22.214.171.124 Credit Packs – 12 months from the day of purchase,
126.96.36.199 TikTok Packs – 12 months from the day of purchase,
188.8.131.52 Shopify Packs – 12 months from the day of purchase,
184.108.40.206 Custom Packs – 3 months from the day of purchase.
Please refer to Credit Expiration Policy.
7. BILLO INTELLECTUAL PROPERTY
7.1 All Billo materials on the Billo Platform are protected by all applicable laws including copyright and trademark laws unless otherwise specifically noted and may not be used except as permitted in these Terms of Service. Nothing in these Terms of Service will be taken to constitute a transfer, assignment or grant of any ownership rights in any Intellectual Property Rights in the Billo materials to a Brand or Creator.
7.2 All right, title and interest in all Intellectual Property Rights in all of Billo brands, logos, images, buttons, codes, layout, text, content and products and services as displayed on the Billo Platform (“the Brand Features”) are the property of Billo and will remain or be vested in Billo at all times. Your use of the Billo Platform will not under any circumstances be taken to constitute a transfer, assignment or grant of any ownership rights in any of the Brand Features or the Billo Platform. Billo, on a case by case basis and to the extent required, grants you a limited, non-exclusive licence to use the Brand Features solely for the purpose, and to the extent necessary, to enable you to use the Billo Platform.
8. CREATOR & BRAND REPRESENTATIONS AND WARRANTIES
8.1 Creators and Brands participating in the Billo Platform warrant, represent and covenant that:
8.1.1 all information you provide to Billo upon registering for an Account is true, accurate and complete and not misleading;
8.1.2 any third-party social media accounts to which you link upload to the Content are:
220.127.116.11 your own accounts;
18.104.22.168 if the Account refers to a Brand, that you are the authorised representative of the Brand with the right to access its social media accounts and represent its interests; and
22.214.171.124 if the Account refers to an individual other than you, you are the authorised representative of that individual with the right to access his or her social media accounts and control his or her interests;
8.1.3 You have the right and authority to create an Account and agree to these Terms of Service, including, where relevant, the authority of any Brand or individual to create an Account, agree to these Terms of Service and to use the Billo Platform on its or his or her behalf;
8.1.4 You are authorised to submit Content, as applicable, in the manner invited via the Billo Platform;
8.1.5 Any Content you submit to the Billo Platform will not contain anything that:
126.96.36.199 is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;
188.8.131.52 is copied or adapted either wholly or substantially from any other work or material;
184.108.40.206 is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually suggestive imagery;
220.127.116.11 parodies, disparages or makes fun of Billo or its products of services or Billo generally in any way;
18.104.22.168 solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses (unless part of a task)
22.214.171.124 promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;
126.96.36.199 involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam; or
188.8.131.52 infringe the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity.
8.2 Brand hereby grants permission to Billo to use Brand’s corporate name and to depict Brand’s trademark, logotype or other corporate insignia on the Platform for the Billo activities promotion purpose. Billo will only use the mentioned Brand’s signs in order to represent Billo’s regarded clientele and will not imply any relationship with the Brand as specified in item 3.11 of these Terms of Service.
9. FTC REQUIREMENTS
9.1 FTC rules regarding testimonials in advertising do not apply to Billo, thus the Brand is solely responsible for compliance with them.
9.2. To comply with the FTC rules regarding testimonials in advertising, all Brands are advised to follow the guidelines of the FTC, which can be found here.
9.3 FTC rules regarding testimonials in advertising apply to Creators to the extent that Creators are endorsing the Brand’s product. In practice this means that the Creators cannot make false or misleading statements as part of their endorsements and they must disclose material connections between them and the advertiser. There is no guarantee that any post submitted will be positive. All product reviews must reflect the Creator’s genuinely held beliefs.
10.1 The Brand and the Creator acknowledge that:
10.1.1 Brand may arrange to send Creator a sample product or choose to reimburse Creator the cost associated with purchasing the product/service. In either case, the Product or Service trial is free for the Creator.
10.1.2 Billo will not be responsible or liable in any way for late delivery or non-arrival or any products sent from a Brand to a Creator.
10.1.4 Ownership rights in the Intellectual Property Rights in the Content created are transferred to the Brand. NOTE: Content cannot be used by Brand for AI training purposes.
10.1.5 nothing in these Terms of Service grants to the Creator any ownership rights in the Intellectual Property Rights of the Brand; and
10.1.6 nothing in these Terms of Service requires the Brand to make use of any of the rights granted to the Brand by the Creator under this Agreement.
