Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the PostScout platform (the “Services”), including the website located at postscout.io and any associated subdomains, mobile applications, APIs, or tools provided by TikMetrics LLC (“Company,” “we,” “us,” or “our”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”), together with our Privacy Policy, which is incorporated herein by reference.

If you do not agree to all of these Terms, you must immediately discontinue use of the Services. Your continued use of the Services after the posting of revised Terms constitutes your binding acceptance of those revisions. The materials and content available through the Services are protected by applicable copyright, trademark, and other intellectual property laws.

Your access to and use of the Services is also subject to the terms of our third-party partners, including but not limited to the TikTok Developer Terms of Service, the TikTok Commercial Content API Terms, and any other platform-specific terms that may apply. You agree to comply with all such third-party terms as a condition of using our Services.

1.1 Authority to Bind

If you are accessing or using the Services on behalf of a company, organization, or other legal entity, then: (a) “you” and “your” refer to both you individually and that entity; (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms; and (c) your entity is legally and financially responsible for your access and use of the Services, as well as for the access and use of any accounts created under your organization, including those of your employees, agents, contractors, or affiliates.

1.2 Age Requirement

You must be at least 18 years of age or the age of legal majority in your jurisdiction (whichever is greater) to use the Services. By using the Services, you represent and warrant that you meet this age requirement.

2. Changes to These Terms

We reserve the right to modify, amend, or replace these Terms at any time in our sole discretion. We will use commercially reasonable efforts to notify users of material changes, such as through a notice on the platform, email notification, or prominent banner. However, it is your responsibility to review these Terms periodically. We will update the “Last Updated” date at the top of these Terms whenever changes are made.

Your continued access to or use of the Services following the posting of any changes constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Services immediately and, if applicable, cancel your subscription.

3. Your Account

To access certain features of the Services, you must create an account. When creating an account, you agree to provide accurate, current, and complete information and to update such information as necessary to keep it accurate and complete.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you. You agree to immediately notify us at support@postscout.io if you become aware of any unauthorized use of your account or any other breach of security.

We reserve the right to suspend, disable, or terminate your account at any time, with or without notice, if we reasonably believe that you have violated any provision of these Terms, engaged in fraudulent or abusive behavior, or if your account poses a security risk. Termination of your account does not entitle you to any refund of fees paid.

If you wish to delete your account, you may contact us at support@postscout.io. Upon account deletion, we may retain certain data as required by law or for legitimate business purposes as described in our Privacy Policy.

4. Permitted Use & Restrictions

Your access to and use of the Services is subject to these Terms and all applicable local, state, national, and international laws and regulations. You agree that you will not:

• Use the Services for any unlawful, unauthorized, fraudulent, or malicious purpose
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Services
• Copy, reproduce, distribute, publicly display, or create derivative works based on the Services or any content therein without our express written permission
• Interfere with, disrupt, or place an unreasonable load on the Services, servers, or networks connected to the Services
• Use any automated means, including bots, scrapers, spiders, crawlers, or similar tools, to access, scrape, or collect data from the Services without our prior written consent
• Circumvent, disable, or otherwise interfere with any security-related features of the Services, including features that prevent or restrict use or copying of content
• Violate or infringe upon the intellectual property, privacy, publicity, or other rights of any third party
• Use the Services to distribute spam, malware, phishing content, or any harmful, threatening, or illegal material
• Share, resell, sublicense, or redistribute your account access or any data obtained through the Services to any third party without our express written authorization
• Attempt to gain unauthorized access to any portion of the Services, other users' accounts, or any systems or networks connected to the Services
• Use the Services in any way that could damage, disable, overburden, or impair our infrastructure

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including without limitation removing offending content, suspending or terminating the violator's account, and reporting the violator to law enforcement authorities.

5. Intellectual Property Rights

The Services and all content, features, and functionality thereof — including but not limited to all text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the compilation thereof — are the exclusive property of TikMetrics LLC and its licensors. The Services are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your personal or internal business purposes. This license does not include the right to modify, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from the Services, except as may be incidentally necessary for authorized use.

The PostScout name, the TikMetrics name, and all related names, logos, product and service names, designs, and slogans are trademarks of TikMetrics LLC or its affiliates. You may not use such marks without our prior written permission.

6. Subscription, Billing & Payment

Certain features of the Services require a paid subscription. By subscribing to a paid plan, you authorize us (or our third-party payment processor, Stripe) to charge the applicable subscription fees to your designated payment method on a recurring basis at the interval specified at the time of purchase (monthly or annually).

Subscription fees are billed in advance for each billing period. You are responsible for all applicable taxes. All prices are quoted in U.S. dollars unless otherwise specified.

We reserve the right to change our subscription pricing at any time. If we change pricing for your current plan, we will provide you with at least 30 days' notice before the new pricing takes effect. Your continued use of the Services after the price change constitutes your agreement to the new pricing.

