Terms of Service

Effective Date: July 29, 2026
Last Updated: July 29, 2026

1. Agreement to These Terms

These Terms of Service (“Terms”) form a legally binding agreement between you and TraffiCola™ (“TraffiCola,” “we,” “us,” or “our”).

These Terms govern your access to and use of:

  • The TraffiCola website;
  • Video Dominator;
  • TraffiCola dashboards, applications, software, APIs, automation tools, and related services;
  • Artificial-intelligence content-generation features;
  • Video, image, audio, voice, script, caption, and campaign-generation features;
  • Social-account connection, draft upload, scheduling, publishing, analytics, and account-management features; and
  • Any related products, subscriptions, support services, beta features, or integrations we provide.

Collectively, these are the “Services.”

By accessing the Services, creating an account, clicking an acceptance button, purchasing a plan, connecting a social account, submitting content, or otherwise using the Services, you agree to these Terms and our Privacy Policy.

If you do not agree, do not access or use the Services.

2. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services.

If you use the Services for a company, organization, client, or other entity, you represent that:

  • You have authority to bind that entity;
  • You have authority to connect and manage the applicable accounts;
  • You have authority to upload, generate, schedule, and publish content on its behalf; and
  • The entity agrees to these Terms.

In that situation, “you” includes both you and the entity.

You may not use the Services if you are prohibited from doing so under applicable law, sanctions, export-control restrictions, or the rules of a connected platform.

3. TraffiCola Services

TraffiCola may provide tools that help users:

  • Develop marketing concepts;
  • Generate scripts, captions, headlines, images, audio, and videos;
  • Create promotional content for products and services;
  • Build and manage campaigns;
  • Review and approve generated media;
  • Connect authorized third-party accounts;
  • Upload content to social-platform drafts or inboxes;
  • Publish content directly where supported;
  • Schedule content for future publication;
  • Monitor upload and processing status;
  • Retrieve authorized analytics;
  • Archive and restore campaign materials; and
  • Automate parts of a content-production and publishing workflow.

Features may differ by plan, account, location, platform approval, connected-account permissions, technical availability, and applicable law.

We may add, modify, suspend, limit, or discontinue features at any time.

4. Accounts and Account Security

You may be required to create an account to use some Services.

You agree to:

  • Provide accurate and current information;
  • Maintain the confidentiality of your login credentials;
  • Use strong passwords and available security controls;
  • Restrict access to authorized users;
  • Promptly update inaccurate account information;
  • Notify us of suspected unauthorized access; and
  • Accept responsibility for activity conducted through your account.

You may not:

  • Share credentials with unauthorized persons;
  • Access another person’s account without permission;
  • Create accounts using false identities;
  • Circumvent account limits or security controls;
  • Sell, transfer, or lease your account without written permission; or
  • Use automated methods to create fraudulent or excessive accounts.

TraffiCola is not responsible for losses caused by your failure to protect credentials or secure authorized devices.

5. Connected Social and Third-Party Accounts

The Services may connect with third-party platforms, including TikTok, Facebook, Instagram, X, LinkedIn, YouTube, Google, and other publishing, advertising, or media services.

When you connect an account, you authorize TraffiCola to access and use the information and permissions approved through that platform’s authorization process.

Depending on the permissions granted, this may allow TraffiCola to:

  • Verify the connected account;
  • Upload videos, images, captions, or other content;
  • Deliver content to drafts or platform inboxes;
  • Schedule or publish content;
  • Retrieve publishing status;
  • Retrieve permitted profile or analytics information;
  • Refresh authorization tokens; or
  • Perform other actions that you request or configure.

You represent that you have lawful authority to connect and manage each account.

You remain responsible for complying with every connected platform’s:

  • Terms of service;
  • Developer terms;
  • Community guidelines;
  • Advertising rules;
  • Intellectual-property rules;
  • Music and media licensing requirements;
  • Disclosure requirements;
  • Privacy requirements; and
  • Technical limitations.

