Terms of Service

Creative Terms

5. Showcasing on Blens.

5.1 Creatives.

As a Creative on the Blens platform, you have the opportunity to share your creative work, whether it's in the form of art, design, photography, writing, or any other creative service, with our vibrant community of Clients and earn income from your talents. Creating a Portfolio on Blens is simple, and it allows you to effectively showcase your work and services to potential Clients. You have the freedom to create engaging portfolios and display your services in a way that best represents your unique creative abilities.

5.2 Contracting with Clients.

When you accept a booking request or receive a booking confirmation through the Blens platform, you enter into a direct contract with the Client. As a Creative, you are responsible for delivering your creative services to the Client according to the terms and pricing specified in your Listing. By accepting bookings, you agree to comply with applicable fees, including Blens' service fee and any relevant taxes, for each booking. Blens Payments will deduct the amounts owed from your payout, unless alternative arrangements have been agreed upon. Any additional terms, policies, or conditions that you include in a supplemental contract with Clients must be consistent with Blens' Terms of Use, Additional Legal Terms, Policies, and the information provided in your Listing. It is important to prominently disclose these terms in your Listing description to ensure transparency and clarity for Clients.

5.3 Independence of Creatives.

As a Creative on Blens, you maintain your independence as an individual or entity. Blens does not direct or control the creative services you provide. You have the freedom to decide when and how to offer your services, including setting your own prices and determining the terms and conditions that best suit your creative offerings. While Blens may act as a payment collection agent, your relationship with Blens is not that of an employee, agent, joint venturer, or partner. Please refer to Blens' Payment Terms for more information on payment processing.

6. Managing your session types

6.1 Creating and managing your session types

Blens provides you with intuitive tools to create and manage your session types effectively. It's important to create a comprehensive and accurate listing that includes all the relevant information about your session, such as the type of creative service you offer, pricing details, any additional charges (e.g., materials fees, location fees), and any specific rules or requirements for your clients. You are responsible for keeping your listing information up to date, including availability on the calendar, and ensuring the accuracy of the content, such as photos. We recommend obtaining appropriate insurance coverage for your creative services and reviewing policy terms and conditions, including coverage details and exclusions. You may have one listing per session type, but you can create multiple listings if you offer different session options for the same creative service. Any offering of a session type is subject to our Additional Terms for Creatives.

6.2 Know your legal obligations

As a Creative on Blens, it is your responsibility to understand and comply with all applicable laws, rules, regulations, and contracts with third parties that pertain to your session types and the services you offer. For example, certain leases, homeowner or condominium association rules, and local regulations may restrict or prohibit specific types of creative services or short-term rentals. Some jurisdictions may require registration, permits, or licenses for providing certain creative services. It is important to familiarize yourself with the local regulations and legal obligations that apply to your session types. The information provided by Blens regarding legal requirements is for informational purposes only, and it is recommended that you seek independent legal advice to ensure compliance.

6.3 Your Responsibilities

You are responsible and liable for your own actions and omissions, as well as the actions and omissions of anyone involved in providing your creative services. It is your responsibility to set the price for your session types and establish the rules and requirements that govern them. Any fees or charges must be clearly described in your listing, and you may not collect any additional fees or charges outside the Blens platform, except for those explicitly authorized by our policies. You must not encourage clients to engage in activities that violate our Off-Platform Policy, such as creating third-party accounts, submitting reviews outside the platform, or sharing contact information.

6.4 Hosting as a Team or Organization

If you work as part of a team, business, or organization and collaborate with co-hosts or other hosts, each individual and entity involved in providing creative services is responsible and liable as a host under Blens' Terms of Use. If you accept terms or enter into contracts, you represent and warrant that you have the authority to do so on behalf of your team, business, or organization, and that all entities involved are in good standing under the relevant laws. If you instruct Blens to transfer a portion of your payout to a co-host or other hosts, or to make payments to third parties, you must have the necessary authorization and assume responsibility for the accuracy of the payment information provided.

6.5 Your Assumption of Risk

Hosting creative services carries inherent risks, and you agree to assume the entire risk associated with accessing and using the Blens platform, offering your creative services, and interacting with other members of the community, both online and offline. It is your responsibility to conduct due diligence regarding the Blens platform, any applicable laws, rules, regulations, and obligations related to your session types and creative services. You acknowledge that you are not relying on any statements of law made by Blens and that you have had the opportunity to investigate and understand the platform and its associated risks.

7. Transferring Finished Work

7.1 Uploading and Sharing.

The Blens platform provides you with the ability to upload and transfer your finished work to clients. You can securely share your work by uploading it to the platform and providing access to your clients.

