The fylo

Terms of Service for Business

Created: September 18, 2025

This is a binding agreement between you and OÜ "Taktus Marketing" (Reg. 17030643) ("we", "us", or "our"). By clicking "accept", accessing our website at www.thefylo.com, installing our mobile application(s), or otherwise using our platform (the "Platform"), you confirm that:

1. Platform

1.1 Services

OÜ "Taktus Marketing" provides an online platform (the "Platform") for the production and management of advertising campaigns (the "Services"), enabling brands, advertisers, and marketing agencies (each, a "Client") to plan, launch, and manage commercial marketing campaigns ("Campaigns"). The Platform facilitates collaboration with social media creators, influencers, and content producers ("Creators") for the creation of campaign-related promotional content.

1.2. Access

Subject to the Client's compliance with these Terms of Service (including account registration and adherence to the Code of Conduct), OÜ "Taktus Marketing" grants the Client a limited, revocable, non-exclusive, non-transferable right to access and use the Platform for its internal commercial use.

1.3. Suspension of Access and Modifications

OÜ "Taktus Marketing" may, at its sole discretion and without prejudice to any other legal remedies:

OÜ "Taktus Marketing" will make reasonable efforts to notify the Client in advance of any suspension or major changes, unless such notice is impractical due to urgency or legal obligations.

1.4. Technical Support

OÜ "Taktus Marketing" provides technical support to Clients:

OÜ "Taktus Marketing" will make commercially reasonable efforts to respond to support requests within 24 hours of receipt during business hours.

1.5. Service Levels

OÜ "Taktus Marketing" will make commercially reasonable efforts to maintain 99% monthly uptime for the Platform, excluding scheduled maintenance or force majeure events.

Scheduled maintenance will be notified at least 48 hours in advance, where possible, and will be carried out during business hours unless otherwise required for security or performance reasons.

1.6. Additional Terms

1.6.1. Campaign Products

Clients may choose to send physical products to Creators as part of a Campaign. All such shipments are made entirely at the Client's own risk.

OÜ "Taktus Marketing" does not guarantee that:

While OÜ "Taktus Marketing" makes reasonable efforts to facilitate timely delivery and hold Creators accountable to their agreed obligations, it shall not be held liable for any product losses, damage, or non-delivery of content associated with such products.

If a Creator receives a product but fails to deliver the agreed content after the deadline, and OÜ "Taktus Marketing" 's team has made reasonable efforts to solicit delivery, the Client may seek reimbursement directly from the Creator, including issuing an invoice to the Creator's registered business or mailing address, where legally permitted.

Content Revisions

The Client is entitled to request up to three (3) rounds of revisions per content asset created by a Creator, provided such revisions are:

Requests for revisions that exceed the agreed scope may require additional compensation to the Creator and may be subject to approval by OÜ "Taktus Marketing" and the Creator involved.

1.6.2. Eligibility

To register for an account ("Account") on the Platform, the Client must be acting for business or commercial purposes. If the Client is an individual, they must be at least the age of majority in their country of residence and legally capable of entering into binding agreements.

If the Client is a company, organisation, or other legal entity, the person registering must have full legal authority to bind the Client to these Terms of Service.

It is the Client's sole responsibility to ensure that using the Platform is permitted under local law. If such use is prohibited, the Client may not access or use the Platform or Services.

1.6.3. Account Term

These Terms take effect on the date the Client registers or otherwise accesses the Platform (the "Effective Date") and remain in force until the Client's Account is closed by either party in accordance with these Terms.

1.6.4. Account Information

The Client agrees to provide accurate, complete, and up-to-date information at the time of registration and throughout the use of the Platform. The Client must promptly update any information that becomes inaccurate or incomplete.

1.6.5. Account Security & Confidentiality

The Client is solely responsible for maintaining the confidentiality of their account credentials (e.g., user ID and password) and all activity under their Account.

OÜ "Taktus Marketing" strongly recommends that Clients do not share login credentials with any third party. If the Client becomes aware of a suspected or actual security breach, they must notify OÜ "Taktus Marketing" immediately via support@thefylo.com

Accounts are non-transferable and may not be sold, leased, or assigned without written permission from OÜ "Taktus Marketing".

1.6.6. Account Suspension or Termination by OÜ "Taktus Marketing"

OÜ "Taktus Marketing" reserves the right to suspend, restrict, or terminate the Client's access to the Platform, remove or disable related content (including Campaigns, Work Product, or Campaign Content), and take technical or legal steps to enforce these Terms, with or without prior notice, if:

1.6.7. Account Closure by the Client

The Client may request closure of their Account by contacting support@thefylo.com, provided that all outstanding obligations --- including Subscription Fees, Creator Fees, and any campaign-related costs --- are fully satisfied.

Written confirmation of closure will be provided once all obligations have been resolved.

1.6.8. Subscription Term

Subscription Model

Certain Services on the Platform require a paid subscription ("Subscription"). Subscriptions are offered on a Monthly (1 month); Quarterly (3 months) or Annual (12 months) basis unless otherwise specified in the Client's account dashboard or Campaign Brief.

If a free trial is offered, it will automatically convert to a paid Quarterly Subscription unless cancelled before the trial ends.

