Version 1.1 – July 2025
Burst Platform ApS (“Burst”, “we”, “us”), CVR 44766930, Flæsketorvet 68, 1. sal, 1711 København, Denmark, operates a digital collaboration platform (“Platform” / “App”). These Terms govern every company, organisation or agency (“Brand”, “you”) that creates a Brand account on the Platform. By clicking “I accept” or otherwise using the Platform, the Brand accepts and agrees to be legally bound by these Terms.
2.1 Legal Capacity – The individual accepting these Terms on behalf of the Brand warrants that they have full authority to bind the Brand.
2.2 Minimum Age – Burst services are offered only to users aged 18 years or older.
2.3 Accurate Information – Brand must supply complete, truthful and up-to-date registration data.
2.4 Account Security – Brand is responsible for all activities occurring under its credentials and must keep passwords secure. Burst is not liable for losses caused by unauthorised access unless due to Burst’s wilful misconduct.
2.5 Changes – Brand shall update its account information within five (5) Business Days of any change.
2.6 Audit & KYC – Burst may request evidence of Brand’s identity, beneficial ownership and legal right to advertise. Failure to provide satisfactory evidence may result in suspension.
3.1 Licence – Burst grants Brand a limited, non-exclusive, revocable, non-transferable licence to access and use the Platform solely to create and manage Campaigns.
3.2 Acceptable Use – Brand shall not:
Burst may remove Campaigns or suspend Accounts that violate this § 3.2.
4.1 Subscription Plans – Burst offers the Subscription tiers and prices shown in the App. Burst may introduce new plans or change prices upon 30 days’ notice (email or in-App).
4.2 Irrevocability While Campaigns Are Live – A Subscription cannot be cancelled, paused or refunded while the Brand has any Live Campaign. Cancellation requests will take effect only after all Campaigns are marked Completed and all related payments are settled.
4.3 Automatic Renewal & Payment – Unless cancelled under § 4.2, Subscriptions renew automatically each month and Burst may charge the payment method on file. Late payment may incur interest at 1.5 % per month plus collection costs.
4.4 Platform Fees – Burst may deduct a platform fee (percentage or flat) from each creator payout or reimbursements processed.
4.5 Taxes – Fees are exclusive of VAT or similar indirect taxes, which the Brand shall pay in addition.
5.1 Top-Ups – Brand must pre-fund its Brand Wallet via the payment methods accepted by Burst.
5.2 No Redemption / No Withdrawal – Funds in the Brand Wallet are irrevocably locked and cannot be withdrawn, refunded or offset to the Brand under any circumstances.
5.3 Permitted Uses – Wallet funds may be applied only to:
5.4 Residual Balance – Unspent balance rolls forward for future Campaigns but remains subject to § 5.2. If the Account is terminated, any residual balance is forfeited to Burst.
5.5 Currency & FX – Brand Wallets may hold balances in multiple currencies, depending on the Brand’s top-up method and region. Funds are denominated in the currency in which they were deposited, and cannot be converted or withdrawn. Burst does not offer currency exchange services, and the Brand is responsible for any FX costs incurred prior to depositing funds.
6.1 Mandatory Fields – Each Campaign must state: description, CPM rate, total Budget, and deliverables.
6.2 Approvals – Brand selects creators and approves content exclusively through the Platform interface. Approvals are time-stamped and final.
6.3 Budget Exhaustion – Payouts occur on a first-come-first-served basis. When Budget reaches zero, no further payouts will be made, yet creators must leave approved content online for at least a duration of 12 months,
6.4 Edits & Cancellation – Brand may edit a Campaign only while no creator has applied. Brand may not cancel a Campaign once at least one creator has been approved, except by written consent from Burst, and remaining Budget will stay locked.
7.1 No Ownership Transfer – The Brand does not obtain ownership of any Creator content. All intellectual property rights remain with the Creator, unless a separate transfer is agreed in writing.
7.2 Organic Reposting Rights – Upon full CPM payment, the Brand receives a non-exclusive, non-transferable, worldwide right to repost the approved Creator content on its own organic social media accounts, free of charge. This right is valid only while the Brand maintains an active Subscription. Upon expiry or termination of the Subscription, this reposting right is automatically revoked.
