UGC Scout Terms of Service

Version 1.0 · Effective date: July 18, 2026 · Last updated: July 30, 2026

These Terms of Service (the "Terms") govern access to and use of UGC Scout, a software platform for creator discovery and outreach management, operated by Burkhart Digital LLC, a Wyoming limited liability company with its registered office at 30 N Gould St #21068, Sheridan, WY 82801, USA (the "Company", "UGC Scout", "we", "us", "our").

By creating an account, subscribing to a plan, purchasing a credit pack, or otherwise using UGC Scout (the "Service"), you ("Customer", "you") agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other organization, you represent that you have the authority to bind that organization.

UGC Scout is a business-to-business product. It is offered only to businesses, agencies, and other organizations acting in a commercial or professional capacity, and is not offered to consumers. See Section 2.

If you do not agree to these Terms, do not use the Service.

1. Definitions

"Service" means the UGC Scout web application, its API, and all related features, including creator discovery, outreach drafting, campaign and deal tracking, content tracking, and payment reporting.

"Account" means the registered account through which Customer accesses the Service.

"Credits" means the internal usage-metering unit used to charge for individual actions within the Service (for example, running a creator search or a semantic pool search). Credits are not currency, are not redeemable for cash, and have no value outside the Service.

"Plan" means a recurring monthly subscription tier (Starter, Growth, or Agency) that grants a fixed number of Credits per billing cycle at a fixed monthly price.

"Credit Pack" means a one-time purchase of a fixed quantity of Credits at a fixed price.

"Creator" means a third-party individual whose publicly available social media content and profile information is indexed, searched, or contacted through the Service.

"Creator Data" means information about Creators made available through the Service, including handles, follower counts, view counts, engagement metrics, content themes, and contact channels, sourced from public social platforms via third-party data providers.

"Customer Content" means any data, text, product descriptions, or other materials Customer submits to the Service.

2. Eligibility and Business Use Only

(a) The Service is intended solely for use by businesses, agencies, and other commercial or professional organizations acting in the course of their trade or business. It is not intended for, and may not be used by, individual consumers acting for personal, family, or household purposes.

(b) By creating an Account, Customer represents and warrants that:

(i) Customer is entering into these Terms as a business, agency, or other organization, or as an individual acting solely on behalf of and for the benefit of such an organization;

(ii) Customer will use the Service exclusively for business purposes related to creator discovery, outreach, and campaign management; and

(iii) Customer is at least 18 years of age and has the legal capacity to enter into a binding agreement on behalf of the organization identified in the Account.

(c) Customer must provide accurate, current registration information and is responsible for the security of its Account credentials and for all activity that occurs under the Account.

(d) We reserve the right to suspend or terminate any Account that we reasonably believe is being used for personal or consumer purposes rather than genuine business use, or that otherwise violates these Terms.

3. Access and License

(a) Subject to these Terms and full payment of applicable fees, we grant Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the term of the Account, solely for Customer's internal business purposes.

(b) This license does not permit Customer to resell, sublicense, or provide the Service to third parties as a standalone service, to use the Service to build a competing product, or to reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent such restriction is prohibited by applicable law.

4. Billing and Credits

4.1 Plans

(a) Customer may subscribe to a recurring monthly Plan (Starter, Growth, or Agency) at the price displayed on the Service at the time of subscription. Each Plan grants a fixed number of Credits per billing cycle.

(b) Plan Credits are granted at the start of each billing cycle, are for use only during that cycle, and do not carry over or accumulate into future cycles. Unused Plan Credits at the end of a billing cycle have no cash value and are not refunded, converted, or credited toward any other purchase.

(c) Plans automatically renew at the end of each billing cycle at the then-current price unless cancelled before the renewal date. Cancellation takes effect at the end of the current billing cycle; Customer retains access to the Plan and any remaining Plan Credits until that date.

(d) We may change Plan pricing or Credit allowances on a going-forward basis. Material price increases will be communicated to Customer at least 30 days before taking effect on the next renewal.

4.2 Credit Packs

(a) Customer may separately purchase one-time Credit Packs. Credit Packs are charged once, are not recurring, and Credits purchased in a Credit Pack do not expire.

