Terms of service

Last update : 20/01/2023

Welcome to Viewlitics. We’re glad you came, and we hope you will enjoy our services!

Please read these Terms Of Service (TOS) carefully because they are a binding agreement between You and Viewlitics LLC (Viewlitics, We, the service provider).

The User guarantees that he has the necessary legal powers to accept the present TOS on behalf of his organization. If you do not have the legal capacity to bind your organization, you can not use our services.

The present TOS are applicable to the Parties and form a contractual whole which governs the provision our services. By accessing the www.viewlitics.com or app.viewlitics.com or viewlitics.com or by using the services provided through our platform, you accept these TOS and you agree to be legally bound by this contract.

The terms You, The User or The Customer refer to (in upper or lower case) the person or the legal entity (eg: company, organization, association, etc.), using the services provided by Viewlitics; the terms We, Viewlitics, or The Editor refer to the company operating the platform www.viewlitics.com, viewlitics.col and providing the related free or paid services - Viewlitics, LLC.

Hereinafter The Parties.

The Customer guarantees compliance with the present terms of services by all of its employees, agents and agents and more generally all platform users. These TOS prevail over any other document. The Customer acknowledges that, prior to any order, he has received sufficient information and advice of the Editor allowing him to ensure the adequacy of the offer to its needs. If necessary, the Client can contact the Editor to ensure that the services he is considering is well suited to his needs.

1. OBJECT

Viewlitics offers market research, online analytics and content creation tools to help users grow their Youtube channel. The present Terms of Service define how these automated services are provided to users.

2. PREREQUISITES

The following conditions must be met in order for you to use the services provided by Viewlitics, all of which are mandatory:

1. User must be over 18 (or reached the age legal capacity - for example 21, depending on your country)

2. User must have legal capacity and ability to contract legally

3. User must complete the registration process to creating your account

4. User must agree to the present Terms of Service

5. the user must provide truthful and up-to-date information (as required by law)

6. the user must be a professional working within the framework of his professional activities - our services being exclusively offered to professionals and are explicitely excluded to consumers

Access to Viewlitics is prohibited to software publishers offering directly competing services to our solutions, as well as their staff. If you are a direct competitor and you use Viewlitics in violation of this clause, you agree to compensate us on 20% on all of your turnover relating to your software and services, for a period of 5 years after the creation of your account in return for the right to use to our services and get a deep view of how our software works.

It is forbidden to use Viewlitics to perform functionality analysis, benchmarking of analytic software providing identical services as Viewlitics whether this analysis is done for you or for a third party.

If you have any doubts about compliance with these conditions, contact us directly so that we can help clarify.


3. OUR SERVICES


3.1 Scope of services provided

Viewlitics provides online electronic services to help organizations grow their Youtube channel, as well as collect data related to growth and performance, and prepare content for that purpose. In doing that we contract an obligation of means to provide tools and means to help you grow your channel.

The following services are provided :

• Traffic analysis based on specific keywords
• Estimation of ranking difficulty on these keywords
• Content production plans
• Reports on what we think are the best growth opportunities
• Pre-build content with AI so you have at your disposal content to prepare your videos, such as titles, content, questions audience might have in regard to the topic...
• Key Performance Indicators (KPI)
• More generally any tool we think can be helpful for growing a Youtube channel

These services are provided within specific limitations in regard to the user's accounts ( Start / Pro / Enterprise...). These limits are described on the product presentation pages (eg: https://www.viewlitics.com/pricing), for example how many keywords can be analysed, how many reports can be generated, how many KPI can be created, etc.

