Terms of Service

Updated 13th November 2023

Terms of Service

Here at SHOUT we believe that all creator posts should be transparent and put consumers first. Therefore, both Creators and Brands need to ensure that no campaign or post is false or misleading and must disclose the fact that the Creator is being paid by the Brand. SHOUT expects that all users comply with all applicable Laws and industry self-regulation relating to influencer marketing, including the AANA Guidelines (AU), CAP Code (UK), and Federal Trade Commission’s Guides Concerning Endorsements and Testimonials in Advertising (USA). This means that all creator marketing posts which are being facilitated through SHOUT should be transparent and labelled with appropriate disclosures, such as #ad. We expect Creators and Brands to keep themselves up to speed with the latest best practice on how to label influencer marketing posts in a transparent way in order to make sure that consumers are clear about the commercial nature of the sponsored posts.

HOUSE RULES | BRAND

BE RESPONSIVE: Please appreciate the energy each Creator has invested into their submission by responding to each one quickly. This will also prevent Creators having a negative experience with your brand.

BE RESPECTFUL: All communication with Creators must happen on SHOUT. Contacting Creators outside of the platform (e.g. via Instagram DM or email) is against our terms and undermines the trust and safety we work hard to maintain. Brands who do so may be removed from the platform

BE BRAVE: Resist the urge to micro-manage. Everything from bad grammar to shaky footage makes up a unique dialect a Creator has crafted with their followers over many posts. If you change the language, you’ll change the response.

BE OPEN: This platform is for influencers, not celebrities. You may not recognize them, but rest assured their followers do. We believe accessing countless pockets of influence is far more meaningful than a large celebrity endorsement.

BE AWARE: Feel free to share a Creator's post within the same social platform, however content cannot be used in any additional or other marketing material, nor should it be used outside of the original platform without getting additional approval from SHOUT.

BE TRANSPARENT: Be aware of the need to be transparent when engaging with influencers, and the requirement to label Creator posts with #ad to tell consumers that it is a paid for post.

HOUSE RULES | CREATOR

BE TRANSPARENT: Keep up to speed with the latest developments and best practice on how to label your posts in a transparent way to show that it is paid for by the brand. Normally, that will mean labelling your content with #ad or ADVERT in the title or thumbnail of your content. Don’t try to hide the fact that the content is paid for; both you and the Brand will lose credibility if you do.

BE GENEROUS: Posts must stay on the top of your feed for minimum 12 hours and on your platform for 30 days.

BE AUTHENTIC: If you wouldn't recommend a Brand for free – don't recommend it for money.

BE GENUINE: We work exclusively with Creators who’ve organically grown their audience. If you’re misrepresenting the size of your audience or engagement in your content, we reserve the right terminate your SHOUT account.

Introduction

1. The SHOUT Platform is owned and operated by UniTaskr (UniDosh Ltd.) By using the SHOUT Platform, you agree to accept these SHOUT Platform Terms of Use (“Terms of Use”) and the House Rules.

2. SHOUT has created the SHOUT Platform to allow Brands and Creators to interact, form relationships, buy and sell Paid Content, and create and distribute sponsored Posts through the Creator’s Channels (TikTok, Instagram and/or Facebook), with facilitation, support, control and direction provided by SHOUT and in accordance with these Terms of Use. In these Terms of Use, Brands and Creators are collectively and individually referred to as “you” as the context requires.

3. The SHOUT Platform allows Brands to create Influencer Marketing Campaigns and Content Only Briefs, which are then shared with Creators via the Application. Creators using the Application can respond to a Brief brief by applying for the Brief. A Brand will pay, and the Creator will earn, compensation when:

(a) in relation to an Influencer Marketing Campaign, the Brand approves a Post and the Post is published to the Creator’s Community via his or her Channels, as selected; or

(b) in relation to a Content Only Campaign, the Brand approves Paid Content submitted by the Creator and acquires rights to use that Paid Content in accordance with a Rights Licence.

4. SHOUT also provides to Brands a range of manual and automated services to facilitate the development, conduct and evaluation of Campaigns, both through the operation of the SHOUT Platform and by way of SHOUT Services agreed between SHOUT and a Brand from time to time.

5. Your access to and use of the SHOUT Platform is conditional upon your agreement to and acceptance of these Terms of Use. Each time you use the SHOUT Platform, you agree to be bound by these Terms of Use, and these Terms of Use apply to all transactions conducted through the SHOUT Platform. If you do not wish to be bound by these Terms of Use, do not use the SHOUT Platform.

6. You can contact us by phone at (+44)7887706033, email at accounts@unitaskr.com.

Terms for Creators

Creating a Creator Account

7. Account Registration Process

To use our App as a social media Creator, an individual must install the App and log in using their Facebook, Instagram, and/or Twitter accounts as specified in the App and under these Terms.

8. Account Connection Requirements

Creators are required to link their accounts to their Instagram, Twitter, and/or Facebook pages to submit content for Campaigns. This grants us access to your historical activity, usage data, and audience insights, and the ability to directly publish content to your linked Channels per these Terms.

Eligibility Criteria for Creators

9. General Eligibility

Persons over 16 years old, or those over 13 with parental/guardian consent, can register. To engage in Campaigns and earn as a Creator on our platform, the following criteria must be met:
Eligibility to use each social media platform linked to the App, according to their respective terms and conditions.
A minimum of 3000 followers on any linked Channels, or approval by us for Content Only Campaigns.
Channels must be public and not contain material that violates these Terms or the social media platform's terms.
No misrepresentation of audience size, followers, or engagement levels. Followers must be organically obtained, without resorting to unethical methods like buying followers or engagements.

10. Restrictions on Participation

Failure to meet the above standards may restrict participation in Campaigns or access to the App’s full functionality.

11. Authenticity Requirement

Creators must honestly represent their follower count and engagement level. The use of artificial means to inflate these metrics is strictly prohibited.

Content Submission for Campaigns

12. Responsibility for Campaign Information

Creators must thoroughly review all Campaign details in the App provided by SHOUT and ensure they are comfortable with participating in any given Campaign.

13. Acknowledgements by Creators

Creators understand that:

Brands may opt to send product samples at their discretion, but are not obligated unless explicitly agreed upon and confirmed by SHOUT as part of the Campaign details.
SHOUT is not liable for any delays or non-delivery of products from Brands, and Creators should verify their delivery address accuracy.
Purchasing a Brand’s product does not guarantee the approval or usage of any related Posts or Paid Content by the Brand.

14. Content Compliance

Each Post or Paid Content uploaded to the App or submitted for Brand approval must comply with these Terms, SHOUT’s House Rules, and any additional Campaign-specific requirements set by SHOUT or the Brand.

15. SHOUT’s Discretion in Content Submission

SHOUT has the right to decide whether to present any Post or Paid Content to Brands. Non-compliant or unsuitable content may be removed or made inaccessible at SHOUT’s discretion.

16. Content Review and Moderation

SHOUT reserves the right to review, moderate, and provide feedback on Posts or Paid Content, and may approve or withhold approval on behalf of Brands.

17. Disclosure Requirements

Creators must clearly disclose their commercial relationship with the Brand in sponsored Posts. This should be evident to viewers through hashtags like #advertisement or #ad, or other suitable methods. SHOUT may monitor disclosures and require more explicit disclosures based on its discretion. Non-compliance could lead to removal from the SHOUT Platform. In the USA, Creators should consider the FTC’s Endorsement Guides.

18. Creator Warranties

For each Post and Paid Content, Creators warrant that:

They are either over 16 years or have parental consent if aged 13-16.
Posts featuring children under 16 are from their parents or legal guardians.
They hold all necessary intellectual property rights for the content, allowing licensing or sale for usage as outlined in these Terms.
The content is genuine, non-deceptive, and original, excluding any disclosed Third Party Material.
If Third Party Material is included, all necessary permissions and licences have been secured.
Their involvement doesn’t conflict with any guild, union, or organizational obligations and doesn’t infringe on any legal or copyright rights.

19. Intellectual Property of the Brand

These Terms do not grant Creators any ownership or rights in the intellectual property of Brands.

20. Brand’s Discretion in Content Usage

Brands are not obligated to utilize the rights granted to them under these Terms.

Influencer Marketing Campaigns – Posting Guidelines

21. Timeline for Post Publication

After SHOUT or the Brand approves a Post, you must publish it on the designated Channel via the App as instructed within 48 hours, unless a different timeline is specified by SHOUT or the Brand.

22. Finality of Approved Posts

Once SHOUT or the Brand approves a Post, it cannot be edited. You are required to publish the Post in its approved form unless SHOUT or the Brand explicitly allows modifications.

23. Engagement with Published Posts

After publishing a Post, you should actively engage with and respond to comments on the Channel. While responding to every comment may not be feasible, reasonable engagement is expected.

24. Publication Restrictions

You agree not to:

Post, share, or re-distribute any other content on the same Channel within five (5) hours of publishing a Post that could overshadow the Post.
Remove the Post from your Channel for 30 days following its publication, which ends at 11:59 pm on the thirtieth calendar day after publication.
Edit the Post once published, except as allowed by these Terms.
Create any content on the Channel that detracts from, dilutes, or undermines the impact of the Post.
Further assign rights in the Post to a Brand without SHOUT's written permission and reasonable fee negotiations.
When providing your TikTok Spark Code, you must select the 365 day option from the list of available durations. If you select a lower duration, and refuse to provide another Spark code that makes up the full 365 days, then SHOUT reserves the right to remove you from the platform.

25. Acknowledgement of Restrictions

You acknowledge that the restrictions outlined above are reasonable in terms of scope and duration, considering the interests of the Brand and SHOUT, and that these Terms do not exceed what is necessary to protect those interests.

Influencer Marketing Campaigns – Post Moderation and Removal

26. Post-Publication Moderation Rights

You understand and agree that SHOUT reserves the right to moderate any Post after it has been published on a Channel. If SHOUT requests reasonable modifications or amendments to a Post, you agree to make these changes promptly, provided they adhere to these Terms and House Rules. If the requested changes would result in non-compliance with these Terms or House Rules, you have the right to refuse such modifications.

27. Removal of Posts at SHOUT's Discretion

You acknowledge that SHOUT can, at any time, request the removal of any approved Post from your Channels. Upon receiving such a request, you agree to act immediately, with the understanding that the Post Fee will be fully paid to you as per these Terms.

28. Public Relations Protocol for Post Changes

In cases where a Post needs to be modified or removed, any public statements or announcements related to these actions will be jointly agreed upon by SHOUT, the Brand, and you prior to their release.

Influencer Marketing Campaigns – Ownership and Licensing of Posts

29. Ownership of Posts

You retain all rights, titles, and interests, including Intellectual Property Rights, in your Posts. These Terms do not constitute a transfer, assignment, or granting of any ownership rights in the Posts to SHOUT or any Brand.

30. Licensing Rights to SHOUT

For each Post you upload, submit for approval, or publish, you grant SHOUT (and its agents) a licence to edit, reformat, and adapt the Post as necessary for the conduct of the respective Campaign or for other uses as outlined in the following paragraph.

31. Licensing Rights for SHOUT & Brands.

For SHOUT

Upon payment of the Post Fee or Paid Content Fee, the Creator grants SHOUT — defined as UniDosh Ltd. (UK), UniTaskr LLC (USA), and their respective affiliates and agents — a royalty-free, perpetual, worldwide, irrevocable, sublicensable, and transferable license to:

• Use, reproduce, edit, adapt, publish, distribute, and otherwise exploit the Content across any media and format, including but not limited to:

Organic and paid social media
Websites, landing pages, and e-commerce storefronts
Email marketing and affiliate platforms
Press, PR, and promotional campaigns
Case studies and business development materials
Internal performance reporting and pitch collateral

• Use the Creator’s name, image, likeness, persona, voice, and performance in connection with the Content.

• Assign, sublicense, or transfer this license to any SHOUT agency client (i.e., clients of UniDosh Ltd. or UniTaskr LLC receiving managed services), for use in accordance with SHOUT’s scope of work on their behalf.

The Creator waives all Moral Rights in relation to the Content to the extent permitted by law, and acknowledges that no further approval or compensation is required for the uses described above.

For the Brand:

The Brand is granted rights to use the Content only in accordance with the Rights License purchased through the SHOUT platform.

Any use beyond the scope of the selected license — including paid advertising, cross-platform distribution, or long-term content repurposing — requires either:

A separately purchased license through the SHOUT platform, or
Written consent from SHOUT (UniDosh Ltd. or UniTaskr LLC), which may be subject to additional fees.

Commitment to Positive Representation of Brands

32. Agreement on Brand Representation

By participating in a Campaign involving a specific Brand, you commit to the following:
Refraining from creating content that mocks, negatively comments on, or portrays the Brand or its products or services in a derogatory or disparaging manner.
Avoiding the production of any material that could undermine the reputation or perception of the Brand or its products or services.
This commitment extends to all your Channels and includes ensuring that your actions do not negatively impact the effectiveness of the Campaign or the Brand's ability to gain from its participation in the Campaign.

Creator Compensation for Campaign Participation

33. Provision of Financial Details

Before any payments for Content and Posts are processed, you must provide your bank details for payouts. You are responsible for ensuring the accuracy of these details.

34. Responsibility for Tax Declarations

It is your responsibility to inform SHOUT if you are registered and liable for GST or VAT, and to keep your GST and VAT registration details up to date.

35. Changes to Posts and Pre-Approval Process

If a Brand requests changes to your submitted Content and Posts before approval, and you agree to these changes, you may ask for or receive a bonus. This is upon discretion of the brand. SHOUT will assist in resolving disputes related to this process.

36. Payment Terms after Approval

Once Content is approved and published, or Paid Content is accepted, you are entitled to receive the Post Fee or Paid Content Fee.

37. Payment Processing

SHOUT will transfer the payment to your specified bank via bank transfer as soon as the content has been approved, or once you supply the link to the posted content.

38. Payment Timeline

Your earnings will take up to 2 days to arrive in your bank, after the Post’s publication or Paid Content’s licensing by the Brand. The choice of payment terms may affect the final amount received.

39. Payment Delays

If payment is delayed for unforeseen reasons, SHOUT will inform you and rectify the delay as quickly as possible.

40. Payment Adjustment Rights

SHOUT retains the right to modify your nominated Post Fee, Paid Content Fee, or any additional compensation. Except as stated otherwise, only the agreed Post Fee or Paid Content Fee is payable.

41. Negotiating Changes with Brands

Should a Brand request changes to submitted Posts or Paid Content, you can negotiate directly for additional compensation through the SHOUT Platform. SHOUT reserves the right to monitor and approve these negotiations.

42. Compliance and Payment Disputes

Your entitlement to payment is conditional upon your adherence to these Terms and House Rules. In case of disputes over compliance and payment, SHOUT will collaborate with you and the Brand to resolve the issue and determine your payment eligibility.

43. Restrictions on Alternate Compensation

You must not:

Accept products, services, or other non-monetary arrangements from a Brand as payment without SHOUT’s approval.
Negotiate for more than one Post per Post Fee or additional Paid Content for a Paid Content Fee without SHOUT’s approval.
Circumvent or attempt to negotiate terms or payments with Brands outside the SHOUT Platform.

Creator's Independent Contractor Status and Rights

44. Independent Contractor Relationship

As a Creator, you acknowledge that your role in providing Posts or Paid Content to SHOUT and Brands is as an independent contractor. This status excludes any employment relationship, partnership, or agency with either SHOUT or the Brand. Consequently, neither SHOUT nor the Brand is responsible for typical employment-related payments or deductions such as annual leave, superannuation, taxes, or workers' compensation contributions.

45. Non-Assertion of Rights Against Portrayals

a) You agree not to claim or assert that your portrayal, representation, or depiction in Posts or Paid Content infringes on your personal rights, such as privacy, publicity, or protection against defamation. This applies whether such portrayal is by the Brand, SHOUT, or their successors or licensees. You release SHOUT, the Brand, and their respective parties from any claims related to these portrayals in connection with these Terms.

46. No Guarantee of Post Success or Approval

You acknowledge that SHOUT does not guarantee the success, approval by a Brand, or any specific business or commercial outcomes related to your Posts or Paid Content.

