Creator Agreement.

Version 1.2 — in force from 15 October 2026

This Creator Agreement governs your relationship with Viroan sp. z o.o. when you publish and sell software through the Viroan marketplace. You accept it before you use the creator studio. It supplements the Terms of Service, which continue to apply to you as an account holder; where this Agreement and the Terms of Service differ on a matter concerning your activity as a Creator, this Agreement prevails. You enter into it as a business (a trader), not as a consumer; clause 1.3 says what applies if you are in fact a consumer. Terms defined in the Terms of Service have the same meaning here.

1. The parties and the scope of this Agreement

1.1. This Agreement is concluded with Viroan sp. z o.o., ul. Wielicka 42, lokal B3, 30-552 Kraków, Poland, KRS 0001270651, NIP PL 679-337-75-98, REGON 545853960 (“Viroan”), by you, the Creator (“you”). Viroan’s full identification is in the Legal Notice.

1.2. You accept this Agreement before using the studio; your acceptance is recorded with its date, your IP address and a cryptographic hash of the text, and a copy is made available to you. Until you accept it, the studio is not open to you.

1.3. You act as a business and not as a consumer, so the consumer-specific protections of the Terms of Service do not apply to your role as a Creator; the mandatory protections that the law on online intermediation services (Regulation (EU) 2019/1150) gives a business user do apply, and nothing here removes them. If you are in fact a natural person acting for purposes outside your trade, business or profession, the mandatory protections the law gives a consumer, including its rules on the applicable law and on the courts in which you may sue and be sued, apply to you, and a provision of this Agreement that is contrary to them does not bind you.

2. Becoming a Creator; identity verification

2.1. To list a Product or to receive a payout you must complete identity verification through Viroan’s provider: an identity document, a liveness check and a facial comparison, which are biometric data, and, for a company, its registry details, tax identifiers and beneficial owners. This verification is mandatory and there is no alternative to it; the legal basis and the handling of the data are in the Privacy Policy.

2.2. If verification is approved, you may list Products; if it is placed in review, you may list but payouts are held until a person completes the review; if it is declined, or if you declare a connection to a country that Viroan may not serve for legal or sanctions reasons, becoming a Creator is refused. Your buyer account is unaffected.

2.3. You may act as an individual, a team or a company; the members of a team and the representatives and beneficial owners of a company undergo the verification that applies to them. Where a Product has more than one author, clause 10 applies and the Product cannot be sold until it is satisfied.

2.4. You keep your identity, company and tax information true and current.

3. What you do, and what Viroan does

3.1. You create Products, submit them for verification, set their price, keep them in conformity, and provide the Product support stated on each Product page.

3.2. Viroan verifies Products, lists them, and is the seller of record of every licence to a buyer: it concludes the sale in its own name, issues the invoice, takes payment, and handles buyer refunds and chargebacks; it provides the platform and account support. Viroan acts as an intermediary and a reseller; it is not your partner, employer or agent, and nothing here creates a partnership, joint venture or employment.

3.3. Viroan does not guarantee you any level of sales, visibility or income, and does not guarantee that the marketplace will be available without interruption (clause 4.6 of the Terms of Service).

4. Your Product and its quality

4.1. You warrant that each Product does what its page and its Certificate say, installs and runs on the stated platform, is free of malicious code, hidden functionality, back-doors and anything that would take control of, damage, or take data from a buyer’s system or account, and does not request or require a permission it does not need — in particular, never a permission to withdraw funds from a buyer’s exchange or broker account.

4.2. You keep the Product in conformity for as long as it is sold and for the term of the licences sold, and you supply the updates, including security updates, needed to keep it in conformity. Viroan owes the buyer conformity as seller; where a lack of conformity is attributable to you, you cooperate in curing it and are responsible to Viroan for the cost under clauses 7.6 and 11.

4.3. You cooperate with verification and re-verification, give true information and the materials requested, and you do not design a Product to behave differently when it is verified than when it is used.

4.4. Each Product must be lawful, must be yours to sell (clause 6), and must not infringe the rights of a third party.

5. Your listing, your conduct and what you may say

5.1. You must not state or imply a guaranteed profit, a risk-free strategy, a specific or minimum return, or any result that a backtest cannot support; you must not present a backtest or a simulation as a live or actual trading result, nor hide its costs and assumptions; and every performance figure you publish must be one that Viroan can verify from the data behind it. A misleading claim about results is the most serious kind of listing breach and is dealt with under clause 9.

5.2. The content of your listing — the name, summary, description, setup instructions, images, video and links — must be accurate, lawful and yours to use, and must correspond to the Product that was verified.

