Terms & User Policy

1.  Purpose.

 

These general terms and conditions of use are intended to govern the use of the www.truvitolimited.com website published by Truvito Limited, and its community Platform hosted on the Spaces by Wix app http://www.mobileapp.app/to/k7IjbDh?ref=cl , as well as the terms and conditions under which the services offered on this Website are provided. Navigating on the website and Platform as defined below automatically implies express acceptance of the following. 

 

2. Definitions of Important Terms.

 

The following terms identified with a capital letter have the definitions outlined below:

 

"User" is defined as any individual or entity that accesses or interacts with our online Platform and/or our Website, commissions a Service, pays for a Service, submits a registration form, or otherwise uses our Services, including but is not limited to content Creators, Client representatives, or other participants in the UGC ecosystem.

 

"Creator" refers to any individual content creator or entity who generates user-generated content (UGC) for Brands and/or Clients of the Company, or for display on the Platform. All creators engaged with the Company operate as independent contractors and not as employees, partners, or agents of the Company. This means Creators are responsible for their own taxes, expenses, and compliance with applicable laws. The Company facilitates opportunities between Creators and Brands but does not assume any employer responsibilities, benefits, or liabilities.

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"Services" refers to the serviced provided by Truvito Limited, which includes but is not limited to purchasing online programs, campaign execution, workshops and booking consultations.

 

"Brand" refers to any individual, company, business or entity that collaborates with the Company for marketing, advertising, User generated Content (UGC) campaigns, or any other promotional activities. This includes, but is not limited to, product-based businesses, service providers, retailers and corporate partners that engage with the Company to source content, creators, or marketing services.

 

“Client” refers to any individual that is not a creator, business or entity that directly engages with the Company for paid services, including but is not limited to campaign planning, Content creation, brand strategy, or social media marketing related services. 

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"Website" refers to this website accessible with the web address https://www.truvitolimited.com/

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"Platform" refers to our online space entitled 'TRUVITO.' hosted on the Spaces by Wix app with the address of http://www.mobileapp.app/to/k7IjbDh?ref=cl

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"Content" refers to creations including but is not limited to videos, photos, sounds, drawings, avatars, or graphic post distributed by a Creator or by the Company.

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"Company" refers to the legal identified as Truvito Limited, registered in Jamaica.

 

"Company Body" refers to the Company team, directors, personnel, assistants, managers and representatives.

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"User Profile" refers to the interface on the Platform dedicated to Users.

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3. Description of Services and Scope of Work

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a) The Company offers the following services:

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• Conceptualizing, strategizing and executing campaigns,

• Facilitating the connection between Brands and Creators;

• Services accessible on our Website and Platform that includes but is not limited to consultations, social media audits and portfolio reviews.

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The Services offered by the Company are primarily paid services, unless stated otherwise.

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b.) The Company’s role is strictly limited to:

• Facilitating Brand-Creator Connections – Enabling collaborations through our Website and Platform.

• Assisting with Content Submission Processes – Providing guidance on content-related submissions for campaigns.​

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c.) The Company, and Company Body does not guarantee any specific outcomes related to engagement, sales, or visibility. Our services are designed to support and enhance brand positioning and awareness, but final results depend on various external factors beyond our control. The Company may provide initial recommendations to Brands and Clients regarding content packages, including suggested deliverables, pricing, and facilitation options (e.g., 10 content pieces for JMD 48,500). However, all final agreements, such as the exact content scope, deadlines, and delivery terms, are directly negotiated and determined between the Brand and the Creator. The Company and Company Body holds no responsibility for disputes, missed deadlines, failed fulfillment of obligations, and is not responsible for the fulfillment of these agreements, revisions, or disputes arising from content delivery. Our Platform serves as a facilitation tool, enabling Brands and Creators to communicate and manage the collaborations directly.