(b) When both a Plan and Credit Pack balance are available, the Service applies Plan Credits before drawing on Credit Pack balances, unless otherwise stated in the Service.

4.3 Payment Processing

(a) All fees are charged in US Dollars and processed through Stripe, our third-party payment processor. We do not store Customer's full payment card details.

(b) Customer is responsible for keeping payment information current and for any taxes, duties, or fees associated with its purchases, except for taxes that we are required by law to collect and remit.

4.4 Refunds and Chargebacks

(a) Because Credits are consumed at the moment an action is taken, Credits already consumed are non-refundable.

(b) Unused Credit Pack balances and unused current-cycle Plan Credits are non-refundable except where required by applicable law, or at our sole discretion in cases of demonstrated billing error.

(c) Customer agrees to resolve billing disputes directly with us before initiating a chargeback with its card issuer. Chargebacks and payment disputes initiated without first contacting us may result in immediate suspension of Account access and forfeiture of any remaining Credits, in addition to any other rights we may have.

5. Payment Reporting Only. UGC Scout Never Handles Creator Payments

UGC Scout does not process, hold, transmit, or facilitate any payment between Customer and any Creator. The Service's payment reporting feature is purely informational: it summarizes tracked content performance and calculates suggested amounts owed based on data Customer enters or the Service observes, so that Customer can review and pay Creators directly through its own payment method of choice, outside the Service.

Customer is solely responsible for all payments, contracts, tax reporting (including any required Creator tax forms), and compliance obligations arising from its relationships with Creators. We make no representation about the accuracy of any payment report and are not a party to, and bear no liability for, any transaction between Customer and a Creator.

6. Creator Data and Third-Party Sources

(a) Creator Data displayed through the Service is aggregated from publicly available social media profiles and content, obtained via one or more third-party data providers. We do not independently verify the accuracy, completeness, or currency of Creator Data, and it may be outdated, incomplete, or inaccurate.

(b) Customer acknowledges that Creator Data reflects information Creators have made public and is provided "as is," without warranty of any kind.

(c) Customer is solely responsible for how it uses Creator Data, including for outreach. Customer represents and warrants that its use of the Service to contact Creators will comply with all applicable laws and regulations, including anti-spam and electronic communications laws (such as the U.S. CAN-SPAM Act), applicable data protection laws, and the terms of service of the underlying social platforms from which Creator Data was sourced.

(d) We may remove, correct, or restrict access to specific Creator Data at any time, including in response to a Creator's request, a platform policy change, or a legal requirement.

7. AI-Generated Content

The Service uses AI models to generate suggestions, including keyword strategies, creator recommendations, deal-structure suggestions, and draft outreach messages ("AI Output"). AI Output is provided as a drafting aid only.

Customer acknowledges that AI Output may be inaccurate, incomplete, or unsuitable for a particular purpose, and agrees to review, edit as necessary, and take responsibility for any AI Output before sending it to a Creator, relying on it for a business decision, or otherwise using it outside the Service. We do not warrant the accuracy or fitness of AI Output for any purpose.

8. Acceptable Use

Customer agrees not to use the Service to:

(a) violate any applicable law or regulation, including laws governing unsolicited commercial communications;

(b) harass, defame, or send fraudulent, deceptive, or abusive messages to any Creator;

(c) scrape, bulk-export, or resell Creator Data outside the scope of Customer's own creator discovery and outreach activity;

(d) attempt to gain unauthorized access to the Service, other Accounts, or our infrastructure;

(e) interfere with or disrupt the integrity or performance of the Service; or

(f) use the Service to build, train, or benchmark a competing product.

We reserve the right to suspend or terminate any Account that violates this Section.

9. Customer Content and Intellectual Property

(a) Customer retains ownership of Customer Content. Customer grants us a limited license to use Customer Content solely to operate, maintain, and improve the Service on Customer's behalf, including generating AI Output.

(b) We and our licensors retain all right, title, and interest in and to the Service, including its software, design, and underlying technology. Nothing in these Terms transfers any such rights to Customer.

