TalentTight LLC

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the TalentTight platform and related services (the "Services") provided by TalentTight LLC, a Delaware limited liability company ("TalentTight," "we," "us," or "our").

By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.

You represent and warrant that:

• • You are at least 18 years old, or have valid parental or guardian consent.
• • You are not under 13 years of age.
• • You have authority to bind any entity on whose behalf you use the Services.

2. Description of Services

TalentTight provides SaaS-based analytics, campaign tracking, creator scoring, benchmarking, reporting, and predictive insight tools.

The Services may collect and process data:

• • Through authorized third-party APIs, including Instagram, TikTok, and other supported platforms
• • From publicly available sources where permitted
• • Through user-authorized integrations

We store OAuth tokens and may automatically refresh them to maintain authorized integrations. We access analytics data and account metadata only. We do not publish or post content on your behalf.

TalentTight intends to operate in accordance with applicable third-party platform terms and accesses APIs pursuant to permissions granted by those platforms. However, third-party platforms may change, suspend, restrict, or revoke access at any time. We are not responsible for third-party platform modifications, restrictions, data unavailability, outages, or API changes.

TalentTight is not endorsed by or affiliated with Instagram, Meta, TikTok, Google, or any other third-party platform unless expressly stated.

3. Accounts and Subscription

3.1 Free Trial

TalentTight offers a 30-day free trial. Upon expiration:

• • Your account will be suspended.
• • Your data will be retained for up to six (6) months.
• • After six (6) months of inactivity, your data may be permanently deleted.

You may request earlier deletion.

3.2 Paid Subscriptions

After the trial, a paid subscription is required. Pricing is based on the number of creators tracked.

Subscriptions renew automatically unless canceled before renewal.

All fees are non-refundable except as required by law.

We may modify pricing upon at least 30 days' notice. Continued use after the effective date constitutes acceptance.

3.3 Suspension and Termination

We may suspend or terminate access immediately and without liability for:

• • Nonpayment
• • Violation of these Terms
• • Suspected abuse or misuse
• • Regulatory or legal risk
• • Platform complaints or platform risk mitigation
• • Conduct that may harm TalentTight or third-party relationships

We may act without prior notice where necessary to protect business, legal, or platform integrity.

4. Data Rights and Use

4.1 Customer Data

You retain ownership of content and materials you upload.

You grant TalentTight a worldwide, royalty-free license to:

• • Access authorized third-party account data
• • Process data to provide and improve the Services
• • Store OAuth credentials securely
• • Create, use, analyze, and commercialize anonymized and aggregated data for benchmarking, analytics, product development, and internal business purposes

TalentTight may permanently retain de-identified aggregated data, even after termination.

4.2 Restrictions

You may not:

• • Resell or redistribute platform data
• • Export bulk data for resale
• • Build or contribute to competing databases
• • Use TalentTight data to train external AI models
• • Circumvent usage limits or technical protections

5. AI and Analytics Disclaimer

The Services may use algorithmic models and predictive analysis.

All analytics, benchmarks, and predictions are informational only.

TalentTight does not guarantee:

• • Campaign performance
• • Revenue or ROI
• • Engagement outcomes
• • Accuracy or completeness of third-party data

You are solely responsible for business decisions made based on the Services.

You acknowledge that you are not relying on the Services for legal, financial, investment, employment, credit, insurance, or other regulated decision-making purposes. The Services do not constitute professional advice.

TalentTight does not use identifiable customer data to train general-purpose AI models. Aggregated and de-identified performance data may be used to improve the Services.

6. Privacy and Regulatory Compliance

You represent that you have lawful authority and a valid legal basis to share personal data with TalentTight.

You are solely responsible for compliance with:

• • Platform terms
• • Data protection laws
• • Creator consent requirements

The Services may not be used for purposes governed by the Fair Credit Reporting Act (FCRA), including employment screening, credit decisions, insurance decisions, or background checks.

7. International Data Protection

Where GDPR or similar laws apply:

• • You act as data controller.
• • TalentTight acts as data processor.
• • We process data pursuant to your documented instructions.
• • We implement appropriate technical and organizational safeguards.
• • We will notify you without undue delay of confirmed personal data breaches.
• • Upon termination, data will be deleted in accordance with Section 3.

Appropriate transfer safeguards, including Standard Contractual Clauses where required, will be implemented for international transfers.

A Data Processing Agreement is available upon request.

California and U.S. State Privacy Laws

Where applicable, TalentTight complies with CCPA, CPRA, and similar U.S. state privacy laws. TalentTight does not sell personal data. Data subject requests may be submitted to hello@talenttight.com.

8. Confidentiality

"Confidential Information" means non-public business, technical, or commercial information disclosed by one party to the other.

Each party agrees to:

• • Protect Confidential Information using reasonable care
• • Use it only for purposes of these Terms
• • Limit access to personnel with a need to know

Confidential Information excludes information that is public, previously known, independently developed, or required to be disclosed by law.

9. Intellectual Property

All rights, title, and interest in the Services, including software, algorithms, structure, and design, remain with TalentTight.

Feedback provided by you may be used without restriction.

10. Force Majeure

TalentTight is not liable for failure or delay caused by events beyond our reasonable control, including acts of God, war, government action, third-party platform outages or API changes, internet failures, or cyberattacks.

11. Disclaimer of Warranties

The Services are provided "as is" and "as available."

TalentTight disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant:

• • Continuous or uninterrupted access
• • Data accuracy
• • Compatibility with third-party systems
• • Availability of historical or platform data

12. Limitation of Liability

To the maximum extent permitted by law:

TalentTight shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost data, reputational harm, or business interruption.

Total aggregate liability shall not exceed the greater of:

• • Fees paid in the twelve (12) months preceding the claim, or
• • One thousand dollars ($1,000)

Any claim must be brought within one (1) year of accrual or it is permanently barred.

13. Indemnification

You agree to indemnify and hold harmless TalentTight from claims arising out of:

• • Your misuse of the Services
• • Your violation of these Terms
• • Your violation of platform terms
• • Your unlawful use of creator data
• • Your breach of data protection obligations

14. Arbitration and Class Action Waiver

All disputes arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

Arbitration shall be conducted by a single arbitrator in Delaware.

You and TalentTight agree:

• • To waive the right to a jury trial
• • To bring claims only in an individual capacity
• • That class, collective, and representative actions are prohibited

Before initiating arbitration, the initiating party must provide written notice and allow thirty (30) days for informal resolution.

If the class action waiver is found unenforceable, this arbitration provision shall be void, but the remainder of these Terms shall remain in effect.

15. Governing Law

These Terms are governed by Delaware law.

Any claims not subject to arbitration shall be brought exclusively in Delaware courts.

16. Assignment

You may not assign these Terms without prior written consent.

TalentTight may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.

17. Survival

The following sections survive termination:

Sections 4, 5, 8, 9, 11, 12, 13, 14, 15, 16, and this Section 17.

18. Modifications

We may update these Terms from time to time. Material changes will be communicated via email or in-product notice.

Continued use after the effective date constitutes acceptance.

19. Contact

TalentTight LLC
State of Delaware
hello@talenttight.com