Feedeo Terms of Service

Last updated: November 20, 2023

Welcome, and thank you for using the Feedeo Platform at [https://feedeo.spreading.ai] (the "Feedeo") provided by ZEGOCLOUD. PTE. LTD. (herein referred to as "Feedeo", "We", "us" and "our").

Please read these Terms carefully before using our Services. By registering for, accessing, browsing, or using our website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms as well as our Privacy Policy incorporated herein by reference. If you do not agree with these Terms, then you do not have our permission to use our Services. You indicate your acceptance of these Terms by registering for an account, accessing the Service, or clicking to accept when presented with these Terms. The Terms of Service, Privacy Policy and/or any supplementary agreement entered separately constitute a binding agreement between you and Feedeo.

These Terms apply to anyone who accesses or uses our Services, whether registered as a user or not. If you are using our Services on behalf of a company or entity, you represent that you have the authority to bind that organization and "you" will refer to that entity.

We reserve the right to modify these Terms at any time, effective immediately upon posting the revised Terms on our Services. Your continued use of the Services constitutes acceptance of the modified Terms. If you do not wish to continue under the new Terms, you may terminate your relationship with us as per the instructions provided in these Terms.

1. Accounts and Registration

1.1 To use the Services, you must register for an account. The account registration information includes, but not limited to, your account name, photo, email, password, and all the information entered when registering or updating the Services account. We may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.

1.2 You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account. If you are under the age of 18, you are prohibited from both the access and usage of the Platform and should immediately stop using the Platform.

1.3 When you register, you will be asked to provide a password. You are solely responsible for keeping your password secure and all the activities taken under your account. We can not and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

1.4 You acknowledge that we will use the email address you provide when opening an Account or as updated by you from time to time as the primary method for communication with you (“Primary Email Address”). You must keep the Primary Email Address you provide to us valid and your Primary Email Address must be capable of both sending and receiving messages. Your email communications with us can only be authenticated if they come from your Primary Email Address.

1.5 You acknowledge that we will send you important Service emails including password resets, purchase confirmations, as well as marketing emails with information about the Services including information on how to create content, introduction of new functionalities and promotions. You may opt-out of the marketing emails by accessing your account settings on the Platform or by following the unsubscribe link in the emails you receive. We will not send you marketing emails about any third-party product or service without obtaining your explicit prior consent.

1.6 Subject to Section 1.2, the person or the entity signing up for the Service by opening an Account will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide. The Account Owner is responsible for: (a) ensuring its employees, agents and subcontractors, including via Staff Accounts, comply with these Terms of Service; and (b) any breach of these Terms of Service by the Account Owner’s employees, agents or subcontractors. The Account Owner acknowledges and agrees that Account Owner will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Account Owner. The account Owner and the users under Staff Accounts are each referred to as a “Feedeo User”.

2. Your Responsibilities

2.1 When you register for an account, you promise to abide by laws and regulations, safeguard national interests, citizens' legal rights, social public order, and ensure the authenticity of information. You shall guarantee that the following illegal or harmful information is prohibited in your registration:

Violation of the Constitution or any applicable laws and regulations;
Endanger national security, leak state secrets, subvert state power, and undermine national unity;
Damage to national honor and interests, damage to public interests;
Inciting ethnic hatred, ethnic discrimination, and undermining ethnic unity;
Spread rumors, disrupt social order, and undermine social stability;
Spread obscenity, pornography, gambling, violence, homicide, terror, or instigate crime; insult or slander others, infringe on the legal rights of others;
Contains other content prohibited by laws and administrative regulations.

2.2 If your registration and login information, profile pictures or bios contain any illegal, harmful, incorrect or untrue information, Feedeo has the right to notify you for correction, suspend your use or cancel your qualifications. If you fraudulently use any affiliates’ or social celebrities’ accounts to log in and use the Services, or fill in the account name, profiles, and bios, Feedeo has the right to cancel the account and report to the government authority.

2.3 You are responsible for the Services account that you have registered for. You guarantee that you can only use your account, and that the account can not be transferred, gifted or inherited.

2.4 You acknowledge and agree that all the content, photos, images, videos, or other results generated and obtained by using our service are for your reference, and you are soly responsible for the use of any results obtained by using the Services, including but not limited to the testing of the reliability, accuracy and completeness of results. You are responsible for the creation and operation of your website, as well as any designs, photos, images, graphics, written content, code, information, or other data (collectively, the “Content”) that you may post on your website. All aspects of the disputes, complaints, procedures and lawsuits arising thereof are between you and your readers.

2.5 You are fully responsible for all operations of the account. You agree to keep your account and password properly, and you are solely responsible for the losses caused by the disclosure of the password. If you are aware that someone else has fraudulently used or stolen your account and password, or any unauthorized use, you should immediately notify Feedeo in an effective manner and request Feedeo to suspend related services. At the same time, you understand that a reasonable time limit is required for Feedeo to take action on its request. Before Feedeo takes any measures, Feedeo is not responsible for your loss.

3. User Content

“User Content” refers to any text, data, information, images, videos, code or other content that you upload, host, share and publish on our Platform through your account.

3.1 Uploading User Content to Our Platform

Whenever you make use of a feature that allows you to upload, host, share and publish content to our Platform, or to make contact with other users of our Platform, you must comply with these terms.

3.1.1 Any content you upload to our Platform and make publicly available shall be considered non-confidential.

3.1.2 You retain any ownership rights that you may have in the content you upload to our Platform and in any content that you generate as a result of using our tools.

3.1.3 When you upload content to our Platform we need to be able to use and share that content to enable certain features in the platform. As such, you grant us the following rights to use that content:

A worldwide, revocable, non-exclusive, royalty-free, transferable license to use, reproduce and display that user-generated content in connection with the services provided by our Platform; and
A worldwide, revocable, non-exclusive, royalty-free, transferable license for other users or partners to use the content in accordance with the functionality of our Platform.

3.1.4 When you upload content to our Platform, you confirm that you:

Have the legal right to do so;
Are not prevented from doing so (for example, by any applicable law or confidentiality obligations);
Are not acting in violation of the intellectual property rights (including moral rights) of any person (which includes natural persons and body of persons corporate or unincorporate), or their right to privacy, when doing so;
Have the explicit consent to do so from the people featured in your videos (or similar) and agree to supply their explicit written consent which you obtained on our request; and
Have the explicit consent to do so when your video (or similar) features places that require permission to be sought in order to be featured.

You warrant that any such contribution by you (by uploading your content to our Platform) complies with these terms, and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We also have the right to disclose your identity to any third party who is claiming that any content published or uploaded by you to our Platform constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any videos you make on our Platform for any reason, including if your publication does not comply with these terms.

While we intend to prevent the loss of any content you upload to or create with our apps, ultimately you are solely responsible for securing and backing up your content.

Our access and use of your content (along with that of any sub-processors) is subject to our Privacy Policy.

If you choose to make your content publicly available within our Platform, your personal data and identifier (including user ID, uploaded content, profile image, avatar) may be made available to the general public.

3.2 User-Generated Content on Our Platform

Our Platform may include information and materials uploaded by other users of our Platform. This information and materials (if any) have not been verified or approved by us. The views expressed by users on our Platform do not represent our views or values.

If you wish to complain about content uploaded by any user, please contact us at feedeo@spreading.ai with the following information:

Your full name, email address, postal address and telephone number;
Who you are complaining on behalf of;
Link or location of the content that you are complaining about;
Details of your complaint and your request.

DMCA Notice and Takedown Procedure

If copyright holders or their agents believe that any content on this Application infringes upon their copyrights, they may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the Owner’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the holder of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Owner to locate the material;
Information reasonably sufficient to permit the Owner to contact the notifying party, such as an address, telephone number, and, if available, an electronic mail;
A statement that the notifying party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the notifying party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Failure to comply with all of the requirements outlined above may result in invalidity of the DMCA notice.

Copyright infringement notifications may be submitted to the designated agent at the following address: feedeo@spreading.ai Upon receiving a DMCA Notice, we may remove or disable access to the Materials claimed to be a copyright infringement. Once provided with a notice of takedown, the User can reply with a counter notification if they object to the complaint. The original complainant has 13 business days after we receive a counter notification to seek a court order restraining the merchant from engaging in the infringing activity, otherwise we restore the Material.

3.3 Prohibited Content

You agree that you will not display, post, submit, publish, upload or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; (vii) involves theft or terrorism; or (viii) is otherwise malicious or fraudulent.

4. Fees and Payment

4.1 Service Fees

Access to certain features of Feedeo may require payment of fees as listed on our website(https://feedeo.spreading.ai), which may be updated from time to time. Paid feature access requires a Subscription as further detailed below.

Feedeo reserves the right to modify, limit, suspend, or discontinue paid features or change pricing at any time, and will provide you with reasonable prior notice of any change in Subscription Fees. Your continued use of the Service after any changes to the pricing or paid features shall constitute your acceptance of such changes. Any Subscription Fee change will become effective at the end of the then-current Billing Cycle.

Please note that some features may be subject to additional terms and conditions, which will be presented to you before you make any payment for such features. You agree to comply with all such terms and conditions as well as these Terms.

4.2 Subscriptions

Paid access to the Service is provided on a subscription basis, subject to the plans and terms presented to you at the time of registration.

Subscription Fees are paid in advance and will be billed in intervals specified on the pricing page. You must keep a valid payment method on file with us to pay for all incurred and recurring Fees. By signing up, you authorize us to periodically charge your provided payment method for subscription fees, taxes, and any other indicated charges.

Subscriptions automatically renew continuously until cancellation. You may cancel your subscription at any time, and the cancellation will stop future charges at the end of the current paid period. Please refer to Section 4.5 for more details.

Please note that subscription fees are non-refundable except where required by law. Fees are owed regardless of actual Service usage during the subscription period.

4.3 Billing Details

You are required to provide accurate and complete billing information, including your legal name and valid payment details. Please notify us immediately of any changes to your information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and (ii) the information you supply to us is true, correct, and complete.

We may employ the use of third-party services for the purpose of facilitating payment. By submitting your payment information, you understand that we may share that information with these third parties subject to our Privacy Policy.

All prices shown on the Platform are as a standard denominated in USD.

Subscription charges may be recurring and periodic unless otherwise stated at the time of sign-up.

We reserve the right to suspend or terminate paid access if payment fails for any reason and the account becomes past due. In the event of such suspension or termination, you will remain responsible for any outstanding charges owed to us.

4.4 Taxes

Fees for the Services provided are exclusive of any government taxes or duties, including but not limited to sales, use, value-added, or other applicable taxes. You are solely responsible for paying any such taxes that are not based on our income. In the event that any withholding taxes apply, you must gross up payments so that we receive the full amount invoiced.

4.5 Cancellation

You have the option to cancel your paid Subscription at any time, either through the service interface or by contacting Feedeo support. Upon cancellation, any future recurring charges will be stopped at the end of the current billing period.

We reserve the right to cancel your Subscription if you breach any of the Terms outlined in our agreement, if your payment fails, or if we are required to do so by law.

4.6 Refunds

Payment obligations are non-cancelable, and fees paid are non-refundable and there are no credits for partially used Subscription periods.

5. Promotions

Any promotions made available through the Platform may be governed by rules that are separate from these Terms. If you participate in any promotions, please review the applicable rules as well as our Privacy Policy.

If the rules for a promotion conflict with these Terms, the rules governing the promotion will prevail.

6. Intellectual Property Rights

6.1 The website and Services are owned and operated by Feedeo. We retain all right, title, and interest in and to the website and Service, including without limitation all trademarks, patents, computers, other hardware, software and all intellectual property rights incorporated into or used by the Service. This Agreement does not grant you any right to reproduce, modify, distribute, or publicly display or perform the software included in the Service or any other right to the Service not specifically set forth herein.

6.2 You agree that you may not use any trademarks, logos, or service marks of Feedeo, whether registered or unregistered.

7. Representations and Warranties

7.1 Limited Service Warranty

Feedeo warrants that the paid features will perform substantially in accordance with our documentation during your paid term when used in accordance with the provisions of this Agreement and in compliance with the applicable specifications.

7.2 DISCLAIMER OF ALL OTHER WARRANTIES

EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUALITY OF SERVICE. NO ADVICE IN DOCUMENTATION, BEST PRACTICE GUIDES, OR OTHER RESULTS WILL CREATE ANY WARRANTY. FEEDEO DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

It is important to note that the limited warranty provided in Section 7.1 is the sole and exclusive warranty provided by Feedeo with respect to the Service. Feedeo does not provide any other warranties, express or implied, regarding the Service. Additionally, Feedeo does not guarantee that the Service will meet your specific requirements or that the Service will be available on an uninterrupted or error-free basis. You acknowledge and agree that your use of the Service is at your own risk and that Feedeo shall not be liable for any damages arising from your use of the Service.

8. Confidentiality

8.1 “Confidential Information” will include, but will not be limited to, any and all information disclosed by one party to the other party during the term of this Agreement, whether in oral, written, graphic or electronic form. Feedeo’s Confidential Information shall include non-public information regarding features, functionality and performance of the Services.

8.2 Confidential Information does not include information which: (a) is part of the public domain at the time of disclosure, and tagged public by the User; (b) becomes a part of the public domain through no fault of the receiving party or persons or entities to whom the receiving party has disclosed, transferred or permitted access to such information; (c) becomes available to the receiving party on a non-confidential basis from a source legally entitled to share the information without confidential treatment; (d) is independently developed by the receiving party without use of or access to the disclosing party’s Confidential Information; or (e) is released from the confidentiality obligations herein by written consent of the disclosing party.

8.3 Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other right and obligations in these Terms of Service. Each party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each will treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party will give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment.

9. Term and Termination

9.1 The term of these Terms of Service will begin on the date of your completed registration for use of our Service and continue until terminated by us or by you, as provided below (the “Term”).

9.2 You may cancel your Account and terminate the Terms of Service at any time by contacting our Support and then following the specific instructions indicated to you in our response.

9.3 Without limiting any other remedies, we may suspend or terminate your Account or the Terms of Service for any reason, without notice and at any time (unless otherwise required by law), including if we suspect that you (by conviction, settlement, insurance or investigation, or otherwise) have engaged in illegal activity in connection with the use of the Services. Termination of the Terms of Service will be without prejudice to any rights or obligations which arose prior to the date of termination.

9.4 Upon termination of the Services by either party for any reason:

(a) we will cease providing you with the Services and you will no longer be able to access your Account;
(b) unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
(c) We may delete all related User Content, videos, and data without notice at any time after termination except as required by law, any outstanding balance owed to Feedeo for your use of the Services through the effective date of such termination will immediately become due and payable in full; and your website will be taken offline.

9.5 The provisions contained in these Terms of Service regarding ownership, indemnification, limitation of liability, payment of fees, confidentiality and any other provisions meant to survive termination will continue in effect after termination.

10. Governing Law and Dispute Resolution

10.1 The Terms of Service will be governed by and interpreted in accordance with the laws of Singapore, without regard to principles of conflicts of laws.

10.2 The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Singapore with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

11. General Provisions

11.1 Notices

Formal notices from you to Feedeo must be sent via email to feedeo@spreading.ai. Notices from us may be provided within the Service, emailed to your address of record, or mailed. Notices are deemed received after 24 hours if emailed, 5 days if mailed, or when acknowledged through the Service interface.

11.2 Modification

We reserve the right to modify these Terms of Service from time to time at our sole discretion. All modifications will be posted as an updated version of these Terms on our website. We may additionally notify you of significant changes through other means such as in-product notifications or emails.

You are responsible for reviewing and becoming familiar with any modifications. Your continued use of the Service following the posting of updated Terms constitutes your acceptance of the modified Terms. If you do not wish to continue using the Service under the new Terms, you may terminate your access as provided in these Terms of Service.

Modifications will be effective on the date the updated Terms are posted unless a later effective date is expressly stated. Revised Terms will apply prospectively to use of the Service after such changes become effective.

11.3 Waiver

Any waiver under these Terms of Service must be in writing and signed by the party granting the waiver. Failure to enforce any right will not constitute a waiver. Any waiver applies only to the specific instance and does not affect future enforcement.

11.4 Severability

If any provision of these Terms is found unenforceable, it will be severed from these Terms while retaining enforceability of the remaining provisions.

11.5 Assignment

You may not assign, transfer or delegate any rights or obligations under these Terms without Feedeo's prior written consent. Feedeo may freely assign these Terms. These Terms will be binding upon the parties and their respective successors and permitted assigns.

11.6 Third Party Rights

These Terms do not confer any rights or benefits to any person or entity not a party hereto. The parties do not intend to confer third party beneficiary rights. Notwithstanding this, we reserve the right to enforce these Terms on behalf of our affiliates, licensors, vendors, or suppliers.

11.7 Marketing

You grant us permission to use your name and logo in User lists, marketing materials, and public announcements to state that you are a Feedeo User, unless you withdraw such consent. We will obtain your prior approval for any specific quote or endorsement.

11.8 Entire Agreement

These Terms including referenced documents comprise the entire agreement relating to the use of the Service. They supersede any other prior or collateral agreements. Any different or additional terms proposed by you are expressly rejected and shall be of no effect.

12. Contact

If you have any questions, you can give us feedback through feedeo@spreading.ai. We will review and reply as soon as possible.