Creator programme terms

1. Who these terms are between

These terms are a contract between you, the creator, and BSNS GmbH, a limited liability company under Swiss law, Birkenstrasse 47, 6343 Rotkreuz, Switzerland, UID CHE-213.120.212 ("Baku", "we", "us"). They apply from the day we confirm your place in the programme. If we agree anything different with you, for example for a particular campaign, we confirm it in writing (an email is enough), and it applies in addition to these terms.

2. An independent partnership

You take part as an independent creator, in your own name and at your own risk. Nothing in these terms makes you our employee, agent or representative, and you cannot make promises or sign anything on our behalf. You decide whether, when and how you create content about Baku. We give you no script, and we do not need to approve your posts, but we may ask you to correct or remove a post that breaks these terms. The partnership is not exclusive.

3. Joining the programme

You join by applying at baku.care/creators. We decide on each application ourselves, looking at fit and trust rather than audience size, and we may decline without giving reasons. If we accept, we confirm by email and send you:

• Baku Plus, free for as long as you are in the programme;
• your personal code and links (section 4);
• the link to your private stats page (section 9).

Please use Baku for at least seven nights before your first post about it, so that you can speak from your own experience.

4. Your code and links

• Code link: baku.care/c/YOURCODE. People who use your code receive the offer we set for it, at the moment two weeks of Baku Plus free. We may change this offer for people who join later; we tell you in advance.
• Gift link: baku.care/gift?via=YOURCODE. Gifts bought through this link count for you (section 5).
• Each Baku account can use only one welcome code, ever. If someone has used another code before, yours does not count for them.
• Your code is personal. Do not pass it on to others to use as their own. We may change or switch off a code that is misused, after telling you where that is reasonable.

5. Your commission

You receive 25% of the proceeds Baku receives from:

• Subscribers who joined with your code: every payment such a person makes for Baku Plus in the 12 months after they used your code, including their first payment, renewals and changes of plan.
• Gifts bought through your gift link: gifts bought on our website after the buyer arrived through your gift link, in the same browser session. The link is remembered only in that browser tab, so a gift bought later or in another browser cannot be credited to you.
• Recipients of those gifts: if someone who received a gift bought through your gift link later pays for Plus themselves, their payments in the 12 months after they started the gift count too.

These do not count: your own purchases, accounts you or people close to you control, test purchases, free months and other promotional periods, payments that are refunded or charged back, and anything that results from a breach of these terms. If we agree a different rate or an additional amount with you, for example a fixed amount for each paying subscriber, we confirm it in writing; it never applies retroactively to your disadvantage.

6. How proceeds are measured

Proceeds are what Baku actually receives, after store fees, taxes and refunds:

• App Store and Google Play: what the store pays out for a payment after its commission and taxes, as reported to us by RevenueCat, the service that manages our subscriptions. Where no figure is reported, we count 70% of the price.
• Gifts bought on our website: the price paid, less VAT and less the payment provider's fee. We estimate that fee at 2.9% plus 0.30 in the currency of the payment, which errs on the low side.

We calculate proceeds and commission in US dollars, because the stores report in US dollars. Website gifts paid in other currencies are converted at the rates we use for reporting, which we review regularly and update whenever they move by more than 3%. Our records are decisive unless you show that they are wrong. You can ask us at any time to explain how a month was calculated.

7. Refunds

Refunds come off in the month in which they happen, as negative proceeds. If refunds in a month are larger than the new proceeds, we set the difference off against your next payouts. We do not ask you to pay it back in any other way, unless it results from a breach of these terms.

8. Payouts

• Hold: a month can be settled 30 days after it ends, so that refunds can come off first.
• Statement: we then prepare your payout statement for the month, check it and approve it. On your stats page the month moves from "Open" to "Being checked", "Approved" and "Paid".
• Payment: we pay approved amounts by bank transfer to the account you give us, with a payment reference on each transfer. We pay in Swiss francs, euros or US dollars as agreed with you, converted where needed at our bank's rate on the day of payment. Our bank's charges are ours; charges by your bank are yours.
• Paid months are final. If an error is found later, we correct it in a following month.
• Invoices: you agree that our payout statement serves as your invoice (self-billing), unless you tell us that you prefer to invoice us yourself.

