Terms of Service

Effective date: 20 May 2025

These Terms of Service ("Terms") form a legally binding agreement between TokPortal, a French micro‑enterprise registered under SIRET 884 450 297 00038 and having its registered office in France ("TokPortal", "we", "our" or "us"), and any person or entity who accesses or uses the TokPortal websites (tokportal.com, app.tokportal.com) or related services (collectively, the "Platform").

By creating an account, posting a Listing, accepting a Mission, clicking “I agree” or otherwise using the Platform, you agree to be bound by these Terms and confirm that you have read, understood and accepted them in full. If you do not agree, you must not use the Platform.

1. Definitions

Term Meaning‍

Account Manager ("AM" or Community Manager)

A natural or legal person aged 18 years or older who offers social‑media account creation, upload and/or management services via the Platform.

‍Client

‍A natural or legal person who posts a Listing requesting social‑media services and pays for a Mission.

‍Listing ("Listing Bundle")

A request posted by a Client for: (i) creation of a TikTok account ("Account Listing"), (ii) uploading one or more videos ("Video Listing"), or (iii) both, for a specified target country.

‍Mission

‍The contract for services that arises when an AM accepts a Listing.

‍Order

‍A Client’s payment of the total price displayed for a Listing.

‍TokMail

‍Auto‑generated e‑mail addresses ending in @tok-mail.com provided solely to facilitate account creation; their use does not confer any ownership of the corresponding social‑media accounts upon TokPortal.

2. Role of TokPortal

1. Marketplace only. TokPortal is a neutral online marketplace that merely facilitates the introduction of Clients and Account Managers. TokPortal is not a party to any Mission, nor does it act as employer, contractor, agent, representative, joint‑venture partner or guarantor of either party.
2. No editorial control. TokPortal does not create, review, approve or control (a) Listings, (b) content supplied by Clients or AMs, or (c) content uploaded to third‑party platforms such as TikTok. Each Client and AM is solely responsible for ensuring that all content and activities comply with applicable law and the terms of the relevant social‑media platform.
3. Notice & takedown. In accordance with Article 16 of the EU Digital Services Act (Regulation (EU) 2022/2065) and the United States Digital Millennium Copyright Act (17 U.S.C. §512), TokPortal operates a notice‑and‑takedown mechanism. Alleged illegal content may be reported to team@tokportal.com. Upon receipt of a valid notice, we may remove or disable access to the disputed content and/or suspend the relevant account.

3. Eligibility and Account Registration

1. Age. AMs must be at least 18 years old. Clients who are minors must obtain consent from their legal guardian before using the Platform.
2. Account information. You must provide accurate and complete information and keep it up to date. You are responsible for safeguarding your login credentials and all activities under your account.
3. Verification. We may request identity or business‑registration documents and suspend or terminate accounts if information is false or incomplete.

4. Listing and Mission Rules

1. Creating Listings. Clients may create Listings specifying the requested service, target country, deliverables, deadline and any specific instructions.
2. Accepting Missions. AMs may browse Listings relevant to their declared country(ies) of operation and accept Missions at their discretion. Acceptance forms a binding contract between Client and AM in accordance with these Terms and any Listing details.
3. Service standard. AMs shall perform each Mission with reasonable skill and care, in accordance with (i) the Listing, (ii) the policies of the target social‑media platform, and (iii) all applicable laws and regulations.
4. Completion & validation. A Mission is deemed completed when the AM marks it as delivered and the Client validates the deliverables, or automatically 7 days after delivery if the Client has not responded (whichever occurs first).

A Mission is deemed completed when the AM marks it as delivered and the Client validates the deliverables, or automatically 7 days after delivery if the Client has not responded (whichever occurs first). If no action is taken by the Client within 7 calendar days, the Mission will be considered approved without possibility of dispute or appeal, and the associated deliverables will be treated as final and complete.

For tasks involving account creation or video publication, if a Mission is automatically approved, the target date for publication will be automatically set at a minimum of 3 days following the approval. If the Client wishes to modify this automatic scheduling, they must contact support@tokportal.com with a formal request.

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5. Payments, Fees and Taxes

1. Order and escrow. Upon placing an Order, the Client’s payment method is charged the full price. TokPortal collects these funds via Stripe and holds them on behalf of the parties until completion.
2. Commission. TokPortal retains 60 % of the Order amount as a platform fee. The remaining 40 % ("AM Share") is paid to the AM via Stripe transfer within approximately one week after completion.
3. Currency & taxes. Prices are shown and payments processed in euros (EUR) unless stated otherwise. Each AM is solely responsible for reporting and paying all taxes, social‑security contributions and other mandatory charges arising from their earnings.
4. Chargebacks. If a Client’s payment is reversed, TokPortal may (i) deduct the corresponding amount from future payments to the AM, and/or (ii) pursue reimbursement directly from the AM.

Refund policy

Any request for a refund must be submitted to support@tokportal.com within 30 calendar days of the original payment date. The request must clearly articulate a legitimate reason indicating a failure to deliver the agreed Mission. Refunds will not be processed for causes that do not involve an explicit and demonstrable failure of service.

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6. Consumer Right of Withdrawal (EU Clients only)

1. Pursuant to Article L.221‑18 of the French Consumer Code, an EU Client who qualifies as a consumer has 14 days to withdraw from a distance contract. However, if the Mission is fully performed within the withdrawal period or the Client has expressly requested immediate performance and acknowledged the waiver of the right of withdrawal, the right is lost.
2. Practically, a Client may request cancellation until the earlier of (i) validation of the Mission, or (ii) automatic completion (7 days after delivery). After that, cancellation is no longer possible.
3. To exercise the right, the Client must contact support@tokportal.com with the Order ID before the above deadline.

7. Content and Conduct

1. Prohibited content. It is forbidden to upload, request or facilitate the publication of content that is illegal, defamatory, obscene, hateful, infringing, misleading, or otherwise violates any law or the policies of TikTok or any other target platform.
2. AM diligence. AMs must independently verify that all content provided by the Client complies with applicable law and platform rules before posting.
3. Suspension/removal. TokPortal may remove content, suspend or terminate accounts, and refuse future access to the Platform at its sole discretion if these Terms are breached.

Responsibility for content

‍In no case shall TokPortal be held responsible for the content posted on TikTok (or any other platform) by a Community Manager on behalf of a Client. Clients are solely responsible for ensuring that the content complies with all applicable laws and the platform's terms of use. Any violation that results in account restriction, removal, or banning due to breach of TikTok's content guidelines shall not entitle the Client to any refund or compensation.

Reporting errors. In case of any error in the content posted, the Client must use the Platform's correction request feature to notify the assigned Community Manager. If further assistance is needed, Clients must also inform TokPortal by emailing support@tokportal.com.

8. Intellectual Property

1. Ownership of deliverables. Except as expressly agreed otherwise in a Listing: (a) the Client owns all rights in the TikTok account(s) and video(s) created under a Mission upon full payment; (b) the AM assigns all transferable intellectual‑property rights to the Client and waives any moral rights to the extent permitted by law.
2. TokPortal IP. TokPortal and its licensors retain all rights in the Platform, trademarks, logos and software. No licence is granted except to use the Platform in accordance with these Terms.

9. Data Protection

Personal data are processed in accordance with our Privacy Policy, which is incorporated by reference. The Privacy Policy complies with the EU General Data Protection Regulation (GDPR) and, where applicable, the California Consumer Privacy Act (CCPA).

10. Disclaimer of Warranties

The Platform is provided “as is” and “as available.” To the fullest extent permitted by law, TokPortal disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, non‑infringement, and availability without interruption or error.

11. Limitation of Liability

1. TokPortal’s total liability, whether in contract, tort (including negligence) or otherwise, shall not exceed the greater of (a) EUR 100 or (b) the total fees paid by the Client to TokPortal in the 12 months preceding the event giving rise to the claim.
2. TokPortal shall in no event be liable for any indirect, consequential, punitive or special damages, including lost profits, loss of data or business interruption.
3. Nothing in these Terms excludes liability for death or personal injury caused by gross negligence or fraud, or any liability that cannot be excluded under mandatory law.

12. Indemnification

You agree to defend, indemnify and hold harmless TokPortal, its owners, directors and employees from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to: (i) your use of the Platform; (ii) any content you post or upload; (iii) your breach of these Terms; or (iv) your violation of any law or third‑party rights.

13. Termination

TokPortal may suspend or terminate your account and/or access to all or part of the Platform at any time, with or without notice, for (i) breach of these Terms, (ii) suspected fraud or illegal activity, or (iii) any other reason deemed appropriate in our sole discretion.

14. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them are governed by French law. The courts of Paris, France shall have exclusive jurisdiction, without prejudice to any mandatory rights you may have as a consumer to bring proceedings in your local jurisdiction.

For U.S. users, TokPortal is an interactive computer service provider under 47 U.S.C. §230; you agree that TokPortal shall not be treated as the publisher of third‑party content.

15. Updates to the Terms

We may amend these Terms from time to time. Changes will take effect upon posting on the Platform or upon notice to you. Your continued use of the Platform after any change constitutes acceptance of the revised Terms.

16. Miscellaneous

1. Entire agreement. These Terms constitute the entire agreement between you and TokPortal and supersede all prior understandings.
2. Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force.
3. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.
4. No waiver. Failure to enforce any provision shall not constitute a waiver of future enforcement.

17. Special Terms for "Account Managers" (or "Community Managers")

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17.1. Legal status. As an Account Manager (AM) on TokPortal, you are registering as a self-employed individual or company offering community management services. You are not an employee of TokPortal. You are acting as an independent service provider and you are responsible for all legal, fiscal and social obligations in your country of residence.

17.2. Content verification. You are fully responsible for verifying the compliance of any content you post (on TikTok or other platforms) with the terms and conditions of those platforms as well as local laws. This includes, but is not limited to, avoiding copyright infringement, misinformation, or prohibited content.

17.3. Payment terms. Your payment, consisting of your share ("AM Share"), is typically issued via PayPal within 7 business days after Mission completion. In the event of a delay, omission or suspected error, you must contact managers@tokportal.com. TokPortal reserves the right to adjust payouts in case of chargebacks, fraud, or other account irregularities.

17.4. Legal safeguards. TokPortal is not liable for any income, tax declarations or administrative requirements related to your AM activity. You agree to fully indemnify TokPortal against any legal consequences resulting from your failure to fulfill these obligations.

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18. Contact

For questions, complaints or legal notices, please contact:

TokPortal

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SIRET NUMBER: 884 450 297 00038
75007, Paris, France

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E‑mail: team@tokportal.com
Support: support@tokportal.com
‍Manager inquiries: managers@tokportal.com

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