by applicable law.
7. [Responsibility. Indemnity]{.mark}
Although HME attempts to provide accurate Content on its Platform, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that Content and assumes no responsibility for any errors or omissions therein. Content Creators are and shall remain at all times solely responsible for the Content they create, upload and/or share through HME Platform. In no event shall HME be responsible for the Content or any infringement, damage or claim caused or related to such Content.
Content Creators shall defend, indemnify, and hold harmless HME and its officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interests, awards, penalties, fines, costs, or expenses of any kind, arising out of or resulting from the Content, their actions or omissions, including, but not limited to, any negligence or misconduct; any misrepresentation, inaccuracy, breach of their representations and warranties; failure to fulfill their obligations; or any other breach of this Agreement, as well as any failure to comply with applicable laws and regulations. HME shall have the right, but not the obligation, to satisfy such indemnity---either in whole or in part---by offsetting any Commission pending payment to any Content Creator. Content Creator acknowledge and agree that monetary damages may not be an adequate remedy, and that HME shall be entitled to seek injunctive or other equitable relief as a remedy.
8. Suspension. Termination
HME reserves the right to verify the Content Creator's professional information, documents, or Content at any time.
If HME determines that a Content Creator has provided false, inaccurate, or incomplete information, that their Content does not meet HME's standards or poses a danger to other Users, or that they have otherwise failed to comply with these CCT&C or the general T&C, HME may, at its sole discretion, suspend or terminate the Content Creator's account without prior notice.
HME also reserves the right to suspend a Content Creator's account immediately without notice if it detects suspicious or unauthorized activity, pending further investigation..
9. Cancellation
Content Creators may request cancellation of their accounts at any time through their Dashboards or by contacting HME.
HME shall review and process cancellation requests within seven (7) business days from receipt, unless the Content Creator's account cannot be canceled for any reason. Upon approval, cancellation will take effect at the end of the current billing cycle, unless otherwise specified by HME.
Content Creators shall not receive refunds for their Subscription Plans upon cancellation. Access to Products and Services associated with the Subscription Plan may not be available after cancellation approval.
An automatic withdrawal of any existing Commissions will occur upon cancellation approval.
Content Creators who terminate their accounts shall forfeit any right to receive further Commissions, even if HME continues to make their Content available on the Platform.
HME reserves the right, at its sole discretion, to approve or deny cancellation requests in cases of suspected fraud, non-compliance with these CCT&C, or unresolved payment disputes.
HME shall retain a copy of the Content Creator's account, Content, documents, and information for compliance purposes for a period as required by law.
10. Disclaimer. Limitation of liability
HME shall make reasonable efforts to ensure the continuous availability of the Platform. Content Creators acknowledge and accept that the Platform or Content shared through the Platform may not be available from time to time and agree that no liability shall arise from such unavailability.
In the unlikely event that HME is found liable to a Content Creator, regardless of the nature of such liability, HME's total aggregate liability shall be capped at the amount paid by the Content Creator within the six (6) months immediately preceding the event giving rise to HME's liability..
11. Coordination with the general T&C
These CCT&C are an integral part of the general T&C that will complement them. In case of discrepancies between the CCT&C and the general T&C regarding the Content Creators, their activities, obligations, rights or any other specific matter outlined in these CCT&C, the CCT&C shall prevail.
12. Amendment
HME reserves the right to modify these CCT&C at any time without prior notice. All amendments will become effective upon publication and apply to all Content Creators, unless otherwise specified. Content Creators are responsible for regularly reviewing these CCT&C, the general T&C, and any other applicable policies.
Continued use of the HME Platform by a Content Creator after being informed of modifications to the CCT&C constitutes acceptance of such modifications. If a Content Creator does not agree with the updated CCT&C, they must cease using the HME Platform, products, and services immediately and request account cancellation.
13. Law and Jurisdiction
These CCT&C are an integral part of the general T&C. In the event of any dispute relating to these CCT&C, the Content Creators and HME shall first attempt to reach an amicable solution through negotiation. If no agreement is reached within a period of no less than thirty (30) days, either party may initiate legal proceedings. The courts of the city of Madrid (Spain) shall have exclusive jurisdiction over any legal disputes arising between the parties.
14. Contact and customer service
Content Creators can contact HME through our contact form. We will make every effort to respond as quickly as possible.