Terms of Service

1. Acceptance of the Agreement

This Terms of Service Agreement ("Agreement") is a legally binding contract between TikGem Inc. ("TikGem," "we," "us," or "our") and you, the user ("User," "you," or "your"). By creating an account, accessing our website, or utilizing our TikTok proxy and intelligence tools (the "Service"), you acknowledge that you have read, understood, and agree to be bound by the entirety of this Agreement.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms.

2. Description of Service & Proxy Architecture

TikGem provides a high-performance technical intermediary layer (proxy) designed to facilitate the retrieval and analysis of public data from the TikTok platform.

• No Content Ownership: TikGem does not host, store, or own any TikTok media content. We act strictly as a technical conduit.
• Service Availability: While we strive for 99.9% uptime, Service availability is subject to third-party platform (TikTok) changes. We reserve the right to modify or discontinue any feature without prior notice if required by technical or legal constraints.
• API Usage: Our API is provided "as-is." Excessive usage beyond your plan's rate limits may result in temporary or permanent suspension.

3. User Conduct & Prohibited Use

In addition to the general restrictions, you explicitly agree not to:

• Malicious Automation: Utilize the Service to create fake engagement, spam, or mass-report accounts on TikTok.
• Security Probing: Perform vulnerability scans, load testing, or penetration tests against TikGem infrastructure without explicit written consent.
• Illegal Content: Use retrieved data to facilitate the distribution of child exploitation material, hate speech, or non-consensual sexual content.
• Reselling: Resell or sub-license access to TikGem's proprietary API or dashboard to third parties unless enrolled in an official Enterprise Partner program.

4. Financial Terms: Credits & Quotas

5. Intellectual Property Rights

The Service, including all proprietary algorithms, dashboard UI components, brand assets, and technical documentation, is the exclusive intellectual property of TikGem Inc. Your use of the Service grants you a limited, non-exclusive, non-transferable license to access the tools for your internal business operations.

6. Indemnification

You agree to indemnify, defend, and hold harmless TikGem Inc., its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right.

7. Dispute Resolution & Arbitration

In the event of any dispute arising out of or relating to this Agreement, the parties shall first attempt to resolve the dispute through good-faith negotiations. If negotiations fail, the dispute shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) in the State of Delaware, USA.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIKGEM INC. 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.