GETLOUD LLC | Terms of Service

GETLOUD LLC

Last Updated: January 7, 2025

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you”) and GETLOUD LLC, a Florida limited liability company (“GETLOUD,” “we,” “us,” or “our”) governing your access to and use of the GETLOUD platform, website, applications, APIs, and related services (collectively, the “Platform”).

By accessing or using GETLOUD, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Platform Description

GETLOUD is a creator-brand campaign orchestration platform that connects businesses (“Brands”) with independent content creators (“Creators”) for the creation and licensing of user-generated content (“UGC”). GETLOUD provides workflow management, creator discovery, campaign administration, payment facilitation, and performance tracking tools.

GETLOUD is not an employer, agency, or party to creator-brand contracts unless expressly stated in writing.

2. Eligibility

You must be at least 18 years of age and capable of forming a binding legal contract to use GETLOUD.

3. Account Registration

You agree to provide accurate, current, and complete information and to maintain the security of your account credentials. You are responsible for all activities occurring under your account.

4. Independent Contractor Relationship

All Creators using GETLOUD are independent contractors. Nothing in these Terms creates any partnership, employment, joint venture, or agency relationship between GETLOUD and any User.

5. Campaigns and Creator Agreements

Brands and Creators contract directly with each other regarding campaign deliverables, usage rights, compensation, and deadlines. GETLOUD may provide standardized agreements and workflow tools but is not responsible for performance, content quality, or legal compliance of User-generated agreements.

CAMPAIGN PERFORMANCE DISCLAIMER: GETLOUD makes no representations or warranties regarding the success, performance, reach, engagement, conversion, or return on investment of any campaign facilitated through the Platform. Campaign outcomes depend entirely on factors outside GETLOUD’s control, including Creator performance, Brand strategy, market conditions, and platform algorithms. GETLOUD shall not be liable for any failure of a campaign to meet a Brand’s or Creator’s expectations or business objectives.

6. Payments Between Brands and Creators

GETLOUD does not process, facilitate, hold, transfer, or intermediate payments of any kind between Brands and Creators. All financial transactions, compensation arrangements, invoicing, and payment logistics are negotiated and handled exclusively and directly between the Brand and Creator as independent parties.

PAYMENT DISCLAIMER: GETLOUD has no role in, and assumes no responsibility for, any payment made or owed between a Brand and a Creator. GETLOUD is not a payment processor, escrow agent, or financial intermediary of any kind. Any payment disputes, non-payment, delayed payment, or compensation disagreements are strictly between the Brand and Creator and must be resolved directly between those parties. GETLOUD shall not be liable for any financial loss arising from a Brand’s or Creator’s failure to meet payment obligations.

TAX DISCLAIMER: Each User is solely and exclusively responsible for all tax obligations, reporting, withholding, and compliance arising from their own business activities and any compensation received or paid in connection with campaigns. GETLOUD does not issue tax forms of any kind and is not a withholding agent. Users are strongly encouraged to consult a qualified tax professional regarding their individual obligations.

8. API Access and TikTok Integration

GETLOUD may integrate with TikTok and other third-party APIs. Users authorize GETLOUD to access and process account data strictly for platform functionality. GETLOUD complies with TikTok Open API data handling, storage, and revocation requirements. Users may revoke API permissions at any time.

GETLOUD adheres to the “Principle of Data Minimization,” requesting only the minimum permissions necessary. We do not sell, license, or purchase data obtained via third-party APIs. Users may request permanent deletion of their integrated data at any time by contacting support; GETLOUD will process such requests and notify the relevant platform (TikTok/Meta) within 30 days. We do not cache platform data for longer than necessary to provide the Service and will refresh all API-sourced data in accordance with the platform’s developer policies.

For complete information regarding data collection, use, and your privacy rights, please refer to the GETLOUD Privacy Policy, available at getloudagency.com/privacy.

9. Acceptable Use

You agree not to:

Post unlawful, infringing, deceptive, or abusive content
Misrepresent identity, metrics, or campaign results
Scrape, reverse engineer, or misuse API access
Engage in fraud or artificial engagement

GETLOUD does not currently charge platform fees or process payments. Users agree not to misrepresent their use of the Platform, abuse access for competitive intelligence, or engage in any conduct that undermines the integrity or business relationships facilitated through GETLOUD.

10. Content Moderation & Removal

GETLOUD reserves the right to remove, restrict, or disable access to any individual piece of content at any time, without notice, if GETLOUD determines in its sole discretion that such content violates these Terms, applicable law, or poses a risk to the integrity of the Platform or third parties. Content removal does not constitute termination of a User’s account and does not entitle Users to any refund or compensation.

11. Intellectual Property

Users retain ownership of their content unless licensed via campaign agreements. GETLOUD is granted a limited license to host, display, and distribute content solely to operate the Platform.

12. Termination

GETLOUD may suspend or terminate access at any time for violation of these Terms, risk to platform integrity, legal exposure, or compliance obligations.

13. Force Majeure

GETLOUD shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, government action, war, labor disputes, internet or third-party platform outages (including TikTok, Meta, or Stripe service disruptions), natural disasters, pandemics, or failures of third-party APIs or infrastructure. In such events, GETLOUD will use commercially reasonable efforts to resume normal operations as soon as practicable.

14. Disclaimers

THE PLATFORM IS PROVIDED “AS IS.” GETLOUD DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GETLOUD MAKES NO GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GETLOUD SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID TO GETLOUD IN THE PRIOR 6 MONTHS.

16. Indemnification

You agree to indemnify and hold GETLOUD, its officers, directors, employees, and agents harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your use of the Platform, your content, or your violation of these Terms.

17. Governing Law & Arbitration

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

All disputes shall be resolved by binding arbitration in Palm Beach County, Florida, in accordance with the rules of the American Arbitration Association. Each party waives the right to a jury trial.

Arbitration Opt-Out: You may opt out of binding arbitration within 30 days of first accepting these Terms by sending written notice to [email protected]. If you opt out, disputes shall be resolved exclusively in the state or federal courts located in Palm Beach County, Florida.

18. Synthetic Media Disclosure & Platform Compliance

Creators must clearly disclose the use of Generative AI or “Synthetic Media” in any deliverables where the content was substantially altered or created by AI (e.g., cloned voices or deepfake visuals). All such content must comply with the transparency labeling requirements of the destination platform (e.g., TikTok’s “AI-generated” label).

19. Copyright Infringement & DMCA Notice Procedure

GETLOUD follows the Digital Millennium Copyright Act (DMCA) safe harbor. If you believe any content on the Platform infringes your copyright, please submit a notice-and-takedown request to our registered agent at [email protected].

20. Modifications

GETLOUD may modify these Terms at any time with reasonable notice to Users. Continued use of the Platform following notice of modifications constitutes acceptance of the revised Terms.

21. Contact

GETLOUD LLC

Phone: 772.643.4522

Email: [email protected]

State of Incorporation: Florida, United States