Terms of Service – CustomIQ

Last updated: 02 May 2025

  1. Acceptance
    By creating an account or clicking "Connect with TikTok" or "Connect with Instagram", you agree to these Terms and our Privacy Policy. If you don't agree, don't use CustomIQ. Please review our Privacy Policy to understand how we collect, use, and protect your data.
  2. What CustomIQ Does
    CustomIQ lets you create, edit and publish short-form videos with AI assistance, and—when you choose—post them directly to:
    • TikTok via TikTok's official Content Posting API, and
    • Instagram via Meta's Instagram Graph API (Content Publishing endpoint).
  3. Eligibility and Age Requirements
    You must be 13 years or older and legally able to enter contracts. If you are under 18, you represent that a parent or guardian also agrees to these Terms.

    Important: Providing false age information will result in immediate account termination without prior notice.

    Parental Consent: For users aged 13-17, a parent or legal guardian must provide verifiable consent. We may request proof of parental consent at any time.

    Children Under 13: We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe your child under 13 has provided us with personal information, please contact us immediately at danielprudesa@customiq.ai. We will promptly delete such information and terminate the account.

    Parental Rights: Parents or guardians may request to review, modify, or delete their child's personal data at any time by contacting us.
  4. Your Content & Intellectual Property
    Ownership: You retain all ownership rights to content you upload or create using CustomIQ. This includes images, videos, text, audio, and any other creative materials.

    License to CustomIQ: You grant CustomIQ and its service providers a limited, non-exclusive, worldwide, royalty-free license to host, store, process, and transmit your content solely to:
    • Provide and maintain the service
    • Post content to TikTok and/or Instagram at your explicit request
    • Create backups for service continuity
    This license ends when you delete your content or close your account.

    Responsibility: You represent and warrant that you own or have obtained all necessary rights, licenses, and permissions for any content you upload. You are solely responsible for ensuring your content does not infringe on any third-party intellectual property rights, including copyrights, trademarks, or publicity rights.

    Platform Branding and Watermarks: You may not remove, obscure, or alter any TikTok or Instagram branding, watermarks, or attribution from content. Content using copyrighted music must comply with each platform's music licensing terms and requirements.

    Creator Protections: If you are a content creator monetizing your digital likeness through our platform, you maintain full control over how your likeness is used and can revoke access at any time through your account settings.
  5. TikTok & Instagram Data & Permissions
    We access your TikTok or Instagram account only after you complete the respective OAuth consent flow.

    Token Storage and Usage:
    We store access and refresh tokens encrypted at rest. Tokens are used only to publish, edit or delete posts you select inside CustomIQ. Tokens are automatically deleted within 5 days of you disconnecting either platform or deleting your CustomIQ account.

    Data Retention:
    We retain the following data for operational purposes:
    • Account information and preferences (until account deletion)
    • Content drafts and published content metadata (until you delete them or close your account)
    • Analytics and usage data (anonymized after 90 days)
    • Billing and transaction records (as required by law, typically 7 years)

    Data Deletion:
    You can request deletion of your data at any time by deleting your account in Settings or by contacting us at danielprudesa@customiq.ai. Upon account deletion, we will permanently delete your personal data within 30 days, except where retention is required by law.

    Important Note: Content already posted to TikTok or Instagram will remain on those platforms subject to their respective data retention policies. We cannot delete content from third-party platforms after it has been posted. You must use each platform's native deletion tools to remove such content.
  6. Prohibited Uses
    You agree not to:
    • infringe copyright or remove TikTok or Instagram watermarks,
    • violate either platform's Community Guidelines,
    • automate posting that exceeds each platform's rate limits or spam rules,
    • reverse-engineer any part of CustomIQ or inject malicious code.
  7. Compliance with Platform Policies and Content Posting Requirements
    CustomIQ complies with and is subject to:
    • Meta Platform Terms: We adhere to Meta's Platform Terms and Instagram Platform Policy
    • TikTok Developer Terms: We comply with TikTok's Developer Terms of Service and API Terms
    • User Obligations: When using CustomIQ, you must also comply with:
      • Instagram's Terms of Use and Community Guidelines
      • TikTok's Terms of Service and Community Guidelines
      • All applicable content policies of each platform
      • TikTok's Branded Content Policy when posting branded or sponsored content
      • Music Usage Confirmation requirements when using copyrighted music

    Content Posting Control and Awareness:
    You have full awareness and control of what content is posted to TikTok and Instagram through CustomIQ. You must explicitly authorize each post, and we will not post content without your direct instruction.

    TikTok Compliance Audit Notice:
    Until CustomIQ passes TikTok's official compliance audit, content posted via our platform may be restricted to private viewing on TikTok. Once we complete the audit process, this restriction will be lifted.

