These general terms and conditions (“Terms” or “Terms of Service“) govern access to and use of the Dashboard and the App by the Creator, within the scope of the digital system developed and managed by Particle Pte Ltd, with registered office at 111 Somerset Road, #08-10, Singapore (238164), Company number 202022783N (“Particle Pte Ltd” or the “Company”).
By becoming a Creator, the individual or entity gains access not only to the Dashboard — a restricted, professional interface for managing content — but also to enhanced and extended use of the App, with functionalities not available to standard users. Therefore, the Creator shall be considered a premium user of the App, with access to advanced features for the publication, management, and promotion of Assets.
Access to and use of the Dashboard are subject to the acceptance of these Terms of Service and acceptance of the App’s Terms and Conditions for Users, as provided by the Company and subject to separate approval at the time of registration or through the App interface, which shall form an integral and substantial part of the legal relationship between the Parties.
Pursuant to the Electronic Transactions Act (Cap. 88), the Parties agree that electronic signatures and electronic documents shall have full legal validity and enforceability.
1. DEFINITIONS
1.1 For the purposes of these Terms, the following definitions shall apply:
- “App”: means the mobile and/or web application named “Particle”, owned by Particle Pte Ltd, which enables Users to access and enjoy the Assets published by the Creators. The App is available through digital stores or via the web, and is fully integrated with the Dashboard;
- “Dashboard”: means the restricted area of the Particle platform, reserved for Creators authorised by the Company, through which they can create, upload, manage and monitor their Assets, configure publishing options on the App, access creative tools and advanced features, including, when available, tools for analyzing statistical data related to the use of the Assets and the App;
- “Creator”: means any natural or legal person who, following an application and subsequent approval by the Company — or through other access procedures that may be implemented in the future by the Company—, accesses the Dashboard for the creation and management of digital content of an artistic or cultural nature. The Creator operates independently and under its own responsibility;
- “Assets”: means any digital content created, uploaded or configured by the Creator via the Dashboard, whether published or in draft mode. Assets may be made available for free or for a fee, to Users through the App, or remain unpublished within the Dashboard. Assets may include, by way of example but not limited to, multimedia experiences, videos, itineraries, slideshows, texts, images, graphics, animations, audio files, musical compositions, or AI-generated content. Currently, Assets may include, by way of example but not limited to, the following content formats: Media (e.g. images, videos, audio files), Stories, Routes, Pages, External Links, and any other format made available through the Dashboard. This list is subject to updates by the Company;
- “Creator’s Material”: means any content, data, file, prompt, instruction, information or input provided by the Creator through the Dashboard and used for the creation or configuration of the Assets. This definition also includes materials subject to third-party rights, for which the Creator declares it holds the necessary rights for use;
- “User”: means any third party who accesses the App to enjoy the Assets published by the Creators, with or without registration;
- “Services”: means the set of technical functionalities and tools made available to the Creator through the Dashboard and the App, as described in the subscription plans and official documentation published by the Company;
- “Subscription Plans”: means the various commercial and functional configurations of the Dashboard offered by the Company to the Creator based on the selected profile, which may include access to advanced tools, greater publishing capacity, data analytics, AI functionalities, dedicated technical support or other services.
2. ACCESS TO THE DASHBOARD
2.1 Access to the Dashboard is subject to the completion, by the interested party, of the application form available on the official website of the Company or through other channels indicated by the Company. The form requires the submission of truthful, updated, and complete identification and professional data, including – by way of example – name, surname or legal name, contact details, description of artistic or project-related activities, and portfolio, where requested.
2.2 The submission of the application form does not in any way constitute a right to access, nor does it bind the Company to grant such access. The Company reserves the discretionary and final right to evaluate applications based on criteria such as alignment with the cultural and creative mission of the platform, the quality and originality of the proposed content, the professional reliability of the applicant, and any other element deemed relevant. The Company may also reject, suspend, or request integration of the application without any obligation to provide justification.
2.3 Applicants deemed eligible will receive a confirmation communication from the Company, or from an authorized channel (including, where applicable, invitations shared by other approved Creators), containing either a unique registration link or, in specific cases, temporary login credentials (e.g., username and password) directly created by the Company for onboarding purposes.
