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Upfluence Agency

Terms and conditions

Last updated: 2 October 2026

These terms apply when you work with Upfluence Agency in the United Kingdom as a creator or as a brand. If you are a consumer, nothing in these terms affects your statutory rights.

Company details

  • Upfluence Agency
  • Kwikstaartlaan 42, 3704 GS Zeist, Netherlands
  • Dutch Chamber of Commerce (KvK) number: 90396367
  • Email: info@upfluenceagency.nl

1. Definitions

  • Upfluence Agency, "we" or "us": Upfluence Agency, registered with the Dutch Chamber of Commerce under number 90396367.
  • Creator: an individual aged 18 or over who joins our TikTok LIVE Creator Network.
  • Brand: a business that engages us for a campaign or other services.
  • Services: everything we do for a creator or brand under an agreement.
  • Agreement: any agreement between us and a creator or brand. These terms form part of it.
  • In writing: by letter, email or another form of electronic communication.

2. When these terms apply

  • These terms apply to all offers, quotations, work and agreements between us and a creator or brand.
  • Anything that differs from these terms only applies if we have agreed it in writing.
  • A brand's own purchasing or other terms do not apply, unless we have agreed to them in writing.
  • If a provision of these terms is invalid, the rest of the terms continue to apply.

3. Offers and quotations

  • Our offers and quotations to brands are not binding unless we say otherwise.
  • They are based on the information you give us, so please make sure it is accurate and complete.
  • An agreement starts when you accept our offer in writing or when we start the work.
  • We are not bound by an offer or quotation that contains an obvious mistake.

4. Our services

For creators

  • A creator manager who supports you with your TikTok LIVE channel, planning and strategy;
  • access to the Upfluence app and our creator community;
  • our own campaigns with prizes, under the rules we publish for each campaign;
  • where available, introductions to brand campaigns and negotiating the terms for you.

For brands

  • Campaigns with creators on TikTok LIVE, such as product placement, sponsored campaigns and launches;
  • selecting and briefing suitable creators;
  • running the campaign and reporting on the results, based on the data TikTok provides;
  • advice on TikTok LIVE.

We do our best to help creators grow and campaigns succeed, but we cannot guarantee any particular number of viewers, followers, gifts or earnings. TikTok decides how its platform, rankings and payouts work.

5. Creators: what you agree to

  • You are 18 or over and give us accurate, up-to-date information.
  • You follow TikTok's Community Guidelines and Terms of Service.
  • You clearly label paid content as an advert (for example with "#ad"), in line with the rules of the Advertising Standards Authority (ASA) and the Competition and Markets Authority (CMA).
  • You behave professionally towards viewers, other creators, brands and our team.
  • You keep us informed in good time, for example if you can't take part in a campaign you signed up for.
  • During a brand campaign we have arranged for you, you don't work with a directly competing brand for that campaign period, unless we agree otherwise in writing.
  • Minimum streaming hours only apply if we have agreed them with you in writing.

6. Brands: what you agree to

  • You provide the information, materials and access we need in good time.
  • You pay on time.
  • You respect creators' creative freedom within the agreed brief.
  • You comply with the law and advertising rules that apply to your products and campaign, including the CAP Code and the ASA and CMA rules on influencer marketing.

7. Fees and payment

Creators

  • Joining our network is free. We do not charge creators any fees.
  • Your earnings from gifts are paid to you by TikTok under TikTok's own terms. We do not take a share of them. We are paid separately by TikTok as a LIVE Creator Network.
  • Prizes and bonuses from our own campaigns are paid under the rules we publish for each campaign.
  • If we arrange a paid brand deal for you, we agree the fee and any commission with you in writing before you accept it.

Brands

  • Fees are set out in the agreement or quotation.
  • Invoices are payable within 14 days of the invoice date, unless we agree otherwise.
  • If you pay late, we may charge interest and recovery costs as allowed by the law that applies to the agreement.
  • Prices are exclusive of VAT unless stated otherwise.

8. Intellectual property

  • Materials we create, such as strategies, presentations and reports, remain ours. Brands may use them for the agreed purpose.
  • Content a creator makes belongs to the creator, unless the creator agrees otherwise in writing for a specific campaign.
  • Our materials may not be copied, published or shared with others without our written permission.

9. Confidentiality

We and you keep confidential any confidential information shared in connection with the agreement, such as business information, strategies, pricing and personal data. This continues after the agreement ends.

10. Liability

  • Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be limited or excluded by law.
  • If you are a consumer, nothing in these terms affects your statutory rights.
  • Subject to the above, we are not liable for loss caused by changes to the TikTok platform or its algorithm, or by the actions of third parties we have no control over.
  • Subject to the above, our liability to a brand is limited to direct loss, up to the fees the brand paid us under the agreement in the 3 months before the event that caused the loss, with a maximum of €5,000. We are not liable to a brand for loss of profit, lost savings, business interruption or other indirect or consequential loss.

11. Events outside our control

We are not responsible for delays or failures caused by events outside our reasonable control, such as outages of TikTok or other platforms, internet failures, pandemics, government measures or strikes. If such an event lasts longer than 60 days, either party may end the agreement without having to pay compensation.

12. Duration and ending the agreement

  • An agreement runs for the term stated in it.
  • Creators can leave our network at any time by leaving through the TikTok app. TikTok's own rules apply to leaving and to joining another network.
  • Brands and we can end an agreement with 30 days' notice in writing, unless the agreement says otherwise.
  • We may end an agreement immediately if a creator or brand seriously breaches these terms, breaches TikTok's Community Guidelines, seriously damages our reputation, or becomes insolvent.
  • When an agreement ends, amounts already invoiced remain payable and work in progress is settled pro rata.

13. Complaints

If you are unhappy with our services, email info@upfluenceagency.nl with a clear description of the problem. We will reply within 14 days.

14. Governing law and disputes

  • We will always try to resolve a dispute with you informally first.
  • Agreements with brands are governed by Dutch law, and disputes go to the competent court in the district of Midden-Nederland (the Netherlands), unless we agree otherwise in writing.
  • Agreements with creators are governed by Dutch law. If you are a consumer living in the UK, you keep the protection of the mandatory rules of the law of the part of the UK where you live, and you can bring a claim in the courts there.

15. Changes to these terms

We may update these terms. We will tell creators and brands we work with at least 30 days before a change takes effect. The version that applied when you entered into an agreement continues to apply to that agreement, unless you agree to the new version.

Contact

Questions about these terms? Email info@upfluenceagency.nl or write to Upfluence Agency, Kwikstaartlaan 42, 3704 GS Zeist, Netherlands.