Terms of Service

1. Overview of the Service

Dinky provides infrastructure that enables creators and advertisers to manage advertising collaborations through structured workflows, creator pages, booking tools, campaign records, analytics, approvals, and payment functionality. Dinky does not guarantee campaign outcomes, advertising performance, creator availability, or commercial success.

2. Eligibility

You may use the Service only if:

• you can legally enter into a binding agreement;
• you comply with these Terms;
• you are at least 18 years old, or use the Service with the involvement, supervision, and consent of a parent or legal guardian where permitted by applicable law.

Dinky reserves the right to suspend or terminate accounts that do not meet eligibility requirements.

3. User Accounts

Users create an account with an email address and a password. Dinky may offer other ways to sign in, such as a Google account; a method is available only where the sign-in page offers it. Connecting a social media account to a creator page (section 15) is not a way to sign in.

Users are responsible for maintaining account security, protecting login credentials, and activities occurring under their account. Users must provide accurate information and keep account information updated.

4. Creator Pages

Creators may create public pages containing:

• profile information;
• pricing;
• audience information;
• availability;
• campaign formats;
• analytics;
• other creator-related content.

Creators are solely responsible for the accuracy of information displayed on their creator pages. Dinky may remove content that violates these Terms or applicable law.

5. Role of Dinky

Dinky is a marketplace: it puts creators and advertisers in touch and provides the tools they use to agree on and carry out a sponsored placement. The contract for a placement is concluded between the creator and the advertiser. The creator is the seller of the placement and is responsible for delivering it; Dinky is not a party to that contract and does not itself provide the placement.

Payments are processed by Stripe. The advertiser’s card payment is made to the creator as seller, through Stripe Connect, and is held on Dinky’s Stripe account until the publication is confirmed (section 7.7). Dinky then releases the creator’s share to the creator’s Stripe account, and keeps its commission. To receive payments, a creator must hold a Stripe account connected to Dinky and accept Stripe’s own terms.

6. Prices, Commission and Payment

• Price. The creator sets the price of each placement. It may not be lower than 50 €.
• Commission. Dinky charges a commission of 5% of the placement price, paid by the advertiser on top of the price. The commission is all-inclusive: payment processing costs are included in it, and no other fee is charged for the placement. The creator receives the full price they set. The commission is not refunded when the advertiser cancels an order, whatever the stage (section 8.2).
• VAT. French VAT is added to the commission and, where the creator is registered for VAT, to the price, unless the advertiser is a business established elsewhere in the European Union with a valid VAT number (reverse charge) or is established outside the European Union. The creator’s VAT is passed on to the creator with their price, and the creator remains responsible for paying it to the tax authorities.
• Payment. Payment is made by card only, through a Stripe payment page. The amounts shown on the payment page are those of the order and do not change once the payment request has been issued.
• Changes. Dinky may change its commission by publishing a new version of these Terms. A change never applies to an order whose payment request has already been issued.

Dinky may suspend or refuse a transaction for fraud prevention, security, or legal compliance reasons.

7. How an Order Works — Steps and Deadlines

Dates are calendar days in Coordinated Universal Time (UTC). Steps that happen automatically are carried out by a scheduled process and may take effect up to about an hour after the deadline.

7.1 Booking request and notice

The advertiser submits a booking request for a format and a publication date on the creator’s page. The date must leave at least the minimum booking notice for that format: 1 day for Instagram Stories, 3 days for Instagram posts and Reels and for TikTok, 7 days for YouTube formats, and 3 days for other formats, unless the creator has set a different notice for that format on their page. The last day on which a placement can still be booked for its date (the publication date minus the notice) is the “booking deadline”. The creator accepts or declines the request.

7.2 Brief

Once the creator accepts, the advertiser sends the brief and the creator approves it. This must be done within 72 hours of the creator’s acceptance, and in any event by the end of the booking deadline. Otherwise the order is cancelled automatically. Nothing has been paid at this stage, so nothing is owed.

7.3 Payment

Once the brief is approved and the creator’s payment account is ready, the advertiser receives a payment request. The advertiser has 72 hours to pay, and in any event until the end of the booking deadline. If the payment is not made in time, the order is cancelled automatically and the creator’s date is released. The booking is confirmed only when the payment succeeds.

7.4 Creative

After payment, the creator delivers the creative and the advertiser approves it or requests changes. The advertiser may request changes up to 10 times. After that, the advertiser may either approve the latest version or agree with the creator to cancel the order with a full refund, including Dinky’s commission.

The advertiser has 72 hours from the delivery of each version to approve it or request changes, and receives a reminder before that period ends. If the advertiser does neither in time, the version is deemed approved by the advertiser, with the same effect as an approval, including for cancellation (section 8.2). A request for changes stops the period; it starts again when the creator delivers the next version. No version is deemed approved once the publication day has passed.

7.5 Publication date and reminders

The creator is reminded 24 hours and 2 hours before the publication day. The publication date may be moved only if both parties agree to it through the Service.

7.6 Publication and proof

When the placement is published, the creator marks it as published and provides proof: a link to the publication on the relevant platform for Instagram, TikTok and YouTube formats, a screenshot for Instagram Stories, and a link or a file for other formats.

