Terms of Service

Tiksplode is owned and operated by Wide Swing LLC ("Tiksplode", "we", "us", "our"). These Terms of Service ("Terms") are a binding legal agreement between you and Wide Swing LLC. By creating an account, accessing, or using Tiksplode in any way, you accept and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use Tiksplode. You represent that you are at least 18 years old and have the authority to enter into these Terms, including on behalf of any entity you represent.

We reserve the right, at our sole discretion, to change, modify, add to, or remove any part of these Terms at any time and for any reason, with or without notice to you. Changes are effective immediately upon posting the revised Terms, and your continued access or use of Tiksplode after posting constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically. We are under no obligation to notify you of any change.

Tiksplode is a marketplace that coordinates the sourcing and production of short-form videos. Customers submit an app or product link and place orders. Independent scouts identify reference videos, and independent creators produce new videos. We facilitate and review this work. We may add, change, suspend, or discontinue any part of the service, including any feature, price, or offering, at any time and without liability to you.

You must provide accurate and complete information and keep it current. You are solely responsible for all activity under your account and for keeping your credentials secure. We may refuse, suspend, restrict, or terminate any account at any time, for any reason or no reason, at our sole discretion and without liability or refund.

Prices are shown before you pay and are locked onto your order at checkout. Payment is collected at order time through our third-party payment processor. You authorize us and our processor to charge your selected payment method for the full amount of your order plus any applicable taxes and fees. We may refuse, cancel, or decline to fulfill any order at any time and for any reason.

You acknowledge that payment processing is handled by third parties and is not guaranteed, and that we are not responsible for any failure, delay, error, or interruption in payment processing.

To the fullest extent permitted by law, we do not guarantee that any order will be fulfilled, delivered, completed within any timeframe, or delivered at all. We do not guarantee that any video will perform, gain views, convert, go viral, or achieve any result. All timelines are estimates only. Delivery and continued availability of the service are never guaranteed, and delay in or failure of delivery does not entitle you to any remedy except as expressly stated in Section 8.

All videos, footage, edits, drafts, deliverables, and other content produced, sourced, or made available through Tiksplode, together with all intellectual property rights in them, are and remain the sole and exclusive property of Wide Swing LLC. Nothing in these Terms transfers ownership of any content to you.

Subject to your full payment and your continued compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the finished videos we deliver to you for your own marketing purposes. We may revoke this license at any time. You obtain no other rights. Reference videos and any third-party content are not licensed to you and are provided as creative direction only. You are solely responsible for ensuring your use of any deliverable complies with all applicable laws and platform rules and does not infringe the rights of any third party.

You may cancel an order and receive a refund only before a scout has claimed it, meaning before any work has begun. Once a scout claims your order, work is underway and the order is non-refundable, although you may still cancel it. Except for this limited pre-work refund, all payments are final and non-refundable. This pre-work refund is your sole and exclusive remedy for any cancellation, non-delivery, delay, or dissatisfaction, and is provided in full satisfaction of any claim.

Scouts and creators are independent contractors, not employees, agents, or partners of Wide Swing LLC. You set your own hours and choose which work to claim. You are solely responsible for your own taxes, withholdings, and expenses. We do not guarantee any amount of work, any earnings, or any minimum volume of jobs.

You represent and warrant that you have all rights necessary to submit anything you upload and that it is original, non-infringing, lawful, and not created for any other party. You irrevocably assign to Wide Swing LLC all right, title, and interest, including all intellectual property rights, in and to all work you produce or submit through Tiksplode (including demo and training submissions), and you waive any moral rights in it. You also grant us a perpetual, worldwide, royalty-free right to use your submissions, and your name, image, voice, and likeness as they appear in them, for operating, marketing, and promoting Tiksplode. Payouts are made to the PayPal account you provide, on an approximately biweekly basis, only for work we accept. We may withhold, reduce, or reverse any payout for work that is rejected, late, incomplete, fraudulent, infringing, or in breach of these Terms, at our sole discretion.

Payment to scouts and creators is never guaranteed. To the fullest extent permitted by law, we do not guarantee that any payout will be made, will be made in any amount, or will be made within any timeframe, and any estimated payout date or amount shown in the service is an estimate only and is not a promise of payment. Payouts depend on our acceptance of the work, on the customer's payment clearing and not being reversed, and on our sole determination that the work complies with these Terms. We are not liable for any failure, delay, reduction, or reversal of any payout.

You must not use Tiksplode to break any law, infringe any right, upload malware, harass anyone, misrepresent yourself, scrape or reverse engineer the service, circumvent any limit, or interfere with its operation or security. We may remove any content and suspend or terminate any access for any suspected violation, at our sole discretion.

To the fullest extent permitted by law, Tiksplode and all content and services are provided "as is" and "as available", with all faults and without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, or uninterrupted or error-free operation. You use the service at your own risk.

To the fullest extent permitted by law, in no event will Wide Swing LLC or its owners, members, officers, contractors, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or relating to the service or these Terms, under any theory of liability, even if advised of the possibility. Our total aggregate liability for all claims relating to the service or a given order will not exceed the amount you actually paid to us for that order, and in any case will not exceed one hundred US dollars ($100).

You agree to defend, indemnify, and hold harmless Wide Swing LLC and its owners, members, officers, contractors, and affiliates from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your use of the service, your content, your breach of these Terms, or your violation of any law or third-party right.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the service will be resolved exclusively by final and binding individual arbitration, and you and we waive any right to a jury trial and any right to participate in a class, collective, or representative action. Any claim must be brought within one year after it arises or it is permanently barred.

If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect and the unenforceable provision will be enforced to the maximum extent permitted. Our failure to enforce any provision is not a waiver. You may not assign these Terms; we may assign them freely. We are not liable for any failure or delay caused by events beyond our reasonable control. These Terms are the entire agreement between you and us regarding the service and supersede any prior agreement.

Questions about these Terms can be sent to support@tiksplode.com.