Terms and conditions

Last modified: October 21st, 2024

  • Welcome to Tik Joy!
  • Determination of economic value
  • Informative
  • Statistic Data
  • Found Management
  • Limitation of Liability for
    Material Uploaded
    by the Consumer
  • Limitation of Liabily Clause
  • Third Party and no Partnership
    Disclaimer
  • Applicable Law
  • General Provisions
  • Subsistence
  • Elettronic Communication
  • Conventional Court

Welcome to Tik Joy!

Our company offers a subscription service that provides subscribers with access to the Tik Joy platform (“TIK JOY”), a software solution owned by Tik Joy Inc. The platform consists of a JavaScript code for websites and e-commerce, as well as a dedicated dashboard for retailers. It is designed to facilitate advertising on TikTok and interaction with consumers via WhatsApp, collectively referred to as SNS.

Through Tik Joy, businesses can upload pre-configured videos for consumers to share. Users can access the platform via TikTok or WhatsApp and are incentivized to share videos by earning cashback rewards. Tik Joy manages the cashback distribution based on the business customer’s wallet, which they preload with credits to reward consumers upon completing the required actions.

Additionally, businesses can communicate directly with consumers through WhatsApp or via data collected during the users’ login process. Consumers may also receive AI-generated messages through WhatsApp, providing automated responses and engagement.

The Service allows, once the js code is installed, to assign on the Customer’s site one or more maximum and minimum credits, established by the same Customer according to this contract. The credit in question will be used as a cashback provided by Tik Joy.

(hereinafter “Customer Store” “) – included as part of Tik Joy services.

Tik Joy Inc. is a company based in the United States, New Jersey at the number 1101 of Madison Street, APT 503. Email: info@Tik-joy.com. (below also as “Tik Joy”).

If the Consumer does not have its own website, Tik Joy will provide the Consumer with a dedicated page within its platform. This page will allow the Consumer to use all the features offered by the service, including the possibility to upload and share video content, manage cashback and interact with users through the modalities provided by this contract.

The Consumer’s page on Tik Joy will be subject to the same conditions of use and the same rules applicable to Consumers who have their own website. Tik Joy accepts no liability for any technical or operational problems relating to the operation of such a page, except as otherwise provided in these terms and conditions.

Determination of economic value and cashback

  1. The “economic value” resulting from the login or the sharing and usable for accessing the cashback by the individual user is determined by the TIK JOY Service through the proprietary algorithm of Tik Joy Inc. that processes the information provided to the Service following the endorsement of the user, according to the SNS policy.
  1. In the event that the Customer has an e-commerce platform or an In Store purchase, the determination of the minimum maximum credit that can be used by the user for the purchase of the Products in the Cart is the result of the comparison between the “economic value” of the user and the established minimum and maximum credit by the Customer on the pre-established price ranges of the Cart. If the “economic value” is higher than the maximum credit, the user can purchase the Products in the Cart by taking advantage of the maximum available credit as a cashback; alternatively, if the user’s “economic value” is lower than the maximum available credit, the user can take advantage of the credit within the limits of his “economic value”.
  2. The user will be able to complete the purchase, as provided for by the points above, if and only if he agrees to login and, in case, share the video, made on the Customer’s e-commerce site, or on the website, or in Store, through the TIK JOY Service, on the personal SNS profile used for membership to the TIK JOY Service.
  3. The service allows the Customer to obtain the data of users who access the Tik Joy service through the SNS app created by Tik Joy Inc. commissioned by the Customer. The aforementioned data could be provided free of charge or against payment according to the agreements established with the same Customer and which would subsequently constitute the cost of the Tik Joy service. The obtaining of these data will take place in the terms indicated in the art. 5 infra.
  4. The Tik Joy service includes, depending on the package purchased by the Customer: (i) An Onsite engagement service which,automatically opens Overlays designed to capture the interest of the users themselves, in order to lead them to make registrations or sales; (ii) a dashboard to communicate via WhatsApp with the customers and to manage analytics; (iii) a platform that allows Customer to communicate via API for cashback for their consumers.
  5. The Tik Joy service is provided by Tik Joy Inc., a limited liability company subject to the american legislation. These Terms of Use govern your use of our service. As part of these Terms of Use, “Tik Joy service”, “our service” or “the service” indicate the service provided by Tik Joy through the subscription that is signed.

Informative

  1. The “Tik Joy” software, the Tik Joy platform, the Tik Joy code, the service, the Tik Joy application or the App are software or platforms installed on e-commerce or normal sites web, or available for in Store retailers that, connecting to a specific SNS application, allows users to get cashback from brands and shops.
  2. In addition to the constituent front-end part, it has a back-end capable of analyzing user data, through the algorithm, regulating their relative economic value.
  3. The SNS application, contained in the back-end of the software in question, is also associated with the website on which the code will be installed. This is determined by SNS corporate policies.
  4. For this reason, the Customer authorizes Tik Joy Inc. to start the association of a specific SNS app associated with the website that owns the Customer’s company with the domain indicated during registration to the Tik Joy service whose sole purpose is to allow Tik Joy Inc. to proceed with the supply of the software.
  5. The association with the SNS application will not cause any intrusion within the Customer’s site nor will it cause damage in any way. The SNS app created by Tik Joy Inc. and the data collected through it are the property of Tik Joy Inc. and, based on the agreements entered into with the Customer, including the latter, within the limits indicated in the agreement. The aforementioned data are not the property of any brokerage company that has access to them through the Client’s access codes nor can they be managed by them. In the event that these data are recovered, they must be provided and not archived for any purpose.
  6. Tik Joy Inc. assumes no responsibility for direct interventions and modifications of Meta or any Social Network that could alter or interrupt the correct functioning of the app connected to the Tik Joy software.
  7. Tik Joy Inc. and the Customer expressly agrees and accepts that the value of the advertising deriving to the Customer from the sharing of purchases made by users through the Tik Joy Service will be calculated by the proprietary algorithm of Tik Joy Inc., without the Customer being able to dispute anything about the correctness of the algorithm realized by Tik Joy Inc.
  8. The Customer agrees to use the Tik Joy service, including all the functions and functions associated with it, in compliance with the applicable laws, rules and regulations or any other limitation to the use of the service or its contents. You agree not to store, download, copy, distribute, modify, show, publish, grant licenses relating to, create derivative works from, offer for sale or use (except where expressly authorized in these Terms of Use) content and information contained in or obtained from or through the Tik Joy service. He also agrees not to: circumvent, remove, alter, deactivate or block the protections of the content in the Tik Joy service; use robots, spiders, scraper or other automatic tools to access the Tik Joy service; decompile, reverse engineer or disassemble any software or other product or process accessible through the Tik Joy service; enter any code or product or manipulate the contents of the Tik Joy service in any way; or use any data mining or data collection or extraction method. It also agrees not to upload, post, e-mail or transmit or otherwise send any material intended to interrupt, destroy or limit the functionality of any software or hardware or telecommunications tool associated with the Tik Joy service, including viruses and any other code, file or computer program. Tik Joy will have the right to limit or interrupt the use of the service if it violates these Terms of Use or uses our service illegally or fraudulently. Tik Joy Inc. also reserves the right to retrieve anonymous statistic data from the Customer’s e-commerce site relating to user activities on the platform to improve the quality of the Tik Joy service.
  9. Tik Joy Inc., through the Tik Joy Service, declares to allow the Customer, by supplying access codes, to download the js code no later than 7 days from the signing of this contract, subject to approval by SNS, which constitutes a condition of validity of this contract.
  10. The Customer also declares to install the Tik Joy Service on its e-commerce, website or in Store retailers and make it available to users of the site itself.
  11. The Customer sends to Tik Joy some of his independently created product data (including, but not limited to, links, product titles and descriptions, product photos, category terms and other text and images relating to the products, or videos) (below “Customer Data”), in order to present its products on the Site or videos.

Statistic Data

  1. Tik Joy Inc. will communicate to the Customer statistic data about: (i) Transaction, in term of number and amount of purchased through Tik Joy Service; (ii) Number of users who have accessed the customer’s e-commerce website through Tik Joy Service; (iii) Number of users who have made one or more purchases on the Customer’s e commerce, website or In Store retailers through Tik Joy Service; (iv) the access data to the business section of the www.Tik-Joy.com in order to allow the Customer to monitor the activities deriving from the use of the Tik Joy Service.

 

  1. The users’ data who access Tik Joy via the WhatsApp Business API or another SNS on the Customer’s e-commerce site. The data refer only to email addresses, phone number (when available) and personal data (name and surname of the user). Each individual item, consisting of an e-mail address, a surname and the user’s name is named as “Lead”. In some cases, up to the plan chosen, some data could be limited.

 

  1. The communication of personal data carried out will take place as Tik Joy is the data controller of this data. In fact, the Customer may use this data exclusively as data controller pursuant to art. 28 of the GDPR, as per separate appointment that Tik Joy and the Customer undertake to sign. In this appointment, in particular, it will be forbidden for the Customer to transfer the personal data communicated to him by Tik Joy to third parties, the Customer being obliged to treat this data only for sending users of advertising communications referring to its own products or services.

Found Management

  1. The Customer may upload sums of money that will be deposited on a Wallet operated by a payment institution other than Tik Joy. The Wallet will be managed by a payment institution selected by Tik Joy, unless otherwise agreed in writing with the Customer. The amounts deposited on the Wallet will be used for the recognition of the cashback to the Consumers, and will be scaled down progressively according to the amounts due as cashback to each Consumer, as established in these conditions.

 

  1. Tik Joy will deduct from the amount loaded by the Customer, from time to time, an amount or a percentage agreed with the Customer, as compensation for the service offered. In the moment in which the balance of the Wallet is depleted due to the total distribution of the cashback, the Customer will have the possibility to recharge the Wallet in order to continue to use the service, through the operative modalities indicated by Tik Joy, which will be communicated to the Customer in a timely manner.

 

  1. Tik Joy does not assume any responsibility in relation to eventual disservices, breach of contract or violation of the law on the part of the payment institute involved in the management of the Wallet. For further information on the payment institution used, the Customer may contact Tik Joy at the contact details indicated at info@tik-joy.com.

Limitation of Liability for Material Uploaded by the Consumer

  1. Tik Joy shall in no way be liable for the content, data, images, videos or any other material uploaded by the Consumer to the platform. The Consumer assumes full responsibility for the material uploaded and guarantees that such material does not violate any third party rights, including intellectual property, copyright and privacy laws.

 

  1. The Consumer agrees to indemnify and hold Tik Joy harmless from any claim, demand or action made by a third party in connection with the uploaded material. Tik Joy reserves the right, at its sole discretion, to remove or block content that it deems to be in violation of these terms or applicable laws. Tik Joy undertakes to promptly notify the Consumer in case of removal or blocking of content, specifying the reasons for the action. The removal of content may take place without prior notice, and without any liability for any damage or loss suffered by the Consumer.

Limitation of Liabily Clause

  1. Tik Joy shall in no way be liable for any disservices, interruptions, malfunctions or delays in the provision of the service, including, but not limited to, technical problems related to the functioning of the platform, applications, computer systems, JavaScript code installed on the Customer Brand services, or any other technological element provided by Tik Joy. This also includes disruptions resulting from updates, maintenance work, cyber attacks, network errors or third party problems, including social platforms and payment institutions.

 

  1. Tik Joy does not guarantee that the service will be error-free, nor that its operation will be continuous or uninterrupted. Furthermore, Tik Joy shall not be liable for any direct, indirect, consequential, lost profits, business interruption or other losses arising out of the use or inability to use the service, software or any functionality of the platform.
  2. The liability of Tik Joy is also excluded for any malfunction, damage or loss that occurs on the Customer’s site as a result of the installation or use of the code provided by Tik Joy, including errors or malfunctions caused by incompatibility with other systems or applications used by the Customer.
  3. The above limitations do not apply in cases where the damage is due to wilful misconduct or gross negligence on the part of Tik Joy. In such cases, Tik Joy’s liability shall in any case be limited to direct and foreseeable damage only.
  4. The liability of Tik Joy is also excluded for any malfunction, damage or loss that occurs on the Customer’s site as a result of the installation or use of the code provided by Tik Joy, including errors or malfunctions caused by incompatibility with other systems or applications used by the Customer.
  5. The above limitations do not apply in cases where the damage is due to wilful misconduct or gross negligence on the part of Tik Joy. In such cases, Tik Joy’s liability shall in any case be limited to direct and foreseeable damage only.

Third Party and No Partnership Discalimer

  1. Tik Joy shall in no way be liable for any violations of law, including but not limited to the General Data Protection Regulation (GDPR – EU Regulation 2016/679) or other applicable regulations, breach of contract, inefficiencies or malfunctions caused by third party companies regulating or owning the plugins used by the Tik Joy platform, including but not limited to TikTok and WhatsApp.

 

  1. There is no partnership, collaboration or commercial agreement of any kind between Tik Joy and the companies that own the TikTok and WhatsApp plugins. Accordingly, Tik Joy does not guarantee that such companies will comply with applicable regulations, including the provisions set forth in the GDPR, nor that they will comply with existing contracts between the Customer and such third parties.

 

  1. Tik Joy does not guarantee the continued availability and proper functioning of the plugins provided by these third parties. Therefore, Tik Joy shall not be liable for any interruption, modification, limitation or suspension of service caused by such third party companies. Any dispute or legal issue arising in connection with the use of the TikTok and WhatsApp plugins shall be exclusively between the Customer and the third party companies involved.

Applicable Law

These Terms of Use will be governed by italian law and interpreted in accordance with them

General Provisions

This contract contains all the agreements between the parties and replaces any previous agreement concerning the Service covered by this agreement. Any change will be effective only if it is written at a later date in writing and signed by the parties. Tik Joy Inc. will have the right to assign all or part of this contract or the rights arising from it: the Customer will now give his consent to the transfer. All obligations deriving from this contract are understood to be assumed by the Client for himself, his successors and assignees, jointly and severally indivisible between all.

Subsistence

  1. If one or more provisions of these Conditions of use shoul be deemed invalid, illegal or not applicable, this will not affect the validity, legality and applicability of the remaining provisions, which will continue to have full validity and effectiveness.
  2. Tik Joy may periodically change these Terms of Use. We will send you a notification at least 30 days before the date of entry into force of the new Terms of Use.

Elettronic Communication

We will send information about your account (for example, payment authorizations, invoices, password changes or Payment Methods, confirmation messages, notifications) exclusively in electronic format, for example by email to the address you provided when you registered. 

Conventional Court

The Parties expressly agree that any dispute relating to and / or arising from the interpretation, execution and / or termination of this contract will be the exclusive and binding jurisdiction of the Court of Milan, Italy.