These terms of service ("Terms") govern your access and use of SparkTunes for TikTok ("Service"), a web application that provides personalized statistics on your TikTok usage. The Service is provided by SparkTunes for TikTok LLC ("we", "us" or "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
We respect your privacy and are committed to protecting it. Please read our Privacy Policy, which explains how we collect, use, and disclose your personal information when you use the Service. By accessing or using the Service, you consent to our Privacy Policy.
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal and non-commercial use only. You may not copy, modify, distribute, sell, or lease any part of the Service or its content, nor may you reverse engineer or attempt to extract the source code of the Service, unless you have our written permission.
You may not use the Service for any illegal, fraudulent, or harmful purpose, or in any way that violates any applicable law or regulation, or infringes any third party rights. You may not interfere with or disrupt the operation of the Service or its servers or networks. You may not use any automated means to access or use the Service, such as bots, scrapers, or scripts.
The Service and its content, features, and functionality are owned by us and our licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge and agree that you have no right, title, or interest in or to the Service or its content, features, and functionality, except as expressly granted by these Terms.
The trademarks, logos, and service marks displayed on the Service are our registered and unregistered trademarks or those of our licensors. You may not use them without our prior written permission.
The Service is provided "as is" and "as available", without any warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, accurate, reliable, or available at any time or location. We do not warrant that any defects or errors will be corrected. We do not warrant that the Service is free of viruses or other harmful components.
The Service relies on data from TikTok's API and other third-party sources. We do not warrant the quality, accuracy, completeness, timeliness, validity, legality, or availability of such data. We are not responsible for any errors or omissions in such data, or for any loss or damage that may result from your reliance on such data. You are solely responsible for verifying the data before using it for any purpose.
To the fullest extent permitted by law, we and our affiliates, directors, officers, employees, agents, licensors, and partners will not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with your access or use of (or inability to access or use) the Service, including but not limited to damages for loss of profits, data, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages. In no event will our total liability to you for all claims arising out of or relating to the Service exceed one hundred US dollars (US$100).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above exclusions and limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, agents, licensors, and partners from and against any and all claims, demands, actions, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or relating to your access or use of (or inability to access or use) the Service, your violation of these Terms, or your infringement of any third party rights. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with us in defending such claims. You agree not to settle any such claims without our prior written consent.
We reserve the right to terminate your access to and use of the Service at any time and for any reason, with or without notice. We may also suspend your access to the Service if we suspect that you have violated these Terms or any applicable law or regulation. Upon termination of your access to the Service, your license under these Terms will also terminate. Any provisions of these Terms that by their nature should survive termination will survive termination, including but not limited to disclaimers of warranties, limitations of liability, indemnification obligations, and dispute resolution provisions.
We may revise these Terms from time to time at our sole discretion. We will notify you of any changes by posting them on this page and updating the "Last Updated" date at the top. You are expected to check this page periodically for any changes. Your continued access or use of the Service after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop accessing or using the Service.
These Terms are governed by and construed in accordance with the laws of Delaware without regard to its conflict of law principles.
Any dispute arising out of or relating to these Terms or your access or use of (or inability to access or use) the Service will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect. The arbitration will be conducted by a single arbitrator in Wilmington Delaware applying Delaware law. The arbitrator's award will be final and binding and may be entered in any court having jurisdiction thereof.
You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You waive your right to participate in a class action lawsuit or class-wide arbitration.
If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
If you have any questions about these Terms please contact us at [email protected].
Illustrations by BasiilLeaf