Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you (“you” or “User”) and D3 Creator(“D3 Creator”, “we”, “our”, or “us”) governing your access to and use of the D3 Creator website at www.d3creator.com and our related social media analytics services (collectively, the “Service”).

Please read these Terms carefully. By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.

1. Acceptance of Terms

By accessing or using the Service, you represent that:

• You are at least 16 years old, or have reached the age of majority in your jurisdiction, whichever is higher.
• You have the legal capacity to enter into a binding agreement.
• If you are using the Service on behalf of an organization, you have the authority to bind that organization to these Terms.
• Your use of the Service complies with all applicable laws and regulations.

2. Description of the Service

D3 Creator is an agency-managed social media analytics platform. Agencies provision creator accounts and add the public social profiles they manage; creators sign in to view combined analytics across those profiles in a single dashboard. The Service currently supports analytics for Instagram, Facebook, TikTok, and Douyin. Public self-signup is not available — accounts are created by your agency. We may add or remove supported platforms from time to time.

3. User Accounts and Registration

3.1 Account Creation

Accounts are provisioned by your agency; public self-registration is not available. You agree to keep your account credentials secure and your contact information accurate and up to date.

3.2 Account Security

You are responsible for safeguarding your password and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized access or suspected security breach. We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 One Account Per Person

You may not create or use multiple accounts to circumvent restrictions or impersonate another person. We reserve the right to suspend duplicate accounts.

4. Acceptable Use Policy

You agree that you will not:

• Use the Service for any unlawful purpose, or in violation of any local, national, or international law.
• Track or analyze social profiles that you do not own or are not authorized to track.
• Attempt to gain unauthorized access to any part of the Service, its systems, or its data.
• Interfere with or disrupt the Service, including by introducing malware, conducting denial-of-service attacks, or excessive automated requests.
• Reverse engineer, decompile, or disassemble any part of the Service, except where permitted by law.
• Resell, sublicense, or commercially exploit the Service without our prior written consent.
• Use the Service to harass, defame, or harm any other person or entity.
• Scrape, harvest, or otherwise collect data from the Service except through features we expressly provide for that purpose.
• Violate the terms of service of any connected social media platform (such as Meta or TikTok) through your use of the Service.

5. Tracked Social Profiles

5.1 Profiles You Own

D3 Creator tracks public social profiles that are added on your behalf by your agency. You represent and warrant that you own, or have explicit permission to have us track and analyze, every profile associated with your account.

5.2 Public Data

The Service collects publicly available data onlyfrom the public profile URL of each tracked profile (Instagram, Facebook, TikTok, Douyin), using trusted third-party data providers. Your use of the Service must comply with each platform’s own terms and all applicable laws.

6. Analytics Data

The Service displays analytics derived from publicly available social media data, collected through trusted third-party data providers. We do not guarantee:

• The accuracy, completeness, or timeliness of any analytics data displayed.
• The continued availability of any platform integration, which may change or be removed if the underlying platform changes its API.
• That historical data will be retained indefinitely.

Analytics data is provided for informational purposes only and should not be the sole basis for business or financial decisions.

7. Intellectual Property

7.1 Our Rights

The Service, including its software, design, branding (such as the “D3 Creator” name and logo), and content (excluding User Content), is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws.

7.2 Your Rights

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal or internal business purposes.

7.3 Your Content

You retain all rights to your own social media content. The Service collects only publicly available data from the profiles your agency tracks and uses it solely for the purpose of providing the Service to you.

8. Third-Party Services

The Service relies on third-party services including TikHub and BrightData (public social-data collection), Supabase (database and storage), and Vercel (hosting). Your use of these third-party services is governed by their own terms and privacy policies. We are not responsible for the practices, availability, or content of any third party.

9. No Guarantee of Uptime or Availability

We strive to keep the Service available, but we do not guarantee that the Service will be uninterrupted, error-free, secure, or available at any particular time or location. The Service may be temporarily unavailable due to maintenance, upgrades, or events outside our reasonable control (including outages of third-party APIs and hosting providers).

We are not liable for any downtime, data loss, or inconvenience caused by such unavailability.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

We make no warranty that the Service will meet your requirements, be free of errors, or produce any specific result. Any reliance on the analytics data or other materials provided through the Service is at your sole risk.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL D3 CREATOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

IN ALL CASES, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED MALAYSIAN RINGGIT (MYR 100), WHICHEVER IS GREATER. WHERE YOU USE THE SERVICE WITHOUT PAYMENT, OUR AGGREGATE LIABILITY IS CAPPED AT MYR 100.

12. Indemnification

You agree to indemnify, defend, and hold harmless D3 Creator and its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your use of, or inability to use, the Service.
• Your violation of these Terms.
• Your violation of any third-party right, including the terms of any social media platform tracked through the Service.
• Any content or data you submit to the Service.

13. Termination

13.1 Termination by You

You may stop using the Service at any time and ask your agency to close your account. Upon deletion, we will process your data in accordance with our Privacy Policy.

13.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms, engage in fraudulent or abusive behaviour, or if we discontinue the Service.

13.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will continue to apply.

14. Changes to the Service and These Terms

We may modify or discontinue any part of the Service at any time. We may also revise these Terms from time to time. When we make material changes, we will update the “Last Updated” date and, where appropriate, provide a more prominent notice. Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service.

15. Governing Law and Dispute Resolution

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of laws principles.

You and D3 Creator agree that the courts of Malaysia shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms or the Service, except where such exclusive jurisdiction would deprive you of mandatory consumer protections available to you under the law of your country of residence.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and D3 Creator regarding the Service and supersede any prior agreements.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

17. Contact Us

If you have any questions about these Terms, please contact us at: