Last updated: May 6, 2026
Between the undersigned:
The company Takema SAS with a share capital of 1000 €, whose registered office is located at 199 Rue Hélène Boucher, 34170 Castelnau-le-Lez, France, registered with the Trade and Companies Register of Montpellier under number 10089590300019, represented by Ms. Demore Stéphanie in her capacity as Chair, and Mr. Raimond Benjamin in his capacity as Chief Executive Officer.
hereinafter referred to as "the Company",
of the one part,
and
The user of the platform, whether a brand or a freelance video creator,
hereinafter referred to as "the User",
It has been agreed as follows:
The purpose of these terms is to define the general terms and conditions of sale and use of the Takema Platform, which connects freelance video creators with brands for the production of video and photo content.
The Platform does not cover the costs required to carry out missions, such as: advertising costs, mobile application development, and any other costs related to the performance of the services.
These general terms and conditions apply to the use of any "user-generated content" ("user-generated content" or "UGC") purchased by the Client, including the Creator's words, photos, images, audio, and videos, for the Client's commercial use (content used for direct and widespread advertising on third-party social media platforms) or organic use (content used directly on the Brand's own website and social media platforms, or for internal training purposes). Third-party websites and platforms notably include Instagram, Facebook, Pinterest, YouTube, Snapchat, TikTok, and Twitter (the "Third-Party Platforms").
The Creator undertakes to comply with labor law, image rights, and copyright and intellectual property rights related to the performance of the service.
To benefit from the Services offered by the Platform, the User must create an Account by completing the registration process on our website.
The User must be at least 18 years old and have the legal capacity required to enter into and use the Platform's services in accordance with these Terms and Conditions. It is the User's responsibility to provide accurate information and to update it promptly in the event of any change.
Access to the Account is secured by a username and password chosen by the User when registering on the Platform. The User bears full responsibility for managing and keeping these credentials confidential, as well as for any activity associated with their Account.
To appear as a Creator on the Platform and be accessible to Users, it is essential to fully and accurately complete the Account information, add an up-to-date photo, and keep the Account current.
The Creator understands and agrees that, by creating an Account on the Platform, they automatically consent to enter into a Billing Agreement with the Company. Under this Billing Agreement, the Creator, as principal, exclusively authorizes the Company, as agent, to generate and issue invoices for Missions carried out via the Platform, and to collect payments relating to those invoices on their behalf.
The Creator must provide the Company with all information relevant to the creation of invoices, which will only be issued by the Company after the Client has Confirmed the Mission.
In the event of a legitimate request to correct an invoice, the Company undertakes to promptly issue a corrected invoice. Invoices generated by the Company will explicitly mention the Billing Agreement, stating "Invoice created by [Company name] in the name and on behalf of [Creator name]", or a similar wording.
The Creator acknowledges that keeping all information relating to their legal, accounting, and tax situation up to date is crucial to the performance of the Billing Agreement. They undertake to inform the Company of any change likely to affect it (change of address, legal status, etc.).
Creators remain solely responsible for their accounting and tax obligations with respect to the issuance of their own invoices.
The Billing Agreement is one of the Services provided by the Company, and its cost is included in the commission paid by the Creator to the Company.
The Company will provide the Creator with copies of all invoices issued under the Billing Agreement. The Creator must dispute any incorrect invoice issued in their name within a maximum of four days of its issuance.
The Billing Agreement takes effect upon acceptance of the Terms and Conditions and remains in force until the Creator unregisters from the Platform for any reason whatsoever, or until the Company terminates the Billing Agreement.
If the User provides incorrect, inaccurate, outdated, or incomplete information, the Company reserves the right to suspend or close their Account, and to deny them future or immediate access to some or all of the Services offered.
The Services offered by the Platform are:
The Client may initiate contact with the Creator, either directly through the Platform or via published listings.
Following a discussion about the scope and terms of the Project, the Client receives a Quote through the Platform.
If the Quote is accepted, the Client funds their account by paying the amount indicated in the Quote, thereby allowing the Creator to begin the Mission.
The Creator will start the Project as soon as they receive the notification on the Platform indicating that the Client has funded the required amount. Any failure to comply with this rule creates risks for the Creator, who expressly waives any claim against the Company.
