Bold Evolution Agency Terms of Service

1. Acceptance of Terms

Bold Evolution Agency ("we", "us", "our") operates multiple software platforms providing analytics, monitoring, content creation, and optimization tools for live streaming and content creation on platforms such as TikTok. These Terms of Service apply to all Bold Evolution Agency products, including Toklytics-LiveIQ, Kling-Director, Tik-Tok Verify, and TikTok-Live-Event-Graphic-Engine (collectively, the "Services"). By accessing or using any of our platforms, websites, mobile applications, or related services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and all referenced policies, including our Privacy Policy.

2. Description of Services

Bold Evolution Agency provides software and tools designed to support live streaming, content creation, and creator management, including but not limited to:

• Toklytics-LiveIQ: Live streaming analytics platform providing real-time performance monitoring, viewer engagement metrics, revenue tracking, and AI-powered coaching for TikTok LIVE and other streaming platforms.
• Kling-Director: AI video generation and direction tool for creating professional video content using artificial intelligence.
• Tik-Tok Verify: TikTok account verification service to help creators and agencies confirm account authenticity and status.
• TikTok-Live-Event-Graphic-Engine: Live streaming graphics generator for creating professional overlays, animations, and visual elements for live broadcasts.
• Agency Management: Tools for talent agencies to monitor, coach, and support their roster of content creators.
• Data Processing & Reporting: Automated analysis, trend identification, and performance reports across all platforms.
• Integration Services: Authentication via TikTok Login Kit and integration with third-party platforms and payment processors.
• Our Services are continuously evolving, and we may add, modify, or discontinue features at our discretion.

3. Eligibility & Account Responsibilities

• You must be at least 18 years old to use our Services.
• Access may be restricted to creators rostered with Bold Evolution Agency or other authorized agency partners, along with designated internal staff.
• Authentication is performed through TikTok Login Kit (user.info.basic scope) or other approved methods. You must maintain the confidentiality of your credentials and tokens.
• You are responsible for all activity that occurs under your account.
• You agree to promptly notify support@boldevolution.net of any suspected unauthorized access or security incident involving your account.
• We reserve the right to refuse service, terminate accounts, or revoke access at our sole discretion.

4. Permitted Use

You agree to use our Services only for lawful purposes and in accordance with these Terms:

• Use the Services only for agency-approved monitoring, reporting, advisory workflows, and legitimate content creation activities.
• Do not decompile, reverse engineer, copy, resell, sublicense, or create derivative works from our platform or software.
• Do not interfere with the operation of the platform, bypass security measures, or attempt to access systems beyond your authorization.
• Respect role-based access controls; attempting to access creator data or features outside your authorized scope is prohibited.
• Do not use the Services to harass, harm, or infringe upon the rights of others.
• Do not upload or transmit malware, viruses, or other harmful code.
• Comply with all applicable laws, regulations, and platform terms of service (including TikTok's Terms).

5. Software License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes.

• This license does not include the right to modify, distribute, sell, or create derivative works from our software.
• All intellectual property rights in the Services remain with us and our licensors.
• We may provide updates, patches, or new versions of our software at our discretion.
• This license terminates automatically if you violate these Terms.

6. Data Handling & Privacy

We collect and process personal information as described in our Privacy Policy. By using our Services, you consent to such processing and represent that all data provided by you is accurate. Our Privacy Policy explains in detail what information we collect, how it is used, with whom it is shared, and how it is protected.

7. Payment Terms

If you subscribe to paid Services or make purchases:

• Payment processing is handled by Stripe. By making a payment, you agree to Stripe's terms of service.
• Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected).
• All fees are non-refundable except as expressly stated or required by law.
• We may change pricing with at least 30 days notice. Continued use after price changes constitutes acceptance.
• You are responsible for all applicable taxes.
• Failure to pay may result in suspension or termination of your access.
• If your agency has a separate commercial agreement, billing terms in that agreement take precedence.

8. Service Availability & Changes

• We strive for high availability but do not guarantee uninterrupted, error-free, or secure service.
• We are not responsible for interruptions, delays, or inaccuracies caused by third-party services (such as TikTok APIs).
• We may modify, suspend, or discontinue any aspect of the Services with reasonable notice when practicable.
• Scheduled maintenance will be announced in advance when possible.

9. Intellectual Property

• All dashboards, analytics outputs, software, algorithms, documentation, trademarks, and content remain the property of Bold Evolution Agency and its licensors.
• You receive a non-exclusive, non-transferable license to use the Services solely within your authorized role.
• Reverse engineering, decompiling, or creating derivative works from our software is prohibited.
• User-generated content remains your property, but you grant us a license to use it as necessary to provide the Services.
• Feedback and suggestions you provide may be used by us without obligation or compensation.

10. Third-Party Services

Our Services integrate with third-party platforms and services (such as TikTok, Stripe, Supabase, and Vercel). Your use of these integrations is subject to the respective third-party terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

11. Termination & Suspension

• We may suspend or terminate your access immediately for breach of these Terms, misuse of the platform, non-payment, or failure to comply with agency agreements.
• You may terminate your account at any time by contacting support@boldevolution.net.
• Upon termination, we will disable your access tokens and remove associated sessions.
• You may request data deletion in accordance with our Privacy Policy.
• Provisions that by their nature should survive termination (such as intellectual property, limitations of liability, and indemnification) will continue to apply.

12. Disclaimers

• THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
• WE DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
• WE ARE NOT RESPONSIBLE FOR DELAYS, INTERRUPTIONS, OR INACCURACIES ARISING FROM THIRD-PARTY SERVICES.
• ANALYTICS AND RECOMMENDATIONS PROVIDED ARE FOR INFORMATIONAL PURPOSES AND DO NOT GUARANTEE SPECIFIC RESULTS.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• Bold Evolution Agency and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
• We shall not be liable for any loss of profits, revenue, data, or business opportunities arising from your use of the Services.
• Our total liability for any claims arising from these Terms or the Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim, or $100, whichever is greater.
• Some jurisdictions do not allow certain limitations; in such cases, our liability is limited to the greatest extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Bold Evolution Agency, its affiliates, officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Services or violation of these Terms.
• Your violation of any third-party rights or applicable laws.
• Content you submit, post, or transmit through the Services.
• Your negligence or willful misconduct.

15. Governing Law & Disputes

These Terms are governed by the laws of the State of Washington, U.S.A., without regard to conflict of laws principles.

• Any disputes arising from these Terms or the Services will be resolved exclusively in the state or federal courts located in King County, Washington.
• You waive any objection to venue in these courts.
• Notwithstanding the above, we may seek injunctive relief in any court of competent jurisdiction to protect our intellectual property rights.

16. Modifications to Terms

We may revise these Terms at any time. Material updates will be communicated to users via email or prominent notice on our website, with an updated effective date posted here. Continued use of the Services after changes constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Services.

17. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and us.
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
• Waiver: Our failure to enforce any right does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights freely.
• Force Majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control.

18. Contact Us

If you have questions or concerns about these Terms of Service, please contact us:

• Email: support@boldevolution.net
• Company: Bold Evolution Agency