Terms of Service

These Terms of Service (the “Terms”) form a binding agreement between you (“you” or the “Customer”) and Streampace LLC, a Pennsylvania limited liability company (“Streampace,” “we,” “us,” or “our”). They govern your access to and use of the Streampace web application, APIs, dashboards, data feeds, alerts, integrations, and any other services Streampace offers from time to time (collectively, the “Service”).

By creating an account, paying a fee, clicking “I agree,” using the Service, or accessing the Service in any way (including via demo or trial), you represent that you have read, understood, and agreed to be bound by these Terms. If you do not agree, do not access or use the Service.

If you are entering into these Terms on behalf of a company, agency, or other legal entity, you represent that you have full authority to bind that entity. In that case, “you” and “Customer” include both you individually and the entity, jointly and severally.

These Terms incorporate by reference our Privacy Policy and any order forms, pricing pages, or supplemental policies posted by Streampace from time to time. In the event of conflict between an order form executed by an authorized Streampace representative and these Terms, the order form controls only with respect to the specific provisions that expressly conflict.

• “Customer Data” means any data, content, or information that the Customer submits to or generates within the Service, excluding TikTok Data, Output Data, Feedback, and Streampace Materials.
• “Output Data” means analytics, reports, scores, dashboards, derived metrics, and other outputs produced by the Service from TikTok Data, Customer Data, or any combination thereof.
• “Streampace Materials” means the Service, the Streampace name and brand, our software, algorithms, models, documentation, designs, and any related intellectual property, including all updates, modifications, and derivatives thereof.
• “Subscription” means a paid right to access the Service for a specified term under a tier described on our pricing page or in an order form.
• “TikTok Data” means any data observed, collected, ingested, or derived from TikTok or TikTok Live broadcasts (including but not limited to gift events, gifter identifiers, battle outcomes, viewer counts, and creator-published statistics) by Streampace or its service providers.
• “User” means any natural person who accesses the Service under the Customer’s account, including employees, contractors, and authorized third parties.

Streampace provides a multi-tenant analytics platform for TikTok Live data, including per-creator dashboards, per-gifter histories, battle profitability views, real-time alerts, statistical reports, and related features. The Service is delivered as a hosted, web-based application. Specific features available to you depend on your Subscription tier and may change without notice.

The Service relies on data captured in real time while a TikTok Live broadcast is active. There is no historical-stream API on TikTok, so the Service cannot retrieve data for streams that occurred before Streampace began monitoring a creator. You acknowledge and accept this limitation.

4.1 Eligibility. The Service is intended for users who are at least 18 years of age and legally capable of entering into binding contracts. By using the Service, you represent that you meet these requirements.

4.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether authorized by you or not. You will notify Streampace immediately at [email protected] of any actual or suspected unauthorized access. We are not liable for any loss arising from your failure to safeguard your credentials.

4.3 Roster and Creator Handles. You may add TikTok creator handles to your roster only if you are authorized to do so under your arrangement with the relevant creator(s) or otherwise have a lawful basis for monitoring those handles. Streampace does not verify your authority and accepts no responsibility for disputes arising from roster choices. You will indemnify Streampace per Section 14 against any claim arising from a creator, agency, platform, or third party related to your roster.

4.4 Subscription Term. Subscriptions auto-renew on a monthly or annual basis as selected at checkout, until cancelled in accordance with these Terms. Cancellation takes effect at the end of the then-current billing period. We do not pro-rate partially-used periods.

5.1 Fees. You will pay the fees published on our pricing page or specified in your order form, plus any applicable taxes. Streampace may change pricing prospectively at any time; price changes apply at your next renewal unless otherwise stated.

5.2 Billing Authorization. By providing payment-method information, you authorize Streampace and our payment processor (Stripe, Inc.) to charge that method on a recurring basis for all amounts due, until you cancel. If a payment fails, Streampace may suspend or terminate your access without notice and may pursue any outstanding balance as a debt.

