Terms of service

Last updated: October 11, 2025

These Terms of Service (the “Terms”) govern your access to and use of the Datsu Marketing application, website(s), APIs, and related services (collectively, the “Service”) operated by Datsuzoku Designs (PTY) Ltd (“Company”, “we”, “us”, or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you use the Service on behalf of an organisation, you represent that you have authority to bind that organisation and “you” includes the organisation.

Our Privacy Policy describes how we collect and use personal information and forms part of these Terms. By using the Service, you also agree to the Privacy Policy.

1. Eligibility & Accounts

  1. You must be at least the age of majority in your jurisdiction and capable of forming a binding contract. The Service is not directed to children under 13.
  2. You must provide accurate account information and keep it current. You are responsible for safeguarding your login credentials and for all activity under your account.

2. Subscriptions, Trials & Billing

  1. Certain features are offered on a paid subscription basis (each a Plan). Plan details, limits and pricing are described at checkout or in an order form.
  2. Trials. If we offer a free or discounted trial, we may require payment details and will convert you to a paid Plan at the end of the trial unless you cancel in time.
  3. Billing. Fees are billed in advance on a recurring basis and are non‑refundable except as required by law or expressly stated otherwise. You authorise us (and our payment processor) to charge all fees and applicable taxes to your payment method.
  4. Changes. We may modify Plan pricing or features with prior notice. Changes apply from your next billing cycle unless otherwise agreed.

3. Your Content & Licence to Us

  1. Your Content. You retain ownership of the content you upload, create, schedule, or publish via the Service (“User Content”). You are solely responsible for User Content and for obtaining all necessary rights and permissions to use and share it.
  2. Licence. You grant us a non‑exclusive, worldwide, royalty‑free licence to host, store, process, transmit, display, adapt and otherwise use User Content solely to operate, improve, secure, and provide the Service to you (including rendering previews, transcoding media, publishing to connected platforms, and delivering analytics to you). This licence terminates when User Content is deleted from our systems, except where retention is required by law, for audit, or to resolve disputes.
  3. Feedback. If you submit ideas or suggestions, you grant us a non‑exclusive, perpetual, irrevocable, royalty‑free licence to use them without restriction or compensation.

4. Acceptable Use

You agree not to, and will not allow others to:

  • violate any applicable law, regulation, or third‑party right;
  • post or transmit content that is unlawful, harmful, defamatory, infringing, deceptive, or violates platform community guidelines;
  • attempt to access the Service or related systems without authorisation, or interfere with their security or operation;
  • reverse engineer, copy, or create derivative works of the Service, except to the extent permitted by law;
  • use the Service to send spam or unsolicited messages;
  • exceed Plan limits, misuse rate limits, or circumvent technical restrictions.

5. Third‑Party Platforms & APIs (e.g., TikTok, Facebook, Instagram, LinkedIn, X)

  1. The Service enables you to connect to third‑party platforms (“Platforms”) and to post, retrieve, or analyse content via their official APIs. Your use of each Platform is governed by that Platform’s own terms and policies. You are responsible for complying with those terms.
  2. Permissions & Scopes. When you connect an account, we request the minimum scopes necessary (e.g., TikTok Login Kit, Content Posting API, and Display API scopes such as user.info.*, video.list, video.upload, video.publish). You can revoke access at any time in the Service or on the Platform.
  3. Availability. Platform features may vary by region, account type, audit/approval status, or Platform policy changes. Some features (e.g., TikTok Research or Data Portability, or posting to public accounts by unaudited apps) may be limited or unavailable.
  4. Data Handling. Tokens and sensitive credentials are encrypted at rest. We use them only to provide the features you authorise. If you unlink an account, we delete the associated tokens and cached platform data, subject to legal retention requirements.

6. Data Protection & Privacy

  1. Our processing of personal information is described in our Privacy Policy. By using the Service, you instruct us to process personal data as necessary to provide the Service. Where we act as a processor on your behalf (e.g., processing your customer data), you agree to our Data Processing terms (DPA) available upon request.
  2. You are responsible for providing necessary notices and obtaining any consents from your end users or customers whose data you load into the Service.
  3. Upon request and subject to law, we will assist you in responding to data subject rights and will delete or return personal data at termination.

7. Service Changes, Beta & Availability

  1. We may enhance, modify, or discontinue features with notice where practicable.
  2. From time to time, we may offer Beta or experimental features. Beta features are provided “as is”, may change or stop at any time, and are excluded from any uptime or support commitments.
  3. We aim for high availability but do not guarantee uninterrupted operation. Planned maintenance, force majeure, Platform outages, or network failures may affect the Service.

8. Intellectual Property

The Service, including all software, UI/UX, designs, documentation, and trademarks, is owned by us or our licensors and protected by law. Except for the limited rights expressly granted in these Terms, we reserve all rights.

9. Termination & Suspension

We may suspend or terminate your access immediately if you breach these Terms, misuse the Service, fail to pay fees, or if required to comply with law or Platform rules. You may cancel at any time via your account or by contacting us. Upon termination, you must stop using the Service and we will delete tokens and account data as described in the Privacy Policy and any applicable DPA.

10. Warranties & Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR‑FREE, SECURE, OR UNINTERRUPTED, OR THAT IT WILL MEET YOUR REQUIREMENTS. YOUR USE OF THIRD‑PARTY PLATFORMS IS AT YOUR OWN RISK AND SUBJECT TO THEIR TERMS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; (B) LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION; OR (C) AMOUNTS EXCEEDING THE FEES PAID BY YOU FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME LIMITS MAY NOT APPLY TO YOU.

12. Indemnity

You will defend, indemnify, and hold us harmless from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your User Content; (b) your use of the Service in violation of these Terms or law; or (c) your violation of a third‑party right, including Platform terms.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of South Africa, without regard to conflict‑of‑law principles. Any dispute will be submitted to confidential arbitration in Cape Town, South Africa, under the rules of the Arbitration Foundation of Southern Africa (AFSA). Either party may seek injunctive relief in a court of competent jurisdiction. You consent to the jurisdiction of such courts for that purpose.

14. Export & Sanctions Compliance

You represent that you are not located in, under control of, or a national or resident of any country or entity subject to sanctions or export restrictions. You agree to comply with all applicable export control and sanctions laws.

15. Electronic Communications

You agree to receive notices and communications electronically. We may provide notices by email, in‑app message, or by posting to the Service.

16. Changes to these Terms

We may update these Terms from time to time. We will post the new Terms on the Service and update the “Last updated” date. Your continued use after changes become effective constitutes acceptance of the revised Terms.

17. Miscellaneous

If any provision is held invalid, the remainder will continue in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign to an affiliate or in connection with a merger or sale. These Terms (together with the Privacy Policy and any order form) constitute the entire agreement between you and us.

18. Contact Us

Datsuzoku Designs (PTY) Ltd
7 Dirkie Uys Street, Southfield, South Africa
Email: privacy@datsuzokudesigns.com

Platform‑Specific Addenda (Informative)

  • TikTok. Use of TikTok Login Kit, Content Posting, Display, and related scopes (e.g., user.info.*, video.list, video.upload, video.publish) is solely for the account you connect and only with your consent. Some posting features may require TikTok audit/approval and may be limited to private accounts until approval.
  • Meta (Facebook & Instagram). You authorise page/IG actions you initiate (e.g., publishing, analytics). You may revoke access in Meta settings or within our Service; we delete tokens upon unlinking.
  • LinkedIn. Organisation posting requires valid org permissions. We store only the minimum data needed to post and report on your content.

If you require a signed DPA or custom terms, contact us at the address above.