7.7 Confirmation and payout

The advertiser then confirms the publication or opens a dispute (section 9). If the advertiser does neither within 48 hours of the publication being marked as published, the publication is confirmed automatically. Dinky may postpone the automatic confirmation while the proof link cannot be opened. On confirmation, the creator’s share is released to the creator’s Stripe account.

7.8 Report

After confirmation, the creator may submit a report on the placement. The advertiser has 72 hours to accept it, after which it is deemed accepted. If no report is submitted within 72 hours of confirmation, the order is closed without one. The report has no effect on the payment.

7.9 Missed publication

If nothing is published on the agreed day, the creator has 24 hours to explain why and propose a new date. If the creator does not do so, the order is cancelled and the advertiser is refunded in full, including Dinky’s commission. If the creator proposes a new date, the advertiser may accept it, in which case the order continues on the new date, or refuse it. If the advertiser refuses, or does not answer within 48 hours of the creator’s proposal, the order is cancelled and the advertiser is refunded in full, including Dinky’s commission.

7.10 Creator delays

If the creator is late in delivering the creative or making agreed changes, the creator receives reminders. Less than 24 hours before the publication day, the advertiser may report the problem through the Service. Once the publication day has passed with the creative or the agreed changes still outstanding, the advertiser may end the booking and be refunded in full, including Dinky’s commission.

8. Cancellation and Refunds

8.1 Before payment

Until the payment is made, no money has changed hands. The creator may cancel the order, and an advertiser who does not wish to proceed simply does not pay: the order is then cancelled automatically at the end of the payment period (section 7.3).

8.2 Cancellation by the advertiser after payment

After payment and until the placement is published, the advertiser may cancel the order. What is refunded depends on how far the order has progressed. In this section, the “creator’s fee” means the placement price plus the creator’s VAT, if any.

• Until the end of the booking deadline: the creator’s fee is refunded in full; Dinky keeps its commission.
• After the booking deadline: the creator keeps 25% of the creator’s fee and Dinky keeps its commission; the rest is refunded.
• Once the creator has delivered the creative: the creator keeps 50% of the creator’s fee and Dinky keeps its commission; the rest is refunded.
• Once the advertiser has approved the delivered creative, or it is deemed approved (section 7.4): the creator keeps 100% of the creator’s fee and Dinky keeps its commission; nothing is refunded.

Dinky’s commission is not refunded on any cancellation by the advertiser, including a cancellation made before the booking deadline: it covers the booking and the payment processing, whose costs are not refunded to Dinky when a payment is refunded.

The highest step reached applies, whatever the date: work already done counts before the calendar. In particular, if the creator delivers the creative before the booking deadline, the first step no longer applies to that order — from that moment, a cancellation by the advertiser costs at least 50% of the creator’s fee plus Dinky’s commission. A step once reached is kept, even if the advertiser later requests changes to the creative. Before confirming a cancellation, the advertiser is shown the exact amount that will be refunded.

8.3 Waiver by the creator

The creator may, in advance and at any time before publication, give up all or part of the amount they would keep if the advertiser cancelled. The advertiser is then refunded that much more. A waiver can only reduce what the creator keeps; it never changes Dinky’s commission.

8.4 Cancellation by, or through the fault of, the creator

If the creator cancels, or the order is cancelled because of the creator’s failure (sections 7.9 and 7.10), the advertiser is refunded in full, including Dinky’s commission, and the creator receives nothing. The same applies when both parties agree to cancel in the cases provided for in sections 7.4 and 9, and when Dinky refunds the advertiser in full on a dispute (section 9).

In each of these cases the payment processor keeps its processing fee on the original payment, and it is not refunded to Dinky. Dinky may deduct the amount of that fee, as charged by the payment processor, from the creator’s future payouts, including a cancellation fee paid to the creator under section 8.2. The creator is informed of the amount when the order is cancelled, and of each deduction when it is made. A deduction never exceeds the payout it is taken from; any remainder is deducted from later payouts.

8.5 After publication

Once the placement is published, the advertiser can no longer cancel the order unilaterally. The advertiser’s remedy is the dispute procedure in section 9.

8.6 How refunds are made

Refunds are made to the card used for the payment. They usually reach the account within 5 to 10 business days, depending on the bank. Where Dinky’s commission is refunded, Dinky issues a corresponding credit note.

9. Disputes

Instead of confirming a publication, the advertiser may open a dispute before the publication is confirmed, stating the reason (the placement is not as agreed, it was removed early, or another reason) and attaching any supporting files. While a dispute is open, the automatic confirmation is suspended and no payment is released to the creator.

A dispute ends in one of the following ways:

• the advertiser confirms the publication after all, and the payment is released to the creator;
• both parties agree through the Service to cancel the order, and the advertiser is refunded in full, including Dinky’s commission;
• otherwise, Dinky’s support team reviews the order, its history and the evidence provided, and gives its decision within 5 business days of the dispute being opened: it confirms the publication and the payment is released to the creator; or it refunds the advertiser in full, including Dinky’s commission; or, where the placement was only partly delivered as agreed, it refunds the advertiser a share of the creator’s fee that it sets and states the reasons for, and releases the rest of that fee to the creator. In the last case Dinky’s commission is not refunded, and the order is closed as cancelled with a partial refund.

Where a publication is found to have been removed before the end of the minimum duration committed to by the creator after the creator has already been paid, the advertiser may also open a dispute; that case is governed by section 10. Questions about a dispute can be sent to dev@dinky.cc.

10. Minimum Placement Duration, Early Removal and Payment Reversals

A creator may state, for a format, a minimum number of days during which the publication will remain online. This is the creator’s own commitment to the advertiser, fixed when the booking request is made. Dinky does not technically verify it on Instagram, TikTok or YouTube, as these platforms do not allow a reliable automated check. For other links, Dinky may check periodically whether the publication can still be opened and inform both parties if it cannot; such a check is an indication, not proof.

If, after the creator has been paid for an order, (a) the advertiser is refunded because the publication was removed before the end of the committed minimum duration, or (b) the advertiser’s card payment is reversed at the request of their bank or card issuer (chargeback) and the reversal is not overturned, Dinky may withhold the corresponding amount, up to what was paid to the creator for that order, from the creator’s future payouts. Dinky informs the creator before doing so.

11. Invoices

Dinky invoices its commission to the advertiser when the payment is made; the billing address requested on the payment page appears on that invoice. Where the commission is refunded, Dinky issues a credit note.

The placement itself is sold by the creator. Where the creator is established in France and acts as a business (VAT-registered or under the franchise en base), has completed their billing details and has accepted the self-billing mandate in the Creator Terms, Dinky issues the invoice for the placement in the creator’s name and on their behalf, with the mention “Autofacturation”. No invoice is issued in the name of a creator acting as a private individual. Otherwise, no invoice is issued in the creator’s name, and the creator is responsible for invoicing the advertiser where the law requires it. This service is being introduced progressively; until it is available for a creator, the same applies.

12. Taxes

Each user remains responsible for their own tax, social and reporting obligations. In particular, creators are responsible for declaring the income they receive through the Service and, where applicable, for paying the VAT collected on their behalf.

13. User Content

Users retain ownership of content they upload. By submitting content to Dinky, users grant Dinky a non-exclusive, worldwide, royalty-free license to host, display, process, reproduce, and distribute such content solely for operating, improving, and providing the Service. Users represent that they have the necessary rights to upload such content.

14. Prohibited Activities

Users may not:

• violate laws or regulations;
• infringe intellectual property rights;
• provide misleading analytics or false information;
• impersonate others;
• distribute malware;
• engage in fraud;
• manipulate platform metrics;
• interfere with platform operations;
• abuse APIs or integrations;
• attempt unauthorized access to systems.

Dinky may investigate and take action against prohibited activities.

15. Social Platform Integrations

The Service may integrate with:

• Instagram;
• Facebook;
• TikTok;
• YouTube;
• Google;
• other third-party services.

Dinky is not responsible for changes to third-party APIs, suspension of third-party accounts, loss of platform access, or modifications imposed by external providers.

16. Intellectual Property

The Service, including software, branding, design, workflows, documentation, trademarks, and related materials, is owned by Dinky or its licensors. Users receive a limited, non-exclusive, non-transferable license to access and use the Service. No ownership rights are transferred.

17. Analytics and Estimates

The Service may provide forecasts, estimates, performance projections, benchmarks, and analytics insights. Such information is provided for informational purposes only. Dinky does not guarantee the accuracy, completeness, or future performance of any estimate or forecast.

18. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, DINKY DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UNINTERRUPTED OPERATION, AND ERROR-FREE PERFORMANCE.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DINKY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION. DINKY’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF €100 OR THE AMOUNT PAID BY THE USER TO DINKY DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

20. Indemnification

Users agree to defend, indemnify, and hold harmless Dinky and its officers, directors, employees, contractors, and affiliates from claims arising from violation of these Terms, misuse of the Service, infringement of third-party rights, or unlawful conduct.

21. Account Suspension and Termination

Dinky may suspend, restrict, or terminate accounts at any time if:

• these Terms are violated;
• fraud is suspected;
• legal compliance requires action;
• platform security is at risk.

Users may stop using the Service at any time.

22. Changes to the Service

Dinky may modify, update, discontinue, or replace features of the Service at any time. Nothing in these Terms obligates Dinky to maintain any particular feature indefinitely.

23. Changes to These Terms

Dinky may update these Terms from time to time. Each new version is published at https://dinky.cc/terms with its date. Creators are asked to accept the new version before continuing to use their account. An advertiser accepts the version in force when submitting a booking request, and that version governs the resulting order.

24. Governing Law

These Terms shall be governed by and construed in accordance with the laws of France.

25. Complaints and Jurisdiction

The parties shall attempt to resolve any disagreement amicably before initiating legal proceedings. Unless otherwise required by applicable law, disputes shall be submitted to the competent courts of France.

26. Contact

For legal questions regarding these Terms:

dev@dinky.cc
DINKY SAS
69 Rue de Paris, 92110 Clichy, France
Website: https://dinky.cc