Terms of Use
Apply honestly, be 18+, and know that applying doesn't guarantee a deal. You're never locked into working with us exclusively, and specifics like commission and content rights live in a separate agreement once a collaboration is actually on the table.
These Terms of Use ("Terms") govern your access to and use of the Tovia Agency website, services, creator application forms, and related tools and resources (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, please do not use the Services.
1. About Tovia Agency
Tovia Agency connects creators with potential app collaboration opportunities.
Submitting an application or creator profile to Tovia does not guarantee that you will receive a collaboration, sponsorship, campaign, payment, or other business opportunity.
Tovia may review creator information and contact creators when we believe there may be a relevant collaboration opportunity.
2. Eligibility
You must be at least 18 years old to apply to or use Tovia's creator services.
By using the Services, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.
3. Creator Information
When applying to work with Tovia, you may be asked to provide:
You are responsible for ensuring that the information you provide is accurate and up to date.
Tovia does not require creators to provide additional personal information through the initial creator application unless expressly stated at the time of collection.
4. Collaboration Opportunities
Tovia may contact creators regarding potential collaboration opportunities based on the information provided by the creator.
Contact from Tovia regarding an opportunity does not constitute a guarantee that a campaign or agreement will proceed.
Each collaboration may be subject to separate written terms covering matters such as:
Where applicable, the terms of a specific collaboration will take precedence over these general Terms with respect to that collaboration.
5. Commissions and Fees
Any commission, agency fee, or other compensation payable to Tovia will be established in a separate agreement or collaboration-specific arrangement.
No particular commission structure, percentage, or fee is guaranteed unless expressly agreed to in writing.
6. No Exclusivity
Unless expressly agreed otherwise in a separate written agreement, creators are free to work with other agencies, brands, businesses, or representatives.
These Terms do not create an exclusive representation relationship between Tovia and a creator.
7. Content and Intellectual Property
Unless otherwise agreed in writing, creators remain responsible for the content they create.
For content created specifically as part of a collaboration with Tovia, the applicable collaboration agreement may provide that ownership of the relevant content and associated rights are transferred to Tovia.
Where a transfer of ownership is agreed, the creator agrees to execute any reasonable documents necessary to confirm or effect that transfer.
The specific scope of any copyright assignment, license, usage right, or other intellectual-property arrangement will be governed by the applicable collaboration agreement.
Creators are responsible for ensuring that content they provide does not knowingly infringe the intellectual-property, privacy, publicity, or other rights of third parties.
8. Termination
Either Tovia or a creator may end their relationship or participation in Tovia's creator network at any time.
Termination of the relationship does not automatically cancel obligations that have already been agreed to under a separate collaboration agreement. Any completed, ongoing, or committed campaign may remain subject to its specific contractual terms.
9. Acceptable Use
You agree to use the Services lawfully and responsibly.
You may not:
Tovia reserves the right to restrict, suspend, or terminate access to the Services when reasonably necessary to protect Tovia, its users, its partners, or its systems.
10. Third-Party Platforms
Creators may use third-party social media platforms and services in connection with their relationship with Tovia.
Tovia does not control third-party platforms and is not responsible for their availability, policies, terms, security, or practices.
Your use of third-party platforms remains subject to the terms and policies of those platforms.
11. No Guarantee of Results
Tovia does not guarantee:
Any information, recommendations, estimates, or opportunities communicated by Tovia are provided for general business and collaboration purposes and should not be interpreted as a guarantee of future results.
12. Disclaimer
To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.
Tovia does not guarantee that the Services will always be available, uninterrupted, secure, accurate, or error-free.
To the fullest extent permitted by law, Tovia disclaims warranties of any kind, whether express, implied, statutory, or otherwise, except where such warranties cannot legally be excluded.
13. Limitation of Liability
To the fullest extent permitted by applicable law, Tovia will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost opportunities, or lost data arising from or relating to your use of the Services.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.
14. Privacy
Tovia collects and processes creator information in accordance with its Privacy Policy.
The information collected through the creator application is used primarily to communicate with creators regarding potential collaboration opportunities.
Tovia does not sell creator application information and does not share creator application information with partner brands as part of the standard application process.
For more information about our data practices, please review our Privacy Policy.
15. Changes to These Terms
Tovia may update these Terms from time to time to reflect changes to the Services, business practices, or applicable legal requirements.
The "Last Updated" date at the top of these Terms indicates when they were most recently revised.
Your continued use of the Services after an updated version becomes available constitutes acceptance of the revised Terms to the extent permitted by law.
16. Governing Law
These Terms are governed by the laws of the United States and, where applicable, the laws of the U.S. state of Montana in which Tovia Agency is legally organized, without regard to conflict-of-law principles.
Any dispute arising from or relating to these Terms will be handled in accordance with applicable law and any dispute-resolution provisions contained in a separate written agreement between the parties.
17. Contact
Questions regarding these Terms may be directed to:
Tovia Agency
Legal Email: contact@toviaagency.com
By using the Services, you acknowledge that you have read, understood, and agreed to these Terms of Use.