Terms of Service

1. Acceptance of Terms

By accessing or using Risr ("the Service"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service. We reserve the right to update these terms at any time; we will post material changes with a revised "Last updated" date, and continued use after changes constitutes acceptance.

2. Description of Service

Risr provides AI-powered Instagram and TikTok analytics, content creation tools, growth insights for creators and coaches, and a landing page builder that allows users to publish public pages on subdomains of the Service. Features include performance tracking, AI-generated content suggestions, viral content discovery, engagement analytics, lead capture forms, and customizable landing pages with optional custom code sections.

3. User Accounts

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You must be at least 16 years old to use the Service.
• One person or entity may not maintain more than one account.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws.
• Attempt to gain unauthorized access to any part of the Service or its systems.
• Use automated means to scrape, crawl, or extract data from the Service beyond what is provided through our interface.
• Interfere with or disrupt the integrity or performance of the Service.
• Impersonate any person or entity or misrepresent your affiliation.
• Publish, distribute, or host any content through landing pages, custom code sections, or other publishing features that violates these Terms, applicable laws, or the rights of third parties.
• Insert custom code (HTML, CSS, JavaScript) that is malicious, deceptive, or designed to harm, track, or exploit visitors without proper consent and legal basis.

5. Intellectual Property

The Service and its original content, features, and functionality are owned by us and protected by international copyright, trademark, and other intellectual property laws. AI-generated content suggestions are provided as tools for your use — you retain ownership of the content you create using our suggestions. You are responsible for ensuring your use of generated content complies with applicable platform policies and laws.

You retain full ownership of and sole responsibility for all content you publish through the Service, including but not limited to landing pages, text, images, custom code, and lead capture forms. By publishing content on the Service, you represent and warrant that you own or have obtained all necessary rights, licenses, and permissions to use and publish such content, and that it does not infringe upon the intellectual property rights of any third party.

6. User-Generated Content and Published Pages

The Service allows users to create and publish public landing pages on subdomains of the Service (e.g., your-name.tryrisr.app). The following terms apply to all content published through these features:

• You are solely and exclusively responsible for all content you publish through the Service, including but not limited to text, images, custom code, lead capture forms, and any other materials.
• You represent and warrant that you own or have obtained all necessary rights to the content you publish, and that such content does not violate any applicable laws, infringe upon copyrights, trademarks, or other intellectual property rights, or violate the rights of any third party.
• Risr acts as a neutral hosting provider for user-published content within the meaning of applicable legislation, including Regulation (EU) 2022/2065 (Digital Services Act) and Directive 2000/31/EC (E-Commerce Directive). Risr does not proactively monitor user-published content and does not assume editorial responsibility for such content.
• Risr does not endorse, guarantee, verify, or assume any responsibility for the accuracy, legality, or quality of content published by users.
• Risr reserves the right to remove or disable access to any user-published content at any time, for any reason, at its sole discretion, including but not limited to content that violates these Terms or applicable laws.

7. Custom Code

The Service allows users to embed custom code (HTML, CSS, and JavaScript) within their landing pages. The following terms apply to all custom code:

• Custom code executes within an isolated (sandboxed) environment. However, you remain exclusively responsible for the functionality, security, legality, and all effects of any custom code you embed.
• You are responsible for any harm, damage, or liability caused to visitors or third parties by your custom code, including but not limited to data collection, tracking, misleading behavior, or security vulnerabilities.
• Risr shall not be liable for any custom code that collects personal data, tracks users, places cookies, or otherwise processes information in violation of applicable laws, including but not limited to the General Data Protection Regulation (EU) 2016/679 (GDPR) and the ePrivacy Directive 2002/58/EC.
• You warrant that any custom code you embed complies with all applicable laws and does not contain malware, viruses, or any other malicious components.

