Terms of Service

1. Acceptance of these terms

These Terms of Service (“Terms”) are a binding agreement between you and Factory (“Factory”, “we”, “us”, “our”) governing your access to and use of the Factory website at factory.shogy.no and the Factory application (together, the “Service”).

By creating an account, connecting a YouTube channel, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. The Service

Factory connects to a YouTube channel you own or manage, reads that channel's metadata and analytics through YouTube API Services, and produces analysis, reports, recommendations, scripts and suggested actions for that channel. Where you enable it, the Service can also apply changes you have approved back to your channel.

The Service is an analytical and creative aid. It does not guarantee any particular level of views, watch time, subscribers, revenue or search placement.

3. Eligibility and accounts

• You must be at least 16 years old, or the minimum age required to use YouTube in your country if that is higher.
• You must own the channel you connect, or have authority from its owner to connect it and to make changes to it.
• You are responsible for the accuracy of the information you give us, for keeping your account credentials secure, and for all activity that happens under your account.
• You must tell us promptly at support@shogy.no if you suspect unauthorised access to your account.
• Accounts are for a single person or organisation. Do not share your credentials.

4. YouTube and Google terms

The Service uses YouTube API Services. By using the Service, you agree to be bound by the YouTube Terms of Service. You should also review the Google Privacy Policy, which explains how Google handles your information.

Our handling of data received through Google APIs is described in our Privacy Policy and adheres to the Google API Services User Data Policy, including the Limited Use requirements.

You may revoke the Service's access to your Google data at any time via myaccount.google.com/permissions. Doing so will stop the parts of the Service that depend on that access.

We are not responsible for changes YouTube or Google make to their APIs, terms, quotas or policies. If such a change materially reduces what the Service can do, we will tell you and, where appropriate, adjust or discontinue the affected feature.

5. Your channel and your content

You retain all rights in your channel, your videos, your metadata and any content you provide to the Service (“Your Content”). We claim no ownership of it.

You grant us a limited, non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit and display Your Content solely for the purpose of operating and providing the Service to you. This licence ends when you delete the content or your account, subject to the retention periods in our Privacy Policy and to backups being cycled out.

You represent that you have the rights necessary to provide Your Content to us and that it does not infringe anyone else's rights or break any law.

6. Acceptable use

You agree not to use the Service to:

• artificially inflate views, watch time, subscribers, likes, comments or any other metric, or to buy, sell or exchange engagement;
• generate or distribute spam, misleading metadata, clickbait that misrepresents content, or content designed to deceive viewers;
• violate the YouTube Terms of Service, the YouTube Community Guidelines, or Google's developer policies;
• access a channel you do not own and are not authorised to manage;
• infringe intellectual property, publicity or privacy rights;
• upload or generate content that is unlawful, harassing, hateful, defamatory, or sexually exploitative of minors;
• reverse engineer, decompile, scrape, or attempt to derive the source code of the Service, except to the extent this restriction is prohibited by law;
• circumvent rate limits, quotas, authentication or any other technical restriction;
• resell, sublicense or white-label the Service without our written permission; or
• interfere with or disrupt the integrity or performance of the Service or the data it holds.

We may suspend or terminate accounts that breach this section, without refund where the breach is serious.

7. Write access and approvals

By default the Service operates with read-only access to your channel. If you enable “Apply changes for me”, you authorise the Service to write changes you have approved — such as titles, descriptions, tags, chapter markers and comments — to your channel on your behalf.

You remain solely responsible for the content of any change you approve, including its compliance with YouTube's policies and applicable law. We will present each proposed change before it is applied and keep an activity log, but we are not responsible for the consequences of changes you approve. You can disable write access at any time in your settings, or by revoking the relevant permission at Google.

8. AI-generated output

Parts of the Service use large language models to draft scripts, hooks, titles, descriptions and similar text (“Output”). You should be aware that:

• Output may be inaccurate, generic, or unsuitable for your channel. Review it before you publish it.
• Output is not legal, financial, tax or professional advice.
• Similar Output may be generated for other users; we make no claim that Output is unique.
• As between you and us, you own the Output you generate through your account, to the extent it is capable of being owned. You are responsible for ensuring your use of it does not infringe anyone's rights.

