Terms of Service

These Terms of Service (“Terms”) govern access to and use of Affiliate BRKOUT by CHAANL, including its websites, applications, analytics, Creative Intelligence, market intelligence, alerts, reports, Discord community and related services (the “Service”). By creating an account, starting a trial, purchasing a subscription or using the Service, you agree to these Terms and the Privacy Policy. If you use BRKOUT for a business or organization, you represent that you have authority to bind that organization.

You must be at least 18 years old or the age of legal majority where you live and legally capable of entering into these Terms. You may connect only creator accounts, workspaces and data that you own or are authorized to manage. You are responsible for complying with TikTok, TikTok Shop, seller, advertising, disclosure and other platform rules that apply to your activity.

You are responsible for maintaining accurate account information and protecting your BRKOUT credentials and authorized sessions. Do not share credentials in a way that defeats workspace permissions or security controls. Notify BRKOUT promptly if you believe your account has been compromised. BRKOUT may require password resets, session revocation or other protective actions when reasonably necessary to protect the Service or users.

BRKOUT depends on third-party platforms, including TikTok and TikTok Shop, and on the permissions, APIs and data those platforms make available. You authorize BRKOUT to access and process connected-account data within the permissions you approve. Third-party platforms may change APIs, fields, rate limits, permissions, policies or availability at any time. BRKOUT is not responsible for a third-party platform’s independent service, rules, outages or decisions.

BRKOUT provides creator analytics, marketplace signals, market trends and product research, creator-relative and market benchmarks, Creative Intelligence, optional AI video analysis, alerts, recommendations, a Discord community and workflow tools designed to help users make content and commerce decisions. Features may change as BRKOUT improves the Service or as connected-platform capabilities change. BRKOUT may add, remove, limit or modify features, provided that changes are handled in accordance with applicable law and any commitments made in your active plan.

BRKOUT may analyze authorized creator content and performance data to generate classifications, scores, patterns, diagnoses, recommendations and other AI-assisted output. Some output, such as video critiques, transcripts, community product briefs and answers to community questions, is produced with third-party AI and transcription providers described in the Privacy Policy. A transcript produced from audio is a machine’s best guess at the words and may be wrong. These outputs are generated from available data and may be incomplete, delayed, probabilistic or wrong. You remain responsible for reviewing output and deciding what to publish, promote, change, buy, sell or communicate. BRKOUT does not make decisions on your behalf and does not promise that following a recommendation will produce a particular result.

BRKOUT is a decision-support and analytics product. BRKOUT does not guarantee views, reach, distribution, virality, engagement, followers, clicks, conversion rate, orders, GMV, commissions, revenue, profitability, ad performance, seller response, marketplace ranking, account standing or any other TikTok, TikTok Shop, seller, advertising or business outcome. Historical performance and marketplace signals do not guarantee future results.

Market trends, product rankings, product signals and benchmarks are built from data TikTok makes available to BRKOUT’s own authorization and from public TikTok Shop and TikTok information collected through data providers. They describe samples of the market, such as TikTok’s published bestselling lists, the products BRKOUT’s market sweeps observe, and groups of at least 25 creators, not the whole market. A product labelled as rising or a benchmark labelled as typical is an estimate from those samples. Market information is provided for your own content and commerce decisions; it is not financial, investment, legal or tax advice. You may not copy, export in bulk, resell or republish BRKOUT’s market data, or use it to build a competing dataset.

BRKOUT may offer a free trial, including a 7-day trial when shown at signup. Trial eligibility, duration, included features and account limits are displayed during signup and may be changed for future users. At the end of a trial, access may end or become limited unless a paid subscription is activated. Plan features, connected-account limits and add-ons are governed by the plan and checkout information presented when you subscribe.

Paid subscriptions are billed in advance on a recurring basis according to the billing period you select. Unless otherwise stated at checkout, subscriptions automatically renew until canceled. Subscriptions bought in the BRKOUT app are billed by Apple or Google under their terms; subscriptions bought on the web are billed through BRKOUT’s web checkout provider. You authorize BRKOUT and its payment provider to charge the payment method associated with your account for recurring fees, add-ons, applicable taxes and approved charges. You may cancel renewal through the available billing controls. Unless otherwise stated, cancellation takes effect at the end of the current paid period and does not retroactively refund prior charges. Fees are non-refundable except where required by law or expressly stated in an applicable offer or checkout. BRKOUT may change prices for future billing periods with notice required by law. You are responsible for taxes other than taxes imposed on BRKOUT’s net income.

The number of creator accounts you may connect depends on your plan, as shown in billing. If you move to a plan that covers fewer creator accounts than you have connected, you choose which accounts stay active. The others are paused: BRKOUT stops syncing them but keeps their history, and your choice cannot be changed until your plan covers them again. Each connected creator account remains a distinct data context. Agency or custom plans may include separate account limits, pricing, support or contractual terms. If a custom order form or written agreement conflicts with these Terms, the custom agreement controls only for the conflicting subject matter.

