Effective Date: 1 May 2024

These Terms of Service (“Terms”) govern the operation and use of the TSP-Operator application as this is made available by ADME dba TheSoul Publishing, its subsidiaries and its affiliates. “ADME”, “TheSoul Publishing”, “we”, “us” or “our” means the entity operating the application (“Application”), which is ADME (CY) LTD, a company organised under the laws of Cyprus, located at office 101, 62 Agiou Athanasiou Avenue, Limassol, 4102, Cyprus. The person using the Application is referred to "user", “you” and “your”.

1. Definitions
   1. “Application” means the application available at https://tsp-operator.thesoul-publishing.com/
   2. “Partner Terms” means YouTube's Terms of Service available at https://www.youtube.com/t/terms.
   3. "API Client" means the functionality of the Application developed by us that accesses or uses API services including but not limited to YouTube API Services, or other API services;
   4. "YouTube API Services" means (i) the YouTube API services (e.g., YouTube API service and YouTube reporting API service) made available by YouTube including those YouTube API services made available on the YouTube developer site, (ii) documentation, information, materials, sample code and software (including any human-readable programming instructions) relating to YouTube API services that are made available on YouTube developers website or by YouTube.
   5. "TSP CMS" refers to TheSoul Publishing's internal content management system, which streamlines the content creation process and facilitates content storage management.
2. The Application. We have developed the Application to allow users to upload, edit, delete videos in YouTube Studio directly from CMS, and access detailed information about posted videos for monitoring and tracking performance
3. Standard of Conduct. When using the Application, we will process all collected data with the highest degree of respect and professionalism.
4. Prohibited Activities. The Application shall and will not be used in any of the following activities:
   1. Violating any applicable laws or regulations.
   2. Accessing or using the Application in any manner that could damage, disable, overburden, or impair the Application or interfere with any other party’s use and enjoyment of the Application.
   3. Attempting to gain unauthorized access to any portion of the Application or any systems or networks connected to the Application.
   4. Modifying, adapting, translating, or reverse-engineering any part of the Application.
   5. Using any automated system or software to extract data from the Application without prior written consent from ADME.
5. Data Collection and Usage. The Application may collect and process certain data and information from your YouTube account, including but not limited to, video analytics, channel statistics, user engagement metrics and posts’ details ("Data"). By using the Application, you grant ADME the right to collect, store, process the Data for the purpose of providing you with the Application's functionalities and improving its services. ADME will handle your Data in accordance with its Privacy Notice available here.
6. Data Ownership. You retain ownership of all Data provided by you through the Application. ADME does not claim ownership of any Data.
7. Intellectual Property. The Application, including all its content, features, and functionality, is owned by ADME and is protected by intellectual property laws. You acknowledge and agree that ADME retains all right, title, and interest in and to the Application. All trademarks, service marks, logos, and trade names displayed in connection with the Application are the property of their respective owners. You are not granted any right or license to use any of these trademarks.
8. Disclaimer. The Application is provided on an "as-is" and "as available" basis. ADME makes no representations or warranties of any kind, express or implied, regarding the Application's accuracy, availability, reliability, or fitness for a particular purpose. We reserve the right, at any time and without prior notice, to stop the operation of the Application in order to carry out any standard or non-standard maintenance works, rectify errors or make improvements.
9. Limitation of Liability. To the maximum extent permitted by applicable law, ADME shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use the Application, even if ADME has been advised of the possibility of such damages.
10. Termination. We may, in our sole discretion, terminate or suspend your access to the Application at any time and for any reason, including, without limitation, if there is violation of breach of these Terms. The Application may be stopped by the user at any time.
11. Indemnification. You agree to indemnify, defend, and hold us harmless and our officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in connection with:
    1. Your use of the Application;
    2. Any violation of these Terms by you;
    3. Any violation of applicable laws or regulations by you;
    4. Any infringement or misappropriation of intellectual property rights or other rights of any third party caused by your use of the Application; and
    5. Any information provided by you through the Application.
    We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate with ADME's defense of such claims.
12. Miscellaneous.
    1. Entire Agreement. These Terms constitute the entire agreement between you and ADME regarding your use of the Application, superseding any prior agreements or communications.
    2. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus. You and we irrevocably submit to the exclusive jurisdiction of courts in the Republic of Cyprus in respect of any claim or dispute arising out of or in connection with these Terms.
    3. Voidability and Severability. These Terms are severable. If a clause herein is declared voidable, illegal or unenforceable by a court or body of competent jurisdiction, the remainder of these Terms shall not thereby fail or be rendered void, but shall continue in full force and effect, with only the illegal or unenforceable provision rendered null and void and severed from these Terms.