ADHESION CONTRACT FOR THE WEB PLATFORM “www.tawa.digital” & THE MOBILE APPLICATION “TAWA Digital Talents”
Between the undersigned:
TAWA – SA, a Tunisian company with a capital of 60,000 TND, located at Rue Victor Hugo, Immeuble Mahjoub, 3rd Floor C1 – Sousse 4002, Tunisia; registered at the National Business Register under number 1693208Z, represented by its CEO, Mr. Mohamed Salah MBAREK,
Hereinafter referred to as “the service provider” and/or “the intermediary, tawa.digital”,
On the one hand,
And
The Client, meaning any user of the platform searching for content creators on social media and wishing to collaborate with brands to promote products or services,
Hereinafter referred to as “the client”,
On the other hand,
1. Conditions of Membership to the Web Platform “tawa.digital” & the Mobile Application “TAWA Digital Talents”
It is recalled that:
The intermediary develops and manages the website available at http://www.tawa.digital and the mobile application “TAWA Digital Talents”, whose purpose is to connect content creators (freelancers, social media management companies, creators on Facebook, Instagram, YouTube, Snapchat, Pinterest, and other networks) with advertisers (brands seeking promotional services on social media).
Presence on tawa.digital:
The tawa.digital platform enables automated searches on social networks for active accounts based on several criteria (type of content, number of followers, subscriptions, posts, reactions, comments, etc.).
All reports on collected accounts are stored exclusively on TAWA servers.
Any person wishing to consult these collected accounts and statistical reports must register and create an account on the platform.
2. General Terms for Influencers (GTI)
Article 1 – Purpose of the Contract
This contract defines the conditions under which the intermediary provides, via the platform, communication of contact details between content creators and advertisers. This includes automated searches on social networks, with results stored in the platform’s database.
The client acknowledges that such communication and connection are made possible solely through the intermediary’s platform.
The intermediary commits to providing the client with complete contact details (first name, last name, phone number, email, and official social accounts) as well as statistical reports based on proprietary mathematical formulas exclusive to tawa.digital, once the client selects a subscription plan.
Article 2 – Listing Conditions
To manage future collaborations, the client will only gain access to detailed creator data after registering and creating a verified account. Nicknames/pseudonyms are allowed only as secondary information.
With each connection request, the client may be in competition with other creators or advertisers. The intermediary will simply notify the client of potential competition. The intermediary does not provide any exclusivity.
Article 3 – Fees, Payment Terms, and Renewals
A secure online payment area is available, offering subscription-based services with a commitment period.
Access to statistical reports and direct contact with entries in the tawa.digital database requires subscribing to one of our plans.
Payment methods: by credit card (or others as agreed between the client and the intermediary).
tawa.digital reserves the right to modify its terms of sale at any time.
Article 4 – Limitation of Liability
The intermediary commits to transmitting messages from creators, influencers, or advertisers as soon as the client subscribes.
The intermediary does not guarantee the execution or signing of any contract between the parties. Its role is limited to facilitating contact and providing statistical reports in real time.
The responsibility for any final agreement lies fully and solely with the client.
The client is fully responsible for any information they publish. In case of false or misleading information that may constitute deceptive advertising, the intermediary cannot be held liable.
Article 5 – Client Obligations
The client agrees to provide valid and truthful information in the registration form.
The client agrees to provide accurate offers and quotes that they are capable of fulfilling.
Failure to comply gives tawa.digital the right to delete the client’s account without compensation.
The client agrees not to misuse the information system or platform content for self-promotion.
Requests for registration will be rejected if the content:
- Violates laws, third-party rights, or includes illegal/pornographic, racist, defamatory, discriminatory, or extremist material.
- Could harm the image of TAWA or its advertisers.
- Is incompatible with their commercial policy.
Clients must allow TAWA to verify that their editorial content complies with the above rules.
Article 6 – Confidentiality
Both parties commit to treating all documents, financial agreements, discounts, and know-how exchanged under this contract as confidential, during and after the contract term.
Article 7 – Data
The client grants TAWA the right to collect and use all non-personal data obtained during influencer participation in advertising campaigns, for purposes such as technology improvement and statistical analysis.
All resulting databases are the exclusive property of TAWA.
Article 8 – Notices & Domicile
All correspondence between the parties will be considered valid when sent by any written traceable method (email, registered letter, etc.).
The parties elect domicile at their respective addresses listed at the beginning of this document.
Article 9 – Contract Duration & Termination
Membership to tawa.digital or the mobile app is recorded in business days. Monthly memberships may be terminated at any time without cancellation fees.
Termination must be done using any method that leaves a written record.
By returning this signed contract (handwritten or electronic), the client agrees to comply with the contract terms, the website’s General Terms of Use (GTU), the General Terms for Influencers (GTI), data protection rules, legal notices, and the non-competition clause.
TAWA may terminate any subscription without prior notice in case of breach by the client. Any amounts due remain owed, and no refund will be issued.
Article 10 – Non-Competition
The co-contractors, account managers, or their affiliates agree not to engage in activities competing with TAWA or its subsidiaries, directly or indirectly, including offering similar services or developing similar technologies, in Tunisia or abroad.
Article 11 – Intellectual Property & Authorization to Publish
TAWA owns all intellectual property rights relating to the website and mobile application.
Users agree not to use, exploit, or copy any part of the platform.
Clients authorize tawa.digital to publish their logos, brands, designs, photos, videos, teasers, or plans without restrictions.
These elements may remain online after a subscription expires unless the client explicitly requests removal.
Article 12 – Jurisdiction & Dispute Resolution
Any dispute arising from this contract shall be submitted to arbitration according to the Tunisian Arbitration Code.
Each party appoints an arbitrator within 15 days of notice. The two arbitrators then appoint a third. If one party fails to appoint an arbitrator, the President of the Tunis Court of First Instance will appoint one.
Arbitrators will rule definitively, with no right to appeal.
Article 13 – Data Protection
User data is intended for internal use by tawa.digital and may be shared with partners with the client’s consent.
Clients have the right to oppose, access, modify, or delete their personal information by emailing: hello@tawa.digital.
Article 14 – Modifications to the GTU & GTI
TAWA may modify its general terms at any time, including to comply with legal obligations. Users will be notified appropriately.
TAWA may modify the platform or mobile app, including design, content, and structure. Users will be informed of such changes.