# TikHub Terms of Use # TikHub Terms of Use **Effective Date:** March 17, 2026 **Last Updated:** March 17, 2026 > **IMPORTANT — PLEASE READ CAREFULLY.** By accessing or using TikHub's services, you agree to be bound by these Terms of Use, our Privacy Policy, and our Acceptable Use Policy. If you do not agree, do not use our services. **ALL SALES ARE FINAL — NO REFUNDS.** --- ## 1. Introduction and Overview TikHub.io ("TikHub," "we," "our," or "us") is a data analytics and integration platform that provides Application Programming Interface ("API") services enabling users to access, analyze, and integrate publicly available data from social media platforms. TikHub is operated by TikHub, LLC, a California limited liability company. These Terms of Use ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and TikHub governing your access to and use of TikHub's website, APIs, tools, documentation, and all related products and services (collectively, the "Services"). By accessing or using any part of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Acceptable Use Policy. If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization. ### 1.1 Relationship with Third-Party Platforms TikHub provides API services for accessing publicly available data across multiple social media and content platforms (collectively, "Supported Platforms"). TikHub is **NOT** affiliated with, sponsored by, or in any way officially connected with any Supported Platform or their parent companies, subsidiaries, or affiliates. All platform names, trademarks, service marks, and logos referenced herein are the property of their respective owners. Any reference to Supported Platforms is for identification purposes only and does not imply affiliation or sponsorship. The list of Supported Platforms may change at any time as TikHub adds or removes platform integrations, and such changes do not require amendment to these Terms. ### 1.2 Data Sources and Legal Basis TikHub accesses and processes only publicly available data — information that users have voluntarily made accessible to the general public on Supported Platforms without access restrictions. Our data collection practices are designed to comply with applicable laws and regulations across all Supported Platforms. We do **not**: - Circumvent any technical access controls, authentication mechanisms, or security measures on any Supported Platform - Access private, restricted, or password-protected content on any Supported Platform - Scrape data at rates designed to disrupt or degrade any Supported Platform's services - Access data through compromised or unauthorized credentials You acknowledge that each Supported Platform has its own terms of service, and TikHub's ability to provide data from any given platform may change at any time due to platform policy changes, technical modifications, or legal requirements. ### 1.3 Data Access Methodology TikHub accesses publicly available data from Supported Platforms through lawful means, including public-facing web interfaces, publicly documented APIs, and publicly accessible data feeds. TikHub does not use unauthorized credentials, exploit security vulnerabilities, or circumvent technical access controls (such as CAPTCHA, rate limiting, authentication gates, or IP blocks) to obtain data. Where a Supported Platform modifies its access controls or terms in a way that restricts TikHub's previously available access methods, TikHub will adjust its practices accordingly. TikHub makes no representation that its data access methods are authorized by any Supported Platform. ### 1.4 Platform Availability and Enforcement You acknowledge and agree that: - Any Supported Platform may, at any time and for any reason, take actions that restrict, limit, or terminate TikHub's ability to access data from that platform, including but not limited to issuing cease-and-desist notices, modifying technical access controls, or initiating legal proceedings - TikHub shall not be liable for any loss, damage, or disruption arising from any Supported Platform's decision to restrict TikHub's access, and such restriction shall not constitute a breach of these Terms or entitle you to any refund, credit, or compensation - If a Supported Platform restricts TikHub's access, TikHub will use commercially reasonable efforts to notify affected customers within five (5) business days, but makes no guarantee regarding the timeline or method of restoration, if any - TikHub does not guarantee uninterrupted access to data from any specific Supported Platform, and the inclusion of a platform on the Supported Platforms list does not constitute a warranty of continued availability - You should not rely on the continued availability of any specific Supported Platform's data as the sole basis for your business operations --- ## 2. Account Registration and Access To access certain features of our Services, you must create an account. You agree to: - Provide accurate, current, and complete registration information - Maintain the security and confidentiality of your account credentials - Immediately notify TikHub of any unauthorized use of your account - Accept full responsibility for all activities that occur under your account You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to create an account and use our Services. TikHub reserves the right to refuse service, terminate accounts, suspend access, or cancel orders at our sole discretion, at any time, and for any reason or no reason, without liability to you. Any such action by TikHub shall not entitle you to a refund. --- ## 3. License to Use Services Subject to your compliance with these Terms and payment of applicable fees, TikHub grants you a limited, non-exclusive, non-transferable, non-sublicensable, worldwide, and revocable license to access and use the Services solely for your lawful internal business purposes. ### 3.1 License Restrictions You shall not, and shall not permit any third party to: - Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Services - Modify, adapt, translate, or create derivative works based on the Services - Sublicense, lease, rent, loan, sell, resell, or otherwise redistribute the Services to third parties without prior written authorization - Remove, alter, or obscure any proprietary notices, labels, or marks on the Services - Use the Services to build a competitive product or service - Exceed any rate limits, usage quotas, or other technical restrictions associated with your subscription tier --- ## 4. Acceptable Use and Customer Responsibility for Data ### 4.1 Prohibited Uses You agree that you will **NOT** use the Services to: - Violate any applicable local, state, national, or international law or regulation - Infringe upon or violate the intellectual property rights, privacy rights, or other rights of any third party - Create fake engagement, including but not limited to automated following, liking, commenting, or any form of artificial interaction - Engage in unsolicited advertising, spam, chain letters, pyramid schemes, or any form of unauthorized solicitation - Authenticate fake accounts or access accounts without the account owner's explicit consent - Harass, stalk, threaten, defame, or intimidate any person or entity - Conduct surveillance, tracking, or monitoring of individuals without lawful basis and proper consent - Build or train facial recognition systems or biometric identification tools - Discriminate against individuals based on race, gender, religion, nationality, disability, sexual orientation, or age - Engage in any activity that could damage, disable, overburden, or impair the Services or any connected platform ### 4.2 Customer Responsibility for Data Use > **IMPORTANT DISCLAIMER:** TikHub provides access to publicly available data through its API services. TikHub is **NOT** responsible for how customers or end-users utilize, process, store, or redistribute the data obtained through our Services. You, as the Customer, bear sole and exclusive responsibility for ensuring that your use of any data obtained through TikHub's API complies with all applicable laws, regulations, and third-party platform terms of service in your jurisdiction and the jurisdiction of any data subjects. TikHub shall not be held liable for any illegal, unauthorized, or otherwise improper use or abuse of data accessed through our API. Without limiting the foregoing, you acknowledge and agree that: - You are solely responsible for determining the legality of your intended use of data in all applicable jurisdictions - You will comply with all applicable data protection and privacy laws, including but not limited to the GDPR, CCPA/CPRA, LGPD, PIPA, and any other relevant privacy regulations - You will obtain all necessary consents, authorizations, and legal bases required for your processing of personal data - You will implement appropriate technical and organizational measures to protect any personal data obtained through the Services - You will not use the data for any purpose that violates the rights of data subjects or the terms of service of any originating platform - Any legal claims, regulatory penalties, fines, or liabilities arising from your use or misuse of data obtained through TikHub's API are your sole responsibility ### 4.3 Human Rights and Ethical Use Safeguards In addition to the prohibited uses listed above, you expressly agree that you will **NOT** use the Services or any data obtained through the Services to: - Conduct political surveillance, political persecution, or targeting of individuals based on their political opinions, religious beliefs, or ethnic identity - Provide data to any government, law enforcement agency, or intelligence service for the purpose of surveilling, targeting, or persecuting individuals, except where compelled by valid legal process in a jurisdiction that provides due process protections - Identify, target, or profile individuals for the purpose of harassment campaigns, doxxing, or coordinated abuse - Compile dossiers or profiles on individuals for the purpose of political repression, authoritarian enforcement, or suppression of free expression - Circumvent sanctions, export controls, or trade restrictions imposed by the United States, the European Union, or the United Nations TikHub reserves the right to immediately suspend or terminate the account of any customer that TikHub reasonably believes is using the Services in violation of this Section 4.3, without prior notice and