10.2 Creator agrees to indemnify, and must defend and hold harmless, Billo and its related bodies corporate, personnel, servants and agent, from and against any loss, damages, and expense, including reasonable attorney fees, arising from any claim, demand, action, suit or proceedings brought by a third party in relation to:
10.2.1 access to the Billo Platform in violation of this Agreement;
10.2.3 your Content, if such Content does not conform to the terms of a Task Brief or other instructions provided by Brand;
10.2.4 your violation of any applicable laws, rules or regulations; and
10.2.5 any misrepresentation made by you.
10.3 Brand agrees to indemnify, and must defend and hold harmless Billo, its affiliates, and respective directors, officers, employees, successors, agents and assigns against any loss, damages, and expense, including reasonable attorney fees, arising from any claim, demand, action, suit or proceedings brought by a third party in relation to:
10.3.1 access to the Billo Platform in violation of this Agreement;
10.3.3 any claim or allegation that your Content infringes a third party’s rights, including Intellectual Property Rights; and
10.3.4 your violation of any applicable laws, rules or regulations.
10.4. Billo represents, warrants, and covenants that (a) Billo owns or otherwise has sufficient rights to the Platform to ensure lawful access and use of the Platform by you in accordance with the terms of this Agreement; (b) the Platform, or use of the Platform, does not and will not violate the patents, copyrights, contract rights, or other intellectual property rights of any third party.
10.5. Billo agrees to indemnify, defend and hold harmless Brand, its affiliates, and its respective directors, officers, employees, successors, agents and assigns against any loss, damages, and expense, including reasonable attorney fees, arising from any claim, demand, action, suit or proceedings brought by a third party in relation to (a) Billo’s breach of any representation, warranty, covenant, or obligation under this Agreement; (b) infringement of any patent, copyright, trade secret, trademark or other intellectual property right arising out of Brand’s use of the Platform in accordance with the terms of this Agreement; and (c) Billo’s violation of any applicable laws, rules or regulations.
10.6. The Party seeking indemnity under items 10.2-10.5 of this Agreement (“Indemnified Party”) will use commercially reasonable efforts to provide the other Party (“Indemnifying Party”) with prompt written notice of any claim for which the Indemnified Party seeks an indemnity. The Indemnified Party reasonably will cooperate in the defense of any such claim, at the Indemnifying Party’s sole expense. The Indemnifying Party may not settle any claim against the Indemnified Party without the Indemnified Party’s prior express written consent, which consent will not be unreasonably withheld, conditioned or delayed. The Indemnified Party may participate in the defense of a claim through counsel of its own choice at its own expense; provided, however, that if the Indemnified Party reasonably determines that the Indemnifying Party is unwilling or unable to defend the Indemnified Party’s interests, then the Indemnified Party may assume the defense against any claims at the Indemnifying Party’s sole expense. The Parties’ indemnification obligations survive termination of the Agreement.
11. LIMITATION OF LIABILITY
11.1 In using the Billo Platform, you may be exposed to Content that is harmful, obscene, misleading or inaccurate. Under no circumstances will Billo be liable in any way for any Content, including but not limited to any errors or omissions in such Content or any loss or damage of any kind incurred as a result of any use of Content posted, transmitted or otherwise made available via the Billo Platform.
11.2 Except in connection with a party’s indemnification or confidentiality obligations, either party’s liability in connection with these Terms of Service, regardless of the form or cause of action, shall be limited to the amount actually paid by the Brand to Billo for the services related to the Brand’s most recent task or $20,000, whichever is lower. Billo shall not be liable to Creator for damages of any kind arising out of the Creator’s use of the Billo Platform. Without limiting their foregoing, and except in connection with a party’s indemnification or confidentiality obligations, in no event shall either party be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, arising out of, or in connection with, the Billo Platform, these Terms of Service or any Content or task. The foregoing limitations apply whether the alleged liability is based on tort, contract, negligence or any other basis, even if Billo or any other party has been advised of the possibility of such damages.
12. MONITORING/ CONFIDENTIALITY
12.1 Billo reserves the right to monitor the Billo Platform generally and all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, Billo may close or freeze the Account immediately. Billo retains the right and absolute discretion to suspend or terminate your Account, and/or access to the Billo Platform generally without notice if Billo believes you have abused any privilege accorded to you as a participant in the Billo Platform, supplied misleading information or made any misrepresentations to Billo in connection with the Billo Platform, tampered with the Billo Platform in any way, breached these Terms of Service, or engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration of the Billo Platform. Billo retains the right to remove any Content that it considers breaches these Terms of Service. In the event of termination or suspension of your Account in accordance with these Terms of Service, you will have no further access to your Account for the duration of the suspension or at all in the event of termination. Billo’s legal rights to recover damages or other compensation from you are reserved.
12.2 During the term, each party may receive certain non-public information and materials concerning the other party’s business, technology and products that are proprietary and of substantial value to such party (“Confidential Information”). Each party will not use or disclose to any third party any Confidential Information except as permitted by this Agreement or as authorized by the other party’s prior written consent. Each party will use reasonable efforts to maintain the confidentiality of all such Confidential Information, and no party will use less effort than it ordinarily uses with respect to its own confidential information. The foregoing will not restrict either party from disclosing Confidential Information pursuant to the order or requirement of a court, administrative agency, or other governmental body (provided that the party required to make such a disclosure gives reasonable notice to the other party to contest such order or requirement), or on a confidential basis to its legal or financial advisors, or prospective acquirers or investors. Confidential Information excludes information that: (a) is or becomes generally known to the public through no fault of the recipient; (b) is rightfully and lawfully known by the recipient at the time of disclosure without a confidentiality obligation; (c) is independently developed by the recipient without use or access of the disclosing party’s Confidential Information; or (d) the recipient rightfully and lawfully obtains from a third party without disclosure restrictions.
13. GENERAL TERMS
13.1 If the Billo Platform is not capable of running as planned for any reason beyond the reasonable control of Billo, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Billo Platform, or if any social media platform alters its terms of service, access or permission in such a way that affects the Billo Platform, Billo reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Billo Platform.
13.2 No additional Creator or Brand originating agreement or other terms and conditions (including purchase order or insertion order terms and conditions) may be imposed on Billo unless agreed by Billo in writing and, in such case, if any terms and conditions in a Creator or Brand originating agreement or other terms and conditions are inconsistent with these Terms of Service, these Terms of Service shall prevail to the extent of any inconsistency.
13.3 If you are using the Billo Platform on behalf of a legal entity, you represent that you are authorised to enter into an agreement on behalf of that legal entity. These Terms of Service constitute the entire agreement between you and Billo and govern your use of the Billo Platform, superseding any prior agreements between you and Billo. You will not assign any rights or obligations under these Terms of Service, in whole or in part, to any third party without the prior written consent of Billo. Any attempt to do so shall be void. Billo may assign its rights or obligations hereunder at its sole discretion.
13.4 If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms of Service without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
14. DISPUTE RESOLUTION
14.1 Agreement to Arbitrate. This Section is referred to as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Billo, whether relating to this Agreement (including any alleged breach thereof), the Billo Services, any advertising, any aspect of the relationship between us, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and Billo are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
14.2 YOU AND BILLO AGREE THAT WE MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BILLO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
14.3 Billo is always interested in resolving any disputes amicably and efficiently, and most user concerns regarding the Billo Platform and/or Billo Services can be resolved quickly and to the user’s satisfaction by emailing customer support at [email protected]. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (Notice). The Notice to Billo should be sent to Gedimino str. 22A-14, Kaunas, 44319 (Notice Address). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought. If Billo and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Billo may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Billo or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Billo is entitled.
14.4 All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
14.5 If a court decides that any term or provision of this Arbitration Agreement other than Section 3 above is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any provision in Section 3 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
14.6 Future Changes to Arbitration Agreement. Notwithstanding any provision in this Agreement to the contrary, Billo agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Billo Services, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
14.7 Unless expressly specified otherwise in the Agreement, the Agreement is governed by the Law of the Republic of Lithuania.
15. TIKTOK TASK DELIVERY TERMS
15.1 This “15. TikTok task delivery terms” Agreement section applies only to Creators who are performing TikTok tasks on the Platform. These tasks involve Content which is created and delivered while performing TikTok task on the Platform, and TikTok Inc. (a California corporation, entity address: 5800 Bristol Pkwy, Suite 100 Culver City, CA 90230, United States) (“TikTok”) which is a third party beneficiary of this Agreement and is sourcing TikTok task Content on the Platform, working together with Billo and Brands that use such Content created for TikTok tasks. TikTok tasks are clearly marked as such for each Creator on the Platform. The provisions of this Section 15 are aimed at supplementing the rest of the Agreement terms solely for the subjects and Content specified in this Section 15.1. In the event that a provision of this Section 15 contradicts any other provision of the Agreement provision, with respect to the subjects mentioned above in this section 15.1 section, Section 15 shall prevail over and supersedes any such contradicting provision.
15.2 Creator agrees to indemnify, and must defend and hold harmless TikTok and Brand (which is using the Content created for TikTok tasks) and their related affiliates, personnel, servants and agents, from and against any loss, damages, and expense, including reasonable attorney fees, arising from any claim, demand, action, suit or proceedings brought by a third party in relation to:
15.2.1 access to the Billo Platform in violation of this Agreement;
15.2.3 your Content, if such Content does not conform to the terms of a Task Brief (TikTok task) or other instructions provided by Billo, TikTok or Brand using Content created for TikTok tasks;
15.2.4 your violation of any applicable laws, rules or regulations; and
15.2.5 any misrepresentation made by you.
15.3 License grant to TikTok. Creator and Brand (which is using Content created for TikTok tasks) hereby grant to TikTok and its affiliates, agents, licensees, and assigns, a perpetual, worldwide, non-exclusive, irrevocable, fully-sublicensable, fully paid and royalty-free license, to reproduce in whole or in part, make derivative works of, distribute, publicly perform, communicate to the public, and publicly display the Content in any form to permit TikTok users to use all features made available on the TikTok platform (including to share the Content via the TikTok platform, email or messaging services, third party social media platforms and other platforms accessible via the TikTok platform), make, use, transfer, import, and exercise any and all such rights in and to the Content, including, without limitation, any embodied in music and Creator’s name, approved image, and approved likeness, on/via the TikTok platform, and on/via other mutually agreed upon media.
15.4 Limited license. TikTok hereby grants Creator a non-exclusive, irrevocable, limited license to use, access, and display, portions of the TikTok platform and certain components thereof (the “TikTok Materials”) for the sole purpose of performing their obligations under this Agreement. Creator may also receive content directly from TikTok or its third-party partners, including, without limitation, from advertisers or agencies for the sole purpose of delivering the TikTok task (the “Third Party Materials”). Together, Third Party Materials and TikTok Materials shall be referred to as the “Materials”. For the avoidance of doubt, Materials should not be used without TikTok’s express prior written consent.
15.5 Ownership of Materials. Creator acknowledges that as between the subjects specified in section 15.1 of this Agreement, the Materials, and their respective copyrights, trademarks, and all intellectual property rights therein are owned exclusively or licensed by TikTok. For clarity, Creator will not acquire any ownership or other right in the Materials. Except as expressly set forth in section 15.4 of the Agreement above, TikTok is not granting Creator any license to use, copy, prepare derivative works of, or develop, manufacture, or market the Materials.
15.6 Feedback. If Creator provides TikTok with any oral and written reports, or any materials, information, ideas, analyses, concepts, documents, communications, or know-how (collectively “Feedback”) such Feedback will be the sole property of TikTok. Creator hereby assigns to TikTok all rights, title and interest in and to all Feedback, or, if such assignment is invalid, hereby irrevocably grants TikTok a worldwide, exclusive (even as to Creator), irrevocable, perpetual worldwide, fully paid license to such Feedback. Feedback shall be deemed TikTok’s confidential information and TikTok may use or exploit Feedback without restriction and without any accounting or additional payment to Creator.
15.7 Non-Union: Creator hereby acknowledges and agrees that TikTok is not a signatory to any collective bargaining agreement with the Screen Actors Guild-American Federation of Television and Radio Artists (“SAG-AFTRA”) or any similar domestic or foreign entertainment labor union or guild and that Creator’s Content creating service shall be rendered on a non-union basis. Notwithstanding the foregoing, if the Materials and/or Content are or become subject to the jurisdiction of any collective bargaining agreement, Creator hereby consents to any and all uses, in whole or in part (including, but not limited to, any extensions thereof) of such Materials and/or Content, as may be required from time-to-time under any applicable collective bargaining agreement. Creator agrees further that any amounts that may be required to be paid to Creator, applicable guild/union, or otherwise under any such collective bargaining agreement, including, but not limited to, minimum rates, session fees, use fees, reuse fees, holding fees, residuals, premium payments, late payment penalties, and pension and health contributions, shall, to the maximum extent not expressly prohibited, be credited against the fee paid hereunder and computed at no greater than applicable minimum scale, if any, in exchange for the maximum rights thereunder. Any amounts required to be paid under a collective bargaining agreement over and above the fee paid hereunder, and which may not be credited, or that otherwise become payable under a collective bargaining agreement, shall be solely a matter between Creator, and the advertiser (TikTok client), and/or the applicable union or guild (i.e., it is expressly understood that TikTok and Billo has no responsibility whatsoever for any guild/union amounts unless otherwise agreed in writing).
15.8 Assignment. This Agreement and the services contemplated hereunder are personal to Creator, and Creator shall not assign, transfer or subcontract any rights or obligations under this Agreement without the prior written consent of TikTok. Any attempt to do so shall be void. TikTok may fully assign and transfer this Agreement in whole or part without restriction.
15.9 Legal relationship among the subjects specified in section 15.1 of this Agreement are governed by and construed in accordance with the laws of the State of New York, without regard to the conflict of law principles thereof.
CONTACT AND HELP DETAILS
Email: [email protected]
Phone: +1 650 699 6740
Address: 584 Castro St #2163
San Francisco, CA 94114-2512
Phone: +370 622 49761
Address: Gedimino g. 22A-14, LT-44319 Kaunas