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:

• You are acting in a commercial capacity as a Creator, and
• You have the legal authority to enter into this agreement on your own behalf (or on behalf of a business entity, if applicable), and
• You have read, understood, and agree to be legally bound by these Terms of Service ("Terms").

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.

2. Platform

2.1 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").

2.2 Collaboration on Campaigns

Creators may use the Platform to:

• create and manage a profile with information about their services, social media accounts, audience demographics, and content preferences;
• define pricing and conditions for their services ("Creator Fees");
• receive and accept invitations to participate in Campaigns.

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.

2.3 Work Product

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

• review the Work Product prior to publication,
• request up to three (3) revision rounds included in the Creator Fees,
• request additional revisions for an additional fee (subject to agreement).

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.

2.4 Campaign Execution & Product Responsibility

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

• coordinating communication between the Creator and Client through a dedicated account manager,
• facilitating timely publication of Campaign Content on the relevant social media channels.

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

• the Creator is responsible for receiving, safeguarding, and using the product as outlined,
• failure to deliver agreed Campaign Content may result in the Creator being invoiced for the product's value or required to return it,
• refusal or failure to comply may affect the Creator's future eligibility on the Platform.

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

2.5 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:

• for maintenance, legal compliance, or technical upgrades,
• due to breach of these Terms, or
• for any other reason reasonably required to protect users, Clients, or the Platform itself.

2.6 Technical Support

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

• by email at [Email],
• via in-app messaging on the Platform,

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.

2.7 Availability & Maintenance

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

• scheduled maintenance (with at least 48 hours' notice where feasible),
• force majeure events or network disruptions beyond its control.

3. Account and Platform Access

3.1 Eligibility

To use the Platform, the Creator must:

• be over the legal age of majority in their country of residence;
• have the legal capacity to enter into binding contracts; and
• comply with all applicable laws in their jurisdiction.

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.

3.2 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.

3.3 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":

• name, profile picture, and bio
• number of followers and engagement statistics
• public posts or content
• any other data permitted under the third-party platform's API or settings

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:

• provide accurate and up-to-date account information;
• promptly update any outdated details; and
• ensure all linked content is lawful and non-infringing.

3.4 Account Confidentiality and Security

The Creator is solely responsible for:

• maintaining the confidentiality of login credentials (username and password); and
• all activity under their Account.

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 [Email] or the in-platform support chat.

3.5 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:

• the Creator breaches these Terms or any applicable law;
• the Creator misuses the Platform or provides fraudulent content;
• required by legal or regulatory authorities; or
• at its sole discretion, with or without prior notice.

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

3.6 Account Closure by Creator

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

• submitting any pending Campaign Content,
• ensuring no fees or payments are outstanding, and
• complying with Platform requirements for campaign wrap-up.

Closure requests must be submitted via:

• email: support@thefylo.com

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

4. Creator Conduct and Platform Use

4.1 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:

• sublicense, rent, sell, lend, lease, distribute, or otherwise make the Platform or its features available to third parties;

• use the Platform for commercial exploitation outside the scope of these Terms;

• use the Platform to reverse-engineer, copy, decompile, or replicate competing services;

• threaten, interfere with, or compromise the security, stability, or performance of the Platform or Services;

• access or collect any data or information unlawfully or without consent;

• upload or transmit any content containing malware, viruses, worms, trojans, or other malicious code;

• perform security testing (e.g. penetration or vulnerability scanning) without written permission;

• post, share, or transmit any content that is:

  • unlawful, defamatory, obscene, harassing, abusive, hateful, or discriminatory;
  • sexually explicit or offensive;
  • in violation of any intellectual property rights or applicable laws;

• impersonate any individual or misrepresent affiliation with any person or organisation;

• engage in spam, phishing, or unsolicited advertising;

• use the Platform in any manner that could damage the reputation or goodwill of OÜ "Taktus Marketing" or its Clients;

• collect, harvest, or track personal information from other users without explicit consent;

• communicate with Clients outside the Platform regarding Campaigns, unless explicitly authorised by OÜ "Taktus Marketing".

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

5. Creator Content Responsibilities

5.1 Definition of Creator Content

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

• all Work Product developed for a Campaign (whether published or not);
• all Campaign Content that has been approved and posted;
• any public profile data or other content made accessible via the Creator's account.

5.2 Responsibility for Creator Content

The Creator:

• is solely responsible for all Creator Content shared or submitted via the Platform;
• confirms that they own or have obtained all necessary rights and permissions to use such content;
• agrees that any submitted content may be publicly viewable and is not considered confidential.

Creator Content must not:

• infringe or violate any copyright, trademark, privacy, publicity, or other rights of any third party;
• breach applicable laws, regulations, or advertising standards;
• contain unlawful, misleading, defamatory, obscene, or discriminatory material;
• disparage Clients, their products, services, or competitors;
• include content from or promote any competing brands during a Campaign unless otherwise agreed in writing.

The Creator must also:

• obtain explicit consent from all individuals appearing in any photo, video, or audio Work Product, where required by law;
• not delegate content creation to third parties or subcontract Campaign responsibilities;
• not delete any published Campaign Content for at least 30 days after posting, unless otherwise instructed by OÜ "Taktus Marketing" or specified in the Campaign Brief.

5.3 Standards for Campaign Content

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

• comply with applicable advertising and consumer protection laws (including local influencer guidelines);
• clearly disclose any paid or sponsored relationships using appropriate hashtags or labels (e.g., #ad or "paid partnership");
• ensure all content is accurate, honest, and not misleading;
• avoid explicit political messaging, hate speech, or unlawful conduct;
• avoid referencing or featuring any competitor of the Client without written approval.

5.4 Platform Moderation

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

• remove, hide, or edit any Creator Content that is deemed to violate these Terms, applicable laws, or platform guidelines;
• remove or disable content that is reported as infringing or inappropriate;
• terminate or restrict access to the Platform if the Creator breaches these content obligations.

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.

6. 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.

6.1 Transparency in Sponsored Content

You must clearly and visibly disclose:

• when content is paid for or otherwise compensated (e.g., through payment, free products, discounts, travel, meals, or other incentives);
• any other material connection or affiliation you have with a Client (e.g., collaboration, equity interest, or close relationship).

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

• "Sponsored"
• "Advertisement"
• "Paid Partnership"
• Hashtags like #ad, #sponsored, or #partnered

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

6.2 Compliance with Local Laws and Industry Standards

You are responsible for complying with all relevant:

• national advertising and marketing laws;
• social media platform policies and community guidelines;
• industry codes of conduct (where applicable);
• data protection and consumer protection laws.

Examples include but are not limited to:

• ASA/CAP Code (UK)
• DGCCRF Guidelines (France)
• AGCM Guidelines (Italy)
• German Media Authorities (DLM)
• Advertising Code (Netherlands)
• and any other laws or regulatory guidance applicable in your country of residence or operation.

6.3 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.

7. Grant of Rights and Ownership

7.1 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.

7.2 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.

7.3 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:

• to Clients in accordance with the purchased rights (see Section 7.4 below),
• for marketing and promotional purposes by OÜ "Taktus Marketing", including portfolio use, promotional materials, and case studies,
• for the operation, improvement, and lawful enforcement of the Platform and Services.

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.

7.4 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:

7.4.1 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).

7.4.2 Broadcasting Rights

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

7.4.3 Offline Rights

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

7.4.4 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.

7.5 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.

7.6 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.

8. Privacy, Confidentiality & Warranties

8.1 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.

8.2 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:

• business and marketing plans,
• product and technical information,
• campaign strategies and designs,
• pricing, customer data, or performance metrics,
• any material marked or communicated as confidential,
• and any non-public business or operational data that the Creator becomes aware of.

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.

8.3 Warranties

The Creator represents and warrants that:

• They have the legal authority and capacity to enter into these Terms of Service and perform their obligations under them;
• They have obtained all necessary rights, consents, and permissions to provide and license any Campaign Content or Work Product;
• All materials submitted do not infringe upon any intellectual property, privacy, publicity, or other rights of third parties;
• They will comply with all applicable laws, regulations, advertising and consumer protection standards, and platform policies in the performance of their obligations.

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

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.

