These Terms of Service ("Terms") are an agreement between you and FYProof, based in Ohio ("FYProof", "we", "us"). They cover the FYProof website, the app at fyproof.com and everything you do there (together, the "Service").
By creating an account or using the Service you agree to these Terms and to our Acceptable Use Policy, which is part of these Terms. If we offer paid plans and you buy one, our Refund Policy is part of these Terms too, and if you use a team or client workspace for a business, so is our Data Processing Addendum. Our Privacy Policy explains what we do with your information. If you don't agree, don't use the Service.
Please read section 16 carefully. It says that most disputes between you and us will be decided by an arbitrator, one person at a time, and not by a judge or jury or in a class action. You can opt out of it within 30 days (section 16.4).
1. Who can use FYProof
- Early access. For now FYProof is a free tool in early access. New accounts wait until we approve them by hand, and we may decline or delay any sign-up, or limit how many people can use the Service.
- You must be 18 or older. We ask for your month and year of birth when you sign up. If we learn that an account belongs to someone under 18, we close it and delete its content.
- You must live in the United States. For now the Service is offered only to people who live in the US (and, if we offer paid plans, they can be bought only with a US billing address). You may not use the Service if you are located in, or ordinarily resident in, a country or region under comprehensive US sanctions, or if you are on a US government list of restricted parties.
- One free account per person. You may not create extra accounts to get more free checks, or to get around a suspension. Email addresses that reach the same mailbox (for example name+1@gmail.com and name@gmail.com) count as one.
- If you use the Service for a business, you confirm that you can accept these Terms for it, and "you" includes that business.
2. Your account
Give us true information and keep it up to date. Keep your password safe and don't share your account. You are responsible for what happens under your account. Tell us at support@fyproof.com straight away if you think someone else has used it.
3. What FYProof does, and what it doesn't
FYProof looks at a video you upload, with its caption and hashtags, and estimates how likely it is to run into each social platform's published rules. It uses artificial intelligence (AI) to do this.
- A report is an AI-assisted estimate, not a guarantee. AI makes mistakes. A report can miss problems, and it can flag things that are fine. A "low risk" result does not mean a platform will accept, recommend or monetize your video.
- The platforms decide. Each platform applies its own rules, its own systems and its own judgment, and changes them often. Its decision is final as far as we are concerned.
- Not legal advice. Reports are not legal, copyright, financial or other professional advice. For those questions, talk to a qualified professional.
- Not affiliated with the platforms. FYProof is independent. We are not affiliated with, endorsed by or sponsored by TikTok, YouTube, Instagram, Facebook, Threads, X, Snapchat, Pinterest, LinkedIn or any other platform. Their names are used only to say which rules a report covers. All trademarks belong to their owners.
You decide what to post, and you are responsible for that decision.
Connected accounts. Where the Service offers it, you can connect your own YouTube, Instagram or TikTok account so the Service can read, read-only, how your posts did, or add an analytics file you downloaded from a platform. We use those numbers only to show you how your posts did next to their reports. We never post anything for you. By connecting YouTube you also agree to the YouTube Terms of Service, because the Service uses YouTube API Services. You can disconnect at any time; what we read through a connection is deleted when you do. The FYProof score is ours, not the platform's.
4. Your content
You keep ownership of the videos, captions, hashtags and other material you upload ("Your Content"). We don't claim any ownership of it.
You give us a limited license to host, store, copy, process, analyse and transmit Your Content, and to make frames, audio and transcripts from it, only to provide the Service to you: to make your report, to keep the Service safe and working (including the child-safety checks in our Acceptable Use Policy), to answer your support requests and to comply with the law. The license is non-exclusive, royalty-free and worldwide (because the internet is), and we can't sell it or pass it on except to the service providers described next. It includes passing Your Content to the service providers that help us run the Service, such as our hosting company and the AI and speech-to-text companies listed on our Subprocessors page. About the AI and speech-to-text companies: They process it only to produce your report, under their API terms for business customers, which don't let them use your content to train their AI models or to improve their products. Some keep data for a short time to monitor for abuse or meet legal duties, as their own terms describe. We don't sell Your Content and we don't use it to train AI models ourselves.
The license ends when Your Content is deleted, except for copies that remain for a limited time in backups (up to 30 days) or that we must keep by law. How long we keep each kind of data is in the Privacy Policy. Uploaded videos are deleted 72 hours after the check.
You promise that you own Your Content or have every right and permission needed to upload it and to give us this license, and that uploading it doesn't break any law or anyone's rights, including privacy and publicity rights of people who appear in it.