1.6.9. Subscription Renewal & Conversion

Subscriptions will automatically renew at the end of each billing period — Annual, Quarterly, or Monthly — unless cancelled in writing within the following notice periods:

Annual Subscriptions: cancel at least 30 days before renewal

Quarterly Subscriptions: cancel at least 7 days before renewal

Monthly Subscriptions: cancel at least 72 hours before renewal

Unless cancelled in time, the subscription will renew at the same duration and rate.

At the end of the Subscription Term, the Client may choose to:

renew the subscription for the same term and price; or

switch to a different subscription type, including an upgrade to an Annual plan with applicable discounts (where offered).

1.6.10. Subscription Termination

Either party may terminate a Subscription with 48 hours' written notice to support@thefylo.com. Termination will take effect:

Upon termination:

2. Acceptable Use and Content Guidelines**

2.1. Client Conduct

The Client must use the Platform and their Account responsibly and lawfully. In particular, the Client agrees not to:

The Client must also refrain from contacting Creators outside the Platform unless explicitly authorised to do so.

2.1. Member Content

"Member Content" refers to any content submitted, posted, or shared by the Client via the Platform. This includes:

2.2. Responsibility for Content

The Client understands and agrees that:

The Client agrees that their Member Content will not:

3. Campaign Content Standards

While Creators retain editorial control over their contributions, Clients agree to the following standards when reviewing and approving Campaign Content:

Campaign Content must:

4. Content Moderation and Platform Oversight

OÜ "Taktus Marketing" retains the right, but not the obligation, to monitor, edit, or remove any Member Content or Campaign Content that it deems, in its sole discretion, to:

However, OÜ "Taktus Marketing" does not guarantee the pre-screening or active moderation of content and assumes no liability for Member Content posted by Clients or Creators.

5. Client Review Obligations

Once a Creator submits Campaign Content for approval, the Client must review and respond within 21 calendar days. If the Client fails to respond within this timeframe, the Campaign will be considered completed, and payment to the Creator will be released.

Legal Compliance and Data Processing

5.1. Legal Compliance

The Client agrees to comply with all applicable laws, regulations, advertising standards, and industry codes relating to digital marketing, commercial communications, and sponsored content in every jurisdiction where Campaigns are published or targeted.

This includes, but is not limited to:

6. Data Processing and Privacy

Where the Client submits or uploads any Personal Data (as defined under applicable data protection laws, including the General Data Protection Regulation -- GDPR), OÜ "Taktus Marketing" will act as a data processor on behalf of the Client.

OÜ "Taktus Marketing" will:

The Client confirms that:

7. Grant of Rights and Ownership

7.1. Ownership of the Platform and Services

All content, code, data, software, graphics, images, audio, video, trademarks, trade names, service marks, logos, layout, design elements, and other intellectual property made available through the Platform (collectively, the "Content") is and remains the exclusive property of OÜ "Taktus Marketing", its affiliates, or its third-party licensors.

The Content is protected by applicable intellectual property laws, including copyright, trademark, trade secret, and database rights.

The Client may download or print portions of the Platform's Content solely for internal use related to the Services during the term of these Terms of Service.

Any other use---including but not limited to reproduction, redistribution, adaptation, publication, storage, transmission, or public display---is strictly prohibited without prior written consent from OÜ "Taktus Marketing".

Use of any Content does not grant the Client any proprietary rights, and all goodwill arising from authorised use shall inure to the benefit of OÜ "Taktus Marketing".

7.2. Licence to Use Client Materials in Campaigns

By submitting any trademarks, logos, visual assets, slogans, or other intellectual property (collectively, "Client Materials") in connection with a Campaign, the Client grants OÜ "Taktus Marketing", and where applicable, participating Creators:

This includes the right for Creators to incorporate Client Materials into promotional or branded content according to the Campaign Brief.

7.3. Ownership of Campaign Content

Unless otherwise agreed in writing (e.g., within a Campaign Brief), all rights, title, and interest in and to Campaign Content---including but not limited to photos, videos, text, and designs---remain the exclusive property of the Creator(s) who produced them.

7.4. Rights Granted to the Client (Post Payment)

Subject to full and timely payment of all applicable fees, the Client receives from OÜ "Taktus Marketing" the following rights:

This includes usage on social media accounts, websites, and owned digital channels of the Client and/or its end client(s), provided no compensation has been received for the distribution (e.g. not used as paid media unless licensed accordingly).

The Client may not use any Work Product that has not been approved as Campaign Content or that falls outside the scope of the approved usage.

7.5. Extended Rights (Optional)

If the Client wishes to use the Campaign Content for other purposes, including:

they must purchase the appropriate licence from the Creator via OÜ "Taktus Marketing". These additional licences are referred to as "Broadcasting Rights", "Offline Rights", or "Extended Rights".

Assignment of full intellectual property ownership (transfer of all rights) may be negotiated and executed as a separate agreement.

7.6. Rights to Use the Client's Brand Name and Marks

The Client grants OÜ "Taktus Marketing" a non-exclusive, royalty-free, worldwide, perpetual, and irrevocable licence to:

OÜ "Taktus Marketing", agrees that it does not acquire ownership of the Marks and that all goodwill arising from such use inures to the Client.

8. Copyright and Content Takedown Policy

OÜ "Taktus Marketing" respects intellectual property rights and expects all Clients and Creators to do the same. Unauthorised use of copyrighted material on the Platform is strictly prohibited.