without refund. ### 4.4 Indemnification for Data Misuse You agree to indemnify, defend, and hold harmless TikHub, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of data obtained through the Services; (b) your violation of any applicable law, regulation, or third-party right; (c) any claim that your use of data obtained through the Services caused damage to a third party; (d) your violation of these Terms; (e) any claim or action by a Supported Platform or its parent company related to your use of data obtained through the Services; or (f) any regulatory action, fine, or penalty imposed by any data protection authority in any jurisdiction arising from your processing of data obtained through the Services. --- ## 5. Payment Terms and Refund Policy ### 5.1 Fees and Payment Access to certain features of the Services requires payment of fees as described on our pricing page. You agree to pay all fees associated with your selected subscription plan. All fees are quoted and payable in United States Dollars (USD) unless otherwise specified. - Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your plan) - Usage-based fees (if applicable) are billed in arrears based on actual usage - All fees are exclusive of applicable taxes, which you are responsible for paying - TikHub reserves the right to change pricing with thirty (30) days' prior written notice ### 5.2 No Refund Policy > **ALL SALES ARE FINAL. NO REFUNDS.** By purchasing any subscription, credit package, or service from TikHub, you acknowledge and agree that all payments are non-refundable. This includes, without limitation, subscription fees, API usage credits, setup fees, and any other charges. You waive any right to a chargeback or payment dispute for services rendered in accordance with these Terms. Exceptions to this policy may be granted solely at TikHub's discretion in the following limited circumstances: - Verified billing errors or duplicate charges caused by our payment system - Extended, unscheduled service outages exceeding seventy-two (72) consecutive hours that render the Services wholly unusable, verified by TikHub's monitoring systems To request consideration for an exception, you must contact team@tikhub.io within seven (7) days of the charge in question. TikHub's decision on any refund request is final and not subject to appeal. ### 5.3 Consumer Protection Notice If you are a consumer located in the European Union, United Kingdom, Australia, or another jurisdiction that provides mandatory statutory refund rights for digital services, your statutory rights under applicable consumer protection laws are not affected by this refund policy. In the event of a conflict between this policy and mandatory local consumer protection laws, the mandatory local laws shall prevail to the extent required. --- ## 6. Service Level and Maintenance TikHub will use commercially reasonable efforts to maintain the availability and functionality of the Services. However, TikHub does not guarantee any specific level of uptime, availability, or performance, and the Services are not designed or intended to be fault-tolerant or suitable for mission-critical applications. You acknowledge that: - The Services depend on third-party platforms whose availability is outside TikHub's control - Scheduled maintenance may temporarily suspend access to the Services, and TikHub will provide reasonable advance notice when practicable - Third-party platforms may modify their APIs, terms, or access policies at any time, which may affect the availability or functionality of our Services - TikHub is not liable for service interruptions caused by changes to third-party platforms Technical support is available on business days during TikHub's standard working hours (Monday through Friday, excluding public holidays) via email at team@tikhub.io. TikHub does not guarantee response times and will address support requests in the order received on a best-effort basis. TikHub reserves the right to charge additional fees for premium or priority support services. --- ## 7. Intellectual Property Rights ### 7.1 TikHub's Intellectual Property The Services, including all software, APIs, documentation, designs, text, graphics, and other content provided by TikHub, are and shall remain the exclusive property of TikHub and its licensors. Nothing in these Terms grants you any right, title, or interest in TikHub's intellectual property except the limited license expressly granted in Section 3. ### 7.2 Third-Party Content and Copyright Data and content accessed through TikHub's Services may be subject to third-party intellectual property rights. You acknowledge and agree that: - TikHub does not claim ownership of any third-party content accessible through the Services - You are solely responsible for ensuring your use of any content obtained through the Services does not infringe third-party copyrights, trademarks, or other intellectual property rights - You will respect the intellectual property rights of content creators whose data is accessible through our Services ### 7.3 DMCA and Copyright Complaints TikHub respects the intellectual property rights of others. If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement through our Services, please submit a notice to our designated copyright agent containing: 1. A physical or electronic signature of the copyright owner or authorized representative 2. Identification of the copyrighted work claimed to have been infringed 3. Identification of the material that is claimed to be infringing and its location within our Services 4. Your contact information (address, telephone number, and email address) 5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law 6. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf DMCA notices should be sent to: **team@tikhub.io** --- ## 8. Privacy and Data Protection ### 8.1 Privacy Policy Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection and use of your information as described in the Privacy Policy. ### 8.2 Data Processing To the extent TikHub processes personal data on your behalf, the parties agree to enter into a separate Data Processing Agreement ("DPA") that complies with applicable data protection laws, including the European Union General Data Protection Regulation ("GDPR") and the California Consumer Privacy Act / California Privacy Rights Act ("CPRA"). The DPA is available upon request. ### 8.3 Data Subject Rights If you are a data subject located in a jurisdiction that grants data protection rights (such as the EU/EEA, UK, California, or Brazil), you may have the right to access, correct, delete, or port your personal data. To exercise these rights, please contact us at team@tikhub.io. We will respond to verified requests within the timeframes required by applicable law. ### 8.4 Cross-Border Data Transfers TikHub may transfer and process data in jurisdictions outside your country of residence. Where required by law, we will ensure appropriate safeguards are in place for cross-border data transfers, including Standard Contractual Clauses (SCCs) or other legally recognized transfer mechanisms. ### 8.5 Data Sharing and Third-Party Data Sales **What We Do NOT Sell:** TikHub will never sell, share, or disclose your personal account information, including but not limited to your email address, password, payment information, API keys, or authentication credentials, to any third party. **What We May Share:** TikHub may sell, license, or otherwise make available to third parties aggregated and de-identified data derived from the publicly available content accessed through our API ("Raw Platform Data"). This Raw Platform Data consists solely of the publicly available social media content itself (e.g., public post content, public engagement metrics, public profile information from Supported Platforms). Important safeguards regarding third-party data sharing: - All customer-identifying information is stripped and excluded before any data is shared with third parties, including but not limited to: your account identity, request IDs, timestamps of your API requests, IP addresses, API keys, usage patterns, and any other metadata that could identify you as the requesting customer - We do not share your API query history, search parameters, or any information that reveals what data you specifically requested - Third parties receiving Raw Platform Data are contractually prohibited from attempting to re-identify individual TikHub customers from the data - Raw Platform Data shared with third parties contains only content that was already publicly accessible on the originating Supported Platform at the time of collection Your rights regarding data sharing: - You may opt out of having the Raw Platform Data generated through your API requests included in third-party data sales by contacting team@tikhub.io. Note that opting out does not affect data that was already shared prior to your opt-out request - You may request information about the categories of third parties with whom Raw Platform Data has been shared by contacting team@tikhub.io This section is supplemented by our Privacy Policy, which provides additional details on our data sharing practices. In the event of a conflict between this section and the Privacy Policy, the Privacy Policy shall control. ### 8.6 International Data Law Compliance TikHub's Services provide access to data from platforms operating in multiple jurisdictions, each with its own data protection and privacy laws. You acknowledge and agree as follows: **Regarding Chinese Platform Data** (Douyin, Xiaohongshu, Bilibili, Weibo, WeChat, Kuaishou, Pipixia, Zhihu): - China's Personal Information Protection Law ("PIPL"), Cybersecurity Law, and Data Security Law impose restrictions on the collection, processing, and cross-border transfer of personal information of individuals in the People's Republic of China - TikHub accesses only publicly available data from these platforms and does not engage in the systematic collection of personal information requiring government security assessments under PIPL Article 38-40 - You, as the Customer, are solely responsible for ensuring that your downstream use of any data originating from Chinese platforms complies with PIPL, the Cybersecurity Law, the Data Security Law, and any regulations issued by the Cyberspace Administration of China (CAC) - TikHub makes no representation or warranty regarding the compliance of your specific use case with Chinese data protection laws, and you should seek independent legal advice regarding your obligations - If Chinese authorities or platform operators take action that restricts data access, TikHub shall not be liable for any resulting service disruption **Regarding European Platform Data** (where applicable): - The European Union General Data Protection Regulation (GDPR) and the UK Data Protection Act apply to the processing of personal data of individuals in the EU/EEA and UK, regardless of where the processing takes place - Where TikHub transfers personal data outside the EU/EEA, it will rely on appropriate legal mechanisms, including Standard Contractual Clauses (SCCs) approved by the European Commission - TikHub acknowledges that as a US-based company, US law enforcement may seek access to data under FISA Section 702 or Executive Order 12333, and TikHub will comply with valid legal process while providing transparency to the extent permitted by law **Regarding All Supported Platforms:** - Data protection laws vary significantly across jurisdictions, and TikHub cannot provide legal advice on your compliance obligations - You are responsible for conducting your own legal analysis of applicable data protection laws before using data from any Supported Platform - TikHub will cooperate with data protection authorities to the extent required by applicable law ### 8.7 Data Retention and Deletion TikHub retains customer account data for the duration of the customer relationship and for a reasonable period thereafter as required for legal, accounting, or business purposes. Upon account termination, TikHub will delete or anonymize your account data within ninety (90) days, except where retention is required by applicable law. You may request earlier deletion of your account data by contacting team@tikhub.io. --- ## 9. Confidentiality Each party (the "Receiving Party") acknowledges that the other party (the "Disclosing Party") may disclose proprietary, confidential, or trade secret information ("Confidential Information"). Confidential Information includes, but is not limited to: - **TikHub:** Non-public technical specifications, API architecture, pricing models, business strategies, and customer lists - **Customer:** Non-public data provided to TikHub for service provisioning, API keys, and authentication credentials The Receiving Party agrees to: (a) protect Confidential Information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) use Confidential Information only for the purposes of performing under these Terms; and (c) not disclose Confidential Information to third parties except as required for service performance or as compelled by law (with reasonable advance notice to the Disclosing Party where legally permitted). --- ## 10. Security TikHub implements commercially reasonable administrative, technical, and physical security measures designed to protect the Services and your data. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security. You acknowledge that: - You are responsible for maintaining the security of your API keys, access tokens, and account credentials - You must notify TikHub immediately at team@tikhub.io upon discovering any unauthorized access to or use of your account - TikHub is not liable for losses arising from your failure to safeguard your credentials In the event of a confirmed security incident affecting your account data (not including publicly available data obtained through the Services), TikHub will: (a) notify you in accordance with applicable law; (b) take commercially reasonable steps to contain and remediate the incident; and (c) cooperate with you to address the impact. TikHub's sole obligation and your sole remedy with respect to any security incident shall be limited to the foregoing notification and remediation efforts. TikHub shall not be liable for any security incident resulting from your failure to maintain adequate security of your own systems, credentials, or data. --- ## 11. Disclaimers > THE SERVICES ARE PROVIDED **"AS IS"** AND **"AS AVAILABLE"** WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIKHUB EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: > > - IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT > - ANY WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF DATA OBTAINED THROUGH THE SERVICES > - ANY WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS > - ANY WARRANTIES REGARDING THE CONTINUED AVAILABILITY OF DATA FROM THIRD-PARTY PLATFORMS TikHub does not warrant that data obtained through the Services is accurate, complete, current, or fit for any particular purpose, and assumes no responsibility for errors, omissions, delays, or inaccuracies in any data or content. You acknowledge that publicly available data may be modified, deleted, or made private by content creators or Supported Platforms at any time, and TikHub has no obligation to verify, update, or correct data after it has been delivered through the API. Any reliance on data obtained through the Services is at your sole risk. --- ## 12. Limitation of Liability ### 12.1 Exclusion of Certain Damages > TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIKHUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR REVENUE, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF TIKHUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ### 12.2 Liability Cap > TIKHUB'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO TIKHUB IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100). ### 12.3 Exceptions to Liability Limitations The limitations in Sections 12.1 and 12.2 shall not apply to: (a) your indemnification obligations under Sections 4.4 and 13; (b) your breach of confidentiality obligations under Section 9; (c) your payment obligations under Section 5; (d) claims arising from your violation of Section 4 (Acceptable Use); or (e) your infringement of TikHub's intellectual property rights. For the avoidance of doubt, the exceptions in this Section 12.3 apply only to your obligations and do not expand TikHub's liability beyond the caps set forth in Section 12.2. ### 12.4 Jurisdictional Limitations Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In such jurisdictions, TikHub's liability shall be limited to the greatest extent permitted by applicable law. --- ## 13. Indemnification You agree to indemnify, defend, and hold harmless TikHub, its officers, directors, employees, agents, successors, and assigns from and against any and all claims, actions, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: - Your use of the Services or any data obtained through the Services - Your violation of these Terms or any applicable law or regulation - Your infringement or misappropriation of any third-party intellectual property, privacy, or other rights - Any claim by a third party related to your products, services, or activities that utilize data obtained through TikHub's API - Any illegal, unauthorized, or improper use or abuse of data accessed through TikHub's Services - Any regulatory investigation, inquiry, or enforcement action directed at TikHub that arises from or relates to your use of the Services --- ## 14. Governing Law and Dispute Resolution ### 14.1 Governing Law These Terms shall be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of laws provisions. ### 14.2 Informal Resolution Before initiating any formal dispute resolution proceeding, you agree to first contact TikHub at team@tikhub.io and attempt to resolve the dispute informally for a period of at least thirty (30) days from the date of the initial notice. ### 14.3 Binding Arbitration If a dispute cannot be resolved informally, you and TikHub agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted in English, and the seat of arbitration shall be the State of California. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. ### 14.4 Class Action Waiver > YOU AND TIKHUB AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims. ### 14.5 Exceptions Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights. --- ## 15. Term and Termination ### 15.1 Term These Terms are effective upon your first access to or use of the Services and continue until terminated by either party. ### 15.2 Termination by You You may terminate your account and these Terms at any time by contacting team@tikhub.io. Termination does not entitle you to a refund of any fees already paid. ### 15.3 Termination by TikHub TikHub may suspend or terminate your access to the Services immediately and without prior notice if: - You breach any provision of these Terms - You engage in any prohibited use described in Section 4 - We are required to do so by law or regulatory order - We reasonably believe that your account has been compromised - Continued provision of the Services is no longer commercially viable ### 15.4 Effect of Termination Upon termination: (a) all licenses and rights granted to you under these Terms shall immediately cease; (b) you must immediately stop using the Services and delete any cached or stored data obtained through the Services; (c) Sections 4.2, 4.3, 4.4, 5.2, 7, 8.5, 8.6, 9, 11, 12, 13, 14, and 15.4 shall survive termination. --- ## 16. General Provisions ### 16.1 Modifications to Terms TikHub reserves the right to modify these Terms at any time at its sole discretion. For material changes, TikHub will use commercially reasonable efforts to provide advance notice by email or by posting a notice on our website, but failure to provide such notice shall not affect the validity of the updated Terms. Your continued use of the Services after any modification constitutes your irrevocable acceptance of the updated Terms as of the date of modification. If you do not agree with any modification, your sole remedy is to stop using the Services and terminate your account; no refund shall be owed for the remaining term of any prepaid subscription. ### 16.2 Modifications to Services TikHub reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, and for any reason or no reason, at its sole discretion. Without limiting the foregoing, TikHub may add, remove, or modify Supported Platforms, API endpoints, features, rate limits, or data availability at any time. TikHub shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services, and no such change shall entitle you to a refund, credit, or other compensation. ### 16.3 Entire Agreement These Terms, together with the Privacy Policy, Acceptable Use Policy, and any applicable DPA, constitute the entire agreement