Terms of Service

1. Agreement to Terms

Welcome to CommentFirst ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, services, and applications (collectively, the "Service").

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

Important: These Terms contain an arbitration clause and class action waiver that affect your rights. Please read them carefully.

2. Eligibility

You must meet the following requirements to use our Service:

• You must be at least 13 years old (or the age of digital consent in your jurisdiction)
• You must have a valid Google account
• You must have a YouTube channel
• You must comply with all applicable laws and regulations
• You must not be prohibited from using the Service under applicable law

By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

To use certain features of our Service, you must register for an account. When you register:

• You must provide accurate, complete, and current information
• You must maintain and promptly update your account information
• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account

3.2 Account Security

You must immediately notify us of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 One Account Per User

Each user may maintain only one account. Creating multiple accounts to circumvent restrictions or gain unfair advantages is prohibited and may result in termination of all your accounts.

4. Service Description

CommentFirst provides an automated YouTube comment management service that allows you to:

• Monitor comments on your own YouTube videos
• Create automated response templates for viewer comments
• Automatically reply to comments on your videos on your behalf
• Track engagement metrics and comment analytics
• Manage your audience engagement strategy

Important: Our Service is designed exclusively for managing engagement on your own YouTube channel and videos. You cannot use our Service to interact with other creators' channels or videos.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

5. YouTube API Services and Compliance

5.1 YouTube Terms

Our Service uses YouTube API Services. By using our Service, you agree to be bound by the YouTube Terms of Service and Google Privacy Policy.

5.2 YouTube Data Usage

You acknowledge and agree that:

• We access your YouTube data only with your explicit authorization
• You can revoke our access at any time through Google Account Permissions
• Our use of YouTube data is limited to providing automated comment management on your own videos
• You are responsible for the content of automated responses posted through our Service
• You own and control your YouTube channel and all content posted through our Service

5.3 Compliance with YouTube Policies

You must comply with all YouTube policies, including but not limited to:

• YouTube Community Guidelines
• YouTube Terms of Service
• YouTube API Services Terms of Service
• Prohibition on spam, deceptive practices, and harassment

6. Acceptable Use Policy

6.1 Prohibited Activities

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any laws
• Post spam, harassment, hate speech, or inappropriate content
• Violate YouTube's Community Guidelines or Terms of Service
• Impersonate any person or entity
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use automated tools to scrape or data mine the Service
• Interfere with or disrupt the Service or servers
• Transmit viruses, malware, or other harmful code
• Resell, redistribute, or sublicense the Service without permission
• Use the Service to interact with YouTube videos or channels that are not your own
• Create fake engagement or artificial inflation of metrics on other creators' content
• Use the Service to manipulate YouTube's algorithms in a deceptive manner

6.2 Content Responsibility

You are solely responsible for:

• All automated responses and content posted through our Service
• Ensuring your content complies with all applicable laws
• Obtaining necessary permissions for any third-party content
• Any consequences resulting from your content
• Ensuring your response templates are appropriate and compliant with YouTube policies
• Monitoring the quality and relevance of automated responses

6.3 Enforcement

We reserve the right to:

• Monitor your use of the Service for compliance
• Remove or disable access to content that violates these Terms
• Suspend or terminate your account for violations
• Report illegal activities to law enforcement

7. Subscription and Payment Terms

7.1 Subscription Plans

We offer various subscription plans with different features and limits. Current pricing and plan details are available on our pricing page.

7.2 Billing

• Subscriptions are billed on a recurring monthly basis
• You authorize us to charge your payment method for all fees
• Prices are subject to change with 30 days' notice
• All fees are non-refundable except as required by law
• Payment processing is handled by Stripe

7.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period. You will retain access to paid features until the end of the billing period.

7.4 Free Trial

We may offer free trial periods. When the trial ends, you will be charged unless you cancel before the trial period expires. We reserve the right to modify or terminate free trial offers at any time.

7.5 Refunds

Refunds are provided at our sole discretion. To request a refund, contact us at firstcomment358@gmail.com within 14 days of your purchase.

8. Intellectual Property Rights

8.1 Our Property

The Service, including all content, features, functionality, software, code, designs, graphics, logos, and trademarks, is owned by CommentFirst and is protected by intellectual property laws. You may not:

• Copy, modify, distribute, or create derivative works
• Reverse engineer or attempt to extract source code
• Remove any proprietary notices or labels
• Use our trademarks without written permission

8.2 Your Content

You retain ownership of content you create or post through the Service. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to:

• Use, reproduce, and display your content to provide the Service
• Store and process your content on our servers
• Make your content available on YouTube as requested by you

This license ends when you delete your content or account, except where we are required to retain it by law.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service become our property. We may use this feedback without any obligation to you.

9. Third-Party Services and Links

Our Service integrates with third-party services including:

• Google/YouTube
• Stripe (payment processing)
• Vercel (hosting)
• Supabase (database)

We are not responsible for the availability, content, or practices of third-party services. Your use of third-party services is subject to their respective terms and policies. We do not endorse or assume responsibility for third-party services.

10. Disclaimers and Warranties

We specifically disclaim all warranties including:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or availability of the Service
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the results or outcomes from using the Service

We do not guarantee that:

• Your automated responses will be successfully posted to YouTube
• Your YouTube channel will grow or gain increased engagement
• The Service will meet your specific requirements
• Any errors or defects will be corrected
• Automated responses will always be contextually appropriate

11. Limitation of Liability

Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

We are not liable for:

• Actions or content of third parties (including YouTube)
• Suspension or termination of your YouTube account
• Changes to YouTube's API or policies
• Loss of data or business opportunities
• Failure to meet your growth expectations

12. Indemnification

You agree to indemnify, defend, and hold harmless CommentFirst, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including YouTube's terms
• Content you post through the Service
• Any claim that your content caused damage to a third party

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Contacting us at firstcomment358@gmail.com

13.2 Termination by Us

We may suspend or terminate your access to the Service:

• For violation of these Terms
• For non-payment of fees
• If we reasonably believe your activity harms us or other users
• If required by law or court order
• At our discretion, with or without notice

13.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and data
• You remain liable for any outstanding fees
• Provisions that should survive termination will continue to apply

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before filing a claim, you agree to contact us at firstcomment358@gmail.com to attempt to resolve the dispute informally.

14.2 Binding Arbitration

If we cannot resolve the dispute informally, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration in accordance with the applicable arbitration rules. The arbitration shall take place in a mutually agreed location. Judgment on the arbitration award may be entered in any court having jurisdiction.

14.3 Class Action Waiver

14.4 Exceptions

Either party may seek equitable relief in court for infringement or misuse of intellectual property rights.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where CommentFirst is established, without regard to its conflict of law provisions.

You agree to submit to the personal jurisdiction of the courts located in that jurisdiction for any actions not subject to arbitration.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page
• Updating the "Last updated" date
• Sending you an email notification (for significant changes)
• Displaying a notice on the Service

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and CommentFirst regarding the Service.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

17.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, wars, terrorism, riots, or failures of third-party services.

17.6 Survival

The following sections shall survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

18. Contact Information

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

19. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.