Terms of Use

1. The acceptance of the Terms of Use

The terms of use for the operating system of Tellscore ("Tellscore Platform"), including any document which used together by reference ("Terms of Use"), will be constituted a legally binding between Tellscore Co., Ltd., a company established under the law of Thailand ("Company"), and you. You are as the position of an Influencer (as described below), wish to provide services to the Marketer (as defined below) for advertisement, marketing brand, and product to be widely known through the Tellscore Platform. This Terms of Use establish to enforce the accessibility and usage of the on the Tellscore Platform.

Please be aware of reading these Terms of Use carefully before you start using the Tellscore Platform. For using the Tellscore Platform, the Influencer must accept and agree to be bound and forced by the Terms of Use and Privacy Policy. The Influencer must be registered and click to take or decide to enforce these Terms of Use as soon as this option is made available to the Influencer. If the Influencer would not like to accept the Terms of Use and Privacy Policy, the Influencer must not log in or use the Tellscore Platform.

By using the Tellscore Platform, the Influencer represents and warrants that the Influencer has the right, authority, and legal ability to be bound by these Terms of Use and enter into an agreement with the Company. In case of the Influencer is missing any of the above qualifications, the Influencer must not log in or use the Tellscore Platform.

If the Tellscore Platform is operated by any company that has the status of being an affiliate of the Company ("Affiliate"), these Terms of Use is legally binding between its Affiliate and the Influencer. In such a case, Affiliate is responsible for operating and providing the Tellscore Platform following the Terms of Use. The "Company" in Terms of Use will be considered a reference to the Company and/or Affiliate as the case may be.

2. Definitions
  • "Company" means Tellscore Co., Ltd. established under the laws of Thailand. The registered office is at Room 1701, 17th Floor, Chamchuri Square Building, No. 319 Phayathai Road, Pathumwan Sub-district, Pathumwan District, Bangkok 10330, Thailand.
  • "Affiliate" means a limited company or a public limited company in which the Company holds not less than 25 percent of the registered capital or under the control of the Company, whether located in the country or aboard.
  • "Tellscore Platform" means a service of the Company that can connect both through a computer network (online) through www.tellscore.com or without a computer network (offline).  Not only that, but also the Content, software, programs, source code, application on a mobile phone, advertising, or other service channels, including any material, tools, or services through the Company's platform. The Tellscore Platform will allow Marketers to search, contact, assign, and do any transactions with the Influencer in a service package to promote Marketer's brand, product, or service.
  • "Business Partner" means any person who conducts business in connection with the Tellscore Platform, including licensors or service providers operating on behalf of or under the permission of the Company.
  • "Influencer" means any Influencer, service providers, or vendors involved or suitable for the Marketer's brand and products. They can assist, advise, or create a Marketer's brand or product by sharing brand stories through the Influencer network or by any means. The Influencer must be a subscriber account that can log in the Tellscore Platform.
  • "Influencer's content(s)" or "Content(s)" means texts, images, links, videos, posts, website or personal accounts, web board, forums, and interactive features which allow the Influencer to announce, send, publish, display or distribute the Content of the service package on or through the Tellscore Platform.
  • "Influencer Service Charges" means the remuneration paid to the Influencer due to service packages assigned by the Marketer.
  • "Marketer" means an individual or juristic person who is a Marketer, brand owner, or buyer who wishes to search, contact, engage and enter into transactions relating to the Influencer service packages to promote and expanding the market for a brand or product. The Marketer must be a subscriber account that can log in the Tellscore Platform.
  • "Marketer's content(s)" means any texts, images, links, videos, posts, websites, personal accounts, web board, forums, and interactive features which allow Marketer to announce, send, publish, display or distribute any content of the Service package to the Influencer on or through the Tellscore Platform.
  • "Personal Data" means any information which can directly or indirectly identify any person included name, address, email, telephone number, payment method, online social networking (Social Media Account) such as Facebook, Twitter, Instagram, as stipulated in the Personal Data Protection Act B.E. 2562.
  • "Score(s)" means symbolic used to represent the value of the Score shall be evaluated and calculated by the Company to reflect the services and features of the Influencer.
  • "Service package" means to the scope of work and services of the Influencer.
  • "Terms of Use" means this Terms of Use.
  • "Privacy Policy" means the policy for the collection, usage, disclosure of Personal Data on the Tellscore Platform, which is according to the Personal Data Protection Act B.E. 2562.
3. Registration
  • To start using the Tellscore Platform, the Influencer must register an account with the Tellscore Platform. During the registration process, the Influencer will be required by the Company to provide Personal Data through the Tellscore Platform.
  • The Influencer accepts to provide its Personal Data to the Company, represents and warrants that all information provided through the Tellscore Platform is correct, update, and not misleading. The Influencer shall notify any changes of information that had previously provided the Company through the Tellscore Platform. If the Influencer does not inform any changes of data within a reasonable time or the information provided was incorrect or not accurate or misleading, the Company may, as its discretion, suspend and/or cancel the Service in whole or in part according to these Terms of Use without prior notice.
  • The Company, as its sole discretion, approves or does not accept the request to use the Tellscore Platform. The Company has not a burden for disclosing the processing of consideration to the Influencer. It shall not be responsible for any loss or damage which will occur with Personal Data prior approval or any failure with non-approval.
  • When registration is complete, and the Company has already approved the usage of the Tellscore Platform. The Influencer will be able to use the Tellscore Platform immediately.
  • Unless the cases specified below or disclosure Personal Data to Marketer for proposal with the Influencer, the Company will not disclose Personal Data with third parties.
    • (1) To government agencies, its affiliates, its business partners, its customers, Influencer Management, Talent managers, Technologies, Telecommunications, Software Developments, IT Security, Communications or Public Relations, Logistics and/or Service provider assigned by the Company to enter into a service agreement from or provide a service to the Company whether located in the country or aboard and such entity accepts to comply with this Terms of Use.
    • (2) To promote the Influencer and/or the Tellscore Platform to outsiders who interested in the Tellscore Platform.
    • (3) As stipulated in the provisions of the law.
    • (4) When it is necessary to protect the Influencer's rights, the safety of the Influencer, including investigation, fraud prevention, or a breach of security.
    • (5) Other than (1)-(4) which the Company has received your consent in pervious.
  • The Influencer acknowledged and agreed that if the Company discloses Marketer's Personal Data (Marketer is an individual) to the Influencer for the usage of the Tellscore Platform, the Influencer shall strictly comply with Privacy Policy. In the case of Marketer request the Company to delete or temporality suspend of usage Marketer's Personal Data, the Company needs to comply with that request, and the Influencer agrees to cooperate and comply with such request as well.
4. Amendment the Terms of Use

The Company may, as its sole discretion, edit or update this Terms of Use from time to time. The amendment will be effective immediately when the Company publishes the change on the Tellscore Platform. However, any modification regarding dispute resolution specified in the applicable law and jurisdiction section will not affect any dispute which both parties have given notice to each other on or before the published date of the amendment on the Tellscore Platform.

The Influencer who still uses the Tellscore Platform after published the revised Terms of Use, it is considered that the Influencer also accepts and agrees with the amendment. So that the Influencer must check this website whenever login to the Tellscore Platform to aware of any modification.

5. Access to the Tellscore Platform and account security

The Company reserves the right as its discretion to cancel or modify the Tellscore Platform include Service or Content published on the Tellscore Platform without prior notice. The Company will not have any liability for the cause of the Tellscore Platform cannot provide services in whole or in part and regardless of time or any occasion. The Company may suspend users (also include users who have already registered) to login to the Tellscore Platform, whether in whole or in part.

The Influencer has the following duties:

  • Process anyway to login to the Tellscore Platform.
  • Make sure that everyone who logs in to the Tellscore Platform through the Influencer's internet or any network connection knows and complies with these Terms of Use.

To use a special feature on the Tellscore Platform, the Influencer shall provide any details and other information as required by the Company when registered. The Company considers all the information which the Influencer provided through the Tellscore Platform must be correct, update, and complete. Such is a material condition for using the Tellscore Platform. The Influencer agrees that all the information that they have provided when register, whether through the Tellscore Platform or by any other means which includes but is not limited to providing data through other connections to use the special features, is following the Privacy Policy. Also, the Influencer allows the Company to take any action with Personal Data whenever it is still following the Privacy Policy.

