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TESS Terms of Service

Last Updated: January 2026

1. Introduction and Acceptance

Welcome to TESS, a web application operated by KB Partners LLC, doing business as "The Fast Track Girl" ("Company," "we," "us," or "our"). TESS is a tool designed to help TikTok Shop affiliates find profitable products, generate sales content, and track their TikTok performance.

By accessing or using TESS ("Service"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

If you are using the Service on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms, and "you" refers to that entity.

2. Eligibility

To use TESS, you must:

  • Be at least 18 years of age or the age of legal majority in your jurisdiction
  • Have a valid TikTok Shop affiliate account (for TikTok-related features)
  • Have purchased a subscription through our authorized payment partner (Spiffy)
  • Provide accurate, complete, and current registration information
  • Not be prohibited from using the Service under applicable laws

3. Description of Service

3.1 Core Features

TESS provides the following services to members:

Product Discovery:

  • AI-powered search for Amazon products suitable for TikTok Shop promotion
  • Product data processing and review summarization
  • Integration with Voiceflow for content generation (scripts, hooks, captions)

TikTok Analytics (for Agency Members with TikTok Shop Affiliate API access):

  • View your own TikTok Shop performance metrics
  • Track sales, GMV, commissions, and video performance
  • Access follower demographics and engagement data
  • Monitor campaign and product performance

Content Management:

  • Save and organize generated scripts, hooks, and captions
  • Favorites and folder organization

Creator-Brand Marketplace (when available):

  • Browse and connect with brand partnership opportunities
  • Receive campaign invitations from brands seeking creators
  • View brand requirements, compensation details, and collaboration terms
  • Facilitate introductions between creators and brands

3.2 Service Limitations

TESS is a tool to assist your TikTok Shop affiliate business. We do not:

  • Guarantee any specific income, sales, or results
  • Manage your TikTok Shop account on your behalf
  • Process payments or commissions
  • Provide financial, legal, or tax advice

3.3 Mobile Application

TESS may be available as a mobile application for iOS and Android devices. When using the mobile app:

  • Device Requirements: You are responsible for ensuring your device meets the minimum requirements for the app and for maintaining a compatible operating system version
  • App Store Terms: Your download and use of our mobile app is also subject to the terms of the applicable app store (Apple App Store or Google Play Store)
  • Updates: We may release updates to the mobile app that include new features, bug fixes, or security patches. Some updates may be required to continue using the Service
  • Device Permissions: The app may request access to certain device features (camera, photos, notifications). These permissions are used to enhance your experience and you can manage them in your device settings
  • Offline Access: Some features may work offline with cached data, but full functionality requires an internet connection

4. Account Registration and Security

4.1 Account Creation

Access to TESS is by invitation only. After purchasing a subscription through Spiffy, you will receive an invitation email to create your account via Clerk authentication.

4.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised.

4.3 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

5. TikTok Integration and Data

5.1 Authorization

By linking with our agency through the TikTok Shop Partner Center, you authorize us to access your TikTok Shop performance data via the TikTok Shop Affiliate API. This includes:

  • Searching for and retrieving your creator profile and performance metrics
  • Accessing your sales, GMV, commission, and content performance data
  • Viewing campaign and product statistics for products you promote
  • Storing and displaying this data within the TESS platform

5.2 API Access

We access your data through the following TikTok Shop Affiliate API capabilities:

  • Creator Marketplace Data: Your profile information, follower demographics, and performance metrics
  • Campaign Performance: Product-level and creator-level statistics for agency campaigns you participate in
  • Content Statistics: Performance data for your videos and livestreams promoting campaign products
  • Reference Data: Category and brand information for displaying your GMV breakdowns

5.3 Your Data

When you link with our agency, we collect and display data including but not limited to:

  • Profile information (username, display name, avatar, bio, region)
  • Follower counts and demographics (age, gender, location distribution)
  • Sales metrics (GMV, units sold, commission rates, GPM)
  • Video and livestream performance data (views, likes, comments, shares, engagement rates)
  • Campaign and product performance statistics
  • Sample fulfillment status for products you're promoting

5.4 Data Visibility

Your data is visible only to you. We do not share individual creator performance data with other users. Each creator can only view their own statistics.

