1. Acceptance of Terms

Welcome to Ovexo ("Service," "we," "our," or "us"). By accessing or using our Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Service.

These Terms constitute a legally binding agreement between you and Hype & Swagger Ltd.. We reserve the right to update these Terms at any time. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

2. Service Description

Ovexo is a platform that connects content creators with brand partnership opportunities. Our Service includes:

• Social Media Integration: Connect your social media accounts (Instagram, TikTok, YouTube, Facebook, Twitter/X, LinkedIn, and others) to analyze your content and audience
• AI-Powered Brand Matching: Receive personalized brand partnership recommendations based on your content, audience, and engagement metrics
• Media Pack Generation: Create professional media kits showcasing your social media performance
• Contact Discovery: Access contact information for brand partnership managers
• Outreach Automation: Generate and send partnership outreach communications
• Analytics and Insights: Track your performance and partnership opportunities

We may modify, suspend, or discontinue any aspect of the Service at any time without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

3. Eligibility and Account Requirements

3.1 Age Requirement

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you are 18 years of age or older.

3.2 Account Registration

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

3.3 Social Media Account Requirements

To use our Service, you must connect legitimate social media accounts that you own or have authorization to access. You represent and warrant that:

• You own or have permission to connect the social media accounts you link to our Service
• Your social media accounts comply with the terms of service of each respective platform
• You have the necessary permissions to share data from your social media accounts with our Service
• Your social media content does not violate any laws or third-party rights

4. Social Media Platform Compliance

Our Service integrates with various social media platforms through their official APIs. By using our Service, you agree to comply with the terms of service, policies, and guidelines of all connected platforms, including but not limited to:

• Meta Platforms: Meta Platform Terms, Instagram Terms of Use, Facebook Terms of Service
• TikTok: TikTok Terms of Service, TikTok Community Guidelines
• Google/YouTube: YouTube Terms of Service, YouTube API Services Terms
• Twitter/X: X Terms of Service, X Developer Agreement
• LinkedIn: LinkedIn User Agreement, LinkedIn API Terms of Use
• Other Platforms: Terms and policies of any other social media platform you connect

You acknowledge that our Service'client acquisitions availability and functionality may be affected by changes to social media platform APIs, policies, or terms. We are not responsible for any disruption or limitation of Service caused by third-party platforms.

5. User Responsibilities and Acceptable Use

5.1 Prohibited Activities

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws, regulations, or third-party rights
• Impersonate any person or entity or misrepresent your affiliation
• Use fake or fraudulent social media accounts
• Engage in spamming, harassment, or abusive behavior
• Attempt to gain unauthorized access to the Service or other users'client acquisition accounts
• Interfere with or disrupt the Service or servers
• Use automated tools or bots to access the Service (except as explicitly permitted)
• Scrape, data mine, or extract data from the Service without authorization
• Reverse engineer, decompile, or disassemble any part of the Service
• Remove or modify any copyright, trademark, or proprietary notices
• Use the Service to send unsolicited commercial communications (spam)

5.2 Content Standards

You are responsible for the content of your social media accounts connected to our Service. Your content must not:

• Violate any intellectual property rights
• Contain hate speech, harassment, or discriminatory content
• Promote violence, illegal activities, or dangerous behavior
• Contain explicit sexual content involving minors
• Violate any person'client acquisitions privacy or publicity rights
• Contain malware, viruses, or malicious code

5.3 Outreach Communications

When using our outreach features to contact brands, you agree to:

• Send only legitimate partnership inquiries
• Comply with CAN-SPAM Act and other anti-spam laws
• Honor opt-out requests immediately
• Not misrepresent your audience, engagement, or metrics
• Disclose any material connections as required by FTC guidelines

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service and its content, features, and functionality (including but not limited to software, text, images, logos, and design) are owned by Hype & Swagger Ltd. and are protected by copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain all rights to the content on your connected social media accounts. By using our Service, you grant us a limited, non-exclusive, royalty-free license to:

• Access and analyze your social media content for the purposes of providing the Service
• Display your content in media packs and marketing materials you create through the Service
• Use aggregated, anonymized data for service improvement and analytics

This license terminates when you disconnect your social media accounts or delete your account, except for content that has been shared or distributed through the Service.

6.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use that feedback without compensation or attribution.