Teams and client workspaces (if offered)
If we offer teams, you can work with other people in a team. A team has an owner, and the owner can add people as admins, members or viewers, and make a workspace for each of the team's clients.
- What you add to a team belongs to the team's workspace. Everyone in the team can see its videos, reports and the numbers of its connected accounts, according to their role; a client's viewers can see that client's reports. If you leave a team, or delete your account, the videos you added to a team stay with the team, and its owner becomes responsible for them.
- The team's owner is responsible for the team: for the people it lets in, for any plan and payments, and for deleting the team and everything in it. Deleting a team deletes everything in it and ends any team plan at once, without a refund.
- Client content. If you upload a client's videos or connect a client's accounts, you promise that the client allowed it, and the promises in this section apply to that content too. You are responsible to your client for how your team uses their content.
- Data processing. When a team or client workspace holds personal information that you handle for your business or for a client, our Data Processing Addendum applies to that information and is part of these Terms. You are responsible for having whatever agreements, notices and permissions the law requires with your clients and with the people in their videos, including, where a client's law requires it, a data processing agreement that allows you to use FYProof as your service provider.
5. Acceptable use
You must follow our Acceptable Use Policy. In short: nothing illegal, no child sexual abuse material (we report it to the National Center for Missing & Exploited Children), no intimate images of anyone without their consent, nothing you don't have the rights to, and no misuse of the Service itself (scraping, reselling, reverse engineering, extra free accounts, attacks).
6. Copyright complaints
We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act. See our Copyright (DMCA) Policy. We close the accounts of repeat infringers.
7. The free service
- We pay for the free checks. FYProof is free to use for now. Each account gets a limited number of checks, which renews on a schedule (for example, a set number each month or each day). The current number, the longest video and how many platforms a check covers are shown in the app.
- No guarantee of availability. We may pause checks when the Service is busy or when a daily limit for the whole Service is reached, and checks may take a while. We don't promise that a check will be available at any particular time.
- Fair use. Your account is for your own use. We may set or lower daily and monthly limits, refuse or stop checks, or close accounts to prevent abuse, such as extra accounts, automated uploads or attempts to get around limits.
- We can change or end it. We may change what the free service includes, or end it, at any time. If we end it or cut its allowance, we will tell you by email or in the app at least 14 days before. Reports you already have stay available until you delete them or your account.
- What a check is. One check covers one video up to 3 minutes long, against the platforms the Service allows. A longer video may use one check for each 3 minutes started. "Check again" uses a check. Checks that fail because of a problem on our side are given back automatically. Unused checks don't carry over.
8. Paid plans (if we offer them later)
Nothing is sold on FYProof right now. We may offer paid plans or check packs later. If we do:
- Before you buy, we will show the price, what you get, whether and how often it renews, and how to cancel, and you will get a confirmation by email. The free service may continue alongside paid plans, with fewer checks or a lower place in the queue than paid plans.
- Subscriptions renew automatically until you cancel. You can cancel online from your account page at any time and keep the plan until the end of the period you paid for. We remind you before an annual plan renews, and we tell you by email at least 30 days before a price change applies to you.
- Payments are handled by our payment provider (Stripe and its Link service), which may act as the seller of record and may appear on your statement; its own terms apply to the payment. Prices don't include sales tax unless shown.
- Refunds follow our Refund Policy, which will set out the rules before anything is sold. If you open a chargeback or payment dispute, we may pause checking new videos on your account until it is resolved.
9. Changes to the Service; no uptime promise
We are constantly improving the Service, and we may add, change or remove features. We don't promise that the Service will always be available, uninterrupted, on time or error-free. It may be down for maintenance or for reasons outside our control. If we stop offering the Service altogether, we will tell you at least 30 days in advance where we reasonably can, so you can download your data, and refund any prepaid fees for the unused part of a paid period.
10. Suspension and closing accounts
You can delete your account at any time from your account page. Deleting it cancels any paid plan at once.
We may suspend or close your account, or refuse a check, if you break these Terms or the Acceptable Use Policy, if we must to comply with the law, or to protect the Service, other users or the public. Where it is appropriate and lawful, we tell you why and how to ask us to look again. We may also close an account on the free service after 24 months without a sign-in, after warning you by email 30 days before. Sections 4 (your promises), 10, 11, 12, 13, 14, 15, 16 and 18 continue after an account is closed.
11. Feedback
If you send us ideas or suggestions about the Service, we may use them without owing you anything. This doesn't give us any rights in Your Content.
12. Disclaimers
The Service and every report are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We don't warrant that any report is correct or complete, or that following it will avoid removal, restrictions, strikes, lost reach or lost income on any platform.
13. Limitation of liability
To the fullest extent the law allows:
- We are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, followers, reach, data or goodwill, arising from or related to the Service or these Terms, even if we were told they were possible.
- Our total liability for all claims arising from or related to the Service or these Terms is limited to the greater of (a) the amount you paid us in the 12 months before the event that gave rise to the claim, or (b) US $50.
These limits don't apply to liability that the law doesn't allow to be limited, such as liability for fraud, or for our gross negligence or willful misconduct. Some states don't allow some of these limits; where they don't, they apply only as far as the law allows.
14. Indemnity
To the extent the law allows, you agree to defend, indemnify and hold harmless FYProof and its owners, employees and agents from any claims by third parties, and the losses, damages, liabilities and costs (including reasonable attorneys' fees) that result, that arise from Your Content, your use of the Service, or your breach of these Terms or of anyone's rights. This doesn't apply to the extent a claim is caused by our own breach of these Terms, negligence or willful misconduct. We will tell you promptly about a claim, and you may control its defense with a lawyer we reasonably accept; you may not settle it in a way that makes us admit fault or pay without our consent.
15. Governing law and courts
These Terms, and any dispute between you and us, are governed by the laws of the State of Ohio and the federal laws of the United States, without regard to conflict-of-law rules. The Federal Arbitration Act governs section 16. If you are a consumer, this doesn't take away any protection of the law of the state where you live that can't be waived by agreement.
Any dispute that is not decided in arbitration under section 16 (for example, if you opted out, or a claim section 16 leaves to the courts) will be brought only in the state courts of Ohio or the federal courts located in Ohio, and you and we consent to their jurisdiction. This doesn't stop either of us from using small-claims court as section 16.3 allows.
16. Arbitration and class-action waiver
16.1 Try to resolve it informally first
Most problems can be fixed with an email to support@fyproof.com. If that doesn't work, the person or business with a claim must first send the other a written Notice of Dispute: you send yours by email to legal@fyproof.com, and we send ours to the email address on your account. A Notice of Dispute must give the name of the person or business making the claim, the email address of the account involved, what the claim is about and the facts behind it, and what you or we want. Yours must be signed by you personally (typing your full name is enough), and by your lawyer too if you have one, so that we know the claim is really yours.
For 60 days after the Notice of Dispute is received, we will both try in good faith to resolve the dispute. If either of us asks within that time, we will talk by phone or video call, individually (your lawyer can join). While this step runs, the time limits for bringing the claim and any fee deadlines stop running. Neither of us may start an arbitration or a small-claims case before this step is over, and an arbitrator or court may pause a case started too early.
16.2 Arbitration
If the dispute isn't resolved within those 60 days, you and we agree to resolve any dispute, claim or controversy between us that arises from or relates to these Terms, the Service, or your relationship with us ("Claim") by binding individual arbitration, not in court. That includes Claims based on contract, tort, statute, fraud or any other legal theory, and Claims that arose before you accepted this section, except a Claim already filed in court before then. There is no judge or jury in arbitration, and review by a court is limited. The arbitrator can award the same individual relief that a court could, and must follow these Terms.
- Rules. The American Arbitration Association ("AAA") runs the arbitration under its Consumer Arbitration Rules (and, where section 16.6 applies, its Mass Arbitration Supplementary Rules), as changed by this section. If this section and the rules conflict, this section wins. If the AAA can't or won't handle the arbitration, we will agree on another arbitration provider, or a court will appoint an arbitrator.
- Who decides what. The arbitrator decides every issue, including whether a Claim must be arbitrated, except that a court decides: whether the class-action waiver in section 16.5 or the batching in section 16.6 can be enforced and how it applies; whether a Claim belongs in small-claims court or in court under section 16.3; whether someone opted out under section 16.4; and any request for public injunctive relief under section 16.5.
- Where and how. If the Claim is for US $25,000 or less, it will be decided on written submissions unless you ask for a hearing or the arbitrator decides one is needed. Any hearing will be by video or phone, or in person in the county where you live if you prefer.
- Fees. The AAA's consumer fee schedule decides who pays its fees, and under it we pay most of them. If you start an arbitration for a Claim of US $10,000 or less, we will also pay back your filing fee, unless the arbitrator finds the Claim frivolous or brought for an improper purpose. Each side pays its own lawyers unless the law or the arbitrator's award says otherwise. We won't ask for our lawyers' fees from you unless the arbitrator finds your Claim frivolous.
- The decision. The arbitrator gives a written decision that explains the main reasons for it. Any court with jurisdiction may enter judgment on it. The decision resolves only the Claims of the people who were parties to that arbitration.
