Terms of Service

1. Introduction

Welcome to FairCreator ("Company", "we", "our", "us"). These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at faircreator.com and our influencer analytics and campaign management platform (together or individually "Service") operated by FairCreator.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here: Privacy Policy.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

2. Description of Service

FairCreator provides a Software-as-a-Service (SaaS) platform that enables businesses and marketers to:

• Analyze TikTok creator profiles using median view calculations
• Detect potential fake engagement and bot activity on creator accounts
• Calculate fair market prices for influencer collaborations
• Manage influencer marketing campaigns through a visual CRM pipeline
• Track product shipments and collaboration status

The Service is designed for businesses, marketing agencies, and professionals engaged in influencer marketing activities.

3. Accounts and Registration

To access certain features of the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information during the registration process
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Immediately notify us if you discover or suspect any security breaches related to your account

You are responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription Plans and Payments

FairCreator offers both free and paid subscription plans:

• Basic (Free): Limited to 5 creator analyses per day with basic features
• Starter ($29/month): 100 analyses per month with full feature access
• Growth ($49/month): 500 analyses per month with priority support

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

Paid subscriptions are billed in advance on a monthly or annual basis. Payment is processed securely through Paddle. By subscribing to a paid plan, you authorize recurring charges to your payment method.

Prices are subject to change with 30 days' notice. Any price changes will not affect your current billing cycle.

5. Free Trial

We may offer a free trial period for new users. At the end of the free trial, your account will automatically convert to the Basic (free) plan unless you choose to subscribe to a paid plan. No payment information is required to start a free trial.

6. Refunds and Cancellations

You have the right to cancel your purchase and request a full refund within 14 days of your purchase or renewal date, without giving any reason. All payments are processed by our payment provider. Please refer to our Refund Policy for complete details.

You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Harass, abuse, or harm another person or entity
• Attempt to gain unauthorized access to the Service or its related systems
• Use automated systems or software to extract data from the Service (scraping)
• Interfere with or disrupt the integrity or performance of the Service
• Resell or redistribute the Service without our express written consent
• Use the Service for any fraudulent or deceptive purposes

8. Intellectual Property

The Service and its original content (excluding user-provided data), features, and functionality are and will remain the exclusive property of FairCreator and its licensors. The Service is protected by copyright, trademark, and other laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of FairCreator.

9. User Data and Content

You retain all rights to the data you input into the Service. By using the Service, you grant us a limited license to process your data solely for the purpose of providing the Service to you.

We do not claim ownership over any creator data analyzed through our platform. All TikTok creator information is obtained from publicly available sources and third-party APIs.

10. Third-Party Services

Our Service may contain links to third-party websites or services that are not owned or controlled by FairCreator. This includes but is not limited to TikTok, payment processors, and analytics providers.

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and privacy policies of any third-party sites you visit.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FAIRCREATOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the analytics data provided will be 100% accurate. The fair price calculations are estimates based on publicly available data and should be used as guidance only, not as definitive valuations.

12. Limitation of Liability

IN NO EVENT SHALL FAIRCREATOR, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

13. Indemnification

You agree to defend, indemnify, and hold harmless FairCreator and its licensees, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of the Service or violation of these Terms.

14. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.