Terms of Service

Section 1Definitions and Introductory Provisions

These Terms of Service ("Terms") govern the rights and obligations between V-Tech Services s.r.o., Company ID: 24091995, registered in the Czech commercial register ("Operator"), and any person using the Service ("User"). These Terms become binding upon account creation or first use of the Service.

For the purposes of these Terms:

• "Service" means the FanSpeak web application available at https://fanspeak.io/ and all related features and APIs.
• "User" means any natural or legal person who creates an account or otherwise uses the Service.
• "Connected Platform" means a third-party service (e.g. YouTube, Instagram, TikTok) linked to the User's account via OAuth2 or another authorised interface.
• "Content" means comments, replies, metadata and other data retrieved from Connected Platforms based on the User's authorisation.

These Terms are governed by Czech law, in particular Act No. 89/2012 Coll. (Civil Code, "CC"), Act No. 634/1992 Coll. (Consumer Protection Act), Act No. 480/2004 Coll. (Information Society Services Act), and applicable EU law including Regulation (EU) 2022/2065 (DSA) and Directive 2011/83/EU on consumer rights.

Section 2Eligibility

The Service may be used by natural persons aged 16 or over, or by legal entities. By logging in to the Service, the User represents that they meet this requirement and are authorised to bind themselves or the entity on whose behalf they are acting.

Users under 18 must obtain the consent of a legal guardian. The Operator reserves the right to request proof of age or guardian consent.

Section 3Registration and Account Credentials

Registration is available via Google OAuth 2.0. The User must:

• keep their login credentials confidential and not share them with third parties,
• notify the Operator immediately of any unauthorised use of their account at privacy [at] fanspeak.io,
• use the Service solely for purposes compliant with these Terms and applicable law.

The Operator is not liable for damages arising from misuse of login credentials unless the Operator is at fault.

Section 4Description of the Service

FanSpeak is a SaaS platform for managing and moderating comments on YouTube and other social networks. Via authorised OAuth2 interfaces, the platform retrieves Content from Connected Platforms and enables Users to:

• view, filter and sort comments,
• reply to and moderate comments,
• track channel statistics and analytics,
• use automated comment management tools.

FanSpeak publishes to Connected Platforms only actions explicitly initiated by the User (e.g. sending a reply to a comment). The Operator does not interact with Connected Platforms autonomously without the User's knowledge.

The Operator reserves the right to change, add or discontinue any features of the Service at any time, without prior notice, unless applicable mandatory law requires otherwise.

Section 5Acceptable Use

The User agrees not to use the Service to:

• violate applicable laws of the Czech Republic, the European Union or any other jurisdiction,
• distribute spam, harassing, hateful or otherwise objectionable content,
• attempt to gain unauthorised access to other accounts or systems,
• resell, sublicense or otherwise commercially exploit access to the Service without the Operator's written consent,
• reverse-engineer or scrape the FanSpeak platform itself,
• disrupt the Service via DoS/DDoS attacks or similar methods,
• circumvent the Operator's security measures,
• act in breach of the terms of any Connected Platform (in particular: YouTube API Services Terms of Service, Instagram Terms of Use, TikTok Terms of Service, Facebook Terms of Service, WordPress Terms of Service, Twitch Terms of Service, OnlyFans Terms of Service, X Terms of Service).

The User bears full responsibility for all Content published through the Service.

Section 6Intellectual Property

All components of the Service (software, source code, design, graphic elements, logos, texts and databases) are the intellectual property of the Operator or are licensed from third parties and are protected by copyright and other intellectual property rights.

The User is granted a limited, non-exclusive, non-transferable and revocable licence to use the Service solely for their own personal or internal business purposes in accordance with these Terms. This licence does not permit the User to copy, modify, distribute, sell or otherwise commercially exploit any part of the Service.

Comments and other Content retrieved from Connected Platforms remain the property of their respective owners and platforms.

Section 7Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

To the maximum extent permitted by applicable law, the Operator expressly disclaims all warranties, including without limitation:

• fitness for a particular purpose,
• uninterrupted, error-free or secure operation of the Service,
• accuracy or completeness of data retrieved from Connected Platforms,
• that the Service will meet the User's expectations or requirements,
• compatibility of the Service with any hardware or software of the User.

The Operator is not responsible for the availability, functionality or content of Connected Platforms (YouTube, Google, Instagram, TikTok, etc.) or for unilateral changes to their terms or APIs that may limit or prevent the functionality of the Service.

