These Terms of Use constitute a legally binding agreement between SocialVibe OÜ, a company incorporated and registered in Estonia with registry code 17350611 and registered address at Harju maakond, Tallinn, Lasnamäe linnaosa, Tähesaju tee 21-114, 13917, Estonia (referred to as "Trendy", "we", "us", or "our"), and you as a user of our Services (referred to as "you" or "User").

1. DEFINITIONS AND SCOPE

"Services" means the services that you access or purchase through our website or mobile applications associated with AI-powered social media analytics, trend identification, content recommendation, and related features provided through our platform.

"User" means any individual who downloads, installs, accesses, or uses our Services, whether as an anonymous user or through an authenticated account.

"Account" means your registered user profile that enables access to our Services, whether maintained under our free tier or any premium subscription plan.

"Content" encompasses all information, data, text, images, videos, audio, hashtags, captions, and other materials that you provide to our Services or that we generate for you through our AI systems.

"User Content" specifically refers to your social media profiles, posts, and associated data that you authorise us to access and analyse through our Services.

"AI-Generated Content" means recommendations, suggestions, captions, hashtags, content ideas, and other materials created by our artificial intelligence systems based on your User Content and trending data analysis.

“Website” means https://heytrendy.app/.

These Terms of Use govern your access to and use of our Services. By creating an Account, accessing our mobile application, or using any aspect of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use in their entirety. If you do not agree with any provision contained herein, you must immediately cease using our Services and delete the application from your device.

2. SERVICE DESCRIPTION

Trendy operates as an AI-powered social media analytics and strategy platform designed to assist content creators, influencers, social media managers, and agencies in optimising their social media presence across various platforms, particularly TikTok and Instagram.

Our Services include comprehensive profile analysis whereby we examine your connected social media accounts to identify performance patterns, engagement metrics, audience behaviour, and content effectiveness. Through our trend monitoring capabilities, we continuously analyse publicly available social media data to identify emerging topics, popular hashtags, trending audio elements, and successful content formats relevant to your specific niche and audience demographics.

Our AI-powered content generation features provide personalised recommendations for post ideas, captions, hashtags, and optimal posting schedules based on your historical performance data and current market trends. Additionally, our performance prediction algorithms estimate potential engagement levels for proposed content before publication, enabling you to refine your strategy for maximum impact.

We offer our Services through both free and premium subscription tiers, with enhanced features, increased processing capacity, and advanced analytics available to premium subscribers. The specific features available under each tier are detailed within our mobile application and may be modified from time to time at our discretion.

Important Service Limitations: Our Services depend fundamentally upon accessing and analysing social media platforms that operate independently of our control. Changes to these platforms' terms of service, API limitations, anti-scraping measures, or technical modifications may affect our ability to provide certain features or maintain historical levels of service quality. We commit to adapting our Services to accommodate such changes where technically feasible and will notify users of material changes that affect functionality, though we cannot guarantee uninterrupted access to all features across all supported platforms.

3. USER ELIGIBILITY AND AUTHENTICATION

Use of our Services requires that you be at least eighteen (18) years of age and possess the legal capacity to enter into binding agreements under the laws of your jurisdiction.

Business entities may use our services provided that the individual completing registration has authority to bind the entity to these Terms of Use, which is presumed in case of dispute.

Account creation requires authentication through supported methods, primarily Apple ID integration, though we may introduce additional authentication options. You must provide accurate and complete information during registration and maintain the currency of your account details throughout your use of our Services.

Upon registration, you assume full responsibility for maintaining the confidentiality of your authentication credentials and for all activities that occur under your Account. You must immediately notify us of any suspected unauthorised access or security breach affecting your Account. We reserve the right to suspend or terminate Accounts where we reasonably believe unauthorised access has occurred or where account security has been compromised.

You may use our Services without account registration, however you remain bound by these Terms of Use and must comply with all applicable laws and prohibited use provisions. Anonymous usage may be subject to enhanced limitations regarding feature access, usage frequency, and data processing capabilities.

You may maintain only one Account per individual or business entity. Creating multiple Accounts to circumvent usage limitations, access restrictions, or subscription requirements constitutes a material breach of these Terms of Use and may result in immediate termination of all associated Accounts.

4. SUBSCRIPTION SERVICES AND PAYMENT

Our Services operate on a freemium model whereby basic functionality is available without charge, whilst enhanced features require a premium subscription. Subscription fees are charged on a recurring basis according to the billing cycle you select during subscription activation, whether monthly or annually.

All subscription fees are stated in Euros, USD or other currency depending on your region, and charged in advance for each billing period. Payment processing is handled through secure third-party payment processors, and by subscribing to premium features, you authorise us to charge your designated payment method for all applicable fees, including any applicable value-added or other taxes.

Premium subscriptions continue indefinitely until cancelled by you or terminated by us in accordance with these Terms of Use. You may cancel your subscription at any time through your Account settings or by contacting our customer support team. Cancellation takes effect at the end of your current billing period, after which your Account will revert to our free tier with corresponding feature limitations.

We do not provide refunds for partial billing periods, early cancellation, or dissatisfaction with premium features. However, your rights under applicable consumer protection laws, including any statutory withdrawal rights, remain unaffected by these Terms.

We reserve the right to modify subscription pricing with thirty (30) days' advance notice provided through our website, or email, or in-application notifications. Price changes affect only subsequent billing periods and do not apply to pre-paid subscription terms already in progress.

5. PROHIBITED USES AND USER CONDUCT

Your use of our Services must comply with all applicable laws, regulations, and these Terms of Use. You are strictly prohibited from engaging in any activity that violates intellectual property rights, infringes upon third-party privacy rights, or contravenes platform-specific terms of service for social media networks that you connect to our Services.

Prohibited uses include but are not limited to use of our Services for:

illegal activities,
creating or distributing harmful, misleading, or deceptive content,
violating third-party intellectual property rights,
discriminatory practices based on protected characteristics,
surveillance or privacy violations,
creating deepfakes or other manipulated media without proper disclosure,
surveillance,
social scoring,
unlawful profiling,
automated decision-making without human oversight when required by law, or
any other use that violates applicable laws, regulations, or industry standards as provided.

You shall not attempt to reverse engineer, decompile, disassemble, or otherwise derive source code from our mobile application or underlying systems. Any effort to circumvent usage limitations, access controls, security measures, or premium subscription requirements through technical manipulation, automated systems, or fraudulent means is expressly forbidden and may result in immediate Account termination and potential legal action.

The creation, distribution, or promotion of content that is defamatory, obscene, threatening, harassing, discriminatory, or otherwise objectionable is prohibited when using our Services. This prohibition extends to AI-Generated Content that you request from our systems, and you must not use our Services to generate recommendations for content that violates applicable laws or social media platform community guidelines.

You are forbidden from using our Services for any commercial purpose that competes directly with our business model, including but not limited to reselling our analytics, redistributing our trend insights to third parties, or incorporating our AI-Generated Content into competing social media management platforms. Additionally, you shall not use our Services to collect data about other users or to monitor competitors in violation of applicable privacy laws or platform terms of service.

Any attempt to overload our systems through excessive requests, automated scraping of our interfaces, or coordinated attacks designed to impair service availability is strictly prohibited. You must not share your Account credentials with unauthorised parties or permit access to our Services by individuals or entities that would not qualify for Account registration under these Terms of Use.

User Indemnification Obligation: You agree to indemnify, defend, and hold harmless Trendy, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising from or relating to your violation of these prohibited use provisions, your breach of these Terms of Use, your use of our Services in violation of applicable laws, your infringement of third-party intellectual property rights, or any content you create, publish, or distribute using our AI-Generated Content or recommendations.

This indemnification obligation survives termination of these Terms of Use and applies regardless of whether such violations were intentional or negligent. You acknowledge that your indemnification duty encompasses defending us against regulatory investigations, platform disputes, and third-party legal actions that result from your prohibited conduct or misuse of our Services.

6. INTELLECTUAL PROPERTY RIGHTS

Trendy retains all intellectual property rights in our Services, including our mobile application, AI algorithms, trend analysis methodologies, user interface designs, and proprietary analytics systems. These rights are protected by copyright, trademark, patent, and trade secret laws, and no rights are granted to you except as expressly provided in these Terms of Use.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use our Services solely for your personal or business social media management purposes. This licence does not permit redistribution, modification, public display, or commercial exploitation of our Services beyond their intended functionality.

Regarding AI-Generated Content that our systems create specifically for your Account, you receive a non-exclusive licence to use such content for your social media activities. However, you acknowledge that similar or identical recommendations may be generated for other users based on comparable input data and trending patterns. We retain the right to use anonymised derivatives of AI-Generated Content for improving our algorithms and training our systems.

Your User Content remains your property, though by connecting your social media accounts to our Services, you grant us a limited licence to access, analyse, and process such content for the purposes of providing our analytics and recommendation services. This licence terminates when you disconnect your accounts or delete your Account, though anonymised analytical insights derived from your User Content may be retained for system improvement purposes.

You must not use our Services to infringe upon third-party intellectual property rights, and you warrant that your User Content and your use of our AI-Generated Content comply with all applicable intellectual property laws. We reserve the right to remove or disable access to any content that we believe infringes third-party rights, though we have no obligation to monitor or police your content usage.

7. DATA PROCESSING AND PRIVACY

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which forms an integral part of your contractual relationship with us. By agreeing to these Terms of Use, you acknowledge that you have reviewed and consent to the data processing practices described in our Privacy Policy.

You understand that our Services require access to your social media profiles and publicly available content from various platforms to provide trend analysis and personalised recommendations. By connecting your social media accounts, you authorise us to collect and process information from these accounts in accordance with our Privacy Policy and the permissions you grant through each platform's authorisation process.

We process both your personal information and publicly available social media content from third parties to identify trends, develop our AI algorithms, and provide industry insights. Our legal basis for such processing includes contract performance, legitimate interests, and where required, your explicit consent.

You retain control over your connected accounts and may revoke our access at any time through your Account settings or by disconnecting accounts directly through the relevant social media platforms. Upon Account deletion, we will process your personal information in accordance with our Privacy Policy data retention provisions.

For content creators whose publicly available social media content we analyse for trend identification purposes, we provide opt-out mechanisms as detailed in our Privacy Policy. If you discover that your content is being processed and wish to be excluded from our systems, please contact us using the procedures outlined in our Privacy Policy.

8. SERVICE AVAILABILITY AND MODIFICATIONS

We provide our Services on an "as available" basis and do not guarantee uninterrupted access, error-free operation, or immunity from security threats. Service availability may be affected by factors beyond our control, including social media platform changes, internet connectivity issues, third-party service provider limitations, and necessary maintenance activities.

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice, though we will endeavour to provide reasonable advance notification of material changes that significantly affect functionality. Such modifications may be necessary to comply with legal requirements, respond to security threats, accommodate third-party platform changes, or implement technical improvements.

Scheduled maintenance activities will be conducted during off-peak hours where possible, and we will provide advance notice through our application or website when feasible. Emergency maintenance or security updates may require immediate implementation without prior notification.

We make no warranties regarding the accuracy, completeness, or reliability of AI-Generated Content, trend predictions, or performance analytics. Our recommendations are based on historical data analysis and algorithmic processing, which may not account for unprecedented events, algorithm changes on social media platforms, or unique circumstances affecting content performance.

9. LIMITATION OF LIABILITY AND DISCLAIMERS

To the fullest extent permitted by applicable law, Trendy disclaims all warranties, express or implied, regarding our Services, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that our Services will meet your specific requirements, operate without interruption, or be free from errors or security vulnerabilities.

Our total liability to you for any claims arising from or relating to these Terms of Use or your use of our Services shall not exceed the total subscription fees you have paid to us during the twelve months immediately preceding the event giving rise to liability. This limitation applies regardless of the legal theory upon which your claim is based, whether contract, tort, negligence, strict liability, or otherwise.

