Last Updated on February 28, 2024
Acceptance of Terms and Conditions
By accessing, enrolling in, or using any service, product, feature, or benefit offered by NUMA Media LLC (hereinafter "Company"), including but not limited to the NUMA Streaming platform ("Platform") and all associated Creator Membership Tiers (collectively, the "Services"), the undersigned individual or entity (hereinafter "Content Creator") hereby expressly agrees to be legally bound by the terms and conditions set forth herein (this "Agreement"). This Agreement constitutes a binding contract governing the Content Creator's participation in and use of all Company services, whether currently offered or developed in the future, regardless of medium or access point.
Tier Structure and Service Packages
MENTORSHIP PACKAGE ($100/month)
The Mentorship Package shall consist of one (1) live virtual group mentorship session per calendar month, conducted via Zoom and hosted by David Diga Hernandez. Each session shall last approximately forty-five (45) minutes to one (1) hour. The Company may, at its sole discretion, invite third-party experts to participate as guest mentors/hosts. Participation in the monthly session is subject to the Creator's subscription status. Recordings of sessions shall be made available exclusively to active subscribers for personal review.
The Company retains full ownership rights in and to all mentorship session recordings and reserves the right to utilize portions of the recordings for advertising, promotional, or testimonial purposes. The Content Creator acknowledges that mentorship scheduling shall be determined by the Company and that no accommodation for individual scheduling requests shall be guaranteed. No refunds shall be issued for missed sessions or cancellations.
The Company and its representatives make no guarantees regarding the accuracy or applicability of any advice provided during mentorship sessions and disclaim any liability for actions taken by the Content Creator in reliance upon such advice.
PREMIUM TIER ($1,000/month)
The Premium Tier grants Content Creators access to a comprehensive marketing, advertising, and distribution program subject to the following benefits and terms:
Content Hosting and Storage: The Content Creator is permitted to upload video content up to a maximum of fifty (50) gigabytes. This includes retained livestreams, which are counted toward the storage cap. Exceeding the cap may result in removal of content or temporary upload restrictions. While the Company endeavors to make uploaded videos available on the Platform as promptly as possible, including immediate availability in most cases, the Content Creator acknowledges and agrees that uploads may take up to three (3) to five (5) business days to process and appear live, depending on technical, editorial, or operational considerations.
Livestreaming: Livestreaming privileges are included, subject to the same storage limitations. Content retained post-livestream will be counted against the Creator's data allowance.
Advertisement Submission and Placement: Creators may submit one (1) video advertisement of up to fifteen (15) seconds in length each month. The ad must be approved by the Company and shall be eligible for display on the NUMA platform at the Company’s discretion. Ad placement, frequency, and visibility are not guaranteed. The advertisement must not include salacious, unlawful, or offensive content and must comply with Company guidelines.
Email Concierge Service: Subscribers shall have access to a concierge support service via email with a targeted response time of twenty-four (24) business hours. The Company reserves the right to restrict access due to unreasonable or excessive volume of inquiries. The Company reserves the right to delay responses to the concierge service in cases where the Content Creator submits an excessive volume of inquiries or requests that require extended research or resources beyond normal scope.
Managed Advertising on Meta Platforms: The Company shall deploy up to two hundred and fifty U.S. dollars ($250.00 USD) per month toward paid advertising on Facebook and Instagram using content hosted on NUMA. All ad strategy, creative content, targeting, copywriting, and landing page creation shall be controlled solely by the Company. The Meta advertisements will direct users to the templated landing page (hosted on streamnuma.com) described in the subsequent section.
Landing Page: A dedicated promotional page hosted on streamnuma.com shall be developed and maintained by the Company. The page shall feature an embedded NUMA- hosted video and optional links selected by the Creator. NUMA reserves the right to substitute the featured video monthly for editorial or promotional suitability. The structure and template of the landing page are owned by the Company and may not be modified by the Creator. All links proposed by the Content Creator for inclusion on their personalized landing page are subject to Company review and approval, and may be accepted, modified, or excluded at the Company’s sole discretion.
Featured Promotion: The Content Creator shall receive two monthly promotional highlights—one in the form of a social media reel and one via email inclusion. Timing, positioning, and audience targeting shall be at the sole discretion of the Company. The Company provides no guarantee of reach or performance. The Company makes no representation as to the timing, placement, audience reach, or engagement performance of any promotional inclusion.
Featured Channel: Creators will maintain a presence as a featured channel on the NUMA platform for the duration of the subscription. Featured channel placement shall be ordered alphabetically unless performance metrics justify preferential placement.
Content Policies and Usage Rights
All content submitted to the Company, whether through upload, streaming, or otherwise, shall be subject to ongoing review by the Company. The Company reserves the right to remove, alter, or reject any content for any reason, including but not limited to violations of policy or editorial preference.
Content that is prohibited includes, but is not limited to:
• Hate speech, defamation, harassment
• Lewd, obscene, pornographic, or violent material
• Medical misinformation or health claims not verified by competent authority
• Political campaigning or endorsements
• False advertising, plagiarism, or unauthorized copying
• Competitor promotions or redirecting traffic to non-approved services
• Unethical monetization or deceptive practices
The Company reserves the right, but not the obligation, to edit, revise, or modify any uploaded content, including but not limited to video files, titles, thumbnails, metadata, and descriptions, for purposes including editorial consistency, grammar, spelling, formatting, and platform optimization. The Creator shall notify the Company prior to uploading content directed at children under thirteen (13) years of age. All such content must comply with the Children’s Online Privacy Protection Act (COPPA) and any other applicable law. The Company reserves the right to reject or remove child-directed content that is noncompliant or improperly disclosed.
Content Warranty and Indemnification
The Content Creator hereby represents and warrants that all content uploaded or submitted does not infringe the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party. The Creator affirms that it has obtained all necessary releases, licenses, permissions, and approvals to use the content in the manner contemplated herein. This includes without limitation all background music, graphics, third-party footage, likenesses, trademarks, and any embedded or derivative media.
The Content Creator agrees to indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, and agents from and against any claims, losses, damages, liabilities, legal fees, and costs arising from any breach of this representation and warranty. Upon cancellation or termination of the subscription, the Company shall retain the perpetual, non-exclusive right to continue using, displaying, and distributing any content previously uploaded by the Content Creator, at its sole discretion and without any obligation to do so. The Company is under no obligation to remove previously published promotional content, including but not limited to social media posts, reels, marketing campaigns, and email features, upon cancellation or termination of the Content Creator’s account.
The Content Creator acknowledges and agrees that they shall not receive any revenue, profit share, or monetary compensation from the Platform or from any use, display, or distribution of their content on the Company’s websites, social media, marketing materials, or affiliated outlets. The Content Creator is solely responsible for ensuring their content complies with all applicable laws and regulations, including but not limited to disclosure requirements, advertising standards, intellectual property rights, and data privacy laws.
Public Rights
By uploading content or participating in any service, the Content Creator grants the Company the right to use their name, likeness, voice, and biographical information in connection with the display, promotion, and distribution of content across all platforms and media formats.
Data Storage, Platform Access, and Liability Waivers
The Company shall not be responsible for the integrity, accuracy, availability, or preservation of any data uploaded by the Creator. The Creator agrees to maintain independent backups. The Company disclaims any liability for:
Data corruption or loss
Streaming lag, video distortion, or platform latency
Platform downtime or cyberattack
Malfunctions in uploading, publishing, or playback
Loss of viewership, revenue, or business opportunities as a result of technical issues
The Company does not guarantee uninterrupted or error-free access to the Platform, and expressly disclaims any liability for downtime, maintenance interruptions, access errors, or temporary feature unavailability. Access may be suspended or limited without notice for operational, technical, or security reasons.”
Termination and Account Management
This Agreement shall remain in effect until terminated by either party. The Company may terminate the Agreement at any time and for any reason, including but not limited to:
Policy violations
Non-payment
Inappropriate content or conduct
Failure to maintain current contact or billing information
The Content Creator may cancel with 30 days' advance written notice. All fees paid are non- refundable. NUMA reserves the right to retain all uploaded content and promotional materials, including advertisements and reels, in perpetuity.
The Company’s decision to suspend or terminate an account shall be final and not subject to appeal. Reinstatement requests may be reviewed at the Company’s sole discretion but are not guaranteed.