If you believe that content available through the Platform infringes your copyright or other intellectual property rights, you may submit a written notification to OÜ "Taktus Marketing" requesting that the content be removed or access to it be disabled.

8.1. Takedown Requests (EU Notice & Action Framework)

Notices of alleged infringement must include the following:

Submit requests to:
OÜ Taktus Marketing
Harju maakond, Tallinn, Kesklinna linnaosa, Tornimäe tn 5, 10145
Email: support@thefylo.com

OÜ "Taktus Marketing" will review the request promptly and may remove or restrict access to the material while investigating.

8.2. Counter-Notification by the Client

If you are a Client and believe that your content was removed in error, you may submit a counter-notification. This should include:

Upon receipt of a valid counter-notice, we may restore the content unless legal proceedings are initiated by the original rights holder.

8.3. Repeat Infringers

OÜ "Taktus Marketing", reserves the right to suspend or terminate accounts of users who repeatedly post infringing content, in accordance with applicable law.

9. Fees

In exchange for access to the Platform and the provision of Services by OÜ "Taktus Marketing", the Client agrees to pay:

All fees are subject to the payment terms outlined below and/or as specified in the relevant Campaign Brief.

9.1. Subscription Fees

Subscription Fees are based on the selected plan (Monthly, Quarterly, or Annual) and are billed accordingly:

Fees will be billed automatically to the payment method registered in the Client's account, unless otherwise stated in a written agreement or Campaign Brief.

OÜ "Taktus Marketing" may amend pricing from time to time. Any such changes will be communicated in advance and apply only to future billing periods.

9.2. Creator Fees

Creator Fees are charged upon the Client's approval of a Campaign Brief. The applicable budget and pricing will be set out in the Brief and agreed to by the Client before payment.

Unless otherwise stated, Creator Fees will be charged directly to the payment method stored in the Client's account upon approval of the Campaign Brief.

9.3. Initial Payment and Agreement to Terms

The first payment becomes due:

By activating a Subscription or approving a Campaign Brief, the Client agrees to be bound by:

These Terms are hereby incorporated by reference into all current and future Campaign Briefs between the Client and OÜ "Taktus Marketing".

9.4. Changes to Fees, Payments, and Billing Terms

9.4.1. Fee Changes

OÜ "Taktus Marketing" reserves the right to update or change Subscription Fees, Creator Fees, or other applicable charges at any time. Any new pricing will be communicated to the Client in advance via email, the Platform, or within the applicable Campaign Brief.

Changes will only apply to future billing periods and will not affect amounts already invoiced or paid.

9.4.2. Disputed Charges

If the Client believes they have been incorrectly charged or invoiced, they must notify OÜ "Taktus Marketing" by email within 30 days of the charge or invoice date. The Client must clearly describe the disputed amount and reason for the dispute.

During the resolution process, the Client must continue to pay all undisputed amounts by their due dates. Both parties agree to engage in good-faith discussions to resolve the matter promptly.

9.4.3. Late Payment

The Client may not withhold, delay, or offset any payments due under these Terms.

OÜ "Taktus Marketing" reserves the right to suspend the Client's access to the Platform and/or delivery of Services if any undisputed fees remain unpaid after the due date.

Late payments will incur:

9.4.4. Taxes

All fees are exclusive of VAT and other applicable taxes, unless expressly stated otherwise.

The Client is responsible for:

OÜ "Taktus Marketing" is not responsible for taxes based on the Client's income or for any penalties arising from the Client's failure to comply with local tax laws.

9.4.5. Suspension of Services for Non-Payment

Suspension of access to the Platform or Services due to non-payment does not release the Client from its obligation to pay outstanding amounts. Services will only resume after full payment of all overdue and undisputed charges.

9.4.6. Currency and Payment Processing

All fees are listed and billed in Euros (EUR).

Payments are processed securely via Stripe, a third-party payment provider. OÜ "Taktus Marketing" is not responsible for:

9.4.7. Fee Avoidance

The Client agrees not to take any action to bypass, avoid, or circumvent:

This includes avoiding payments by engaging directly with Creators outside of the Platform in violation of these Terms.

10. Other Terms

10.1. Privacy

The Client acknowledges and agrees that any information relating to an identified or identifiable individual ("Personal Data"), or otherwise subject to applicable privacy and data protection laws, will be collected, stored, and processed by OÜ "Taktus Marketing" in accordance with its Privacy Policy, available at:

https://thefylo.com/privacy-policy

OÜ "Taktus Marketing" processes Personal Data in line with applicable laws, including the General Data Protection Regulation (EU) 2016/679 (GDPR), where applicable.

The Client is responsible for ensuring that any Personal Data it provides to OÜ "Taktus Marketing" is lawfully obtained and shared, and that any required data subject notices or consents have been provided in accordance with applicable data protection law.

10.2. Confidentiality

Both the Client and OÜ "Taktus Marketing" agree to maintain the confidentiality of all non-public information disclosed by one party to the other in connection with these Terms of Service, any Campaign Brief, or the Services ("Confidential Information").

Confidential Information includes, but is not limited to:

Confidential Information does not include information that:

  1. was already publicly available at the time of disclosure;
  2. becomes public through no fault of the receiving party;
  3. was lawfully obtained by the receiving party from a third party not bound by confidentiality; or
  4. was independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information.