5.5 Aggregate Analytics

We may analyze aggregated, anonymized data across our user base to improve our services and provide better support to our agency members. This analysis is used solely to enhance the Partner Services we provide to you and other members, such as:

  • Identifying performance benchmarks
  • Improving our training and educational content
  • Optimizing the TESS platform features

This aggregated data cannot be used to identify any individual creator.

5.6 Data Accuracy

Performance data is provided by TikTok's API and is subject to TikTok's data availability and accuracy. We display data as received and do not guarantee its accuracy or completeness. Some metrics may be delayed or unavailable based on TikTok's API limitations.

5.7 Disconnection

You may disconnect your TikTok account from TESS at any time through the Settings page. Upon disconnection:

  • We will stop collecting new data from your TikTok account
  • Previously collected data may be retained as described in our Privacy Policy
  • You can request deletion of your data as outlined in our Privacy Policy

6. Agency Membership

6.1 Agency Relationship

If you are an Agency Member (a TikTok Shop creator who has linked with our agency through the TikTok Shop Partner Center), you acknowledge that:

  • You have voluntarily authorized our agency to access your TikTok Shop performance data
  • We access your data through the TikTok Shop Affiliate API as an authorized Partner
  • Your data is used to provide Partner Services as defined by TikTok's Partner Center Terms of Service

6.2 Consent to Data Access

By linking with our agency and using TESS, you consent to:

  • Our access to your TikTok Shop performance metrics
  • Display of your own data to you within the TESS platform
  • Use of aggregated analytics to improve services for all agency members

6.3 Revocation

You may revoke your agency linkage at any time through the TikTok Shop Partner Center. Upon revocation:

  • We will lose API access to your data
  • You will no longer be able to view TikTok Shop statistics in TESS
  • Your TESS account and other features (product search, content generation) will remain active

7. Brand Partnership Features

7.1 How Brand Partnerships Work

TESS may offer features that help connect creators with brands seeking promotional partnerships. These features are designed to surface opportunities and make introductions - think of it like a matchmaking service for business collaborations. We provide the platform for discovery, but we step back once connections are made. Any deals, contracts, or working relationships that result are entirely between you and the other party. We don't negotiate terms, enforce agreements, or take a cut of your earnings from these partnerships.

7.2 Your Obligations as a Creator

When you use TESS to find or engage with brand opportunities, remember that you're running your own business. That means you're on the hook for:

  • Staying legal: Following FTC guidelines, making #ad disclosures, and complying with advertising laws in your jurisdiction
  • Platform rules: Making sure your sponsored content follows TikTok's rules and any other platform where you post
  • Keeping your word: If you agree to deliverables, deadlines, or exclusivity with a brand, that's your commitment to honor
  • Quality control: Creating authentic content that represents both you and the brand fairly

7.3 Your Obligations as a Brand

If you're a brand using TESS to find creators, you similarly bear responsibility for:

  • Product compliance: Your products must be legal to sell and advertise in relevant markets
  • Honest representation: Don't mislead creators about compensation, expectations, or product details
  • Clear guidelines: Provide creators with brand guidelines that don't require them to violate platform rules or laws
  • Timely payment: Honor your financial commitments to creators per whatever terms you agree upon

7.4 We Don't Vet or Guarantee Anyone

Let's be clear: we don't background check brands, verify creator metrics independently, or guarantee that any partnership will be successful or even pleasant. A brand appearing in TESS doesn't mean we endorse their products. A creator's profile doesn't mean we vouch for their work quality. Do your own due diligence before entering any business relationship.

