Terms and Conditions

1. ACCEPTANCE OF TERMS

By accessing HeartsOnTikTok ("Platform", "Service", "we", "us"), you agree to these Terms. If you disagree, do not use our service. You must be 18+ and legally capable of entering contracts.

2. PLATFORM DESCRIPTION & DISCLAIMERS

HeartsOnTikTok is ONLY a marketplace platform with the following features:

• Video Payouts: KES 50 per 1,000 likes on campaign videos
• Affiliate System: 30% direct + 5% indirect commissions (4 levels)
• Plan Limits: Gold (3), Platinum (5), Diamond (10) campaigns/month
• Daily Limits: KES 10K/15K/20K payout limits per plan
• Pricing: KES 1,000/3,000/5,500 monthly subscriptions

WE ARE NOT RESPONSIBLE FOR:

• TikTok account suspensions, bans, or policy violations
• Content removal or community guideline strikes
• Payment processing failures or delays
• Campaign performance or engagement results
• Subscription plan changes or feature modifications
• Third-party platform changes or policies
• Lost earnings, missed opportunities, or business losses
• Technical issues, bugs, or platform downtime

3. USER RESPONSIBILITIES

ALL USERS MUST:

• Comply with ALL TikTok terms, policies, and community guidelines
• Ensure content is original and non-infringing
• Disclose sponsored content as required by law
• Maintain account security and authenticity
• Pay all applicable taxes on earnings
• Verify all legal requirements in their jurisdiction

4. COMPLETE LIMITATION OF LIABILITY

HEARTSONTIKTOK PROVIDES SERVICES "AS IS" WITHOUT ANY WARRANTIES. WE DISCLAIM ALL LIABILITY FOR:

• Account Issues: Suspensions, bans, restrictions by TikTok or other platforms
• Content Issues: Removal, strikes, policy violations, copyright claims
• Financial Losses: Lost revenue, missed opportunities, payment failures
• Technical Problems: Bugs, downtime, data loss, security breaches
• Third-Party Actions: Platform changes, policy updates, algorithm changes
• Legal Issues: Regulatory compliance, tax obligations, licensing requirements
• All Damages: Direct, indirect, consequential, punitive, or special damages

MAXIMUM LIABILITY LIMITED TO KES 100 TOTAL.

5. FULL INDEMNIFICATION

Users agree to indemnify, defend, and hold harmless HeartsOnTikTok from ALL claims, damages, costs, and expenses including attorney fees arising from:

• User content, activities, or conduct
• Violation of these terms or any laws
• Infringement of third-party rights
• TikTok or platform policy violations
• Tax obligations or regulatory compliance
• Any use of our platform or services

6. PAYMENT & FINANCIAL TERMS

Subscription Pricing (Monthly, Non-Refundable):

• Gold Plan: KES 1,000/month - 3 campaigns, KES 10,000 daily limit
• Platinum Plan: KES 3,000/month - 5 campaigns, KES 15,000 daily limit
• Diamond Plan: KES 5,500/month - 10 campaigns, KES 20,000 daily limit

Payout Structure:

• Video earnings: KES 50 per 1,000 likes (all plans)
• Affiliate commissions: 30% direct, 5% indirect (4 levels)
• Daily payout limits enforced automatically
• All payments via M-Pesa through Swapuzi (third-party processor)

Financial Disclaimers:

• All subscription fees are non-refundable under any circumstances
• Users solely responsible for tax reporting and compliance
• We may modify pricing, limits, or features without notice
• We may suspend payouts for violations or technical issues
• No guarantee of payment processing timing or success
• Minimum payout: KES 10, maximum per transaction: plan limits

7. PROHIBITED ACTIVITIES

Users may not engage in:

• Any fraudulent, misleading, or deceptive practices
• Violation of platform policies or applicable laws
• Harassment, hate speech, or illegal content
• Manipulation of metrics, engagement, or algorithms
• Unauthorized access or system interference
• Any activity that could harm our reputation or operations

8. ACCOUNT TERMINATION

We may suspend or terminate accounts immediately at our sole discretion for any reason or no reason. No refunds, credits, or compensation will be provided for terminated accounts.

9. INTELLECTUAL PROPERTY

Users retain content ownership but grant us unlimited license to use, display, and process content. Users must respect all intellectual property rights and assume full liability for infringement claims.

10. DISPUTE RESOLUTION

ALL disputes resolved through binding arbitration in Nairobi, Kenya. Users waive rights to jury trials and class actions. Kenyan law governs all disputes.

11. MODIFICATIONS

We may modify terms at any time without notice. Continued use constitutes acceptance. Users responsible for reviewing terms regularly.

12. FORCE MAJEURE

We are not liable for delays or failures due to circumstances beyond our control including but not limited to: natural disasters, government actions, internet outages, third-party platform changes, or technical failures.

13. SEVERABILITY

If any provision is deemed invalid, the remaining terms remain in full effect. Invalid provisions will be replaced with similar enforceable terms.

14. ENTIRE AGREEMENT

These terms constitute the complete agreement between parties. No other agreements, representations, or warranties apply.

15. CONTACT

Questions about terms should be submitted through our platform support system. We do not guarantee responses to inquiries.