Creator Challenge Agreement

Last updated: 2026-07-13  ·  Version: draft-0.1

This Creator Challenge Agreement (the "Agreement") is between What We Do Collective ("TrakMac," "we," "us") and the individual or entity that registers a creator account and clicks "I agree" ("Creator," "you"). By onboarding, publishing a challenge, or accepting a payout, you agree to these terms.

The exact registered legal entity name, state or country of formation, and registered address are [TO CONFIRM: registered legal entity name, state or country of formation, and registered address]. This draft refers to the operating brand as What We Do Collective and TrakMac.

1. What TrakMac provides ("the Platform")

TrakMac provides the technology rails only: creator account and dashboard, a challenge builder, an auto-provisioned storefront page, payment processing via Stripe Connect, entitlement delivery into the TrakMac iOS app, adherence reporting, and lifecycle messaging. TrakMac is not the author of your program, is not your coach or employer, and does not endorse your program content. You are an independent creator using the Platform to sell and deliver your own program to your own audience.

2. Relationship of the parties

You and TrakMac are independent contractors. Nothing here creates a partnership, joint venture, agency, franchise, or employment relationship. Neither party may bind the other. You are solely responsible for your own taxes, insurance, licensing, and business compliance.

3. Revenue share and fees

• Standard split: Creator 75% / TrakMac 25% of the challenge sale price, before payment processing fees. Founding Creators: 80% / 20%, granted by written addendum.
• Payment processing (Stripe) fees are deducted from the gross transaction before the split, so both parties share them pro rata.
• The platform fee is taken automatically at the time of sale via Stripe as an application fee. There are no upfront fees, no monthly platform fees, and no minimums to publish.
• No trailing subscription cut. If a client you bring later chooses to subscribe to the TrakMac app, that subscription is a separate transaction billed by Apple, and TrakMac keeps it. You are not paid a share of app subscription revenue under this Agreement.
• TrakMac may change standard rates prospectively on 30 days' notice. Changes never apply to challenges already published or sales already made.

4. Payouts, holds, and reserves

• Payouts are made by Stripe Connect Express directly to your connected bank account. TrakMac never holds or touches your bank credentials.
• Payout schedule: a rolling schedule on Stripe's standard delay, with an initial hold for new accounts before the first payout. The exact configured schedule is [TO CONFIRM: exact Stripe Connect payout schedule and first-payout hold period].
• Refund and chargeback holds: because a client can request a refund or a card can be disputed, a portion of your proceeds may be held in reserve or clawed back to cover refunds and chargebacks on your challenge. If a refund or chargeback occurs after you have been paid, the corresponding amount, including your share and, where permitted, associated fees, is reversed against your balance or future payouts. The reserve amount and method are [TO CONFIRM: reserve percentage and hold method, to be set with counsel].
• Negative balance: if your balance goes negative from refunds or chargebacks, you owe the difference. We may net it against future sales or invoice you.
• Tax reporting: Stripe issues you a 1099-K in the United States where its reporting thresholds are met. You are responsible for your own income tax. TrakMac does not withhold. See Section 11.

5. Content ownership and license

• You own your program. All challenge content you create or upload (workouts, meal guidance, targets, coaching messages, logo, brand assets, program name, testimonials) remains your intellectual property or your licensors'. This Agreement transfers no ownership of it to TrakMac.
• License to us (limited): you grant TrakMac a non-exclusive, worldwide, royalty-free license to host, reproduce, resize, format, cache, transmit, and display your content solely to operate, deliver, market, and support your challenge on the Platform. The license ends when the content is removed or the Agreement terminates, except for copies in backups and logs for a reasonable retention window, and content already delivered to enrolled clients for their challenge window.
• Your warranties on content: you own it or have all rights to use it, it does not infringe, it is accurate, and it complies with Sections 6 and 8.
• TrakMac IP: the app, Platform, and TrakMac brand remain ours. You get no license to the TrakMac marks beyond referencing that your challenge runs on TrakMac, per brand guidelines.

6. Acceptable conduct (Creator code)

You will not, and your content will not:

• provide medical, clinical, or individualized dietary or therapeutic advice, diagnose, treat, or claim to cure any condition (see Section 8 and the Health Disclaimer);
• make guaranteed-results, weight-loss guarantee, "lose X lbs," or before-and-after guarantee claims, or unsubstantiated health or efficacy claims (FTC endorsement and substantiation rules apply);
• promote disordered-eating behaviors, extreme caloric restriction, dangerous cutting, unsafe rapid weight loss, or supplement or PED misuse;
• target or knowingly enroll minors (under 18), or collect children's data;
• market to, or design a program specifically for, pregnant, postpartum, or clinically contraindicated clients without appropriate qualifications and disclaimers;
• harass, discriminate against, dox, or spam clients, or misuse the cohort messaging channel;
• upload malware, or infringing, obscene, hateful, or unlawful content;
• misrepresent your credentials, the program, price, start date, or what is included;
• circumvent the Platform to take a sale off-Platform after acquiring the client through it, or scrape or misuse client data (see Section 7).

