Terms of Use

Acceptance

These Terms of Use (“Terms”) govern your use of services provided by TikSale (“we”, “us”, “our”). By signing a proposal, placing an order, paying an invoice, or using our website/services, you agree to these Terms.

Note: This page is not legal advice. Please have counsel review for your jurisdiction and business.

Services & Scope

We provide TikTok Shop growth and management services, which may include: shop setup/approvals, listings optimization, creator/affiliate outreach, UGC & shoppable content, Sponsored Ads (GMV Max), CRO/offer testing, analytics/reporting, integrations, and support for verifications/appeals (“Services”). The exact scope is described in your signed proposal or order form (“Order”).

Unless expressly stated, we do not act as merchant of record, do not process customer payments, and do not fulfill orders.

Client Responsibilities

  1. Assets & Access: Provide timely access to accounts (TikTok Shop, ad accounts), connectors, brand assets, product data, and shipping details; ensure information is accurate.
  2. Merchant Duties: You are solely responsible for product compliance, pricing, taxes, inventory, shipping SLAs, refunds/returns, customer service, VTR (valid tracking rate), and shop health.
  3. Approvals: Provide required IDs and documents for verification/approvals; promptly review/approve content and changes.
  4. Content Rights: You confirm you own or have rights to all materials you supply and that our use will not infringe third-party rights.

Fees & Payment

  1. Management Fees: As stated in your Order (e.g., monthly retainer). Fees are exclusive of taxes unless noted.
  2. Ad Spend: Paid separately by you to platforms; not included in the management fee.
  3. Invoicing: Invoices are due upon receipt unless stated otherwise. Late amounts may incur the maximum lawful interest and/or suspension of Services.
  4. Non-Refundable: Fees are non-refundable once the billing period begins, except where required by law or your Order states otherwise.

Ads, Budgets & Authorization

  1. You authorize us to set up and manage campaigns (e.g., Sponsored Ads/GMV Max), create/edit ads, and configure audiences, budgets, and bids within agreed ranges.
  2. You will maintain a valid payment method with the applicable ad platform(s) and remain responsible for all ad spend and platform fees.
  3. We may recommend starting ads after initial content traction (e.g., ~40–50 videos) to improve efficiency; final decisions remain yours.

Term & Termination

  1. Term: Begins on the effective date of your Order and renews monthly unless either party gives written notice of non-renewal (e.g., 7–30 days, as stated in your Order).
  2. Termination for Cause: Either party may terminate for material breach not cured within 10 days of written notice, or immediately for unlawful conduct or platform policy violations.
  3. Effect: Upon termination, unpaid fees become due; we may deliver any in-progress work and revoke system access.

Results & No Guarantees

Past results (e.g., GMV increases, ROAS, CPA, best months) are examples only and do not guarantee similar outcomes. Performance depends on category, offer, operations, creative, budgets, and platform factors outside our control.

Intellectual Property

  1. Pre-existing IP: Each party retains ownership of its pre-existing IP.
  2. Work Product: Upon full payment of applicable fees, we grant you a non-exclusive, worldwide license to use deliverables we create for you (excluding our tools, templates, and processes).
  3. Agency Tools: We retain all rights to our underlying methodologies, templates, scripts, outreach systems, and processes.

License to Brand Assets & Content

You grant us a limited, non-exclusive license to use your brand name, marks, product data, images, videos, and other materials solely to provide the Services and (with your consent) for portfolio/case studies. For creator/UGC content, you are responsible for obtaining appropriate usage rights, durations, and whitelisting permissions unless your Order states we will procure them.

Third-Party Platforms & Connectors

Our Services rely on third-party platforms (e.g., TikTok Shop), ad networks, analytics, shipping, and commerce connectors (e.g., Shopify, Woo, Amazon). Your use of such services is governed by their terms and policies. We are not responsible for outages, policy changes, enforcement actions, suspensions, or data loss caused by third parties.

Compliance & Prohibited Products

  1. You must comply with all platform policies and laws in markets you sell to (including product safety, labeling, and advertising standards).
  2. Certain categories may be restricted or require additional verification; we can assist, but approvals are not guaranteed.
  3. You will not request or direct us to market prohibited, counterfeit, or infringing products, or to engage in deceptive practices.

Confidentiality

Each party will keep the other’s confidential information secret and use it only to perform under these Terms, except as required by law or with written consent.

Data Protection & Privacy

Each party will comply with applicable data protection laws. Our processing of personal data is described in our Privacy Policy. If a data processing addendum (DPA) is executed, it forms part of these Terms for applicable processing.

Warranties & Disclaimers

We will perform the Services with reasonable skill and care. EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS/REVENUE, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR FEES DUE, IP INFRINGEMENT, OR INDEMNITY OBLIGATIONS, EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

You agree to indemnify and hold us harmless from claims, damages, costs, and expenses (including reasonable legal fees) arising from: (a) your products, claims, or warranties; (b) your breach of these Terms or applicable law; (c) materials or data you provide; or (d) your use of third-party platforms.

Governing Law & Dispute Resolution

These Terms are governed by the laws of [insert your governing law/jurisdiction], excluding conflict-of-laws rules. Any dispute will be subject to the exclusive jurisdiction of the courts (or arbitration) located in [insert venue]. You and we waive any objection to venue and personal jurisdiction in those courts.

Miscellaneous

  1. Updates: We may update these Terms from time to time by posting a new version on this page; material changes will apply prospectively.
  2. Entire Agreement: These Terms + your Order constitute the entire agreement and supersede prior discussions.
  3. Assignment: You may not assign without our consent; we may assign to an affiliate or in connection with a merger/sale.
  4. Severability: If any provision is unenforceable, the remainder remains in effect.
  5. Notices: Legal notices to us: info@thetiksale.com.

Contact

If you have questions about these Terms, email info@thetiksale.com or message us on WhatsApp at +1 (226) 785-5731.