Section 8Limitation of Liability

To the maximum extent permitted by applicable law, the Operator disclaims all liability for any direct, indirect, incidental, special, consequential or punitive damages.

This limitation applies to damages arising from, among other things:

• access to or inability to access the Service,
• unauthorised access to or misuse of the User's account by a third party,
• outage, error, virus or other disruption to the Service,
• loss of data, Content or profits of the User,
• conduct or content of third parties on Connected Platforms,
• any other event relating to the Service, even if the Operator has been advised of the possibility of such damages.

The Operator's total cumulative liability to the User for all claims arising in the preceding 12-month period shall not exceed EUR 100 (or the equivalent in CZK at the CNB exchange rate on the date the claim arises), or the amount of fees actually paid by the User for the Service during that period, whichever is lower. For free accounts, the Operator's liability is limited to zero.

Section 9Service Availability

The Operator will make reasonable commercial efforts to ensure the availability of the Service but does not guarantee continuous or error-free availability. The Operator reserves the right to temporarily take down the Service or any part of it at any time for maintenance, updates or other operational reasons.

For planned outages longer than 2 hours the Operator will notify Users with reasonable advance notice (generally at least 24 hours), where technically possible. Downtime does not entitle the User to damages or a refund of fees.

Section 10Payment Terms

The free tier of the Service is available to the extent described on the Operator's website. The Operator reserves the right to change the scope of the free tier at any time.

For paid plans:

• The current pricing is published at https://fanspeak.io/pricing; the Operator may change prices, but changes do not affect subscriptions already paid for before the change takes effect.
• Subscriptions renew automatically unless the User cancels before the renewal date.
• All fees are non-refundable unless otherwise expressly stated or required by mandatory law.
• Consumers have the right to withdraw from a distance contract within 14 days under § 1829 CC and Directive 2011/83/EU, unless the Operator has begun performance at the consumer's explicit request before the expiry of that period.

Section 11Privacy and Data Protection

Processing of personal data is governed by the Privacy Policy, which forms an integral part of these Terms. The Operator processes personal data in accordance with Regulation (EU) 2016/679 (GDPR) and Act No. 110/2019 Coll. on personal data processing.

For login and account management purposes, the Operator stores only the User's email address, which serves as the identifier for login.

Section 12Third-Party Services

The User acknowledges that:

• Use of Connected Platforms is governed by the relevant third-party terms; the User must comply with those terms (in particular: YouTube API Services Terms of Service, Instagram Terms of Use, TikTok Terms of Service, Facebook Terms of Service, WordPress Terms of Service, Twitch Terms of Service, OnlyFans Terms of Service, X Terms of Service).
• The Operator has no control over the availability, functionality or content of third-party services.
• The Operator is not liable for changes, outages or discontinuation of third-party APIs or terms.
• The User may revoke a third party's access to their account at any time via FanSpeak settings or directly in the security settings of the relevant platform.

Section 13Termination

The User may close their account at any time via the application settings or by sending a request to privacy [at] fanspeak.io. Upon account closure, the User's data will be deleted within 30 days, unless retention is required by mandatory law.

The Operator may restrict access or close the User's account, in particular if:

• the User seriously or repeatedly breaches these Terms,
• the User engages in unlawful conduct,
• subscription fees for a paid plan remain unpaid,
• the Operator decides to discontinue the Service.

In the event the Service is discontinued, the Operator will notify Users via in-app notice at least 30 days in advance.

Section 14Changes to these Terms

The Operator reserves the right to update these Terms at any time. Users will be notified of material changes by an in-app notice at least 14 days before the changes take effect.

Continued use of the Service after the effective date of the updated Terms constitutes acceptance of the changes. If the User does not agree to the changes, they may close their account before the effective date.

Section 15Governing Law and Dispute Resolution

These Terms are governed by the laws of the Czech Republic, without prejudice to consumer rights arising from mandatory provisions of the law of the country where the consumer is habitually resident.

Disputes will be resolved amicably in the first instance. Consumers may refer a dispute to the Czech Trade Inspection Authority (www.coi.cz) or to the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/.

If no amicable resolution is reached, disputes shall be resolved by the courts of the Czech Republic. For disputes with business Users, the court with jurisdiction over the Operator's registered seat shall have exclusive jurisdiction.

Section 16Severability

If any provision of these Terms is or becomes invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid provision that most closely approximates the original intent of the parties.

Section 17Contact