7.3 Paid Advertising via Creator Ads – Brands may request access to use Creator content in paid advertising via Burst’s Creator Ads feature (e.g., Spark Ads or Instagram Partnership Ads). This usage is billed at 10 % of the media spend allocated to the ad. Paid usage rights are non-transferable and expire automatically upon termination or non-renewal of the Brand’s Subscription.
7.4 Expiry and Content Deletion Obligation – Both the reposting and paid usage rights granted under § 7.2 and § 7.3 expire immediately if the Brand’s Subscription is not active. The Brand may not permanently cancel or request deletion of its Account unless all Creator content it has reposted or used in ads has been fully removed from its own and any affiliated digital channels.
7.5 Platform Display Rights – Brand grants Burst a non-exclusive, worldwide licence to use its name, logo, Campaign briefs, and screenshots for the purpose of operating the Platform and for promotional use.
8.1 Advertising Compliance – Brand warrants that all Campaigns comply with Applicable Law, including marketing, consumer-protection and influencer-disclosure rules.
8.2 No Infringement – Brand warrants that its trademarks, product claims and supplied creative assets do not infringe third-party IP.
8.3 Indemnity – Brand shall defend and indemnify Burst, its Affiliates and creators against any claim, loss or cost arising from Brand’s breach of § 8.1 or § 8.2.
Both parties shall keep Confidential Information secret and use it only to perform their obligations. Exemptions apply for information that is (i) public, (ii) independently developed, or (iii) required by law to be disclosed.
10.1 Roles – Each party acts as an independent data controller for personal data it processes.
10.2 GDPR Compliance – Both parties shall implement appropriate technical and organisational measures to protect personal data and comply with GDPR.
10.3 International Transfers – If personal data is transferred outside the EEA, the transferring party shall ensure a valid transfer mechanism (e.g., SCCs).
Brand shall maintain books and records sufficient to verify compliance with these Terms for five (5) years. Burst may audit such records on ten (10) Business Days’ notice, no more than once per year, at Burst’s cost (unless a material breach is found, in which case Brand bears reasonable costs).
The Platform is provided “as is” and “as available” without warranties of any kind, whether express, implied or statutory. Burst specifically disclaims implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Brand uses the Platform at its own risk.
Burst’s total aggregate liability under these Terms (whether in contract, tort or otherwise) shall not exceed the lower of:
Burst shall in no event be liable for indirect, incidental, consequential, special or punitive damages, or for loss of profits, revenue, goodwill, data or business interruption.
14.1 Uptime Target – Burst aims for 98 % monthly uptime, excluding planned maintenance with 24-hour notice.
14.2 Support – Email support (louis@burstcreators.com) is available Business Days 09:00-17:00 CET. Burst endeavours to answer Tier 1 issues within one (1) Business Day.
14.3 Credit – If monthly uptime falls below 90 %, Brand may request a Service Credit equal to 10 % of that month’s Subscription fee. Service Credits are Brand’s sole remedy for downtime.
Neither party is liable for delay or failure caused by a Force Majeure Event, provided it (i) notifies the other party promptly, and (ii) uses reasonable endeavours to mitigate the effects. Payment obligations for amounts already accrued are not excused.
16.1 By Brand – Termination requires zero (0) days’ written notice and is subject to § 4.2 and § 5. Wallet balances are forfeited upon termination.
16.2 By Burst – Burst may suspend or terminate immediately for material breach, fraud, non-payment, insolvency, sanction-list appearance, or repeated violations of § 3.2.
16.3 Effect – Upon termination all licences end, but §§ 5, 8, 9, 12, 13, 17–23 survive.
Brand represents that neither it nor its owners or directors are subject to EU, UK, US or UN sanctions. Brand shall not use the Platform in connection with sanctioned entities or unlawful conduct.
Brand may not assign or transfer its rights or obligations without Burst’s prior written consent. Burst may assign these Terms to an Affiliate or successor as part of a merger, acquisition or asset sale.
Legal notices must be sent by email and registered post to the addresses on page 1 and are deemed delivered on the earlier of (i) receipt, or (ii) five (5) Business Days after postage.
If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision shall be replaced by a valid provision that most closely reflects the parties’ original intent.
These Terms constitute the entire agreement between the parties regarding the Platform and supersede all prior agreements. No waiver of any breach shall be deemed a waiver of subsequent breaches.
These Terms are governed by Danish law, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the District Court of Copenhagen.
Burst may keep historical versions of these Terms for audit purposes. Brand may request copies by emailing louis@burstcreators.com.
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