3.2 Data provided

Viewlitics collects data and provides estimations to give user's metrics that are as precise as possible. There are specific factors that users must take in consideration when using our solutions:
- Youtube's ranking algorythm is changing, as the company tries to optimize video rankings to their own user's preferences. Therefore a request for a traffic estimate for a specific keyword on Viewlitics might produce a result like 500.000 views on june, 1 2022 ; and the same request might give very different results the next day (700.000 views, on June 2, 2022). Over time we notice that results tend to align around the same number but there are side effect users have to take in consideration in their estimates. We do our best to try to provide accurate data but these results might vary because of Youtube's own algorythms.
- Youtube might try to restric our data collection and therefore Viewlitics might have some downtime due to that. We do provide a guarantee of availability of our services to cover this, and these risks that are on Viewlitics's side, we will compensate you for the downtime to the extend of the unused time of your subscription.
- Youtube might change significantly the results depending on the fact a person is logged in or not as Youtube can optimize a user's preferences. This also can have an impact on search results and limit our ability to provide accurate data.

3.3 Automatic data deletion

When data is created in Viewlitics (ex : new keyword research), a date is set automatically for it's ereasure, and we do that for the following reasons:

1. To keep your data fresh. The data we collect looses it's value with time. For example traffic data on a specific keyword will significantly change over time. After 3 month the data will not reflect the evolutions that happend through time. Therefore it doesn't make sense to keep this data and make decisions on it
2. To limit carbon emmissions. Viewlitics is a big data company, and we can process terabites of data. If we didn't put policies in place to delete that data we would create unnecessary carbon emissions. Therefore - when the data is not useful, we don't see a reason to keep it.
The storage limitation periods are all set in your account - for example 3 month, 6 month, 1 year, and depend on the plan you selected (Start / Pro / Enterprise)

3.4 Results you can achieve with our tools

Building a Youtube channel and ensuring it's growth is dependent on many factors that are out of Viewlitics' control and that are user's responsabilities, such as : - how the presentation of the videos is done
- how engaging the video is
- the quality of the sound
- the content of the video
- the storytelling ability of the presenter (creating intrigue, or and other specific emotions in their viewers)
- getting to the point and presenting information in a clear way
- etc.

Viewlitics can provide significant help in growing your channel, however we can not guarantee the results you can achieve because the ranking also significantly depends on how you will use our tools to create engaging videos. If you use our keyword tools and find great opportunity for traffic (e.g. low competition, and high volume), but your execution in the creation of a video does not matches what Youtube promotes, or what viewers expect, you will not reach any results.

Users are informed that our tools are only a part of the process to get good rankings and get traffic. Therefore we can not be held responsible for how your videos rank on Youtube or the traffic you will get. In a nutshell, nothing can save a bad video!

3.5 Creating your account

Once the present general TOS are accepted by users, the user will be able to open his account and access the platform through a login and a password. These credentials are individual and confidential; the user agrees not to share this information.

In case we discovers that these credential were shared (ex : one account used by 20 users), we reserves the right to invoice the services provided for the usage of the platform. Any action carried out by a user on the platform is presumed have been conducted by the user to whom the logins and passwords have been provided.

If you think your account has been compromised, please inform us as fast as possible, so preventive measures can be taken. Once the account is created, the user will be able to choose his account type.

3.6 Payment and prices

Payments are carried out through our payment provider or can also be made by bank transfer for long subscriptions (with prior approval of our sales team)

Each payment is final, no credit or refund will be made.

The prices indicated on the presentation pages are by default indicated excluding VAT or other taxdes; the corresponding taxes are added during the payment process.

3.7 Subscription

Once a subscription is started, a confirmation email is sent to you to confirm receipt of payment. Subscriptions are paid monthly or annually. Invoices are available in the Invoices tab inside Your Account.

Once a subscription is started, it is automatically renewed until the user decides to stop it. It is possible to stop your subscription simply in the My account space.

The user is responsible for stopping his subscription whenever he wishes, Viewlitics do not intervene on user accounts to start/stop a subscription, except in case technical anomaly is reported.

Once the subscription is stopped, the account can be used until the end of the subscription period.

After that, the account will automatically be placed on suspension, and user will no longer be able to access his data. The user will have access to a restricted account, allowing him to access invoices until the expiry of the account deletion period at the end of which, the account will be definitively erased, with all the associated data.

