Tweaktm Terms of Service

Welcome to Tweak!

What is Tweak? Tweak is a marketplace platform for services requested by Buyers and performed by Designers.

The following terms and conditions (these “Terms of Service”), govern your access to and use of the Tweak website, including any content, functionality and services offered on or through www.GetTweak.com (the “Site”) and the Tweak app (the “App”) available on app stores via the download link located on the Site, by Tweak World s.r.o. (Czech republic (Company ID: 047 32 669. Address: Moravska 30, 120 00, Prague 2, the Czech republic).

By using the Site or the App, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site or the App. For more detailed policies surrounding the activity and usage on the Site or the App, please access the designated articles below.

This Site and this App are offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the App. By using this Site and this App, you represent and warrant that you are of legal age to form a binding contract with Tweak and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site or the App.

Definitions

Tweaks are photo-retouching services offered on the Tweak marketplace accessible via the App and the Site.

Designers are users who offer and perform photo-retouching services through Tweaks on Tweak.

Buyers are users who purchase photo-retouching services on Tweak.

Tweak Page is where the Designers show the result of their Tweaks, and the Buyers can purchase the Tweaks and create an order.

Orders are the formal agreement between a Buyer and a Designer after a purchase was made using the in-app purchase functionality of the Buyer’s phone.

Disputes are disagreements experienced during an order between a Buyer and a Designer.

Revenue is the money Designers earn from completed orders.

How it Works

  • Most Tweaks on Tweak are offered at a base starting price of $0.99. Tweaks are also offered at a base price of more than $0.99.
  • Only registered Designers may sell on Tweak. Registration is free.
  • Buyers can preview the Tweak on the Tweak Page before creating an Order.
  • For fees and payments please read the Purchasing section below.
  • Designers gain account statuses (Karma) based on their performance and reputation. Higher Karma provide their owners with benefits, including receiving in priority Tweaks requests of higher prices
  • Designers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders too often will affect Designers’ Karma and might lead to the deletion of the Designer’s account.
  • Users may not offer or accept payments using any method other than placing an order through the App and the Site.
  • Buyers are granted all rights for the delivered Tweaks. Designers waive all rights for the delivered Tweaks.
  • We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service.

BUYERS

Basics

  • Each Tweak costs $0.99 paid directly via an in-app purchase of your app store provider.
  • We do not keep a copy of your Tweak after the order has been made.
  • We do not keep any right on the delivered Tweaks.

Purchasing

  • Buyers pay Tweak to create an Order from a Designer’s Tweak page, using the in-app purchase feature of their mobile phone.
  • You may not offer Designers to pay, or make payment using any method other than through the Site and the App.

Ordering work using tweak

Basics

  • Once payment is confirmed, your Tweak photo will be made available on your phone.
  • An order is marked as complete after the order is purchased by a Buyer.

Handling Orders

  • When a Buyer orders a Tweak, the Designer is notified by a notification on the Site while logged into the account.
  • Designers are required to estimate the delivery time.
  • Designers must send back completed files via the Site to mark the order as Delivered.
  • Users are responsible for scanning all transferred files for viruses and malware. Tweak will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
  • A Designer may cancel an order without the Buyer’s consent at any given moment.
  • A Buyer who will repeatedly reject Tweaks might have his account revoked.
  • Tweak does not refund payments made via your payment provider.

DESIGNERS

Basics

  • Each Tweak cost $0.99 and can go up to $19.99.
  • Some Tweak can take seconds to perform up to 5 minutes maximum.
  • The more Buyers buy your Tweaks, the more Karma you earn, the most profitable Tweaks you get.
  • Payment by the Buyer is made via a standard in-app purchases in the App on the Apple and Google app store
  • The revenue is split between your in-app purchase provider (30% to Apple or Google), the Tweak platform (30%) and you (40%).
  • Each order you sell and successfully complete accredits your account.
  • Tweak accredits Designers once an order is completed. See our “Orders” section for a definition of a completed order.
  • Payments are made within 45 days of the last day of the month to the Designer’s Paypal account because this is when Apple and Google pay us.
  • Withdrawals from your account may become disabled upon review of our Customer Support team. This may be done for security concerns in order to prevent fraudulent transactions, reported poor performance or violations to our Terms of Service from Buyers to our Customer Support team, or if another Tweak profile is associated to the same withdrawal providers. Enabling withdrawals will be evaluated by our Customer Support team following a review of your account.
  • The Designer’s Karma is calculated in real-time based on multiple parameters including correct time estimations. High ratings allow Designers to obtain advanced Karma (see Karma below).