At the end of the Project, an invoice is generated and issued by the Company on behalf of the Creator in accordance with the Billing Agreement.
The Client has 7 calendar days from receipt of the email notification to validate the Project on the Platform. This validation results in the waiver of any future claim against the Company regarding this payment.
If no validation occurs within this period, and absent an explicit objection from the Client, the Company reserves the right to validate the Project and release the funds to the Creator.
If the Client has opted for additional services, they undertake to pay the corresponding invoice under the same conditions following validation by the Company.
Validation of the Project by the Client on the Platform triggers final payment to the Creator of the invoice amount, less the commission owed to the Company.
Any entity or individual not matching the definition of a Creator, as specified in Article 1, is not authorized to create an account as a Creator, to send Quotes, or to carry out Missions via the Platform.
This specifically includes employees, within the meaning of applicable labor law, who have created an account for the purpose of contacting a Client to carry out a Project outside the Platform or to receive payment for it outside the Platform.
It is strictly forbidden for any company, organization, or individual to initiate, negotiate, or conclude transactions, projects, or orders outside the mechanisms provided by the Platform. Any attempt to bypass the Platform in order to establish direct business relationships between Creators and Clients is strictly prohibited.
In the event of a breach of this article, the Company reserves the right to:
Parties in breach assume full responsibility for direct and indirect damages caused to the Company and to other Users of the Platform, and bear all legal consequences thereof.
It is strictly forbidden to extract or collect information from the Platform's web pages, whether by automated or manual means, using software, robots, or any other means intended to scrape user data or copy information relating to the Platform's Services. Any person engaging in such activities will be liable to sanctions from the Company.
It is expressly forbidden to use the Platform to conclude, organize, or facilitate collaborations in which the Creator's monetary compensation is partially or entirely replaced by the provision of products or services (free shipments, gifting, discount vouchers, or any other benefit in kind).
Sending products from the Client to the Creator as part of a Mission remains permitted, provided it is accompanied by monetary compensation in accordance with the pricing terms set out in Article 8. The product sent may under no circumstances replace, even partially, this compensation.
The Company reserves the right to remove without notice any listing or offer that does not comply with this condition, and to apply the sanctions provided for in Article 24 to any User who violates this prohibition.
The Platform does not accept offers that:
This list is not exhaustive and may vary depending on the specifics of each service.
To minimize exchanges between the Platform and the Creator, the Platform reserves the right to edit the text and images of an offer, as well as its associated options.
If a service or option is incomplete upon submission, the Platform will send a modification request to the Creator. The Creator must then make the necessary corrections, and the service will be placed back on hold pending moderation.
If the Platform makes several modification requests without obtaining satisfactory changes from the Creator, the service in question will be deactivated.
The Creator is required to pay a fee to the Company. This fee is calculated as a percentage of the total cost of the task or project. This percentage is automatically deducted from the payment due to the Creator.
Regardless of the order amount, the Platform's commission is 5% of the pre-tax amount, plus a fixed transaction fee of €1 excl. tax.
The Creator is required to pay a transaction fee of €1 excl. tax. There is no additional platform commission (0% Takema commission).
The Client is also liable for a fee to the Company, calculated as a percentage of the pre-tax cost of the task or project.
Regardless of the order amount, the Platform's commission is 10% of the pre-tax amount. This is added to a transaction fee, which amounts to 2.5% of the pre-tax mission amount, plus €1 excl. tax.
The Client pays the amount of the task using an e-money account via Stripe, a secure payment platform. This payment can be made by credit card through a secure online payment service.
To facilitate payment transactions, the Company has chosen to use the services of Stripe, a company specializing in online payment solutions. Stripe is registered as a payment institution and operates in accordance with European regulations. Stripe's registered office is located at 510 Townsend Street, San Francisco, CA 94103, United States.
Users enter into a direct agreement with Stripe for the use of the payment system and accept Stripe's Terms of Service applicable in France: https://stripe.com/fr/legal/ssa
Please note that funds held in the e-money account via Stripe are not considered a bank deposit and do not earn interest.
The Creator undertakes to carry out the Mission specified in the Quote, in accordance with best practices and to the best of their ability.