If the Influencer selects or receives a username and/or password or any part of the data that is a part of the security process, the Influencer must keep such information as confidential, and the Influencer must not disclose such information to any person or organization. Also, the Influencer acknowledges that the subscriber account is the exclusive rights of the Influencer and does not allow any other person to login to the Tellscore Platform or any part of the Tellscore Platform, using the username or password or security information. The Influencer agrees to notify the Company immediately when found the usage of a user name or password without permission or breach of security. Besides, the Influencer agrees that the Influencer will exit or sign out from the subscriber account every time. The Influencer will exercise caution when logging into the subscriber account from a public place or shared computers to avoidance of leakage of passwords or other Personal Data. The Company will not be liable for any loss or damage that will occur because the Influencer does not follow the above.

The Company has the right to suspend username, password, or other identification, whatsoever due to the Influencer's request or the Company's discretion, at any time and for any reason or without any cause, including the Company considers that the Influencer has violated any of these Terms of Use.

The Company will not claim that the Tellscore Platform or any content is accessible or suitable for use outside of Thailand. Accessing the Tellscore Platform may not be legal for some people or some countries. In the case of the Influencer login to the Tellscore Platform from outside of Thailand, it shall be deemed the Influencer is the operator and shall be responsible for comply with the local laws by themselves.

6. Score(s)
  • The Company will notify the assessment result to the Influencer through the Tellscore Platform when the registration is completed and has been approved.
  • The Company will give the Score (s) to the Influencer in the manner specified by the Company. The Company will determine the value, the conditions, and will announce on the Tellscore Platform. The Company may, as its sole discretion,  change and/or modify the Score(s), the cost, or the conditions, in whole or in part, under these Terms of Use without prior notice.
  • The value of the Score cannot be exchanged or used for any purpose other than the purpose of the Tellscore Platform. Also, the Score cannot be further used or shared with other devices operating on different operating systems.
7. Intellectual property rights

The Tellscore Platform and its contents, features, and all programs related to the Tellscore Platform (including but not limited to information, software, messaging, visualization, video, audio, and visual design, selection, and implementation of theTellscore Platform) belonging to the Company, Licensors or other suppliers mentioned above. They will be forfended by copyright, trademarks, patents, trade secrets, and other intellectual property or other laws of ownership rights.

These Terms of Use only allow the Influencer to use the Tellscore Platform for personal use. The Influencer must not reproduce, distribute, modify, copy, create, publicized, republished, downloaded, stored or transmitted on any material on the Tellscore Platform, except in the following cases:

  • Influencer's computers may temporarily keep a copy of the details on a Random-Access Memory (RAM) due to the Influencer logging and viewing those details.
  • The Influencer may automatically store files in cached memory by the computer program used to browse the Influencer website to show the progress of work.
  • The Influencer may request to print or download one copy of the appropriate number of pages from the Tellscore Platform for personal use only, which must not be reproduced, modified, created, or distributed.

If the Company provides a program to download to the computer, mobile phone, or another device, the Influencer may download a copy to the computer or a mobile device of the Influencer for personal use only. The Influencer agrees to bind with the end-user license agreement for such a program.

The Influencer must not

  • Make any material changes to copies obtained from this website.
  • Use images, photos, videos, sounds, or any graphic separate from texts.
  • Remove or change any notices in material for copyright, trademark, or other ownership rights from a copy of this website.

If the Influencer print, copy, change, download, other use, or consent any person access to any part of the Tellscore Platform, which violates these Terms of Use, the rights to use the Tellscore Platform will suspend immediately. Consequently, the Company may order the Influencer to return or destroy copies of any material information that the Influencer has made. Any rights, ownership, or interests in the Tellscore Platform or any contents on the Tellscore Platform, which do not expressly grant, shall not be transferred to the Influencer and reserved by the Company. Using the Tellscore Platform without express permission by Terms of Use is considered a violation of these Terms of Use and may violate copyright, trademark, and other laws as well.

8. Trademarks

Company's name, all other things related to logos, brand name, product and service name, design, and slogan are trademarks of the Company, its Affiliate, or licensor. The Influencer must not use the mark without the prior written permission of the Company. All logos, brand name, product and service name, design, and slogan on the Tellscore Platform are trademarks of related owners.

9. Restriction of Use

The Influencer can use the Tellscore Platform only for lawful purposes and under these Terms of Use. The Influencer agrees not to use the Tellscore Platform in any way, which is a violation of laws and regulations.