5.3 No Refunds. Except where required by applicable law, all fees are non-refundable. Cancellation, downgrade, suspension, or termination does not entitle you to a refund of any prepaid fees, including for partially-used billing periods.

5.4 Overages. If your usage exceeds the limits of your Subscription tier (e.g., creator-count caps, API call quotas, alert volumes), Streampace may, at our discretion, (a) bill overage fees, (b) throttle or suspend access, or (c) require an upgrade. We are not obligated to provide warning before applying any of these measures.

5.5 Promotional Codes. Promotional or discount codes (including LAUNCH, LAUNCH_YEAR, LAUNCH_AGENCY, FREELEMONS, FOUNDERS, and any successor codes) are subject to additional terms posted at the time of issuance, may be limited to a maximum number of redemptions per code, may be restricted to specific subscription tiers or billing periods, and may be modified or revoked by Streampace at any time. Once a code's redemption limit is reached or the code is otherwise discontinued, Streampace is under no obligation to honor it for subsequent customers.

6.1 To You. Subject to your continuous compliance with these Terms and timely payment of all fees, Streampace grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the Subscription term, solely for your internal business purposes and only within the tier-defined usage limits.

6.2 To Streampace. You grant Streampace a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to (a) use Customer Data and Output Data to operate, support, secure, and improve the Service; (b) generate aggregated, anonymized, or de-identified data for any lawful purpose, including benchmarking, research, product development, and marketing; and (c) retain such aggregated/de-identified data after termination.

6.3 No Implied Licenses. No rights are granted by implication, estoppel, or otherwise. Streampace reserves all rights not expressly granted.

You will not, and will not permit any User or third party to:

• copy, modify, translate, reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, ideas, or algorithms of any part of the Service or Streampace Materials;
• resell, sublicense, time-share, or rent the Service, or use it on behalf of any third party except as expressly permitted by your Subscription tier;
• use the Service to build a competing product, perform competitive benchmarking, or train any machine-learning model that competes with Streampace;
• bypass any technical protections, rate limits, access controls, or quota mechanisms;
• upload, transmit, or process any malicious code, spam, scraping output, or content that violates the rights of others or applicable law;
• use the Service in violation of TikTok’s Terms of Service, community guidelines, or platform policies;
• use the Service to surveil, harass, defame, or unlawfully target any individual, including any TikTok creator or gifter;
• attempt to access any account or data not belonging to you, or interfere with the operation of the Service for other Customers;
• remove, obscure, or alter any proprietary notices in the Service;
• publicly disclose Output Data without our written consent;
• use the Service in connection with any illegal activity.

Streampace may, in its sole discretion and without notice, suspend or terminate access for any actual or suspected violation of this Section.

8.1 Streampace Ownership. Streampace and its licensors own all right, title, and interest in and to the Streampace Materials, the Service, all underlying software, algorithms, statistical methods, schemas, dashboards, designs, logos, brand elements, and all derivatives, improvements, modifications, and feedback-driven changes thereof.

8.2 Output Data. As between you and Streampace, Streampace owns all Output Data and all intellectual property rights therein, but grants you a limited, non-exclusive right to view and use Output Data for your internal business purposes during the Subscription term.

8.3 Customer Data. As between you and Streampace, you retain ownership of Customer Data, subject to the licenses in Section 6.2. You represent and warrant that you have all rights necessary to provide Customer Data to Streampace and to grant the licenses in Section 6.2 without infringing any third-party right.

8.4 No Trademark License. Nothing in these Terms grants you any right to use the Streampace name, logo, or any other Streampace trademark. Any such use requires our prior written consent.

9.1 No Affiliation. Streampace is not affiliated with, endorsed by, or sponsored by TikTok, ByteDance Ltd., or any of their affiliates. All TikTok-related trademarks are the property of their respective owners.

9.2 Public Broadcast Data. The Service ingests publicly-broadcast data from TikTok Live streams using the same WebSocket interfaces TikTok exposes to its public clients. We do not access private accounts, scrape gated pages, or bypass any authentication.