between you and TikHub regarding the Services and supersede all prior or contemporaneous agreements, proposals, or representations. ### 16.4 Severability If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent. ### 16.5 No Waiver The failure of TikHub to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by TikHub. ### 16.6 Assignment You may not assign or transfer these Terms or any of your rights or obligations hereunder without TikHub's prior written consent. TikHub may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their successors and assigns. ### 16.7 Force Majeure Neither party shall be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control ("Force Majeure Event"), including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, riots, civil unrest, government actions or orders, sanctions, embargoes, trade restrictions, power failures, internet or telecommunications failures, cyberattacks, DDoS attacks, third-party platform outages, policy changes, or enforcement actions by Supported Platforms, regulatory authorities, or any third party. For the avoidance of doubt, any action taken by a Supported Platform that restricts, limits, or terminates TikHub's ability to access data shall constitute a Force Majeure Event. ### 16.8 Notices All notices under these Terms shall be in writing and shall be deemed given when: (a) delivered personally; (b) sent by confirmed email; or (c) sent by recognized overnight courier. Notices to TikHub shall be sent to team@tikhub.io. Notices to you shall be sent to the email address associated with your account. ### 16.9 Feedback If you provide TikHub with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you hereby grant TikHub a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive license to use, reproduce, modify, and commercialize such Feedback without obligation or compensation to you. ### 16.10 Marketing and Logo Usage Unless you opt out by sending written notice to team@tikhub.io, you grant TikHub a limited, non-exclusive right to use your company name and logo solely in TikHub's customer lists and marketing materials. TikHub will not use your name or logo in a manner that implies endorsement without your prior written approval. You may revoke this permission at any time by providing written notice. ### 16.11 Export Compliance You agree to comply with all applicable export control and sanctions laws and regulations. You represent and warrant that you are not: (a) located in, or a resident or national of, any country subject to a comprehensive U.S. embargo (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) listed on any U.S. government restricted party list, including the Specially Designated Nationals (SDN) list, the Entity List, or the Denied Persons List; or (c) owned or controlled by, or acting on behalf of, any person or entity described in (a) or (b). Any violation of this section shall result in immediate termination of your account without refund. ### 16.12 Assumption of Risk You expressly acknowledge and agree that your use of the Services is at your sole risk. You understand that: (a) the legal landscape regarding data scraping, data aggregation, and API-based data access is evolving and may vary by jurisdiction; (b) Supported Platforms may take adverse action against TikHub or its customers at any time; (c) regulatory authorities in any jurisdiction may take enforcement action that affects the Services; and (d) TikHub cannot guarantee the continued legality, availability, or functionality of the Services in any jurisdiction. By using the Services, you assume all risks associated with these uncertainties and agree that TikHub shall not be liable for any loss or damage arising from these risks. ### 16.13 Statute of Limitations You agree that any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose, or be permanently barred. This limitation applies regardless of the form of action, whether in contract, tort, strict liability, or otherwise. ### 16.14 Relationship of the Parties Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between TikHub and you. Neither party has the authority to bind the other or to incur any obligation on the other's behalf. ### 16.15 Third-Party Beneficiaries These Terms do not confer any third-party beneficiary rights. No Supported Platform, content creator, data subject, or other third party shall have any right to enforce any provision of these Terms. ### 16.16 Interpretation These Terms shall not be construed against TikHub merely because TikHub drafted them. Headings are for convenience only and shall not affect interpretation. The words "include," "includes," and "including" shall be deemed to be followed by "without limitation." References to "days" mean calendar days unless otherwise specified. --- ## 17. Contact Information If you have questions about these Terms, please contact us: **Email:** team@tikhub.io All inquiries — including general support, legal matters, privacy requests, security reports, DMCA/copyright notices, and marketing opt-outs — should be directed to team@tikhub.io. Please include the relevant subject category in your email subject line (e.g., "DMCA Notice," "Privacy Request," "Legal Inquiry") to help us route your request appropriately.