The restriction of use are as follows;

  • To send, transfer, upload, download, use, or reusable any material information which does not reach the standards of Content specified in these Terms of Use.
  • To distribute, forward, or arrange for delivery in which material information for the advertisement or promotion including "Junk Mail", "Chain Letters", "Spam" or other similar.
  • To imitate or trying to imitate the Company, employee of the Company, other user or any other person or organization (including but not limited to using an email address, name, social media accounts or anything in connection with mention above)
  • To do any activities that are prohibited or inhibit the use or exploiting the Tellscore Platform of any person, which the Company considers to be harmful to the Company,the Tellscore Platform, the user, or create any liability to such persons.

Besides, the Influencer agrees to not

  • Use the Tellscore Platform in any way that makes the website unusable, create any obligation or damage to the website or interfere with the usage of the Tellscore Platform, including interference with the ability to use the Tellscore Platform of others.
  • Using a search engine such as a robot, spider, or any tools or processes which automatic access the Tellscore Platform for investigation or copying any material information on the Tellscore Platform.
  • Induct viruses, trojan horses, worms, logic bombs, or other tools which disastrous or is technically dangerous to the Tellscore Platform.
  • Attempts to login by unauthorized intervention or disrupt any part of the Tellscore Platform Server, which is the preservation of the Tellscore Platform, processing server, computer, or any database connected to the Tellscore Platform.
  • Try to interfere with the normal operation of the Tellscore Platform.
  • Disclose to outsiders any information of Marketer, its affiliates, and its business partners that the Influencer receives through the Tellscore Platform.
10. Contents of Influencer

All Influencer's Content must comply with the standards outlined in these Terms of Use.

Any influencer's Content has published on the Tellscore Platform is considered non-confidential information and has no owner. The Influencer's Content posted on the Tellscore Platform shall be deemed grants the right to use, reproduce, change, perform, display, distribute and otherwise disclose material information to the Company and licensee, successor and assignee of relevant rights.

The Influencer represents and warrants that

  • Contents have been thought of and created by the Influencer. The Influencer will be responsible for the accuracy (both in legally and under these Terms of Use), complete, the update of contents. The Company shall be the owner and the controller of all rights of Contents after the Contents had been published through the Tellscore Platform. The Company has the right to license to licensee, successor, and assignee of relevant rights and will allowsthe Influencer to change or amend Content at any time unless the Company notifies otherwise.
  • All Influencer's Content must comply with these Terms of Use and related laws.
  • At any time, the Influencer's contents are accurate, current, complete, and up to date.

The Influencer must notify the Company of any changes in the Influencer's Content. If the Influencer does not inform the Company of such changes within a reasonable time or the Influencer's Content is incorrect or not accurate, the Company may suspend and/or terminate the Service in whole or in part without prior notification.

The Influencer understands and acknowledges that the Influencer is responsible for Influencer's Content, including it is legal credibility, accuracy, completeness, and suitability.

The Company is not responsible or liable to a third party for the Content, or the completeness and accuracy of the Influencer's Content have been posted on the Tellscore Platform.

11. Monitoring

The Company has the right to

  • Use its discretion to delete or refusing the publishing of the Influencer's Content for any reason or without any reason.
  • Use its discretion, as necessary and appropriate, to do any actions regarding the Influencer's Content when the Company considers that such Content violates these Terms of Use, infringe any intellectual property rights, including the rights of any person or organization, or threatens the privacy security of other users on the Tellscore Platform, public or may cause any liability to the Company.
  • Disclose the identity of the Influencer, or any of the Influencer's information to the Marketer or third party who claims that the Influencer's Content posted on the Tellscore Platform infringes with its rights, intellectual property rights or other personal rights.
  • Do appropriate legal action including but not limited to take any action to enforce with illegal or unauthorized usage of the Tellscore Platform.
  • Block, stop, cancel, suspend or take any action, in temporarily or permanently, with the Influencer's account on the Tellscore Platform without prior notice when the Company considers that the Marketers and the Influencers are obligated and/or contact each other about Service Packages or other objectives related to its without using the Tellscore Platform. These shall be deemed the Influencer's Content or using the Tellscore Platform violates these Terms of Use, in whole or in part.

Also, the Company, with the full right, cooperates with any agencies to enforce following laws or court orders which request the Company to disclose the identity or any information had been posted on or through the Tellscore Platform. The Influencer waives and will not claim any damages with the Company, Affiliate, licensee, and service provider due to such action or as a result of which is operated by the Company and such organizations.

