Terms of Service

1. Acceptance of Terms

1.1 Agreement Formation

By clicking "I Agree", creating an account, accessing, or using the FandSync Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. This Agreement becomes effective upon your first access to or use of the Service.

1.2 Modifications

FandSync reserves the right to modify these Terms at any time. We will provide notice of material changes by posting updated Terms with a revised "Last Updated" date, sending email notifications, or displaying prominent notices within the Service. Continued use after changes constitutes acceptance of modified Terms.

1.3 Additional Policies

These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, and Cookie Policy. All policies form an integral part of this Agreement.

2. Eligibility Requirements

You must be at least 18 years old or the age of majority in your jurisdiction to use FandSync. By using the Service, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into binding contracts
• If registering on behalf of an entity, you have authority to bind that entity
• Your use will not violate any applicable laws or regulations

3. Account Registration and Security

3.1 Account Creation

To use certain features, you must create an account by providing accurate, current, and complete information including your name, email address, and password. You agree to maintain and promptly update this information to keep it accurate and complete.

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must immediately notify FandSync of any unauthorized use of your account or security breaches.

3.3 Account Restrictions

Each account is personal and may not be shared, transferred, or sold. You may not create multiple accounts without written permission, use false information, or impersonate others.

4. Description of Service

FandSync is a Software-as-a-Service (SaaS) platform providing:

• Multi-account TikTok management and switching
• Content scheduling and automated publishing
• AI-powered content suggestions, captions, and hashtag recommendations
• Analytics and performance tracking dashboards
• Team collaboration and workflow management tools

FandSync reserves the right to modify, update, or discontinue any features at any time without notice. Beta features may be provided "as is" without warranties.

5. TikTok Integration and Third-Party Services

5.1 Independence from TikTok

FandSync is an independent third-party service and is not affiliated with, endorsed by, or sponsored by TikTok Inc. or ByteDance Ltd. Use of TikTok's name is solely for descriptive purposes to indicate platform compatibility.

5.2 API Dependence

Service functionality depends on third-party APIs, including TikTok's APIs. FandSync has no control over these APIs and cannot guarantee their availability, performance, or continued operation. Changes to third-party APIs may affect Service functionality without notice or liability.

5.3 Third-Party Platform Actions

FandSync is not responsible for actions taken by third-party platforms, including account suspensions, content removal, API restrictions, or policy violations. You are solely responsible for compliance with third-party platform terms and policies.

5.4 Rate Limits

Third-party platforms impose rate limits and usage restrictions. FandSync may implement additional rate limiting to ensure fair use and comply with third-party requirements. Scheduled posts may be delayed or queued if limits are exceeded.

5.5 User Control and Consent for Actions

All publishing and scheduling features require explicit user configuration and approval. FandSync complies with TikTok platform rules and does not engage in or facilitate spam, artificial engagement manipulation, or any behavior that violates TikTok's Terms of Service or Community Guidelines. You are solely responsible for ensuring your use of FandSync complies with all applicable TikTok policies.

6. AI-Generated Content Disclaimers

6.1 Nature of AI Content

AI-generated suggestions, captions, and hashtags are created by automated systems and are not reviewed by humans before presentation. Quality, relevance, and appropriateness may vary significantly.

6.2 No Guarantees

6.3 User Responsibility

YOU ARE SOLELY RESPONSIBLE for reviewing, editing, and approving all AI-generated content before publication. You must verify accuracy, ensure legal compliance, and confirm appropriateness for your audience. FandSync has no liability for consequences of publishing AI-generated content.

7. User Content and Intellectual Property

7.1 Ownership

You retain all ownership rights to your User Content. FandSync does not claim ownership of content you upload or create through the Service.

7.2 License Grant

By uploading content, you grant FandSync a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your content solely for:

• Operating and providing the Service
• Publishing content to third-party platforms as requested
• Generating analytics and insights
• Training and improving AI models (using aggregated/anonymized data)
• Legal compliance and rights enforcement

7.3 Content Restrictions

You may not upload content that is illegal, infringes intellectual property rights, contains malware, promotes violence or discrimination, exploits minors, constitutes spam, or violates third-party platform policies.

8. FandSync Intellectual Property

8.1 Proprietary Rights

The Service, including software, source code, algorithms, designs, trademarks, and documentation, is FandSync's exclusive property and is protected by intellectual property laws. You receive only a limited license to use the Service.

