MyCreate Terms & Conditions

1. Platform Use

MyCreate provides creators with access to a white-label beauty brand creation platform, including AI-powered brand generation, product curation from curated supplier lines, and integrated fulfilment through Silverwood. By using MyCreate, you agree to use the platform solely for lawful purposes in accordance with these terms. You are responsible for the accuracy of brand information you provide, the content you publish on your storefront, and ensuring your brand does not infringe the rights of any third party.

You must be at least 16 years old to use MyCreate as a creator. By registering, you confirm that you meet this age requirement and have the legal capacity to enter into this agreement, or where you are 16 or 17, that you have obtained parental or guardian consent in accordance with the process described below.

A creator may operate multiple brands under a single MyCreate account. Each brand is subject to these terms individually, and brand ownership tiers may differ between brands within the same account. Each brand must be registered and managed through the Brand Studio dashboard.

2. Brand Ownership & Tiers

MyCreate operates a three-tier brand ownership system:

3. Intellectual Property

You warrant that your brand name, logo, tagline, and any other identity elements you register on MyCreate do not infringe the trademarks, copyright, or other intellectual property rights of any third party.

MyCreate performs a best-efforts automated trademark check against UK IPO and EUIPO databases at the point of brand registration. This check does not constitute legal clearance and is not a substitute for independent legal advice. You acknowledge that the results are informational only and that you assume full responsibility for any IP infringement arising from your brand.

MyCreate uses artificial intelligence to assist in generating brand names, logos, colour palettes, typography suggestions, and packaging mockups. While MyCreate endeavours to ensure that AI-generated content does not infringe third-party rights, AI generation carries inherent limitations. You acknowledge that: AI-generated brand assets may inadvertently resemble existing trademarks or designs; the automated trademark check covers UK IPO and EUIPO databases but may not detect all potential conflicts, including unregistered trademarks, common law marks, or trademarks in jurisdictions outside the UK and EU; you are strongly advised to seek independent legal advice before commercial use of any AI-generated brand identity; MyCreate is not liable for IP infringement arising from AI-generated content that was accepted by the creator without independent legal review.

4. Revenue & Profit Margin

Creator profit margins are fixed at 15% of the retail sale price for Tier 1 brands, and 12% for Tier 2 brands. MyCreate retains the balance to cover manufacturing costs, fulfilment and logistics through Silverwood, regulatory compliance, platform operation, and supplier licensing fees. No additional deductions are made from your stated margin without prior written agreement.

Payment Terms:

1. Earnings are calculated on completed orders — delivered and not returned within the 14-day return window.
2. Payments are processed in weekly batches, disbursed every Monday for the prior week's eligible earnings.
3. A 14-day holding period applies to all earnings from the date of order completion, to account for potential returns, refunds, and fraud prevention.
4. Creators must provide valid UK bank account details via the MyCreate dashboard to receive payments. MyCreate is not responsible for payment delays caused by incorrect or outdated bank details.
5. Payments are made in GBP. MyCreate is not responsible for currency conversion fees or exchange rate fluctuations for non-UK bank accounts.
6. MyCreate will provide a monthly earnings statement accessible via the creator dashboard, showing gross sales, deductions (refunds, returns), and net payout.
7. No additional deductions are made from your stated margin without prior written agreement.

Minimum Pricing:

1. MyCreate sets a minimum retail price for each product (the "Minimum Price"), which covers manufacturing cost, platform margin, and associated fees. Creators may set their retail price at or above the Minimum Price but may not price below it. This ensures product quality perception and protects the platform's pricing integrity.

5. Brand Exit Clause

To exit the platform or transfer brand ownership, you must submit a formal Brand Exit Request via your Brand Studio dashboard. For Tier 1 brands: MyCreate receives 20% of any agreed sale price and holds a right of first refusal at the proposed valuation. For Tier 2 brands: no exit fee applies; the creator owns their brand outright and may transfer it freely. All exit requests are subject to a minimum 30-day review period. MyCreate will make reasonable efforts to assist in a clean transition of brand assets.

6. Platform Exclusivity

Regardless of tier, during the term of your agreement with MyCreate you may not use MyCreate's supply chain, Silverwood formulations, or MyCreate fulfilment infrastructure to sell products outside of the MyCreate platform. This restriction applies to the specific product formulations provided through MyCreate and does not prevent you from operating other aspects of your brand independently. Breach of this clause may result in immediate suspension and legal action.

