Gyxen’s Terms of Services
This is an agreement between you and Gyxen Media, including but not limited to Gyxen Pte. Ltd. and its affiliates who are operating https://gyxen.com (“Gyxen Media” or “we”). Please read these Terms of Services, and the other applicable rules, policies, and terms available at the https://gyxen.com website. By using the Services, you agree to be bound by the terms of this Agreement on behalf of yourself and your company and others who use Services under your account. If you do not accept the terms of this Agreement, then you may not use the Services. Your use of any of the Services is subject to any additional rules, policies, and terms that apply to those Services.
For the purpose of these Terms of Services:
“Services” means the provision of TikTok Software, Digital Content, and support and other available resources that TikTok and Gyxen Media provide to you. Gyxen Media is an Agency of TikTok Pte. Ltd. under Framework Agreement dated 25 June 2021. Gyxen Media will help you to create advertising accounts under Gyxen Media’s Agency account and provide related support that allow you to run such advertising accounts for your business purpose.
“Website” means https://gyxen.com
“TikTok Software” means all software TikTok makes available to you for use and you must comply with all policies of TikTok, and Gyxen Media shall not be responsible for any resources when you are using TikTok as advertising channels.
“Digital Content” means digitized content (including third-party content), such as videos, music, apps, games, skills, photos, audio, books, newspapers, magazines, and related features and functionality.
We reserve the right to update and change the Terms of Services by posting updates and changes to the Website. You are advised to check the Terms of Services from time to time for any updates or changes that may impact you, and if you do not accept such amendments, you must cease using the services. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
You must read, agree with and accept all of the terms and conditions contained or expressly referenced in these Terms of Services before you access the Website and use our Services.
Use of Services
To use services, you must follow the following requirements and processes:
a. Requirements
By agreeing to these Terms of Services, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Services.
You shall not use our Services for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any malwares or viruses or any code of a destructive nature.
The website does not contain discrimination content on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
b. Our working process of using Services
Step 1. You must have a TikTok account first by registering at the website https://www.tiktok.com/signup
Step 2. Gyxen Media will create advertising accounts under Gyxen Media’s Agency account, and then Gyxen Media will link your TikTok Account to such advertising accounts. You may be allowed to have more than one advertising account.
Step 3. To use advertising accounts, you must transfer the advertising budget to our Payment Account, and then we shall top-up the advertising budget to your advertising accounts.
Step 4. You can use advertising accounts for your business purpose as long as your activities will comply with the Terms of Services, TikTok’s policies and applicable Laws.
Please Note: Gyxen Media will not be held responsible if customers intentionally violate the following rules:
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Deploying products or services without obtaining prior approval from Gyxen Media.
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Running prohibited products, such as weight loss, endocrine, sexual health, breast augmentation, MLM, financial, gambling, etc.
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Advertisers engage in spam actor/bad actor activities.
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Altering landing page content, running landing pages featuring individuals wearing badges, doctors, third-party logos, or having redirect links that violate unauthorized product guidelines.
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Users associated with ad accounts that have a history of policy violations, engage in system evasion, or intentionally fail to pay advertising expenses will have their accounts suspended without refunds.
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Violating TikTok’s policies: https://ads.tiktok.com/help/article/advertising-on-tiktok-first-things-to-note?lang=en#anchor-0
General Conditions
We reserve the right to refuse anyone for any reason at any time.
By using the Services, you agree, without limitation or qualification, to be bound by, and to comply with, TikTok’s policies and these Terms of Services and any other posted guidelines or rules applicable to any website where this Terms of Services is found. We may make improvements and/or changes to the Website at any time. Although we attempt to periodically update information on the Website, the information, materials and services provided on or through the Website may occasionally be inaccurate, incomplete or out of date. We do not have a duty to update information contained in the Website, and we will not be liable for any failure to update such information.
We understand that your TikTok account and all activities of the advertising accounts, including but not limited to spending advertising budget, content, photo, video, music and products, are owned and managed by you, thus you must be solely responsible for all activities happening to your account and advertising accounts.
Right and Responsibility
a. Gyxen Media’s right and responsibility.
i. Receive service fee in full as mentioned in Payment Policy.
ii. Support you to handle all issues regarding providing advertising accounts.
iii. Suspend or close any advertising accounts in case you do not comply with TikTok’s policies and violate any terms as listed down in the Website. Any signs of violating TikTok’s policies include but not limited to rejection of campaign or receiving of warning letters from TikTok or advertising accounts are locked (TikTok’s policies as specified in this link https://ads.tiktok.com/help/article?aid=9550 ). In case TikTok or Gyxen Media give you a time period to adjust any issues incurred by your mistakes, and if you still fail to comply with it, Gyxen Media has the right to stop providing services to you.
iv. Receive the compensation of 200 USD if your advertising accounts are suspended. The compensation shall be deducted from your balance account. In case your balance account is not enough for this compensation, you must transfer money to us until we receive the full amount of 200 USD.
v. Top-up to Advertising Accounts within 6 working hours when Gyxen Media receives an advertising budget.
vi. Consult and support you to set up TikTok Account and advertising accounts.
vii. Update trending songs in market
viii. Active beta function to you.
ix. Review campaigns and appeal campaigns if they meet appealed requirements.
x. Refund the balance in advertising accounts to you within 2 business days if you stop using advertising accounts. (please visit Payment Policy and Refund Policy to know about refunding the balance).
xi. Transfer balances between advertising accounts in accordance with TikTok’s policy.
xii. Keep confidential information in accordance with the TikTok’s policy and in accordance with the applicable Laws.
xiii. Gyxen has the right to disable and remove the ads in case of violating Gyxen and TikTok Ad Policy.
xiv. If you intentionally create multiple accounts on the system, Gyxen Media reserves the right to block all violating accounts without prior notice.
xv. Gyxen has the right to revoke inactive accounts that have had no spending activity for 30 days. Once the ads account has been revoked, all assets belonging to the ad account will be inaccessible.
b. Your right and responsibility
i. Be provided advertising accounts by Gyxen Media.
ii. All support from Gyxen Media when you use Services, including but not limited to top up advertising accounts, active functions and other support to manage advertising accounts stably.
iii. Be refunded the balance if you stop using advertising accounts.
iv. Comply with TikTok’s policies ( https://ads.TikTok.com/help/article?aid=9552 and https://ads.TikTok.com/help/article?aid=9550 ) and all terms as set out in the Website v. Transfer advertising budget and service fee to Gyxen Media’s payment account to top-up advertising accounts.
vi. Shall not share or transfer or disclose the provided TikTok Account and advertising account information for any purpose to any third party, and you must be solely responsible for your activities happening with your accounts and other accounts managed by Gyxen Media because of your fault.
vii. Keep confidential information in accordance with the TikTok’s policy and the applicable Laws.
Termination
Your rights under this Agreement will automatically be terminated without notice if you fail to comply with any of its terms. In case of such termination, Gyxen Media may immediately revoke your access to the advertising accounts. For this circumstance, in accordance with case by case, you may not receive any balance from Gyxen Media.
In case you request to stop using one or all advertising accounts, the remaining balance shall be refunded to you or transferred to active advertising accounts within 2 business days if there are no issues incurred from your activities.
Dispute
Any dispute or claim arising from or relating to this Agreement is subject to the dispute resolution, governing law, disclaimer of warranties, limitation of liability, and all other terms in the Website.
Disclaimer of warranties and limitation of liability
Disclaimer of Warranties and Limitation of Liability. All products or resources are developed and manufactured by TikTok and third parties , and we have no responsibility or liability for any aspect of your activities except our providing services. Without limiting the Disclaimer of Warranties and Limitation of Liability terms in the Website, unless otherwise required by applicable law, in no event will our or our licensors’ aggregate liability with respect to any claim arising from or related to this Agreement or your use of the our Services exceed fifty dollars ($50.00).
TikTok Ads Spam/Suspicious Violation
There is an ad violation called “Spam/Suspicious” which was explained for 2 main reasons:
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Advertisers did advertise on TikTok in the past and had the suspended ad account with any violation detected -> TikTok could keep reviewing and detecting those advertisers and suspend the new ad account they use to submit their ads to prevent them from having any violation action towards TikTok users.
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Advertisers are using the creatives (product/image/video/ or any URL information) related to TikTok bad actors that had the scam/violating ads as delivery inconsistent/non-ship/data theft/fraud scam for TikTok users with those creatives. -> All the advertisers using similar creatives will be prevented from TikTok ads by suspending the ads account delivered or submitting those creatives.
If you (Gyxen client) did advertise on TikTok before with any suspending ad account (your old ad account), please tell us so that we can guide you to protect your benefits or even say “no” to avoid any risk for you and your money. If you do not want to inform us in advance and keep submitting your ads, when TikTok detects your violation and suspends our agency ad account, you will lose all your remaining balance on the ad account (because TikTok would freeze it and nobody could withdraw). We could also charge you for compensation due to impacting your business. The agency having many ad accounts will lower Gyxen’s reputation and benefits as a TikTok Agency Partner.
Governing law
These Terms of Services and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Singapore.
Changes to terms of service
You can review the most current version of the Terms of Services at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Services by posting updates and changes to our Website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.”
Price and other payment terms
Please visit the Payment Policy and refund policy to update our policy
Contact information
For help with the Services or resolving other related issues, please contact Customer Service at email: support@Gyxenmedia.com