Third-party platforms are independent services. TraffiCola does not control their availability, review process, account decisions, content moderation, API access, rate limits, outages, restrictions, or policy changes.

6. User Approval and Automated Publishing

You control whether content is uploaded, scheduled, or published.

Before approving publication, you are responsible for reviewing:

  • The selected account;
  • The video, image, audio, and text;
  • Captions, titles, descriptions, and hashtags;
  • Product and service claims;
  • Required advertising or sponsorship disclosures;
  • Privacy and visibility settings;
  • Music and media rights;
  • Scheduled publication time; and
  • Platform-specific options.

Selecting an upload, scheduling, automation, or publication command constitutes your instruction and authorization for TraffiCola to perform that action.

Where a platform requires final review inside its own application, you are responsible for completing that review and publication process.

You may be unable to cancel an action after content has been transferred to a third-party platform.

7. Draft Uploads and Direct Publishing

Some integrations may support draft or inbox delivery. In that workflow, TraffiCola transfers the selected content to the connected platform, but you must open the platform, review the content, and complete publication.

Other integrations may support direct publication. Direct publication may be subject to:

  • Additional platform approval;
  • Account eligibility;
  • Visibility restrictions;
  • Creator or business-account requirements;
  • Daily publishing limits;
  • Privacy-setting restrictions;
  • Content review;
  • Processing delays; or
  • Platform audits.

TraffiCola does not guarantee that any platform will accept, process, approve, display, recommend, monetize, or publish submitted content.

8. User Content

“User Content” means content you upload, enter, connect, submit, generate, configure, or otherwise make available through the Services, including:

  • Videos;
  • Images;
  • Logos;
  • Audio;
  • Music;
  • Voice recordings;
  • Scripts;
  • Prompts;
  • Captions;
  • Hashtags;
  • Product information;
  • Testimonials;
  • Advertising claims;
  • Customer information;
  • Campaign settings; and
  • Connected-account instructions.

As between you and TraffiCola, you retain ownership of your preexisting User Content.

You grant TraffiCola a worldwide, nonexclusive, royalty-free license to host, reproduce, process, modify, format, transmit, display, and sublicense User Content only as reasonably necessary to:

  • Provide the Services;
  • Generate requested outputs;
  • Store projects;
  • Render media;
  • Transfer content to connected platforms;
  • Provide support;
  • Maintain security;
  • Create backups; and
  • Comply with law.

This license continues for as long as reasonably necessary to provide the Services and fulfill valid legal, security, backup, and compliance obligations.

9. Your Content Representations

You represent and warrant that:

  • You own User Content or possess all necessary rights and permissions;
  • Your use of User Content does not infringe copyright, trademark, publicity, privacy, contract, or other rights;
  • You have permission from identifiable people appearing in uploaded media;
  • You have appropriate rights to all music, recordings, voices, logos, testimonials, and brand assets;
  • Product and service claims are accurate and supportable;
  • Testimonials and endorsements are authentic and properly disclosed;
  • User Content complies with applicable laws and platform rules; and
  • TraffiCola’s processing of User Content at your direction will not violate third-party rights.

You are solely responsible for obtaining releases, licenses, consents, and substantiation required for your content and marketing activities.

10. Generated Output

“Generated Output” means text, images, audio, video, recommendations, scripts, captions, concepts, or other materials produced using the Services.

As between you and TraffiCola, and to the extent permitted by applicable law and third-party provider terms, you may use Generated Output created for your account for lawful personal or commercial purposes.

Generated Output may:

  • Contain errors;
  • Require editing;
  • Be incomplete;
  • Resemble material generated for other users;
  • Contain unexpected artifacts;
  • Be unsuitable for a particular platform;
  • Require disclosures or human review; or
  • Fail to qualify for copyright or other legal protection.

TraffiCola does not guarantee that Generated Output is unique, accurate, noninfringing, legally protectable, commercially successful, or suitable for a specific use.

You must review Generated Output before using or publishing it.

11. Artificial Intelligence Disclosures

Some Services use artificial intelligence, machine learning, text-to-speech, synthetic media, or automated decision tools.

You agree not to use these tools to:

  • Deceive people about a material fact;
  • Impersonate another person without lawful permission;
  • Create fraudulent testimonials or endorsements;
  • Fabricate evidence;
  • Misrepresent a person’s words or conduct;
  • Conceal legally required sponsorship disclosures;
  • Produce unlawful discriminatory content;
  • Manipulate elections or civic processes unlawfully;
  • Create nonconsensual intimate material; or
  • Violate synthetic-media or labeling requirements.

You are responsible for adding any disclosure, watermark, label, attribution, or notice required by law or a connected platform.

12. Prohibited Uses

You may not use the Services to create, upload, publish, distribute, facilitate, or promote:

  • Illegal activity;
  • Fraud, scams, phishing, or impersonation;
  • Malware, spyware, malicious code, or credential theft;
  • Spam or unauthorized mass messaging;
  • Fake engagement, fabricated followers, or platform manipulation;
  • Infringing or counterfeit material;
  • Harassment, threats, stalking, or doxxing;
  • Hate-based abuse or unlawful discrimination;
  • Terrorist recruitment or violent extremist promotion;
  • Child sexual abuse or exploitation material;
  • Nonconsensual sexual or intimate content;
  • Unlawful weapons, drugs, controlled substances, or dangerous products;
  • False or deceptive health, financial, investment, earnings, or legal claims;
  • Unauthorized collection or disclosure of personal information;
  • Content that violates another person’s privacy or publicity rights;
  • Instructions intended to defeat platform security or moderation systems; or
  • Any activity prohibited by a connected platform.

You also may not:

  • Reverse engineer or attempt to extract source code except where law expressly permits;
  • Circumvent usage, billing, publishing, or security limits;
  • Interfere with service infrastructure;
  • Probe or test systems without authorization;
  • Resell access except under an authorized reseller agreement;
  • Copy the Services to create a competing product;
  • Remove proprietary notices;
  • Use another user’s data without permission; or
  • Use the Services in a way that creates unreasonable operational risk.

13. Sensitive Information

Do not upload highly sensitive personal information unless a feature expressly requests it and you have lawful authority to provide it.

Examples include:

  • Social Security numbers;
  • Government identification numbers;
  • Complete payment-card information;
  • Bank credentials;
  • Medical records;
  • Biometric identifiers;
  • Passwords;
  • Private authentication keys; or
  • Confidential information belonging to another person.

TraffiCola may remove or restrict content that creates privacy, security, or legal risk.

14. Music, Stock Media, and Third-Party Assets

Music, images, fonts, templates, stock media, and other third-party assets may be subject to separate licenses.

You are responsible for confirming that your license permits:

  • Commercial use;
  • Advertising use;
  • Social-platform distribution;
  • Modification;
  • Synchronization with video;
  • Geographic distribution; and
  • Continued use after a subscription ends.

A music track available inside one social platform may not be licensed for external editing, cross-platform distribution, advertising, or commercial use.

TraffiCola does not grant rights to third-party assets unless expressly stated.

15. Advertising and Marketing Compliance

You are responsible for ensuring that marketing content complies with applicable advertising, consumer-protection, endorsement, industry, and platform rules.

You must clearly disclose material relationships, including:

  • Sponsorships;
  • Paid endorsements;
  • Affiliate links;
  • Free products;
  • Incentives;
  • Employment relationships; and
  • Other material connections.

You may not make deceptive, unsubstantiated, or misleading claims.

TraffiCola does not verify the truth, scientific support, legal compliance, or substantiation of your marketing claims.

16. Professional and Regulated Content

The Services do not provide legal, medical, financial, tax, investment, insurance, or other regulated professional advice.

Generated content concerning regulated subjects must be reviewed by an appropriately qualified professional before use.

You are responsible for all licensing, disclosures, approvals, warnings, and restrictions applicable to your industry.