8.2 Source Code

The FandSync source code is proprietary and not publicly distributed. No rights to access, copy, or modify source code are granted unless explicitly authorized in writing. If access is granted, code will be licensed under the MIT License unless otherwise specified.

8.3 Restrictions

You may not reverse engineer, decompile, resell, redistribute, or create derivative works based on the Service. You may not remove proprietary notices or use the Service to develop competing products.

9. Subscriptions and Payments

9.1 Subscription Plans

FandSync offers free and paid subscription plans with varying features and usage limits. Plan details and pricing are disclosed before purchase and may change with notice.

9.2 Payment Terms

Subscription fees are due in advance on a recurring basis (monthly or annually). By providing payment information, you authorize FandSync to charge your payment method for all applicable fees and taxes. You must maintain valid payment information throughout your subscription.

9.3 Automatic Renewal

9.4 Refund Policy

All fees are non-refundable except as required by law or for billing errors. Cancellation does not entitle you to refunds for partial billing periods or unused features. Refund requests must be submitted within 30 days of the charge.

9.5 Price Changes

FandSync may modify pricing with at least 30 days' notice. Price changes take effect at the next billing cycle. Continued use after notice constitutes acceptance of new pricing.

10. Acceptable Use Policy

You agree not to:

• Use the Service for illegal activities or to violate any laws
• Violate third-party platform terms, policies, or community guidelines
• Use automated systems, bots, or scrapers without authorization
• Attempt to bypass security measures or gain unauthorized access
• Interfere with Service operation or impose unreasonable loads
• Send spam, unsolicited communications, or engage in fraudulent activity
• Artificially manipulate metrics, engagement, or performance indicators
• Harass, abuse, or harm others through the Service

Violations may result in immediate account suspension or termination, content removal, and potential legal action.

11. Service Availability and Disclaimers

11.1 "As Is" Provision

11.2 No Availability Guarantee

FandSync does not guarantee continuous, uninterrupted, or error-free access. The Service may experience downtime for maintenance, technical issues, or third-party dependencies. We may suspend, modify, or discontinue features without notice.

12. Limitation of Liability

12.1 Exclusion of Damages

12.2 Liability Cap

FandSync's total aggregate liability shall not exceed the greater of (a) fees paid by you in the 12 months preceding the claim, or (b) $100 USD. This limitation applies regardless of legal theory and even if FandSync was advised of possible damages.

12.3 Essential Purpose

These limitations reflect a reasonable allocation of risk and are an essential basis of our agreement. They survive termination and apply even if remedies fail of their essential purpose.

13. Indemnification

You agree to indemnify, defend, and hold harmless FandSync from all claims, damages, losses, and expenses (including attorneys' fees) arising from:

• Your use or misuse of the Service
• Your User Content, including infringement or policy violations
• Violation of these Terms or applicable laws
• Third-party platform actions resulting from your content or conduct
• Use of AI-generated content you chose to publish

14. Termination

14.1 Termination by You

You may terminate your account anytime through account settings or by contacting support. You will not receive refunds for the current billing cycle.

14.2 Termination by FandSync

FandSync may suspend or terminate your access immediately for violations of these Terms, fraudulent activity, non-payment, excessive use, or any reason at our sole discretion. Termination may occur without prior notice.

14.3 Effect of Termination

Upon termination, your access ceases immediately. FandSync may delete your account and data, though certain data may be retained for legal compliance or backup purposes. You remain liable for all fees incurred before termination.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before formal proceedings, you agree to attempt informal resolution by contacting support with a detailed description of the dispute. We will attempt good faith negotiations for 60 days.

15.2 Binding Arbitration

Disputes not resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitrator's decision is final and binding.

15.3 Class Action Waiver

15.4 Opt-Out

You may opt out of arbitration by sending written notice within 30 days of accepting these Terms. If you opt out, disputes will be resolved in court.

16. General Provisions

16.1 Governing Law

These Terms are governed by applicable laws without regard to conflict of law principles. Jurisdiction details will be specified based on business structure.

16.2 Entire Agreement

These Terms, together with incorporated policies, constitute the entire agreement and supersede all prior understandings.

16.3 Severability

If any provision is invalid or unenforceable, remaining provisions continue in full force and effect.

16.4 Assignment

You may not assign these Terms without written consent. FandSync may freely assign its rights and obligations.

16.5 Force Majeure

FandSync is not liable for failures caused by circumstances beyond reasonable control, including natural disasters, government actions, or internet outages.

16.6 Notices

All notices shall be in writing via email to your registered address or to legal@fandsync.com for notices to FandSync.