Terms of Service

1. Description of Service

BKVSync provides users with tools and functionalities to upload, manage, schedule, and distribute their digital content ("User Content," as defined below) to various third-party social media platforms and online services ("Third-Party Platforms"). The Service may include different subscription tiers offering varying features, such as enhanced AI capabilities and other options.

2. Eligibility and Account Registration

2.1. Eligibility: To use the Service, you must be at least thirteen (13) years of age or older. If you are under the age of eighteen (18) or the age of legal majority in your jurisdiction, you may only use the Service with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Service is not intended for individuals under the age of 13. If you are under 13, you may not use the Service.

2.2. Account Creation: To access certain features of the Service, you must register for an account ("Account"). When you register for an Account, you agree to: (a) provide accurate, current, and complete information as may be prompted by any registration forms on the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to us, to keep it accurate, current, and complete; and (d) be fully responsible for all use of your Account and for any actions that take place using your Account.

2.3. Account Responsibility: You are responsible for safeguarding your Account password and for all activities that occur under your Account. You agree to notify us immediately at [email protected] of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.

3. Subscription Terms, Fees, Payment, and Cancellation

3.1. Subscription Plans: BKVSync offers various subscription plans ("Subscription Plans") with different features, usage limits, and pricing, available on either a monthly or annual basis. Details of the current Subscription Plans and their associated fees ("Subscription Fees") are available on our website or within the Service.

3.2. Payment:

• You agree to pay all applicable Subscription Fees for the Subscription Plan you select. All Subscription Fees are payable in U.S. Dollars unless otherwise specified.
• We use a third-party payment processor (e.g., Stripe) to bill you through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor in addition to these Terms. We are not responsible for errors by the payment processor.
• By choosing a Subscription Plan, you authorize us, through our payment processor, to charge your chosen payment method (your "Payment Method") for the then-applicable Subscription Fees.

3.3. Automatic Renewal:

• Monthly Subscriptions: Your monthly Subscription Plan will automatically renew each month for an additional one-month period unless you cancel your subscription before the end of the then-current monthly subscription period. You authorize us to charge your Payment Method for the renewal term.
• Annual Subscriptions: Your annual Subscription Plan will automatically renew each year for an additional one-year period unless you cancel your subscription before the end of the then-current annual subscription period. You authorize us to charge your Payment Method for the renewal term.
• We will send a reminder email to the email address of record for your Account before your annual subscription renews.

3.4. Fee Changes: We reserve the right to change our Subscription Plans or adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes or changes to your Subscription Plan will take effect following notice to you.

3.5. Cancellation Policy:

• You may cancel your Subscription Plan at any time through your Account settings or by contacting us.
• No Refunds: Payments are non-refundable, and there are no refunds or credits for partially used periods. Following any cancellation, you will continue to have access to the Service through the end of your current paid billing period (either monthly or annual). After your current paid billing period ends, your access to paid features will terminate.

3.6. Free Trials or Promotions: Any free trial or other promotion that provides access to a paid Subscription Plan must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period to avoid being charged the Subscription Fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact us.

4. User Content and Conduct

4.1. Definition of User Content: "User Content" means any and all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials that you upload, post, publish, display, link to, or otherwise transmit or make available through the Service, including for distribution to Third-Party Platforms.

4.2. Responsibility for User Content: You are solely responsible for all User Content that you make available through the Service. You represent and warrant that:

• You own or have all necessary licenses, rights, consents, and permissions to use and to authorize BKVSync to use, copy, distribute, perform, display, and prepare derivative works of your User Content as necessary to provide the Service and as otherwise permitted by these Terms.
• Your User Content, and its use by BKVSync and distribution to Third-Party Platforms as contemplated by these Terms, will not infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
• Your User Content does not violate Section 8 (Prohibited Activities) of these Terms.

4.3. User Conduct: You agree to use the Service in compliance with all applicable local, state, national, and international laws, rules, and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to:

• Use the Service to upload, transmit, or otherwise distribute any User Content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by us.
• Interfere with, disrupt, or damage the operation of the Service or any other user's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
• Use the Service for any illegal or unauthorized purpose.

5. License to User Content

To enable BKVSync to operate the Service and distribute your User Content to your designated Third-Party Platforms, you grant BKVSync a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers, including to Third-Party Platforms as necessary), and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely in connection with operating and providing the Service to you and for BKVSync's internal business purposes for developing and improving the Service (provided that for such internal purposes, User Content will be used in an aggregated and anonymized form where practicable).