2.4 The Creator’s account is personal and non-transferable, and may be used exclusively by the registered individual or, in the case of legal entities, by expressly authorized individuals under the responsibility of the account holder. The Creator hereby represents and warrants that he has the full right, authority and, where applicable, the necessary authorization to open and use the account on behalf of the indicated entity/subject. The Company shall not be required to verify such authorization, and any liability arising from false, inaccurate, or unauthorized declarations shall rest solely with the Creator. The Creator undertakes to safeguard their credentials with due care and not to disclose them to unauthorized third parties. In the event of suspicious or unauthorized access, the Creator agrees to promptly notify the Company.
2.5 Use of the Dashboard is strictly reserved to Creators who:
a) have received express approval from the Company;
b) have fully accepted these Terms of Service;
c) have fully accepted the App’s Terms and Conditions for Users;
d) where required, have activated a Subscription Plan among those available.
2.6 The Company reserves the right to suspend or revoke access to the Dashboard, in whole or in part, at any time and at its sole discretion, including — but not limited to — in cases of behaviour contrary to these Terms, violations of applicable laws, misrepresentation of information provided during registration or use, publication of content inconsistent with the cultural nature of the platform, unauthorized commercial activity, offensive or inappropriate conduct, or any other misuse of the platform or its functionalities. In addition, the Company may, at its sole discretion, remove, obscure, restrict access to, or otherwise disable any Asset or Creator’s Material that it deems, in whole or in part, unlawful, inappropriate, or contrary to these Terms, without prejudice to further remedies available by law. The Creator acknowledges and accepts that such measures may be taken without prior notice and without any liability of the Company towards the Creator or third parties.
3. SUBSCRIPTION TYPES AND FUNCTIONALITIES
3.1 The Company offers various subscription types to Creators for the use of the Dashboard, each featuring specific levels of functionality, access to creative tools, publishing capacity, personalization options, and technical support. The technical, functional, and financial characteristics of the different subscription types are described in the official documentation made available by the Company through its website or the Dashboard itself.
3.2 The Company may offer different subscription plans to Creators, which may vary in terms of functionality, publishing capacity, access to creative tools, personalization options, technical support, or other features.
The characteristics, names, and economic conditions of the available subscription plans are defined and updated by the Company at its sole discretion and are made available through the Company’s official website and/or directly within the Dashboard.
3.3 All paid subscription plans are billed annually, in advance. In case of early cancellation by the Creator before the end of the subscription term, the subscription shall remain active for the remaining period, and no refunds — whether partial or full — shall be due. This policy applies regardless of actual usage of the Services during the subscription period. The Creator further acknowledges and accepts that no refunds or credits shall be due in the event of suspension, limitation, or permanent deactivation of the account, nor in the event of removal or restriction of Assets or features, where such measures are adopted by the Company pursuant to these Terms (including, without limitation, cases of breach of contract, unlawful or inappropriate use of the Services, or violation of third-party rights).
3.4 The Creator may, at any time, select the desired subscription plan from among those available, committing to the payment of the related fee in accordance with the terms and conditions indicated therein. In the absence of an express selection, the Free Plan shall be deemed activated by default.
3.5 Activation of a paid plan shall only occur upon receipt by the Company of full payment of the corresponding fee, unless otherwise expressly agreed in writing. The subscription duration shall be as indicated at the time of activation and, unless otherwise agreed, shall be automatically renewed for an equal term, unless termination is communicated at least sixty (60) days before expiration.
3.6 The Company reserves the right to update, modify or replace the available subscription plans, their related features or the economic conditions at any time, by providing the Creator with at least thirty (30) days’ prior notice. In such case, the Creator shall be entitled to freely terminate the current subscription before the effective date of the changes, without penalty.
In the event of non-payment of the fee due for the selected plan, the Company may suspend access to paid features, reserving the right to downgrade the Creator to the Free Plan or temporarily deactivate the account until the outstanding amount is settled. The Company’s rights to claim any due amounts and compensation for any damages shall remain unaffected.
4. OBLIGATIONS AND RESPONSIBILITIES OF THE CREATOR
4.1 The Creator undertakes to use the Dashboard, and more generally, all tools and Services made available by the Company, diligently and in full compliance with these Terms and all applicable laws and regulations, including, but not limited to, those relating to intellectual property and copyright, personal data protection, consumer protection, fair competition, cybersecurity, advertising, and commercial communications.
4.2 The Creator acknowledges that the Dashboard is a tool intended exclusively for the enhancement, production, and dissemination of digital content for artistic and cultural purposes, in line with the platform’s mission. Use of the Dashboard for different purposes, whether commercial, promotional, or speculative and incompatible with such goals, may result in the suspension or termination of access to the Services, without prejudice to the Company’s right to seek compensation for damages.
4.3 The Creator is solely and fully responsible for any content, data, file, copyright, command, media, reference, or information (“Creator Material”) uploaded, generated, configured, published, or otherwise made available via the Dashboard and the App. The Creator warrants that they hold all rights, licenses, authorizations, consents, and clearances required for the use, transformation, publication, and distribution of such content, including where such content is generated using artificial intelligence tools. In particular, where the use of Creator Material requires the prior consent of third parties — including, by way of example, identifiable individuals portrayed or referenced in the content — the Creator undertakes to obtain such consent in a valid and lawful manner. Where such content involves personal data of third parties, the Creator warrants that such individuals have been duly informed and have provided any required consent for the use of their personal data within the Dashboard and the App. The Creator shall also inform such individuals that Particle’s privacy policy, available within the App, applies to the processing of their data by the Company.
4.4 The Creator is expressly prohibited from using the Dashboard, the App, the WebApp, or any other tool, service, or platform provided by the Company for purposes that are unlawful, harmful, or inconsistent with the cultural and artistic mission of Particle. In particular, the Creator is expressly prohibited from:
a) uploading, generating, or disseminating content that violates mandatory legal provisions, public order, or morality, including illegal, false, misleading or fraudulent content; offensive, defamatory, libelous, threatening or harassing content; discriminatory, racist, xenophobic, homophobic, transphobic, sexist content or incitement to hatred or violence; obscene or pornographic content, or erotic material not compliant with the Company’s editorial guidelines;
b) publishing content that infringes the intellectual or industrial property rights of third parties, including copyrights, trademarks, patents, designs, trade secrets, databases, software, or know-how;
c) using the Dashboard for purposes inconsistent with the artistic and cultural aims of the platform, including for unauthorized advertising or promotional activities, dissemination of spam, promotion of external commercial activities, sale of non-digital goods or services except where the promotion or sale of artworks, cultural artifacts, or related services is clearly aligned with the Creator’s professional profile and the editorial scope of the platform;
d) carrying out actions that may compromise or attempt to compromise the integrity, security, functionality, or performance of the Dashboard, the App, the WebApp, the database, or any other IT systems of the Company or its partners;
e) accessing the Dashboard using unauthorized automated tools (e.g., bots, scrapers, external software), reverse engineering, or engaging in any code decryption activity;
f) granting access to the Dashboard to unauthorized third parties, sharing credentials with others, or allowing the use of the account by anyone other than the registered holder;
g) impersonating other individuals or organizations, falsify identity information, or mislead Users about their identity, affiliation, or authorization;
h) using AI-generated content for manipulative, misleading, deceptive, or otherwise unlawful or unethical purposes.
4.5 The Creator acknowledges and agrees that the Company does not carry out any prior control over content uploaded or generated through the Dashboard and that the full editorial, legal, and civil responsibility for such content rests solely with the Creator.
4.6 The Creator acknowledges that the Company is committed to promoting and safeguarding, to the extent possible, the Creator’s freedom of artistic expression, recognizing the value of creativity as a core element of the platform. However, in the event of reports concerning potentially unlawful content, infringing the rights of others, or otherwise in violation of these Terms, the Company reserves the right—where necessary to protect the integrity of the platform its users and third parties—to remove, obscure, restrict access to, or suspend the Creator’s account, providing notice thereof. The Company also reserves the right to report such content to the competent authorities where required by law or deemed appropriate for preventive protection.
