TERMS OF USE
Last updated December 12, 2025
1. Introduction
These Terms of Service (“Terms”) govern your (“User,” “Artist,” or “You”) use of the Social Listening App (the “App”), operated by [App Provider Legal Entity] (“we,” “us,” or “our”). By accessing or using the App, you accept and agree to be bound by these Terms.
If you do not agree, you may not use the App.
2. Description of the Service
The App aggregates publicly available information and engagement data from third-party social media platforms (e.g., Instagram, TikTok) to provide fan insights, including lists of interactive fans. The App does not allow messaging or communication from within the platform.
We do not verify or alter names, profiles, or interactions displayed; all data originates from public sources or APIs.
3. User Eligibility
To use the App, you must:
- Be at least 18 years old.
- Have the legal right and authority to enter into these Terms.
- Use the App solely for business, artistic, or professional purposes.
4. Your Role as Data Controller
To the extent that the App displays or enables the export of personal data relating to fans, you act as the Data Controller, meaning:
- You determine the purpose and means of processing any such data.
- You are responsible for ensuring a lawful basis for processing under relevant laws (GDPR, CCPA/CPRA, etc.).
- You must comply with all privacy obligations relating to the data you process.
We act as a Data Processor only where we handle personal data on your behalf (see DPA).
5. Right to Use the App
We grant you a limited, non-exclusive, non-transferable, revocable license to use the App in accordance with these Terms.
You agree NOT to:
- Use the App to harass, target, or directly contact any individual derived from the App’s data.
- Use the App to build a competing product.
- Scrape, copy, or misuse platform data in violation of social media platform policies.
6. Compliance with Social Media Platforms
You agree to comply with:
- All applicable social platform Terms of Service, including Instagram, TikTok, and others.
- All developer, data usage, or automation rules imposed by such platforms.
We are not responsible for your violations of third-party platform rules.
7. Prohibited Use: Contacting Minors
You may NOT use data from the App to contact, target, or communicate with any person who is:
- Known to be under 18, or
- Reasonably suspected to be under 18.
Violation of this clause constitutes:
- Immediate termination of access, and
- Full indemnification of the App Provider against all related claims or damages.
8. Data Subject Requests
You agree that you alone are responsible for responding to all Fan Rights Requests, including requests for:
- Data access
- Data deletion
- Correction
- Opt-out
- “Do Not Sell or Share” requests (per CCPA/CPRA)
We do not communicate directly with fans.
9. App Provider Responsibilities
We will:
- Maintain commercially reasonable technical and organizational security measures.
- Attempt to ensure reliable operation of the service.
- Provide support during normal business hours.
We do not guarantee uninterrupted service, data accuracy, or real-time syncing.
10. Fees & Payment
If the App includes paid features:
- Payments are due in advance unless otherwise specified.
- Fees are nonrefundable except as required by applicable law.
Late or failed payments may result in service suspension.
11. Intellectual Property
All software, branding, content, and technology within the App remain the property of the App Provider. You may not reverse engineer, decompile, or attempt to derive the source code.
12. Termination
We may suspend or terminate your account:
- For any violation of these Terms.
- For nonpayment.
- For misuse of platform data or safety concerns.
- To comply with legal obligations.
Upon termination, you must delete all exported personal data unless required by law to retain it.
13. Limitation of Liability
To the fullest extent permitted by law:
- We are not liable for indirect, incidental, special, punitive, or consequential damages.
- Our total liability arising from your use of the App is capped at the total amount paid by you for the App in the twelve (12) months prior to the incident.
14. Indemnification
You agree to indemnify and hold harmless the App Provider from any claims, penalties, damages, or costs arising from:
- Your misuse of personal data.
- Your violation of third-party platform rules.
- Any contact or attempted contact with minors.
- Any breach of these Terms.
15. Governing Law
These Terms shall be governed by the laws of:
- Your country of residence, if you reside outside the USA, or
- The State of Delaware, USA, if you reside within the USA, unless another jurisdiction is legally required.
16. Changes to Terms
We may modify these Terms at any time. Updated Terms become effective when posted. Continued use of the App constitutes acceptance of the new Terms.
17. Contact
For legal or compliance inquiries:
info@libertymusicpr.com