Karma

Tweak is all about helping Designers leverage their skills. We seek to empower top performing Designers with helpful tools to grow their business. For Designers who deliver on time and maintain high quality and ratings, Tweak may reward them with new statuses, special opportunities, benefits, and tools that come with it.

  • Tweak Designers gain Karma points based on their activity, performance and reputation.
  • Advancement in Karma is updated in real-time by an automated system.
  • Designers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Karma points and the benefits that come with it. For example, late deliveries, warnings to the Designer’s account and cancellations can cause a Designers to move to a different Karma level.
  • Advanced levels provide their owners with additional benefits, including receiving Tweaks for higher prices
  • Designers are required to estimate the delivery time. Failing to do so will allow the Buyer to cancel the order when an order is marked as late and may harm the Designer’s Karma.
  • A Designer may cancel an order without the Buyer’s consent at any given moment. However, this will have a negative effect on theDesigner’s Karma.

Tweaks

  • Tweaks created on Tweak are User Generated Content.
  • Tweaks may be removed by Tweak for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:
    • Illegal or Fraudulent services, Copyright Infringement, Trademark Infringement
    • Copyright Infringement, Trademark Infringement reported through our Intellectual Property Claims Policy
    • Adult oriented services, Pornographic, Inappropriate/Obscene
    • Intentional copies of Tweaks
    • Spam, Nonsense, or Violent Tweaks
    • Tweaks misleading to buyers, including violations of third party terms of service
    • Reselling of regulated goods
  • Tweaks that are removed for violations mentioned above, may result in the removal of the Designer’s account.
  • Tweaks that are removed for violations are not eligible to be restored or edited.
  • URLs in your Tweak text that redirect to third party websites are considered inappropriate use on Tweak.

How you get paid

  • To receive your revenue, you must have an account with Paypal.
  • Your Tweak profile can be associated with only one Paypal account
  • Revenues are sent to your Paypal within 45 days of the last day of the month as long as they are over $5.

USERS CODE OF CONDUCT

Tweak enables people around the world to edit, sell, purchase and share work done via Tweaks to your photographs. Services offered on Tweak reflect the diversity of an expanding Tweak economy. Members of the Tweak community communicate and engage through orders via the App.

Basics

  • To protect Users’ privacy, Users identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Tweak in order to circumvent or abuse the Tweak messaging system or Tweak platform is not permitted.
  • Tweak does not provide any guarantee of the level of service offered to Buyers by Designers.
  • Tweak does not protect users who interact outside of the Tweak platform or that are actively violating our Terms of Service.
  • All information and file exchanges must be performed exclusively on the Tweak’s platform.
  • Rude, abusive, improper language, or violent messages sent to Users will not be tolerated and may result in an account warning or the suspension/removal of your account.

How to report Violations

If you come across any content that may violate our Terms of Service, you should report it to us via the Site. All cases are reviewed by our Customer Support team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

About Warnings for Violation to Tweak’s Terms of Service

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Customer Support team. A warning will be sent to the user’s email address. Warnings do not limit account activity, but can lead to your account becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – Tweak does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on Tweak should be friendly, constructive, and professional. Tweak condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals.

Phishing and Spam – Tweak takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members’ privacy by not contacting them for commercial purposes without their consent.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided via an Order via the App. Designers further confirm that whatever information they receive from Buyers, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Tweak will not be protected by our Terms of Service. Designers agree to delete from their computer any file received via the Tweak marketplace after performing the requested Tweak whether or not they received payment for the Tweaks.