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:

• The total cumulative liability of OÜ "Taktus Marketing", its affiliates, officers, employees, agents, and licensors, and the Creator's exclusive remedy for any claim arising out of or relating to the Platform or the Services, will be limited to the total amount of fees paid to the Creator via the Platform, if any, in the six (6) months preceding the event giving rise to the claim.

• In no event shall OÜ "Taktus Marketing", its affiliates, or any of their respective officers, employees, agents, or licensors be liable for any indirect, incidental, special, punitive, or consequential damages---including but not limited to loss of profits, revenue, business, goodwill, or data---arising from or related to:

  • the use or inability to use the Platform;
  • a completed or non-completed Campaign;
  • errors or omissions in Campaign Content;
  • misrepresentations or conduct by another Member (Client or Creator);
  • or any interaction or transaction between Members.

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:

• Creator's use of the Platform and Services.
• Any representation or misrepresentation made by Creator in any content submitted, posted, transmitted, or otherwise made available through the Platform.
• Creator's completion or failure to complete any Campaign.
• Any tax liabilities or consequences relating to payments received via the Platform.
• Any disputes concerning payments, deliverables, or collaborations initiated via the Platform.
• Any actual or alleged violation of applicable laws, including intellectual property, advertising, or data protection laws.
• Any breach of these Terms of Service or the Platform Rules by Creator.
• Any act or omission constituting negligence or willful misconduct by Creator.

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

• OÜ "Taktus Marketing" may participate in the defense or settlement negotiations and bear its own legal costs.
• Creator may not settle or resolve any claim without OÜ "Taktus Marketing" 's prior written approval unless the settlement includes a full and unconditional release of OÜ "Taktus Marketing" from all liability.

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

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:

• All Campaigns associated with the account have been completed to satisfaction;
• Any disputes involving the Creator have been resolved;
• All outstanding payments owed by the Creator have been settled;
• No outstanding funds remain on the account; and
• The Creator has fulfilled all other obligations related to their use of the Platform and Services.

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.

Fees

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.

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.

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.

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

• To a verified digital wallet or payment provider (e.g., PayPal, Wise): within 3 business days after receipt of a valid payment request.
• To a European bank account: within 5 business days, subject to the Creator providing accurate account details and any legally required invoicing or documentation.

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.

Taxes

• All Creator Fees are exclusive of VAT or other applicable taxes, unless otherwise indicated.
• The Creator is solely responsible for determining their tax obligations in their jurisdiction, including invoicing, collection, reporting, and remittance of any taxes, levies, or charges due.
• Where legally required, the Creator must provide OÜ "Taktus Marketing" with valid tax information (e.g., VAT ID or invoicing details) before payments can be processed.

Currency & Fees

• All Platform transactions are denominated in Euros (EUR) by default, unless otherwise specified.
• OÜ "Taktus Marketing" is not liable for currency exchange fluctuations, intermediary bank fees, or transaction costs incurred by the Creator or their payment processor.

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.

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.

Exclusivity

• For 12 months following their first engagement with a Client on the Platform, the Creator agrees not to bypass the Platform to work with that Client directly or via other channels, unless explicitly permitted in writing by OÜ "Taktus Marketing".
• All licensing or amplification of Campaign Content must be conducted exclusively via OÜ "Taktus Marketing", both during and after the term of this agreement.

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.

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.

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.

9. Miscellaneous

9.1 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.

9.2 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.

9.3 Notice

Notices to the Creator may be delivered:

• by OÜ "Taktus Marketing" via support@thefylo.com or through Platform notifications, or
• by posting changes on the Platform where applicable.

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

9.4 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:

• posting the updated Terms of Service on the Platform,
• notifying Creators via Platform messages or support@thefylo.com.

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.

9.5 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:

• natural disasters,
• fire, flood, or storms,
• war, terrorism, or civil unrest,
• strikes or labor disruptions,
• governmental orders or embargoes,
• power outages or internet failures,
• cyberattacks.

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

9.6 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:

• Disputes shall be exclusively submitted to the courts of Tallinn, Estonia.
• Proceedings shall be conducted in Estonian or English, as mutually agreed.

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.

9.7 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.

9.8 Relationship with Company

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

9.9 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.

9.10 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.

9.11 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.

9.12 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

9.9 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.

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/