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, business opportunities, data, or goodwill, even if we have been advised of the possibility of such damages. This limitation applies particularly to any business losses resulting from reliance upon AI-Generated Content, trend predictions, or social media strategy recommendations.

You acknowledge that social media success depends upon numerous factors beyond our control, including content quality, audience preferences, platform algorithm changes, market conditions, and competitive dynamics. We make no guarantees regarding follower growth, engagement rates, viral content success, or any specific outcomes from implementing our recommendations.

Where applicable law prohibits the exclusion or limitation of certain warranties or damages, our liability shall be limited to the greatest extent permitted by such law, and any warranties shall be limited to the shortest duration permitted by applicable law.

10. TERMINATION

Either party may terminate these Terms of Use at any time for any reason. You may terminate by deleting your Account through our application settings or by ceasing to use our Services. We may terminate or suspend your access immediately without prior notice if you breach these Terms of Use, engage in prohibited conduct, or if continued provision of Services becomes legally problematic or commercially impractical.

Upon termination, your right to access and use our Services immediately ceases, though certain provisions of these Terms of Use continue to apply, including intellectual property rights, indemnification obligations, limitation of liability, and dispute resolution procedures.

We will process your personal information following termination in accordance with our Privacy Policy, including data retention periods and deletion procedures. Any outstanding subscription fees become immediately due upon termination for cause, whilst prepaid fees for future service periods are subject to our refund policy as stated herein.

You remain responsible for any content you have published using our AI-Generated Content and for any obligations that arose during your use of our Services, including compliance with third-party platform terms and any indemnification duties under these Terms of Use.

11. DISPUTE RESOLUTION

These Terms of Use are governed by Estonian law, and any disputes arising from or relating to these Terms or our Services shall be subject to the exclusive jurisdiction of the Estonian courts.

Before initiating formal legal proceedings, we encourage you to contact our customer support team to resolve disputes through direct communication. Many concerns can be addressed efficiently through our internal resolution procedures.

If you are a consumer residing in the European Union, you may be entitled to use the European Commission's Online Dispute Resolution platform, which provides access to certified alternative dispute resolution providers. Information about this platform is available at http://ec.europa.eu/consumers/odr/.

If you are a consumer nothing in these Terms of Use restricts your right to bring proceedings in the courts of your country of residence and such proceedings relate to these Terms of Use or our Services. Additionally, if we wish to enforce these Terms of Use against you as a consumer, we may only do so in the courts of your country of residence.

For business users, all disputes controversy or claim arising out of or in connection with these Terms shall be finally resolved exclusively by the Arbitration Court of the Estonian Chamber of Commerce and Industry in accordance with its rules by one (1) arbitrator, the language of the arbitral proceedings shall be English, the seat of arbitration shall be Estonia. Special rules of expedited proceedings shall be applicable. You waive any objection to the jurisdiction or venue of such courts.

12. GENERAL PROVISIONS

These Terms of Use constitute the complete agreement between you and Trendy regarding your use of our Services and supersede all prior agreements, understandings, and communications relating to the subject matter herein. No modification of these Terms shall be effective unless agreed to in writing by both parties, except that we may unilaterally modify these Terms by providing notice as described below.

We may update these Terms of Use from time to time to reflect changes in our Services, legal requirements, or business practices. Material changes will be communicated through email notification and prominent notice within our application at least thirty days before taking effect. Your continued use of our Services after such notice constitutes acceptance of the modified Terms.

If any provision of these Terms of Use is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it enforceable whilst preserving its original intent.

Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of such provision or our right to enforce it in the future. No waiver shall be effective unless made in writing and signed by an authorised representative of Trendy.

These Terms of Use are binding upon your heirs, successors, and permitted assigns. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, whilst we may assign these Terms in connection with any merger, acquisition, or sale of assets.

All notices required under these Terms of Use shall be delivered via email to the address associated with your Account or through notice within our Services. You agree to maintain current contact information to ensure receipt of important communications.