The Company is not responsible for reviewing Content before publishing on the Tellscore Platform.  Consequently, the Company cannot guarantee that it will be able to delete unwanted Content immediately after being released. The Company is not liable for act or omission regarding forwarding, communication, or Content provided by users or any third party. So, the Company has no liability or responsibility to any person in performing or not engaging in any activity as specified in this section.

12. Standard of Content

This standard of Content shall apply to the Influencer's Content in whole or in part. All of them must subject to laws and regulations. Not only limited as mentioned above but the Influencer's Content also must not

  • Consisting of statements of nature that are obscene, violating, attacking, threatening, harassing, hatred, provoking, or of other adverse kinds.
  • Promote Content related to sex or explicit pornography, violence, or unfair discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
  • Infringe with patent, trademark, trade secrets, copyrights, or other intellectual property or any other rights of other people.
  • Violate legal rights (including the right to publicize and privacy rights) of other parties or contain any content which may cause obligation or criminal under the laws or regulations or may conflict with other terms of these Terms of Use and Privacy Policy.
  • It is resembling or deceiving another person.
  • File an unlawful claim about products or services provided by the Marketer.
  • Promoting, supporting or assisting illegal activities
  • Causing unnecessary nuisance, inconvenience, or anxiety or should interfere with the mental state, causing embarrassment, panic, or annoy others.
  • Impersonate another person or making a mistake about the identity of Influencer or join with someone or other organization to do such action.
  • Make others believe that the Content has been submitted from or certified by the Company or any other person or organization, which is not valid.
13. Influencer's responsibilities
  • Regardless of the Company's obligations and duties to the Influencer, the Influencer's Content, and other people as mentioned earlier, The Company is not responsible for the corrections or prevention of any violation committed by the Influencer or others under the Terms of Use.
  • The Company may take measures as necessary and appropriate if the Company knows that the Influencer is using the Tellscore Platform in violation of the Terms of Use.
  • If the Company directly or indirectly suffers for losses, damages, or expenses due to the Influencer violating relevant laws or Terms of Use while using the Tellscore Platform, the Influencer must compensate the Company immediately upon receiving the claims from the Company.
  • If the Influencer does not comply with the Service Package as agreed with the Marketer, the Influencer will be directly responsible for loss, damage including not limited to returning products which the Influencer receives from the Marketer under the Service Package. If the Influencer does not replace the product to the Marketer, the Company may charge a fine equal to the value of the product and terminate, suspend, or take any action for using the Influencer account on the Tellscore Platform as temporality or permanently without prior notice.
14. Reliability of the publishing

The information provided on or through the Tellscore Platform is solely for general information. The Company does not guarantee the accuracy, completeness, or usefulness of the data. The Influencer shall use its discretion to take risks for the authenticity of such information. The Company disclaims responsibility arising from the credibility of the Influencer or other users who may have received such information.

The Tellscore Platform consists of the Content received from third parties, the information provided by the Marketer, other users, bloggers, outsiders who are licensed to use, to be a member, to associate and the service provider who is reporting words and/or opinions expressed in the information, articles, Q&A, other Content apart from provided by the Company. They are the opinions and responsibilities of individuals or the organization that provided such information and may not reflect the views of the Company. Therefore, the Company is not responsible for the Influencer or any third party regarding the Content, the completeness, and accuracy of the information provided by those third parties.

15. Privacy Policy

All data on the Tellscore Platform is subject to Privacy Policy. For using the Tellscore Platform, the Influencer allows and consent the Company to take any action regarding the Influencer's information according to Privacy Policy.

Unless the Company is obliged to follow the law precisely, the Influencer can delete its Personal Data on the Tellscore Platform by login into its account and choose "Edit" and choose "Close User's Account" respectively. However, the Influencer still has to read Privacy Policy carefully because when the Influencer already deleted its account, all of such information shall not be able to retrieve.