16.3 What isn't arbitrated
- Small claims. Either of us may bring an individual Claim in small-claims court in the county where you live or in Ohio, if it qualifies and stays there as an individual case.
- Intellectual property and misuse. Either of us may go to court to stop the infringement or misuse of their copyrights, trademarks, trade secrets or other intellectual property, or (for us) to stop unauthorized access to or attacks on the Service.
- Claims the law doesn't allow to be arbitrated under an agreement like this one.
16.4 You can opt out within 30 days
You can opt out of this section 16 by emailing legal@fyproof.com from the email address on your account within 30 days after you first accept a version of these Terms that includes this section 16. Say that you opt out of arbitration and give your name and your account's email address. Opting out doesn't affect anything else in these Terms, and it applies to later versions too unless you agree otherwise in writing. If you opt out, disputes go to the courts named in section 15. An opt-out must be made by you (or your lawyer, for you alone); it can't be made for a group of people.
16.5 No class actions
You and we may bring Claims against each other only individually, not as a plaintiff or class member in any class, collective, consolidated, private attorney general or other representative proceeding, in arbitration or in court. The arbitrator may not combine more than one person's Claims (except for administration under section 16.6) and may award relief only to the individual party and only as far as needed for that party's own Claim.
If a Claim asks for public injunctive relief (an order that protects the public in general) and a court decides that the law doesn't allow that relief to be waived or decided in arbitration, then that request is decided by the court after the arbitration of everything else has ended, and the court case waits until then.
If a court decides, after any appeals, that this section 16.5 can't be enforced for a particular Claim or form of relief, then that Claim or relief (and only it) is removed from arbitration and decided in the courts named in section 15. Everything else is still arbitrated. Nothing in this section stops you from taking part in a class-wide settlement.
16.6 Many similar claims at once
If 25 or more demands for arbitration that raise substantially similar Claims are filed by or against us within 180 days of each other, with the help of the same or coordinated lawyers or organizations:
- The AAA's Mass Arbitration Supplementary Rules and mass-arbitration fee schedule apply, as changed by this section.
- The demands are handled in batches of up to 100, with any remainder in a last batch. Each batch goes to one arbitrator and pays one set of AAA fees, and all batches go forward at the same time unless both sides agree otherwise. This is not a class action: the arbitrator decides each person's Claim on its own facts, gives each person an individual award, and no one gets relief for anyone else.
- The time limits for bringing each Claim stop running from the date its Notice of Dispute was sent until its arbitration ends.
- A court decides any dispute about whether this section 16.6 applies or can be enforced. If a court decides it can't be enforced, the demands go forward in individual arbitration under the AAA's rules without batching.
16.7 If we change this section
If we change this section 16 after you have accepted it (other than our contact details), you can reject the change by emailing legal@fyproof.com within 30 days after the new version takes effect. Then the version you last accepted continues to apply to disputes between you and us.
16.8 If this section can't be enforced
Section 16 continues after your account is closed. If a court decides that the agreement to arbitrate in this section can't be enforced at all, disputes between you and us go to the courts named in section 15 (and section 16.5 still applies as far as the law allows).
17. Changes to these Terms
We may update these Terms. Each version has a version number and effective date at the top. If we make a material change, we will tell you by email or in the app before it takes effect, and you will be asked to accept the new version the next time you use the Service. If you don't accept it, you can stop using the Service and delete your account; you can still download or delete your data. Other changes take effect when posted. Section 16.7 says how changes to the arbitration section work.
18. Everything else
- Whole agreement. These Terms (with the policies they link to) are the whole agreement between you and us about the Service. If any part can't be enforced, the rest stays in effect (section 16.5 has its own rule). If we don't enforce a part, that isn't a waiver.
- Transfer. You may not transfer these Terms without our written consent. We may transfer them to a company that we form or control to run the Service, or as part of a merger, acquisition or sale of the Service, and we will tell you if we do.
- Events outside our control. Neither of us is responsible for delays or failures caused by events outside reasonable control, such as outages of the internet or of our service providers, natural disasters or government action.
- Export rules. You may not use or export the Service in breach of US export control and sanctions laws.
- Emails from us. You agree that we may send you notices about your account and these Terms by email to the address on your account, or show them in the app, and that these count as "in writing".
- No third-party rights. These Terms don't give rights to anyone except you and us.
- Headings and examples are for convenience; "including" and "for example" don't limit what comes before them.
19. Contact
Questions about these Terms: support@fyproof.com or legal@fyproof.com. We handle all contact by email. Notices to us under these Terms must be sent to legal@fyproof.com.