5.3. You must not use the platform’s messaging or a buyer’s contact details to divert off the platform a sale that originated on it, nor solicit payment outside Viroan for a Product listed on it.

5.4. You must not buy, solicit, exchange, author or remove a review of your Product, nor induce a buyer to leave or change one; you may reply to a review where the platform allows it.

5.5. You must not open or use more than one creator account to evade a limit, a restriction or a fee, and you must not manipulate ranking, reviews or sales figures, including by buying your own Product (clause 7.7). Paid placement is governed by the Ranking & Paid Placement policy.

5.6. The content and conduct rules that apply to you as a Creator, and that a statement of reasons cites when Viroan acts, are set out as numbered paragraphs in Schedule 1 (Acceptable Use) to the Terms of Service; Parts A, C and D of that Schedule bind you, in addition to this clause 5.

6. The rights you grant, and how a buyer’s licence survives

6.1. You retain ownership of your Product. For each Product you submit, you grant Viroan a worldwide, non-exclusive licence — for as long as the Product is listed and for as long afterwards as is necessary to honour licences already sold — to host and store the Product, to compile it and apply Viroan’s licence-protection where applicable, to reproduce it, and to distribute and sublicense it to buyers as licences on the terms of the Terms of Service. The licence is limited to those fields of exploitation and to operating, securing and presenting the marketplace, and to no other field of exploitation.

6.2. You authorise Viroan to be the seller of record of each licence, to conclude the contract of sale with the buyer in Viroan’s own name, to issue the invoice, and to grant the buyer the licence described in clause 7 of the Terms of Service.

6.3. So that a buyer is not deprived of what they paid for if this Agreement ends or your arrangement with Viroan changes, you grant each buyer of your Product a direct, standing, non-exclusive permission to continue using the Version they licensed for the remainder of its term, on the terms on which it was sold. As against that buyer this permission is irrevocable and survives the end of this Agreement; it is the permission referred to in clause 7.6 of the Terms of Service.

6.4. This grant is given Product by Product, as you submit each Product; it does not extend to your other or future Products, does not transfer ownership, and does not permit Viroan to exploit the Product otherwise than as licences to buyers as described.

6.5. You identify any open-source or third-party component in a Product and ensure that its licence permits everything in this clause 6; you remain responsible for complying with those licences.

6.6. Viroan does not use your Product, its source code or your data to train artificial-intelligence models.

7. Price, commission, tax and payouts

7.1. You set the net price of your Product, X, in euro. The price shown to and paid by the buyer is 1.15 × X together with value added tax, presented as a single total that includes VAT; VAT on the sale to the buyer is accounted for by Viroan. Of the net amount you receive 0.85 × X, and Viroan retains the remainder (0.30 × X) as its commission for intermediation, verification, hosting, payment, invoicing and support.

7.2. The amount you receive is your remuneration for supplying the Product to Viroan for resale. You are responsible for your own taxes on it. Where you are a taxable person for value added tax, the supply to Viroan is treated under the applicable VAT rules, including the reverse charge for a cross-border supply within the European Union, and you issue any invoice those rules require.

7.3. Viroan pays you in money (fiat), in euro, through its payment provider, Stripe. To receive payouts you must first complete the payout provider’s own onboarding, which verifies your identity and your bank or payout details; this is separate from the identity check in clause 2.1, and until it is complete no payout can be made. Any fee the payout provider charges for making a payout to you is borne by you and is deducted from the amount paid out; Viroan does not add a charge of its own. Payouts are available on request above a minimum, and the schedule and any minimum are shown in the studio. Viroan does not pay out in cryptocurrency.

7.4. Where Polish withholding tax applies to a payment to you because you are resident outside Poland, Viroan withholds the amount it is required to withhold and pays you the balance; you may reduce or remove the withholding by providing a valid certificate of tax residence and any declaration that a double-taxation treaty requires.

7.5. A discount that Viroan funds — a promotional code Viroan issues, store credit, or a retention offer — never reduces your 0.85 × X; Viroan bears it. A discount you choose to run on your own Product reduces X, and so your 0.85 × X, accordingly.

7.6. Where a buyer is refunded, or reverses a payment, in respect of your Product, the corresponding part of your remuneration is reversed, and Viroan may set it off against your balance or future payouts; a refund that is Viroan’s responsibility, or a discount Viroan funded, is not charged back to you.

7.7. A purchase of your own Product earns you nothing: you receive a real licence and are really charged, but no remuneration accrues to you, and the purchase is recorded for review.

