TERMS OF SERVICE

1. About Botan and These Terms

1. These Terms of Service ("Terms") constitute a legally binding agreement between Botan App Limited, a company incorporated under the laws of Cyprus, with its registered address at Archiepiskopou Makariou III, 95 Charitini Building, 1st floor, Flat/office 102, 1071 Nicosia, Cyprus, Cyprus ("Company", "we", "us", or "our") and the business entity using the Service ("Client" or "you").
2. These Terms govern the operation and use of our internal automation service (the “API Client”), which forms part of the Google Ads services we provide to the Client (the “Service”). Because the API Client is an internal tool operated solely by our own engineering team, these Terms set out the basis on which the service operates and the commitments we make regarding its use of Google API.
3. The Service is provided exclusively to business entities. By using our Service, you represent and warrant that you are authorized to enter into these Terms on behalf of a legal entity and that such entity agrees to be bound by these Terms. The Service is not intended for use by individuals acting in a personal capacity or by consumers.

2. Description of the Service

1. The API Client is an internal automation service that publishes  finished video files to YouTube channels that we own and/or operate via the videos.insert method of the YouTube Data API v3. It authenticates using OAuth 2.0, uploads each finished creative to the designated channel as an Unlisted video, and then uses the returned video identifier to create or update a Demand Gen ad group and video ad through the Google Ads API. Both API calls originate from our Service; YouTube and Google Ads do not communicate with each other directly.
2. The video creatives are produced in-house and are used solely as ad assets in Google Ads Demand Gen campaigns promoting the products of our Clients.

3. Scope and Limitations of Use

1. The API Client operates strictly within the following limits:

• Upload-only. It calls no read or discovery endpoints. It does not call videos.list, search.list, channels.list, commentThreads.list, captions, the YouTube Analytics API, or any other read or discovery endpoint.
• Own content and channels only. It publishes only content to channels that we own and/or operate. It does not access, list, aggregate, or display content, metadata, comments, or statistics belonging to any channel that we do not own and operate or video that we are not authorized to distribute.
• Internal only. It is not distributed to third parties, is not publicly accessible, and has no external end users. It is used exclusively by our MarTech automation engineering team.
• Advertising purpose only. Uploaded creatives are published as Unlisted videos, are not publicly searchable, and are usable only as ad assets.

4. Compliance with Third-Party Terms

1. In operating the API Client we comply with the YouTube Terms of Service, the YouTube API Services Terms of Service, the applicable Google Ads and Google API terms, and the Google API Services User Data Policy, including its Limited Use requirements. We also comply with the developer policies applicable to the YouTube Data API v3.

5. Acceptable Use

1. We operate the API Client solely for the lawful advertising purposes described above. We do not use it to upload content we are not authorized to distribute, to circumvent API quotas or technical limitations other than through the official quota-increase process, or to access or process data belonging to users, channels, or videos that we do not own.

6. Intellectual Property

1. All video creatives published through the API Client are original content owned by us or by the clients on whose behalf we act, who have authorized their use as advertising assets.
2. Nothing in these Terms transfers any ownership in Google’s or YouTube’s services, APIs, or trademarks.

7. Privacy

1. Our handling of data in connection with the API Client, including OAuth authorization data and its use of Google APIs, is described in our Privacy Policy, which forms part of these Terms. Our use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.

8. Disclaimers and Limitation of Liability

1. THE API CLIENT IS PROVIDED AND OPERATED ON AN “AS IS” BASIS FOR OUR INTERNAL ADVERTISING OPERATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOTAN DISCLAIMS ALL WARRANTIES NOT EXPRESSLY STATED HEREIN AND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE OPERATION OF THE SERVICE, SAVE WHERE SUCH LIABILITY CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

9. Changes to These Terms

1. We may update these Terms from time to time. Any changes will be posted at the URL where these Terms are published, with an updated effective date.

10. Governing Law

1. These Terms shall be governed by and construed in accordance with the laws of Cyprus, without regard to its conflict of law provisions.
2. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Cyprus.
3. Prior to initiating formal proceedings, the parties agree to attempt to resolve any dispute through good faith negotiation for a period of thirty (30) calendar days.

11. Contact Information

For inquiries regarding these Terms, please contact: finance@botanapp.com