8. Prohibited Content

You may not publish, host, or distribute through the Service any content that falls within the following categories, including but not limited to:

• Content that is illegal under Romanian law, European Union law, or any other applicable jurisdiction.
• Phishing, fraud, scams, deception, or impersonation of any person, entity, or organization.
• Malware, malicious code, harmful scripts, or any software designed to damage, disrupt, or gain unauthorized access to systems or data.
• Sexually explicit, pornographic, or adult content.
• Content that exploits, endangers, or sexualizes minors in any way.
• Content that incites hatred, violence, discrimination, or terrorism, or targets individuals or groups based on protected characteristics.
• Content that infringes upon copyrights, trademarks, patents, trade secrets, or other intellectual property rights of third parties.
• Sale, promotion, or facilitation of illegal goods or services, including but not limited to drugs, weapons, counterfeit goods, or stolen property.
• Dangerous medical misinformation, false health claims, or deceptive wellness promises that could endanger health or safety.
• Illegal collection, processing, or sale of personal data.
• Spam, pyramid schemes, fraudulent multi-level marketing (MLM), or other deceptive commercial practices.
• Any other content that Risr determines, at its sole discretion, to be harmful, abusive, or detrimental to the reputation, security, or proper functioning of the Service.

9. Enforcement and Suspension

• Risr reserves the right, but has no obligation, to review, monitor, or inspect any content published through the Service.
• Risr may immediately suspend, disable, or permanently delete any page, content, custom code, or user account that violates these Terms, without prior notice and at its sole discretion.
• Risr may immediately suspend accounts for serious or repeated violations, threats to the security or integrity of the Service, or any activity that Risr reasonably believes poses a risk to users, visitors, or the platform.
• You shall have no right to compensation, refund, or damages for any content, pages, or accounts that are suspended, disabled, or deleted due to violations of these Terms.
• Risr may report illegal content, activities, or users to the competent law enforcement or regulatory authorities, and may cooperate with such authorities as required by applicable law.

10. Data Collected via Lead Forms

When you use the Service's lead capture forms to collect personal data from visitors, the following data protection responsibilities apply:

• You (the creator/coach) are the data controller within the meaning of the General Data Protection Regulation (EU) 2016/679 (GDPR) for all personal data collected through your lead capture forms. Risr acts as a data processor on your behalf.
• As the data controller, you are solely responsible for establishing a lawful basis for processing, providing appropriate privacy notices to data subjects, responding to data subject rights requests, and ensuring full compliance with GDPR and all other applicable data protection laws.
• You represent and warrant that you obtain all necessary consents from individuals who submit information through your lead capture forms, and that your data collection practices comply with applicable laws.
• You shall not use lead capture forms to collect sensitive personal data (special categories of data under GDPR Article 9) without explicit, informed consent from data subjects and a valid legal basis.

11. Indemnification

You agree to indemnify, defend, and hold harmless Risr, its operator Suciu D. Adrian Ioan PFA, and their respective officers, directors, employees, agents, and affiliates, from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) content you publish through the Service, including landing pages and custom code; (b) your use or misuse of the Service; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your infringement of the rights of any third party. This indemnification obligation shall survive the termination of your account and these Terms.

12. Third-Party Services

Our Service integrates with third-party platforms including Instagram, Meta, and TikTok. Your use of these integrations is subject to the respective third-party terms of service. We are not responsible for the availability, changes, or policies of third-party services, and access to certain features may depend on continued availability of these platforms.

13. Subscriptions and Payments

Some features require a paid subscription. Subscriptions are billed in advance on a recurring basis. You may cancel your subscription at any time, and it will remain active until the end of the current billing period.

Consumer right of withdrawal (EU): If you are an EU consumer, you may have a statutory 14-day right of withdrawal for digital services. By subscribing and requesting immediate access, you acknowledge that you may lose this right once the service has been fully performed, in accordance with EU consumer law. Refunds outside of statutory rights are handled on a case-by-case basis.

14. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses resulting from your use of the Service.

Without limiting the foregoing, Risr shall not be liable for any content, custom code, lead capture forms, or materials published by users through landing pages or other publishing features of the Service, including but not limited to any claims, damages, or losses arising from visitor interactions with such user-published content, data collected through user-operated lead capture forms, or the execution of user-embedded custom code.

15. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that the Service will be uninterrupted, secure, or error-free, or that AI-generated insights will be accurate or produce specific results.

16. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. You may also delete your account at any time.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions. Mandatory consumer protection rights in your country of residence remain unaffected.

18. Contact Us

If you have questions about these Terms, please contact us at hello@tryrisr.app.