10.3. Use and Disclosure Restrictions

Each party agrees:

10.4. Permitted Disclosures

Confidential Information may be disclosed without prior consent only:

These confidentiality obligations will survive the termination or expiration of these Terms of Service.

10.5. Warranties

The Client represents and warrants that:

  1. they have full authority to enter into these Terms of Service and any associated Campaign Briefs, and to grant the rights specified herein;
  2. any materials or content submitted by the Client (including brand assets or data) do not infringe the intellectual property or privacy rights of third parties;
  3. they will comply at all times with applicable laws, regulations, and standards, including those relating to:

The Client acknowledges that OÜ "Taktus Marketing" relies on the truth and accuracy of these warranties when delivering the Services.

10.6. Disclaimer

To the fullest extent permitted by applicable law, the Platform and all Services are provided by OÜ "Taktus Marketing" "as is" and "as available", without any warranties, guarantees, or representations—whether express, implied, statutory, or otherwise—including, but not limited to:

OÜ "Taktus Marketing" does not warrant that:

The Client assumes full responsibility for the use of the Platform and Services, and for any decisions made or actions taken based on them. Campaign outcomes and Creator performance are not guaranteed. Creators are independent third parties and are not employees, agents, or representatives of OÜ "Taktus Marketing.

Nothing in these Terms shall be interpreted as legal or marketing advice. The Client is solely responsible for ensuring that all use of the Platform and execution of Campaigns complies with applicable local, national, or international laws, including consumer protection, advertising disclosure, and data protection regulations.

To the extent permitted by law, OÜ "Taktus Marketing" shall not be liable for any:

Certain jurisdictions may not allow the exclusion of certain warranties or limitations of liability. In such cases, some of the above disclaimers may not apply to you, but will apply to the maximum extent permitted by applicable law.

11. Miscellaneous

11.1. Definitions and Capitalised Terms

Unless otherwise defined in these Terms of Service, capitalised terms shall have the meanings given in the applicable Campaign Brief or relevant section of the Platform.

11.2. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Estonia, without regard to its conflict of law principles.

The parties agree to submit to the exclusive jurisdiction of the courts of Estonia, with proceedings to be conducted in Estonian or English, as applicable.

11.3. Notices

All formal notices under these Terms must be sent in writing:

Notices related to changes in these Terms, updates to Services, or general communications may also be made through:

11.4. Changes to the Terms of Service

OÜ "Taktus Marketing" may modify these Terms of Service and/or discontinue features of the Platform or Services at any time. If changes are made, an updated version of the Terms will be published on the Platform, along with a revision date.

The Client is responsible for reviewing the Terms periodically. Continued use of the Platform following such updates constitutes acceptance of the modified Terms.

If the Client does not agree to the amended Terms, they must stop using the Platform and cancel any active subscription prior to the changes taking effect.

11.5. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations due to circumstances beyond their reasonable control, including but not limited to:

Obligations shall be suspended for the duration of the force majeure event, and resumed once performance becomes possible again.

11.6. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or in connection with these Terms or the Services, the parties agree to first attempt to resolve the matter amicably through good-faith negotiations.

If the dispute cannot be resolved within 30 days, either party may bring the matter before the competent court in accordance with the Governing Law and Jurisdiction clause above.

11.7. Subcontracting

OÜ "Taktus Marketing" may engage subcontractors or third-party service providers (including cloud infrastructure, analytics, or payment processors like Stripe) to perform parts of the Services. OÜ "Taktus Marketing" remains fully responsible for the performance of subcontracted obligations

11.8. Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, franchise, or employment relationship between the Client and OÜ "Taktus Marketing". Each party acts solely as an independent contractor.

11.9. Entire Agreement

These Terms of Service, along with any relevant Campaign Briefs and the Privacy Policy, constitute the entire agreement between the Client and OÜ "Taktus Marketing" and supersede all prior or contemporaneous agreements, proposals, and communications, whether written or oral.

No other terms---such as those appearing in purchase orders, emails, or other documents---shall apply unless expressly agreed in writing by both parties.

11.10. Contact & Company Information

If you have any questions, concerns, or legal inquiries regarding these Terms of Service, please contact:

OÜ "Taktus Marketing"
Legal Department / Terms of Service
Harju maakond, Tallinn,
Kesklinna linnaosa, Tornimäe tn 5, 10145
Estonia

Email: support@thefylo.com
Website: https://thefylo.com/

Terms of Service for Creators

Created: September 18, 2025

This is a legally binding agreement between you and OÜ "Taktus Marketing" (Reg. 17030643) ("we", "us", or "our"). By creating an account, clicking to accept these Terms, visiting our website www.thefylo.com ("Website"), downloading or using our mobile application(s) ("App"), or accessing any services through our platform (collectively, the "Platform"), you acknowledge that:

These Terms apply exclusively to Creators who use the Platform to collaborate on paid campaigns. If you are a Client (i.e., brand, agency, or advertiser), these Terms do not apply to you. Please refer to our Terms of Service for Clients instead.

12. Platform

12.1. Services

OÜ "Taktus Marketing" provides a proprietary digital platform (the "Platform") and campaign management services (the "Services") to enable content creators, influencers, and social media personalities (collectively, "Creators") to connect and collaborate with brands, advertisers, and marketing agencies ("Clients") in the production of branded or sponsored content for marketing campaigns ("Campaigns").