 

d) Creators using the Platform and/or our Services acknowledge that while we may provide opportunities for collaboration with Brands, all final obligations, including content quantity, deadlines, revisions, and payment terms, are determined through direct agreements with the Brand. We may suggest content packages and pricing structures to Brands as a facilitation service, but Creators are responsible for communicating directly with the Brand regarding expectations, deliverables, and deadlines, ensuring timely submission of agreed-upon content, and addressing any requested revisions or modifications as per their agreement with the Brand. The Company does not guarantee job assignments, payment enforcement, or content approval by Brands. Our Platform serves only as a connection point, and all disputes or concerns regarding project terms must be resolved between the Creator and the Brand.

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4. Definition of Confidential Information.

"Confidential Information" shall include all information disclosed by the Company to the User whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information may include, but is not limited to, business plans, financial information, technical data, business plans, user information, Client information, business strategy, Brand or Creator information, events and trade secrets. The term “Confidential Information” also includes any other information heretofore or hereafter acquired by the Company and deemed by it to be confidential. For purposes of this Agreement, the term “Business” shall mean: any business engaged in or being developed (including production of materials used in our businesses) by the Company, or being considered by the Comoany, in each case, to the extent such business is primarily related to the business of marketing services, branding, management and any joint venture, partnership or agency arrangements relating to the businesses described above.

 

5. Confidentiality 

a.) The User agrees to hold the Confidential Information in strict confidence and to take all reasonable precautions to protect such Confidential Information. 

b.) The User shall not disclose the Confidential Information to any third party without the prior written consent from us. 

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6. Exceptions.

The obligations set forth above shall not apply to information that: 

a.) Is or becomes publicly known through no breach by the User. 

b.) Is rightfully received from a third party without breach of any obligation of confidentiality.

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7. Intellectual Property & Rights Transfer

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a.) Content Ownership:

By participating in collaborations facilitated through the Company, our Platform or Website, Creators acknowledge and agree that all Content produced as part of these engagements, including but not limited to videos, images, graphics, and written material, shall be the exclusive property of the Company upon creation and submission.

Creators grant the Company full ownership of all Content created under any facilitation by the Company.

This transfer of rights is automatic and irrevocable upon the submission of Content to the Company, whether in group chats hosted on the Platform or elsewhere.

The Company retains the right to modify, distribute, sell, license, or use the Content for any purpose, including but not limited to marketing, commercial use, and brand partnerships.

Creators may not use, resell, distribute, or repurpose the Content unless explicitly authorized in writing by the Company.

Creators withhold the rights to display the Content they created in their portfolios.

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b.) Prohibited Content:

Creators must not upload Content that you do not own or have permission to use, including copyrighted materials, trademarks, or any other intellectual property belonging to third parties. Creators are solely responsible for ensuring that the Content does not violate any laws, including but is not limited to copyright or intellectual property laws. 

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8. Content Guidelines and Moderation  

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a.) Content Guidelines:

Content must comply with our Content Guidelines, which prohibit the submission of offensive, harmful, illegal, or otherwise inappropriate material. This includes but is not limited to

i) Hate speech, threats, or harassment. 

ii) Explicit or violent imagery. 

iii) False or misleading information.

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b.) Moderation:

We reserve the right to moderate, review, and remove any content that violates our policy.  Users who repeatedly violate these terms may be suspended or banned from the Platform at our sole discretion. 

 

9. Data Collection. 

a.) User Consent. The Spaces by Wix app is optimized to collect personal data which includes but is not limited to data used to create a profile to access or join our Website or Platform. By using the Website or Platform, you consent to the collection of data, including but is not limited to data as described herein. Users may request access to or deletion of personal data at any time through contacting the Wix’s customer service team at  

https://www.wix.com/about/contact-us 

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b.) Marketing:

Users may receive marketing communications, newsletters, or platform updates. Users may withdraw their consent at any time by using the unsubscribe link in the email or updating their account settings. 

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10. Terms of Service.  

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a.) Platform Usage:

 By using the Platform, Users agree to abide by the rules and expectations outlined in this policy and as stated on the Platform. Users are responsible for all activity that occurs under their account and must ensure that all operations and engagements are in compliance with our guidelines and legal requirements.  

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b.) Disclaimers:

The Company and Company Body are not responsible for disputes or outcomes between Users, Clients, or between Creators and Brands. All Users, whether Creators, Clients or Brands, agree to participate voluntarily at their own risk, and the Company does not guarantee any specific outcome from collaborations. 