9.3 Accuracy and Availability. TikTok Data is provided “AS IS” and may be incomplete, delayed, inaccurate, duplicated, missing, or unavailable for any reason at any time, including (without limitation) TikTok platform changes, signed-request vendor outages, rate limits, geographic restrictions, account-level blocks, network partition, and intentional throttling. Streampace makes no representation or warranty as to the accuracy, completeness, currency, reliability, or fitness for any purpose of TikTok Data, Output Data, or any analytics derived therefrom.

9.4 No Trading or Financial Decisions. The Service is not financial, tax, investment, or legal advice. You will not rely on Output Data as the basis for any decision involving the purchase, sale, or transfer of securities, derivatives, cryptocurrency, or other financial instruments. Streampace disclaims all liability for any such use.

9.5 Creator Takedown. If you are a TikTok creator and wish to request that Streampace cease processing data associated with your handle, contact us at [email protected]. We will evaluate the request in good faith but make no guarantee of compliance, except as required by applicable law. The Service does not currently offer a self-service opt-out.

Streampace’s handling of personal information is described in our Privacy Policy. By using the Service, you acknowledge that you have read and understood the Privacy Policy. The Privacy Policy is incorporated into these Terms by reference.

You are solely responsible for compliance with all data-protection laws applicable to your use of the Service, including but not limited to the EU GDPR, the UK GDPR, the California Consumer Privacy Act, and any sector-specific regulations. If your use of the Service requires a Data Processing Addendum, contact [email protected].

Each party (the “Receiving Party”) will protect the non-public information disclosed by the other party (the “Disclosing Party”) using the same degree of care it uses to protect its own confidential information of like importance, but no less than a reasonable degree of care. The Receiving Party will not disclose confidential information to any third party except to its employees, contractors, and service providers with a need to know and bound by confidentiality obligations no less protective than these. This Section survives termination for three (3) years.

THE SERVICE, OUTPUT DATA, AND TIKTOK DATA ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STREAMPACE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

STREAMPACE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR- FREE, OR THAT DEFECTS WILL BE CORRECTED. STREAMPACE MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY TIKTOK DATA, OUTPUT DATA, OR STATISTICAL RESULT.

No advice or information, whether oral or written, obtained by you from Streampace or through the Service creates any warranty not expressly stated in these Terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL STREAMPACE, ITS AFFILIATES, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF OPPORTUNITY, REGARDLESS OF THE LEGAL THEORY AND EVEN IF STREAMPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

STREAMPACE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE LESSER OF (A) THE FEES YOU PAID TO STREAMPACE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THIS CAP APPLIES IN THE AGGREGATE TO ALL CLAIMS AND CAUSES OF ACTION.

The limitations in this Section apply regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and survive any failure of essential purpose of any limited remedy.

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent any such exclusion or limitation is not enforceable in your jurisdiction, the foregoing provisions will apply to the maximum extent permitted by law.

You will defend, indemnify, and hold harmless Streampace, its affiliates, members, managers, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• your access to or use of the Service;
• any Customer Data or Output Data attributable to your use;
• your roster choices and any monitoring of TikTok creator handles;
• your violation of these Terms or any policy referenced herein;
• your violation of any law, regulation, or third-party right;
• any dispute between you and a TikTok creator, agency, gifter, or other third party arising from your use of the Service.

Streampace may, at its option, control the defense and settlement of any matter subject to indemnification. You will cooperate fully and not settle any matter without Streampace’s prior written consent.

15.1 By Streampace. Streampace may, at its sole discretion and without liability, suspend or terminate your access to the Service, in whole or in part, at any time and for any reason or no reason, including (without limitation) for any actual or suspected breach of these Terms, non-payment, security risk, or business-decision. Streampace will use commercially reasonable efforts to provide notice but is not required to do so.

15.2 By You. You may terminate your Subscription at any time via your account settings or by contacting [email protected]. Termination takes effect at the end of the then-current billing period; you are not entitled to a refund of any prepaid fees.

15.3 Effect of Termination. On termination, your right to access the Service ceases immediately. Streampace may, but is not obligated to, retain Customer Data and Output Data for a period after termination at our discretion. Streampace may continue to use aggregated, anonymized, or de-identified data indefinitely.

15.4 Survival. Sections 5 (with respect to amounts owed), 6.2, 8, 9.3–9.5, 11, 12, 13, 14, 15.3, 15.4, 16, 17, 19, 20, 21, and 22 survive termination.

You will not access or use the Service in violation of any U.S. or other applicable export-control or sanctions laws and regulations. You represent that you are not located in, ordinarily resident in, or organized under the laws of any country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S.-government denied-party list. Streampace may suspend or terminate access without liability for any actual or suspected violation of this Section.

If you provide Streampace with any suggestions, ideas, comments, improvement requests, or other feedback regarding the Service (“Feedback”), you irrevocably assign to Streampace all right, title, and interest in and to such Feedback, and Streampace may use, modify, distribute, and commercialize Feedback for any purpose without compensation, attribution, or restriction.

18.1 Service Changes. Streampace may add, remove, or modify any feature, functionality, pricing tier, or aspect of the Service at any time without liability. We are not obligated to maintain feature parity, backward compatibility, or any particular feature.

18.2 Terms Changes. Streampace may revise these Terms at any time by posting an updated version at this URL and updating the “Last Updated” date. Material changes will be communicated by email to the address on file or by in-app notice. Non-material changes (including clarifications, formatting, and consistency edits) take effect immediately upon posting. Your continued use of the Service after a change becomes effective constitutes acceptance of the revised Terms.

These Terms are governed by the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to its conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to Section 20, the state and federal courts located in Philadelphia County, Pennsylvania have exclusive jurisdiction over any action arising out of or relating to these Terms, and you consent to personal jurisdiction in those courts and waive any objection to venue.

20.1 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved through good-faith negotiation within thirty (30) days will be finally settled by binding arbitration administered by JAMS pursuant to its Streamlined Arbitration Rules, by a single arbitrator. The seat of arbitration is Philadelphia, Pennsylvania. The arbitration will be conducted in English.

20.2 Class Action Waiver. YOU AND STREAMPACE EACH AGREE THAT ALL DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS. NEITHER YOU NOR STREAMPACE WILL PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION. THE ARBITRATOR HAS NO AUTHORITY TO CONSOLIDATE CLAIMS, ARBITRATE ON A CLASS BASIS, OR ADJUDICATE THE CLAIMS OF MORE THAN ONE PARTY.

20.3 Exceptions. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual-property rights or confidential information. Either party may pursue claims in small-claims court for individual matters within that court’s jurisdictional limits.

20.4 30-Day Opt-Out. You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms, specifying the email address associated with your account and clearly indicating your intent to opt out. Opting out does not affect any other part of these Terms.

21.1 Entire Agreement. These Terms, together with any incorporated policies and order forms, constitute the entire agreement between you and Streampace regarding the Service and supersede all prior or contemporaneous proposals, agreements, and communications.

21.2 Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

21.3 No Waiver. A failure or delay by Streampace to enforce any right is not a waiver of that right or any other right.

21.4 Assignment. You may not assign or transfer these Terms or any rights hereunder without Streampace’s prior written consent. Streampace may assign these Terms freely, including in connection with any merger, acquisition, or sale of assets. Any assignment in violation of this Section is void.

21.5 Force Majeure. Neither party is liable for any failure or delay in performance caused by circumstances beyond reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, government action, third-party platform outages (including TikTok), internet failure, or epidemic.

21.6 No Agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

21.7 Notices. Streampace may give notice via the Service, by email to the address on your account, or by posting at this URL. You will give notice to Streampace at [email protected].

21.8 Headings. Section headings are for convenience only and do not affect interpretation.

21.9 Construction. These Terms will be construed neutrally; no presumption against the drafter applies.

For questions about these Terms, contact us at [email protected]. For support questions, use [email protected].

Streampace LLC — Pennsylvania, U.S.A.