No refund will be made for an unused period - subscriptions are acquired for an incompressible period.

3.8 - Modification of services during subscription

If you choose to modify your services - for example adding additional users in the middle of your subscription - the charges will be added in proportion to the days remaining in your subscription (e.g.: you add one more user in the middle of the month, you pay for number of days remaining).

3.9 Promotional offers

We may offer certain discounts for the use of our services. These discounts have no monetary value and may not be resold or retransferred. They can only be used for normal use of the platform. Discounts expire after a certain period.

3.10 Cancellation of services

3.10.1 Normal Cancellation of services

A user can start and stop his subscription any time when he/she wishes. The user will have access to his account until the end of the subscription period after which he will not be billed.3.10.2 Cancellation for fault of the user

For security reasons, when a user violates these Terms Of Services, or for any other reasonable reason (ex: a user harasses other users, or resells Viewlitics credits, harasses or insults of our teams), we may decide to close an account or to terminate our contractual relationship before the end of the subscription period. In this case we will leave the user a reasonable period of time (example: 7 or 30 days depending on the case) to ensure the continuity of your operations. For information in 2022 and 2023 0 accounts were closed by us on the basis of this clause, this beeing for really exceptional cases.

3.10.3 Account deletion for unpaid invoices

An account can also be cancelled, blocked or deleted in the event that a subscription has not been renewed, when an invoice has been issued to the customer, and that the invoice has not been paid. In these cases the account will be deleted and the user will loose all data in the account.

3.11 Price change

Viewlitics may change the structure of its commercial offers. In the event that a change is happening during the subscription users will be informed at least 15 days before the change in question so that they can choose their new subscription, or stop their subscription.

4. GENERAL OBLIGATIONS

4.1 Accessibility and use of services

Viewlitics implements means to ensure that the platform is available 24 hours a day, 7 days a week. However, the user accepts that periods of inaccessibility may occur, for example when updating the platform, or due to technical interruptions.

Viewlitics will make sure to implement the means at its disposal to limit potential inaccessibility.

A broadband connection is preferable to access Viewlitics and use the services.

Users are informed that it is necessary to keep their browser up to date and that certain browsers that have not been updated for a long time may present technical incompatibilities.

You agree not to modify, adapt or hack the software made available to you or attempt to access in an unauthorized manner to Viewlitics.com or its services.

The use of the services provided by Viewlitics does not imply any partnership or association, if you wish take advantage of a partnership with Viewlitics, make sure you have obtained written permission beforehand.

You agree to use our services with diligences of a good householder, and in accordance with the laws. You agree not to not spam other users or use our services to send unsolicited communications.

You agree not to decrypt, decompile or reverse engineer the source code or platform code or attempt to do so. You agree not to use automated services (bots) to access Viewlitics.

You grant Viewlitics the right of its subcontractors to operate the processing of your data for the provision of services on the platform.

Viewlitics will make sure to implement the means at its disposal to ensure the technical security of the platform as well as the data processed.

4.2 Accuracy of information and cooperation between the parties

Users agree to provide accurate information for the provision of platform services (ex: payment information, location of the user for the payment of VAT...) and update informations as needed. The parties agree to collaborate in order to ensure the proper execution these terms of services.

4.3 Evolution of the platform

The user accepts that the services offered by Viewlitics may evolve over time. We may add or remove certain services over time. These changes to the platform are intended to improve the services provided to users.

4.4 Limitation of Liability

Users agreed to a limitation of liability for the provision of the Editor's services to three times the amount total paid by the customer for the services provided during the last 12 months of the damage, as well as a waiver of liability for consequential damages (such as and without limitation, loss of earnings or profit, loss of turnover, loss of goodwill and other similar losses).