    Rate Limits and Posting Caps:
    CustomIQ respects and enforces rate limits and posting caps set by TikTok and Instagram. We will prevent you from exceeding these limits to ensure compliance with platform policies.

    Platform Audits:
    CustomIQ is subject to audits by TikTok and Instagram to ensure compliance with their respective policies and API terms. We will cooperate fully with such audits. Any violation of these third-party terms may result in suspension or termination of your CustomIQ account. We are not responsible for actions taken by Instagram or TikTok regarding your account on their platforms.
  8. Termination
    You may stop using CustomIQ at any time; delete your account in Settings to erase stored personal data. We may suspend or end the service if you violate these Terms, third-party platform policies, or applicable law.

    Effect on Posted Content: Upon termination of your CustomIQ account, content already posted to TikTok or Instagram will remain on those platforms and will continue to be subject to their respective policies and terms. CustomIQ cannot remove content from third-party platforms once posted. You must use each platform's native deletion tools to remove such content if desired.
  9. Data Security and Privacy
    CustomIQ implements industry-standard technical, physical, and administrative safeguards to protect your data:
    • Encryption: All user data is encrypted in transit (using TLS/SSL) and at rest using industry-standard encryption protocols
    • Access Controls: We implement strict access controls and authentication mechanisms to prevent unauthorized access to your data
    • Security Monitoring: We continuously monitor our systems for security threats and vulnerabilities
    • Data Breach Notification: In the event of a data breach that may affect your account, we will notify you promptly via email and/or in-app notification, as required by applicable law
    • Compliance: We comply with GDPR (General Data Protection Regulation), CCPA (California Consumer Privacy Act), and other applicable data protection laws

    For detailed information about how we collect, use, store, and protect your data, please review our Privacy Policy.
  10. Service Availability and Changes
    Third-Party API Dependencies: CustomIQ depends on third-party APIs provided by TikTok, Instagram, and other service providers. These APIs may change, be deprecated, become unavailable, or experience downtime at any time without prior notice.

    Service Disruptions: We are not responsible for service disruptions, limitations, or unavailability caused by changes to third-party platform APIs, policies, or infrastructure. We will make reasonable efforts to update our integration when platforms release new features or requirements.

    Platform Audits and Changes: TikTok and Instagram may audit our compliance with their policies at any time. Such audits may temporarily affect service availability or functionality. We will notify you of any material service changes or disruptions when possible.
  11. Disclaimers
    CUSTOMIQ IS PROVIDED "AS IS." To the maximum extent allowed by law we disclaim warranties of merchantability, fitness for a particular purpose and non-infringement.
  12. Limitation of Liability
    We are not liable for indirect, incidental, special or consequential damages, or loss of profits, even if foreseeable. Our total liability is capped at the greater of (i) USD 100 or (ii) amounts you've paid us in the last 12 months.
  13. Indemnification
    You agree to indemnify, defend, and hold harmless CustomIQ, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
    • Your use or misuse of the Service
    • Your content, including any claims of intellectual property infringement or privacy violations
    • Your violation of these Terms of Service
    • Your violation of any third-party rights, including TikTok's or Instagram's terms, policies, or community guidelines
    • Any claims arising from content you posted to TikTok, Instagram, or other platforms using CustomIQ
    This indemnification obligation will survive termination of your account and these Terms.
  14. Dispute Resolution
    Informal Resolution: Before filing any legal claim or initiating formal dispute resolution proceedings, both parties agree to first attempt to resolve the dispute informally. The party raising the dispute must send written notice to the other party describing the nature of the dispute and the desired resolution.

    Good Faith Negotiation: After receiving such notice, both parties agree to negotiate in good faith for at least 30 days to attempt to resolve the dispute. During this period, both parties will make reasonable efforts to settle the matter through direct communication.

    Notice Address: Written notices to CustomIQ should be sent to danielprudesa@customiq.ai or to the postal address listed in the Contact section below.

    Formal Proceedings: If the dispute cannot be resolved informally within 30 days, either party may proceed with formal legal action in accordance with the Governing Law section below.
  15. Governing Law
    These Terms are governed by the laws of Spain, excluding conflict-of-law rules. Disputes are resolved exclusively in the courts of Madrid, Spain.
  16. Changes
    We may update these Terms. We'll post the new version and, if changes are material, give at least 7 days' notice by email or in-app banner. Continuing to use CustomIQ means you accept the revised Terms.
  17. Contact
    Questions? Email danielprudesa@customiq.ai or write to:

    CustomIQ
    C/ Barbados 11, piso 1, pta. e
    Alcalá de Henares, Madrid, 28805
    Spain