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:
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.
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.
Registration is available via Google OAuth 2.0. The User must:
The Operator is not liable for damages arising from misuse of login credentials unless the Operator is at fault.
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:
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.
The User agrees not to use the Service to:
The User bears full responsibility for all Content published through the Service.
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.
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:
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.
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:
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.
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.
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:
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.
The User acknowledges that:
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:
In the event the Service is discontinued, the Operator will notify Users via in-app notice at least 30 days in advance.
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.
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.
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.