7.2 Ownership and Responsibility.

You retain full ownership of your finished work transferred through the Blens platform. You are solely responsible for the content and quality of the work you transfer to clients. Blens does not claim ownership of your finished work.

7.3 Security and Privacy.

We prioritize the security and privacy of your transferred work. Blens implements industry-standard measures to protect your work from unauthorized access or disclosure. However, it is important to note that no method of transmission over the internet or electronic storage is completely secure. You should take appropriate precautions to protect your work and ensure its confidentiality.

7.4 Client Access.

When you transfer finished work to a client through the Blens platform, you grant them access to view, download, and use the work for the intended purpose as agreed upon between you and the client. The terms of usage should be clearly communicated and agreed upon by both parties.

8. Cancellations, Issues, and Booking Modifications.

8.1 Cancellations and Refunds

At Blens, we understand that cancellations and unforeseen circumstances can sometimes arise. We have established a clear and fair cancellation policy to provide guidance for our clients. By default, all clients fall under our general cancellation policy, which allows for a full refund if a session is canceled at least 72 hours before the scheduled date and time. We value the flexibility and autonomy of our creatives, and in the future, we will introduce a feature that enables them to specify their own cancellation policies. This will allow clients to have a better understanding of the cancellation terms when booking a session with a specific creative. Furthermore, under extenuating circumstances, we reserve the right to evaluate each case individually. If a client encounters such circumstances, we may issue a partial or full refund to ensure fairness and address exceptional situations.

8.2 Booking Modifications

We understand that sometimes changes need to be made to a booking. Both clients and creatives are responsible for any modifications to bookings made through the Blens platform or with the assistance of our customer service. Any adjustments to the booking, including additional amounts, fees, or taxes, will be the responsibility of the parties involved in the booking modification.

9. Taxes.

9.1 Host Taxes.

As a Host on Blens, you have the responsibility to determine and fulfill your obligations under applicable laws regarding the reporting, collection, remittance, or inclusion of any applicable taxes, such as VAT or other indirect taxes, occupancy taxes, tourist taxes, income taxes, or any other relevant taxes (collectively referred to as "Taxes").

9.2 Collection and Remittance by Blens.

In certain jurisdictions where Blens facilitates the collection and/or remittance of Taxes on behalf of Hosts, you authorize Blens to collect Taxes on your behalf and/or remit the collected Taxes to the relevant tax authority. Any Taxes collected and/or remitted by Blens will be clearly identified on the transaction records of the respective Members. In the event that the Taxes collected and/or remitted by Blens are insufficient to fully discharge your tax obligations, Blens may seek additional amounts from you (including by deducting such amounts from future payouts). In such cases, your sole remedy for Taxes collected by Blens is to seek a refund from the applicable tax authority. Please note that Blens retains the right, with prior notice to affected Members, to cease the collection and remittance of Taxes in any jurisdiction for any reason.

9.3 Tax Information.

In some jurisdictions, tax regulations may require Blens to collect and/or report tax information about you, withhold taxes from your payouts, or both. If you fail to provide sufficient documentation to support any obligation to withhold taxes from your payouts, Blens may withhold the necessary amount as required by law until the proper documentation is provided. By using the Blens platform, you agree that Blens may issue invoices or similar documentation for VAT, GST, consumption taxes, or other applicable taxes on your behalf to facilitate accurate tax reporting by you, our Guests, and/or their organizations.

9.4 Quebec Sales Tax.

With regard to taxes applicable to services provided to Hosts or Guests under the Act respecting Quebec sales tax, the service fees charged by Blens are deemed to include any Quebec sales tax payable unless the consideration paid or payable for the services and the amount of Quebec sales tax payable (if any) in respect of such services are clearly displayed and presented to you. Please note that a VAT invoice may not be issued with respect to taxes applicable to services provided to Hosts or Guests under the Act respecting Quebec sales tax.

General Terms

10. Reviews

After each session on Blens, clients and creatives will have the opportunity to review each other. It is important to provide accurate and honest reviews that reflect your experience. Reviews must comply with Blens' Content Policy and may not contain any discriminatory, offensive, defamatory, or misleading language. Please ensure that your reviews are respectful and constructive.

11. Content

Blens allows users to provide feedback, text, photos, audio, video, information, and other content (collectively, "Content"). By providing Content on the platform, you grant Blens a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to use, modify, distribute, publish, and exploit that Content without limitation. It is your responsibility to ensure that you have the necessary rights or permissions to grant Blens these rights. While you retain ownership of your Content, Blens may use certain features or services to translate or transcribe the Content for better accessibility or user experience. However, Blens does not guarantee the accuracy or quality of translations, and users should verify the accuracy of translated Content. You are solely responsible for the Content you provide. Please refer to our Privacy Policy for information on how we handle personal information. By providing Content on Blens, you acknowledge and agree to these terms regarding the use, modification, distribution, publication, and exploitation of your Content by Blens within the scope of the platform.

12. Fees

Blens may charge fees (including applicable taxes) to clients and creatives for the use of the platform. The specific details of the fees, including when they apply and how they are calculated, can be found on the Blens website. Please note that service fees are generally non-refundable, unless stated otherwise on the platform. Blens reserves the right to change the service fees with prior notice to the users. If you disagree with any fee changes, you have the option to terminate your agreement with Blens.

13. Blens Platform Rules

13.1 User Conduct

• Act with integrity and treat others with respect.
• Do not lie, misrepresent something or someone, or pretend to be someone else.
• Be polite and respectful when communicating or interacting with others.
• Follow our Nondiscrimination Policy and do not discriminate against or harass others.

13.2 Prohibited Activities

• Do not scrape, hack, reverse engineer, compromise, or impair the Blens platform.
• Do not use bots, crawlers, scrapers, or other automated means to access or collect data or content from the Blens platform.
• Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Blens platform or its content.
• Do not decipher, decompile, disassemble, or reverse engineer any software or hardware used to provide the Blens platform.
• Do not take any action that could damage or adversely affect the performance or proper functioning of the Blens platform.

13.3 Authorized Use

• Only use the Blens platform as authorized by these Terms or any other agreement with Blens.
• Use another user's personal information only as necessary to facilitate a transaction using the Blens platform as authorized by these Terms.
• Do not use the Blens platform, messaging tools, or users' personal information to send commercial messages without the recipient's express consent.
• Use content made available through the Blens platform solely as necessary to enable your use of the platform as a client or creative.
• Do not use content unless you have permission from the content owner or the use is authorized by Blens in these Terms or another agreement.

13.4 Compliance and Legal Obligations

• Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
• If you provide someone else's personal information, ensure compliance with applicable laws and obtain the necessary authorization.
• Read and comply with the Blens Terms, Additional Legal Terms, Policies, and Standards.
• Do not organize or facilitate unauthorized parties or events during your sessions.
• Do not use the name, logo, branding, or trademarks of Blens or others without permission and as set forth in our Trademark Guidelines.
• Do not offer or solicit prostitution or participate in or facilitate human trafficking.

13.5 Reporting Violations

• If you believe that a user, listing, or content on the Blens platform poses an imminent risk of harm to a person or property, contact local authorities first.
• If you believe that a user, listing, or content has violated our standards, report your concerns to Blens.
• For copyright infringement, please follow our Copyright Policy.

14. Termination, Suspension, and other Measures

14.1 Term

The agreement between you and Blens, as reflected by these Terms, is effective when you access the Blens Platform (e.g., creating an account) and remains in effect until either you or Blens terminate the agreement in accordance with these Terms.

14.2 Termination

• You may terminate this agreement at any time by sending us an email or by deleting your account.
• Blens may terminate this agreement and your account for any reason by providing you with 30 days' notice via email or using the contact information you have provided for your account.
• Blens may also terminate this agreement immediately and without notice, and stop providing access to the Blens Platform if you breach these Terms, violate our Additional Legal Terms or Policies, violate applicable laws, or if we reasonably believe termination is necessary to protect Blens, its users, or third parties.
• If your account has been inactive for more than two years, we may terminate your account without prior notice.

14.3 Member Violations

If you breach these Terms, our Additional Legal Terms, Policies, or our Standards, violate applicable laws, regulations, or third-party rights, or if Blens reasonably believes it is necessary to protect Blens, its users, or third parties, Blens may, with or without prior notice:

• Suspend or limit your access to or use of the Blens Platform and/or your account.
• Suspend or remove listings, reviews, or other content.
• Cancel pending or confirmed bookings.
• Suspend or revoke any special status associated with your account.

For minor violations or as otherwise determined appropriate by Blens in its sole discretion, you will be given notice of any intended measure and an opportunity to resolve the issue. You may appeal actions taken by us under this section by contacting customer service. If a session is canceled under this section, any fees paid to the creative will be reduced by the amount refunded or otherwise provided to the client, and by any other costs incurred as a result of the cancellation.

14.4 Legal Mandates

Blens may take any action it determines is reasonably necessary to comply with applicable law or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described in Section 13.3 above.

14.5 Effect of Termination

• If you are a creative and terminate your Blens account, any confirmed bookings will be automatically canceled, and clients will receive a full refund.
• If you terminate your account as a client, any confirmed bookings will be automatically canceled, and any refund will depend upon the terms of the session's cancellation policy.
• When this agreement has been terminated, you are not entitled to the restoration of your account or any of your content.
• If your access to or use of the Blens Platform has been limited, your Blens account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Blens Platform through another user's account.