The Client will make available to the Creator all information that may help ensure the proper performance of their Mission.
In carrying out Missions, the Creator undertakes to exercise their best care, in accordance with best practices. This obligation is, by express agreement, purely an obligation of means.
The Creator undertakes to deliver the number of pieces of content agreed upon in the Quote.
The Creator shall treat as strictly confidential, and shall refrain from disclosing, any document they may become aware of in connection with the Mission. For the purposes of this clause, the Creator shall not, however, be held liable for any disclosure if the disclosed elements were in the public domain at the date of disclosure, were already known to the Creator prior to the start of the Mission, or were obtained from third parties by legitimate means.
The Mission may under no circumstances be considered as granting the Creator any right over the information received, in particular no licensing right, industrial property right, or right to any subsequent use of that information. The same applies to copyright or other rights attached to literary and artistic property, trademarks, or trade secrets.
The Client remains the sole owner of the Confidential Information communicated in connection with the Mission, as well as any copies or reproductions made thereof.
The Client undertakes to the Creator that it holds all usage rights necessary to carry out the Missions. The Creator is bound by the same obligation, and undertakes to hold all rights necessary to perform the service.
The Creator transfers only the usage rights to the Content created, limited to the terms of the Quote, for a period of 1 year.
The Creator transfers the usage rights but remains the owner of the work produced.
The Client may not use the creations until the service has been paid for in full.
Any use beyond the scope initially provided for in this quote is prohibited unless the Creator gives written authorization by message.
The Client agrees that the Creator, the Platform, and the Company may feature, among their references, work carried out as part of the Mission. This includes websites operated by the Company and the Creator, and the social media accounts of the Company and the Creator.
This includes the Client's logo, brand name, concepts devised by the Creator, strategies used, results obtained, and text and graphic creations.
If the data on which the Quote is based changes to such an extent that either party faces serious and unforeseeable difficulties, the parties shall consult with one another and shall show mutual understanding with a view to making any adjustments that appear necessary as a result of circumstances that were not reasonably foreseeable at the date the quote was concluded, so as to restore the conditions for a fair agreement.
The party who considers that the conditions set out in the paragraph above have been met shall notify the other party by message on the Platform, specifying the date and nature of the event(s) giving rise to the change it alleges, quantifying the amount of the current or future financial loss, and making a compensation proposal to remedy this change. Any notice sent more than 12 days after the occurrence of the event by the party issuing the notice shall have no effect.
Force majeure means declared or undeclared acts of war, general labor strikes, epidemic diseases, quarantine measures, fire, exceptional flooding, accidents, or other events beyond the control of both parties. Neither party shall be held liable for any delay resulting from force majeure events.
In the event of force majeure noted by one of the parties, that party must inform the other party in writing as soon as possible via the Platform's messaging system. The other party will have ten days to acknowledge it.
Delivery deadlines will be automatically extended according to the duration of the force majeure event.
The Creator and the Client shall follow the provisions of Article 1218 of the French Civil Code.
After the Creator delivers a first version of the content, the Client has 7 days to request revisions. Once this request is made, it must be approved by the Creator.
If the revisions are approved, the Creator will make the necessary adjustments.
The deadline for the new delivery will then be extended based on the initial deadline, calculated from the moment the Client requested the revisions.
Example: If an initial Mission was to be completed within 7 days, and the Client requests revisions on March 1, which are then approved on March 4, the Creator will have until midnight on March 7 to deliver without being late.
If the revisions are rejected by the Creator, the Client then has 7 days to either open a dispute or finalize the order by leaving a review. After this period, the order will automatically be considered completed.
Once the Creator has completed the Mission, they may transmit the Content to the Client via the order tracking interface using the dedicated forms. A Creator who claims to have completed delivery without actually finishing the work will be subject to sanctions. Delivery must only be made once the Creator has completed all the tasks specified in their service offer.
After delivery, the order status changes to "Delivered". Four scenarios are then possible:
An order is considered "Completed" in two cases: either the Client has confirmed the delivery made by the Creator, or the Creator has delivered the order and the Client has not responded within 7 days of that delivery.
