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Terms of Service

Last Updated: December 4, 2025

Welcome to TubeSurge by KEXY. These Terms of Service ("Terms") govern your use of our website and services. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Services Overview

TubeSurge by KEXY provides done-for-you YouTube channel management services, including but not limited to:

• Professional video filming and production
• AI avatar creation using advanced technology
• Script writing and content creation
• Video editing and post-production
• YouTube Shorts creation
• Thumbnail design
• YouTube SEO optimization
• Complete channel management and publishing

2. Service Agreement and Commitment

Initial Commitment

All service plans require a minimum 3-month commitment. This commitment period is necessary to:

• Establish your YouTube channel presence
• Create and optimize your AI avatar
• Publish consistent content
• Build audience engagement and channel authority
• Generate measurable results

After Initial Commitment

After the initial 3-month period, your plan will continue on a month-to-month basis. You may cancel at any time with 30 days' written notice.

3. Pricing and Payment

• Service fees are billed monthly in advance
• Payment is due on the first day of each billing cycle
• We accept major credit cards and ACH transfers
• All fees are non-refundable except as provided in our 30-Day Money-Back Guarantee
• Prices are subject to change with 30 days' notice
• Late payments may result in service suspension

4. 30-Day Money-Back Guarantee

We offer a 30-day money-back guarantee from your first payment. If you're not completely satisfied with:

• The quality of videos produced
• The realism of your AI avatar
• Our channel management services

You may request a full refund within 30 days of your initial payment. Refund requests must be submitted in writing. After the 30-day period, all payments are non-refundable, but you may cancel with 30 days' notice as outlined in Section 2.

5. Client Responsibilities

To ensure successful service delivery, you agree to:

• Attend the scheduled 2-hour professional filming session
• Provide access to your YouTube channel (via authorized delegation)
• Review and voice-record scripts in a timely manner (typically 5 minutes per video)
• Review and approve videos before publishing (within 72 hours of delivery)
• Provide necessary business information, brand guidelines, and industry context
• Respond to our communications within a reasonable timeframe
• Maintain good standing with YouTube's terms of service
• Ensure payment information is current and valid

6. Content Ownership and Rights

Your Content

You retain ownership of:

• Your original footage from the filming session
• Your voice recordings
• Your business information and brand assets

Our Deliverables

Upon full payment, you own:

• All final produced videos
• Custom thumbnails created for your channel
• Scripts written for your content

AI Avatar License

Your custom AI avatar is licensed exclusively to you for use on your YouTube channel during your active subscription. If you cancel services, you may continue using previously published videos, but we retain the right to the AI avatar technology and training data.

Portfolio Rights

You grant us permission to:

• Reference your company as a client
• Display samples of work created for you in our portfolio (with your approval)
• Use your testimonials and success metrics in marketing materials

7. Service Quality and Standards

We commit to:

• Delivering the number of videos specified in your plan
• Publishing content according to your agreed schedule
• Creating professional-quality AI avatars that accurately represent you
• Providing videos that meet YouTube's quality standards
• Responding to client inquiries within 2 business days
• Offering unlimited revisions within scope until you're satisfied

8. Limitations and Disclaimers

Results Not Guaranteed

While we provide professional services, we cannot guarantee specific results including:

• Number of views, subscribers, or engagement
• YouTube monetization approval
• Lead generation or revenue outcomes
• Video virality or algorithmic promotion

YouTube's algorithm and user behavior are outside our control. Success depends on multiple factors including content quality, industry, timing, and audience.

YouTube Compliance

All content created must comply with:

• YouTube's Terms of Service
• YouTube's Community Guidelines
• Applicable copyright and trademark laws
• Industry-specific regulations (financial, medical, legal advice disclaimers, etc.)

You are responsible for ensuring your content meets all legal and regulatory requirements for your industry.

9. Prohibited Uses

You may not use our services to create content that:

• Violates any laws or regulations
• Infringes on intellectual property rights
• Contains false, misleading, or deceptive information
• Promotes illegal activities, violence, or hate speech
• Contains adult, explicit, or inappropriate material
• Impersonates others without authorization
• Spreads misinformation or conspiracy theories

We reserve the right to refuse service or terminate agreements if content violates these terms.

10. Cancellation and Termination

By You

After the initial 3-month commitment, you may cancel by providing 30 days' written notice. You will be responsible for payment through the end of your notice period.

By Us

We reserve the right to terminate services immediately if:

• You fail to make timely payments
• You violate these Terms of Service
• You request content that violates our policies
• Your YouTube channel is terminated by YouTube
• You engage in abusive behavior toward our team

Upon Termination

Upon service termination:

• You retain all previously delivered content
• We will transfer YouTube channel access back to you
• Any work-in-progress will be delivered or refunded pro-rata
• Access to our systems and AI avatar technology will be revoked

11. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability shall not exceed the amount paid by you in the 3 months preceding any claim
• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not responsible for YouTube platform changes, downtime, or policy updates
• We are not liable for lost revenue, lost profits, or business opportunities

12. Indemnification

You agree to indemnify and hold harmless TubeSurge by KEXY, its owners, employees, and partners from any claims, damages, or expenses arising from:

• Your breach of these Terms
• Content you provide or request
• Your use of our services
• Violation of any laws or third-party rights

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email at least 30 days before they take effect. Your continued use of services after changes constitutes acceptance of the modified Terms.

14. Dispute Resolution

In the event of any dispute:

• First, contact us to resolve the issue informally
• If unresolved, disputes will be settled through binding arbitration
• Arbitration will be conducted in accordance with applicable arbitration rules
• You waive the right to participate in class action lawsuits

15. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and TubeSurge by KEXY
• Severability: If any provision is found invalid, the remaining provisions remain in effect
• No Waiver: Our failure to enforce any right does not constitute a waiver
• Assignment: You may not assign these Terms without our written consent
• Governing Law: These Terms are governed by applicable federal and state laws

16. Contact Information

For questions about these Terms of Service, please contact us:

TubeSurge by KEXY
Email: support@kexy.com
Website: www.tubesurge.com
Schedule a Call: Book Free Consultation

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