7. Termination

MyCreate reserves the right to suspend or remove any brand that: (a) infringes third-party intellectual property rights; (b) violates these terms, platform guidelines, or applicable law; (c) has been inactive with no sales for a continuous period of 12 months or more; or (d) is associated with fraudulent, misleading, or harmful activity. Where possible, MyCreate will provide reasonable notice and opportunity to remedy prior to removal. Upon termination, MyCreate will process any outstanding earnings due to the creator within 30 days, less any deductions for pending returns, refunds, or chargebacks.

8. Returns, Refunds & Chargebacks

1. MyCreate operates a 14-day returns policy. Customers may return unopened and unused products within 14 days of delivery for a full refund.
2. Opened or used products may not be returned unless faulty or not as described.
3. Refunds for returned items will be deducted from the creator's earnings. If a refund is processed after a payout has been made, the refund amount will be deducted from the creator's next payout cycle.
4. MyCreate reserves the right to issue refunds at its discretion in cases of customer disputes, chargebacks, or fraud prevention.
5. Chargeback fees levied by payment processors (typically £15 per chargeback) will be deducted from the creator's earnings if the chargeback relates to the creator's products.
6. Creators may be held responsible for excessive return rates (defined as greater than 15% of orders). MyCreate reserves the right to review and potentially suspend brands with persistently high return rates.

9. Product Safety & Regulatory Compliance

1. MyCreate, through Wanderlust Brands Ltd, is registered as the UK Responsible Person for cosmetic products sold through the platform, in accordance with the UK Cosmetics Regulation.
2. All products available through MyCreate have undergone the required Cosmetic Product Safety Assessment (CPSA) and are registered on the Submit a Cosmetic Product Notification (SCPN) portal prior to sale.
3. While MyCreate ensures that all base formulations meet regulatory requirements at the point of manufacture, the creator is responsible for ensuring that any marketing claims made on their storefront, product descriptions, or promotional materials comply with applicable advertising standards (CAP Code), cosmetics regulations, and consumer protection law.
4. Creators must not make medicinal or therapeutic claims about products that would classify them as medicines under the Human Medicines Regulations 2012. Examples of prohibited claims include: "cures," "treats," "heals," or any claim implying treatment of a medical condition.
5. MyCreate reserves the right to remove or modify any product listing or marketing claim that it reasonably believes violates regulatory requirements. MyCreate is not liable for claims made by creators in their storefront content.
6. In the event of a product safety issue, recall, or adverse reaction report, MyCreate will coordinate the response as the UK Responsible Person, and reserves the right to recover associated costs from the creator where the issue arises from the creator's modification of product information or marketing claims.

10. Storefront Content & Conduct

1. You are solely responsible for all content published on your MyCreate storefront, including product descriptions, images, brand messaging, and promotional materials.
2. You agree that your storefront content will not: contain false, misleading, or deceptive claims about products or their ingredients; make medicinal or therapeutic claims that would classify products as medicines; infringe any third-party intellectual property rights; contain defamatory, obscene, discriminatory, or offensive material; violate applicable advertising standards, consumer protection law, or cosmetics regulations; or misrepresent the origin, ingredients, or safety of products.
3. MyCreate reserves the right to review, modify, or remove any storefront content that it reasonably believes violates these terms or applicable law, without prior notice.
4. You must maintain the security of your MyCreate account and are responsible for all activity conducted through your account.

11. Fulfilment & Shipping

1. MyCreate manages all order fulfilment through its warehouse operations and shipping partners. Creators are not responsible for packing or shipping products.
2. Standard shipping times are 2–3 working days within the UK. MyCreate is not liable for shipping delays caused by third-party carriers.
3. Shipping costs are determined by MyCreate and displayed to customers at checkout. Shipping costs are not deducted from the creator's profit margin.
4. MyCreate is responsible for lost or damaged packages during transit and will arrange replacements or refunds at no cost to the creator, provided the issue is reported within 30 days of the expected delivery date.
5. International shipping is available where supported by MyCreate's logistics partners. Customs duties and import taxes are the responsibility of the customer.

12. Distribution Channels

1. MyCreate may, at its discretion, offer creators the opportunity to distribute their products through additional retail and e-commerce channels, including but not limited to Amazon, Sephora, John Lewis, Walmart, and premium retail partners.
2. Distribution through secondary channels is subject to sales velocity milestones being achieved. Creators will be notified via their dashboard when a product qualifies for secondary distribution.
3. Creators must explicitly approve participation in any secondary distribution channel via their MyCreate dashboard. MyCreate will not list creator products on third-party channels without creator consent.
4. Pricing on secondary distribution channels will be consistent with the creator's direct storefront pricing, subject to channel-specific minimum requirements.

13. Data Protection

MyCreate is the data controller for personal data collected through the platform, in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

We collect and process the following categories of personal data: (a) account data (name, email address, location); (b) bank details (account holder name, sort code, account number) for payment processing — stored securely and used solely for disbursing creator earnings; (c) transaction data (sales, refunds, payouts); (d) brand and product data (brand information, product selections, storefront content).

We process this data for: providing the platform services, processing payments, regulatory compliance, fraud prevention, and platform improvement. We do not sell your personal data to third parties.

You have the right to access, correct, export, or delete your personal data, subject to legal retention requirements for financial records. To exercise these rights, contact privacy@mycreate.com. Full details are set out in our Privacy Policy, which is incorporated into these terms by reference.

14. Taxes

1. All prices displayed on MyCreate storefronts are inclusive of UK VAT at the applicable rate.
2. MyCreate, through Wanderlust Brands Ltd, is responsible for collecting and remitting VAT on all sales made through the platform.
3. Creators are not responsible for collecting or remitting VAT on sales processed through MyCreate.
4. Creators are responsible for their own income tax obligations relating to earnings from MyCreate. MyCreate does not provide tax advice and recommends that creators consult a qualified tax adviser regarding their personal tax position.
5. Creators earning above the VAT registration threshold (currently £90,000 per annum) should seek independent tax advice, as their individual circumstances may require additional registration.

15. Indemnity

You agree to indemnify and hold harmless MyCreate (Wanderlust Brands Ltd), its officers, employees, and suppliers from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms & Conditions; (b) your infringement of any third-party intellectual property rights; (c) your storefront content, marketing claims, or product descriptions; (d) any fraudulent, misleading, or unlawful activity conducted through your brand; (e) any breach of applicable consumer protection, advertising, or data protection law by you.

For creators aged 16–17, the parent or legal guardian who provided consent also agrees to indemnify MyCreate jointly and severally for any losses arising from the creator's use of the platform, as set out above.

16. Limitation of Liability

1. To the maximum extent permitted by law, MyCreate's total liability arising from or in connection with these terms or your use of the platform shall not exceed the total amount of earnings paid to you in the 12 months preceding the claim.
2. MyCreate shall not be liable for any indirect, consequential, special, or punitive damages, including loss of profits, loss of business, loss of reputation, or loss of anticipated savings.
3. Nothing in these terms shall limit or exclude liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be limited or excluded under applicable law.
4. MyCreate does not warrant that the platform will be uninterrupted, error-free, or available at all times. The platform is provided on an "as is" and "as available" basis.

17. Force Majeure

Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, civil unrest, government action, or failure of utilities or telecommunications networks.

18. Governing Law

These Terms & Conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England and Wales. MyCreate is a trading name of Wanderlust Brands Ltd, registered in England and Wales.

19. Changes to Terms

MyCreate reserves the right to update these terms from time to time. Material changes will be communicated by email with a minimum of 30 days' notice. Continued use of the platform following such notice constitutes acceptance of the revised terms.

20. Severability

If any provision of these terms is held to be invalid, illegal, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.

21. Entire Agreement

These Terms & Conditions, together with the Privacy Policy and any policies referenced herein, constitute the entire agreement between MyCreate and the creator regarding the use of the platform. These terms supersede all prior agreements, representations, and understandings, whether written or oral.

22. Assignment

You may not assign or transfer these terms or your rights under them to a third party without MyCreate's prior written consent. MyCreate may assign these terms to a successor entity in connection with a merger, acquisition, or sale of all or substantially all of its assets.