At this stage, the Platform will transfer the order amount to the Creator's wallet. Once the funds are in the Creator's Stripe wallet, they will be able to make a withdrawal. The Company will provide the Creator and the Client with copies of the invoices issued.
At the end of each Mission, Clients are invited to rate each other on the quality of their collaboration. Ratings given by a Client will be visible on the Creator's profile.
Creators may also request testimonials from colleagues, friends, or previous clients with whom they have already worked.
Creators undertake not to display, or have displayed, testimonials that are purely complimentary without any basis.
Ratings and testimonials must be based on objective criteria and must not contain excessive or abusive language. Otherwise, the Company reserves the right to remove the testimonial.
As long as the order status is neither "finalized" nor "closed", the Client may request cancellation of the order from the Creator via the order dashboard. Please note that the Creator is not required to accept this request.
Both parties may communicate via the Platform's messaging system to reach an agreement.
If the Creator does not respond within 7 days of the Client's cancellation request, the order will be automatically canceled and the Client will be refunded. If the Creator agrees, the Client will be refunded.
The Creator may unilaterally cancel the order at any time, as long as the order status is not "finalized" or "closed". The Client will then be refunded. The Platform reserves the right to contact the Creator to obtain justification for the cancellation. In the absence of justification deemed valid by the Platform, sanctions may be applied to the Creator.
The Client may unilaterally cancel the order in two specific cases:
If the Creator and the Client fail to reach an agreement on the cancellation or modification of an order, the Client or the Creator may initiate a dispute process via their order management interfaces, in the following situations:
Once a dispute is opened, the order is put on hold and can no longer be modified.
When a dispute is triggered, the Platform appoints a mediator to facilitate resolution of the conflict by initiating a discussion between the Client and the Creator. The mediator will review the details of the order and propose appropriate solutions, where applicable.
If no solution is found, the mediator has the following options:
The mediator's decision is final and may not be contested.
The Platform may under no circumstances make a direct refund to the Client's bank account, regardless of the order status.
In accordance with Article L221-28 of the French Consumer Code, the Client waives their right of withdrawal for digital content not delivered on a physical medium, once performance has begun with their prior consent.
To claim a refund, the Client must use the cancellation procedure described in Article 19.
Once an order is marked as "completed" or "expired", no refund or cancellation is possible.
If an order is marked as "canceled", the full amount is returned to the Client.
When a partial refund is made, the partially refunded amount is returned to the Client. However, the associated commissions, bank fees, and VAT will not be refunded.
Any refund, whether full or partial, is made by the Platform within 15 days to the Client's original payment method.
1. The User undertakes to use the Platform and its Services in compliance with applicable laws and these Terms and Conditions. The User agrees that the Company may review any content posted or exchanged on the Platform to verify compliance with the Terms and Conditions and applicable laws. The Company may also intervene to moderate content that does not comply with applicable laws and regulations.
2. The User undertakes to comply with all legal, social, administrative, and tax obligations related to their activity and use of the Services. Under applicable tax law, income generated from the sale of services must be declared. The Platform disclaims all liability in the event of a Creator's failure to comply with these tax obligations. At the Company's request, the User must promptly provide any supporting document confirming that they meet the conditions set out in this article. The Company cannot be held liable for the User's failure to comply with these formalities.
The Creator acknowledges that the tools and resources provided by the Company do not exempt them from their legal obligations. In particular, they remain fully responsible for their tax and legal obligations regarding invoicing, including VAT obligations, in accordance with the billing agreement.
3. The User undertakes to use the Platform fairly and not to circumvent it. In particular, the User undertakes not to conclude any Mission outside the Platform. In the event of non-compliance, the Company will charge the Client a flat-rate penalty of €1,500. Orders processed outside the Platform will not be recognized as valid and will not be covered in the event of a problem.
The User is also prohibited from extracting content from the Platform for a similar or competing activity. The Client also undertakes not to use the Services to promote its own activity or that of a third party, and not to send promotional messages to Users of the Platform.
4. The Client undertakes to provide a detailed and serious description of the Mission to the Creators they contact through the Platform. The Client is fully responsible for the accuracy of the description of the Mission for which they request a quote from the Creator. If the description is inaccurate, the Client will be solely responsible for any additional costs and additional services required, which must be formalized with the Creator via the Platform.
