Terms and conditions For Business

Last modified: August 29th, 2025

  • Welcome to Tik Joy!
  • Determination of economic value
  • Informative
  • Statistic Data
  • Found Management
  • Limitation of Liability for
    Material Uploaded
    by the Consumer
  • Limitation of Liabily Clause
  • Third Party and no Partnership
    Disclaimer
  • Applicable Law
  • General Provisions
  • Subsistence
  • Elettronic Communication
  • Conventional Court

Welcome to Tik Joy!

Our company offers a subscription service that provides subscribers with access to the Tik Joy platform (“TIK JOY”), a software solution owned by Tik Joy Inc. The platform consists of a JavaScript code for websites and e-commerce, as well as a dedicated dashboard for retailers. It is designed to facilitate advertising on TikTok and interaction with Consumers via WhatsApp, collectively referred to as SNS.

Through Tik Joy, businesses can upload pre-configured videos for Consumers to share. Consumers can access the platform via TikTok or WhatsApp and are incentivized to share videos by earning cashback rewards. Tik Joy manages the cashback distribution based on the business Consumer’s wallet, which they preload with credits to reward Consumers upon completing the required actions.

Additionally, businesses can communicate directly with Consumer through WhatsApp or via data collected during the Consumer’ login process. Consumer may also receive AI-generated messages through WhatsApp, providing automated responses and engagement.

The Service allows, once the js code is installed, to assign on the User’s site one or more maximum and minimum credits, established by the same User according to this contract. The credit in question will be used as a cashback provided by Tik Joy.

(hereinafter “User Store” “) – included as part of Tik Joy services.

Tik Joy Inc. is a company based in the United States, New Jersey at the number 1101 of Madison Street, APT 503. Email: info@Tik-joy.com (below also as “Tik Joy”).

If the User does not have its own website, Tik Joy will provide the User with a dedicated page within its platform. This page will allow the User to use all the features offered by the service, including the possibility to upload and share video content, manage cashback and interact with users through the modalities provided by this contract.

The User’s page on Tik Joy will be subject to the same conditions of use and the same rules applicable to Users who have their own website. Tik Joy accepts no liability for any technical or operational problems relating to the operation of such a page, except as otherwise provided in these terms and conditions.

Determination of economic value and cashback

  1. The “economic value”, or “JoyBack value” resulting from the login or the sharing and usable for accessing the cashback by the individual user is determined by the TIK JOY Service through the proprietary algorithm of Tik Joy Inc. that processes the information provided to the Service following the endorsement of the user, according to the SNS policy.

  1. The “JoyBack value” awarded to each user is determined by Tik Joy through its proprietary platform algorithms. This value is calculated based on specific user actions, such as logging in via TikTok and/or WhatsApp and sharing brand videos on their TikTok profile. Unlike traditional cashback, which is directly tied to a purchase, JoyBack represents a value granted for social engagement and visibility contributions, independent of any transaction.

    It is important to note that users may receive different JoyBack values even if their video engagement levels are similar. The system evaluates various factors, including but not limited to:

    • The user’s loyalty to Tik Joy and its partner brands (frequency and quality of interactions).

    • The user’s profile level (whether premium or standard).

    • The overall user activity on the platform.

    The JoyBack value attributed to each user is solely determined by Tik Joy and is non-negotiable. Brands fully accept that:

    • The determination of JoyBack is at the exclusive discretion of Tik Joy, based on the platform’s rights and internal algorithms.

    • No challenges or disputes regarding the value calculation or its distribution will be accepted.

    In essence, JoyBack is a performance-based recognition of user engagement, designed to amplify brand visibility through real social actions. It is not a transactional cashback tied to purchases, but a reward for attention, participation, and influence generated on social media.

  2. The service allows the User to obtain the data of Consumer who access the Tik Joy service through the SNS app created by Tik Joy Inc. commissioned by the User. The aforementioned data could be provided free of charge or against payment according to the agreements established with the same User and which would subsequently constitute the cost of the Tik Joy service. The obtaining of these data will take place in the terms indicated in the art. 5 infra.
  3. The Tik Joy service includes, depending on the package purchased by the User: (i) An Onsite engagement service which, by understanding the behavior of the users browsing the User’s site, automatically opens Overlays designed to capture the interest of the users themselves, in order to lead them to make registrations and sales; (ii) a dashboard to communicate via WhatsApp with the Users and to manage analytics.
  4. The Tik Joy service is provided by Tik Joy Inc., a limited liability company subject to the american legislation. These Terms of Use govern your use of our service. As part of these Terms of Use, “Tik Joy service”, “our service” or “the service” indicate the service provided by Tik Joy through the subscription that is signed.

Informative

  1. The “Tik Joy” software, the Tik Joy platform, the Tik Joy code, the service, the Tik Joy application or the App are software or platforms installed on e-commerce or normal sites web, or available for in Store retailers that, connecting to a specific SNS application, allows users to get cashback from brands and shops.
  2. In addition to the constituent front-end part, it has a back-end capable of analyzing user data, through the algorithm, regulating their relative economic value.
  3. The SNS application, contained in the back-end of the software in question, is also associated with the website on which the code will be installed. This is determined by SNS corporate policies.
  4. For this reason, the User authorizes Tik Joy Inc. to start the association of a specific SNS app associated with the website that owns the User’s company with the domain indicated during registration to the Tik Joy service whose sole purpose is to allow Tik Joy Inc. to proceed with the supply of the software.
  5. The association with the SNS application will not cause any intrusion within the User’s site nor will it cause damage in any way. The SNS app created by Tik Joy Inc. and the data collected through it are the property of Tik Joy Inc. and, based on the agreements entered into with the User, including the latter, within the limits indicated in the agreement. The aforementioned data are not the property of any brokerage company that has access to them through the Client’s access codes nor can they be managed by them. In the event that these data are recovered, they must be provided and not archived for any purpose.
  6. Tik Joy Inc. assumes no responsibility for direct interventions and modifications of Facebook or any Social Network that could alter or interrupt the correct functioning of the app connected to the Tik Joy software.
  7. Tik Joy Inc. and the User expressly agrees and accepts that the value of the advertising deriving to the User from the sharing of purchases made by users through the Tik Joy Service will be calculated by the proprietary algorithm of Tik Joy Inc., without the User being able to dispute anything about the correctness of the algorithm realized by Tik Joy Inc.
  8. The User agrees to use the Tik Joy service, including all the functions and functions associated with it, in compliance with the applicable laws, rules and regulations or any other limitation to the use of the service or its contents. You agree not to store, download, copy, distribute, modify, show, publish, grant licenses relating to, create derivative works from, offer for sale or use (except where expressly authorized in these Terms of Use) content and information contained in or obtained from or through the Tik Joy service. He also agrees not to: circumvent, remove, alter, deactivate or block the protections of the content in the Tik Joy service; use robots, spiders, scraper or other automatic tools to access the Tik Joy service; decompile, reverse engineer or disassemble any software or other product or process accessible through the Tik Joy service; enter any code or product or manipulate the contents of the Tik Joy service in any way; or use any data mining or data collection or extraction method. It also agrees not to upload, post, e-mail or transmit or otherwise send any material intended to interrupt, destroy or limit the functionality of any software or hardware or telecommunications tool associated with the Tik Joy service, including viruses and any other code, file or computer program. Tik Joy will have the right to limit or interrupt the use of the service if it violates these Terms of Use or uses our service illegally or fraudulently. Tik Joy Inc. also reserves the right to retrieve anonymous statistic data from the User’s e-commerce site relating to user activities on the platform to improve the quality of the Tik Joy service.
  9. Tik Joy Inc., through the Tik Joy Service, declares to allow the User, by supplying access codes, to download the js code no later than 7 days from the signing of this contract, subject to approval by SNS, which constitutes a condition of validity of this contract.
  10. The User also declares to install the Tik Joy Service on its e-commerce, website or in Store retailers and make it available to users of the site itself.
  11. The User sends to Tik Joy some of his independently created product data (including, but not limited to, links, product titles and descriptions, product photos, category terms and other text and images relating to the products, or videos) (below “User Data”), in order to present its products on the Site or videos.

 

Statistic Data

  1. Tik Joy Inc. could communicate to the User statistic data about: (i) Transaction, in term of number and amount of purchased through Tik Joy Service; (ii) Number of users who have accessed the User’s e-commerce website through Tik Joy Service; (iii) Number of users who have made one or more purchases on the User’s e commerce, website or In Store retailers through Tik Joy Service; (iv) the access data to the business section of the www.Tik-Joy.com in order to allow the User to monitor the activities deriving from the use of the Tik Joy Service.
  1. The users’ data who access Tik Joy via the WhatsApp Business API or another SNS on the User’s e-commerce site. The data refer only to email addresses, phone number (when available) and personal data (name and surname of the user). Each individual item, consisting of an e-mail address, a surname and the user’s name is named as “Lead”. In some cases, up to the plan chosen, some data could be limited.

  2. Tik Joy Inc. acts as independent Data Controller for all Consumer Data collected through the Platform.
    Tik Joy may share such Consumer Data with the Merchant as an independent controller, solely for the following purposes:
    – Direct communications with Consumers regarding the Merchant’s own campaigns, loyalty programs, or rewards activated through Tik Joy.
    – Transactional and service-related messages (e.g., confirmation of cashback or reward status).
    – First-party marketing communications relating exclusively to the Merchant’s own products or services.
    – Campaign analytics and accounting.

    The Merchant acknowledges and agrees that:

    A. Independent Controller Role. The Merchant is not appointed as a processor under Article 28 GDPR. Instead, the Merchant acts as an independent controller with respect to the Consumer Data it receives from Tik Joy and is solely responsible for its own compliance obligations.

    B. Legal Basis & Transparency. The Merchant must implement a valid legal basis for any communication or processing (e.g., consent where required), provide its own transparency notices, and maintain suppression/unsubscribe mechanisms. The Merchant is also responsible for honoring all Consumer rights requests it receives under applicable privacy laws.

    C. Restrictions. Consumer Data may not be transferred, sold, or otherwise disclosed to third parties, nor used for unrelated purposes (including but not limited to advertising enrichment, profiling, or lookalike audience building) unless expressly authorized in writing by Tik Joy and supported by a valid legal basis.

    D. Consent Records. Tik Joy will capture and maintain timestamped records of any Consumer opt-ins required for Merchant outreach. The Merchant must rely on such records and promptly respect any unsubscribe or objection requests communicated by Consumers, either directly or via Tik Joy.

    E. International Compliance. The Merchant warrants compliance with all applicable privacy, e-commerce, and messaging laws in the jurisdictions it targets, including (without limitation) EU GDPR, UK GDPR/PECR, US CAN-SPAM, TCPA, CASL, and applicable WhatsApp Business Policies. The Merchant shall not contact Consumers on channels for which no consent or legal permission exists.

    F. Enforcement. Tik Joy reserves the right to suspend or restrict data sharing where the Merchant fails to comply with these obligations. Any liability arising from the Merchant’s misuse of Consumer Data shall be borne exclusively by the Merchant.

  3. Tik Joy provides the Brand with a dedicated access panel to manage their WhatsApp Business API account. Depending on the case, the Brand may incur costs for activating and maintaining a phone number to be used with WhatsApp Business API. The Brand acknowledges that the information displayed in the WhatsApp section of the Tik Joy dashboard is sensitive, as it includes consumer data.

  4. Tik Joy cannot be held responsible for any service interruptions resulting from insufficient funds in the Brand’s WhatsApp Business API account or disruptions in the WhatsApp Business API platform itself. Therefore, Tik Joy expressly disclaims any responsibility for data loss, financial damages, or any other issues arising from such interruptions. The Brand accepts this policy upon registration to Tik Joy.

  5. Users’ data who access Tik Joy via the WhatsApp Business API or another SNS on the User’s e-commerce site may include email addresses, phone numbers (when available), and personal data (name and surname of the user). Each individual record, consisting of an email address, surname, and name, is referred to as a “Lead.” In some cases, depending on the selected plan, data availability may be limited.

  6. The communication of personal data is carried out as Tik Joy is the data controller. The User may use this data exclusively as a data processor pursuant to Article 28 of the GDPR, under a separate agreement that Tik Joy and the User undertake to sign. Specifically, it is strictly prohibited for the User to transfer the personal data communicated by Tik Joy to third parties, and the User is obliged to process this data solely for sending advertising communications referring to its own products or services.

Found Management

  1. The User may upload sums of money that will be deposited on a Wallet operated by a payment institution other than Tik Joy. The Wallet will be managed by a payment institution selected by Tik Joy, unless otherwise agreed in writing with the User. The amounts deposited on the Wallet will be used for the recognition of the cashback to the Consumer, and will be scaled down progressively according to the amounts due as cashback to each Consumer, as established in these conditions.
  1. Tik Joy will deduct from the amount loaded by the Consumer, from time to time, an amount or a percentage agreed with the User at the moment of the subscription is made, as compensation for the service offered. In the moment in which the balance of the Wallet is depleted due to the total distribution of the cashback, the User will have the possibility to recharge the Wallet in order to continue to use the service, through the operative modalities indicated by Tik Joy, which will be communicated to the User in a timely manner.
  1. Tik Joy does not assume any responsibility in relation to eventual disservices, breach of contract or violation of the law on the part of the payment institute involved in the management of the Wallet. For further information on the payment institution used, the User may contact Tik Joy at the contact details indicated at info@tik-joy.com.

Additional Provisions:

  1. Automatic Service Deactivation
    Should the balance of the User’s Wallet fall below a threshold that may be insufficient to cover (i) the cashback amounts accrued by Consumers, and/or (ii) the costs related to the operation of WhatsApp chats, Tik Joy reserves the right to automatically suspend or deactivate the Service, in order to prevent the occurrence of unpaid or unfulfilled payment obligations.

  2. Automatic Top-Up Authorization
    The User may authorize Tik Joy to perform automatic top-ups of the Wallet by charging the payment card or other payment method previously designated by the User. Such authorization ensures that the Wallet balance never falls below the minimum threshold required to guarantee continuous provision of the Service, thereby avoiding interruptions.

  3. Responsibility for Negative Balances
    In the absence of an active automatic top-up, the User acknowledges and agrees that cashback amounts accrued by Consumers may increase progressively and unpredictably during the seven (7) days following the publication of content. Consequently, even if the Service is suspended or deactivated, Consumers may accumulate cashback amounts exceeding the remaining Wallet balance of the User. In such cases, the Wallet may reflect a negative balance. The User expressly undertakes to promptly recharge the Wallet and to settle, without undue delay, any amounts exceeding the available balance, so that Consumers may duly receive their cashback. Tik Joy Inc. shall not, under any circumstances, be held liable for any claims, actions, or proceedings initiated by Consumers for the recovery of unpaid cashback amounts resulting from the User’s insufficient Wallet funds.

  4. At the end of each calendar month, Tik Joy will generate and make available to the Merchant a ‘Monthly Cashback Report’ summarizing all rewards distributed to Consumers during such period. This Report includes the total amounts allocated, individual transaction details (ID, date, value, action performed), and a note clarifying that such amounts represent Consumer rewards funded directly by the Merchant. The Report is provided solely for accounting purposes and does not constitute an invoice issued by Tik Joy. Merchants remain exclusively responsible for the fiscal qualification and declaration of such rewards in their jurisdiction.

  5. The Wallet is operated by a licensed payment institution selected by Tik Joy. Tik Joy does not hold, manage, or control any funds deposited by Merchants, which remain under the exclusive custody of the payment institution. Tik Joy’s role is limited to instructing the payment institution to distribute rewards to Consumers according to the rules of this Agreement. 

Merchant Funding Obligation; Irrevocable Payment Covenant.

(a) Unconditional Payment. Merchant irrevocably and unconditionally undertakes to fund, on first demand, all Consumer Rewards (cashback/Rewards) accrued under active campaigns and visible on Tik Joy, as calculated by Tik Joy’s platform pursuant to this Agreement. The accrual of a Consumer Reward constitutes Merchant’s direct payment obligation to the Consumer, to be executed via Tik Joy’s appointed payment partners.

(b) No Advance by Tik Joy. Merchant acknowledges Tik Joy does not advance or guarantee any Rewards from its own funds. Failure by Merchant to fund shall not create any obligation for Tik Joy to pay.

(c) No Set-Off / No Withholding. Merchant shall not withhold, delay, set off, net or otherwise refuse funding of accrued Rewards due to disputes unrelated to the specific Consumer action, chargebacks, internal approvals, or budget constraints.


Funding Shortfall; Cure Timeline.

(a) Funding Thresholds. If Merchant’s Wallet balance falls below the Minimum Funding Threshold communicated in dashboard, Tik Joy may (i) display “Funding Exhausted / Pending Merchant Funding” on the UI; (ii) pause campaigns and payouts.

(b) Cure Period. Upon Tik Joy’s notice (UI banner/email/API webhook), Merchant shall replenish the Wallet within 24 hours (or 4 business hours if campaigns are live and payouts pending).

(c) Auto-Top-Up. If Merchant enabled auto-top-up, Merchant authorizes Tik Joy and/or payment partners to initiate top-ups sufficient to cure the shortfall and cover expected Rewards for the next 7 days (forecasted by platform).

(d) Negative Balance. Any negative balance is immediately due and payable; Tik Joy may debit any stored payment method and charge late interest per Default Remedies.


Contact and Recovery Rights; Data Use.

(a) Tik Joy Notices. In case of funding shortfall or refusal to fund, Tik Joy may send payment demands to Merchant using Merchant’s registered contacts.

(b) Consumer Contact. Where a Reward remains unfunded beyond the Cure Period, Tik Joy and the affected Consumers may contact Merchant directly to request payment or wallet replenishment. Merchant consents to receiving such communications for this limited purpose.

(c) Data Sharing (Minimum Necessary). To facilitate (b), Tik Joy may share with the affected Consumers Merchant’s business contact details and with Merchant the minimum necessary Consumer identifiers (e.g., masked ID or transaction reference) for reconciliation, consistent with Tik Joy’s Privacy Policy and applicable law.

(d) Compliance. Merchant remains responsible for complying with applicable communications/privacy laws when responding; no use of Consumer data beyond payout/reconciliation.

Consumer Claim Direction.
For the avoidance of doubt, the Consumer’s monetary claim for an accrued Reward is against the Merchant. Tik Joy acts as a technology platform and payout facilitator only.

Limitation of Liability for Material Uploaded by the Consumer

  1. Tik Joy shall in no way be liable for the content, data, images, videos or any other material uploaded by the Consumer to the platform. The Consumer assumes full responsibility for the material uploaded and guarantees that such material does not violate any third party rights, including intellectual property, copyright and privacy laws.

 

  1. The Consumer agrees to indemnify and hold Tik Joy harmless from any claim, demand or action made by a third party in connection with the uploaded material. Tik Joy reserves the right, at its sole discretion, to remove or block content that it deems to be in violation of these terms or applicable laws. Tik Joy undertakes to promptly notify the Consumer in case of removal or blocking of content, specifying the reasons for the action. The removal of content may take place without prior notice, and without any liability for any damage or loss suffered by the Consumer.

Limitation of Liabily Clause

  1. Tik Joy shall in no way be liable for any disservices, interruptions, malfunctions or delays in the provision of the service, including, but not limited to, technical problems related to the functioning of the platform, applications, computer systems, JavaScript code installed on the Customer Brand services, or any other technological element provided by Tik Joy. This also includes disruptions resulting from updates, maintenance work, cyber attacks, network errors or third party problems, including social platforms and payment institutions.
  1. Tik Joy does not guarantee that the service will be error-free, nor that its operation will be continuous or uninterrupted. Furthermore, Tik Joy shall not be liable for any direct, indirect, consequential, lost profits, business interruption or other losses arising out of the use or inability to use the service, software or any functionality of the platform.
  2. The liability of Tik Joy is also excluded for any malfunction, damage or loss that occurs on the Customer’s site as a result of the installation or use of the code provided by Tik Joy, including errors or malfunctions caused by incompatibility with other systems or applications used by the Customer.
  3. The above limitations do not apply in cases where the damage is due to wilful misconduct or gross negligence on the part of Tik Joy. In such cases, Tik Joy’s liability shall in any case be limited to direct and foreseeable damage only.
  4. The liability of Tik Joy is also excluded for any malfunction, damage or loss that occurs on the Customer’s site as a result of the installation or use of the code provided by Tik Joy, including errors or malfunctions caused by incompatibility with other systems or applications used by the Customer.
  5. The above limitations do not apply in cases where the damage is due to wilful misconduct or gross negligence on the part of Tik Joy. In such cases, Tik Joy’s liability shall in any case be limited to direct and foreseeable damage only.

Third Party and No Partnership Discalimer

  1. Tik Joy shall in no way be liable for any violations of law, including but not limited to the General Data Protection Regulation (GDPR – EU Regulation 2016/679) or other applicable regulations, breach of contract, inefficiencies or malfunctions caused by third party companies regulating or owning the plugins used by the Tik Joy platform, including but not limited to TikTok and WhatsApp.

 

  1. There is no partnership, collaboration or commercial agreement of any kind between Tik Joy and the companies that own the TikTok and WhatsApp plugins. Accordingly, Tik Joy does not guarantee that such companies will comply with applicable regulations, including the provisions set forth in the GDPR, nor that they will comply with existing contracts between the Customer and such third parties.

 

  1. Tik Joy does not guarantee the continued availability and proper functioning of the plugins provided by these third parties. Therefore, Tik Joy shall not be liable for any interruption, modification, limitation or suspension of service caused by such third party companies. Any dispute or legal issue arising in connection with the use of the TikTok and WhatsApp plugins shall be exclusively between the Customer and the third party companies involved.

Applicable Law

These Terms of Use will be governed by italian law and interpreted in accordance with them

General Provisions

This contract contains all the agreements between the parties and replaces any previous agreement concerning the Service covered by this agreement. Any change will be effective only if it is written at a later date in writing and signed by the parties. Tik Joy Inc. will have the right to assign all or part of this contract or the rights arising from it: the Customer will now give his consent to the transfer. All obligations deriving from this contract are understood to be assumed by the Client for himself, his successors and assignees, jointly and severally indivisible between all.

Subsistence

  1. If one or more provisions of these Conditions of use shoul be deemed invalid, illegal or not applicable, this will not affect the validity, legality and applicability of the remaining provisions, which will continue to have full validity and effectiveness.
  2. Tik Joy may periodically change these Terms of Use. We will send you a notification at least 30 days before the date of entry into force of the new Terms of Use.

Elettronic Communication

We will send information about your account (for example, payment authorizations, invoices, password changes or Payment Methods, confirmation messages, notifications) exclusively in electronic format, for example by email to the address you provided when you registered. 

Conventional Court

The Parties expressly agree that any dispute relating to and / or arising from the interpretation, execution and / or termination of this contract will be the exclusive and binding jurisdiction of the Court of Milan, Italy.