16. Fees and payment terms

The Influencer's service fees

  • The Influencer is entitled to receive the Influencer 's service fees according to the terms and conditions of these Terms of Use when the Influencer and the Marketer to be bound by the Service Package through the Tellscore Platform. The Company will transfer the Influencer's service fees to the bank account specified by the Influencer or pay by other means.
  • The Influencer's service fees will be transferred to the Influencer by the payment method specified by the Company, including but not limited to plans and payment units. For the avoidance of doubt, the value and rate of the service fee will be determined by the Company and displayed on the Tellscore Platform. The Company may, as its sole discretion, change and/or amend the Influencer's service fees or payment terms, in whole or in part, under these Terms of Use without prior notification.
  • If the Influencer terminates the usage or deletes its account on the Tellscore Platform, the Company agrees to pay the outstanding Influencer's service fees (if any) that the Company is obliged to pay to the Influencer under the provisions of the Terms of Use within the following payment cycle.

Fees for using the Tellscore Platform

  • Occasionally, the Company may charge any service fees and/or notify a new rate of service fees regarding the use of the Tellscore Platform by announcing new service rates through the Tellscore Platform. The determination of service fee to use the Tellscore Platform is determined by the total amount of transactions that had operated or other service or the visiting of the Influencer through the Tellscore Platform.
  • Additional terms and conditions may apply to some specific parts of the Tellscore Platform, including the services or characteristics of the Tellscore Platform. All other terms and conditions shall be a part of these Terms of Use. For payment and money transfer will be done through financial institutions or banks that the Company will specify from time to time.

Taxes, charges, and currency

  • An Influencer is responsible for any costs and taxes arising from the Influencer's service fees and the use of the Tellscore Platform following these Terms of Use. To avoid any doubts, the Company will deduct withholding taxes and transfer fees or other expenses which occurred or required by relevant laws from the Influencer's service fees.
  • The Influencer's services fees and fees for using the Tellscore Platform shall pay with currency, and the exchange rate used in the calculation on the payment date, which specified in the payment terms agreed between the parties in the territories. Such amount is including VAT or sales tax or the applicable consumer tax.
  • The Company is not liable for any impact, risk, loss, or damage arising from changing the exchange rates or expenses or taxes of the Influencer.
17. The connection from Tellscore Platform

If the Tellscore Platform connects to the website or other sources provided by a third party, they are facilities for the Influencer only. Such connections are including any connections with banner advertisements and sponsored links, which the Company does not control the contents of that website and sources. The Company is not responsible for any loss or damage, which may result from such connections. If the Influencer decides to access a third party's website linked to the Tellscore Platform, it shall be deemed the Influencer has agreed to take its own risk and is subject to the terms and conditions of use of that website.

18. Termination

Terms of termination

The Company has the right to terminate or suspend the access to the Tellscore Platform, in whole or in part, no matter what any reason, including the violations of Terms of Use.

When the Terms of Use is terminated or at any time after the termination, the Influencer will immediately pay the total outstanding amount to the Company. The Company will not be liable for termination of these Terms of Use, including for termination of the Influencer's account or deletion of the Influencer's contents.

The Company reserves the right to change or stop providing Service for any or all parts of the Service that the Company may or may not notify the Influencer. The Company will not be liable to the Influencer or any third party for termination of the Service.


Subsequently

  • Prevailed Section: Terms will prevail after the termination are section 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 19, 20, 21, 22 and 23.
19. Disclaimer

The Influencer understands that the Company cannot and does not represent or warrant that files downloaded from the internet or the Tellscore Platform will be virus-free or other harmful codes. The Influencer shall use the process and adequate security under the requirements to prevent viruses and the accuracy of the incoming and outgoing databases, including the maintenance of external channels that access the Company website for the reconstruction of the missing database.

The Company will not be liable for any loss or damage arising from any attacks by Distributed Denial of Service ( DDoS), viruses, or other dangerous technological means. They may be entering hazardous files into the computer equipment,  computer programs, the Influencer's databases, other data, Personal Data and the Influencer's contents due to using the Tellscore Platform or any Service provided by thee Influencer or any items acquired through the Tellscore Platform or downloaded any text had published or any linked website connected with the Tellscore Platform by the Influencer.

The Influencer shall take its own risk for using the Tellscore the Platform, contents, services, or any part of the Tellscore Platform. All of them also obtained through the Tellscore Platform provided "as is" without any warranty whatsoever, whether express or implicit. The Company or the person involved with the Company does not represent or warrant regarding the completeness, safety, reliability, quality, accuracy or existence of the Tellscore Platform including but not limited to contents, services or any part of the Tellscore Platform acquired through the Tellscore Platform will be accurate, reliable, non-error or not being disturbed. Neither the existing website nor server will be free from viruses or other dangerous components of the Tellscore Platform, or the Service or any item received through the Tellscore Platform shall be on-demand or proper with the expectations.