12.2.Collaboration on Campaigns

Creators may use the Platform to:

If a Client expresses interest, the Creator may receive a Campaign Brief via the Platform or by email, which may outline project details including deliverables, timelines, content style, creative direction, posting requirements, and applicable fees.

Upon accepting a Campaign, OÜ "Taktus Marketing" will notify the Client via the Platform. All communication related to Campaigns must occur within the Platform.

12.3. Work Product

Content created by the Creator for an accepted Campaign is referred to as "Work Product". Each Client has the right to:

Only approved Work Product may be published by the Creator as "Campaign Content" on social media channels, in accordance with the Campaign Brief.

Failure to meet revision requirements or submit content as agreed may result in delayed or withheld payments, and possible termination of the Campaign.

12.4. Campaign Execution & Product Responsibility

OÜ "Taktus Marketing" supports the launch and execution of each Campaign, including:

If a product is shipped by the Client to the Creator as part of the Campaign:

All product-related disputes are subject to final assessment by OÜ "Taktus Marketing".

12.5. Access and Use

Subject to compliance with these Terms (including any usage policies and conduct codes), OÜ "Taktus Marketing" grants the Creator a limited, non-exclusive, revocable right to access and use the Platform for their professional services.

OÜ "Taktus Marketing" may suspend or limit Platform access:

12.5. Technical Support

OÜ "Taktus Marketing" will provide reasonable support to Creators, including:

Support hours are Monday to Friday, 09:00--17:00 (Tallinn time / EET or EEST). Responses will be provided within a reasonable timeframe, typically within 24 hours.

12.6. Availability & Maintenance

OÜ "Taktus Marketing" aims to maintain 99% monthly Platform availability, excluding:

13. Account and Platform Access

13.1 Eligibility

To use the Platform, the Creator must:

If the Creator is acting on behalf of a company, organisation, or other legal entity, they confirm that they are authorised to bind such entity to these Terms of Service.

Use of the Platform is strictly prohibited where such use would violate local laws or regulations.

13.2 Account Term

These Terms enter into effect on the date the Creator registers for an account (the "Effective Date") and remain in force until the account is closed by either party, subject to the conditions below.

13.3 Account Registration and Information

Upon registering for a Platform account (the "Account"), the Creator may be required to connect one or more third-party social media accounts (e.g. Instagram, TikTok).

By linking such accounts, the Creator authorises OÜ "Taktus Marketing" to access the following "Social Media Information":

This information may be visible to Clients and other Platform users, in accordance with the Creator's privacy and visibility settings.

The Creator agrees to:

13.4 Account Confidentiality and Security

The Creator is solely responsible for:

OÜ "Taktus Marketing" strongly recommends that the Creator uses a strong password and does not share their credentials with others. If unauthorised access or a security breach is suspected, the Creator must notify OÜ "Taktus Marketing" immediately via support@thefylo.com or the in-platform support chat.

13.5 Suspension and Termination by OÜ "Taktus Marketing"

OÜ "Taktus Marketing" may suspend, restrict, or permanently terminate the Creator's Account, and remove any associated content, if:

Access to ongoing Campaigns may also be suspended as part of this action.

13.6 Account Closure by Creator

The Creator may request to close their Account at any time after fulfilling all ongoing obligations, including:

Closure requests must be submitted via:

The closure becomes effective once OÜ "Taktus Marketing" provides written confirmation.

14. Creator Conduct and Platform Use

14.1 Acceptable Use and Conduct

Creators must use the Platform responsibly, professionally, and in compliance with applicable laws. Any misuse may result in suspension or permanent removal from the Platform.

Creators shall not:

Creators are expected to behave respectfully and professionally when collaborating with Clients and engaging with OÜ "Taktus Marketing" support.

14.2 Creator Content Responsibilities

14.2.1. Definition of Creator Content

"Creator Content" refers to all content submitted, uploaded, published, or made available by the Creator through the Platform, including:

14.2.2. Responsibility for Creator Content

The Creator:

Creator Content must not:

The Creator must also:

14.2.3. Standards for Campaign Content

When producing or posting Campaign Content, the Creator must adhere to the following professional standards:

14.2.4. Platform Moderation

OÜ "Taktus Marketing" reserves the right, at its sole discretion, to:

OÜ "Taktus Marketing" is not obliged to pre-screen any content. The Platform may contain content that is inaccurate, offensive, or otherwise objectionable. Use of the Platform is at the Creator's own risk.

15. Legal Compliance and Disclosure Obligations

As a Creator, you are required to comply with all applicable laws and advertising standards when publishing sponsored content, including disclosure of any material connection between you and a Client.

15.1. Transparency in Sponsored Content

You must clearly and visibly disclose:

Such disclosures must be easily understandable, appropriately placed, and made in the same language as the content, using clear terms such as:

depending on the platform's features and local legal requirements.

15.2. Compliance with Local Laws and Industry Standards

You are responsible for complying with all relevant:

Examples include but are not limited to:

15.3. No Legal Advice Provided

This section is intended for general guidance only and does not constitute legal advice. You are solely responsible for consulting with legal professionals and ensuring that your Campaign Content complies with the laws and advertising requirements in each jurisdiction where it is published.