This license ends when you delete your User Content or your Account, except to the extent your User Content has been shared with Third-Party Platforms (in which case it remains subject to their terms) or if we are required by law to retain it for a longer period, or for our internal archival, and/or audit purposes in an anonymized or aggregated manner.

6. Use of Third-Party Platforms

6.1. Connecting Accounts: The Service allows you to connect your accounts on Third-Party Platforms to your BKVSync Account. By connecting a Third-Party Platform account, you represent and warrant that you have the right to grant us access to that account and to instruct us to post User Content on your behalf.

6.2. Responsibility: You are solely responsible for complying with all terms, conditions, policies, and guidelines of any Third-Party Platform you use in connection with the Service. BKVSync is not responsible or liable for:

• The availability or accuracy of such Third-Party Platforms.
• The content, products, or services on or available from such Third-Party Platforms.
• Your compliance or non-compliance with the terms and conditions of such Third-Party Platforms.
• Any actions taken or not taken by the Third-Party Platforms, including content removal, account suspension, or termination.

6.3. Content on Third-Party Platforms: Once User Content is distributed to a Third-Party Platform, it is subject to that platform's terms of service and privacy policy. BKVSync has no control over User Content once it is posted on a Third-Party Platform.

7. BKVSync Intellectual Property

7.1. Ownership: The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by BKV PRODUCTIONS LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2. Limited License: Subject to your compliance with these Terms, BKVSync grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes in accordance with your selected Subscription Plan.

8. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping."
• Using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period by using a conventional on-line web browser.
• Transmitting spam, chain letters, or other unsolicited email.
• Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service.
• Taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
• Uploading invalid data, viruses, worms, or other software agents through the Service.
• Collecting or harvesting any personally identifiable information, including account names, from the Service.
• Using the Service for any commercial solicitation purposes not expressly permitted by the features of the Service.
• Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
• Interfering with the proper working of the Service.
• Accessing any content on the Service through any technology or means other than those provided or authorized by the Service.
• Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

9. Content Moderation, Suspension, and Termination

9.1. Content Moderation: We reserve the right, but are not obligated, to monitor, screen, edit, or remove any User Content posted on or through the Service at any time and for any reason or no reason, including User Content that we believe violates these Terms or is otherwise objectionable, without notice to you.

9.2. Suspension or Termination of Access: We may, in our sole discretion, suspend or terminate your access to all or part of the Service, or your Account, with or without notice, for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms.

9.3. Effect of Termination: Upon termination, your right to use the Service will immediately cease. If we terminate your Account for cause, you will not be eligible for any refund of Subscription Fees. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Copyright Infringement Policy (DMCA)

BKV PRODUCTIONS LLC respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA") and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the Accounts of users who are deemed to be repeat infringers.

Our designated Copyright Agent to receive DMCA Notices is:

11. Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

12. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BKV PRODUCTIONS LLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.

IN NO EVENT SHALL BKV PRODUCTIONS LLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BKV PRODUCTIONS LLC HEREUNDER IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER.

14. Indemnification

You agree to defend, indemnify, and hold harmless BKV PRODUCTIONS LLC and its officers, directors, employees, agents, affiliates, licensors, and suppliers from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right; (d) your violation of any applicable law, rule, or regulation; (e) User Content or any content that is submitted via your Account; (f) your willful misconduct; or (g) any other party's access and use of the Service with your unique username, password, or other appropriate security code.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the federal or state courts located in Denver County, Colorado, and you hereby consent to the personal jurisdiction and venue in such courts.

16. Dispute Resolution and Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

16.1. Initial Dispute Resolution: We are available by email at [email protected] to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner.

16.2. Agreement to Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms shall be finally settled by binding arbitration administered by JAMS in accordance with its Comprehensive Arbitration Rules and Procedures.

16.3. 30-Day Right to Opt-Out: You have the right to opt-out and not be bound by the arbitration provisions by sending written notice of your decision to opt-out to [email protected] within thirty (30) days of your first use of the Service.

17. Modifications to the Service and Terms

We reserve the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We may revise and update these Terms from time to time in our sole discretion. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

18. Contact Information

If you have any questions about these Terms of Service, please contact us at: