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Terms of Service

Last updated: June 10, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") are a binding agreement between OneTake Collective LLC ("OneTake," "Company," "we," "us") and you. By accessing or using the OneTake platform, website, and related services (collectively, the "Platform"), or by checking a box indicating acceptance, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Platform.

IMPORTANT: Section 19 contains a binding arbitration provision and class action waiver that affect how disputes between you and OneTake are resolved. Please read it carefully. You may opt out within 30 days as described there.

2. Eligibility

  • You must be at least 18 years old and able to form a binding contract to create an account.
  • Campaigns involving cannabis, hemp, CBD, nicotine, or other age-restricted products require you to be at least 21 years old. We may require proof of age, and you represent that any age confirmation you provide is truthful.
  • The Platform is intended for users located in the United States.
  • You must provide accurate, truthful, and complete information during registration and keep it updated.
  • You may maintain only one creator account, and accounts are personal to you — they may not be shared, transferred, or sold.
  • You are responsible for maintaining the security of your account credentials and for all activity under your account. Notify us promptly at hello@onetakecollective.com if you suspect unauthorized access.

3. The Platform; Our Role

OneTake is a marketplace that connects independent content creators ("Creators") with brands and advertisers ("Brand Partners") for the creation of user-generated content campaigns. OneTake is not a party to the underlying relationship between Creators and Brand Partners except as described in these Terms, is not an employer, talent agency, or manager, and does not guarantee any volume of campaigns, invitations, or earnings. Brand Partners are solely responsible for their products, product claims, and product safety.

4. Creator Accounts

When you apply as a Creator, your account may be approved automatically or subject to review. We reserve the right to approve, deny, suspend, or revoke Creator accounts at our sole discretion, including based on content quality, audience authenticity, or compliance history. By creating an account, you represent that all information you provide — including social media handles, follower counts, and sales metrics — is accurate, complete, and yours.

5. Campaigns & Content

  • Campaign participation: Creators may browse, be invited to, and apply to campaigns. Acceptance into a campaign is at the discretion of the Brand Partner and/or OneTake.
  • Content requirements: You agree to follow the campaign brief, brand guidelines, applicable content requirements, and submission deadlines.
  • Content review: Submitted content is subject to review. We or the Brand Partner may request reasonable revisions or reject content that does not meet campaign requirements.
  • Auto-approval: If content is not reviewed within 3 business days of submission, it may be automatically approved.
  • Originality: Content must be your original work, created by you. Content may not be wholly AI-generated, recycled from another campaign, or created by a third party, unless the campaign brief expressly permits it.

6. Content Ownership & License

  • You retain ownership of original content you create.
  • By submitting content through the Platform, you grant OneTake and the associated Brand Partner a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, publicly display, publicly perform, modify, edit, and create derivative works of the content, in any media now known or later developed, for marketing, advertising, and promotional purposes — including organic social media, websites, email, retail and event displays, and paid media (including ad whitelisting, Spark Ads, and similar boosted or dark-post formats).
  • Name & likeness: You grant OneTake and the Brand Partner the right to use your name, voice, image, likeness, social media handle, and biographical information as embodied in or associated with submitted content for the purposes above, and you waive any right to inspect or approve such uses.
  • Moral rights: To the maximum extent permitted by law, you waive (or agree not to assert) any moral rights in submitted content against OneTake, the Brand Partner, and their licensees.
  • Portfolio use: We may feature submitted content and your creator profile in OneTake's own marketing (e.g., showcase reels, case studies).
  • This license survives termination of your account for content already submitted.
  • You represent and warrant that your content is original; that you have obtained all necessary releases and permissions (including from any people, music, trademarks, or locations appearing in it); that it does not infringe or misappropriate any third-party rights; and that it complies with all applicable laws and these Terms.
  • Feedback: If you send us ideas or suggestions about the Platform, we may use them without restriction or compensation.

7. Advertising Disclosures & Content Compliance (FTC)

  • You must comply with the FTC's Endorsement Guides (16 C.F.R. Part 255) and all applicable advertising laws when posting campaign content to your own channels.
  • You must clearly and conspicuously disclose your material connection to the Brand Partner (e.g., "#ad," "#sponsored," or the platform's branded-content tool) in a way that is hard to miss, on every piece of sponsored content, on every platform where it appears.
  • Your statements about products must be truthful, reflect your honest opinion and actual experience, and must not include claims the Brand Partner has not substantiated.
  • You may not make health, medical, therapeutic, or disease-treatment claims about any product — including cannabis, hemp, CBD, nicotine, or supplement products — unless expressly provided and substantiated in the campaign brief.
  • You must comply with the terms of service and branded-content policies of each social platform (TikTok, Instagram, YouTube, etc.) where you post.

8. Age-Restricted & Regulated Products

Some campaigns involve cannabis, hemp-derived, CBD, nicotine, vapor, or other regulated products. For those campaigns, you additionally agree that:

  • You are at least 21 years old and reside in a jurisdiction where receiving and creating content about the product is lawful.
  • Your content must not target, depict, or appeal primarily to minors, and must comply with all federal, state, and local laws and the advertising rules of the platform where it is posted.
  • You will include any age-gating, warning statements, or disclaimers required by the campaign brief or applicable law.
  • You will not resell, gift to minors, or redistribute regulated products received through a campaign.
  • Brand Partners — not OneTake — are solely responsible for the legality, labeling, safety, and regulatory compliance of their products.

9. Independent Contractor Status

Creators are independent contractors, not employees, agents, partners, or joint venturers of OneTake or any Brand Partner. Nothing in these Terms creates an employment relationship, and you are not entitled to benefits. You are free to work with other platforms and brands, control how you produce content, and use your own equipment. You are solely responsible for your own taxes, including self-employment taxes, on amounts earned through the Platform. We may require a completed IRS Form W-9 (or equivalent) before issuing payment and may report earnings on Form 1099 as required by law.

10. Payments

  • Payment amounts and any performance bonuses are specified per campaign and agreed upon before content creation.
  • Payments are processed within 7 days of content approval, via the payment method on your profile (e.g., PayPal, Venmo, direct deposit, or check). You are responsible for keeping payment details accurate; we are not liable for payments sent to outdated details you provided.
  • You are responsible for any taxes owed on earnings received through the Platform and for any fees charged by your payment provider.
  • OneTake is not responsible for payment delays caused by third-party payment processors.
  • We may withhold, offset, or reverse payment — and suspend or terminate your account — for fraudulent activity, fake or bot-driven engagement, plagiarized or undisclosed AI-generated content, misrepresentation, or material breach of these Terms.
  • Free products, where provided, are part of campaign consideration and are not redeemable for cash.

11. Product Shipments

Certain campaigns include free product shipments. You agree to provide an accurate shipping address. Risk of loss passes to you on delivery. Products shipped to you are yours to keep upon completion of your campaign obligations. You may not sell, auction, or otherwise commercially redistribute products received through campaigns unless explicitly authorized by the Brand Partner, and never to anyone under the legal age for the product.

12. Text Messages, Email & Electronic Communications

  • SMS: By providing your mobile number, you consent to receive text messages from OneTake — including account and campaign notifications and, where you have agreed, marketing and campaign-invite messages. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time or HELP for help. Consent to marketing texts is not a condition of using the Platform; opting out of marketing texts will not affect transactional messages needed to run your account.
  • Email: We send transactional emails (application status, shipments, payments, deadlines) and marketing emails. You can unsubscribe from marketing emails at any time via the link in each message.
  • Electronic delivery: You consent to receive all communications, agreements, and notices from us electronically, and you agree that electronic acceptance (e.g., checkboxes) has the same force as a physical signature.

13. Prohibited Conduct

You agree not to:

  • Submit content created by someone else, or generated entirely by AI, as your own work
  • Misrepresent your identity, age, qualifications, audience, engagement, or social media following (including purchased followers or bot engagement)
  • Use the Platform for any illegal purpose or in violation of any law or third-party platform policy
  • Attempt to circumvent security features, probe or scan our systems, or access other users' accounts or non-public areas of the Platform
  • Scrape, harvest, or collect data from the Platform, or use bots, scripts, or automated means to access it
  • Reverse engineer, decompile, or copy any part of the Platform
  • Spam, harass, threaten, or abuse other users, Brand Partners, or staff through the messaging system or otherwise
  • Share confidential campaign details, rates, briefs, or unreleased product information publicly or with third parties
  • Upload viruses, malware, or content that is unlawful, defamatory, infringing, or sexually exploitative

14. Confidentiality & Non-Circumvention

  • Campaign briefs, rates, brand strategies, unreleased products, and non-public Platform information are confidential. You agree to use them only to perform campaigns and not to disclose them, during and after your use of the Platform.
  • Non-circumvention: For 12 months after your last campaign with a Brand Partner you met through the Platform, you agree not to solicit or accept paid UGC work directly from that Brand Partner in a way that circumvents the Platform, unless we agree in writing.

15. Intellectual Property; Copyright Complaints (DMCA)

The Platform, including its software, design, text, graphics, and trademarks (including "OneTake"), is owned by us or our licensors. No license to our IP is granted except the limited right to use the Platform as intended by these Terms.

We respect intellectual property rights and respond to notices that comply with the Digital Millennium Copyright Act (DMCA). If you believe content on the Platform infringes your copyright, send a notice containing the elements required by 17 U.S.C. § 512(c)(3) to hello@onetakecollective.com with the subject "DMCA Notice." We may remove allegedly infringing content, forward notices to the affected user, accept counter-notifications, and terminate repeat infringers' accounts.

16. Termination

We may suspend or terminate your account at any time, with or without cause, including for violation of these Terms. You may stop using the Platform at any time and may request account deletion by contacting us at hello@onetakecollective.com. Upon termination: (a) pending payments for approved content will still be processed, except amounts withheld under Section 10; (b) unpaid amounts for unapproved or unsubmitted content are forfeited; and (c) Sections 6, 9, 14, 15, and 17–21 survive.

17. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CAMPAIGN AVAILABILITY, EARNINGS AMOUNTS, APPROVAL OF YOUR CONTENT, OR UNINTERRUPTED, ERROR-FREE SERVICE. ONETAKE MAKES NO WARRANTY REGARDING — AND DISCLAIMS ALL LIABILITY FOR — ANY PRODUCT PROVIDED BY A BRAND PARTNER, INCLUDING ITS SAFETY, LEGALITY, OR LABELING. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO PARTS OF THIS SECTION MAY NOT APPLY TO YOU.

18. Limitation of Liability; Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER ONETAKE NOR ITS OFFICERS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATING TO THESE TERMS OR THE PLATFORM; AND (B) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNTS PAID TO YOU THROUGH THE PLATFORM IN THE 12 MONTHS PRECEDING THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100). THESE LIMITS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW.

You agree to defend, indemnify, and hold harmless OneTake, its affiliates, and their officers, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) content you create or submit; (b) your breach of these Terms or violation of any law (including FTC disclosure rules and platform policies); (c) your taxes; or (d) your dealings with any Brand Partner outside the Platform.

19. Dispute Resolution — Arbitration & Class Action Waiver

  • Informal resolution first: Before filing a claim, you and we agree to try to resolve the dispute informally. Send a written description of your claim to hello@onetakecollective.com; we will do the same to your account email. If the dispute is not resolved within 60 days, either party may proceed as set out below.
  • Binding arbitration: Any dispute arising out of or relating to these Terms or the Platform will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this Section. Hearings may be conducted by videoconference; if an in-person hearing is required, it will take place in San Bernardino County, California or the county where you reside. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator decides all disputes about the scope and enforceability of this arbitration agreement, except a court decides the enforceability of the class waiver below.
  • Class action waiver: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of class proceeding. If this waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court.
  • Exceptions: Either party may bring an individual claim in small claims court, or seek injunctive relief in court for infringement or misuse of intellectual property or confidential information.
  • Mass filings: If 25 or more similar arbitration demands are filed against us by the same or coordinated counsel, the parties agree the AAA's mass-arbitration procedures (including batching or bellwether processes) will apply.
  • 30-day opt-out: You may opt out of this arbitration agreement by emailing hello@onetakecollective.com with the subject "Arbitration Opt-Out," your name, and your account email within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.
  • Jury waiver: To the extent any claim proceeds in court, both parties waive the right to a jury trial.
  • Any claim must be filed within one year after it arises, or it is permanently barred, to the extent permitted by law.

20. Governing Law & Venue

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. For any claim not subject to arbitration, the state and federal courts located in San Bernardino County, California have exclusive jurisdiction, and both parties consent to personal jurisdiction and venue there.

21. General

  • Entire agreement: These Terms, the Privacy Policy, and any campaign-specific terms you accept are the entire agreement between you and us regarding the Platform. If a campaign brief conflicts with these Terms, these Terms control unless the brief expressly says otherwise.
  • Severability: If any provision is found unenforceable, the rest remains in effect.
  • No waiver: Our failure to enforce a provision is not a waiver of it.
  • Assignment: You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
  • Force majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
  • Notices: We may provide notices via the Platform, email, or text message to the contact details on your account.

22. Changes to Terms

We may update these Terms at any time. We will notify registered users of material changes via email or platform notification at least 7 days before they take effect (except changes required by law, which may be effective immediately). Continued use of the Platform after the effective date constitutes acceptance of the revised Terms. The arbitration agreement in effect when a dispute arises governs that dispute.

23. Contact

For questions about these Terms, contact us at hello@onetakecollective.com.