Intellectual Property Claims – Tweak will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed below.

Fraud / Unlawful Use – You may not use Tweak for any unlawful purposes or to conduct illegal activities.

About Abuse and Spam

Multiple Accounts – Users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Tweak community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Tweak’s Terms of Service is cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Tweak. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Tweak accounts.

General Terms

  • Tweak reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Site or the App.
  • Violation of Tweak’s Terms of Service may get your account disabled permanently.
  • Users with disabled accounts will not be able to sell or buy on Tweak.
  • Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
  • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  • Designers will be able to withdraw their revenues from disabled accounts after a safety period of 55 days, from the day of the last cleared payment received in their account and subject to Tweak’s approval.
  • Disputes should be handled by contacting Tweak Customer Support.
  • Tweak may make changes to its Terms of Service from time to time. When these changes are made, Tweak will make a new copy of the terms of service available on this page.
  • You understand and agree that if you use Tweak after the date on which the Terms of Service have changed, Tweak will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Tweak by our users (Buyers and Designers) is User Generated Content. Tweak does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, Tweak is not responsible for the content, quality or the level of service provided by the Designers. We provide no warranty with respect to the Tweaks, their delivery, and any communications between Buyers and Designers.

By providing its services, the Designer undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service or services offered on Tweak.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our 3. Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Who Owns What?

When the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the Designers.

Designer waives any and all moral rights therein. All transfer and assignment of intellectual property to Buyer shall be subject to full payment for the work and the delivery may not be used if payment is cancelled for any reason. Designers further confirm that whatever information they receive from the Buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the Buyer.

Disclaimer of Warranties

YOUR USE OF THE SITE OR THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE APP IS AT YOUR OWN RISK. THE SITE OR THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TWEAK NOR ANY PERSON ASSOCIATED WITH TWEAK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE APP.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL TWEAK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE OR THE APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR THE APP OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR THE APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

These Terms and Conditions are governed by the Czech Republic laws.

Intellectual Property Claims (Trademark Infringement)

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

The Site and the App’s content is based on User Generated Content (UGC). Tweak does not check user uploaded/created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below. Tweak looks into reported violations and removes or disables content shown to be violating third party rights.

In order to allow us to review your report promptly and effectively, a copyright infringement notice (“Notice”) should include the following:

  • Identification of your copyrighted work and what is protected under the copyright(s) that you are referring to
  • Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered
  • Proof of your copyrights ownership, such as the registration number or a copy of the registration certificate
  • A short description of how our user(s) allegedly infringe(s) your copyright(s)
  • Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the Tweak url, a link to the deliverable provided to a user, etc.
  • Your complete name, address, email address, and telephone number.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
  • Your electronic or physical signature

You can submit the Notice electronically to copyright@GetTweak.com Note that we will provide the user who is allegedly infringing your copyright with information about the Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material.
Please be aware that if you knowingly materially misrepresent that material or activity on the Site or the App is infringing your copyright, you may be held liable for damages.

TRADEMARK INFRINGEMENT

The Site and the App’s content is based on User Generated Content (UGC). Tweak does not check user uploaded/created content for violations of trademark or other rights. However, if you believe any of the uploaded content violates your trademark, you should follow the process below. Tweak looks into reported violations and removes or disables content shown to be violating third party trademark rights.

In order to allow us to review your report promptly and effectively, a trademark infringement notice (“TM Notice”) should include the following:

  • Identification of your trademark and the goods/services for which you claim trademark rights
  • Your trademark registration certificate and a printout from the pertinent country’s trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights
  • A short description of how our user(s) allegedly infringe(s) your trademark(s)
  • Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the Tweak url, a link to the deliverable provided to a user, etc.
  • Your complete name, address, email address, and telephone number.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark or are authorized to make the complaint on behalf of the trademark owner
  • Your electronic or physical signature

You can submit the Notice electronically to trademarkcomplaints@GetTweak.com

Note that we will provide the user who is allegedly infringing your trademark with information about the TM Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with information indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with applicable law.

REPEAT INFRINGERS

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.