Terms of Service

1. Acceptance of Terms

By accessing or using Tyga.Agency's SaaS software development and professional services, website, developed applications, or any related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services.

2. Definitions

• "Services" means all of Tyga.Agency's real-time communication platform, APIs, SDKs, WebSocket services, websites, applications, and related tools.
• "Developer" means an individual or entity with a registered Tyga.Agency developer account who integrates our Services into their applications.
• "End User" means a person who uses applications or services that utilize Tyga.Agency infrastructure but does not have direct access to our developer tools.
• "API" means Application Programming Interface, the set of protocols and tools for building software applications that interact with our Services.
• "WebSocket" means the communication protocol that provides full-duplex communication channels over a single TCP connection.
• "Real-time Data" means messages, events, notifications, and other data transmitted through our platform in real-time.
• "SDK" means Software Development Kit, the collection of software development tools provided by Tyga.Agency.
• "Application" means any software application, website, or service that integrates with or uses Tyga.Agency Services.

3. Platform Services

Tyga.Agency provides a comprehensive real-time communication platform that includes:

• WebSocket Infrastructure: Scalable WebSocket connections for real-time bidirectional communication
• Pub/Sub Messaging: Publish-subscribe messaging patterns for event-driven architectures
• Real-time APIs: RESTful and WebSocket APIs for integrating real-time features
• Message Broadcasting: One-to-many and many-to-many message distribution
• Channel Management: Dynamic channel creation, subscription, and management
• Authentication & Authorization: Secure access control and user authentication systems
• Analytics & Monitoring: Real-time analytics, usage metrics, and system monitoring
• SDKs & Libraries: Client libraries for various programming languages and platforms
• Global Edge Network: Worldwide infrastructure for low-latency communication

4. Developer Accounts and Registration

Account Creation

To access our developer platform and APIs, you must create a developer account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

Account Security

You are responsible for safeguarding your API keys, authentication tokens, and account credentials. You must immediately notify us of any unauthorized use of your account, API keys, or any other breach of security. You are fully responsible for all activities that occur under your account.

Organization Accounts

If you create an account on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization.

API Keys and Authentication

Upon account creation, you will receive API keys and authentication credentials. These credentials are confidential and must not be shared with unauthorized parties. You are responsible for all usage associated with your API keys.

5. Acceptable Use Policy

You agree not to use the Services to:

• Violate any applicable laws, regulations, or third-party rights
• Transmit any harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
• Impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Services, servers, or networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services or any other systems or networks
• Use the Services to send spam, unsolicited messages, or engage in any form of harassment
• Reverse engineer, decompile, or disassemble any part of the Services
• Use the Services for cryptocurrency mining or any resource-intensive operations not related to real-time communication
• Exceed rate limits or attempt to circumvent usage restrictions
• Share API keys or authentication credentials with unauthorized parties
• Use the Services to build competing real-time communication platforms

6. API & WebSocket Services

API Usage

By using our APIs, you acknowledge and agree that:

• You will comply with all API documentation, rate limits, and usage guidelines
• You are responsible for ensuring your applications handle API responses and errors appropriately
• You will implement proper authentication and security measures in your applications
• You understand that API availability and performance may vary based on network conditions and system load

WebSocket Connections

WebSocket connections and real-time messaging are subject to the following terms:

• Connection limits and concurrent user restrictions apply based on your subscription plan
• You are responsible for managing connection lifecycle and implementing reconnection logic
• Message size limits and rate limits apply to prevent system abuse
• We may terminate connections that violate usage policies or exceed resource limits

Data Transmission

When transmitting data through our Services:

• You retain ownership of your application data and messages
• You are responsible for ensuring data transmitted complies with applicable laws and regulations
• We may temporarily store messages for delivery purposes but do not permanently retain message content
• You must implement appropriate encryption for sensitive data

Service Availability

We strive to provide reliable real-time communication services with:

• 99.9% uptime SLA for paid plans (subject to Service Level Agreement)
• Global edge network for low-latency connections
• Automatic failover and redundancy systems
• Scheduled maintenance windows with advance notice

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your Personal Data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

Data Processing

For real-time communication services, we process various types of data including:

• API requests and responses for service delivery
• WebSocket connection metadata and session information
• Message routing and delivery information (not message content)
• Usage analytics and performance metrics
• Authentication and authorization data
• Billing and subscription information

Data Retention

We retain data only as necessary to provide Services and comply with legal obligations. Message content is not permanently stored, and connection logs are retained for operational purposes only.

8. Payment Terms

Subscription Plans

Our Services are offered through various subscription plans based on usage tiers, connection limits, and feature access. By subscribing to a paid plan, you agree to pay the applicable fees as described on our pricing page.

Usage-Based Billing

• Charges may be based on concurrent connections, message volume, or API requests
• Usage is measured and billed according to your subscription plan
• Overage charges may apply if you exceed plan limits
• Billing cycles are monthly or annual as selected during subscription

Payment Processing

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are non-refundable except as expressly stated in these Terms
• We may change our pricing with 30 days' advance notice
• Failed payments may result in service suspension or termination
• You are responsible for all taxes associated with your use of the Services

Free Tier and Trials

We may offer free tier access or trial periods for certain subscription plans. Free tiers have usage limitations, and trials automatically convert to paid subscriptions unless cancelled before the trial period ends.

9. Intellectual Property Rights

Our Rights

The Services and all materials therein, including software, APIs, SDKs, documentation, images, text, graphics, logos, patents, trademarks, service marks, copyrights, and other intellectual property, are owned by Tyga.Agency or our licensors and are protected by intellectual property laws.

Your Rights

You retain ownership of any applications, content, or data you create using our Services. By using our Services, you grant us a limited, non-exclusive, royalty-free license to process and transmit your data solely to provide the Services.

License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use our APIs, SDKs, and Services solely for the purpose of developing and operating your applications.

Feedback

Any feedback, suggestions, or ideas you provide to us regarding the Services may be used by us without any obligation to compensate you.

10. Service Level Agreement

Uptime Commitment

For paid subscription plans, we commit to maintaining 99.9% uptime for our core Services, measured monthly. Uptime excludes scheduled maintenance windows and circumstances beyond our reasonable control.

Performance Standards

• API response times under normal load conditions
• WebSocket connection establishment within reasonable timeframes
• Message delivery with minimal latency through our global network
• Automatic failover and redundancy systems

Service Credits

If we fail to meet our uptime commitment, you may be eligible for service credits as outlined in our detailed Service Level Agreement document, available upon request for enterprise customers.

11. Disclaimers and Limitations

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ODDSOCKETS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

Maximum Liability

Our total liability to you for all claims arising from or relating to these Terms or the Services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Tyga.Agency and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

13. Termination

Termination by You

You may terminate your developer account at any time by following the account closure process in your account settings or by contacting our support team.

Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms, exceed usage limits, or engage in prohibited activities.

Effect of Termination

Upon termination, your right to use the Services will cease immediately. We may delete your account and all associated data, though we may retain certain information as required by law or for legitimate business purposes. All API keys will be immediately revoked.

14. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

Arbitration

Any dispute arising from these Terms or your use of the Services shall be resolved through binding arbitration. You waive any right to a jury trial or to participate in a class action lawsuit.

15. General Provisions

Changes to Terms

We may modify these Terms at any time. If we make material changes, we will provide you with advance notice through email or platform notifications. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

Severability

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

Entire Agreement

These Terms constitute the entire agreement between you and Tyga.Agency regarding the use of the Services and supersede all prior agreements and understandings.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions.