This English-language Terms of Service is the governing version of the agreement between you and Twiikle, Inc. Translations into other languages (including Korean) are provided for convenience only. In the event of any conflict or inconsistency between the English version and any translated version, this English version shall prevail.
★ = Sections containing Twiikle's key differentiators
Twiikle (the "Service") is operated by Twiikle, Inc. (the "Company," "we," "us," or "our"), a Delaware C-Corporation. Twiikle is a shoppable short-form video platform where creators tag products in their videos and viewers can discover, save, and purchase those products.
These Terms of Service (the "Terms") constitute a legally binding agreement between you ("you" or "your") and the Company. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
These Terms incorporate the following policies by reference:
| Term | Definition |
|---|---|
| "Content" | Any video, image, text, comment, audio, or other material uploaded, posted, or shared on the Service by users. |
| "Creator" | A user who uploads Content to the Service. |
| "Viewer" | A user who watches Content on the Service. |
| "Twiikle" (feature) | The interactive product-tagging feature that allows Creators to tag products in their videos, enabling Viewers to click, save (MY PICK), and purchase. The Company generates all Affiliate Links through its affiliate network partnerships. |
| "Affiliate Link" | A trackable product link generated by the Company through its affiliate network partnerships (CJ Affiliate, Awin, Impact.com, etc.). When a Viewer clicks an Affiliate Link and makes a purchase, a Commission is generated. |
| "Product Catalog" | The Company's integrated database of products available for tagging, sourced from multiple affiliate network partners. Creators select products from this catalog when tagging their videos. |
| "Commission" | Revenue generated from a purchase conversion through an Affiliate Link. The Commission is received by the Company from the affiliate network and distributed to Creators after deducting the Platform Fee. |
| "Platform Fee" | The progressive fee retained by the Company from Commissions as compensation for commerce infrastructure services (product catalog, link generation, tracking, settlement, analytics, AI product matching). The Platform Fee rate is determined by the Creator's monthly cumulative Commission amount. This is not a content licensing fee. |
| "Reshare" | The act of reposting another Creator's Content within the Service, allowing the Reposter to earn a share of Commissions generated through their audience. |
| "Reposter" | A user who Reshares another Creator's Content. The Reposter earns a portion of Commissions from sales generated through their Reshare, as defined in Section 5.4. |
| "Quick Collab" | The Company's brand-to-Creator content marketplace feature, where brands commission Creators to produce Content for a fixed fee plus optional affiliate commissions. |
| "UGC License" | A non-exclusive license granted by a Creator through the Company for a brand to use the Creator's Content in the brand's own marketing channels. |
| "MY PICK" | The feature allowing Viewers to save products of interest for later purchase. |
| "KYC" | Know Your Customer. Identity verification required to activate commerce features. |
| Type | Capabilities | Requirements |
|---|---|---|
| Viewer | Watch videos, save to MY PICK, like, comment, share, follow | Default upon sign-up |
| Creator | Upload videos, tag products (Twiikles), register affiliate links, access Creator Studio | Creator mode activation (in-app) |
| Commerce Creator | All Creator features + receive commissions, request payouts | KYC verification (via Stripe Connect) |
To receive commissions, KYC verification is required. The KYC process is handled through Stripe Connect; the Company does not separately store financial information. KYC requires:
Each account is assigned a unique handle (prefixed with "@") chosen by the user during onboarding.
YouTube secures an unconditional "right to monetize" all content. TikTok requires a perpetual, irrevocable content license. Twiikle requests only the minimum license necessary for service operation, and the license terminates when you remove your content.
You retain ownership of all Content you upload. Nothing in these Terms transfers ownership of your Content to the Company. You represent and warrant that you own or have obtained all necessary rights to the Content you upload.
By uploading Content to the Service, you grant the Company a:
When you delete your Content from the Service, this license terminates. However, copies may persist for up to 90 days for technical, legal, and safety reasons (caches, CDN, backups, dispute resolution, affiliate commission reconciliation), and reasonable use during this wind-down period is permitted.
The Company will not create derivative works from your Content. Technical processing required for service operation (thumbnail generation, resolution conversion, etc.) is not considered creation of derivative works.
The Company respects your moral rights to the extent permitted by applicable law. We do not require you to waive your moral rights.
| YouTube | TikTok | Twiikle | |
|---|---|---|---|
| License Duration | Ends on removal (comments: perpetual) | Perpetual, irrevocable | Ends on removal (90-day grace) |
| Monetization Rights | Unconditional (no opt-out) | Separate Shop Terms | Only when Creator opts in |
| Moral Rights | Not addressed | Forced waiver | Respected (no waiver required) |
| Derivative Works | Permitted | Unrestricted | Prohibited |
If the Company wishes to use your Content in its own marketing materials (advertisements, promotions, social media), we will request your separate consent. Display within the Service (e.g., trending feeds, recommendations) is part of service operation and does not require separate consent.
The content license in this Section is limited to service operation purposes. Monetization through affiliate commerce (Section 5) is separate from this content license and occurs only when a Creator voluntarily tags products from the Product Catalog. The Company does not apply a blanket "right to monetize" clause like YouTube. The Platform Fee is compensation for commerce infrastructure services, not a content usage fee.
For the avoidance of doubt, the Company and Creator acknowledge the following legal distinction:
| Category | Copyright Revenue | Affiliate Commission |
|---|---|---|
| Trigger | Use of the work itself (viewing, reproduction, distribution) | Completion of a product sale (purchase conversion) |
| Payer | Content licensee (broadcaster, streaming service) | Product seller (brand / merchant via affiliate network) |
| Legal basis | Copyright Act (17 U.S.C.) | Contract law / Commercial law |
| If viewed but not purchased? | Revenue generated (ad revenue, royalties) | $0 (no sale = no commission) |
Affiliate commissions are marketing referral fees paid by merchants for driving sales, not compensation for the use of copyrighted content. The Platform Fee retained by the Company is consideration for commerce infrastructure services (product catalog curation, link generation, tracking, settlement, analytics, AI product matching, and the Reshare network), and does not constitute a copyright royalty, licensing fee, or content usage fee of any kind.
The Company's Platform Fee applies only to Commissions generated through the Product Catalog infrastructure that the Creator has voluntarily opted into by tagging products. The Company does not claim, license, or derive revenue from the Creator's copyright in their Content — only from the commerce infrastructure services it provides.
Creators may opt in to license their Content to brands through the Company's UGC Licensing program (Section 5.7). This is a separate, voluntary, opt-in agreement for each Content item and brand request:
Twiikle operates a platform-managed affiliate commerce model. The Company registers as a publisher with major affiliate networks (CJ Affiliate, Awin, Impact.com, Rakuten, and others) and generates all Affiliate Links through these partnerships. Creators do not need to maintain their own affiliate accounts.
Unlike platforms that require Creators to manage their own affiliate accounts, Twiikle handles all affiliate infrastructure. Creators simply select products — the Company handles everything else (link generation, tracking, commission collection, and payout).
Creators using the affiliate commerce features are independent contractors, not employees of the Company. The Creator:
The Company applies a progressive (marginal) Platform Fee to Commissions, similar to a graduated tax bracket system. Higher-earning Creators pay a higher rate only on the portion of their earnings that exceeds each threshold.
| Monthly Commission Tier | Platform Fee Rate | Creator Receives |
|---|---|---|
| $0 – $500 | 5% | 95% |
| $500.01 – $1,500 | 12% | 88% |
| $1,500.01+ | 18% | 82% |
The Platform Fee is calculated on a marginal basis. For example, a Creator earning $2,000 in monthly Commissions pays:
The progressive structure ensures there is no earnings cliff — Creators always take home more as they earn more.
The progressive fee tiers reset on the 1st of each calendar month (UTC). Each month, the Creator's cumulative Commission starts at $0.
Twiikle's effective Platform Fee (5–16.75%) is significantly lower than industry peers: LTK (25–30%), Skimlinks (25%), YouTube Shopping (~30%). Unlike competitors, Twiikle's fee structure is fully public.
When a Viewer purchases a product through a Reshared video, the Commission is distributed among three parties:
| Recipient | Share (after Platform Fee) | Rationale |
|---|---|---|
| Original Creator | 60% | Content creation contribution |
| Reposter | 40% | Distribution and audience reach contribution |
Creators may control whether their Content participates in Reshare revenue sharing:
The toggle can be set per-video and changed at any time. Changes apply only to future Commissions.
Reshare revenue constitutes a performance-based referral fee, not a security or investment contract. Reposters actively participate by selecting and sharing Content to their audience. Both the Original Creator and the Reposter are independent contractors and are individually responsible for tax reporting on their respective earnings.
The UGC Licensing program allows brands to license Creator Content for use in their own marketing channels (website, social media, advertisements).
In accordance with the U.S. Federal Trade Commission's Endorsement Guides (16 CFR Part 255), Content containing Affiliate Links or sponsored elements must include appropriate disclosures.
The following principles govern the Company's affiliate commerce operations:
The following conduct related to affiliate commerce is prohibited:
The Company is not the seller, manufacturer, or warrantor of any products linked through the Service. Product quality, safety, legality, and accuracy are the responsibility of the respective sellers and manufacturers. The Company makes no warranties regarding such products.
Creator's Commission share (after Platform Fee) will be settled through the following methods:
| Method | Currency | Eligibility | Notes |
|---|---|---|---|
| Stripe Connect | USD | US-based Creators (default) | KYC/AML delegated to Stripe |
| PayPal Payouts | Multi-currency | Global Creators | 200+ countries supported |
| Toss Payments | KRW | Korea-based Creators | Korean Won settlement |
| USDC | USDC | Lv.3 Creators (opt-in) | See Section 6.5 |
| Tier | Minimum Payout | Frequency |
|---|---|---|
| Lv.1 (New) | $25 | On demand |
| Lv.2 (Active) | $5 | On demand |
| Lv.3 (Pro) | $0 | On demand |
A 30-day confirmation period applies after each affiliate purchase is verified. If the purchase is not refunded within this period, the commission is confirmed. Only confirmed commissions are eligible for payout.
Legitimately earned and confirmed commissions will be paid out even upon account termination. The sole exception is revenue obtained through fraud or Terms violations, which the Company may withhold or recover.
① No Content ID — All copyright claims must go through the formal DMCA process
② 5-Step Verification — Systematic filtering of fraudulent and abusive claims
③ Hide, Not Delete — Content is made private, not deleted, protecting creator work
The Company respects the intellectual property rights of others and expects users to do the same. You must not upload content to the Service without proper rights or authorization.
Pursuant to the Digital Millennium Copyright Act (DMCA, 17 U.S.C. § 512), the designated agent for copyright infringement notifications is:
DMCA Designated Agent
Twiikle, Inc.
[Address TBD] Legal Review Required
Email: dmca@twiikle.com
Copyright.gov Registration: [To be filed]
DMCA infringement claims are submitted through a 5-step verification form designed to filter fraudulent claims and protect creators from unjust takedowns.
| Step | Item | Requirements |
|---|---|---|
| Step 1 | Reporter Information | Full name, email address, physical address (email verification required) |
| Step 2 | Identify Original Work | URL or detailed description of the original copyrighted work |
| Step 3 | Identify Infringing Content | URL or ID of the allegedly infringing video on the Service (system auto-verifies existence) |
| Step 4 | Perjury Statement | "I swear, under penalty of perjury, that the information in this notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner." Must be typed manually (copy-paste detection enabled) |
| Step 5 | Electronic Signature | Legal name typed (must match the name provided in Step 1) |
Only notifications that complete all 5 steps are processed. Under 17 U.S.C. §512(f), knowingly filing a materially false DMCA notification constitutes perjury and may result in liability for damages.
Upon receiving a valid DMCA notification, the affected Content is made inaccessible to the public (set to private) but is not deleted from our servers. This satisfies the "disable access to" requirement of 17 U.S.C. §512(c).
The Company does not use automated content matching or fingerprinting systems (e.g., YouTube Content ID). All copyright claims must be submitted through the formal DMCA process described above. This prevents erroneous automated strikes against creators.
The Company reserves the right to implement content matching technology in the future, with a minimum of 90 days' advance notice.
Under 17 U.S.C. §512(g), uploaders of Content that has been made private due to a DMCA notification may submit a counter-notification.
To maintain DMCA Safe Harbor eligibility, the Company implements a repeat infringer policy:
| Strike | Action | Scope | Recovery |
|---|---|---|---|
| 1st | Video set to private | Affected video only. Channel and account maintained. | Successful counter-notification removes strike and restores video |
| 2nd | Video set to private + warning | Affected video only. Channel and account maintained. | Successful counter-notification removes strike and restores video |
| 3rd | Account suspended | Account suspended. All Content set to private (not deleted). | Counter-notification may restore. New account creation permitted. |
DMCA strikes and Community Guidelines strikes are tracked separately.
Under 17 U.S.C. §512(f), knowingly submitting a materially false DMCA notification constitutes perjury and may result in liability for damages caused by the wrongful takedown. The Company may report repeat abuse to law enforcement.
The separately published Community Guidelines form part of these Terms. All users must comply with the Community Guidelines.
| Category | Description | Action |
|---|---|---|
| Child Safety | Child sexual exploitation, child abuse material | Immediate removal + law enforcement referral |
| Hate Speech | Content targeting individuals or groups based on protected characteristics | Removal + Strike |
| Violence | Gratuitous violence, promotion of dangerous activities | Removal + Strike |
| Sexual Content | Pornographic or sexually explicit material | Removal + Strike |
| Harassment | Targeted harassment, bullying, threats, doxxing | Removal + Strike |
| Misinformation | Harmful false information (public health, elections, etc.) | Labeling or removal |
| Impersonation | Impersonating another person or organization | Removal + Strike |
| Spam | Spam, scams, phishing | Auto-filtering + removal |
Community Guidelines violations result in Community Strikes, which are tracked separately from DMCA Strikes. Actions resulting from accumulated Community Strikes are detailed in the Community Guidelines document.
Users may appeal actions taken on their Content for Community Guidelines violations. Appeals are reviewed by the admin team, who will decide whether to uphold or reverse the action.
The collection, use, and protection of personal data is governed by our Privacy Policy, which forms part of these Terms.
Cookies and tracking technologies are used to operate affiliate commerce features. Details are provided in the Privacy Policy and Cookie Policy.
The Service integrates with the following third-party services:
Use of these third-party services is subject to their respective terms of service.
The Company operates as a registered publisher with affiliate networks (CJ Affiliate, Awin, Impact.com, Rakuten, Amazon Associates, and others). Commission rates, cookie windows, and product availability are determined by the respective networks and their advertiser partners. The Company does not control or guarantee these attributes and is not responsible for changes to network policies, commission rate adjustments, or program terminations by the networks or their advertisers.
The Company has no control over and assumes no responsibility for the content, products, or services of external websites accessed through affiliate links on the Service.
The display of products or provision of affiliate links on the Service does not constitute the Company's endorsement of those products, sellers, or brands.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
Some jurisdictions do not allow limitations of liability. In such cases, the above limitations apply to the minimum extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from any claims, damages, and expenses (including reasonable attorneys' fees) arising from:
In the event of a dispute, the parties shall first attempt informal resolution for 30 days. You must send a written description of the dispute to the Company, and both parties shall negotiate in good faith.
If informal resolution fails, the dispute shall be resolved by binding individual arbitration under the rules of the American Arbitration Association (AAA). Legal Review Required
Either party may bring qualifying claims in small claims court.
