Terms of Service

Last updated November 2, 2026

Operator: Open Creators Pty Ltd. Registered address: [NEED: registered address]. ABN: [NEED: ABN].

These Terms of Service ("Terms") are an agreement between you and Open Creators Pty Ltd ("Surge", "we", "us"). They govern your use of https://surgecampaign.com and our related apps and services (the "Service"). By creating an account or using the Service you agree to these Terms and to our Privacy Policy.

1. What the Service does

Surge is a marketplace that connects video game publishers and developers ("Studios") with content creators ("Creators"). Studios fund campaigns. Creators publish short-form videos about the Studio's game on their own social media accounts and are paid according to the verified views those videos receive, under the campaign's published rate and limits.

2. Eligibility and accounts

  • You must be at least 18 years old, or the age of majority where you live if that is higher, to create an account.
  • You must give accurate information and keep it up to date. You are responsible for activity on your account and for keeping your login secure.
  • Studios must be authorized to act for the business they register, and to promote the games they add.
  • One person may hold one Creator account. We may verify identity and payout details before paying you.

3. Connected social media accounts

To join campaigns, Creators connect one or more social media accounts (for example TikTok, YouTube or Instagram) through each platform's official authorization flow. When you connect an account you authorize Surge to access, read-only, the data described in our Privacy Policy. That includes your public profile, and the list and performance metrics (such as view, like, comment and share counts) of your videos. We use this to verify your identity and audience, show your submitted videos to the Studio that funded the campaign, and calculate payouts.

We never post, comment, message or change anything on your social media accounts. You can disconnect an account at any time from your settings or from the platform's own settings (see Data deletion). Disconnecting stops tracking for that account.

Your use of each platform remains subject to that platform's terms. For YouTube, by connecting your account you also agree to be bound by the YouTube Terms of Service.

4. Creator terms

Joining and submitting

Each campaign lists its rate per 1,000 verified views, its maximum payout, guidelines, talking points, dates and review mode. When you join a campaign and submit a video link, you agree to that campaign's terms.

Disclosure

You must clearly disclose every campaign video as paid promotion, using the platform's paid-partnership label and/or a clear tag such as #ad, as required by the FTC, the UK ASA/CMA and other applicable laws. Videos without proper disclosure may be flagged and won't earn until fixed.

Review

Depending on the campaign, a Studio may review your video before it starts earning ("draft review"; videos not reviewed within 48 hours are approved automatically) or may flag it after posting ("post first"). Flags must give a reason. You can appeal any flag, and earnings on flagged videos are held, not forfeited, while the flag is resolved.

Verified views and tracking window

Views are read from the platform's official API for your connected account. We track each submitted video from submission until the end of the campaign plus 72 hours, or 30 days after submission, whichever is earlier (the "Tracking Window"). The first 1,000 views of each video are not paid. Views that fail our quality checks (for example bot traffic, purchased views, or abnormal geography or engagement patterns) are excluded. Your payout for a video is: (verified views − 1,000) ÷ 1,000 × your rate, capped at the campaign's maximum payout.

Keeping content live

Campaign videos must stay public for at least 30 days after posting. If a video is removed or made private during that period, we may withhold or reverse payouts for it.

Payouts

Earnings become available after the Tracking Window closes and any flags are resolved. Payouts are made weekly through our payment provider once you have completed payout onboarding. You are responsible for your own taxes. We may ask for tax forms before paying you.

Your content

You keep all ownership of your videos. You grant Surge and the Studio that funded the campaign a non-exclusive, worldwide, royalty-free license to display, link to and embed your submitted videos, and their titles, thumbnails and metrics, within the Service and in campaign reports. Any paid amplification of your video (for example TikTok Spark Ads or Instagram partnership ads) requires a separate authorization that you grant yourself on the platform.

5. Studio terms

  • Funding. Campaign budgets are prepaid. The budget includes our platform fee (currently 15%). The rest is the creator pool used to pay Creators.
  • Minimums and changes. Self-serve campaigns have a minimum budget, shown at checkout. While a campaign is live, its rate and maximum payout can be raised but not lowered.
  • Refunds. If you end a campaign early or it ends with unused budget, the unused creator pool is refunded to your balance or original payment method. Fees on amounts already paid to Creators are not refundable.
  • Reviewing content. You must review in good faith, flag only for the listed reasons, and not use the Service to obtain free content you then reject.
  • Your game and materials. You confirm you have the rights to the game, keys, assets and brand materials you provide, and grant Creators a limited license to use them in campaign videos.
  • Off-platform deals. For 12 months after a Creator first joins your campaign, you agree not to pay that Creator directly for comparable short-form promotion without going through the Service.

6. Prohibited conduct

You must not: buy or artificially inflate views, likes or followers; use bots, view farms or engagement pods; submit videos you did not create or do not control; re-upload others' content; impersonate anyone; misrepresent a game; post content that is unlawful, hateful, sexually explicit, or that targets minors; scrape or reverse-engineer the Service; or interfere with its security. We may suspend accounts, exclude views, withhold or reverse payouts, and report unlawful activity when we reasonably believe these rules were broken.

7. Third-party platforms and services

The Service relies on third-party platforms (including TikTok, YouTube/Google, Instagram/Meta and Steam) and service providers (such as payment processors). We aren't responsible for their availability, changes to their APIs, or their decisions about your accounts or content. If a platform's data is delayed or unavailable, tracking for affected videos may be paused or adjusted.

8. Our intellectual property

The Service, including its software, design and brand, belongs to Open Creators Pty Ltd and its licensors. We give you a limited, revocable, non-transferable right to use the Service under these Terms.

9. Disclaimers and limitation of liability

The Service is provided "as is" and "as available". We don't guarantee any number of views, sales, wishlists or earnings. To the fullest extent permitted by law, Surge is not liable for indirect, incidental, special, consequential or punitive damages. Our total liability for any claim is limited to the greater of the fees you paid us in the 12 months before the claim, or USD 100. Nothing in these Terms limits liability that cannot be limited by law.

10. Suspension and termination

You can close your account at any time. We may suspend or end your access if you breach these Terms, if required by law, or if a platform requires it. Earnings that were validly earned before termination (and not linked to a breach) will be paid out. Sections that by their nature should survive termination will survive.

11. Governing law and disputes

These Terms are governed by the laws of [Governing law jurisdiction], without regard to conflict-of-law rules. Before filing a claim, you agree to contact us at [contact email] and try to resolve the dispute informally for 30 days.

12. Changes

We may update these Terms. If a change is material, we'll notify you by email or in the app at least 14 days before it takes effect. Continuing to use the Service after that means you accept the updated Terms.

13. Contact

Open Creators Pty Ltd, [NEED: registered address]. Email: [contact email].