16. Grant of Rights and Ownership

16.1. Ownership of Platform

Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names, logos, trade dress, patents, copyrighted or copyrightable materials and other information (collectively, the "Content") contained in or made available through the Platform and Services are proprietary to OÜ "Taktus Marketing", its affiliates and/or third-party licensors. The Content is protected by international copyright and trademark laws and is the confidential information of OÜ "Taktus Marketing".

Creator may download, print and reproduce the Content solely for purposes related to the receipt of Services during the term of these Terms of Service. Any other use of the Content in whole or in part, including but not limited to adapting, displaying, distributing, publishing, storing in a retrieval system, transmitting, converting, copying or issuing copies, lending or reproducing the Content in any other form or by any other means whatsoever, whether electronic or otherwise, including making it available via the internet or wireless technology, or authorising any of the foregoing, without prior written consent from OÜ "Taktus Marketing", is strictly prohibited. To obtain written consent, contact support@thefylo.com.

Creator agrees that any authorised use of the Content and all goodwill associated with such use will inure to the benefit of OÜ "Taktus Marketing". Nothing in these Terms transfers ownership or creates any rights in the Content other than as expressly stated.

16.2. Ownership of Campaign Content

All rights, title and interest, including intellectual property rights, in any Campaign Content---including but not limited to photographs, images, videos, audio, written content, artwork, or any original creation---remain the exclusive property of the Creator, unless otherwise stated in the applicable Campaign Brief.

16.3. Licence to Campaign Content

Subject to full performance of obligations under these Terms and any applicable Campaign Brief, the Creator grants OÜ "Taktus Marketing" a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable licence to use, adapt, publish, store, display, reproduce, and distribute the Campaign Content:

This licence includes the right to create derivative works from the Campaign Content and to use the materials across all media formats, channels, and technologies. The Creator hereby waives, to the fullest extent permitted by law, any moral rights in such content.

16.4. Client Licensing via OÜ "Taktus Marketing"

Upon full payment and subject to the rights selected in the Campaign Brief, OÜ "Taktus Marketing" will sublicense to the Client the following, as applicable:

16.5. Digital Rights

Non-exclusive, perpetual, royalty-free licence to use Campaign Content on digital channels owned or controlled by the Client (excluding paid advertisements unless specifically licensed).

16.6. Broadcasting Rights

Optional rights for use on television or streaming platforms, available upon purchase through the Campaign Brief.

16.7. Offline Rights

Optional rights for use in printed, point-of-sale, or non-digital campaigns, available for purchase through the Campaign Brief.

16.8. Extended Rights

Full rights assignment or additional uses outside the Digital/Broadcast/Offline scope, available subject to Creator consent and additional licensing terms.

Unless expressly granted, the Client has no right to use the Campaign Content for any other purpose.

16.9. Amplification and Use by OÜ "Taktus Marketing"

The Creator further grants OÜ "Taktus Marketing" and its affiliates the right, but not the obligation, to publish, distribute, amplify, or otherwise promote the Campaign Content across any platform for the purpose of supporting its business operations, marketing activities, and Platform promotion. This includes showcasing the Creator's work in portfolios, case studies, or other sales and marketing materials. Edits may be made at OÜ "Taktus Marketing" 's sole discretion.

16.10. Use of Creator Identity

The Creator grants OÜ "Taktus Marketing" a non-exclusive, royalty-free, perpetual, and irrevocable right to use and reference the Creator's name, handle, likeness, or business name in connection with the promotion and operation of the Platform and Services. All such use shall be in good faith and shall not imply endorsement beyond the agreed scope. All goodwill derived from such use shall inure to the Creator.

17. Privacy, Confidentiality & Warranties

17.1. Privacy

Creator understands that information about an identifiable individual or information that is subject to applicable privacy or data protection laws ("Personal Information") will be treated in accordance with OÜ "Taktus Marketing"'s Privacy Policy, available on its official website.

Creator acknowledges and agrees that OÜ "Taktus Marketing" may collect, process, and use Personal Information solely for the purposes of delivering Services, facilitating Campaigns, and complying with legal obligations, in line with applicable privacy and data protection legislation.

17.2. Confidentiality

Creator agrees to maintain the confidentiality of all confidential information disclosed or made accessible in connection with any Campaign, communication, or interaction with OÜ "Taktus Marketing" or a Client ("Confidential Information"). Such information includes but is not limited to:

Creator shall not disclose, use, or share Confidential Information with any third party, except as required to fulfil Campaign obligations and only with prior written consent from OÜ "Taktus Marketing". Reasonable precautions must be taken to prevent unauthorised access, disclosure, or misuse.

Upon request by OÜ "Taktus Marketing", or upon termination of a Campaign, Creator shall immediately return or destroy all materials containing or derived from Confidential Information, including Campaign Content and Work Product, whether digital or physical.

17.3. Warranties

The Creator represents and warrants that:

The Creator remains solely responsible for ensuring legal compliance in all jurisdictions where they operate or publish content.

17.4. Disclaimer

The information contained in these Terms of Service, including all related policies, guidelines, and documentation provided by OÜ "Taktus Marketing", is for general informational purposes only and does not constitute legal, financial, or professional advice. By using the Platform and Services, Clients and Creators acknowledge and agree that they are solely responsible for obtaining their own independent legal or professional counsel to ensure their compliance with all applicable laws, regulations, and contractual obligations.

