Legal

Terms and Conditions

These Terms govern your use of BeBuzz. By accessing or using the platform, you agree to be bound by the terms outlined here.

Last updated: October 24, 2024 20 sections · ~12 min read

01Introduction

Welcome to BeBuzz, the platform operated by TALKTO LLC, a California limited liability company doing business as "BeBuzz". BeBuzz connects brands and creators for the production and distribution of short-form video campaigns.

These Terms and Conditions ("Terms") govern your access to and use of the BeBuzz website, brand dashboard and mobile applications (collectively, the "Platform"). By creating an account, signing in, or using any part of the Platform, you accept these Terms in full. If you do not agree, do not use the Platform.

02Definitions

"BeBuzz" or "Platform"
The website at bebuzz.com, the brand dashboard, and the BeBuzz mobile applications operated by TALKTO LLC.
"Campaign" or "Buzz"
A marketing activation created on the Platform that contains a video asset, a redirection link, targeting criteria and a budget.
"User"
Any person who accesses or uses the Platform, including brands and creators.
"Brand"
A user who creates Campaigns to be distributed by creators.
"Creator" or "Buzzer"
A user who accepts and distributes Campaigns through their personal social networks.
"BeBuzz AI"
The matching system that pairs Campaigns with eligible creators.
"VIP Badge"
A monthly subscription granting enhanced features on the Platform.
"Wallet"
The digital account inside the Platform where users hold funds for deposits, payments and withdrawals.
"Deal"
A specific Campaign offer presented to a creator, which the creator may accept or decline within a 60-second window.

03The BeBuzz platform

BeBuzz provides software and services that allow brands to brief, match, brief, approve and track creator campaigns. Core capabilities include:

BeBuzz reserves the right to add, modify or discontinue features at any time, with reasonable notice for material changes.

04Campaign process

The standard campaign flow on BeBuzz is:

  1. The Brand uploads a video and CTA link, sets categories, location and budget.
  2. BeBuzz AI matches the Campaign with eligible creators.
  3. The algorithm prices each deal individually.
  4. Matched creators receive a deal offer with a 60-second acceptance window. Take it or leave it.
  5. Accepted creators record and publish the content on their own social channels within the agreed timeframe, subject to brand approval.
  6. BeBuzz tracks engagement and conversions per creator. The Brand reviews the analytics dashboard in real time.

Campaign budgets currently range from $25 USD to $10,000 USD per Campaign. BeBuzz may adjust these limits with notice.

05VIP badge subscription

Eligible creators may subscribe to the VIP Badge, a monthly paid feature that grants increased deal quotas, priority in matching, and extended response times. The VIP Badge is processed through Apple Pay (see section 13) and is subject to the standard commission rate.

Subscriptions auto-renew monthly until cancelled. Users may cancel at any time through their account settings; cancellation takes effect at the end of the current billing period.

06Commission structure

BeBuzz charges a commission on Campaigns created on the Platform. The applicable rate is disclosed to the Brand at the time of campaign creation, before payment is committed. The current standard rate is 25% on the deal value. Specific campaign types may carry a different rate (between 5% and 30%), depending on category, targeting and other factors set by the algorithm.

Commission fees are deducted from the campaign budget at the time of activation. A breakdown is visible in the Brand dashboard and on the invoice. In the event of campaign cancellation, BeBuzz may refund a portion of the commission in accordance with the refund policy accessible from your account.

07Wallet management

Each User receives a Wallet upon registration. The Wallet is used to fund Campaigns, receive payments, and process withdrawals.

08Wallet withdrawals

Users may request a withdrawal of available Wallet funds to a verified bank account. The withdrawal process includes:

09Tracking and metrics

BeBuzz provides per-creator tracking of clicks, impressions, video completion, conversions, and post-to-cart events where the Brand has installed the BeBuzz pixel or server-side integration.

Tracking is performed via uniquely-tagged short links generated for each Deal. Aggregate metrics (engagement rate, audience demographics) shown on creator profiles are estimates based on platform data and may differ from in-app analytics on individual social networks.

10User registration

To use the Platform, you must:

BeBuzz may suspend or terminate accounts that violate these requirements or the platform's community guidelines.