7.5 Money Matters Are Between You

How you get paid, when you get paid, and how much you get paid - that's all negotiated directly between creators and brands. TESS doesn't process partnership payments, escrow funds, or chase down late invoices. If a brand doesn't pay you or a creator doesn't deliver, that's a dispute between you two, not something we can resolve.

8. Referral Rewards

8.1 Earning Through Referrals

We may introduce a referral program that lets you earn rewards for bringing new members to TESS. If we launch such a program, the specific details - how much you earn, when you get paid, and what qualifies as a successful referral - will be published separately. This section covers the ground rules that apply to any referral program we offer.

8.2 Playing by the Rules

Referral programs only work when participants act honestly. If you choose to participate, here's what we expect:

  • Be transparent: When you recommend TESS, disclose that you may earn a reward. The FTC requires this, and so do we.
  • Keep it genuine: Share TESS with people who might actually benefit from it. Don't spam strangers or buy fake signups.
  • Stay honest: Don't make promises about TESS that aren't true. No "guaranteed income" claims or misleading testimonials.
  • Respect boundaries: No mass emails to purchased lists, no deceptive ads, no pretending to be us.

8.3 How Payments Work

If you earn referral rewards, a few things to know: we'll pay according to whatever schedule and method we announce for the program. We may hold payments if we suspect something fishy - like if the same person keeps signing up with different emails, or if referrals cancel suspiciously fast. You're responsible for reporting any earnings to tax authorities; we'll provide documentation as required by law, but the tax bill is yours.

8.4 We Can Change Things

Referral programs aren't permanent entitlements. We might adjust commission rates, change qualification rules, pause the program during busy seasons, or shut it down entirely. We'll try to give reasonable notice for major changes, but we reserve the right to act quickly if we spot abuse or if business circumstances require it.

8.5 Removal from the Program

If you violate these rules or the spirit behind them, we can kick you out of the referral program. In cases of fraud or serious misconduct, you'll lose any unpaid rewards. We're not going to pay someone who gamed the system. For minor issues or just a mutual parting of ways, we'll honor legitimate pending rewards subject to our standard payment schedule.

9. Acceptable Use

9.1 Permitted Uses

You may use TESS to:

  • Search for products to promote on TikTok Shop
  • Generate content for your TikTok videos
  • Track your own TikTok Shop performance
  • Organize and manage your generated content

9.2 Prohibited Uses

You may NOT use TESS to:

  • Access or attempt to access another user's account or data
  • Scrape, harvest, or collect data from the Service using automated means
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Share your account credentials with others
  • Resell, redistribute, or sublicense access to the Service
  • Use the Service for any illegal purpose
  • Circumvent any access controls or security measures
  • Interfere with or disrupt the Service or servers
  • Transmit viruses, malware, or other malicious code
  • Violate TikTok's Terms of Service or Community Guidelines
  • Misrepresent your affiliation with any person or entity

9.3 Content Guidelines

Content you create using TESS must comply with:

  • TikTok's Community Guidelines
  • TikTok Shop's policies and guidelines
  • FTC disclosure requirements for affiliate marketing
  • All applicable laws and regulations

10. Intellectual Property

10.1 Our Property

TESS, including its software, design, features, and content (excluding User Content), is owned by or licensed to the Company and is protected by copyright, trademark, and other intellectual property laws.

10.2 Your Content

You retain ownership of content you create using TESS (scripts, hooks, captions). By using the Service, you grant us a limited license to store and display your content to you within the platform.

10.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation to you.

11. Subscription and Payment

11.1 Subscription

Access to TESS requires an active paid subscription purchased through our authorized payment partner (Spiffy).

11.2 Billing

Subscription fees, billing cycles, and payment terms are as described at the time of purchase. Payments are processed by Spiffy; we do not directly handle payment information.

11.3 Cancellation

You may cancel your subscription at any time through Spiffy. Upon cancellation:

  • You will retain access until the end of your current billing period
  • No refunds will be provided for partial billing periods
  • Your account will be deactivated after your subscription expires

11.4 Price Changes

We reserve the right to change subscription prices. Price changes will be communicated in advance and will apply to subsequent billing periods.

