Terms of Use

1. Agreement to These Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Doma Beauty Pty Ltd (ABN 69 667 515 433), the operator of ChannelSpy ("we", "us", or "our"). By accessing or using the ChannelSpy website and service at channelspy.com (the "Service"), you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must immediately cease using the Service. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

2. Eligibility

You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you meet this requirement. The Service is intended for informational and research purposes only and is not directed at minors.

4. Limitation of Liability

To the maximum extent permitted by applicable law, including the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law:

(a) No Warranties. The Service and all data, estimates, and content provided through it are provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.

(b) Exclusion of Consequential Loss. To the maximum extent permitted by law, Doma Beauty Pty Ltd and its directors, officers, employees, agents, and contractors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, business interruption, or any other commercial or economic loss, arising out of or in connection with your use of or reliance on the Service or any data, estimates, or content provided through it, even if we have been advised of the possibility of such damages.

(c) Cap on Liability. To the extent that our liability cannot be excluded under applicable law, our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of: (i) the total subscription fees paid by you to us in the 12 months immediately preceding the event giving rise to the claim; or (ii) USD $100.

(d) Data Inaccuracy. You expressly acknowledge that revenue estimates and channel statistics displayed on ChannelSpy are approximations only.Doma Beauty Pty Ltd shall have no liability whatsoever for any loss or damage arising from your reliance on inaccurate, incomplete, or outdated data displayed on the Service.

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law that cannot lawfully be excluded or limited.

5. Indemnification

You agree to indemnify, defend, and hold harmless Doma Beauty Pty Ltd and its directors, officers, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any business decision you make in reliance on data or estimates provided by the Service.

6. Subscriptions and Payments

Access to the full features of the Service requires a paid subscription. Subscription plans are currently offered as follows:

All prices are in United States Dollars (USD) and are exclusive of any applicable taxes. You are responsible for any goods and services tax (GST), value-added tax (VAT), or other taxes applicable in your jurisdiction.

Payments are processed by Stripe, Inc., a third-party payment processor. By subscribing, you authorise Stripe to charge your nominated payment method on a recurring basis in accordance with your selected plan. We do not store your full payment card details.

We may offer a free trial period at our discretion. At the end of any free trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends. We will notify you before your trial expires.

Cancellations. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period; you will retain access to the Service until that date. We do not provide refunds for partial billing periods except where required by applicable law, including the Australian Consumer Law.

We reserve the right to modify subscription pricing with at least 30 days' written notice. Continued use of the Service after the effective date of a price change constitutes your acceptance of the new pricing.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
• Scrape, crawl, or systematically extract data from the Service using automated tools;
• Reverse engineer, decompile, or attempt to extract the source code of the Service;
• Resell, redistribute, or sublicense access to the Service or its data to third parties;
• Use the Service to harass, defame, or harm any individual or organisation;
• Attempt to gain unauthorised access to any part of the Service or its infrastructure;
• Introduce malware, viruses, or other harmful code into the Service.

8. Intellectual Property

The Service, including its design, software, text, graphics, and data compilations, is owned by or licensed to Doma Beauty Pty Ltd and is protected by Australian and international copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable licence to access and use the Service for your own personal or internal business research purposes only.

Channel names, logos, and thumbnails displayed on the Service are the property of their respective owners. Their display on ChannelSpy does not imply any endorsement of or affiliation with ChannelSpy.

YouTube is a trademark of Google LLC. ChannelSpy is not affiliated with, endorsed by, or sponsored by YouTube or Google LLC.

9. Third-Party Services

The Service relies on the YouTube Data API (provided by Google LLC) to retrieve publicly available channel statistics. Your use of the Service is also subject to the YouTube Terms of Service and Google Privacy Policy. We are not responsible for the accuracy, availability, or content of data provided by the YouTube Data API.

Authentication services are provided by Clerk, Inc. Payment processing is provided by Stripe, Inc. We are not responsible for the acts or omissions of these third-party providers.

10. Termination

We may suspend or terminate your access to the Service immediately and without notice if you breach these Terms or if we reasonably believe your use of the Service poses a risk to us, other users, or third parties. Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination (including Sections 3, 4, 5, 8, 11, and 12) shall survive.

11. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia, for the resolution of any dispute arising out of or in connection with these Terms or the Service.

If you are a consumer located in the European Union, you may also have the right to refer disputes to your local consumer protection authority or to the European Commission's Online Dispute Resolution platform at ec.europa.eu/odr. Nothing in this clause limits any rights you may have under mandatory consumer protection laws in your jurisdiction.

12. General Provisions

Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Doma Beauty Pty Ltd with respect to the Service and supersede all prior agreements, representations, and understandings.

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

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

Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Changes to Terms. We may update these Terms at any time. We will provide at least 14 days' notice of material changes by email or by posting a prominent notice on the Service. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

13. Contact Us

For any questions about these Terms, please contact us at: