1. Introduction
Welcome to Setmaker. These Terms and Conditions ("Terms") govern your access to and use of the Setmaker platform, website, mobile applications, and related services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms and by our Privacy Policy.
These Terms apply to all users of Setmaker, including creators, organisations, enterprise clients, and general users.
2. Eligibility & Accounts
To use Setmaker, you must:
- Be at least 13 years old to browse the Platform without adult supervision.
- Be at least 18 years old (or have parental consent) to create content, purchase content, earn revenue, or enter into contractual agreements.
You agree to:
- Provide accurate and truthful information during account creation.
- Maintain the confidentiality of your login credentials.
- Be responsible for all activity occurring under your account.
3. Subscription Plans & Billing
3.0 Plan Types
Setmaker offers several subscription plans, each providing different features, content limits, and commission rates.
- Free Plan – standard creation tools and storage
- Standard Plan – enhanced creation tools, expanded storage, and reduced commission
- Pro Plan – full creation tools, expanded storage, lowest commission for individual creators
- Enterprise Plan – custom pricing, terms, features, and support under a separate written agreement
3.1 Billing
Paid plans renew automatically at the interval you select (monthly or yearly). By subscribing, you authorise Setmaker (and our payment processors) to charge your payment method for recurring fees.
3.2 Upgrades & Downgrades
- Upgrades take effect immediately, and you will be charged a prorated fee.
- Downgrades take effect at the end of the current billing period.
3.3 Limited Payment Collection Agent
Setmaker acts as a limited payment collection agent for Creators. By using paid features, you authorise Setmaker to collect payments from Users on your behalf, distribute payouts to you, issue refunds where necessary, and take any actions required to process payments through Stripe. Funds received by Setmaker from Users are considered received on your behalf.
3.4 Taxes
Subscription fees may be subject to applicable taxes based on your location.
4. Cancellations, Renewals & Refunds
4.1 Auto-Renewal
Paid subscriptions renew automatically unless cancelled before the end of the current billing period.
4.2 Cancellation
You may cancel your subscription at any time through your account settings.
4.3 Refunds
Setmaker does not offer refunds for partial subscription periods, unused time, or downgrades, except where required by law.
4.4 Non-Payment
If payment fails, we may suspend or downgrade your account until payment is completed.
5. Content Ownership & Intellectual Property
5.1 Creator Content
Creators retain full ownership of the text, images, media, stories, data, and other materials they upload or create on Setmaker ("Creator Content").
5.2 Licence Granted to Setmaker
By uploading Creator Content, you grant Setmaker a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, modify (for formatting and display), distribute, publicly display, and promote your content solely for operating and improving the Platform.
This licence ends when your content is deleted from the Platform, except for technical backups or legal compliance.
5.3 Setmaker IP
Setmaker owns all rights to the Platform itself, including software, code, design, trademarks, logos, and user interface elements. You may not copy, modify, or distribute any part of the Platform without permission.
6. Content Limits, Storage & Downgrade Policy
6.0 No Circumvention of Platform Fees
Creators may not solicit, encourage, or accept payments from Users outside of Setmaker for access to Sets that are listed on the Platform. All transactions related to Sets must be processed through Setmaker's approved payment methods.
If your paid plan expires or is downgraded to the Free Plan:
- Your existing content will remain stored on Setmaker
- Content exceeding the Free Plan limits may become hidden, locked, archived, or read-only
- You may select which sets remain public
- Setmaker is not required to store excess content indefinitely and may delete or archive it after providing reasonable notice
Enterprise storage and archival rules may be customised in the Enterprise Agreement.
7. Sales, Fees, Commissions & Payouts
Creators on eligible plans may charge Users for access to their Sets.
7.1 Stripe Payments
Payments are processed via Stripe. Use of the Platform for paid content requires compliance with Stripe's terms and completion of any verification processes.
7.2 Commission Rates
- Free Plan: 20% commission on Creator revenue
- Standard Plan: 15% commission
- Pro Plan: 10% commission
- Enterprise Plan: Custom commission, agreed separately in writing
7.3 Payouts
- Payouts occur through Stripe to your linked bank account
- Minimum payout thresholds and schedules may apply
- Setmaker may delay payouts in cases of suspected fraud or compliance issues
7.4 Refunds & Chargebacks
If a User receives a refund, the corresponding Creator revenue may be reversed. Stripe chargeback fees may be deducted from your balance.
7.5 Creator Responsibilities
Creators must set fair prices, comply with tax obligations, and not circumvent the Platform by directing payments off-site.
8. Community & Content Guidelines
Setmaker aims to maintain a safe and respectful environment. You must comply with all content policies, including:
- Authenticity — Share content that is genuine and original. Misrepresentation or false claims are not permitted.
- Anti-harassment — Do not engage in or promote bullying, threats, or personal attacks toward others.
- Hate speech — Content that incites hatred, discrimination, or violence against individuals or groups is prohibited.
- Adult content rules — Mature material must be appropriate for intended audiences, clearly labeled, and not directed at minors. Pornography is prohibited on Setmaker.
- Safety & location guidelines — Creators must avoid instructions that could cause harm. Users are responsible for their own safety; Setmaker is not liable for real-world consequences from content use.
- Prohibition of illegal activities — Content that encourages or instructs unlawful activity is strictly forbidden.
9. Copyright & Trademark
Creators may only upload content they own or have permission to use. Creators are responsible for complying with applicable copyright and trademark laws in their jurisdiction. Setmaker follows Singapore's Copyright Act, including notice-and-takedown procedures.
10. Acceptable Use
You agree not to:
- Upload harmful, illegal, or infringing content
- Interfere with the Platform's operation
- Attempt unauthorised access
- Misrepresent your identity
- Use the Platform for spam, bots, or scraping
11. Location Guidelines & Safety
11.0 User Risk Acknowledgement
Users acknowledge that some Sets may involve visiting physical locations. Users participate in any physical activity or location-based experience at their own risk, and Setmaker is not responsible for any injury, loss, property damage, or other harm arising from the use of any Set.
11.1 Creator Warranties
Creators warrant that:
- Sets do not direct Users into dangerous, illegal, restricted, or unsafe locations;
- They have obtained all necessary permissions for any private property included in a Set;
- Location-based content is accurate to the best of their knowledge.
Setmaker may remove or disable Sets that pose safety concerns.
Creators must ensure their sets respect:
- Local laws and private property
- Physical safety of Users
- Environmental protection
- Restrictions on dangerous areas
12. Creator Responsibilities
Creators must:
- Maintain accurate information
- Keep content updated
- Respond to flagged issues
- Remove or revise content when necessary
13. Setmaker's Rights & Content Moderation
Setmaker retains sole discretion to:
- refuse to publish any Set or Content;
- remove, edit, archive, restrict, or block access to Content;
- suspend or terminate accounts;
- throttle visibility of Content or features;
- comply with legal orders, law enforcement requests, or urgent safety issues.
Setmaker is not liable for any loss resulting from these actions.
Setmaker may edit, remove, restrict, or disable content or accounts that violate these Terms. We may suspend access during investigations.
14. Account Termination & Deletion
You may delete your account at any time. Setmaker may suspend or terminate accounts that violate these Terms.
15. Third-Party Integrations
Setmaker may integrate with third-party tools (e.g., Google, Meta, Stripe). By connecting such accounts, you grant permission as specified during the integration.
16. Warranty Disclaimer
Setmaker is provided "as is" without warranties of any kind.
17. Limitation of Liability
Setmaker is not liable for:
- loss of Creator earnings or loss of business;
- deletion, corruption, or loss of Content, sets, or data;
- inaccuracies in GPS, mapping, or location-based triggers;
- outages, downtime, or interruptions to the Platform;
- actions of Users, Creators, or third parties;
- reliance on content provided by Creators.
Setmaker's liability is limited to the amount paid by you in the 12 months preceding the claim, to the extent permitted by law.
18. Indemnity
You agree to indemnify and hold harmless Setmaker from claims arising from:
- Content you upload;
- your use of the Platform;
- your interactions with Users or third parties;
- your Sets directing Users to physical locations;
- breaches of these Terms or applicable law.
This includes reasonable legal fees and associated costs.
19. Dispute Resolution & Governing Law
These Terms are governed by Singapore law. Any disputes will be resolved exclusively in Singapore courts.
20. Changes to These Terms
Setmaker may update these Terms. Material changes will be communicated before they take effect. Continued use of the Platform constitutes acceptance of the revised Terms.