BRKOUT may offer referral, affiliate, coupon, credit or promotional programs from time to time. Each program may have additional eligibility, conversion, payout, reversal, expiration and anti-abuse rules. BRKOUT may withhold or reverse rewards associated with refunds, chargebacks, fraud, self-referrals or violations of program rules. No referral or promotional program creates an employment, partnership or agency relationship with BRKOUT.

BRKOUT runs a community on Discord. Access to member-only channels depends on your BRKOUT plan: linking your Discord account lets BRKOUT give you the matching roles, and BRKOUT removes those roles when your plan no longer includes them. Your use of Discord is also governed by Discord’s own terms. Community rules posted in the server apply, and BRKOUT may remove messages or members that break them or these Terms. Product drops, briefs and daily intelligence posted by BRKOUT are general market information, not a promise that a product will sell. Answers from the /ask command are AI-generated coaching, are reviewed by BRKOUT staff for quality and misuse, and may be limited to a number of questions per plan.

As between you and BRKOUT, you retain ownership of the creator content and data you lawfully provide or authorize BRKOUT to process. You grant BRKOUT a limited, non-exclusive license to host, copy, process, transform and analyze that content and data only as reasonably necessary to operate, secure and provide the Service, including generating creator-specific Creative Intelligence and sending it to the service providers named in the Privacy Policy for the features you use. You may upload only videos, screenshots and other material that you own or are authorized to use. This license ends when the applicable content or account data is deleted, except for limited copies BRKOUT is legally required or reasonably permitted to retain.

The Service, software, interface, workflows, trademarks, branding, models, scoring systems, generalized methodologies and other BRKOUT technology are owned by BRKOUT or its licensors and are protected by intellectual-property laws. These Terms give you a limited right to use the Service during your authorized subscription; they do not transfer ownership of BRKOUT technology. You may use reports and recommendations produced for your workspace for your own business purposes.

You may not use BRKOUT to break the law or platform rules; access data you are not authorized to access; bypass plan, authentication or security controls; scrape, probe, attack or disrupt the Service; introduce malicious code; impersonate another person or business; reverse engineer the Service except where law expressly allows it; use automated means to overload the Service; resell access without authorization; or use BRKOUT to facilitate fraud, deceptive advertising or unlawful activity.

BRKOUT works with data that may arrive late, change after processing, become unavailable or contain errors. BRKOUT will not knowingly fabricate unavailable metrics, but BRKOUT cannot guarantee that third-party data, marketplace data or derived analytics are complete, current or error-free. Maintenance, outages, provider failures, rate limits and security events may temporarily interrupt access.

BRKOUT may suspend or terminate access if you materially violate these Terms, fail to pay amounts due, create security or legal risk, misuse the Service, or if suspension is reasonably necessary to protect BRKOUT, users or third parties. When feasible, BRKOUT will provide notice and an opportunity to correct the issue. You may stop using the Service at any time, cancel renewal in billing, and request deletion of your account in the Privacy and Data section of Settings.

Use of personal information is governed by the Privacy Policy. If your paid or trial access ends after cancellation, your creator data and creator-specific Creative Intelligence are not deleted automatically. You can request deletion at any time in the Privacy and Data section of Settings; a deletion request waits 15 days, during which you can cancel it, and is then carried out automatically. Removing a connected creator account deletes that account’s synced data without deleting your BRKOUT account. Limited billing, tax, fraud-prevention, security and legal records are retained as described in the Privacy Policy. If you later return after that data has been deleted, you must reconnect applicable creator accounts and BRKOUT will learn your creator-specific patterns again.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” BRKOUT DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BRKOUT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR THAT EVERY RECOMMENDATION, METRIC OR THIRD-PARTY DATA POINT WILL BE ACCURATE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRKOUT AND ITS OWNERS, AFFILIATES, EMPLOYEES, CONTRACTORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST BUSINESS OPPORTUNITIES OR PLATFORM OUTCOMES ARISING FROM OR RELATED TO THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRKOUT’S TOTAL LIABILITY FOR CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO BRKOUT FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you.

To the extent permitted by law, you agree to defend, indemnify and hold harmless BRKOUT and its affiliates, owners, employees and contractors from claims, damages, liabilities and reasonable costs arising from your unlawful use of the Service, your violation of these Terms, content or data you were not authorized to provide, or your violation of another person’s rights or applicable platform rules.

BRKOUT may update these Terms to reflect changes to the Service, law, security requirements or business practices. The “Last updated” date identifies the current version. If a material change requires advance notice or consent under applicable law, BRKOUT will provide it. Continued use after an effective update constitutes acceptance where permitted by law.

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules, except to the extent applicable law requires otherwise. Unless applicable law requires a different forum, disputes that are not resolved informally will be brought in the state or federal courts with jurisdiction in Denton County, Texas, and each party consents to that jurisdiction and venue.

If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver. You may not assign these Terms without BRKOUT’s consent; BRKOUT may assign them as part of a reorganization, financing, merger or sale of the business. Questions about these Terms can be submitted through BRKOUT Support or the contact information provided in the Service.