5. The Creator undertakes to offer their services and carry out missions solely in their own name. It is prohibited to subcontract all or part of the mission to a third party. If the Creator operates under a corporate structure, only the responsible individual may invoice. They must therefore create a profile on the Platform and carry out the mission themselves.
6. A User undertakes not to share personal data, such as phone numbers, email addresses, or instant messaging IDs, unless this information is explicitly required to carry out a service.
7. The promotion of products, services, businesses, or URLs is prohibited unless they are specifically related to the Platform.
8. A Creator is required to honor their commitments and may not cancel a transaction without valid reason.
9. The confidentiality of login credentials and passwords must be maintained by each User. The User is solely responsible for their use of the Platform and undertakes not to allow other people to access the Platform through their account.
10. The Platform is not responsible for access or usage issues caused by electronic communication networks.
11. Inappropriate behavior, including but not limited to discriminatory or defamatory remarks, may result in sanctions.
The User is solely responsible for all Content they choose to post on the Platform, as the Company does not review Content before it is posted.
It is strictly forbidden for the User to post any content that is defamatory, abusive, discriminatory, in violation of laws or regulations, or that could harm the rights and reputation of the Company.
12. If the Platform closes an account, the User will no longer be able to register or access the Platform without written authorization.
13. Any attempt at unauthorized access to the Platform's system may result in legal proceedings and the immediate closure of the User's account.
14. An individual or entity may only hold a single account on the Platform.
15. Regarding Creator safety: any abuse by a Client towards a Creator may result in the account being deleted and the User's IP address being banned. This includes, but is not limited to, threatening messages, pressure for early delivery, or threats to leave a negative review.
16. The User undertakes not to discriminate against other users on grounds such as sex, race, age, religion, sexual orientation, etc. Such discrimination may result in the suspension or deletion of the User's account.
17. The User assumes full responsibility for any direct or indirect damage they may suffer as a result of incorrect, incomplete, or misleading data they provided upon registration, or as a result of failing to update such data.
18. The User is solely responsible for negotiating and performing contracts relating to a mission they conclude with another User via the Platform. The Company acts solely as an intermediary to facilitate the connection. The conclusion and performance of these contracts, which take place directly between a Creator and a Client, are carried out on the initiative and under the exclusive responsibility of those parties.
1. The Company strives to guarantee continuous access to, and optimal operation of, the Platform and the Services, 24/7.
However, due to constraints inherent to the Internet, interruptions may occur, whether due to force majeure events, the User's technical issues, or maintenance operations. The Company therefore cannot guarantee uninterrupted availability and cannot be held liable for any service interruption, regardless of its cause.
2. The Company provides Creators and Clients with tools to facilitate connecting with one another with a view to concluding a service contract via the Platform. Its liability is limited to this connection and to the provision of these means.
The Company and the User act as independent entities, each on their own behalf. The Company does not act as an agent, employee, or employer of any User.
3. The Company strives to verify the accuracy and relevance of the information and documents provided by Creators, provided they are based in France.
However, it cannot be held liable for Creators' failure to comply with their legal obligations, in particular with regard to combating undeclared work and complying with transparency rules.
Furthermore, the Company reserves the right not to forward messages from one User to another if such messages do not comply with the Terms and Conditions.
If a User breaches the Platform's Terms and Conditions, various disciplinary measures may be taken, including but not limited to:
The nature and extent of the measures taken are at the discretion of the Platform's managers.
In the event of breaches falling under French law, the Platform also reserves the right to file a complaint with the competent judicial authorities.
In the event of identity theft, any remaining funds in the wallet will not be returned to the Creator, but will either be held in escrow or refunded to the Client.
The Company may take various disciplinary measures, including but not limited to, in the following situations:
Furthermore, if the User is involved in frequent disputes or is the subject of complaints from Clients reported to the Company's Customer Service, the Company reserves the right to limit the visibility of the User's content in search results, or to suspend or close their account.
Closure of the User's account by the Company automatically results in termination of these Terms and Conditions.
The Platform, including but not limited to all text, images, videos, photos, trademarks, logos, and trade names, is the exclusive property of the Company or its associated partners. These components are protected by applicable intellectual property laws, including copyright.