You and the Company agree to resolve disputes on an individual basis only. You waive any right to participate in a class action, class arbitration, or representative proceeding as a plaintiff or class member. Legal Review Required
You may opt out of the arbitration provision by providing written notice within 30 days of account creation. If you opt out, disputes will be resolved in court pursuant to Section 16.
All claims arising from these Terms must be brought within one (1) year of when the claim arose. Claims not brought within this period are permanently waived.
You may delete your account at any time through the Service settings. Upon account deletion:
If you have confirmed but unpaid commissions at the time of account termination, the Company will settle those amounts within 60 days of the termination date. Revenue obtained through fraud or Terms violations is excluded.
The Company may suspend or terminate your account if:
The following provisions survive termination: Section 4 (content license termination provisions), Section 6.7 (payout guarantee), Section 11 (disclaimers), Section 12 (limitation of liability), Section 13 (indemnification), Section 14 (dispute resolution), and Section 15.2 (unpaid commissions).
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.
For disputes not subject to arbitration (Section 14.2), you and the Company consent to the exclusive jurisdiction of the federal and state courts located in the State of Delaware.
The Company may modify these Terms from time to time.
YouTube and TikTok provide short or unclear advance notice for Terms changes. Twiikle provides a minimum 30-day notice period for material changes, giving creators adequate time to review and respond.
Continued use of the Service after the effective date of modified Terms constitutes acceptance of the modifications. If you do not agree, you may terminate your account before the effective date.
These Terms (including incorporated policies) constitute the entire agreement between you and the Company regarding use of the Service, superseding all prior written or oral agreements.
If any provision of these Terms is found invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
The Company's failure to exercise or delay in exercising any right under these Terms does not constitute a waiver of that right.
You may not assign your rights or obligations under these Terms without the Company's prior written consent. The Company may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets.
The Company is not liable for failures or delays in performance resulting from causes beyond its reasonable control, including natural disasters, war, terrorism, pandemics, government actions, telecommunications failures, or blockchain network outages.
Notices from the Company to you will be delivered via in-app notifications, email to your registered address, or push notifications. Notices from you to the Company must be sent to the contacts listed in Section 19.
| Purpose | Contact |
|---|---|
| General Inquiries / Support | support@twiikle.com |
| Legal Inquiries | legal@twiikle.com |
| DMCA Designated Agent | dmca@twiikle.com |
| Privacy Inquiries | privacy@twiikle.com |
| Registered Address | Twiikle, Inc. [Delaware registered address TBD] Legal Review Required |
This Terms of Service is a draft and requires professional legal review before service launch. The following items require legal counsel:
| Item | Section | Review Scope | Priority |
|---|---|---|---|
| USDC / Digital Asset Regulation | 6.5 | Money Transmitter registration (FinCEN, state licenses), securities law review, Circle/Coinbase integration obligations | Critical |
| Sub-Affiliate Network Compliance | 5 | Sub-affiliate model legality, network TOS compliance (CJ/Awin/Impact), progressive Platform Fee structure, Reshare revenue distribution legal classification, Quick Collab/Boost/UGC Licensing contracts, FTC auto-disclosure system | Critical |
| Independent Contractor Classification | 5.1.2 | Creator IC status under IRS 20-factor test, California AB5 ABC test, state-by-state analysis, misclassification risk mitigation | Critical |
| DMCA 5-Step Verification | 7.3 | Whether verification procedure satisfies "expeditious removal" requirement (must process within 24-48 hours). Safe Harbor qualification confirmation | High |
| Arbitration Clause | 14 | Class action waiver enforceability by jurisdiction, arbitration cost allocation, creator-friendly terms review | High |
| Age Requirements | 3.1 | COPPA compliance (blocking mechanism for under-13), EEA 16+ requirement, commerce 18+ technical enforcement | Medium |
| Content License Scope | 4.2 | Whether minimum license scope sufficiently covers all operational needs | Medium |
| International Application | All | Local law requirements for key markets (EU, Korea, Japan) | Medium |