The Company reserves the right to terminate any account, without refund, if the Content Creator engages in behavior—on or off the platform—that, in the Company’s sole judgment, negatively impacts the brand, community, or operational integrity of the Company.
Presentation and Brand Usage
The Content Creator shall not present themselves as an employee, agent, affiliate, spokesperson, or representative of NUMA Media LLC, nor shall they imply any formal association, endorsement, or approval by the Company without prior written consent. Unauthorized use of the Company’s name, trademarks, branding, or intellectual property for the purpose of solicitation, marketing, or representation is strictly prohibited.
Recording or Reproduction of NUMA Materials
The Content Creator shall not record, replicate, copy, or otherwise capture any mentorship calls, advertisements, landing pages, or promotional materials created by the Company without prior written authorization.
Conflict with Third Party Platforms
The Content Creator agrees to comply with all applicable terms and community guidelines of any third-party platforms on which their content may be promoted. The Creator shall indemnify and hold the Company harmless from any penalties, account restrictions, or losses resulting from such violations.
Payment Terms and Billing
All payments shall be processed via Stripe under a monthly subscription. The Creator authorizes automatic billing and renewal unless cancellation is submitted in accordance with this Agreement.
Fees are non-refundable and non-prorated. NUMA may adjust pricing with 30 days' prior notice delivered via email. The Content Creator agrees not to initiate chargebacks or payment disputes for any fees that are non-refundable under this Agreement. Violation of this clause may result in immediate termination and forfeiture of platform access.
Intellectual Property
The Creator retains ownership of all uploaded content. The Company shall retain non-exclusive rights to distribute, modify, and promote the content across all channels in perpetuity. The Company retains sole ownership of all derivative creative works it produces, including but not limited to landing pages, advertisements, reels, and social content derived from the Creator’s material.
Confidentiality
The Content Creator agrees to maintain the confidentiality of any proprietary, strategic, or sensitive information shared by the Company. This obligation survives the expiration or termination of this Agreement.
Non-circumvent Clause
The Content Creator agrees not to solicit, negotiate, or enter into any business arrangements with individuals, platforms, advertisers, or partners introduced or accessed through the Company, for a period of two (2) years after such introduction, without the Company’s written consent.
Non-compete and Non-disparagement
The Content Creator shall not engage in competing activities for a period of five (5) years following the conclusion of this Agreement. The Content Creator shall not publish, share, or disseminate negative or disparaging statements about the Company or its personnel without prior written consent.
Governing Law and Dispute Resolution
This Agreement shall be governed by and construed under the laws of the State of Texas. All disputes shall be subject to binding arbitration in a venue determined at the sole discretion of the Company, with such arbitration governed by rules favorable to the Company. Any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred. The Content Creator waives any right to a jury trial or to participate in a class or representative action against the Company. Any disputes shall be resolved solely on an individual basis.
Miscellaneous
Force Majeure: The Company shall not be liable for delays or failures caused by events outside its reasonable control.• Entire Agreement: This document constitutes the entire agreement and supersedes any prior agreements.
Severability: If any provision is found invalid, the remainder of the Agreement shall remain in effect.
Assignment: This Agreement may not be assigned without written consent, except by merger or acquisition.
Waiver: Any failure to enforce a provision does not constitute a waiver of future enforcement.
TOS Updates and Version Control: The Company reserves the right to update or amend this Agreement at any time. Any such changes shall be communicated via email and shall become binding thirty (30) days after notice is given.
Beta Features and Experimental Tools Disclaimer: From time to time, the Company may offer experimental or beta tools and features. These are provided 'as-is' with no warranties or guarantees, and the Company may discontinue them at any time without liability.
Limitation of Damages: In no event shall the Company’s total liability to the Content Creator exceed the total amount paid by the Content Creator to the Company in the preceding three (3) months.
AI and Data Use: The Company may use aggregated or anonymized data derived from Creator content or engagement for research, platform optimization, and AI model training, without identifying the Creator.
Survival of Terms: All provisions of this Agreement that by their nature should survive termination—including but not limited to confidentiality, indemnification, intellectual property, and dispute resolution—shall remain in full force and effect. By accessing, subscribing to, or utilizing any NUMA Services, the Content Creator agrees to abide by the terms of this Agreement in full.