11Responsibilities

Brand responsibilities

Brands are responsible for the accuracy of campaign briefs, the legality of the products and services promoted, compliance with FTC endorsement disclosure rules, and timely review of submitted creator content (typically within 24 hours). Brands grant creators a limited license to use the brand's assets solely for the purpose of the Campaign.

Creator responsibilities

Creators agree to publish accepted Deals in accordance with the brief and within the agreed timeframe, to disclose paid partnerships as required by the FTC (using #ad or "Paid partnership with [Brand]"), to maintain authentic audience metrics, and not to publish content that infringes intellectual property, contains hate speech, or violates applicable law.

BeBuzz responsibilities

BeBuzz operates and maintains the Platform, processes payments securely, applies the matching algorithm fairly, and provides reasonable customer support. BeBuzz does not act as a party to the underlying content engagement between Brand and Creator; the Platform serves as a facilitator.

12Legal compliance

BeBuzz operates under California law and complies with applicable US federal and state regulations, including the California Consumer Privacy Act (CCPA), the California Online Privacy Protection Act (CalOPPA), the Federal Trade Commission Endorsement Guides, the Bank Secrecy Act (BSA) and Financial Crimes Enforcement Network (FinCEN) AML requirements as applicable, the Payment Card Industry Data Security Standard (PCI DSS) for card processing, the Children's Online Privacy Protection Act (COPPA), and the General Data Protection Regulation (GDPR) for users in the European Economic Area. Detailed compliance practices are described in our Legal Compliance and Privacy Policy pages.

13Apple Pay integration

The VIP Badge subscription is processed through Apple Pay. By subscribing, you agree to Apple's terms of service for in-app purchases. The BeBuzz Platform does not currently use Apple's In-App Purchase system for Campaign payments; Campaign payments are processed through a separate third-party payment processor.

Apple deducts its applicable App Store commission on subscriptions processed through Apple Pay. BeBuzz's commission is applied after Apple's deduction.

14Additional terms

Campaign payments. Campaign payments are processed via a third-party payment processor and not through Apple's In-App Purchase system.

Third-party content. Content created by creators under a Campaign is produced outside the BeBuzz app. The Brand receives access to the creator's content as published on the creator's channels, plus the analytics inside the Platform. The BeBuzz app is not integral to the creator's production process.

Access to deliverables. Access to the final published creator content is available outside the BeBuzz app on the creator's social channel. The Platform is not used to "unlock" the deliverable; the Platform is used to monitor the deal status and the engagement metrics.

15User engagement metrics

Metrics such as "average deal value" or "estimated audience" displayed on creator profiles are calculated by BeBuzz AI based on historical data and engagement signals. These metrics are estimates for planning purposes and are not guarantees of campaign outcomes. Actual results may vary.

16Dispute resolution

In the event of any dispute, users are encouraged to contact BeBuzz support at [email protected] for good-faith resolution. BeBuzz reserves the right to investigate and mediate disputes between Brands and Creators arising from a Campaign, and to enforce these Terms.

Where a dispute cannot be resolved informally, the parties agree to submit to binding arbitration administered in San Francisco, California, in accordance with the rules of the American Arbitration Association, except where prohibited by applicable law. Users explicitly waive the right to a class-action lawsuit, except where such waiver is unenforceable.

17Limitation of liability

To the maximum extent permitted by applicable law, BeBuzz shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of, or inability to use, the Platform, including but not limited to loss of profits, loss of data, business interruption, or reputational harm.

BeBuzz's aggregate liability under these Terms, regardless of the cause of action, shall not exceed the total amount you paid to BeBuzz in the twelve months preceding the event giving rise to the claim.

18Governing law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict-of-laws principles. Any action arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in San Francisco County, California.

19Modification of terms

BeBuzz may modify these Terms from time to time. Material changes will be communicated by email or in-product notification at least 7 days before the effective date. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

20Contact information

For questions or concerns regarding these Terms, contact:

BeBuzz, Legal

Email: [email protected]

Phone: +1 (415) 742-9001

TALKTO LLC, dba BeBuzz, 100 Potrero Avenue 3rd Fl, San Francisco, CA 94103.