Terms of Service & EULA

Version: 2026-02-16

1. Binding Agreement

This End User License Agreement ("Agreement") is a binding legal contract between SocialConductor ("Licensor", "We") and the entity or individual ("Licensee", "You") connecting a YouTube Channel to this service. By clicking "I Accept" or using the Service, you unconditionally accept these terms.

2. AI Technology Disclaimer ("As-Is")

You acknowledge that the Service utilizes Third-Party Generative AI (Google Gemini/Vertex AI) which is probabilistic and non-deterministic.

• No Guarantee of Accuracy: We make no representation regarding the accuracy, truthfulness, or appropriateness of AI-generated responses.
• Duty to Monitor: You acknowledge this is an automated tool, not a human employee. You agree to monitor the Service's activity on a daily basis. You retain sole responsibility for reviewing and removing inappropriate content.

3. License Grant & Data Rights

3.1 Limited License: By using the Service, you grant SocialConductor a worldwide, royalty-free license to access, process, and store data from your connected YouTube Channels (comments, videos, community posts) for the sole purpose of providing the Service.

3.2 Privacy: For users in the EEA/UK, our processing is governed by our Data Processing Addendum (DPA), which incorporates the EU Standard Contractual Clauses (SCCs).

4. YouTube Compliance

Your use of the Service is strictly subject to the YouTube Terms of Service and Community Guidelines.

By using this Service, you also acknowledge and agree to the Google Privacy Policy.

• Prohibited Content: You shall not use the AI to generate spam, scams, harassment, hate speech, or nudity.
• Platform Risk: You acknowledge that automation tools carry an inherent risk of platform restriction. We are not liable for any channel strikes, demonetization, or bans imposed by YouTube or Google.

5. Operational Limitations (The Gates)

To ensure system stability, the Service enforces mandatory hard-coded limitations ("Gates"):

• Loop Protection: The AI will not reply to the Channel Owner's own comments.
• Rate Limiting: Mandatory delays and deduplication windows are enforced to prevent spam classification.
• Circuit Breaker: The Service enforces a daily hard limit on replies (default: 50).
• Spam Moderation Gate: Users flagged as spammers via the Moderation Queue are automatically skipped by the AI reply engine. This is a user-controlled feature and we are not liable for any missed engagement resulting from this setting.

5a. Free Trial Policy

14-Day Free Trial: New accounts on the Free plan receive a 14-day trial period with full access to the Service. After 14 days, access to the dashboard and AI reply features is suspended until the user upgrades to a paid plan. The Free plan trial is intended for evaluation purposes only.

• Trial access is limited to one (1) trial per Google account.
• Trial features are identical to the Free plan limits (5 AI Responses/Day).
• After trial expiration, no data is deleted — your settings and history are preserved upon upgrade.
• We reserve the right to modify or discontinue the trial program at any time without notice.

5b. Viral Intelligence Feature

When the Viral Intelligence feature is enabled, the Service will access your YouTube channel's public comment data via the YouTube Data API v3 to harvest comments with significant community engagement (measured by like count). This data is stored in our database and used solely to improve the quality of AI-generated replies for your channel.

• Harvested comment data is scoped per-channel and is never shared across accounts.
• You may disable Viral Intelligence at any time from the AI Settings page.
• Disabling the feature does not automatically delete previously harvested examples — contact support for data removal.
• Comment harvesting runs daily at 3:00 AM UTC when the feature is enabled and your channel is in Live mode.

6. Subscription & Refunds

No Refunds: THE SERVICE IS PROVIDED ON A NON-REFUNDABLE BASIS. We do not provide refunds for partial months, downtime caused by third-party APIs (YouTube/Google), or dissatisfaction with AI creative choices.

7. Errors & Omissions

SocialConductor does not warrant that the Service is error-free. We explicitly disclaim liability for omissions (failure to reply) or contextual mistakes made by the AI.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SOCIALCONDUCTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL CUMULATIVE LIABILITY TO YOU IS LIMITED TO THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless SocialConductor from any claims, damages, liabilities, and expenses (including attorney's fees) arising from: (a) your use of the Service; (b) your violation of this Agreement; or (c) any AI-generated content published on your behalf.

11. Dispute Resolution

A. Mandatory Mediation: Before filing any claim, you agree to try to resolve the dispute informally by contacting support. If unresolved within 30 days, formal proceedings may begin.

B. Binding Arbitration: Any dispute shall be resolved by binding arbitration conducted by the AAA (American Arbitration Association) in the Commonwealth of Virginia.

C. Class Action Waiver: YOU AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING.

12. Termination

You may terminate this Agreement at any time by disconnecting your Channel in the Dashboard. We may terminate your access immediately for material violation of these Terms.

13. General Provisions

Governing Law: This Agreement is governed by the laws of the Commonwealth of Virginia.

Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations.

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