Please tell us promptly if your bank details change. We may hold back a payout until we have the details we need to pay you lawfully, such as your tax or VAT information.

9. Your private stats page

Your stats page shows, month by month, how many people used your code, started a trial and became paying subscribers, the proceeds, your commission and the status of each payout. It shows counts and money only: never names, email addresses or anything about anyone's nights. Counts under five are shown as "fewer than five", so that no one can be recognised.

The link contains a secret key. Keep it to yourself. If you think someone else has it, tell us and we replace it.

10. Taxes and social insurance

You are responsible for your own taxes and social insurance contributions, and for declaring your commission, and the value of free Plus where required, as income. We do not deduct tax or social insurance unless the law requires us to. Commission amounts are net amounts: if you are registered for VAT, tell us your VAT number before your first payout, and VAT is added or accounted for under the reverse charge as the law requires.

11. Telling people it is advertising

Because you receive Plus for free and may earn commission, every piece of content in which you mention Baku as part of the programme is advertising, and it must be clearly marked as such:

• in German: "Werbung" or "Anzeige";
• in English: "#ad";
• in other languages, the equivalent word;
• and, where the platform offers one, its paid-partnership label.

The marking must be visible at once, at the start of the post, caption or video, not only in your bio or behind "more". In videos, podcasts and live streams, also say it out loud at the beginning. Gift links and giveaways need the same marking.

This is required, among others, by the Swiss Federal Act against Unfair Competition (UWG), the EU Unfair Commercial Practices Directive, section 5a of the German Act against Unfair Competition (UWG) and the Austrian Media Act, and, for audiences in the United Kingdom and the United States, by the CAP Code and the FTC's Endorsement Guides. If you are unsure whether something needs the label, mark it.

12. Content rules

People come to Baku on hard nights. These rules keep them safe and keep both of us on the right side of the law. They apply to everything you publish about Baku.

1. No medical claims. Baku is a wellness app, not a medical device. Never say or suggest that Baku cures, treats, heals or diagnoses anything, that it replaces therapy, a doctor or medication, or that it guarantees results. Say what you noticed yourself, or that research suggests imagery rehearsal can help with recurring bad dreams, using words such as "research suggests" or "many people find", and link to baku.care/science when you mention the method. Health-related advertising is tightly regulated, in Germany for example by the Heilmittelwerbegesetz.
2. Baku keeps watch. Describe Baku as a calm companion that keeps watch through the night. Never describe it as a creature that eats, feeds on or swallows dreams.
3. Never show anyone else's real nightmare. Your own nights are yours to share if you want to. Someone else's dreams, journal, entries or screen are not, not even blurred or anonymised.
4. Point to help. If your content touches on trauma, self-harm or suicidal thoughts, say where people can find help, such as a local emergency number or crisis line, and follow your platform's rules on sensitive topics. Do not sensationalise trauma.
5. No targeting by health condition. If you promote content about Baku with paid advertising, never target people by a health condition and never ask "Do you have nightmares?" in an ad. Target by interests such as sleep or wellbeing, within the platform's rules.
6. No fake reviews or fake reach. Do not post fake reviews of Baku, do not buy or reward reviews, and do not use bots, fake accounts or bought followers or views to promote your code.
7. Our brand in search and names. Do not bid on "Baku", "baku.care" or similar brand terms in search advertising, and do not use "Baku" in a domain, handle, app or account name, without our written permission.
8. Fair distribution. Do not publish your code on coupon or voucher sites, do not send unsolicited messages, and do not pay or reward people for using your code.
9. The right audience. Do not aim content about Baku at children, or at audiences that are mainly under 16.