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c.) Prices:

The Company reserve the right to change prices for products or Services at any time, and to correct pricing errors that may occur. The Company may, without prior notice, change any Services; stop providing any Services, stop displaying any features of the Services we offer; or create limits for the Services. The Company may permanently or temporarily terminate or suspend access to the Services without notice and liability for any reason, or for no reason.

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d.) Promotions:

Users agree to receive from time to time promotional messages and materials from the Company, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If Users wish to not receive such promotional materials or notices – Users may unsubscribe.

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e.) Communication and Non-Circumvention:

All communication between Clients, Brands, and Creators must take place exclusively on the latform. Users are strictly prohibited from bypassing the Company to engage in direct discussions, negotiations, or agreements related to collaborations, campaigns, or any other business arrangements outside of the Platform. 

All messages, project discussions, and negotiations must be conducted within the Company’s designated channels.

Users may not share personal contact information, external links, or other means of direct communication to circumvent the Platform.

Brands and Creators may not establish independent working relationships outside of the Platform for projects.

Any attempt to bypass the Company for direct collaboration, payment, or contract arrangements may result in suspension or termination of Platform access.

Users found attempting to bypass the Platform for direct engagement may face penalties, including but not limited to account suspension, removal from the Platform, and legal action if necessary. 

The Company reserves the right to monitor communications and take appropriate action in cases of non-compliance.

The Company facilitates all meetings between Brands and Creators to ensure smooth collaboration and adherence to agreed terms. Any in-person or virtual meetings must be arranged and approved through the Company.

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f.) Non-competition :

By using the services of the Company, Users agree that they shall not, directly or indirectly, engage in, create, or operate any service, platform, or business that competes with or is similar to the Company’s offerings, including but not limited to facilitating brand-creator connections, UGC campaign services, or social media marketing, for a period of twenty-four (24) months following their last engagement with the Company.

Users, including Creators, Clients and Brands, shall not:

 

i) Develop, launch, or participate in any platform, agency, or service that connects Brands with Creators for collaborations, UGC, or influencer marketing.

ii) Offer, promote, or provide personal brand-marketing services, UGC campaign execution, or any related services that overlap with the Company’s scope of work.

iii) Solicit or engage with any Creator, Brand, or Client initially introduced through the Company for independent business purposes outside of the Company’s Platform and services.

 

g) Penalties for Violation of Non Competition:

If a User is found in violation of this clause, they shall be required to pay a penalty equal to either the total amount they earned while engaging with the Company or $500 USD, whichever is higher. The Company reserves the right to take further legal action if necessary.

Violation of this clause may result in immediate account suspension and legal action. The Company reserves the right to monitor compliance and enforce these terms as necessary.

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11. Waiver of Rights. 

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a.) Acknowledgment of Voluntary Participation:

 By using the Platform, Website or participating in brand campaigns, or other Services,  Users acknowledge and agree that their participation is entirely voluntary.  To the fullest extent permitted by law, the User agrees to waive and release any and all claims, actions, or demands you may have now or in the future against the Company and Company Body, arising from your use of the Platform, Website, use of Services, participation in campaigns, or engagement with Creators, Clients or Bands, including but not limited to claims relating to: 

a) Copyright infringement, defamation, invasion of privacy, or any misuse of intellectual property rights.

b) Any financial loss, damage to reputation, or personal injury arising from brand collaborations or other platform-related activities. 

c) Any disputes arising out of content ownership or license agreements.

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b.) No Warranties or Guarantees:

 The Company provide access to campaigns and services "as is," without warranties of any kind, express or implied. The Company does not guarantee the success of any collaboration or campaign or the outcome of any participation. Users waive any right to claim damages, resulting from and including but is not limited to failed collaborations, payment disputes, or Platform malfunctions. 

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c.) Irrevocability. Any waiver provided under this Terms and User Policy is irrevocable and applies to any claims, rights, or causes of action Users may have, whether known or unknown, at the time of engaging with the Company. 

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12. Payment Terms. 

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12.1Compensation. Creators participating in Brand campaigns will only receive compensation as agreed upon and provided by the Brand. We reserve the rights to deduct any applicable fees or deductions from the amount.  

12.2 Tax Reporting. You are responsible for reporting income earned through the Platform in compliance with local tax regulations. We hold no responsibility, liability or obligation to file your taxes. Creators, Brand Representatives and Users are not employees of Truvito Limited and is advised to comply with local law and regulations regarding income and taxes.  

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13. Non-Disparagement. For purposes of this Section 8 of this agreement, the term "disparage" includes, without limitation, comments of statements to the press or public release mediums, to our employees or to  any individuals or entity with whom we have a business relationship (including, without limitation, any vendor, User, supplier, Client, customer or distributor), or any public statement, that in each case is  intended to, or can be reasonably expected to, materially damage us or any of our personnel. The User agrees to not disparage or encourage or induce others to disparage us, any of our employees or past and present, officers, directors, products or services (the "Company Parties").

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14. Non-Solicitation. The User agrees to not, either personally or by his agent or by letters, circulars or  advertisements, and whether for himself or on behalf of any other person, company, firm or other entity,  canvass or solicit, or enter into or effect (or cause or authorize to be solicited, entered into, or effected),  directly or indirectly, for or on behalf of himself or any other person, any business relating to the services of  the type provided by, or orders for Business or services similar to those provided by us, from any person,  company, firm, or other entity who is, or has at any time within two (2) years prior to the date of such  action been, a customer, Client or supplier of us; provided, that the restrictions of this Section 9 shall also  apply to any person, company, firm, or other entity with whom we are specifically seeking to develop a relationship as a customer, user, Client or supplier of us at the date of such action. 

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15. Inventions. User agrees that during the period of engaging in work with us or using our Platform, any and all inventions, discoveries, innovations, writings, domain names, improvements, trade secrets, designs, drawings, formulas, business processes, secret processes and know-how, whether or not patentable or a copyright or trademark, which User may create, conceive, develop or make on our Platform or through use  of our Platform, either alone or in conjunction with others and related or in any way connected us, strategic  plans, products, processes or apparatus or the Business (collectively, “Inventions”), shall be fully and  promptly disclosed to us and shall be the sole and exclusive property of us as against User or any of User’s  assignees. User and User’s heirs, assigns and representatives shall promptly assign to the Company all right, title and interest in and to such Inventions made during this agreement with us.

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16. Termination. 

16.1Termination By User. You may terminate your participation on the Platform at any time. Upon termination, you must cease all access to and use of the Platform, return all confidential documents, if applicable. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

16.2 Termination by Truvito Limited. We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. We reserve the right to terminate your access to the Platform at any time, without prior notice, for any of the following reasons and any other reason at our discretion: 

a) Violation of any terms of this User Policy or any other agreement entered into with the Platform. 

b) Engagement in fraudulent, harmful, or unlawful activity, or misuse of the Platform.

c) Failure to comply with campaign guidelines, brand collaboration agreements, or other operational policies of the Platform. 

d) Prolonged inactivity or abandonment of your account, as determined at our discretion.

16.3 Effect of Termination. Upon termination, the following shall occur: 

a) Your account and all associated content, data, and user-generated materials may be deleted from the Platform at our discretion.  

b) Any pending campaign agreements or brand collaborations will be canceled, and you will forfeit any rights to compensation or other rewards from incomplete campaigns, unless otherwise agreed upon by the Platform and applicable parties. 

c) You will no longer be authorized to access or use the Platform, and any licenses or rights previously granted to you by us will be immediately revoked. 

16.4 Reinstatement. The Platform may, at its sole discretion, reinstate a previously terminated user upon successful appeal, provided that the user demonstrates full compliance with the terms and conditions of this agreement moving forward. 

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17. No Refunds. You acknowledge and agree that any fees, payments or monetary funds you pay or provide to us whether through the platform or other means are done so voluntarily and are non-refundable. There are no returns on physical items and we do not hold responsibility to replace items damaged or broken in transit.