7. Refund Policy

This no-refund policy applies to all subscription tiers, billing cycles (monthly or annual), one-time purchases, add-ons, and any other fees charged in connection with the Services. You assume full responsibility for evaluating the Services and their suitability for your needs prior to purchasing a paid subscription. We encourage all prospective subscribers to take advantage of any free tier or trial period to evaluate the Services before committing to a paid plan.

In the event of a billing dispute, you agree to contact us at support@postscout.io within 7 days of the charge. Filing a chargeback or payment dispute with your bank or payment provider without first attempting to resolve the issue directly with us may result in immediate account termination and forfeiture of all data associated with your account. We reserve the right to contest any chargeback and to recover all costs associated with chargeback disputes, including but not limited to administrative fees, processing fees, and legal costs.

You acknowledge that by subscribing to the Services, you receive immediate access to the platform and its features, and you expressly waive any right to a “cooling off” period or statutory right of withdrawal that may otherwise apply.

8. Cancellation Policy

You may cancel your subscription at any time to prevent future charges. Cancellations can be completed by:

• Logging into your account dashboard and managing your subscription settings
• Emailing support@postscout.io with your account details and a cancellation request

Once cancelled, your subscription will remain active and you will continue to have access to paid features until the end of your current billing period. After that date, your subscription will not renew and your account will revert to the free tier. No refunds or credits will be issued for any remaining time on your current billing period upon cancellation.

We reserve the right to cancel or terminate your subscription at any time for violations of these Terms. In such cases, no refund or proration will be provided.

9. Personal Information Protection

TikMetrics LLC respects your right to privacy. We will not disclose your personal information to third parties without your consent or a legal obligation to do so. For complete details about how we collect, use, store, and protect your personal data, please refer to our Privacy Policy.

10. Confidentiality

You agree to maintain the confidentiality of any non-public information, data, analytics, methodologies, algorithms, or business strategies that you access or receive through your use of the Services (“Confidential Information”). You shall not disclose, publish, or disseminate Confidential Information to any third party without our prior written consent. This obligation of confidentiality survives the termination of your account and these Terms.

11. Third-Party Data & APIs

The Services may display, include, or make available data, content, or information from third-party platforms, including but not limited to TikTok, TikTok Shop, and related APIs. Such third-party data is provided “as is” and “as available.” We do not guarantee the accuracy, completeness, timeliness, or reliability of any third-party data.

You acknowledge that third-party platform operators may change, restrict, or discontinue access to their APIs or data at any time, which may affect the availability or functionality of the Services. We are not liable for any loss or damage arising from changes to third-party platforms or data availability.

12. Indemnification

You agree to defend, indemnify, and hold harmless TikMetrics LLC, its officers, directors, employees, agents, licensors, service providers, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, expenses, or debt (including but not limited to reasonable attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any provision of these Terms; (c) your violation of any third-party right, including any intellectual property, property, or privacy right; (d) any claim that your use of the Services caused damage to a third party; or (e) any content you submit, post, or transmit through the Services.

This indemnification obligation will survive the termination of your account and these Terms.

13. Disclaimer of Warranties

TikMetrics LLC, its subsidiaries, affiliates, and licensors do not warrant that: (a) the Services will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Services are free of viruses or other harmful components; (d) the results of using the Services will meet your requirements or expectations; or (e) any data, analytics, or information provided through the Services is accurate, complete, or reliable.

You acknowledge that we provide analytics and data aggregation tools, and that the data and insights provided by the Services are for informational purposes only and do not constitute financial, legal, or business advice. You are solely responsible for all business decisions made based on information obtained through the Services.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIKMETRICS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO TIKMETRICS LLC IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF TIKMETRICS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Governing Law & Dispute Resolution

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

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be submitted to good-faith negotiation between the parties for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, the dispute shall be submitted to binding arbitration administered under the rules of the American Arbitration Association, with the venue for such arbitration being Sheridan County, Wyoming.

CLASS ACTION WAIVER: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You expressly waive your right to participate in a class action lawsuit or class-wide arbitration.

16. Messaging & Communications

By providing your phone number or email address, you consent to receive transactional and service-related communications from us, including but not limited to one-time passwords (OTP), account notifications, billing alerts, and security notices.

• Message Frequency: OTP and transactional messages only (no marketing SMS)
• Support: support@postscout.io
• Opt-out: Message and data rates may apply. Reply “HELP” for help or “STOP” to cancel SMS messages at any time

17. Severability

If any provision of these Terms is held to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

18. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and TikMetrics LLC concerning your use of the Services. These Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Services.

19. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

20. Force Majeure

TikMetrics LLC shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, power failures, internet or telecommunications failures, cyberattacks, or third-party platform outages.