Please tag us where you can: @baku.care on Instagram, @baku.app on TikTok, @baku_app on X, and the Baku company page on LinkedIn.

13. Giveaways

For giveaways we can issue gift codes for Baku Plus to you. They are free to you and to the winners, valid for the period shown when we issue them, and may not be sold or exchanged for money. You run the giveaway in your own name: you set and publish fair conditions, follow your platform's rules and the law that applies to prize draws in your audience's countries, choose the winners and send them their codes. Never ask entrants for health details or about their nightmares, and never show them; a question such as "Who would you give calmer nights to?" works well. You are responsible for the entrants' personal data.

14. Using the Baku brand

We give you a simple, non-exclusive, non-transferable licence, free of charge, to use the Baku name, the logo and the material in our press kit (baku.care/press) and in any creator kit we send you, for content about Baku within the programme. Use the material as provided: do not change the logo, its colours or proportions, and do not combine it with other marks. Do not suggest that Baku endorses you or anything other than this partnership. The licence ends when the partnership ends, and we may withdraw it for particular material at any time.

15. Your content

Your content stays yours. We may link to, share or repost your public posts about Baku on our own channels, with credit to you. Any further use, such as running your content as a paid advertisement, needs your consent first and is paid separately; saying no changes nothing else.

You confirm that you hold the rights to everything in your content, including music, images and footage, and that anyone who appears in it has agreed.

16. Confidentiality

Keep confidential any information we share with you that is not public, such as launch dates, unreleased features, individual terms we agree with you and your stats page. This applies during the partnership and for two years after it ends, except where the law requires you to disclose something. These terms themselves are public.

17. Data protection

Each of us is responsible, as an independent controller, for the personal data of its own audience and contacts: you for your followers, subscribers and giveaway entrants, and we for the people who use Baku. We never share the identity of anyone who used your code or your gift link with you, and we never ask you for your audience's personal data. We process your own details (contact data, application, codes, statistics, payout statements and bank details) as set out in our privacy policy.

18. Ending the partnership

• With notice: either of us can end the partnership at any time with 30 days' notice by email.
• Immediately: either of us can end it with immediate effect for a serious breach, for example fraud, undisclosed advertising, medical claims that are not corrected after we point them out, showing someone else's real nightmare, hateful or harassing content, or conduct that seriously harms the other's reputation.
• What happens then: your code and links stop working for new people; people who already used them keep what they received. Your free Plus ends. We pay commission on payments made up to the end date, after the usual hold, and none on payments made after it. You stop using our brand, but you do not need to delete posts that complied with these terms; their advertising marking must stay.
• Misconduct: if the partnership ends because of fraud or another serious breach on your part, commission that arose from the breach is forfeited, and we may set off any damage it caused us against amounts still owed to you.

19. Responsibility

Each of us is liable without limitation for intent and gross negligence, and for personal injury where the law does not allow a limitation. Otherwise, to the extent the law permits, neither of us is liable for slight negligence or for indirect or consequential damage, such as lost profit.

You are responsible for your content and for complying with these terms and the law. If someone makes a claim against us, or an authority fines us, because your content broke these terms or the law, you compensate us for it. We are responsible for the information and material we give you; if a claim arises because you used it as we provided it, we take responsibility.

20. Changes to these terms

We may change these terms for good reasons, such as new legal requirements or changes to the programme. We tell you by email at least 30 days before a change takes effect. If you do not agree, you can end the partnership before then. Changes never reduce commission for months that have already passed.

21. Applicable law and courts

These terms are governed by Swiss law, without its conflict-of-laws rules. The courts at Zug, Switzerland, have jurisdiction. Mandatory provisions of the law of the country where you live remain unaffected.

22. Contact

Questions about the programme, your code or a payout: media@baku.care, or BSNS GmbH, Birkenstrasse 47, 6343 Rotkreuz, Switzerland.