4.7 The Creator undertakes to indemnify and hold harmless the Company, its affiliates, representatives, collaborators, and partners from any claim, damage, liability, cost, sanction, legal fee, or detrimental consequence arising directly or indirectly from the violation of these Terms; infringement of third-party rights; unlawful or improper use of the Dashboard; or from any content published or generated through the Creator’s account. In any such case, the Creator shall not be entitled to any reimbursement, refund, compensation, or indemnity for any subscription fees paid, nor for any losses or damages allegedly suffered as a result of the suspension, deactivation, or permanent removal of their account or content.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The Creator retains full ownership of all intellectual and/or industrial property rights over their own Material, understood as any content, data, file, or input provided through the Dashboard, including, without limitation, works of authorship, textual, graphic, audiovisual, sound or photographic content, scripts, instructions, prompts, datasets or other material, regardless of format.
5.2 The Creator shall also retain ownership of the Assets independently generated or created through the Dashboard, including those produced with the support of technologies made available by the Company.
5.3 Without prejudice to the foregoing, the Creator shall have the right to use, distribute, publish, or commercialize the Assets outside the App, by any means and through any channel deemed appropriate, provided that such use does not infringe any rights of the Company relating to its proprietary tools, trademarks, software, functionalities, or other proprietary content.
5.4 The Company retains and shall maintain exclusive ownership, title, and interest in and to:
a) the Dashboard, including its source code, architecture, and design;
b) the App, including its interface, structure, brand identity, graphics, logos, trademarks, and associated domains;
c) all content, modules, or documentation developed or provided by the Company for use of the Dashboard and the App;
d) any know-how, APIs, scripts, and any underlying technical or instrumental components of the Services.
Such elements may not be reproduced, copied, altered, assigned, decompiled, decrypted, subjected to reverse engineering, or otherwise exploited, in whole or in part, without the prior written authorization of the Company.
5.5 The Creator hereby grants the Company a non-exclusive, royalty-free, transferable, and sub-licensable license over the Creator’s Material, valid for the entire duration of their use of the Dashboard and, thereafter, on a perpetual and irrevocable basis, to the extent reasonably necessary for operational, statistical, archival, or legal compliance purposes. This license is granted solely for the purpose of:
a) delivering the Services;
b) generating, processing, and promoting the Assets;
c) making the Assets available through the App or related services;
d) enabling and enhancing AI functionalities (including through third-party APIs, such as OpenAI) used by the Creator;
e) using the Creator’s Material, where necessary, for the limited purpose of enhancing, fine-tuning, or optimizing the Company’s proprietary AI models, solely to improve service performance and user experience;
f) conducting aggregate analysis, technical diagnostics, or internal research, even after deletion of the content from the Dashboard.
5.6 This license shall include, without limitation, the rights to reproduce, store, process, modify, aggregate, analyze, train algorithms with, transmit, communicate, display, publish, and promote the Creator’s Material, including through the use of artificial intelligence functionalities made available to the Creator within the Dashboard or the App. In this context, the Creator acknowledges that their Material may be processed by third-party providers (such as OpenAI) strictly for the purpose of enabling such functionalities. Any further use of the Creator’s Material for the training or optimization of the Company’s proprietary AI models shall take place exclusively within the Company’s own systems, in a controlled environment, without disclosure to external providers.
5.7 The Creator expressly acknowledges and accepts that their content may be:
a) submitted to third-party AI platforms (e.g., OpenAI) for the sole purpose of allowing the Creator to access AI-assisted creation tools made available via the Dashboard or App;
b) processed and used for the training, fine-tuning, or optimization of the Company’s internal AI systems and models.
5.8 The Creator also agrees that the Company may retain and use their content for internal purposes, in original, aggregated, or anonymized form, at the Company’s discretion, even after the content has been deleted from the Dashboard, provided that such use does not infringe the Creator’s moral or economic rights under applicable law.
5.9 The Creator expressly authorizes the Company to use, reproduce, and publicly communicate their published Assets and/or Creator’s Material — as made available via the Dashboard or App — for promotional, educational, and institutional purposes related to the Company’s activities. This includes, by way of example but not limited to, the use in marketing campaigns, events, pitches to investors, demo presentations, corporate websites, social media, or participation in trade fairs. Such use shall not imply any transfer of ownership or primary commercial exploitation of the Creator’s content, and, where feasible, the Company shall make reference to the Creator’s authorship in accordance with applicable industry standards. The Creator acknowledges that such promotional use may indirectly result in commercial or reputational benefits for the Company, and expressly waives any claim to compensation or revenue sharing in relation thereto, unless otherwise agreed in writing.
6. LIMITATION OF LIABILITY
6.1 The Dashboard is provided to the Creator on an “as is” basis, without any warranty, express or implied, including but not limited to warranties of fitness for a particular purpose, uninterrupted availability, compatibility with specific devices, operating systems or browsers, or the absence of interruptions, malfunctions, delays or errors, in accordance with the applicable laws of Singapore.
6.2 Except as otherwise required by mandatory provisions of applicable law, the Company shall under no circumstances be held liable towards the Creator — whether in contract or tort — for any direct, indirect, consequential, or unforeseeable damages arising from, including but not limited to:
a) the inability or difficulty to access the Dashboard and the App, whether temporarily or permanently;
b) configuration errors or misuse by the Creator or unauthorized third parties;
c) loss or damage to data, content, or Assets generated through the Dashboard;
d) service interruptions due to technical reasons, scheduled or emergency maintenance, server failures, network errors, or disruptions caused by third-party providers (e.g., cloud services, hosting, payment processors);
e) events beyond the Company’s reasonable control, such as force majeure, government acts, labor disputes, cyberattacks, pandemics, or natural disasters.
6.3 The Company’s liability shall in any case be excluded, except for damages resulting from willful misconduct or gross negligence, as determined by a final and binding court decision. In such cases, the Company’s total liability shall in no event exceed the total amount paid by the Creator for the use of the Dashboard during the twelve (12) months preceding the event giving rise to the liability. For the avoidance of doubt, this limitation expressly excludes any amounts received or retained by the Company in connection with the sale or monetization of the Creator’s Assets through the App or other platforms, including revenue shares, commissions, or transaction-based fees, which shall not be deemed as fees paid by the Creator.
6.4 The Creator acknowledges that the use of the Dashboard is under their sole responsibility and undertakes to adopt all technical and organizational measures necessary to protect their data and content, including by making regular backups and using secure login credentials.
7. FINANCIAL TERMS
7.1 Access to the Dashboard and the use of its related features are subject to the Creator’s subscription to a plan, in accordance with the conditions, fees, and functionalities specified on the Company’s official website or within the Dashboard.
7.2 The applicable subscription fee must be paid by the Creator according to the methods and deadlines indicated at the time of activation. All fees are exclusive of VAT, if applicable, and any other taxes or duties that may be levied.
7.3 Where the Creator makes certain Assets available for purchase through the App (including, but not limited to, multimedia content, texts, profiles, experiences, or other premium digital content), the User shall purchase access directly from Particle, which acts in its own name and on its own account as the contracting party in the transaction.
The Company shall handle the entire payment process, including the collection of amounts paid by Users, the deduction of applicable costs and fees, and the subsequent settlement of the Creator’s share.
7.4 From each transaction, the Company shall deduct:
a) all third-party costs and processing fees (including, but not limited to, app store commissions, payment gateways, cloud hosting, or infrastructure services);
b) applicable taxes, fiscal withholdings, and transactional costs;
c) a service fee retained by the Company amounting to thirty percent (30%) of the net revenues, as consideration for the use of the App, the Dashboard, and the related infrastructure.
The remaining seventy percent (70%) shall constitute the Creator’s share, to be accounted and paid as provided below.
7.5 The Company shall consolidate and account the revenues accruing to each Creator on a periodic basis, typically monthly (or, where operationally required, quarterly). For each accounting period, the Company shall issue a statement of account summarizing total gross revenues generated by the Creator’s Assets during the relevant period; costs, commissions, and fees deducted, and the resulting Creator’s share due for payment.
7.6 The periodic statement shall be made available through the Dashboard and/or sent by email to the Creator. Unless objections are raised within fifteen (15) days from its receipt, the statement shall be deemed tacitly accepted and final.
7.7 Following approval or lapse of the objection period, the Company shall transfer the amounts due to the Creator within thirty (30) business days from the end of the relevant accounting period, by bank transfer or other traceable payment method.
The Creator shall not be required to issue an invoice for such transactions, as the Company manages all related accounting and fiscal formalities.
7.8 The Creator expressly acknowledges and accepts that:
a) Particle acts as the sole intermediary in all User transactions through the App;
b) no direct contractual or financial relationship arises between the User and the Creator;
c) all transactions and settlements are processed through the infrastructure of Particle Pte Ltd, which is responsible for technical payment execution and security.