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18. Age Restrictions. You must be at least 18 years old to use the Platform. By accessing the Platform or by signing this agreement whether by signature or checkbox, you agree to be at least 18 years old. We do not hold any liability from a false pretense of a minor feigning to be 18 or older or registering as 18 or older or accessing the Platform as a minor.  

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19. NDA Policy. This agreement includes an NDA clause. User is prohibited from discussing the terms stated within this agreement and prohibited from releasing any information discussed within meetings and planning with third parties. The User is prohibited from releasing and disclosing any harmful or negative information, with individuals or third parties, prohibited from disclosing or detailing any information found within our strategies with outside entities and the User becomes an outside entity after cancellation. User is prohibited from releasing, sharing, using or applying any written or oral ideas, methodologies and strategies provided by us. The user is liable to cover all damages resulting from all disclosure. If the nature of such disclosure is found a threat to our operations, growth and well -being, and if such disclosure results in monetary loss or reputation damage to us, our trade or our collaborators, the User holds all liability, and we may seek further legal recourse. This NDA clause survives all cancellations, terminations and completion of services. By signing this agreement via checkbox or signature, the User also agrees with and signed the NDA.

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20. Limitation of Liability and Indemnification. 

20.1 Limitation of Liability. In no event shall we be liable for any damages for breach of duty by the user, or third parties within their responsibilities. If the User’s act or failure to act involves intentional or unintentional misconduct, fraud, copyright infringement, damage to assets, damage loss or theft of inventory, or a violation of the law, we shall not be held liable. The User holds the responsibility to correctly fulfill their duties and obligations under this agreement, and duties to uphold law within their respective jurisdiction, and to lawfully fulfill duties when collaborating and engaging in works, projects and campaigns. We are not liable for any damages, losses, or legal claims resulting from your use of the Platform, including but not limited to disputes over content ownership, privacy violations, or brand collaborations. To the maximum extent permitted by applicable law, in no event shall we, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

20.2 Indemnification. You agree to indemnify and hold harmless Truvito Limited from any legal claims, damages, or costs (including but not limited to legal fees) arising from your use of the Platform, or arising out of, or in connection with your use of the website or any of the services offered on the website, your content submissions, or your violation of this User Policy. 

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21. Severability. In the event that any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, then the remaining provisions will remain in force in accordance with the Parties' intention. The parties agree that the invalid, illegal, or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision. The failure of any part of this agreement to be enforceable will not affect the enforceability of the remaining terms. 

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22. Disputes and Litigation. We prefer to use internal conflict management strategies to defuse conflicts if such are to occur. In the event of any dispute arising out of or related to your use of the Platform, you agree to first attempt to resolve the dispute informally by contacting us. If informal resolution is not possible, disputes will be resolved through binding arbitration under the laws of Jamaica. If we decide to file suit against the User, due to a breach of this agreement by the User in any area and term, or due to any further action taken by the User, or a failure to act, that results in reputation damage, monetary loss or loss of assets, the User agrees to cover both Parties' expenses of litigation including reasonable attorney fees. This clause survives all cancellations, terminations and completion of services. The User understands and agrees to this. 

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23. Survivals. You understand and agree the following provisions of this agreement will survive termination and will be maintained: 

a) Confidentiality (section 5)

b) Intellectual Property Rights (section 7)

c) Terms of Service (section 10) 

d) Waiver of Rights (section 11) 

e) Payment Terms (section 12) 

f) Non-disparagement (section 13) 

g) Non-solicitation (section 14) 

h) Inventions (section 15) 

i) No Refunds (section 17) 

j) NDA Policy (section 19)  

k) Limitation of Liability and Indemnification (section 20) 

l) Disputes and Litigation (section 22)

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24. Miscellaneous.

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24.1 We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Platform, our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

24.2 This User Policy and its contents herein are effective as of October 9, 2024, or the date on which any individual or User registers an account, accesses the Platform or otherwise agrees to the terms of this agreement. 

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25. Governing Law. This Terms & User Policies shall be governed by and construed in accordance with the laws of Jamaica. Any disputes not resolved will be subject to the jurisdiction of the courts in Jamaica.

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For customer service care, please use or chatbox or email truvitolimited@gmail.com.

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