7.8. A payout may be held while an identity or payout review, a sanctions screening, or an authorship dispute concerning the Product (clause 10) is open; Viroan tells you the reason unless the law prohibits it.

7.9. Viroan may withhold a reserve from your payouts, or defer a payout for a reasonable period, where this is a proportionate response to a risk of chargebacks or reversals on your sales — in particular for a new Creator without a settled record, or following a pattern of reversals — and shall tell you the amount, the reason and how the reserve is released. A reserve is applied only to the extent needed to meet reversals that may arise on your own sales; it is your money, and it is paid out once the risk has passed.

8. Verification, the Certificate and re-verification

8.1. Before a Product may be listed you submit it and accept the licence for that Product (clause 6); Viroan then runs its verification procedure and a human reviewer decides. Verification is described in clause 8.5 of the Terms of Service and in the Risk Disclosure; it is Viroan’s own standard, performed independently of you but not by a third-party auditor, and it is not a promise about results.

8.2. A Certificate and its Gate Score describe a specific build measured against your own declaration. They may change as the thresholds are revised and on re-verification, and they are not comparable over time.

8.3. Viroan re-verifies listed Products periodically. A failed re-verification re-opens review and may lead, after a decision by a human reviewer and a statement of reasons to you, to the withdrawal of the listing. A change you make to a verified Product invalidates its certified status until it is verified again.

8.4. Viroan may decline to list, or may delist, a Product that fails verification, that it may not lawfully sell, that it cannot deliver for the platform you chose, or that breaches this Agreement, stating the reason.

9. Moderation, restriction, suspension and termination

9.1. In respect of any measure affecting you or your Product — the removal or editing of listing content, a reduction in ranking, the holding of earnings, the suspension of sales, the delisting of a Product, or the restriction, suspension or closure of your creator account — Viroan gives you a statement of reasons: the facts, the contractual or legal ground, whether automated means were used, the scope and duration, and how to seek review, save where the law or an order of a competent authority prohibits disclosure of the specific ground.

9.2. Viroan ends the provision of its marketplace service to you on at least 30 days’ notice, with reasons, except where it acts for a serious breach — in particular malicious code, fraud, infringement, sanctions, or a repeated or grave breach of this Agreement — or where the law or an imminent risk to buyers, to the platform or to others requires it to act sooner, in which case it may act at once and tells you why.

9.3. A restriction of the visibility of your listings is notified to you, with reasons; Viroan does not reduce the visibility of a paying business user’s Product silently, save in the narrow case in clause 9.1 where disclosure of the ground is prohibited by law.

9.4. You may stop selling a Product, or close your creator account, at any time.

9.5. The ending of this Agreement, or of a listing, for whatever reason, does not revoke a licence a buyer has already paid for: each such licence continues under the direct permission in clause 6.3. Viroan pays you any balance owed to you, subject to the amounts it may lawfully set off and to any hold under clause 7.8. The route to seek review of a measure is in the Complaints & Dispute Resolution policy.

10. Co-authorship, teams and companies

10.1. You warrant that you hold every right needed to make the grant in clause 6, including the consent of each co-author. Where a Product has more than one author, each co-author must be verified and must sign the co-author consent (the CCRF) before the Product may be sold; the consent is taken for each Product by naming it, not for your works in general, and the Product is blocked from sale until it is in place.

10.2. Viroan does not decide who owns a Product. Where an authorship or rights-holder claim is made and substantiated by a person, Viroan may hold the disputed Product’s share of new earnings and freeze the related payouts while the parties resolve the matter, under the procedure in the Complaints & Dispute Resolution policy; money held in this way is released to the Creator or to the claimant and is never kept by Viroan.

10.3. A team acts through a leader who is the payee; a company becomes the Creator once Viroan has approved it. The arrangements for teams, companies and co-authors are set out in the studio and in the documents they sign.

10.4. Your liability to Viroan under the co-author consent is limited to EUR 25,000, as that document provides, except for a liability that may not be limited — in particular liability for fraud, for a deliberately false statement, and for hidden malicious functionality.

11. Your warranties and your indemnity

11.1. You warrant that you have the right to enter into this Agreement and to make the grant in clause 6; that each Product and all of its content are yours to sell, are lawful and infringe no third party’s rights; that each Product is free of malicious or hidden functionality; and that everything you state about a Product is accurate and not misleading.

11.2. You indemnify Viroan against the loss, liabilities, claims and reasonable costs (including reasonable legal costs) that arise from a breach of clause 6 or 11.1, from your Product, from content you publish, or from your breach of this Agreement — including a claim by a buyer or by a third party and a regulatory penalty — to the extent caused by you. Viroan notifies you of such a claim, does not settle it without consulting you where that is practicable, and allows you to take part in its defence.