You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to Viewlitics and Viewlitics shall have the right to seek injunctive relief against you in addition to any other legal remedies.4.5 Resale of Viewlitics

You agree not to resell, license, or sublicense, rent, sublease, transfer, distribute, or redistribute the Services. offered through the platform without the prior written consent of Viewlitics.

4.6 Transfer of the present contract

Users cannot transfer their contract to a third party

Viewlitics may transfer all contracts entered into with its subscribers to any legal entity in order to carry out its operations (for example in the event of the creation of a subsidiary to manage its operations).

4.7 Violation of these Terms of Service

The user agrees to strictly respect the commitments made under these general conditions of use of the service and undertakes to indemnify Viewlitics for any violation.

4.8 Changes to these TOS

The user accepts that these general terms of use of the service may change in the future by the publication of a new version of these at the following URL: https://www.viewlitics.com/legal or https://viewlitics.com/legal

5. INTELLECTUAL PROPERTY

Viewlitics grants a license to access and use the platform to the user, who accepts it. Each party retains ownership of their own intellectual property rights and other proprietary rights.

The user accepts that Viewlitics may use the logo of their organization in his marketing communications, unless opposition.5.1. AI created content

At this point in time there is no intellectual property on AI created content. So users are entirely free to reuse the content generated for your you in any way you want. It is our intention not to claim any intellectual property on the content generated by our AI, so if this situation would change in the law, we would act accordingly to try to accomodate our users the best way possible with intellectual property rights.

5.2. Third party integrations

To ensure you speed up your creative process we integrate some third party services in our platform, in particular for Thumbnails generation and b-roll footage. We choose these providers because they offer easy / simple licencing terms so you can use this content in your videos. In all cases users agree to verify the licencing terms on their own to ensure it fit their usage. Viewlitics will not be responsible for this content's usage and licencing.

6. SPECIFICITIES OF OUR PLATFORM

6.1. Activities that we don't support (possible termination of your account)

We do not work or support YouTube channel growth that are creating, or risk to create substantial harm to natural persons. This includes but is not limited to : - Hate speech
- Dangerous substances (how to make bombs...)
- Illegal activities (how to steal, how to commit fraud...)
- Health advice from non health professionnals
If we find out that you are using our platform for these activities, we will likely terminate your account.

6.2. Use of the AI

Use of AI services are subject to conditions of non harming natural persons.

7. OTHER CLAUSES

7.1. Export Controls.

The Services may not be used in or for the benefit of, exported, or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S's Specially Designated Nationals list any other restricted party lists U.S. Department of Commerce or any other applicable government agency. You represent and warrant that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end users directly.

7.2. Entire agreement.

These Terms and any policies incorporated in these Terms contain the entire agreement between the User and Viewlitics regarding the use of the Services and, other than any Service specific terms of use or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and Viewlitics on that subject.

7.3. Jurisdiction, Venue and Choice of Law.

These Terms will be governed by the laws of the State of California, excluding California’s conflicts of law rules or principles. Except as provided in the “Dispute Resolution” section, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of San Francisco County, California, USA.

8. SUGGESTIONS

We occasionnaly propose users to give us suggestions about improving our services in order to develop new features or improve current features (or remove them...). If you agree to provide us with suggestions, you agree to let us use them and own all intellectual property related to the creation of these new features. In counterpart for the suggestion, and if we actually implement it, you will get up to a 15% discount on your subscription for up to 6 month! Just contact us with once you see the new feature to get your discount code. The exact amount of discount will be decided on a case by case basis.

9. BETA VERSION

Viewlitics is currently released under a Beta Version, which means the platform is still in very active development as we are constantly adapting features to our customer's needs.

In pratical terms this means that you might see new features arrive or disappear from time to time, some data might be modified or deleted, and in more rare cases some features might not work as expected as we might have missed a bug here or there.

In case we really mess things up we will of course do our best to fix the situation and provide you with some reasonable discount on your subscription or add more benefits to your plan. Please be kind to us during this phase as we are trying to build something great for you !