12. Disclaimers

12.1 "As Is" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2 No Guarantee of Results

WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USING TESS. YOUR SUCCESS AS A TIKTOK SHOP AFFILIATE DEPENDS ON MANY FACTORS BEYOND OUR CONTROL.

12.3 Third-Party Services

TESS integrates with third-party services (TikTok, Amazon, OpenAI). We are not responsible for the availability, accuracy, or reliability of these services.

12.4 Data Accuracy

WE DISPLAY DATA AS PROVIDED BY TIKTOK'S API. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY DATA DISPLAYED.

12.5 AI-Generated Content Disclaimer

TESS uses artificial intelligence (AI) to provide product search, content generation, and analytics features. THE AI-DRIVEN TOOLS, ANALYTICS, AND RECOMMENDATIONS PROVIDED THROUGH THE SERVICE ARE BASED ON ALGORITHMIC ANALYSIS AND MAY NOT ALWAYS BE ACCURATE, COMPLETE, OR SUITABLE FOR YOUR SPECIFIC NEEDS. The Company disclaims all warranties regarding the accuracy, reliability, or effectiveness of AI-generated insights, recommendations, scripts, hooks, captions, or analytics data. You are solely responsible for reviewing and verifying any AI-generated content before use. AI-generated content should not be relied upon as professional, legal, financial, or business advice.

13. Limitation of Liability

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

13.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

13.3 Basis of the Bargain

THE LIMITATIONS IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US.

13.4 AI and Marketplace Specific Limitations

The Company shall not be liable for any damages or losses resulting from: (a) inaccuracies in AI-generated content, recommendations, or analytics; (b) actions or omissions of other users of the Service; (c) any creator-brand relationships or transactions facilitated through the Service; (d) interruptions or failures of third-party services, including TikTok, Apple, Amazon, or AI services; or (e) changes to third-party APIs or terms of service that affect Service functionality.

14. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your violation of any applicable laws or regulations
  • Content you create or share using the Service
  • Your relationships or transactions with other users of the Service (including creator-brand partnerships)
  • Your use of AI-generated content in ways that violate third-party rights or applicable laws

15. Termination

15.1 By You

You may terminate your account at any time by canceling your subscription and contacting us at support@thefasttrackgirl.com.

15.2 By Us

We may suspend or terminate your access to the Service immediately, without prior notice, if:

  • You breach these Terms
  • Your subscription lapses or payment fails
  • We are required to do so by law
  • We discontinue the Service

15.3 Effect of Termination

Upon termination:

  • Your right to access the Service immediately ceases
  • We may delete your account data (subject to legal retention requirements)
  • Provisions of these Terms that by their nature should survive termination will survive

16. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes through the Service or via email. Your continued use of the Service after such notice constitutes acceptance of the modified Terms.

17. Dispute Resolution

17.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at support@thefasttrackgirl.com to attempt to resolve the dispute informally.

17.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles.

17.3 Jurisdiction

Any disputes arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of such courts.

17.4 Time Limitation

Any claim against the Company arising out of or relating to these Terms or the Service must be commenced within one (1) year after the cause of action accrues, or such claim shall be permanently barred. This limitation applies to all claims, whether based in contract, tort, statute, or any other legal theory.

17.5 Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR THE COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. You further agree that no proceeding will be joined, consolidated, or combined with another proceeding without the prior written consent of the Company and all parties to any such proceeding.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the Service.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

18.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

18.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations without restriction.

18.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

18.6 Force Majeure

The Company shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature, acts of God, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, or any other cause beyond the reasonable control of the Company.

19. Contact Information

For questions about these Terms, please contact us:

KB Partners LLC (dba The Fast Track Girl)
Email: support@thefasttrackgirl.com
Website: https://app.thefasttrackgirl.com

By using TESS, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.