11.3. This indemnity does not extend to loss to the extent that it is caused by Viroan.

12. Viroan’s intellectual property, and data

12.1. Viroan’s platform, its software (including its licence-protection components), its design, databases and marks are owned by Viroan, as set out in clause 13 of the Terms of Service; this Agreement gives you no right in them beyond using the studio as permitted.

12.2. Viroan processes your personal data as the Privacy Policy describes. Where, in supporting a buyer, you receive data about them, you may use it only to provide that support, you must keep it secure, and you must not contact a buyer off the platform or for marketing without a lawful basis of your own; Viroan is the controller of the marketplace. In the studio you see data about your own Products — their sales, your revenue and payouts, refunds, ratings and reviews, and aggregated statistics such as the countries of buyers as percentages — and the messages buyers send you; you see a buyer only by username, never by name, email address or other contact data, and Viroan does not give you data about other Creators’ Products. After this Agreement ends you no longer have access to the studio, and you may ask Viroan for a copy of your sales and payout records.

12.3. Viroan does not use your Product or its code to train artificial-intelligence models (clause 6.6).

13. Liability

13.1. You are responsible to Viroan for the matters in clauses 4, 5, 6 and 11. Viroan is responsible for the functions it performs — the verification it states it has performed, the information it publishes, the operation of the licence, delivery and payout infrastructure, and paying you what you are due.

13.2. As between Viroan and you as businesses, and to the fullest extent the law permits, neither party is liable to the other for loss of profit, loss of opportunity, loss of data, or any indirect or consequential loss; and Viroan’s total liability to you arising out of this Agreement in any twelve-month period is limited to the total commission Viroan retained from your sales in that period.

13.3. Nothing in this clause limits a liability that the law does not permit to be limited — in particular liability for damage caused intentionally or by gross negligence, liability for personal injury, and the mandatory rights that the law on online intermediation services gives you. The cap in clause 10.4 applies to the liability it concerns.

13.4. This Agreement, together with the co-author consent you sign for a joint Product, is the entire agreement between you and Viroan on your liability as a Creator; there is no separate creator liability agreement, and the limits in clauses 10.4 and 13.2, together with the carve-outs in clause 13.3, are the whole of that position.

14. Changes to this Agreement

Viroan may amend this Agreement on the grounds and in the manner set out in clause 14 of the Terms of Service, on at least 30 days’ notice by email and in the application; you may terminate before the amendment takes effect. An amendment has no retroactive effect on a licence a buyer has already acquired or on remuneration already accrued to you. Each version is published with its effective date, and previous versions are retained.

15. Term and the effect of ending

This Agreement begins when you accept it and continues until you or Viroan ends it in accordance with clause 9. When it ends, your right to list Products ends; the licences buyers have already acquired continue under clause 6.3; Viroan pays the balance owed to you, subject to lawful set-off and to any hold; and the clauses that by their nature survive — clauses 6.3, 7 (as to accrued sums), 10, 11, 12, 13, 16 and this clause 15 — continue in force.

16. Governing law, language and jurisdiction

16.1. This Agreement is governed by Polish law.

16.2. The courts competent for the registered office of Viroan in Kraków, Poland, have jurisdiction over a dispute arising out of this Agreement, except where the Polish Code of Civil Procedure assigns the case to a specialised or exclusive court (in particular the Regional Court in Warsaw for intellectual-property cases concerning computer programs, art. 479⁹⁰ § 2), and without prejudice to clause 1.3, to any mandatory rule of the law on online intermediation services and to the parties’ ability to seek mediation of a dispute.

16.3. This Agreement is published in English and Polish. The Polish version is binding on a Creator who is a Polish citizen, who is resident in Poland, or which is a company established in Poland; in all other cases the English version is binding, and any other translation is provided for information only.

17. Final provisions

17.1. Notices are given as set out in clause 17.1 of the Terms of Service.

17.2. You may not assign or transfer this Agreement without Viroan’s written consent; Viroan may transfer it in connection with a transfer of its business, on notice to you.

17.3. If a provision of this Agreement is or becomes invalid, the remaining provisions continue in force.

17.4. A delay or failure to exercise a right is not a waiver of it, and a single or partial exercise does not prevent its further exercise.

17.5. This Agreement, the Terms of Service and the documents they refer to, together with your submissions and the order confirmations for your Products, are the whole of the agreement between you and Viroan for the matters they cover.

17.6. The clauses identified in clause 15 survive the ending of this Agreement.