17. No Guarantee of Results

TraffiCola does not guarantee:

  • Views;
  • Followers;
  • Engagement;
  • Leads;
  • Sales;
  • Revenue;
  • Profit;
  • Search ranking;
  • Virality;
  • Advertising approval;
  • Platform approval;
  • Account verification;
  • Monetization eligibility;
  • Audience growth; or
  • Any particular business result.

Performance depends on factors outside TraffiCola’s control, including content quality, market conditions, competition, audience behavior, platform algorithms, account status, and platform policies.

Examples, projections, demonstrations, and testimonials are illustrative and do not guarantee similar results.

18. Platform Enforcement and Account Risk

Third-party platforms may:

  • Reject content;
  • Delay processing;
  • Reduce distribution;
  • Apply labels;
  • Remove posts;
  • Restrict features;
  • Revoke API permissions;
  • Suspend or terminate accounts;
  • Change technical requirements; or
  • Modify their policies.

You are responsible for the standing and compliance of your connected accounts.

TraffiCola is not liable for platform enforcement decisions, lost reach, removed content, account restrictions, demonetization, lost followers, or revoked access unless directly caused by TraffiCola’s willful misconduct and liability cannot lawfully be excluded.

19. Availability and Technical Limitations

We aim to provide reliable Services, but uninterrupted availability is not guaranteed.

The Services may be affected by:

  • Maintenance;
  • Software defects;
  • Internet failures;
  • Hosting outages;
  • Platform outages;
  • API changes;
  • Rate limits;
  • Token expiration;
  • Account restrictions;
  • Rendering failures;
  • File corruption;
  • Cyberattacks;
  • Force majeure events; or
  • Third-party service interruptions.

TraffiCola may impose reasonable usage, storage, processing, rendering, publishing, and API limits.

You are responsible for maintaining independent copies of important content.

20. Beta, Sandbox, and Experimental Features

Some features may be designated as beta, preview, sandbox, experimental, early access, or evaluation features.

Such features may:

  • Be incomplete;
  • Change without notice;
  • Produce errors;
  • Have reduced security or availability;
  • Be subject to platform testing restrictions; or
  • Be discontinued.

You use beta and experimental features at your own risk.

Unless expressly stated, beta features are not intended for critical production workflows.

21. Fees and Payment

Some Services may require payment.

You agree to pay all fees disclosed at purchase, including applicable taxes.

You authorize TraffiCola and its payment provider to charge the selected payment method for:

  • Subscription fees;
  • One-time purchases;
  • Usage-based charges;
  • Add-ons;
  • Upgrades; and
  • Other authorized purchases.

Prices may change prospectively. We will provide notice of material subscription price changes as required by law.

You are responsible for maintaining accurate billing information and a valid payment method.

22. Subscriptions and Automatic Renewal

If you purchase a recurring subscription, it will renew at the disclosed billing interval until canceled unless otherwise stated at purchase.

Before purchase, TraffiCola will disclose applicable:

  • Price;
  • Billing frequency;
  • Trial terms;
  • Renewal terms;
  • Material restrictions; and
  • Cancellation method.

You authorize recurring charges until cancellation becomes effective.

You may cancel through the available account or billing controls or by contacting TraffiCola using the contact information below.

Cancellation prevents future renewal charges but does not ordinarily reverse charges already incurred.

Mandatory consumer rights remain unaffected.

23. Trials and Promotions

Trials, discounts, credits, coupons, and promotions may be subject to additional conditions.

Unless otherwise stated:

  • Promotions are limited to one per eligible customer;
  • Credits have no cash value;
  • Unused credits may expire;
  • Trials may convert to paid subscriptions after the disclosed trial period; and
  • Abuse of promotional offers may result in cancellation.

The terms presented with a promotion control if they conflict with this section.

24. Refunds

Except where required by law or expressly stated in a written refund policy, order form, or purchase screen, fees are nonrefundable once charged.

TraffiCola may issue a refund, credit, or service adjustment at its discretion. Doing so once does not create an obligation to do so again.

Nothing in these Terms limits nonwaivable refund, cancellation, or consumer rights.

25. Taxes

Fees do not include taxes unless expressly stated.

You are responsible for sales, use, value-added, withholding, or similar taxes associated with your purchase, excluding taxes based on TraffiCola’s net income.

26. Intellectual Property

The Services, including their software, interfaces, workflows, designs, documentation, templates, trademarks, branding, code, and proprietary technology, are owned by TraffiCola or its licensors.

Subject to these Terms, TraffiCola grants you a limited, nonexclusive, nontransferable, revocable right to use the Services during your authorized subscription or access period.

No ownership interest in the Services is transferred to you.

“TraffiCola,” “Video Dominator,” associated logos, and related branding are trademarks or proprietary identifiers of TraffiCola. You may not use them without permission except to accurately identify the Services.

27. Feedback

If you provide suggestions, ideas, comments, or feedback, you grant TraffiCola a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate that feedback without restriction or compensation.

This does not grant TraffiCola ownership of your confidential User Content.

28. Copyright Complaints

TraffiCola respects intellectual-property rights.

A copyright complaint should include:

  • Identification of the copyrighted work;
  • Identification and location of the allegedly infringing material;
  • Your contact information;
  • A statement that you have a good-faith belief that the use is unauthorized;
  • A statement that the information supplied is accurate;
  • A statement, under penalty of perjury, that you are authorized to act; and
  • Your physical or electronic signature.

Send copyright complaints to:

privacy@trafficola.com

TraffiCola may remove or restrict content and may terminate repeat infringers where appropriate.

Submitting a knowingly false complaint may result in liability.

29. Content Review and Enforcement

TraffiCola may, but is not obligated to, review content or account activity.

We may remove content, block an action, suspend processing, restrict features, or terminate access when we reasonably believe there is:

  • A violation of these Terms;
  • A legal or security risk;
  • Suspected fraud;
  • Abuse of platform integrations;
  • Infringement;
  • Harm to another person;
  • A platform compliance issue; or
  • A threat to the Services.

Our failure to act in one instance does not waive our right to act later.

30. Privacy

Our collection and use of personal information are described in the TraffiCola Privacy Policy.

The Privacy Policy is incorporated into these Terms by reference.

By using connected-account features, you authorize TraffiCola to process applicable account information, tokens, content, and publishing instructions as described in the Privacy Policy.

31. Confidentiality

If TraffiCola provides information clearly identified as confidential, you agree to use reasonable measures to protect it and not disclose it except as authorized.

Confidential information does not include information that:

  • Becomes public without breach;
  • Was lawfully known without restriction;
  • Is received lawfully from another source; or
  • Is independently developed without use of confidential information.

This section does not replace a separate nondisclosure agreement.

32. Suspension and Termination

You may stop using the Services at any time.

TraffiCola may suspend or terminate access if:

  • You violate these Terms;
  • Payment is overdue;
  • Your activity creates legal, security, or operational risk;
  • A platform requires restriction;
  • Your account is used fraudulently;
  • Continued service is impractical; or
  • We discontinue the applicable Service.

Where reasonable, we may provide notice and an opportunity to correct a violation.

Serious, fraudulent, illegal, abusive, or security-threatening activity may result in immediate suspension.

33. Effect of Termination

Upon termination:

  • Your right to use the Services ends;
  • Connected tokens may be revoked or deleted;
  • Scheduled actions may be canceled;
  • Stored projects may become unavailable;
  • Outstanding fees remain payable; and
  • Provisions intended to survive will remain effective.

You are responsible for exporting important content before cancellation or termination.

We may retain limited records as required for legal, security, billing, backup, fraud-prevention, and compliance purposes.

34. Third-Party Services and Links

The Services may contain links to or integrations with third-party services.

TraffiCola does not endorse or control third-party services and is not responsible for their:

  • Content;
  • Availability;
  • Security;
  • Privacy practices;
  • Charges;
  • Accuracy;
  • Actions; or
  • Terms.

Your use of third-party services is governed by your agreement with those providers.

35. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TRAFFICOLA DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF:

  • MERCHANTABILITY;
  • FITNESS FOR A PARTICULAR PURPOSE;
  • TITLE;
  • NON-INFRINGEMENT;
  • ACCURACY;
  • RELIABILITY;
  • AVAILABILITY;
  • SECURITY; AND
  • QUIET ENJOYMENT.

TRAFFICOLA DOES NOT WARRANT THAT:

  • THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
  • GENERATED OUTPUT WILL BE ACCURATE OR UNIQUE;
  • CONTENT WILL BE ACCEPTED BY A PLATFORM;
  • DEFECTS WILL BE CORRECTED;
  • DATA WILL NEVER BE LOST;
  • PLATFORM INTEGRATIONS WILL REMAIN AVAILABLE; OR
  • THE SERVICES WILL PRODUCE A PARTICULAR RESULT.

Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, the exclusions apply only to the extent permitted by law.

36. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAFFICOLA AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR:

  • INDIRECT;
  • INCIDENTAL;
  • SPECIAL;
  • EXEMPLARY;
  • PUNITIVE; OR
  • CONSEQUENTIAL DAMAGES;

OR FOR LOSS OF:

  • PROFITS;
  • REVENUE;
  • BUSINESS OPPORTUNITY;
  • CUSTOMERS;
  • FOLLOWERS;
  • GOODWILL;
  • CONTENT;
  • DATA;
  • ACCOUNT ACCESS;
  • PLATFORM REACH; OR
  • ANTICIPATED SAVINGS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAFFICOLA’S TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF:

  1. THE AMOUNT YOU PAID TO TRAFFICOLA FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT; OR
  2. ONE HUNDRED U.S. DOLLARS ($100).

These limitations apply regardless of the legal theory and even if a remedy fails its essential purpose.

They do not apply where liability cannot lawfully be excluded or limited.

37. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless TraffiCola and its owners, officers, employees, contractors, affiliates, licensors, and service providers from claims, damages, losses, liabilities, penalties, costs, and reasonable attorneys’ fees arising from:

  • Your User Content;
  • Your use of Generated Output;
  • Your connected accounts;
  • Your publication or advertising activities;
  • Your violation of these Terms;
  • Your violation of law;
  • Your violation of platform rules;
  • Your infringement of third-party rights;
  • Your marketing claims;
  • Your failure to obtain licenses, releases, or permissions; or
  • Activity conducted through your account.

TraffiCola may control the defense of a covered claim. You agree to reasonably cooperate.

This section does not require a consumer to indemnify TraffiCola where prohibited by applicable law.

38. Informal Dispute Resolution

Before filing arbitration or litigation, the complaining party must send a written dispute notice describing:

  • The party’s name and contact information;
  • The relevant account;
  • The facts giving rise to the dispute;
  • The legal or contractual basis of the claim; and
  • The requested resolution.

Send notices to:

privacy@trafficola.com

Use the subject:

Legal Dispute Notice

The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt.

This requirement does not prevent either party from seeking urgent temporary injunctive relief when necessary to prevent immediate harm.

39. Binding Individual Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for disputes excluded below, any dispute arising from or relating to these Terms or the Services that is not resolved informally will be resolved through binding individual arbitration.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

Arbitration will be administered by the American Arbitration Association under the applicable Consumer Arbitration Rules or Commercial Arbitration Rules, depending on the nature of the transaction.

The arbitration may be conducted by video, telephone, written submissions, or in person as determined under the applicable rules.

The arbitrator may award the same individual remedies available in court, subject to these Terms and applicable law.

Judgment on the award may be entered in any court with jurisdiction.

40. Arbitration Exceptions

Either party may bring an individual action in small-claims court if the claim qualifies.

Either party may seek temporary or preliminary injunctive relief in court to:

  • Protect intellectual property;
  • Prevent unauthorized access;
  • Stop misuse of credentials;
  • Address a security threat; or
  • Prevent immediate and irreparable harm.

Government agencies may enforce rights within their lawful authority.

41. Class-Action and Jury-Trial Waiver

DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

You and TraffiCola waive the right to:

  • Participate in a class action;
  • Bring a representative action;
  • Serve as a private attorney general;
  • Consolidate unrelated claims without consent; or
  • Have a covered dispute decided by a jury.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

If applicable law prohibits enforcement of part of this waiver for a particular claim, that claim will proceed in court after all arbitrable claims are completed.

42. Arbitration Opt-Out

You may opt out of the arbitration agreement by emailing:

privacy@trafficola.com

Use the subject:

Arbitration Opt-Out

The notice must be sent within 30 days after you first accept these Terms and must include:

  • Your full name;
  • The email associated with your account; and
  • A clear statement that you are opting out of arbitration.

Opting out of arbitration does not affect the remaining Terms.

43. Governing Law and Venue

These Terms are governed by the laws of the State of Nevada and applicable federal law, without regard to conflict-of-law principles.

For disputes not subject to arbitration, you and TraffiCola consent to exclusive jurisdiction and venue in the state or federal courts located in Clark County, Nevada.

If mandatory consumer law in your place of residence provides rights that cannot be waived, those rights remain effective.

44. Electronic Communications

You consent to receive agreements, notices, disclosures, receipts, and other communications electronically.

Electronic communications may be delivered through:

  • Email;
  • Your account;
  • The Services;
  • Website notices; or
  • Other electronic methods.

You agree that electronic records satisfy legal writing and delivery requirements to the extent permitted by law.

You are responsible for maintaining an active email address and checking communications related to your account.

45. Changes to the Services or Terms

We may update these Terms to reflect:

  • New features;
  • Legal requirements;
  • Platform requirements;
  • Security changes;
  • Pricing changes;
  • Operational changes; or
  • Changes to our business.

We will update the “Last Updated” date and provide additional notice where required.

Material changes apply prospectively unless law requires otherwise.

Your continued use after updated Terms become effective constitutes acceptance.

If you do not agree to updated Terms, you must stop using the Services.

46. Force Majeure

TraffiCola is not liable for delay or failure caused by events beyond reasonable control, including:

  • Natural disasters;
  • Fire;
  • War;
  • Terrorism;
  • Civil unrest;
  • Labor disputes;
  • Government action;
  • Internet or utility failures;
  • Cyberattacks;
  • Hosting failures;
  • Platform outages;
  • API suspension;
  • Epidemics; or
  • Supply-chain disruptions.

47. Assignment

You may not assign or transfer these Terms without TraffiCola’s written consent.

TraffiCola may assign these Terms as part of a merger, reorganization, financing, sale of assets, change of control, or transfer of the applicable Services.

48. Independent Parties

These Terms do not create an employment, partnership, franchise, fiduciary, joint-venture, or agency relationship between you and TraffiCola.

You have no authority to bind TraffiCola.

49. No Third-Party Beneficiaries

Except where expressly stated, these Terms do not create rights for third parties.

50. Severability

If a provision is found invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.

If the class-action waiver is found unenforceable for a particular claim, the arbitration provisions will be applied as permitted by law.

51. Waiver

A failure to enforce a provision is not a waiver of the right to enforce it later.

A waiver must be in writing and applies only to the specific situation identified.

52. Entire Agreement

These Terms, the Privacy Policy, applicable purchase terms, order forms, product-specific terms, and expressly incorporated policies constitute the entire agreement concerning the Services.

If an order form or product-specific agreement conflicts with these Terms, the more specific agreement controls for that subject.

53. Headings and Interpretation

Headings are for convenience and do not limit the meaning of a section.

Words such as “including” mean “including without limitation.”

Singular terms include the plural where appropriate.

54. Contact Information

For questions about these Terms or the Services, contact:

TraffiCola™ Customer Service

Email: privacy@trafficola.com
Customer Service Direct: +1 (702) 664-1438
Website: https://trafficola.com

For formal disputes, use the subject line:

Legal Dispute Notice

For arbitration opt-outs, use:

Arbitration Opt-Out

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