7. Payment Terms

7.1 Subscription Plans

We offer various subscription plans with different features and pricing. By subscribing, you agree to:

• Pay all fees associated with your chosen plan
• Provide accurate and complete billing information
• Authorize us to charge your payment method for recurring subscription fees
• Update your payment information to avoid service interruption

7.2 Billing and Renewals

Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your plan). Your subscription will automatically renew unless you cancel before the renewal date. You are responsible for all charges incurred through your account.

7.3 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period. We do not provide refunds for partial subscription periods, except as required by law or at our sole discretion.

7.4 Price Changes

We reserve the right to change our pricing at any time. We will provide you with at least 30 days'client acquisition notice of any price changes. Your continued use of the Service after a price change constitutes acceptance of the new price.

7.5 Payment Processing

Payments are processed securely through Stripe. By providing payment information, you agree to Stripe'client acquisitions Terms of Service. We do not store your full credit card information.

8. Third-Party Services and Links

Our Service integrates with and may contain links to third-party services, including:

• Social media platforms (Instagram, TikTok, YouTube, Facebook, Twitter/X, LinkedIn)
• Payment processors (Stripe)
• AI services (OpenAI)
• Contact discovery services (Apollo, Hunter, Exa)
• PDF generation services (PDFShift)
• Email service providers
• Cloud hosting providers (Vercel)

We are not responsible for the content, privacy practices, or terms of service of third-party services. Your use of third-party services is at your own risk and subject to their terms.

9. AI Features and Disclaimers

Our Service uses artificial intelligence and machine learning technologies, including OpenAI, to provide:

• Brand matching recommendations
• Content analysis and insights
• Outreach message generation
• Media pack content creation
• Domain resolution and contact discovery

Important Disclaimers:

• AI-generated content may be inaccurate, incomplete, or inappropriate
• You are responsible for reviewing and verifying all AI outputs before use
• AI recommendations do not guarantee successful brand partnerships
• We do not warrant the accuracy or reliability of AI-generated content
• You must ensure AI-generated outreach complies with applicable laws and platform policies

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

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.

We do not warrant that:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected
• Brand matches or recommendations will result in partnership agreements
• Contact information provided will be accurate or current
• Social media platform integrations will remain available or functional

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Hype & Swagger Ltd. 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 use or inability to use the Service
• Any unauthorized access to or use of our servers or your personal information
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or malicious code transmitted through the Service
• Any errors or omissions in any content or for any loss or damage incurred as a result of using any content
• The failure to establish or maintain brand partnerships
• Changes to social media platform APIs or policies
• Third-party service failures or interruptions

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

10.3 No Guarantee of Results

We do not guarantee that using our Service will result in brand partnerships, income, or any specific business outcomes. Success depends on many factors beyond our control, including the quality of your content, audience engagement, brand budgets, and market conditions.

11. Indemnification

You agree to indemnify, defend, and hold harmless Hype & Swagger Ltd., its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys'client acquisition fees) arising out of or related to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your content or social media accounts
• Your outreach communications to brands
• Any misrepresentation of your audience, engagement, or metrics
• Your violation of social media platform terms of service
• Your violation of applicable laws or regulations

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your access to the Service will cease, and we will delete your data in accordance with our Privacy Policy.

12.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Violation of social media platform terms of service
• At our sole discretion if we believe termination is necessary to protect the Service or other users

12.3 Effect of Termination

Upon termination:

• Your right to use the Service will immediately cease
• We will disconnect your social media accounts
• We will delete your data in accordance with our Privacy Policy
• You remain responsible for all fees incurred prior to termination
• Provisions that by their nature should survive termination will survive (including disclaimers, limitations of liability, and indemnification)

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to contact us at hello@ovexo.ai to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good faith negotiations.

13.2 Arbitration

If we cannot resolve the dispute informally, any dispute arising from these Terms or the Service will be resolved through binding arbitration, except that you may assert claims in small claims court if your claims qualify. The arbitration will be conducted in accordance with the rules of the American Arbitration Association.

13.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN US AND YOU INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

13.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Hype & Swagger Ltd. is incorporated, without regard to its conflict of law provisions.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and Hype & Swagger Ltd. regarding the Service.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, natural disasters, or failures of third-party services.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through a notice on the Service. Your continued use of the Service after such notification constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

16. Contact Information

If you have any questions about these Terms, please contact us at:

17. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.