47. Respect for Brand's Intellectual Property

You recognize that all intellectual property rights in a Brand's products, services, trademarks, brands, logos, and images belong solely to the Brand. You agree not to copy or use these properties beyond what is necessary for participating in the Brand's Campaigns as outlined in these Terms, or without the Brand's explicit written consent.

Terms for Brands

Setting Up Brand Accounts for Campaign Management

48. Account Creation Process

To set up an account for campaign management as a brand (“Brand Account”), you need to access the SHOUT platform, adhere to the login procedure as outlined in these Terms (refer to specific paragraphs for details), and provide essential information. This includes your full name, email address,, and password. You will also need to select a preferred payment method ( credit card or PayPal) and supply the necessary payment details.

49. Representation and Authorization

If you are accessing the campaign platform on behalf of a Brand, you affirm that you are duly authorised to agree to these Terms on behalf of the entity and to commit the Brand to adherence to these Terms.

50. Primary Contact Designation

The primary contact for your Brand Account must be designated. The first user to register the Brand Account will be set as the primary contact by default. However, an authorised person with access to the Brand Account can modify this information on the website. The platform will use the primary contact's details for all inquiries related to the Brand Account.

Brand Conduct and Campaign Management Guidelines

51. Fair Use and Treatment

Brands must use the platform in a fair and reasonable manner, aligned with its intended purpose, and treat Creators with fairness and respect.

52. Campaign Approval Rights

The platform reserves the right to reject Campaigns and Briefs that do not align with these Terms.

53. Control over Fees and Negotiations

The platform maintains control over any changes to Creators' fees or additional compensation. Each Post has a set fee, and Brands must not attempt to negotiate multiple Posts for a single fee without platform approval. You can offer a bonus payment to the creator, that you can pay after you have approved a creator for the initial content or post.

54. Negotiating Changes with Creators

After consultation and approval from the platform, Brands may negotiate additional compensation with Creators for requested changes to Posts or Paid Content.

55. Prohibition on Non-Monetary Agreements

Brands must not offer products, services, or other non-monetary arrangements as full payment for Posts or Paid Content without platform approval. They can however offer non-monetary arrangements in additions.

56. Transparency and Honesty

Brands must not encourage Creators to conceal the commercial relationship or make false representations about endorsements or approvals.

57. Product Sample Policies

Brands acknowledge that:

Neither Creators nor the platform is obligated to purchase their products or services.
Brands are not required to send sample products unless agreed upon as part of the Campaign.
The platform is not liable for delays or non-delivery of products to Creators.
Sending sample products does not guarantee a Post or a positive review.

58. Content Ownership and Accuracy

Brands warrant they hold the necessary Intellectual Property Rights for any content they upload and that such content is not false, misleading, or deceptive.

59. Liability for Content

While the platform may curate and moderate Creator content, it cannot guarantee the content’s legality, accuracy, or suitability. Brands are responsible for ensuring ongoing compliance of the content after the Campaign term and assume all associated risks.

60. Use of Brand Reviews for Marketing

By using the SHOUT platform, Brands acknowledge and agree that SHOUT may use any reviews, testimonials, or feedback provided by the Brand regarding a Creator’s work for marketing and promotional purposes. SHOUT may display such reviews publicly on our website, social media channels, or other marketing materials without additional consent from the Brand. However, SHOUT will not alter or misrepresent the content of the reviews in any way.

61. Independence of Creators

Brands acknowledge that Creators are independent, and their audience reactions are not controlled by the platform. Posts may risk negative comments about the Brand and its products.

62. Content Removal and Replacement

a) Upon notice of infringement or other legal issues, Brands agree to remove the implicated content and cease its use. The platform will endeavour to provide comparable content free of charge, subject to these Terms.

63. On-Platform Communication Requirement

To ensure transparency, safety, and a consistent experience for all users, Brands must not attempt to contact Creators outside of the SHOUT Platform. This includes initiating communication via email, social media, or other channels with the intent to bypass the platform's tools, processes, or payment systems. Any attempt to take collaborations off-platform undermines the trust and security we provide and may result in immediate suspension or permanent removal of the Brand’s account, with no refund for any active subscriptions.

SHOUT Service Offerings and Terms

64. Service Agreement

SHOUT agrees to provide services ("SHOUT Services") as outlined in any written agreements between you and SHOUT. These services are subject to the terms, conditions, and limitations specified in those agreements.

65. Service Quality and Responsibility

SHOUT commits to performing its services with due care and skill. However, except where explicitly stated in writing, you are responsible for managing each Campaign and adhering to these Terms.

66. Subscription Terms and Termination

For services subscribed on an auto-renewal basis:
Either SHOUT or you may terminate the subscription by providing at least two months' notice. The termination becomes effective at the end of the current or next subscription term, depending on the notice period.
No refunds will be provided for any subscription fees or charges if you decide to cancel or discontinue using SHOUT Services during an active subscription term.

67. Fees and Charges

Fees and charges for any SHOUT Services you subscribe to or order will be detailed in the relevant subscription agreement or invoice. If the SHOUT Services are subscribed to on an auto-renewal basis, SHOUT reserves the right to modify subscription fees and other charges for the upcoming term. Such changes will be communicated to you at least three months before the start of the new term.

Payment Obligations and Procedures for Brands

68. Agreement to Pay Fees

You agree to pay all fees and charges associated with your Brand Account, including those for using the platform and any required services for Campaign delivery. This encompasses Post Fees, Content Fees, and other charges outlined in these Terms.
If you fail to oblige to our Terms of Service, and request to communicate with Creators outside of the platform, we will end your subscription and remove you from the platform. If you are within a Free Trial period, we will end the Free Trial early and charge you the upcoming payment.

