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Terms of Service

Last updated: December 4, 2024

Welcome to Flowctory. These Terms of Service ("Terms") govern your access to and use of the Flowctory website, applications, and services (collectively, the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

1. Service Description

Flowctory is a web-based application that enables users to upload, schedule, and post video content to their TikTok accounts through the TikTok Content Posting API. The Service acts as an intermediary between you and TikTok's platform, facilitating content management and publication.

The Service may include features such as:

  • Video uploading and processing
  • Post scheduling and queue management
  • Caption and privacy settings configuration
  • Post history and status tracking

Flowctory does not guarantee any specific outcomes from using the Service, including but not limited to video views, engagement, or follower growth on TikTok.

2. Eligibility

To use the Service, you must:

  • Be at least 16 years of age if you reside in the European Union, or 13 years of age if you reside elsewhere (or the minimum age required in your jurisdiction)
  • Have a valid TikTok account in good standing
  • Have the legal capacity to enter into a binding agreement
  • Not be prohibited from using the Service under applicable laws

If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

3. Accounts and Registration

3.1 TikTok Authentication

To use the Service, you must authenticate with your TikTok account using TikTok's OAuth system. By doing so, you authorize Flowctory to:

  • Access your basic TikTok profile information (display name, avatar, unique identifier)
  • Upload video content to your TikTok account on your behalf
  • Store OAuth tokens necessary for API communication

3.2 Account Security

You are responsible for maintaining the security of your account and any activities that occur under your account. You agree to:

  • Keep your TikTok credentials confidential
  • Notify us immediately of any unauthorized access to your account
  • Not share your Flowctory session with others

3.3 Revoking Access

You may revoke Flowctory's access to your TikTok account at any time by:

  • Signing out of Flowctory
  • Revoking access in TikTok's app permissions settings

4. Payment Terms

Flowctory currently offers free access to its Service. In the future, we may introduce paid subscription plans with additional features.

4.1 Future Paid Services

If paid services are introduced:

  • Pricing and features will be clearly communicated before purchase
  • Payments will be processed through secure third-party payment processors
  • Subscription terms, billing cycles, and cancellation policies will be provided at the time of purchase
  • You will have the opportunity to review and accept any additional terms before subscribing

4.2 Refunds

For any future paid services, refund policies will be communicated at the time of purchase and will comply with applicable consumer protection laws, including the European Union's 14-day withdrawal right for digital services where applicable.

5. License to Flowctory Services

5.1 License Grant

Subject to your compliance with these Terms, Flowctory grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.

5.2 Restrictions

You may not:

  • Copy, modify, or distribute the Service or any part thereof
  • Reverse engineer, decompile, or disassemble the Service
  • Rent, lease, or lend the Service to third parties
  • Use the Service to develop a competing product or service
  • Remove or alter any proprietary notices or labels
  • Use automated systems (bots, scrapers) to access the Service without permission

5.3 Ownership

Flowctory retains all right, title, and interest in and to the Service, including all intellectual property rights. These Terms do not grant you any ownership rights in the Service.

6. User Content

6.1 Your Content

You retain ownership of any content you upload through the Service ("User Content"). By uploading User Content, you grant Flowctory a limited, non-exclusive license to:

  • Process and temporarily store the content for the purpose of uploading to TikTok
  • Display content status and metadata within the Service

This license terminates when your content is deleted from our systems (typically within 24 hours of upload or upon successful posting to TikTok).

6.2 Content Responsibility

You are solely responsible for your User Content and represent that:

  • You own or have the necessary rights to the content
  • Your content does not infringe any third-party intellectual property rights
  • Your content complies with TikTok's Community Guidelines and Terms of Service
  • Your content does not violate any applicable laws

6.3 Content Moderation

While Flowctory does not actively monitor User Content, we reserve the right to remove or refuse to process any content that violates these Terms or applicable law. TikTok ultimately controls the publication and moderation of all content posted through their platform.

7. Prohibited Conduct

You agree not to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Upload content that is defamatory, obscene, harmful, or violates others' rights
  • Impersonate any person or entity or misrepresent your affiliation
  • Interfere with or disrupt the Service or servers connected to the Service
  • Attempt to gain unauthorized access to any part of the Service
  • Use the Service to send spam, unsolicited messages, or engage in abusive behavior
  • Upload malware, viruses, or any malicious code
  • Circumvent any rate limits, access controls, or security measures
  • Use the Service in any manner that could damage, disable, or impair TikTok's services
  • Violate TikTok's Terms of Service or Community Guidelines

8. Third-Party Terms

8.1 TikTok Platform

The Service relies on TikTok's Content Posting API. Your use of the Service is also subject to TikTok's Terms of Service and Community Guidelines. You acknowledge that:

  • TikTok may modify, suspend, or discontinue their API at any time
  • TikTok may reject, remove, or restrict content posted through the Service
  • TikTok's rate limits and policies may affect the Service's functionality
  • Videos posted through unaudited applications may be subject to additional restrictions by TikTok (such as being set to private by default)

8.2 Third-Party Services

The Service may contain links to or integrations with third-party services. Flowctory is not responsible for the content, policies, or practices of any third-party services.

9. Intellectual Property

9.1 Copyright Infringement

Flowctory respects intellectual property rights and expects users to do the same. If you believe that content uploaded through our Service infringes your copyright, please contact us with the following information:

  • Identification of the copyrighted work claimed to be infringed
  • Identification of the allegedly infringing material
  • Your contact information
  • A statement of good faith belief that the use is not authorized
  • A statement that the information is accurate and you are authorized to act on behalf of the copyright owner

9.2 Repeat Infringers

We may terminate the accounts of users who are determined to be repeat infringers of intellectual property rights.

10. Term and Termination

10.1 Term

These Terms remain in effect while you use the Service.

10.2 Termination by You

You may stop using the Service at any time by signing out and revoking Flowctory's access to your TikTok account. Upon revocation, we will delete your stored data in accordance with our Privacy Policy.

10.3 Termination by Flowctory

We may suspend or terminate your access to the Service at any time, with or without cause, including if we reasonably believe:

  • You have violated these Terms
  • Your use of the Service poses a security risk
  • Continued provision of the Service is no longer commercially viable

10.4 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property provisions, disclaimers, and limitations of liability.

11. Disclaimers and Limitation of Liability

11.1 Disclaimer of Warranties

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.

Flowctory does not warrant that:

  • The Service will be uninterrupted, secure, or error-free
  • Any defects will be corrected
  • The Service will meet your specific requirements
  • Videos will be successfully published to TikTok

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLOWCTORY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

  • Your access to or use of or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • TikTok's rejection, removal, or restriction of your content
  • API rate limits, downtime, or changes to TikTok's platform

11.3 Consumer Rights

If you are a consumer in the European Union, you may have statutory rights that cannot be waived. Nothing in these Terms affects those rights. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law provisions.

12.2 Jurisdiction

Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in France. If you are a consumer in the European Union, you may also bring proceedings in the courts of your country of residence.

12.3 EU Online Dispute Resolution

If you are a consumer in the European Union, you may use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

  • Updating the "Last updated" date at the top of these Terms
  • Providing notice through the Service or via email (for significant changes)

Your continued use of the Service after any changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you should stop using the Service.

14. Contact Information

For questions about these Terms of Service, please contact us at:

Flowctory
Cancale, France
Email: contact@flowctory.com