Terms of Use

Eligibility and account responsibility

The Services are intended for business and professional use. You must be at least 18 years old, or the age of majority in your jurisdiction, and legally capable of entering into a binding agreement to use the Services.

• You must provide accurate, current, and complete information and keep it updated.
• You are responsible for all activity that occurs under your account, workspace, API credentials, and connected platform accounts.
• You must maintain the confidentiality of your credentials and promptly notify us of any suspected unauthorized access or security incident.
• We may refuse registration, require identity or business verification, reclaim usernames, or restrict access where we believe it is appropriate to protect the Services, our users, or our business.

Limited license and service scope

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services for your own internal business use. No other rights are granted.

• You may not resell, white-label, lease, rent, sublicense, or provide the Services on a service bureau basis without our prior written consent.
• We may add, remove, modify, suspend, or discontinue any feature, integration, workflow, plan, or part of the Services at any time, with or without notice.
• We are not obligated to continue offering any specific feature, integration, automation, plan level, or pricing model.

Acceptable use

You may use the Services only in compliance with these Terms, all applicable laws, and all rules applicable to connected platforms. You may not use the Services, directly or indirectly, to do any of the following:

• Upload, store, generate, publish, transmit, or facilitate any illegal, infringing, fraudulent, defamatory, harassing, hateful, discriminatory, deceptive, sexually explicit, violent, exploitative, invasive, or otherwise objectionable content.
• Use any generative AI feature within the Services to create or assist with content that is unlawful, harmful, manipulative, abusive, privacy-invasive, exploitative of minors, sexually explicit, extremist, malware-related, phishing-related, or otherwise inappropriate for the Services or for downstream platforms.
• Violate the rights of any person or entity, including intellectual property, publicity, privacy, confidentiality, or contractual rights.
• Upload or submit content for which you do not have all necessary rights, permissions, licenses, notices, and consents.
• Attempt to probe, scan, penetrate, disable, circumvent, or interfere with the security, integrity, rate limits, access controls, or proper operation of the Services or any related system.
• Reverse engineer, decompile, disassemble, copy, scrape, extract, mirror, benchmark, or otherwise attempt to derive source code, models, prompts, non-public logic, datasets, or internal architecture from the Services, except to the extent such a restriction is prohibited by law.
• Use bots, scripts, crawlers, or automated means to access the Services in an abusive or unauthorized manner.
• Use the Services to create spam, impersonation, fake engagement, coordinated inauthentic behavior, platform abuse, or any attempt to game moderation, recommendation, or integrity systems.
• Interfere with or disrupt any other user's access to the Services or any third-party platform.
• Use the Services in a manner that could expose us, our users, our vendors, or our partners to liability, reputational harm, security risk, or regulatory risk.

We may investigate suspected violations, remove or disable content, suspend or terminate access, preserve evidence, cooperate with law enforcement, and report misconduct to affected parties or platforms.

TikTok and third-party platform compliance

The Services rely on third-party services and integrations, especially TikTok. If you connect, schedule, deliver, or publish content to TikTok through the Services, you are solely responsible for complying with all applicable TikTok rules, restrictions, and platform policies.

• You represent that you are authorized to connect the TikTok account you use with the Services and to direct actions on that account.
• You must comply with TikTok's Terms of Service, applicable community rules, and TikTok for Developers requirements, including the Developer Guidelines and Content Sharing Guidelines.
• You are responsible for choosing privacy settings, complying with platform rate limits, and ensuring your content is suitable for publication on TikTok.
• We are not responsible for TikTok or any other third party, including outages, delays, API changes, moderation decisions, account restrictions, rejected uploads, deleted posts, lost drafts, metrics inaccuracies, audit outcomes, or policy changes.
• We may suspend, disable, limit, or remove any third-party integration or workflow at any time if we believe it is necessary for compliance, security, vendor requirements, or business reasons.

Your content and licenses

As between you and us, and subject to any third-party rights, you retain ownership of your content. However, you grant us a broad license to operate the Services and support the workflows you request.

• You grant us and our vendors a worldwide, non-exclusive, royalty-free, sublicensable license to host, copy, store, reproduce, cache, process, encode, format, modify, adapt, analyze, render, display internally, transmit, publish to connected platforms at your direction, and otherwise use your content as necessary to provide, improve, secure, support, and enforce the Services.
• You represent and warrant that you have all rights necessary to upload, generate, process, use, and publish your content through the Services and to grant the rights described in these Terms.
• We are not obligated to review, monitor, or pre-screen content, but we may do so for any reason, including quality, abuse, security, legal compliance, vendor requirements, or business protection.
• We may remove, refuse, block, or disable access to any content at our discretion, with or without notice.

Intellectual property and feedback

The Services, including the software, code, workflows, UI, branding, prompts, templates, graphics, text, designs, features, and all related intellectual property rights, are owned by us or our licensors and are protected by applicable law.

• Except for the limited access rights expressly granted in these Terms, no license or other right is granted to you.
• You may not copy, modify, distribute, create derivative works from, publicly display, publicly perform, republish, or exploit any portion of the Services except as expressly authorized by us.
• If you provide feedback, suggestions, comments, ideas, or requests, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable right to use and exploit that feedback for any purpose, without restriction, attribution, or compensation to you.

Fees, subscriptions, pricing, and refunds

Certain parts of the Services may require payment. If you purchase a paid plan, you agree to pay all fees, taxes, and charges associated with your account in the amounts, currency, and billing intervals presented to you at the time of purchase.

• If your plan renews automatically, you authorize us and our payment processors to charge the applicable fees on a recurring basis until you cancel.
• You are responsible for keeping your billing information accurate and current.
• We may change prices, plan structure, usage limits, entitlements, trial terms, credits, or billing practices at any time. Unless otherwise stated, changes will apply prospectively.
• We may suspend or downgrade the Services, remove paid features, or terminate access if payment is overdue, reversed, disputed, or suspected to be fraudulent.
• Except as required by law or expressly stated by us in writing, all fees are non-refundable, all payments are final, and no refunds, credits, or prorations are owed for partial billing periods, unused time, unused features, failed campaigns, platform actions, service changes, suspension, or termination.
• Any refund, credit, or goodwill adjustment is provided, if at all, solely at our discretion and does not create any ongoing or future entitlement.

Suspension and termination

We may suspend, restrict, disable, or terminate your access to all or any part of the Services at any time, for any reason or no reason, with or without notice, and without liability to you.

• Reasons for action may include suspected misuse, unacceptable content, security risk, non-payment, legal exposure, vendor or platform complaints, policy violations, or conduct that we consider harmful to the Services or to others.
• We may remove content, disconnect integrations, cancel queued jobs or automations, delete or revoke access credentials, and preserve records associated with your account.
• You may stop using the Services at any time, but termination or cancellation does not relieve you of any payment obligations already incurred.
• Sections of these Terms that by their nature should survive will survive termination, including ownership, fees, disclaimers, liability limits, indemnity, dispute provisions, and any rights needed to enforce them.

Availability, security, and no warranties

We use commercially reasonable efforts to secure our servers, systems, and workflows, but no environment is perfectly secure and no service is uninterrupted or error-free. The Services are provided on an as is and as available basis.

• To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, availability, accuracy, quiet enjoyment, and security.
• We do not warrant that the Services will be uninterrupted, timely, secure, accurate, bug-free, or free from loss, corruption, attack, or harmful code.
• We do not warrant that drafts will be delivered, content will be published, metrics will be accurate, accounts will remain in good standing, or any content will achieve any level of reach, revenue, engagement, monetization, or commercial success.
• AI outputs may be inaccurate, incomplete, repetitive, inappropriate, non-unique, or unavailable, and may resemble outputs created for other users. You are solely responsible for reviewing, editing, and approving any output before using or publishing it.
• Beta, preview, experimental, or limited-release features may be incomplete, unstable, or removed at any time.

We are not responsible for delays, outages, failures, or losses caused by third-party platforms, internet or hosting failures, vendor actions, force majeure events, legal or regulatory action, account bans, or circumstances outside our reasonable control.

Limitation of liability

To the fullest extent permitted by law, Sidewave Digital Inc. and its affiliates, officers, directors, employees, contractors, licensors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages, or for any loss of profits, revenue, business, goodwill, reputation, opportunity, data, or anticipated savings, arising out of or related to the Services or these Terms, even if advised of the possibility of those damages.

• This limitation applies to claims arising from or related to your content, AI outputs, publishing results, third-party platforms, service interruptions, security incidents, account suspensions, data loss, vendor failures, platform moderation, or any inability to use the Services.
• To the fullest extent permitted by law, our aggregate liability for all claims arising out of or related to the Services or these Terms will not exceed the lesser of the amounts you paid us for the Services in the 12 months preceding the event giving rise to the claim or CAD $100.
• Nothing in these Terms excludes liability that cannot lawfully be excluded under applicable law.
• To the fullest extent permitted by law, any claim must be brought on an individual basis within one year after the claim arose, or it is permanently barred.

Indemnification

You agree to defend, indemnify, and hold harmless Sidewave Digital Inc. and its affiliates, officers, directors, employees, contractors, licensors, vendors, and agents from and against any claims, actions, liabilities, damages, losses, judgments, awards, costs, and expenses, including reasonable legal fees, arising out of or related to:

• Your use of the Services.
• Your content, prompts, uploads, outputs, or publications.
• Your violation of these Terms, applicable law, or any third-party rule or policy, including TikTok rules.
• Your infringement or misappropriation of any third-party rights.
• Any dispute between you and a third party, including customers, viewers, platform providers, rights holders, contractors, or collaborators.

Governing law and dispute resolution

These Terms and any dispute arising out of or relating to these Terms or the Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

• You agree that any dispute will be brought exclusively in the courts located in Ontario, Canada, unless applicable law requires otherwise.
• To the fullest extent permitted by law, disputes must be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.
• We may seek injunctive or equitable relief in any court of competent jurisdiction to protect our intellectual property, confidential information, systems, or business interests.

Changes to the Services and these Terms

We may modify the Services and these Terms at any time. Updated Terms become effective when posted or on a later date that we specify. Your continued use of the Services after updated Terms take effect constitutes your acceptance of the revised Terms.

We are not liable for any changes, suspension, discontinuation, feature removal, plan removal, price changes, or third-party integration changes affecting the Services.

Miscellaneous

• These Terms are the entire agreement between you and us regarding the Services and supersede prior or contemporaneous understandings relating to the Services.
• If any provision is held invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.
• Our failure to enforce any provision is not a waiver of that provision or any other provision.
• We may assign or transfer our rights and obligations under these Terms without restriction. You may not assign your rights or obligations without our prior written consent.

Contact us

If you have questions, legal notices, or concerns about these Terms, contact:

SlideCastle operated by Sidewave Digital Inc.
Email: contact@sidewavedigital.com