Terms of Service

These Terms of Service govern your use of the Earthist mobile application and website (the “Platform”), operated by Earthist (“we”, “us”). By creating an account or using the Platform, you agree to these Terms. If you do not agree, do not use the Platform.

You must be at least 18 years old and able to form a binding contract. The Platform is intended for use in Australia.

Earthist is an online marketplace that connects businesses (“Clients”) with independent content creators (“Creators”). When a Client accepts a Creator’s bid, a contract for services is formed between the Client and the Creator. Earthist is not a party to that contract, and is not the employer, agent or partner of any user.

We provide the Platform, and once online payments launch, payment facilitation and escrow. We do not provide the creative services ourselves.

You are responsible for your account, for keeping your credentials secure, and for all activity under your account. You must provide accurate information during onboarding, including a valid ABN where requested. We may suspend or terminate accounts that breach these Terms or that we reasonably believe pose a risk to other users.

Creators operate as independent contractors, not employees of Earthist. Creators are responsible for their own tax obligations, including ABN and GST registration where applicable, and their own equipment and insurance. A separate Creator Agreement, accepted in the app, sets out additional terms for Creators.

During the launch beta, Earthist charges no platform fee. When online payments launch, a platform fee will be charged to Creators as disclosed at the time of bidding, and it will apply only to bookings created after that date. Bookings made during the beta will never be charged a fee retroactively.

Clients are not charged a separate booking fee. We may change our fees on reasonable notice; the fee that applies to a booking is the fee shown at the time the booking is made.

During the launch beta, Earthist does not process payments. Clients and Creators agree the price on the Platform and settle payment directly between themselves.

When online payments launch, payments will be processed by Stripe: when a booking is confirmed, the Client’s payment will be authorised and held in escrow, and funds released to the Creator (less the platform fee) when the Client approves the delivered work, or automatically after the auto release window (currently 72 hours from delivery) if no action is taken.

A booking may be cancelled before delivery in accordance with the cancellation flow in the app. Once online payments launch, cancelling a booking releases any authorised payment back to the Client.

If a Client is dissatisfied with delivered work, they may request a permitted revision or raise a dispute. Disputes are reviewed by Earthist, which may mediate and determine an outcome. Nothing in these Terms limits your rights under the Australian Consumer Law.

You retain ownership of content you upload. You grant Earthist a non⁠exclusive, royalty⁠free licence to host, display and use that content as needed to operate and promote the Platform. You must not upload content that is unlawful, infringing, misleading, harassing, hateful, or otherwise objectionable.

We have zero tolerance for objectionable content or abusive behaviour. The Platform provides tools to report content or users and to block users. We review reports and may remove content, suspend or ban users, and act within 24 hours of a valid report of objectionable content.

Bookings may involve meeting in person. You are responsible for your own safety and for exercising reasonable judgement. Earthist does not background check users beyond the verification described in the app and is not responsible for the conduct of any user.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies those guarantees. To the extent permitted by law, our liability for a failure to comply with a consumer guarantee is limited to resupplying the service or paying the cost of resupply.

To the maximum extent permitted by law, Earthist is not liable for any indirect, incidental or consequential loss, or for the acts, omissions, content or services of any user. You agree to indemnify Earthist against claims arising from your breach of these Terms, your content, or your use of the Platform, to the extent permitted by law.

You may stop using the Platform and close your account at any time, directly in the app (Me, then Delete account) or by contacting us. We may suspend or terminate your access if you breach these Terms or to protect the Platform or its users.

We may update these Terms from time to time. Material changes will be notified in the app or by email. Continued use after changes take effect constitutes acceptance.

These Terms are governed by the laws of Victoria, Australia, and you submit to the non⁠exclusive jurisdiction of the courts of Victoria.

Earthist, Melbourne, Victoria, Australia · support@earthist.com.au