The Company disclaims all warranties whatever reason, whether express or implied, by law or otherwise includes but is not limited to any warranties regardless of commercial purpose, free from the violation and suitability for any purpose. Besides, the Company does not warrant that the  Influencer will receive an offer or payment of any services for using the Tellscore Platform or other services from the Company.

The above provision does not affect the warranty of any kind that cannot be excluded or restricted by law.

20. Limitation of liability

In any case, the Company, including its affiliates, licensors, service providers, employees, agents, officers, or directors, shall not be liable for any direct damage caused by or in connection with the use of the Tellscore Platform by the Influencer. It includes any loss cause of the inability to use the Tellscore Platform, websites, or social networking, which connected to the Tellscore Platform, any content on the Tellscore Platform, other websites, any services, or items received through the Tellscore Platform or other such websites. Also, the Company is not responsible for any indirect damage, specifically damage, consequential damage or punitive damage, including but not limited to personal injury, pain, suffering, pressure, loss of income, loss of profits, business loss, the expected amount loss, loss of goodwill and loss in the database whether the violation occurred from the wrongful act (including negligence), breach of contract or otherwise. However, such damage can be expected.

In case of the joint liability of the Company and Affiliate, licensors, service providers, employees, agents, officers, and directors to other parties (regardless of the form of action whether by contract, tort or otherwise) will not exceed the amount which the Influencer paid to the Company for the Service during the last one month of such liability has occurred.

The Influencer must exercise the right to claim damages caused by any cause of action arising from or related to these Terms of Use or the Tellscore Platform within one (1) year from the date of causing such action. Otherwise, it shall be deemed the Influencer no longer wishes to exercise its claims.

The above provision will not affect any liability that cannot be excluded or restricted by law.

21. Compensation

The Influencer agrees to defend, indemnity, and will not cause damage with the Company, Affiliate, licensor and Service providers, officers, directors, employees, contractors, licensees, successors, and assignees. The Influencer is responsible for any claims, liability, damages, verdicts, losses, costs, expenses or fees (including reasonable attorney fees) arising out of or in connection with the Influencer violating these Terms of Use or using of the Tellscore Platform, the Influencer's Content, any other user of the Tellscore Platform, services and products except expressly permitted in these Terms of Use or the Influencer uses information obtained from the Tellscore Platform.

22. Waiver and Severability

Omission or delay of the Company to exercise any part of the rights under the Terms of Use will not be considered a waiver of rights.

If the Terms of Use, in whole or in part, are decided by a court or any other panel having jurisdiction that it is incomplete, against the law or unenforceable for any reason, Such Terms of Use shall remain in full force and effect as the remaining Terms of Use.

23. Governing law and jurisdiction

Both parties agree (can not be revoked) that these Terms of Use shall be governed by the law and regulations of Thailand and under the jurisdiction of the courts in Thailand.

24. Influencer comments and recommendations

Tellscore Co., Ltd operates the Tellscore Platform.

If the Influencer has any responding, comments or requests for technical support and other communications related to the Tellscore Platform, the Influencer should contact the Company via the following email: contact@tellscore.com

Thank you for visiting the Tellscore Platform.

25. Prohibited goods and services list

Prohibited goods and services list, including the following items:

  • All types of alcoholic beverages (for some countries where advertising not permitted by law.)
  • Tobacco, cigars, and all products related to smoking (for some countries where advertising not permitted by law)
  • Firearms and all items related to weapons.
  • Animal and wildlife products, including but not limited to live animals, namely shark fins and ivory.
  • Medicine, medical equipment, medical treatment kit, including but not limited to prescriptions, heart rhythm control devices, and equipment for surgery.
  • Any property acquired by theft.
  • Prostitution or human trafficking.
  • Infringing intellectual property products.
  • Gambling or any service related to obscenity, liquor, firearms, cigarettes, and drugs, or sells and/or provides the service associated with the software, computer programs, music, movies (which the seller does not the owner of the copyright or without a legitimate right to operate). In addition, any products and/or services may violate the law and good morals of the people in the future.