7.9 All payments shall be made in euros (€), unless otherwise agreed in writing. Any banking fees, international transfer costs, currency conversion charges, or fiscal withholdings shall be borne exclusively by the Creator.
7.10 In the event of non-payment or delayed payment of any subscription fees due by the Creator, the Company shall be entitled to suspend access to the Dashboard and/or App, to freeze pending settlements, and to terminate the contractual relationship by means of simple written notice, without prejudice to any other remedies or claims for damages.
7.11 No refunds or compensation shall be due to the Creator in the event of suspension, termination, or deletion of their account or content, whether temporary or permanent, including where such measures result from breaches of these Terms.
8. FORCE MAJEURE
8.1 Neither Party shall be held liable for any failure or delay in the performance of any of its obligations under these Terms if such failure or delay results from force majeure events, meaning unforeseeable, unavoidable circumstances beyond the reasonable control of the affected Party that prevent or render excessively burdensome the performance of contractual obligations.
8.2 Force majeure events shall include, but are not limited to: natural disasters (e.g., earthquakes, floods, fires, hurricanes); wars, armed conflicts, uprisings, terrorist acts, civil unrest; orders or actions of judicial or administrative authorities; disruption of communication or transport systems; pandemics, epidemics, or international public health emergencies; large-scale cyberattacks, security breaches, server or network failures; prolonged outages of electricity, internet, or cloud services; strikes, lockouts, or other labor unrest, including those affecting third-party providers.
8.3 The Party invoking a force majeure event must notify the other Party in writing within ten (10) business days from the occurrence of the event, providing all available information and taking all reasonable measures to mitigate any adverse effects arising from the situation.
8.4 The performance of the affected obligations shall be suspended for the duration of the force majeure event and shall resume as soon as the impediments cease to exist. However, if the event continues for more than sixty (60) consecutive days, either Party shall have the right to terminate these Terms with immediate effect, by providing written notice to the other Party, without any right to compensation or indemnity.
8.5 This clause shall also apply to the Creator’s payment obligations, but only in cases where the impediment makes it objectively impossible or legally prohibited to fulfil monetary obligations (e.g., banking system shutdowns, government-imposed bans on monetary transactions).
9. AMENDMENTS TO THE TERMS
9.1 The Company reserves the right to amend these Terms at any time, by providing written notice to the Creator via email, or by publishing such amendments on the Dashboard or on the official website.
9.2 Any amendments shall become effective thirty (30) days after such notice is provided, unless the Creator notifies the Company within said period of their intention to withdraw from these Terms, thereby ceasing use of the Dashboard.
10. ASSIGNMENT
10.1 The Creator may not assign, transfer or otherwise dispose of, whether in whole or in part, the contractual relationship governed by these Terms, or any of the rights or obligations arising therefrom, without the prior written consent of the Company.
10.2 The Company may freely assign or transfer this contractual relationship, in whole or in part, to any entity within its corporate group or to third parties, without the prior consent of the Creator, by providing simple written notice.
11. NOTICES
11.1 All communications between the Parties relating to the performance of these Terms shall be made in writing and may be validly delivered by email, certified electronic mail (PEC, where available), or through the notification tools integrated into the Dashboard.
11.2 Communications shall be deemed received when they arrive at the email address provided by the other Party.
12. SEVERABILITY
12.1 If any provision of these Terms is held to be null, invalid or unenforceable by a decision of a competent authority, the remaining provisions shall remain fully valid and enforceable between the Parties.
12.2 The Parties agree to replace any such invalid or unenforceable provision with a clause that most closely reflects the original intent and content of the invalidated provision.
13. GOVERNING LAW AND JURISDICTION
13.1 These Terms shall be governed by and construed in accordance with the laws of Singapore.
13.2 In the event of any dispute, the Parties agree to attempt an amicable resolution through mediation at the Singapore Mediation Centre (SMC) prior to commencing any legal proceedings.
14. LANGUAGE
14.1 These Terms are drafted in the English language.
14.2 In the event of translations into other languages, the English version shall prevail for purposes of interpretation and enforcement.
Last update on: 21st October 2025