(c) We may use aggregated, de-identified data derived from use of the Service (not including Customer Content or data that identifies Customer or any Creator) to improve the Service and for analytics.

10. Confidentiality

Each party may have access to non-public information of the other party in connection with the Service ("Confidential Information"). Each party agrees to use the other's Confidential Information only as necessary to perform its obligations under these Terms, and not to disclose it to third parties except to employees, contractors, or service providers who need to know it and are bound by confidentiality obligations at least as protective as those in this Section. This Section does not apply to information that is or becomes publicly available through no fault of the receiving party, or that is independently developed without reference to the disclosing party's Confidential Information.

11. Warranty Disclaimer

THE SERVICE, INCLUDING ALL CREATOR DATA AND AI OUTPUT, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY CREATOR IDENTIFIED THROUGH THE SERVICE WILL RESPOND TO OUTREACH OR PERFORM AS EXPECTED IN ANY CAMPAIGN.

12. Limitation of Liability

(a) To the maximum extent permitted by applicable law, in no event will either party be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, or campaign performance shortfalls, arising out of or related to these Terms or the Service, even if advised of the possibility of such damages.

(b) To the maximum extent permitted by applicable law, our total aggregate liability arising out of or related to these Terms or the Service will not exceed the total fees Customer paid to us in the twelve (12) months preceding the event giving rise to the claim.

(c) The limitations in this Section do not apply to a party's indemnification obligations under Section 13, or to liability arising from a party's gross negligence, willful misconduct, or fraud.

13. Indemnification

Customer agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer's use of the Service in violation of these Terms; (b) Customer's outreach to, or dealings with, any Creator; (c) Customer's violation of any applicable law in connection with its use of the Service; or (d) any Customer Content.

14. Term and Termination

(a) These Terms remain in effect for as long as Customer maintains an Account.

(b) Customer may cancel its Plan at any time; cancellation takes effect at the end of the current billing cycle as described in Section 4.1.

(c) We may suspend or terminate Customer's Account, with or without notice, if Customer materially breaches these Terms, engages in fraudulent activity, fails to pay applicable fees, or if we reasonably believe the Account is not being used for genuine business purposes.

(d) Upon termination, Customer's right to access the Service ends. Any unused Plan Credits or Credit Pack balance is forfeited upon termination for cause. Sections 5, 6, 9(b), 10, 11, 12, 13, 16, and this Section 14(d) survive termination.

15. Changes to the Service

We may modify, add, or remove features of the Service at any time. We will make reasonable efforts to communicate material changes that significantly reduce functionality Customer has paid for.

16. Governing Law and Dispute Resolution

(a) These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of laws principles.

(b) The parties will first attempt to resolve any dispute arising out of or relating to these Terms through good-faith negotiation for a period of thirty (30) days.

(c) If negotiation fails, the dispute will be resolved exclusively through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Cheyenne, Wyoming. The arbitrator's decision is final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party bears its own costs and attorneys' fees unless the arbitrator determines otherwise.

(d) Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information.

17. Changes to These Terms

We may update these Terms from time to time. We will notify Customer of material changes by email or through the Service at least 30 days before they take effect. Continued use of the Service after the effective date of updated Terms constitutes acceptance of the changes.

18. General Provisions

(a) Entire Agreement. These Terms, together with our Privacy Policy and any order form or agreement referencing these Terms, constitute the entire agreement between Customer and the Company regarding the Service.

(b) Severability. If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

(c) Waiver. No failure to enforce any provision of these Terms constitutes a waiver of that provision or of the right to enforce it later.

(d) Assignment. Customer may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all of our assets.

(e) Force Majeure. Neither party is liable for delay or failure in performance due to circumstances beyond its reasonable control, including natural disasters, war, pandemics, or failures of third-party services we rely on to provide the Service.

(f) Notices. Notices to Customer will be sent to the email address associated with the Account. Notices to us should be sent to hi@ugcscout.app.

Contact

Burkhart Digital LLC 30 N Gould St #21068 Sheridan, WY 82801, USA Email: hi@ugcscout.app