69. Media Agency Transactions

Media Agencies using the platform acknowledge that the platform's services are a direct cost and are non-commissionable. No agency rebates will be provided.

70. Subscription and Service Payments

For subscribed or ordered services, all due subscription fees and applicable charges as detailed in relevant agreements or invoices must be paid in a timely manner.

71. Campaign Payment Methods

All Campaign-related charges must be paid as specified or as directed in writing by the platform. In the absence of specific instructions or approved invoicing, payments must be made by credit card through an authorised provider.

72. Credit Investigation Authorisation

Brands or Media Agencies approved for invoicing authorise the platform to conduct credit investigations as needed, and terms of credit may be varied at the platform's discretion.

73. Minimum Invoice Amounts

Invoice requests approved for payment by invoicing are subject to minimum amounts, which vary based on the Brand's or Agency's location. If not domiciled in specified regions, invoices will exclude regional taxes but may include other applicable taxes.

74. Invoice Payment Terms

Invoices must be paid according to specified terms or as agreed in writing. Standard payment terms are 14 days from the invoice date. Payments will be credited to the corresponding Campaign.

75. Post and Content Approval Undertakings

Upon approving a Post or Paid Content, you confirm your authority to authorise the application of credits or charge your nominated card or account for the applicable fees, including any additional amounts negotiated under specific clauses.

76. Late Payment Consequences

Late payments may incur a fee and interest. The platform reserves the right to withdraw credit facilities, limit access, or suspend Campaigns for late payments. You may also be liable for costs incurred by the platform in managing late payments.

77. Indirect Tax Liability

If applicable, you are responsible for any indirect taxes (like sales tax, VAT) in addition to other payments to the platform. Self-assessment of such taxes may be required based on your residence laws.

Refund Policy for Brands on Campaign Expenditures

78. The platform will issue refunds for any Post Fee or Paid Content Fee in cases where it determines that a Creator has violated these Terms or the House Rules regarding the specific Post or Paid Content. Additionally, if the platform recovers such amounts from the Creator due to their breach, those amounts will be refunded to you.

79. The platform may choose to reimburse brands in circumstances beyond these specific violations, although it is not obligated to do so.

Usage Rights for Posts and Paid Content

80 . Limited Usage Rights for Posts

You acknowledge that your usage rights for any Post are confined to the rights granted by SHOUT as detailed earlier. Specifically, Posts must not be utilised in any paid, sponsored, or promoted advertising, including on the channel where the Post was initially published, unless the correct package has been purchased through the platform or you have received written confirmation from an employee at SHOUT.

81. Usage Rights for Paid Content

Your rights to use Paid Content are strictly governed by the Rights License selected through the platform. Paid Content must not be used in any manner contrary to the chosen Rights License terms.

82. Termination of Rights for Non-Payment

Failure to pay applicable fees and charges for a Campaign or any Post Fees or Rights Fees results in the automatic termination of your right to use the relevant Content. In such cases, usage of the Content must cease immediately.

83. Intellectual Property Rights

These Terms do not grant you any ownership or other intellectual property rights in any Posts or the Creator’s Identity, except as explicitly stated.

84. Usage Beyond Standard Terms

To use Content beyond the scope defined earlier or your selected Rights License, contact the platform directly. Additional fees may be applicable for such extended use.

85. Prohibition on Altering Content

You are not permitted to remove any watermarks or copyright notices from any Content on the platform.

86. Compliance with Third-Party Material Usage

If any Content includes Third-Party Material, you are obliged to adhere to any notified use limitations and obtain all necessary licences for your intended use, including those pertaining to Third-Party Material, prior to utilising the Post or Paid Content.

The remaining terms apply both to Creators and Brands.

Account Registration and Management

87. Account Registration Discretion

The platform reserves the right to refuse account registration at its sole discretion. Decisions made by the platform regarding account registration are final and not subject to negotiation.

88. Registration Warranties and Representations

When registering an account, you confirm that you have the authority to create the account, agree to these Terms and any relevant rules, and represent any Brand or individual on whose behalf you're creating the account.

89. Accuracy of Information

All information provided during account registration must be current, accurate, and complete. Incomplete or incorrect registrations will not be considered valid.

90. Account Login Requirements

You must log in to your account as required each time you wish to access the platform.

91. Account Confidentiality and Security

You are responsible for maintaining the confidentiality of your account details and for all activities under your account. You must not share or transfer your account details to others. Immediately report any unauthorised use or security breach of your account to the platform. The platform is not liable for any loss or damage resulting from your failure to protect your account information.

92. Right to Suspend or Terminate Accounts

The platform reserves the right to suspend, terminate, or limit your account access if it suspects abuse, tampering, misinformation, breach of Terms or rules, or any unethical or disruptive behaviour. The platform retains the right to seek damages or other compensation in such cases.

93. Prohibition on Automated Account Creation

The use of automated software or other mechanical or electronic means to create accounts is strictly prohibited. Accounts created using such methods are not permitted.

Linking Social Media Accounts

94. Account Linking Warranties

By linking a social media account to your platform account, you affirm that:
The linked social media account belongs to the registered Creator or Brand.
If the account is registered to a Brand, you are an authorised representative with access rights to that social media account.
If the account is registered to a Creator and you are not the Creator, you are an authorised representative with rights to use that social media account on behalf of the Creator.

95. Responsibility for Information Provided

When creating an account, you acknowledge that you are providing information to the platform and not to any social media platform. You are responsible for any content or information you transmit. You agree to indemnify and hold harmless social media platforms and their associated agencies from any losses or damages incurred from your use of the platform. Any inquiries or complaints about the platform should be directed to the platform and not to social media platforms.

96. Use of Social Media Features

The platform may include social network sharing functions and links to social media (like TikTok). Your use of these platforms is governed by their respective terms and conditions. By using social media applications or features on the platform, you agree to abide by these terms.
The platform may access and use information you've shared on social media platforms according to the permissions granted. It's advisable to review each social media platform's terms before interacting with its features on the platform.
The platform is not sponsored, endorsed, administered by, or associated with any social media platforms.

Guidelines for Content Submission on the Platform

97. Content Submission Standards

In addition to complying with other Terms, ensure that the content you submit to the platform does not include material that:
Violates any laws, industry codes, or directives of regulators.
Is substantially copied or adapted from other works.
Contains indecency, obscenity, threats, harassment, defamation, or anything offensive or promoting illegal or aggressive behaviour.
Mocks or disparages the platform or its products or services.
Requests personal information for unlawful purposes or shares private contact details beyond Campaign requirements.
Promotes unauthorised copies of copyrighted works, like pirated software or media.
Involves spam, junk mail, chain letters, or unsolicited mass mailing.
Infringes on the privacy, contractual, or other rights, including Intellectual Property Rights, of any individual or entity.
Encourages or instructs on criminal activities or violates laws, including stock exchange regulations.
Contains harmful code, viruses, or corrupted data.

98. Platform's Right to Remove Content

The platform reserves the right to remove any content from its service that is deemed to breach these Terms or the House Rules.

Terms of Platform Use

99. Licence to Access and Use

By adhering to these Terms, you are granted a limited, non-exclusive, revocable, and non-transferable licence to access and use the platform as specified in these Terms.

100. Compliance with Instructions

You must use the platform in line with any applicable guidelines or instructions provided within the platform.

101. Prohibited Actions

You must not:

Decompile, reverse engineer, disassemble, or convert any part of the platform into a human-readable form.
Distribute, republish, resell, rent, lease, licence, or lend any element of the platform.
Bypass, disable, or interfere with any security features of the platform.
Transfer any component of the platform to third parties.
Use data mining, robots, or similar data extraction methods.
Handle subscriptions for any product or service without proper authorisation.
Commercialise any part of the platform without explicit written permission from the platform provider.

102. Restrictions on Automated Access

Do not engage in crawling, scraping, caching, or other automated access methods to the platform's content without written consent.

103. Platform Monitoring

The platform provider reserves the right to monitor the platform and account activities. Accounts suspected of fraudulent or abusive behaviour may be closed or suspended.

104. Linked Sites

The platform may contain links to external sites not maintained by the platform provider. While links are provided as a convenience, the platform provider is not responsible for the content of these external sites and does not endorse or assume responsibility for them.

105. Costs and Responsibilities

Any costs associated with the use of the platform are your responsibility. You are also responsible for ensuring your technology (computer systems, mobile devices, etc.) is compatible with and meets the technical specifications for using the platform.

UniTaskr SHOUT’s Property Rights of the Platform

106. Protection of Platform Materials

All materials on the SHOUT platform, protected by applicable laws including copyright and trademark laws, are to be used only as allowed by these Terms. These Terms do not imply any transfer, assignment, or granting of ownership rights in any intellectual property in the platform materials to any Brand or Creator.

107. Ownership of Brand Features

The SHOUT platform owns all rights, titles, and interests in its intellectual property, including brands, logos, images, buttons, codes, layouts, text, content, graphics, products, and services displayed on the platform, as well as its overall look and feel. These features are the property of the platform and cannot be copied, imitated, or used, wholly or partially, without prior written consent from the platform.
Your access to the platform does not grant any ownership rights in any features. The platform provides a limited, non-exclusive licence to use the platform's features solely to the extent necessary for you to use the platform as per these Terms.
The use of metatags or any "hidden text" using features without prior written consent from the platform is strictly prohibited.

Policy on Copyright Infringement

108. Consistent with the Digital Millennium Copyright Act (DMCA) and other relevant laws, the platform has instituted a policy of terminating access to its service for users who are found to infringe on the intellectual property rights of the platform or any third party. Decisions to terminate access are made at the platform's discretion and in accordance with these laws.

Confidential Information Agreement

109. Mutual Confidentiality Commitments

Both you and the platform acknowledge that business, technical, or financial information related to each party's operations may be shared. Both parties agree to:
Employ reasonable measures to safeguard each other’s Confidential Information.
Use the other party's Confidential Information solely for purposes related to these Terms.
Not disclose the other party's Confidential Information to third parties, except as required by law or with the other party's consent.

110. Exclusions from Confidentiality Obligations

The confidentiality obligations outlined above do not apply to any information that either you or the platform can demonstrate:

Is or becomes publicly known through no breach of these terms.
Was in possession or known prior to receiving it from the other party.
Was lawfully received from a third party without confidentiality restrictions.
Was independently developed without using the other party’s Confidential Information.

Indemnity Agreement

111. Scope of Indemnification

You agree to indemnify, defend, and hold harmless the SHOUT platform/UniTaskr/UniDosh ltd. and its affiliates, staff, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) related to:
Your content or interaction with the platform.
Your use or inability to use the platform.
Any breach or perceived breach of these Terms or any applicable rules.
(For Creators) Any claims made against a Brand.
(For Brands) Any claims made against a Creator.
Any third-party claims arising from your violation of these Terms or rules.
Allegations that your content violates third-party rights, including intellectual property.
Your infringement of any applicable laws.
Any misrepresentations made by you.

Limitations on Liability

112. Exposure to Content

In using the SHOUT Platform, you might encounter Content that could be harmful, obscene, misleading, or inaccurate. SHOUT assumes no liability for any such Content, including any errors, omissions, or any loss or damage incurred from the use of Content posted, transmitted, or made available on the platform.

113. Liability to Brands

SHOUT's liability to Brands concerning these Terms, the House Rules, or use of the SHOUT Services, regardless of the cause of action, is limited to the amount paid by the Brand to SHOUT for services related to the Brand's most recent Campaign. This limitation is subject to exceptions as detailed in subsequent paragraphs or as required by law.

114. Liability to Creators

SHOUT is not liable for damages of any kind arising from a Creator’s use of the platform, except as specified in later paragraphs or as mandated by law.

115. General Liability Exclusions

Under no circumstances will SHOUT, including its directors, affiliates, successors, licensees, employees, or agents, be liable for direct, indirect, special, incidental, consequential, punitive, or exemplary damages. This includes but is not limited to loss of profits, business revenue, or goodwill, arising out of or in connection with the SHOUT Platform, Services, these Terms, the House Rules, or any Post, Content, or Campaign.
This applies to liabilities based on tort, contract, negligence, or any other legal theory, even if advised of the possibility of such damages. This limitation encompasses damages from reliance on information from SHOUT, errors, defects, viruses, operational delays, or any performance failures, irrespective of the cause.

Disclaimer of Warranties

116. SHOUT takes reasonable steps to ensure the platform functions as intended, but it is provided "as is" and "as available" without warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. This includes implied warranties of satisfactory quality, non-infringement, or fitness for a particular purpose. SHOUT does not guarantee continuous, error-free, reliable, secure, or virus-free operation of the platform, nor does it promise that any defects will be corrected.

117. You acknowledge that using the platform is at your own risk. SHOUT disclaims all responsibility for any damage or loss, whether direct, indirect, punitive, or consequential, including loss of profits, business revenue, or goodwill. This applies to damages resulting from any interference, malfunction, delays, failures, or damage to your device due to using the platform.

118. Updates to Terms

SHOUT reserves the right to modify these Terms of Use at any time by updating this webpage. Changes become effective immediately and may impact your use of the SHOUT Platform. As you are bound by these Terms each time you access the platform, it's recommended to review the Terms regularly and when prompted. Your continued use of the SHOUT Platform after such updates constitutes your acceptance of the new Terms.

119. Platform Changes

SHOUT may modify the platform by notifying you at the email address associated with your account. Despite having an account, your access to the platform can be terminated at any time without prior notice. If you disagree with these Terms of Use, you should stop using the platform immediately and, if applicable, uninstall the Application from your device.

General Terms and Conditions

120. Platform Operation

aSHOUT reserves the right to cancel, terminate, modify, or suspend the platform in cases of unforeseen circumstances beyond its control, such as natural disasters, war, technical failures, or changes in social media platform terms that affect the platform's operation.

121. Jurisdiction for Southern Hemisphere Users

Users domiciled in the Southern Hemisphere, excluding U.S. territories, are subject to the laws of New South Wales, Australia. Both parties submit to the jurisdiction of its courts.

122. Jurisdiction for Northern Hemisphere Users

For users in the Northern Hemisphere, excluding the United States and its territories, these Terms are governed by the laws of England and Wales, with jurisdiction in the English courts.

123. Jurisdiction for U.S. Users

Users in the United States and its territories are subject to the laws of the State of New York, with actions and proceedings exclusively in the state or federal courts located in New York City.

124. Agreement Precedence

Any additional agreements or terms from Creators, Brands, or Media Agencies are subject to SHOUT's written consent. In case of inconsistencies, these Terms prevail.

125. Assignment Restrictions

Rights or obligations under these Terms cannot be assigned to third parties without SHOUT's written consent. SHOUT may assign its rights or obligations at its discretion.

126. Waiver and Amendment of Terms

Any waiver of these Terms is effective only if in writing and signed by SHOUT. Unenforceable or invalid terms will be amended or severed, maintaining the enforceability of the remaining terms.

127. SHOUT's Discretionary Powers

SHOUT may give approvals or consents under these Terms conditionally or unconditionally, or choose to withhold them.

128. Relationship Definition

These Terms do not create a partnership, agency, employment, or fiduciary relationship between SHOUT and any platform user.

Communication and Contact Methods
130. Agreement to Receive Communications: By agreeing to these Terms of Service, you explicitly consent to receive communications from SHOUT via various methods including, but not limited to, WhatsApp, SMS/TEXT, email, and social media platforms such as Instagram, Facebook Messenger, and TikTok Messenger.
131. Purpose of Communication: These communications from SHOUT may be for purposes including, but not limited to, service updates, promotional offers, reminders, customer support, and feedback requests.
132. Contact Information: It is your responsibility to ensure that your contact information, including phone number, email address, and social media accounts, is up to date in our system. SHOUT is not responsible for any missed communication due to outdated or incorrect contact details.
133. Opt-out Options: You will have the option to opt out of certain types of communications from SHOUT, as detailed in our Privacy Policy. Note that opting out of certain communications, such as service notifications, may impact your use of our services.
134. Privacy and Data Security: SHOUT is committed to protecting your privacy and the security of your personal information. Our use of your contact information and other personal data is governed by our Privacy Policy.
135. Changes to Communication Preferences: You may update your communication preferences at any time by accessing your account settings on SHOUT or by contacting our customer support.
136. Third-Party Messaging Platforms: When receiving communications via third-party platforms (e.g., WhatsApp, Facebook Messenger), you are also subject to the terms and conditions of these platforms. SHOUT is not responsible for data handling and privacy practices of these third-party platforms.

130. In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

UniTaskr

10 York Rd.

Waterloo

London, SE1 7ND

England

accounts@unitaskr.com

Interpretation

130. The following terms have the following meanings in these Terms of Use:

“Account” means a Brand Account or a Creator Account.

“Application” means the SHOUT app or UniTaskr app, available for download via the Apple App store, Google Play Store, or available on the web browser at web.unitaskr.com or creators.unitaskr.app

“ASA” means the UK’s Advertising Standards Authority.

“Brand” means any person or entity that uses the SHOUT Platform for the purpose of creating Campaigns.

“Brand Account” means an account that has signed up to use the SHOUT platform.

“Brand Fee” means the stated fee payable by a Brand to SHOUT in respect of an approved Post plus any applicable VAT.

“Campaign” means an Influencer Marketing Campaign or a Content Only Campaign.

“CAP Code” means the Committee of Advertising Practice Code, which is regulated by the ASA in the UK.

“Channels” means the social media channels of a Creator, such as Twitter, Facebook or Instagram.

“CMA” means the Competitions and Markets Authority in the UK.

“Community” means a Creator’s social media following on their Channels.

“Content” means a Post, Paid Content, Content, or any other content or materials uploaded to the SHOUT Platform by a Brand or a Creator (but excludes any Third Party Material included in a Post or Paid Content that is expressly disclosed to SHOUT and the Brand).

“Content Only Brief” means a brief issued using the platform seeking content that is not due to be used in advertisements or a TikTok video.

“Creator” means a social media influencer, or a content creator who registers to use the Application to create and distribute Content and receive compensation for such Content through the SHOUT Platform.

“Creator’s Identity” means the name, image, likeness, character and online persona of the Creator.

“House Rules” means the code of practice and conduct that must be adhered to by Creators and Brands, as published by SHOUT from time to time.

“Influencer Marketing Campaign” means a campaign created by a Brand using the platform to be opened to Creators via the Application for the purpose of finding appropriate Creators to publish Posts about the Brand.

“Intellectual Property Rights” means all present or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, any rights in silicon chip topography, Confidential Information and Know-How and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in United Kingdom or otherwise.

“Laws” means all applicable laws, codes of practice and guidance, including in relation to influencer marketing, including (in the UK) the Consumer Protection from Unfair Trading Regulations 2008 and the CAP Code, as well as any applicable guidance issued by the ASA, CAP, CMA, and/or Federal Trade Commission’s Guides Concerning Endorsements and Testimonials in Advertising from time to time.

“Media Agency” means an authorised third party organisation acting on behalf of a Brand or Brands, including public relations, media, creative, design and digital agencies.

“Moral Rights” means moral rights within the meaning of Part IX of the Copyright Act 1968 (Cth), including moral rights conferred on authors and performers, and any analogous rights arising under statute or otherwise, anywhere in the world, and whether now in existence or arising in the future.

“Paid Content” means content created by a Creator in response to a Brief.

“Paid Content Fee” means the fixed fee as stated on the SHOUT Platform to be paid to a Creator for Paid Content submitted to a Content Only Campaign and selected by the Brand.

“Post” means a social media post created by a Creator to be shared with the Creator’s Community via the Creator’s Channels.

“Post Fee” means the fee a Creator will charge a Brand to share a Post with the Creator’s Community via the nominated Channel.

“Rights Fee” means the fixed fee as stated on the SHOUT Platform payable by a Brand to SHOUT for a Rights Licence in respect of approved Paid Content plus any applicable VAT, or local Sales Tax.

“Rights Licence” means a licence from SHOUT to a Brand for particular Paid Content on the terms and conditions stated on the SHOUT Platform and selected by the Brand, including in any specific content licence agreement.

“Third Party Material“ means any material included in a Post or Paid Content where any rights (including Intellectual Property Rights) in that Material are owned by or licensed from a third party, including material in relation to which there may be stated, inherent or industry practice-based use limitations as a result of the rights of third parties including, without limitation, rights in music, rights of personality, talent rights and similar.

“SHOUT” means the UGC and Nano-influencer product that UniTaskr has created.

“SHOUT Materials” means the SHOUT Platform and any associated materials owned, developed or licensed by SHOUT and made available via the SHOUT Platform.

“SHOUT Platform” means the Application and other elements of the platform available through the Website (including data, statistics, analytics, Creator vetting, reporting and benchmarking, information, tools, databases, documentation, system and network interfaces, internal network, cloud and disk storage, software applications, operating systems, engines, and internal communications), and any associated SHOUT or UniTaskr properties or websites.

“SHOUT Services” means services that SHOUT agrees to provide to a Brand in addition to providing access to the SHOUT Platform and the services provided through it, including through any subscription agreement between SHOUT and the Brand or any quotation or proposal submitted by SHOUT and accepted by the Brand (including services relating to the development of Campaigns and associated briefs, identification and vetting of Creators to participate in Campaigns, review and moderation of Posts or Paid Content submitted by Creators, evaluation of Campaigns and Campaign impact, other benchmarking and reporting, and other support services).

“VAT” means value added tax chargeable under the Value Added Tax Act 1994 (UK).

“Website” means the SHOUT website at www.shout.unitaskr.com

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