These terms are the agreement between you and Topaz Studios LLC when you use topazstudiosllc.com or the Boomkit creator app. By using either one, you agree to them. If you don’t agree, don’t use them.
1. Who we are
Topaz Studios LLC (“Topaz Studios”, “we”, “us”) is a Utah limited liability company at 882 W 700 N, Provo, UT 84601. We make short-form video for brands, and we build and operate Boomkit, an iPhone app that pays creators to post short videos for brand campaigns. Test versions of the app show the name Topaz.
Video production work for a client follows the agreement for that project, and brands that buy campaigns sign their own agreement. These terms cover the website and the creator app. Our privacy policy explains how we handle your information.
2. Who can use Boomkit
You must be 18 or older to use the Boomkit app. You confirm your age when you sign up, and we close any account that belongs to someone younger.
You must give us accurate information and keep it current.
Creators work as independent contractors, not as our employees or the brand’s. You choose which campaigns to join and how to make your videos.
3. Your account
You sign in with a one-time code sent to your email. Keep that email account secure, because anyone who can read it can sign in as you.
You are responsible for what happens in your account. Tell us right away at zack@topazstudiosllc.com if you think someone else used it.
4. Posting accounts
Register only TikTok or Instagram accounts that you own and run, and follow each platform’s own terms and community rules.
We never ask for your social media passwords. Anyone who asks for one on our behalf is not us.
The campaign tells you which account to post from. A post from any other account doesn’t count.
5. Campaigns and pay
Creator pay follows the campaign rules in the app. The app shows each campaign’s rules before you join: what counts as a qualifying post, how views are counted, what each post and view pays, the limits, and when money becomes available. Those rules, together with the creator agreement shown in the app, decide what you earn.
Each campaign pays from its own budget. When a budget runs low, the app can lower or stop posting slots.
Money lands in your in-app wallet and becomes available to cash out 14 days later, unless the campaign rules say otherwise.
We don’t pay for posts or views that break these terms or the campaign rules. That includes bought or fake views, posts removed or made private while they count, posts without the required disclosure, and posts that break the brand’s guidelines. If we already paid for them, we take the amount back from your future earnings. We never send you a bill.
You are responsible for your own taxes. We may ask for a tax form, such as a W-9, before we pay you, and we file the tax forms the law requires.
6. Ad disclosure
Every campaign post is an ad. You must label it the way the campaign requires, such as “#ad” in the caption, and turn on the platform’s paid-partnership or branded-content setting where it has one. Keep the label on for as long as the post is up. US law, including the FTC’s endorsement rules, requires this.
7. What you may not do
Buy or trade views, likes, comments, shares or followers, or use bots or any other way to inflate numbers.
Submit someone else’s post, submit the same post twice, or pretend to be someone else.
Make false or misleading claims about a brand or its product, or say anything the brand’s guidelines rule out.
Post anything illegal, hateful, harassing, sexual, or that infringes someone else’s rights.
Copy, scrape, reverse engineer or interfere with the app or the website, or try to reach data that isn’t yours.
Boomkit doesn’t run campaigns for gambling, betting, prediction markets, political work, alcohol or cannabis.
8. Your videos
You keep ownership of the videos you make.
You let us read, store, show and link to your public campaign posts and their numbers: in the app, on your creator page while it is public, in campaign reports for the brand, and as anonymous patterns in the video coach.
Any further right a brand gets to use your video, such as running it as a paid ad, must be stated in the campaign or in a separate agreement you accept.
9. Our app and website
We own the app, the website and their design, text and code. We give you a personal, revocable license to use the app for its purpose while you follow these terms. Any agreement the app shows for paid work, including the independent contractor agreement, is part of these terms for you once you accept it.
10. Ending your use
You can delete your account in the app at any time. The privacy policy explains what we delete and what we keep as pay and tax records.
We can pause or close your account, or remove you from a campaign, if you break these terms or a campaign’s rules, if we suspect fraud, or if the law requires it. Campaign rules can also remove you from a campaign automatically, for example after days without posting.
When your account closes, we still pay money you earned from valid posts under the campaign rules.
11. Estimates and no guarantees
Coach tips, view predictions, earnings examples and similar numbers in the app are estimates. They are not promises of views, earnings or results. We don’t promise that any campaign will be available to you.
12. Disclaimers
We provide the app and the website “as is” and “as available”. To the extent the law allows, we disclaim all warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement. We don’t promise the app will always work or be free of errors. TikTok and Instagram are separate companies; we don’t control them, their rules, their view counts or what they do with your account.
13. Limit of liability
To the extent the law allows, Topaz Studios won’t be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, data or opportunities. Our total liability for any claim about the app or the website is limited to the greater of $100 or the earnings we owe you under the campaign rules. Some places don’t allow these limits, so they may not apply to you.
14. Your responsibility for claims
If someone makes a claim against us because of your videos, your posts, or your breaking these terms, a platform’s rules or the law, you will cover our reasonable costs of that claim, including legal fees.
15. Governing law
Utah law governs these terms, without regard to its conflict-of-law rules. Any dispute goes to the state or federal courts in Utah County, Utah, and you and we agree to their jurisdiction. Either of us can still bring a claim in small claims court.
16. Changes to these terms
We will post any change here with a new effective date. If a change matters, we will tell creators in the app or by email before it takes effect. If you keep using the app after that, the new terms apply. A change never reduces pay you already earned.