You must hold and maintain any professional certifications or licenses you claim, and carry your own professional or general liability insurance where appropriate.

7. Client data and privacy

• Clients enrolled in your challenge are also TrakMac users. Their data is governed by the TrakMac Privacy Policy.
• What you can see, and only for your own active-challenge clients: the client's first name, their logging consistency and adherence, and whether they are hitting their protein and calorie targets (their macro totals compared against their targets). You do not see a client's actual food entries or meal descriptions, and you do not see email addresses or other personal contact details unless the client affirmatively opts in.
• This access is time-boxed. It is limited to the active challenge window, plus a final adherence snapshot after the challenge ends. It does not continue indefinitely.
• You are a limited processor of that data solely to run the challenge and coach your cohort. You will not export, sell, retarget, or use client data outside the challenge, and you will delete it on request or on termination.
• You will comply with anti-spam law (CAN-SPAM, CASL, GDPR e-privacy) for any messaging. A data processing addendum may be required for clients in the EU, UK, or California. [TO CONFIRM: controller and processor roles and whether a DPA is required, to be set with counsel]

8. Medical-advice restriction (flow-down)

Your program is general fitness and wellness information, not medical or dietary advice. You will present the TrakMac Medical and Fitness Disclaimer and will not override, remove, or contradict it. You will not instruct a client to ignore a physician, stop medication, or exceed safe limits. Nutrition targets you set are general guidance for healthy adults, and you will include the health acknowledgement at checkout. This clause survives termination.

9. Indemnification

• You indemnify TrakMac. You will defend, indemnify, and hold harmless TrakMac, its affiliates, officers, and staff from any claim, loss, liability, damages, penalty, and reasonable legal fees arising out of: (a) your challenge content or program; (b) your acts or omissions in coaching or running the challenge; (c) any injury, health harm, or damages a client alleges from following your program; (d) your breach of this Agreement, of Section 6 or Section 8, or of law; (e) your infringement of third-party IP; (f) your handling of client data; and (g) your tax obligations.
• TrakMac indemnifies you (narrower) for claims that the TrakMac Platform technology itself, excluding your content, infringes a third party's IP, subject to the liability cap in Section 11.
• Standard indemnity mechanics apply: prompt notice, control of defense, cooperation, and no admission or settlement without consent.

10. Term and termination

• Term: starts on acceptance, continues until terminated.
• Either party may terminate for convenience on 30 days' notice.
• TrakMac may suspend or terminate immediately for: violation of Section 6 or Section 8, fraud, chargeback abuse, safety risk to clients, legal or regulatory demand, unresolved identity verification, or Stripe account termination.
• Effect of termination: you stop publishing new challenges; clients already enrolled keep access and content through their paid challenge window (we honor their purchase); pending settled funds are paid out net of reserves and refunds; the content license winds down per Section 5; and surviving clauses (IP ownership, Section 8 medical, Section 9 indemnity, Section 11 liability, confidentiality, governing law) survive.
• On termination for cause, TrakMac may, at its option, refund affected clients (reversing your share) rather than continue delivery of in-flight challenges.

11. Limitation of liability

• To the maximum extent permitted by law, neither party is liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits or goodwill.
• TrakMac's total aggregate liability to you under this Agreement is capped at the greater of (a) the total platform fees you generated for challenges in the trailing 3 months, or (b) USD $500.
• Carve-outs from the cap (uncapped): your Section 9 indemnity obligations, your breach of Section 6 or Section 8, IP infringement, data misuse, and either party's fraud or willful misconduct.
• Consumer-law mandatory rights are not waived where they cannot be.

12. General

Assignment (TrakMac may assign; you may not without consent), entire agreement, severability, no waiver, notices, force majeure, and order of precedence (this Agreement over other Platform documents) apply. Governing law, venue, and dispute resolution (including any arbitration and class-action waiver, where enforceable) are [TO CONFIRM: governing law state, venue, and dispute-resolution terms].

Creators are also subject to Stripe's Connected Account Agreement in addition to this Agreement.

13. Contact

Questions or legal notices about this Agreement: [email protected]. Creator support and payout questions: [TO CONFIRM: creator support email].