Any duplication or reproduction, in whole or in part, of the Platform or its components, without the Company's explicit consent, is prohibited and would be considered a violation of the French Intellectual Property Code.
Each User who submits Content to the Platform retains full ownership of their posts.
By creating a profile or leaving reviews on other profiles, the User expressly grants the Company the right to handle, distribute, host, store, copy, share, edit, adapt, translate, and display this public Content on the Platform, social media, blogs managed by the Company, and/or any other medium (including but not limited to physical and digital media, press kits, and commercial and promotional materials), by any means, for the purpose of operating, improving, promoting, and marketing the Services and the Platform, or for establishing partnerships.
Takema Pro is a subscription for creators that provides access to: a "Pro" badge on the profile, enhanced visibility in search results, a Pro badge, an audit with a UGC expert, priority support, and 0% Takema commission on missions plus a €1 excl. tax transaction fee.
A Takema Pro subscription is available either for a one-month period or a one-year period, with automatic renewal upon expiry of the chosen period. When the Creator chooses the annual subscription, payment is made in a single installment, and they are offered a discount equivalent to two free months.
After the first month or first year expires, the account is automatically renewed, using the payment method originally selected when subscribing to Takema Pro. If the payment for the annual renewal of Takema Pro fails, the creator must update their payment information within 7 days of this incident. After this period, without action on their part, access to the Takema Pro offer will be suspended.
If the payment for the annual renewal of Takema Pro fails, the creator must update their payment information within 7 days of this incident. After this period, without action on their part, access to the Takema Pro offer will be suspended. The creator will then lose the associated benefits.
Creators may cancel their Takema Pro subscription at any time via the Stripe portal. Cancellation will take effect on the next renewal date, and no new payment will be charged.
Refunds
The creator agrees that access to Takema Pro is available immediately upon confirmation of payment and waives their right of withdrawal in accordance with Article L221-28 of the French Consumer Code.
After payment for Takema Pro, no refund will be issued for any reason whatsoever.
After payment for Takema Pro, given the nature of the digital service provided directly without a physical medium and accessible without delay, it is agreed that no refund will be issued for any reason whatsoever. This policy is explicitly communicated to, and consented to by, the Creator prior to purchase.
Takema offers Creators registered on the Platform an affiliate program accessible from the Profile section, under "Affiliate Program". This program allows them to receive a commission on orders placed by brands they have invited to sign up on the Platform.
Tracking of the affiliate relationship is carried out via a unique, personal, non-transferable link automatically generated by the Platform. Any brand registration via this link triggers tracking of the affiliate relationship.
An affiliate Creator may not receive an affiliate commission on an order for which they are themselves the service provider, i.e. when they are directly involved as the Creator in an order placed by the affiliated brand.
This incompatibility applies on an order-by-order basis, without affecting eligibility for the program on other orders placed by the same brand with other Creators.
The Creator undertakes to use their affiliate link in accordance with these terms and the following rules:
Takema reserves the right to deactivate an affiliate link and suspend the payment of commissions in the event of non-compliance with these rules, without prejudice to any other action.
The commission is set at 5% of the pre-tax amount of each eligible order placed by the affiliated brand, for a period of 12 months from the date the brand registered on the Platform.
Commissions are calculated automatically and paid by bank transfer at the end of the month following validation of the order, to account for any refunds or disputes in progress.
Payment of commissions is conditional on:
The invoice corresponding to affiliate commissions is automatically generated by the Company, in accordance with the Billing Agreement defined in Article 4. Earnings from the affiliate program can be combined with income from the Creator's Missions.
The Company reserves the right to suspend, cancel, or reclaim commissions paid in the event of suspected fraud, misuse of the program, fraudulent brand registration, or non-compliance with these terms. If the Creator's account is closed for any reason, any commissions not yet paid are permanently forfeited.
The Company reserves the right to modify the terms of the affiliate program or terminate it at any time, with 30 days' notice sent by email to the address associated with the Creator's account. Commissions corresponding to orders validated before the termination date remain due and will be paid in accordance with the terms in effect.
These general terms and conditions of sale and use are governed by French law. Any dispute arising from their performance shall be submitted to the Montpellier Commercial Court.
