Terms of Service

These Terms of Service ("Terms") govern your access to and use of Sandman's website, platform, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE.

1. Acceptance of Terms

By creating an account, accessing, or using Sandman, you agree to:

• Be bound by these Terms of Service
• Comply with our Privacy Policy
• Be at least 18 years of age (or the age of majority in your jurisdiction)
• Have the legal capacity to enter into a binding agreement

If you do not agree to these Terms, you may not use the Service.

2. Description of Service

Sandman is a performance-analysis and content-strategy platform for short-form video creators. The Service includes:

2.1 Core Features

• Data Analysis — Collection and analysis of publicly available social media video data from platforms including TikTok, Instagram Reels, and YouTube Shorts
• AI-Powered Insights — ChatGPT-style conversational interface providing performance insights, content recommendations, and strategy guidance
• Profile Management — Ability to request analysis of multiple social media profiles based on your subscription tier
• Chat History — Persistent storage of your conversations and analysis sessions
• Job Tracking — Visibility into the status of your data collection and analysis requests

2.2 Service Limitations

• Data collection is currently performed manually by our team (12 hour turnaround)
• Analysis is limited to publicly available information
• Service availability is subject to subscription status and plan limits
• We reserve the right to modify, suspend, or discontinue features at any time

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information
• Choose a strong password and keep it confidential
• Notify us immediately of any unauthorized access to your account

3.2 Account Responsibility

You are responsible for:

• All activities that occur under your account
• Maintaining the security of your login credentials
• Any content you submit or actions taken through your account

3.3 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your payment method fails or subscription expires
• We discontinue the Service

You may terminate your account at any time by contacting support@sandmanci.com.

4. Subscription Plans and Pricing

4.1 Plan Tiers

Sandman offers the following subscription plans:

4.2 Billing and Payment

• Subscriptions are billed monthly in advance
• Payment is processed securely through Stripe
• All fees are in U.S. Dollars (USD)
• Prices are subject to change with 30 days' notice
• You authorize us to charge your payment method on a recurring basis

4.3 Plan Limits

• Profile limits — Maximum number of unique social media profiles you can analyze
• Video limits — Maximum number of videos that can be requested per billing period
• Video allocations can be distributed flexibly across your profiles
• Exceeding plan limits will result in request rejection until the next billing period

4.4 Refund Policy

• No refunds — All subscription fees are non-refundable
• Cancellation — You may cancel your subscription at any time; access continues until the end of your current billing period
• Service issues — If we fail to deliver the Service due to our error, we may provide a prorated credit at our discretion

4.5 Free Trials

If we offer a free trial anytime in the future:

• Trial duration and terms will be specified at sign-up
• You must provide payment information to start a trial
• You will be charged automatically when the trial ends unless you cancel
• We reserve the right to limit trial eligibility

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Service to:

• Analyze publicly available social media content
• Generate insights for your own content strategy
• Create content recommendations based on performance data
• Manage your own social media profiles and content

5.2 Prohibited Activities

You may NOT:

• Violate laws — Use the Service for any illegal purpose or in violation of any applicable laws
• Infringe rights — Violate intellectual property, privacy, or other rights of third parties
• Scrape or abuse — Use automated tools to access the Service beyond normal use
• Reverse engineer — Attempt to decompile, disassemble, or reverse engineer the Service
• Resell or transfer — Resell, sublicense, or transfer your account or access to third parties
• Impersonate — Impersonate any person or entity or misrepresent your affiliation
• Interfere — Interfere with or disrupt the Service or servers
• Spam or harass — Send unsolicited communications or harass other users
• Collect data — Collect or harvest information about other users without consent
• Competitive analysis — Use the Service to build a competing product or service

5.3 Content Restrictions

You may not submit or request analysis of:

• Content you do not have rights to analyze
• Private or non-public social media accounts (without authorization)
• Content that violates platform terms of service
• Illegal, harmful, or offensive content

5.4 Enforcement

Violation of this Acceptable Use Policy may result in:

• Warning or notice
• Temporary suspension of Service
• Permanent termination of your account
• Legal action if necessary

6. Intellectual Property Rights

6.1 Sandman's Rights

All rights, title, and interest in the Service, including:

• Software, code, and algorithms
• User interface and design
• Trademarks, logos, and branding
• Documentation and content we create

are owned by Sandman or our licensors and are protected by copyright, trademark, and other intellectual property laws.

6.2 Your Rights

You retain all rights to:

• Your account information
• Social media profiles you submit for analysis
• Content you create based on our insights

6.3 License to Use Service

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes, subject to these Terms.

6.4 License to Your Content

By submitting content to the Service (e.g., profile requests, chat messages, notes), you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and analyze your content
• Use your content to provide the Service
• Improve our algorithms and features (in anonymized, aggregated form)

We will not share your specific content with third parties except as described in our Privacy Policy.

6.5 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without obligation or compensation to you.

7. Data Collection and Privacy

7.1 Data We Collect

We collect and process:

• Account information (email, password)
• Payment information (via Stripe)
• Social media handles and profile data you submit
• Publicly available video data from requested profiles
• Chat messages and usage data

7.2 How We Use Data

We use your data to:

• Provide and operate the Service
• Generate AI-powered insights and recommendations
• Process payments and manage subscriptions
• Communicate with you about the Service
• Improve and develop new features

7.3 Privacy Policy

Our collection, use, and sharing of your data is governed by our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy.

7.4 Third-Party Data

When you request analysis of social media profiles:

• We only collect publicly available information
• You represent that you have the right to request this analysis
• You are responsible for compliance with platform terms of service
• We are not responsible for the accuracy or completeness of third-party data

8. AI-Generated Content and Disclaimers

8.1 Nature of AI Outputs

The Service uses artificial intelligence (OpenAI GPT-5 Mini and Anthropic Claude Sonnet 4.5) to generate insights, recommendations, and content suggestions.

8.2 No Guarantees

We do not guarantee that:

• AI-generated insights are always accurate, complete, or current
• Following recommendations will achieve specific results
• Content suggestions will perform as predicted
• Analysis reflects all relevant factors

8.3 Your Responsibility

You are solely responsible for:

• Evaluating the accuracy and suitability of AI outputs
• Making your own independent decisions about content strategy
• Verifying information before relying on it
• Compliance with platform policies when implementing suggestions

8.4 Not Professional Advice

The Service provides informational content only and does not constitute:

• Professional marketing or business advice
• Legal, financial, or tax advice
• Guarantees of performance or results

9. Service Availability and Support

9.1 Uptime

We strive to provide reliable Service availability but do not guarantee:

• Uninterrupted or error-free operation
• Specific uptime percentages
• Availability during maintenance or updates

9.2 Maintenance

We may perform scheduled or emergency maintenance that temporarily interrupts Service. We will provide advance notice when reasonably possible.

9.3 Support

We provide email support at support@sandmanci.com. We aim to respond within 24-48 hours during business days but do not guarantee specific response times.

9.4 Service Changes

We reserve the right to:

• Modify or discontinue features
• Change pricing with 30 days' notice
• Update these Terms (see Section 15)
• Impose new limits or restrictions

10. Limitation of Liability

10.1 Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of accuracy, reliability, or completeness
• Warranties that the Service will be uninterrupted or error-free

10.2 Limitation of Damages

To the maximum extent permitted by law, Sandman shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from use or inability to use the Service
• Damages arising from third-party content or services

10.3 Maximum Liability

Our total liability to you for any claims arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

10.4 Exceptions

Some jurisdictions do not allow limitation of liability for certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of third parties
• Content you submit to the Service
• Your violation of applicable laws or regulations

12. Third-Party Services and Links

12.1 Third-Party Integrations

The Service integrates with third-party services including:

• Stripe (payment processing)
• Supabase (data storage and authentication)
• OpenAI and Anthropic (AI models)
• Social media platforms (data sources)

12.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and policies. We are not responsible for third-party services or their practices.

12.3 External Links

The Service may contain links to external websites. We do not endorse or control these sites and are not responsible for their content or practices.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

13.2 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration rather than in court, except:

• Small claims court actions (under $10,000)
• Intellectual property disputes
• Injunctive relief requests

13.3 Arbitration Process

• Arbitration will be conducted by the American Arbitration Association (AAA)
• Arbitration will be held in Delaware or remotely
• Each party pays their own costs unless otherwise awarded
• The arbitrator's decision is final and binding

13.4 Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in a class action or class-wide arbitration.

13.5 Opt-Out

You may opt out of arbitration by sending written notice to support@sandmanci.com within 30 days of account creation.

14. Export Controls

You may not use or export the Service in violation of U.S. export laws and regulations. You represent that you are not:

• Located in a country subject to U.S. embargo
• Listed on any U.S. government list of prohibited or restricted parties

15. Changes to Terms

15.1 Modifications

We may modify these Terms at any time. When we make material changes, we will:

• Post the updated Terms on this page
• Update the "Last Updated" date
• Notify you via email or in-app notification

15.2 Acceptance

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

16. General Provisions

16.1 Entire Agreement

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

16.2 Severability

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

16.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16.4 Assignment

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

16.5 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet/utility failures.

16.6 Notices

Notices to you may be sent via email to your registered email address or posted on the Service. Notices to us should be sent to:

16.7 Survival

Sections that by their nature should survive termination (including Intellectual Property, Limitation of Liability, Indemnification, and Dispute Resolution) will survive termination of these Terms.

17. Contact Information

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

18. Summary of Key Terms

By using Sandman, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: January 16, 2026