OÜ "Taktus Marketing" makes no warranties or representations regarding the completeness, accuracy, reliability, suitability, or availability of the Platform or the Services for any particular purpose. All Services are provided "as is" and "as available," without any express or implied warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

OÜ "Taktus Marketing" does not guarantee the outcome of any Campaign, the behaviour or performance of any Creator or Client, or the accuracy of any content published on the Platform. All content, including Campaign Content and Work Product, is the responsibility of the respective Client or Creator who provides or publishes it.

To the fullest extent permitted by applicable law, OÜ "Taktus Marketing" shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to the use or inability to use the Platform or Services, even if advised of the possibility of such damages.

Nothing in these Terms of Service shall limit or exclude liability where such limitation or exclusion is not permitted by law, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

By using the Platform, all users expressly acknowledge and accept this disclaimer in full. If you do not agree with any part of this disclaimer or the Terms of Service, you must immediately discontinue use of the Platform and Services.

For all legal or compliance inquiries, please contact support@thefylo.com.

17.5. Limitation of Liabilities

The laws of certain jurisdictions do not allow specific exclusions or limitations of liability or damages. If such laws apply to the Creator, some or all of the following exclusions or limitations may not apply, and additional rights may be available.

To the maximum extent permitted under applicable law:

This limitation applies regardless of the nature of the claim---whether based on contract, tort (including negligence), strict liability, product liability, or otherwise---even if OÜ "Taktus Marketing" has been advised of the possibility of such damages.

Indemnity

Creator agrees to indemnify, defend, and hold harmless OÜ "Taktus Marketing", its affiliates, officers, employees, and agents from and against any and all losses, liabilities, expenses, damages, claims, fines, penalties, and costs (including reasonable legal and accounting fees) arising out of or relating to:

At OÜ "Taktus Marketing"'s option, Creator will assume the defense of any claim subject to this indemnity. However:

No person or entity is entitled to any form of implied or equitable indemnification under these Terms of Service except as explicitly provided herein.

18. Termination

Account Closure
To close the Creator's account, the Creator must provide written notice to OÜ "Taktus Marketing" via support@thefylo.com or native Platform chat messenger. Account closure will take effect after 30 days' notice, subject to written confirmation from OÜ "Taktus Marketing", and provided that all of the following conditions have been met:

After account closure, the Creator will no longer have access to any information stored within their account. Provisions of these Terms of Service that are intended to survive termination (including confidentiality, IP ownership, indemnity, and limitations of liability) shall continue to apply.

19. Fees

19.1. Payment for Services

In consideration for the Work Product and Campaign Content delivered by the Creator and approved by the Client, OÜ "Taktus Marketing" shall pay the agreed Creator Fees, as set forth in the applicable Campaign Brief. Payments are issued proportionally, based on the approved and published Campaign Content.

19.2. Additional Payments

If a Client wishes to offer extra payment beyond the agreed Creator Fees, this is considered a separate arrangement between the Client and the Creator. OÜ "Taktus Marketing" is not responsible for managing, enforcing, or guaranteeing any such additional payments.

19.3. Changes to Creator Fees

Any request to adjust agreed Creator Fees must be made in writing and accepted by both parties. No change is valid unless confirmed in writing by OÜ "Taktus Marketing" and the Creator.

19.4. Payment Timelines

Creator Fees will be paid by OÜ "Taktus Marketing" as follows:

19.5. Payment Disputes

If the Creator believes that a payment was made incorrectly, they must notify OÜ "Taktus Marketing" within 30 calendar days of receiving the payment. The parties shall engage in good-faith efforts to resolve any discrepancies. If the Creator provided incorrect payment information, they bear full responsibility for correcting the issue.

19.6. Taxes

19.7. Currency & Fees

19.8. Platform Commission & Processing Fees

OÜ "Taktus Marketing" may deduct a commission or service fee from the Creator Fee before transferring funds. The Creator will be notified of any applicable deductions in advance or as outlined in the Platform terms.

19.9. Suspension of Services

Any temporary or permanent suspension of Services under these Terms does not affect OÜ "Taktus Marketing"'s obligation to pay for completed and approved Campaign Content, nor does it relieve the Creator of their obligations.

19.10. Exclusivity

19.11. Educational Resources

If the Creator has purchased educational or professional development materials via the Platform, OÜ "Taktus Marketing" may deduct these costs from any pending Creator Fees, with prior notice.

19.12. Communications and Records

Creator agrees to conduct all communications relating to a Campaign within the Platform, including but not limited to agreements, instructions, content discussions, and approvals. Where communications take place outside the Platform (such as by phone or email), Creator must upload or transcribe the relevant communication to the Platform in a timely manner to ensure that a complete and accurate electronic record of the Campaign is maintained.

Creator further agrees to retain accurate records relating to each Campaign for a minimum period of two (2) years from the date of completion of the Campaign. Upon request, such records and documentation shall be provided to OÜ "Taktus Marketing" within ten (10) days.

Creator is solely responsible for retaining copies of any records required by applicable legislation, including but not limited to those relating to tax, regulatory, or commercial obligations. The Platform is not intended to provide long-term archiving. Upon termination of the Creator's Account, OÜ "Taktus Marketing" may delete Creator content stored on the Platform. However, OÜ "Taktus Marketing" will not intentionally delete compliant Creator content prior to such termination.

19.13. Linking

The Platform may include links to external websites or online resources operated by third parties. These third-party websites are not under the control of OÜ "Taktus Marketing", and OÜ "Taktus Marketing" is not responsible for the content, availability, accuracy, or policies of such websites.

Inclusion of any such link does not imply endorsement, sponsorship, affiliation, or association by OÜ "Taktus Marketing" with the operators of those websites or any content, products, or services offered through them. Access to such websites is at Creator's own risk, and Creator is encouraged to review the applicable terms of use and privacy policies governing those websites before use.

OÜ "Taktus Marketing" makes no representations or warranties, express or implied, regarding any third-party websites linked from the Platform, including but not limited to their legality, reliability, or accuracy.

20. Miscellaneous

20.1. Definitions and Capitalized Terms

All capitalized terms not otherwise defined in these Terms of Service shall have the meanings ascribed to them in the applicable Campaign Brief. If there is any conflict between a term used in the Brief and these Terms, the Brief shall prevail solely for that specific Campaign.

20.2. Governing Law

These Terms of Service, and any disputes or claims arising out of or in connection with them (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of laws rules.

The courts of Tallinn, Estonia shall have exclusive jurisdiction to resolve any such disputes.

20.3. Notice

Notices to the Creator may be delivered:

Creator is responsible for keeping all contact and account information up to date to ensure proper delivery of any such notices.

20.4. Changes to Terms of Service

OÜ "Taktus Marketing" reserves the right to change these Terms of Service at any time, at its sole discretion. In case of material changes, notice may be provided through:

Creator's continued use of the Platform or Services after such notice constitutes acceptance of the revised Terms. If the revised Terms are not acceptable, Creator must stop using the Services immediately.

20.5. Force Majeure

Neither party shall be held liable for failure to perform its obligations if such failure results from events beyond its reasonable control, including:

Each party must use reasonable efforts to mitigate the impact and resume performance promptly.

20.6. Dispute Resolution

Before initiating legal action, both parties agree to attempt to resolve disputes through informal negotiation for at least 30 days following written notice.

If unresolved:

This section survives termination of the Agreement. Class actions and group arbitration are not permitted --- each party agrees to resolve disputes solely in their individual capacity.

20.7. Subcontracting

OÜ "Taktus Marketing" may engage vetted subcontractors or third parties to provide the Platform and Services, provided that OÜ "Taktus Marketing" remains responsible for their performance.

20.8. Relationship with Company

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship. Creator and OÜ "Taktus Marketing" remain independent contractors.

20.9. Entire Agreement

These Terms of Service, together with any applicable Campaign Briefs, constitute the entire agreement between the Creator and OÜ "Taktus Marketing" and supersede any prior communications or understandings.

Any changes to this Agreement must be made in writing and agreed to by both parties.

20.10. Disputes

If Creator and OÜ "Taktus Marketing" do not reach an agreed-upon resolution to a Dispute within 30 days of initiating informal negotiations, the Dispute shall be submitted to a single arbitrator in a final and binding arbitration procedure, administered in accordance with the rules applicable in Estonia.

If the parties do not agree on an arbitrator within 14 days, either party may request the competent arbitration institution in Estonia to appoint one. The arbitration will take place in Tallinn, Estonia, unless otherwise agreed. The costs and expenses of the arbitrator shall be shared equally between Creator and OÜ "Taktus Marketing".

All aspects of the arbitration, including the existence of the arbitration itself, proceedings, materials, and the arbitral award, shall be treated as strictly confidential and shall not be disclosed to any third party except as required by law or as necessary to enforce an award.

Creator and OÜ "Taktus Marketing" agree to resolve all disputes on an individual basis and waive any right to participate in a class action, group litigation, or collective arbitration. If such a waiver is deemed unenforceable by a competent authority, the agreement to arbitrate shall be deemed void in its entirety.

Notwithstanding the above, either party may initiate proceedings in a small claims court within Estonia where the claim falls within the court's jurisdiction.

20.11. Subcontracting

OÜ "Taktus Marketing" may engage third parties to support the delivery of the Platform and Services. OÜ "Taktus Marketing" remains responsible for the acts and omissions of such subcontractors in the performance of its obligations.

20.12. Relationship with OÜ "Taktus Marketing"

Nothing in these Terms of Service creates any agency, partnership, joint venture, employment, fiduciary or franchise relationship between the parties. Creator and OÜ "Taktus Marketing" act solely as independent contrac

20.13. Entire Agreement

These Terms of Service, together with any applicable Campaign Brief, represent the entire agreement between Creator and OÜ "Taktus Marketing" and supersede any prior discussions, understandings, or agreements (oral or written).

Any modification to these Terms must be in writing and agreed by both parties.

21. Contact & Company Information

If you have any questions, concerns, or legal inquiries regarding these Terms of Service, please contact:

OÜ "Taktus Marketing"
Legal Department / Terms of Service
Harju maakond, Tallinn,
Kesklinna linnaosa, Tornimäe tn 5, 10145
Estonia

Email: support@thefylo.com
Website: https://thefylo.com/