Terms of Service

Last Updated: March 20, 2024

Effective Date: March 20, 2024

Version: 1.0

1. Parties & Definitions

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between:

Manimau Studios Pte Ltd

A private limited company incorporated in Singapore, hereinafter referred to as "Company," "we," "us," or "our."

And

You ("User," "Subscriber," or "Licensee")

Any individual or entity accessing, downloading, installing, or using the Tako mobile application, website, or related services.

IMPORTANT: By accessing or using Tako, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately cease all use of the Service.

2. Independent Third-Party Status & TikTok Disclaimer

CRITICAL LEGAL ACKNOWLEDGMENT

Tako is an independent application developed and operated solely by Manimau Studios Pte Ltd. We explicitly declare and you acknowledge that:

  • Tako is NOT affiliated with, endorsed by, sponsored by, approved by, or officially connected with TikTok, ByteDance Ltd., or any of their respective subsidiaries, affiliates, officers, directors, employees, agents, partners, or licensors
  • The TikTok name, logo, trademarks, service marks, trade names, and other intellectual property are the sole property of ByteDance Ltd. and/or its affiliates
  • We make no claim to any TikTok intellectual property rights
  • Any reference to TikTok is for descriptive and identification purposes only, constituting nominative fair use under trademark law
  • We are not responsible for TikTok's platform changes, API modifications, content availability, or any actions taken by ByteDance Ltd.
  • Users must comply with TikTok's Terms of Service and Community Guidelines independently of this Agreement

Trademark Notice

TIKTOK and the TikTok logo are registered trademarks of ByteDance Ltd. All other trademarks, service marks, and trade names referenced in the Service are the property of their respective owners. Use of these marks does not imply any affiliation with or endorsement by their respective holders.

3. Service Description & Scope

Tako provides a software-as-a-service (SaaS) platform that enables users to:

  • Input URLs of publicly available TikTok videos for analysis
  • Receive AI-generated insights regarding content performance, trending patterns, and viral characteristics
  • Store metadata and analytical results in a personal digital library
  • Access publicly available trend data, hashtag analytics, and sound identification

Service Limitations:

  • We do not provide tools to download, copy, or redistribute TikTok videos in violation of TikTok's Terms of Service
  • We cannot access private TikTok content, password-protected videos, or content restricted by privacy settings
  • We do not host, store, or cache full video files from TikTok's servers
  • Service availability depends on the public accessibility of TikTok content

4. License Grant & Restrictions

Subject to your compliance with these Terms, Manimau Studios Pte Ltd grants you a limited, non-exclusive, non-transferable, revocable, personal license to:

  • Download and install the Tako application on devices you own or control
  • Access and use the Service for personal, non-commercial purposes
  • Use features as expressly permitted by these Terms

You expressly agree NOT to:

  • Reverse engineer, decompile, disassemble, or attempt to derive source code from the App
  • Modify, adapt, translate, or create derivative works based on the Service
  • Remove, alter, or obscure any proprietary notices or labels
  • Use the Service for any illegal purpose or in violation of any local, state, national, or international law
  • Interfere with or disrupt the integrity or performance of the Service
  • Circumvent any access controls, rate limits, or technical restrictions
  • Use automated systems (bots, scrapers) to access the Service without written permission
  • Sublicense, sell, rent, lease, or transfer the license granted herein

5. Intellectual Property Rights & Fair Use

5.1 Our Intellectual Property

All rights, title, and interest in and to Tako, including but not limited to software, algorithms, AI models, user interfaces, graphics, logos, trade dress, and documentation, are and shall remain the exclusive property of Manimau Studios Pte Ltd. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property laws of Singapore and foreign jurisdictions.

5.2 User Content & Public Domain

You retain ownership of any original content you submit to Tako. By using the Service, you represent and warrant that:

  • You only submit URLs to publicly available TikTok content
  • You do not use the Service to access private, restricted, or unauthorized content
  • You have the legal right to share any URLs you submit
  • Your use of the Service does not violate third-party rights, including intellectual property and privacy rights

5.3 Fair Use & Transformative Analysis

Tako's AI analysis constitutes transformative fair use under United States copyright law (17 U.S.C. § 107) and equivalent international doctrines. Our Service:

  • Uses publicly available factual data and metadata for research and analysis
  • Creates new, original insights that do not substitute for the original creative work
  • Has no adverse effect on the potential market for the original work
  • Serves educational, analytical, and research purposes
  • Processes only factual, non-copyrightable elements (view counts, hashtags, posting times, engagement metrics)

This legal position is supported by precedent including: Authors Guild v. Google, Inc., 804 F.3d 202 (2d Cir. 2015); Perfect 10, Inc. v. Amazon.com, Inc., 508 F.3d 1146 (9th Cir. 2007).

6. User Representations, Warranties & Covenants

You represent, warrant, and covenant that:

  1. You are at least 13 years of age (or 16 in the EU) and have the legal capacity to enter into this Agreement
  2. You will use Tako only for lawful purposes and in accordance with these Terms
  3. You will not use the Service to violate TikTok's Terms of Service, Community Guidelines, or any third-party rights
  4. You will not use the Service to harass, abuse, stalk, threaten, or defame any person
  5. You will not attempt to gain unauthorized access to any portion of the Service or any other systems or networks
  6. You will not use the Service to collect or harvest personally identifiable information of other users
  7. You will not use the Service to create competing products or services through systematic data extraction
  8. All information you provide is accurate, current, and complete

7. Disclaimer of Warranties & Limitation of Liability

7.1 "AS IS" Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Manimau Studios Pte Ltd does not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) the results obtained from using the Service will be accurate or reliable; (c) any errors in the Service will be corrected.

7.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MANIMAU STUDIOS PTE LTD, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Any loss of profits, revenue, data, goodwill, or other intangible losses
  • Any damages resulting from reliance on AI-generated insights or analytics
  • Any claims or damages arising from TikTok platform changes, content removal, or account suspension
  • Any unauthorized access to or alteration of your transmissions or data
  • Any third-party conduct or content transmitted through the Service

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU PAID TO US (IF ANY) FOR ACCESSING THE SERVICE, OR ONE HUNDRED SINGAPORE DOLLARS (SGD $100.00), WHICHEVER IS GREATER.

7.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

8. Indemnification

You agree to defend, indemnify, and hold harmless Manimau Studios Pte Ltd and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Service, including but not limited to AI-generated content, insights, or analytics
  • Your violation of any third-party right, including intellectual property, privacy, or publicity rights
  • Any claim that your use of the Service caused damage to a third party
  • Any disputes between you and TikTok, ByteDance Ltd., or any third parties arising from your use of publicly available content
  • Your violation of any applicable law, regulation, or government request

This indemnification obligation shall survive the termination of these Terms and your use of the Service.

9. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law provisions.

Dispute Resolution: Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be finally settled by binding arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with its Arbitration Rules. The seat of arbitration shall be Singapore. The language of arbitration shall be English.

Notwithstanding the foregoing, Manimau Studios Pte Ltd may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

10. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to: intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.

11. Changes to Terms

We reserve the right to modify or replace these Terms at any time. Material changes will be notified via email or in-app notice at least 30 days prior to taking effect. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

12. Severability & Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

13. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between you and Manimau Studios Pte Ltd concerning the Service.

14. Contact Information

Legal Department

Manimau Studios Pte Ltd

Email: manimau@outlook.com

© 2024 Manimau Studios Pte Ltd. All rights reserved.

Tako is a product of Manimau Studios Pte Ltd.

NOT AFFILIATED WITH TIKTOK OR BYTEDANCE LTD.