Terms of Service

Content on saltyecom.com is general information about our services and past work. It is not advice, not an offer, and not a guarantee of any result. Nothing on the site creates a client, agency, partnership or fiduciary relationship. An engagement with Salty Ecom begins only when a separate written agreement is signed by us, and that agreement controls if it conflicts with these Terms.

• ↳Case studies and results describe historical work in a specific context and are not a promise of future performance.
• ↳Client, creator and platform names and marks belong to their owners and are used for identification only.
• ↳We may change, suspend or remove any part of the site at any time.

Creator Network is an invitation-only app for TikTok creators who work with a brand we manage. Access is a revocable privilege, not a right. When you sign in with TikTok you authorize the app to read your public profile and the list of your own videos and their performance, as described in our Privacy Policy. The app is read-only: it never posts, comments, messages or changes anything on your TikTok account.

• ↳You are responsible for everything that happens under your account and for keeping your invite link and sign-in private. Tell us at once at brendan@saltyecom.com if you suspect unauthorized use.
• ↳Use the app only for your own TikTok account and only for the brand workspaces you were invited to. Do not access, scrape, copy or share another creator's or brand's data.
• ↳You may leave a workspace or disconnect TikTok at any time, which ends the app's access to your TikTok data. We may remove you from a workspace or the app at any time.
• ↳Your use of TikTok remains governed by TikTok's own terms and policies, which we do not control.

Brands, opportunities, rewards, credits, samples, commissions and campaigns shown in Creator Network are offered by the brand, not by Salty Ecom, unless a written agreement signed by us says otherwise. Any deal between you and a brand is between you and that brand. We may display it, track it or help administer it, but we are not a party to it and we do not guarantee that a brand will pay, ship, respond or honor any offer. Rewards and credits have no cash value unless the brand's own terms say they do, may be changed or withdrawn at any time, and may be voided for misuse.

You agree not to, and not to help anyone else to:

• ↳Break any law, platform rule or third-party right while using the Services.
• ↳Access the Services by any automated means, scrape data, probe or test the security of our systems, or interfere with their operation.
• ↳Reverse engineer, copy, resell, sublicense or build a competing product from any part of the Services.
• ↳Misrepresent who you are, use another person's account, or create accounts for others.
• ↳Submit content that is false, misleading, infringing, defamatory, harmful or that you do not have the right to share.
• ↳Use the Services to buy or sell engagement, manipulate metrics, or violate TikTok's community guidelines.

You keep ownership of content you submit through the Services, such as Spark codes, video links, messages, feedback and profile information (Your Content). By submitting it you grant Salty Ecom and the brands you are working with a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable and sublicensable license to use, copy, store, display, analyze, adapt and share Your Content to operate, improve and promote the Services and the brand programs you take part in. You represent that you own or have the rights to Your Content and that it does not violate any law or third-party right. We may remove Your Content at any time. Any feedback or suggestions you give us may be used freely without obligation to you.

The Services, including all software, code, design, text, graphics, data, analysis, scoring, reports, methods, trademarks and the Salty Ecom and Creator Network names, are owned by Salty Ecom or its licensors and are protected by intellectual property laws. We grant you a limited, personal, revocable, non-exclusive, non-transferable license to use the Services as intended and as permitted by these Terms. All other rights are reserved. Analytics, insights and AI-generated feedback we produce about your content are our work product; you may use them for your own creative decisions and for nothing else.

You may stop using the Services at any time. We may suspend or terminate your access to all or part of the Services immediately, with or without cause and without notice or liability to you. On termination your license ends, and we may delete or retain your data as described in the Privacy Policy and as the law requires. Sections that by their nature should survive (including Your content, Our property, Disclaimers, Limitation of liability, Indemnification, Disputes and General) survive termination.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT, DATA, ANALYTICS AND RECOMMENDATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ANY METRIC, INSIGHT OR RECOMMENDATION IS ACCURATE, THAT ANY BRAND WILL PERFORM, OR THAT USE OF THE SERVICES WILL PRODUCE ANY VIEWS, SALES, PAYMENTS OR OTHER RESULT. DATA SHOWN IN THE SERVICES COMES FROM THIRD-PARTY PLATFORMS AND MAY BE DELAYED, INCOMPLETE OR WRONG. YOU USE THE SERVICES AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, SALTY ECOM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, FOLLOWERS, REACH OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100) OR THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE. THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU; IN THAT CASE OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT THE LAW ALLOWS.

You agree to defend, indemnify and hold harmless Salty Ecom and its officers, directors, employees, contractors, agents and affiliates from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or related to Your Content, your use of the Services, your dealings with any brand or other user, your violation of these Terms, or your violation of any law or third-party right. We may take over the defense of any matter subject to indemnification, and you agree to cooperate.

Please read this section carefully. It affects your legal rights.

• ↳Informal resolution first. Before starting any formal proceeding, you agree to email brendan@saltyecom.com with a written description of the dispute and give us 60 days to try to resolve it. We will do the same for claims we have against you.
• ↳Binding arbitration. Any dispute, claim or controversy arising out of or relating to these Terms, the Privacy Policy or the Services that is not resolved informally will be settled by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, before a single arbitrator, in the county in California where Salty Ecom has its principal place of business, or by video conference if the arbitrator allows. The Federal Arbitration Act governs this clause. The arbitrator, not a court, decides whether a claim is arbitrable. Judgment on the award may be entered in any court with jurisdiction.
• ↳Class action and jury waiver. YOU AND SALTY ECOM EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR TAKE PART IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. Claims may be brought only in an individual capacity, and the arbitrator may award relief only to the individual party seeking it.
• ↳Exceptions. Either party may bring an individual claim in small claims court, and either party may seek an injunction or other equitable relief in court to protect its intellectual property or confidential information, or to stop unauthorized access to the Services.
• ↳Opt out. You may opt out of arbitration by emailing brendan@saltyecom.com within 30 days after you first accept these Terms, stating your name, the TikTok username you signed in with, and that you opt out. Opting out does not affect any other part of these Terms, including the class action waiver.
• ↳Time limit. Any claim against Salty Ecom must be filed within one year after it arises, or it is permanently barred, to the extent the law allows.
• ↳Fees. Each party pays its own attorneys' fees unless the arbitrator finds a claim was frivolous or brought in bad faith, in which case the arbitrator may award fees to the prevailing party.

These Terms and any dispute are governed by the laws of the State of California and applicable United States federal law, without regard to conflict of law rules. For any matter that is not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in California, and you waive any objection based on inconvenient forum.

We may change these Terms at any time by posting the updated version here with a new effective date. Material changes to the Creator Network terms will also be shown in the app or sent to the email or TikTok account on file when practical. Your continued use of the Services after a change means you accept it. If you do not agree, stop using the Services and disconnect TikTok.

These Terms, the Privacy Policy and any written agreement signed by Salty Ecom are the entire agreement between you and us about the Services and replace any prior understanding.

• ↳If any part of these Terms is found unenforceable, the rest stays in effect and the unenforceable part is limited to the minimum extent necessary. If the class action waiver is found unenforceable for a particular claim, that claim must be decided by a court, not an arbitrator, and the rest of this section still applies.
• ↳We may assign these Terms or any rights under them without notice. You may not assign them without our written consent.
• ↳Our failure to enforce any provision is not a waiver of it.
• ↳We are not liable for any delay or failure caused by events outside our reasonable control, including platform outages, API changes, or actions by TikTok or another third party.
• ↳You agree to receive notices and other communications from us electronically, including by email and through the Services.
• ↳Nothing in these Terms creates an employment, agency, partnership or joint venture between you and Salty Ecom.

Salty Ecom, Inc., brendan@saltyecom.com. Our Privacy Policy is at saltyecom.com/privacy.