Terms and Conditions

Last Updated: 10/01/2024

Welcome to Vidbuzz! These terms and conditions outline the rules and regulations for the use of our website and SaaS platform, available at vidbuzz.io. By signing up, accessing, or using the platform, you agree to be bound by these terms. If you disagree with any part of the terms, please do not use our service.

1. Definitions

• “Service” refers to the Vidbuzz SaaS application, which allows users to discover content and track followers on TikTok and Instagram.
• “User” refers to anyone who creates an account and uses our Service.
• “Subscription” refers to the paid service plan that users purchase through Stripe to access the features of the platform.

2. Account and Subscription

To use our Service, users must sign up with a valid email address and select a subscription plan. Payment for the subscription is handled securely by Stripe, and users agree to abide by Stripe’s Terms of Service and Privacy Policy.

3. User Responsibilities

• Users must be at least 18 years old or have parental consent to use the Service.
• Users are responsible for maintaining the confidentiality of their account login information and are responsible for any activities that occur under their account.
• Users agree not to misuse the Service, including, but not limited to, attempting to gain unauthorized access, scraping data, or using the Service for any illegal or unauthorized purposes.
• Users are solely responsible for ensuring that their use of the Service complies with all applicable laws, including but not limited to copyright laws. Users agree not to infringe on the intellectual property rights of others.

4. Content and Data

Our Service enables users to track social media accounts on TikTok and Instagram. Please note:

• We do not own or control the content displayed from TikTok or Instagram. The content belongs to and is controlled by the respective platform and user.
• Users are responsible for ensuring that their usage of the Service complies with TikTok and Instagram’s terms and policies, as well as copyright laws.
• We do not store or manage user-specific data on TikTok or Instagram. Our Service only provides a viewing and tracking interface.

5. Payment and Refunds

• Payments are processed securely through Stripe. By subscribing, you authorize us to charge your payment method for the subscription fees on a recurring basis.
• All subscriptions are billed in advance. Users may cancel their subscription at any time through their account settings; however, no refunds will be provided for the current billing cycle.
• In the event of a failed payment, access to the Service may be restricted until payment issues are resolved.

6. Limitations of Liability

• The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.
• We do not guarantee the accuracy or completeness of data from TikTok or Instagram, nor do we guarantee uninterrupted access to the Service.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Service.
• Our liability to users for any claims arising under these terms is limited to the total subscription fees paid in the past six months.

7. Prohibited Uses

Vidbuzz explicitly prohibits the use of data, insights, or any content obtained from the platform to:

• Create, replicate, distribute, or otherwise use content that infringes upon third-party intellectual property rights, including but not limited to copyrights, trademarks, or patents.
• Violate the likeness rights of real-life individuals, including public figures, celebrities, or political figures, without their explicit consent.
• Engage in any unlawful activities or breach applicable laws, regulations, or industry standards.
• Perform unethical or unauthorized practices, including scraping, data mining, or using the platform’s insights for malicious purposes.
• Disseminate false, misleading, defamatory, or harmful content based on platform data.

Violation of these restrictions may result in immediate suspension or termination of your account, and Vidbuzz reserves the right to pursue legal remedies for any prohibited use.

8. Indemnification

By accessing or using the platform, you agree to indemnify, defend, and hold harmless Vidbuzz, its affiliates, officers, directors, employees, contractors, and agents, from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use or misuse of the platform;
• Creation, replication, or distribution of content based on platform data that infringes upon third-party intellectual property or likeness rights;
• Your violation of these Terms of Service or any applicable laws, regulations, or third-party rights;
• Claims or disputes resulting from your actions, including content creation or publication using platform insights.

This indemnification obligation will survive the termination of your account and use of the Service.

9. Limitation of Liability

To the fullest extent permitted by law, Vidbuzz shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to:

• Loss of revenue, profits, data, or goodwill;
• Legal fees or costs arising from disputes or claims;
• Claims of intellectual property infringement or likeness rights violations stemming from user-created content;
• Any third-party claims, disputes, or damages arising out of or related to the use of platform data or insights.

This limitation applies regardless of the legal theory under which such liability is asserted—whether in contract, tort, negligence, or otherwise—even if Vidbuzz has been advised of the possibility of such damages. In any case, Vidbuzz’s total liability for claims arising out of or related to the Service will not exceed the total subscription fees paid by you in the six months preceding the claim.

10. No Legal Advice

The data and insights provided by Vidbuzz do not constitute legal advice. Users are responsible for understanding and complying with all applicable laws and regulations, including intellectual property and likeness rights, in their jurisdictions. Vidbuzz strongly encourages users to seek independent legal counsel regarding the creation, distribution, or publication of any content based on the data or insights provided by the platform.

11. Acknowledgment and Acceptance

By using the platform, you acknowledge and agree that:

• You have read, understood, and agreed to these Terms and Conditions, including all disclaimers and limitations of liability;
• You assume full responsibility for all content you create, replicate, or distribute using the platform’s data and insights;
• You release Vidbuzz from any and all liability associated with your use of the platform, including but not limited to claims of intellectual property infringement or likeness rights violations;
• Your continued use of the platform constitutes acceptance of these Terms, as they may be updated from time to time.

If you do not agree to any of these terms, you must discontinue your use of the platform immediately.

12. Changes to the Service

We reserve the right to modify or discontinue the Service (or any part thereof) at any time, temporarily or permanently, with or without notice. We will not be liable to users or third parties for any modification, suspension, or discontinuance of the Service.

13. Termination

We reserve the right to suspend or terminate your access to the Service if you violate these terms. Upon termination, you will not receive a refund for the remaining period of your subscription.

14. Changes to Terms

We may update these Terms from time to time. We will notify users of significant changes by posting an update on our website or notifying you by email. Continued use of the Service after such changes will constitute your consent to the revised terms.

15. Contact Us

If you have any questions or concerns about these Terms, please contact us at hello@vidbuzz.io.

By using our Service, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.