9. Plans, billing and refunds

• The Service may be offered on free and paid plans. The features and limits of each plan are described at the point of purchase.
• Paid plans are billed in advance on a recurring basis — monthly or annually, as you choose — and renew automatically until cancelled.
• You can cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period; you keep access until then.
• Except where required by law, fees are non-refundable and we do not provide refunds or credits for partial periods.
• Prices exclude taxes unless stated. You are responsible for any applicable VAT, GST or sales tax.
• We may change prices with at least 30 days' notice. Changes take effect at your next renewal, and you may cancel before then.
• If a payment fails, we may suspend access until it is resolved.

10. Availability and changes to the Service

We aim to keep the Service available and reliable, but we do not promise uninterrupted access. We may carry out maintenance, impose reasonable usage limits to protect the Service and stay within API quotas, and add, change or remove features over time. If we discontinue a material feature or the Service as a whole, we will give you reasonable notice and, for paid plans, a pro-rata refund of any prepaid fees covering the period after discontinuation.

11. Intellectual property

The Service, including its software, design, interface, text, and the Factory name, logo and brand assets, is owned by us and protected by intellectual property law. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with them. No other rights are granted.

Our brand assets may be used only as described on our brand page. All other trademarks — including YouTube and Google — belong to their respective owners and are used for identification only.

If you send us feedback or suggestions, we may use them without restriction or obligation to you.

12. Third-party services

The Service depends on third parties, including Google and YouTube, our hosting providers, our payment processor and our AI model provider. Your use of those services may be governed by their own terms. We are not responsible for third-party services, their availability, or their acts and omissions.

13. Suspension and termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if we are required to by law, if your use poses a security or legal risk, or if we discontinue the Service.

On termination, your right to use the Service ends immediately. We will delete your data in accordance with our Privacy Policy. Sections 5, 8, 11 and 14 to 19 survive termination.

14. Disclaimers

The Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, secure or error-free; that the analysis, recommendations or Output will be accurate, complete or produce any particular result; or that data retrieved from third-party APIs will be accurate or current. Your channel's performance depends on many factors outside our control, including YouTube's own systems and policies.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

15. Limitation of liability

To the fullest extent permitted by law, Factory will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, data, channel standing, or business opportunity, arising out of or in connection with these Terms or the Service — whether in contract, tort (including negligence) or otherwise, and even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to these Terms or the Service is limited to the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) USD 100.

Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

16. Indemnification

You agree to indemnify and hold harmless Factory and its officers, employees and contractors from any claim, demand, loss, liability, cost or expense (including reasonable legal fees) arising out of your use of the Service, Your Content, any change you approve for publication, your breach of these Terms, or your violation of any law or third-party right.

17. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law rules. The courts located in Delaware have exclusive jurisdiction over any dispute, and you consent to their jurisdiction and venue.

Nothing in this section deprives a consumer of the protection of the mandatory law of the country in which they live, or of the right to bring proceedings in the courts of that country.

Before starting formal proceedings, please contact us at legal@shogy.no so we can try to resolve the matter informally. Most disputes can be settled that way.

18. Changes to these terms

We may update these Terms as the Service evolves. We will revise the “Last updated” date and, for material changes, give you at least 30 days' notice by email or in the Service before they take effect. Continuing to use the Service after the effective date means you accept the revised Terms. If you do not accept them, stop using the Service and cancel your plan before they take effect.

19. General

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the Service, and supersede any earlier agreements on the subject.
• Severability. If any provision is held unenforceable, the rest remains in force and the unenforceable provision is modified to the minimum extent necessary.
• No waiver. Not enforcing a provision is not a waiver of the right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
• Force majeure. Neither party is liable for failure to perform caused by events beyond its reasonable control.
• No third-party beneficiaries, except that Google and YouTube are intended beneficiaries of section 4.
• Notices. We may give notice by email to the address on your account or by posting in the Service. You give notice to us at the address in section 20.

20. Contact

• General support: support@shogy.no
• Legal notices: legal@shogy.no
• Privacy requests: privacy@shogy.no