Terms of Service

These Terms govern your use of the OverTake website and platform. By creating an account or placing an order, you agree to them. The binding terms are presented in the application at sign-up; this page is the plain-language version of the same rules.

What OverTake is

OverTake is an independent creator-marketing agency and platform. We help brands run TikTok campaigns: shortlisting and booking creators, producing content, ordering managed US TikTok distribution where eligible, and handling approvals, rights and creator payments in one place.

We are not affiliated with, endorsed by, or an official partner of TikTok. We do not sell platform access, and nothing we provide grants any special standing with TikTok or any other platform.

Accounts

• You must be able to enter a binding contract, and you are responsible for what happens under your account.
• Each workspace belongs to one brand. Sharing a login across unrelated businesses is not permitted.
• Keep your credentials secure and tell us promptly if you think they have been compromised.

Orders and payment

Billing is per order, campaign or service, in USD. You see an itemised total before you pay: creator fees, the OverTake campaign fee, any managed distribution or AI credits, taxes, and any agency retainer.

• Funds are recorded as funded at checkout, and fulfilment begins from that point.
• A creator’s payment becomes eligible once the agreed milestone is approved, and is issued through our payment provider after any required verification.
• Warmed-account subscriptions bill monthly until cancelled.
• Cancellation and refund rules are set out in Cancellation & Refunds.

Your responsibilities

• Your product claims, and any asset, script or brief you supply, are yours. You warrant you have the right to use them and that they are accurate and lawful.
• You are responsible for your campaign’s compliance with advertising, consumer-protection and sector-specific law in the markets you sell in.
• You must not use OverTake for anything in the Content & Community Policy’s prohibited list.

Content, rights and review

Usage rights are explicit and agreed before work starts: scope, duration and territory, all set out in Rights & Usage Terms. Creators must accept those exact terms before accepting a job. Everything delivered or posted is subject to our content review, and creators disclose paid partnerships as described in the Creator Disclosure Guidelines.

No guarantees

Accounts we build are handed over to you, but TikTok controls the platform and can suspend or remove any account at any time. We do not promise account permanence, reach, algorithmic advantage, installs, sales, GMV, or any other platform outcome. Results depend on the product, the creative, the audience and platform dynamics we do not control.

Liability

The service is provided as described, without implied warranties beyond those that cannot be excluded by law. To the extent the law allows, our total liability for any claim is limited to the amount you paid us for the order the claim relates to, and we are not liable for lost profit, lost revenue or indirect loss. Nothing here limits liability that cannot lawfully be limited.

Suspension and termination

You can stop using the platform at any time; open orders are settled under the cancellation policy. We may suspend or close an account for non-payment, for a breach of these Terms or the content policy, or where continuing would put us, a creator, or a platform relationship at risk. Where we can, we will tell you why and give you a chance to fix it first.

Changes

We may update these Terms. Material changes will be notified in the application before they take effect, and the date at the top of this page always reflects the current version.

Contact

Questions about these Terms: piyushh@tokgency.com.