14.6 Survival

Parts of these Terms that, by their nature, survive termination will remain in effect even after the termination of this agreement, including Sections 2 through 25.

15. Modification

Blens may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Blens Platform and update the "Last Updated" date at the top of these Terms. We will also provide you with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Blens Platform will constitute acceptance of the revised Terms.

16. Resolving Complaints and Damage Claims

If a client provides valid evidence that you, your creative(s), or your property caused damage to the complaining client's real or personal property, or real or personal property for which the complaining client is responsible, including consequential damages ("Damage Claim"), the complaining client can notify Blens and/or seek compensation through the Resolution Center. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Blens and Blens determines in its sole discretion that the Damage Claim is valid and you are responsible for the Damage Claim, Blens, via Blens Payments, can collect the amount of the Damage Claim from you. You agree that Blens may seek to recover from you under any insurance policies you maintain and that Blens may also pursue remedies available under applicable law, including referral of the matter to a collections agency and/or pursuit of available causes of action and/or claims against you. You agree to cooperate in good faith, provide any information Blens requests, execute documents, and take further reasonable action in connection with Damage Claims, client complaints, claims under insurance policies, or other claims related to your provision or use of creative services.

17. Blens' Role

We offer you the right to use a platform that enables users to publish, offer, search for, and book creative services. While we work hard to ensure our users have great experiences using Blens, we do not and cannot control the conduct of clients and creatives. You acknowledge that Blens has the right, but not the obligation, to monitor the use of the Blens Platform and verify information provided by our users. For example, we may review, disable access to, remove, or edit content to:

• Operate, secure, and improve the Blens Platform, including fraud prevention, risk assessment, investigation, and customer support purposes.
• Ensure users' compliance with these Terms.
• Comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body.
• Address content that we determine is harmful or objectionable.
• Take actions set out in these Terms.
• Maintain and enforce any quality or eligibility criteria, including by removing listings that don't meet quality and eligibility criteria.

Users acknowledge and agree that Blens administers its Additional Legal Terms, Policies (such as our Extenuating Circumstances Policy), and Standards (such as basic requirements for creatives), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Users agree to cooperate with and assist Blens in good faith, and to provide Blens with such information and take such actions as may be reasonably requested by Blens with respect to any investigation undertaken by Blens regarding the use or abuse of the Blens Platform. Blens is not acting as an agent for any user except where Blens Payments acts as a collection agent as provided in the Payments Terms.

18. User Accounts

You must register an account to access and use many features of the Blens Platform. Registration is only permitted for legal entities, partnerships, and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Blens Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Blens if you suspect that your credentials have been lost, stolen, or if your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to:

• Ask you to provide identification or other information.
• Undertake checks designed to help verify your identity or background.
• Screen you against third-party databases or other sources and request reports from service providers.
• Obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

19. Disclaimer of Warranties

Blens provides the Blens Platform and all Content "as is" without warranty of any kind, and we disclaim all warranties, whether express or implied, under Canadian law. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any client, creative, creative service, listing, or third party; (ii) we do not warrant the performance or non-interruption of the Blens Platform; and (iii) we do not warrant that verification, identity, or background checks conducted on listings or users (if any) will identify past misconduct or prevent future misconduct. Any references to a user or listing being "verified" (or similar language) indicate only that the user or listing or Blens has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by Canadian law. If you have statutory rights or warranties that we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by Canadian law.

20. Limitations on Liability

Neither Blens (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Blens Platform or any Content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage, or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Blens Platform or any Content, (iii) any communications, interactions, or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Blens Platform, or (iv) publishing or booking of a listing, including the provision or use of creative services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Blens has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit payments to creatives under these Terms, or make payments under the Blens Creative Damage Protection or Canada Creative Insurance, in no event will Blens' aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any users, or your use of or inability to use the Blens Platform, any Content, or any creative service, exceed: (A) to clients, the amount you paid as a client during the 12-month period prior to the event giving rise to the liability, (B) to creatives, the amount paid to you as a creative in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred Canadian dollars ($100 CAD).

These limitations of liability and damages are fundamental elements of the agreement between you and Blens. If applicable Canadian law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

21. Indemnification

To the maximum extent permitted by Canadian law, you agree to release, defend (at Blens' option), indemnify, and hold Blens (including Blens Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies, or Standards, (ii) your improper use of the Blens Platform, (iii) your interaction with any user, use of creative services, including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction or use, (iv) your failure, or our failure at your direction, to accurately report, collect, or remit Taxes, or (v) your breach of any laws, regulations, or third-party rights, such as intellectual property or privacy rights.