Terms of Service

Effective Date: August 10, 2026

Service: 360Analytics Provider: Amalgam Partners ("Amalgam Partners," "we," "us," or "our") Contact: contact@amalgampartners.com

These Terms of Service ("Terms") govern access to and use of 360Analytics (the "Service"), a dashboard and analytics platform provided by Amalgam Partners. By creating an account, accessing, or using the Service, the entity or individual agreeing to these Terms ("Customer," "you," or "your") agrees to be bound by them. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, in which case "you" refers to that entity.

If you do not agree to these Terms, do not access or use the Service.

1. Eligibility

The Service is intended for business use by companies, marketers, agencies, and other professional users. You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you represent that you meet these requirements.

2. The Service

360Analytics provides a dashboard that aggregates and displays analytics data, which may include data retrieved from third-party platforms and APIs (such as TikTok and other social media or advertising platforms) that you connect to your account ("Connected Platforms"). Features, integrations, and data sources available through the Service may change over time.

3. Accounts

3.1 Registration. To use the Service, you must create an account and provide accurate, current, and complete information. You are responsible for keeping this information up to date.

3.2 Security. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at contact@amalgampartners.com of any unauthorized use of your account.

3.3 Authorized Users. If you permit employees, contractors, or other individuals ("Authorized Users") to access the Service under your account, you are responsible for their compliance with these Terms.

4. Third-Party Platforms and Connected Data

4.1 Your Authorization. When you connect a third-party platform (e.g., TikTok) to 360Analytics, you authorize us to access and retrieve data from that platform on your behalf via APIs, using credentials or tokens you provide or approve through an OAuth or similar authorization flow.

4.2 Compliance with Third-Party Terms. You are responsible for ensuring that your use of any Connected Platform, and your authorization for 360Analytics to access it, complies with that platform's own terms of service, developer policies, and API usage agreements (including, for example, TikTok's Developer Terms of Service and API Terms). Amalgam Partners does not control and is not responsible for the policies, availability, or data practices of third-party platforms.

4.3 No Endorsement or Guarantee of Availability. Connected Platforms may change, restrict, suspend, or discontinue API access at any time, which may limit or disable related features of the Service. Amalgam Partners is not liable for any interruption, inaccuracy, or loss of data resulting from changes made by a third-party platform.

4.4 Revocation. You may disconnect a Connected Platform at any time through your account settings. Disconnecting will stop future data retrieval from that platform but does not automatically delete previously retrieved data unless you separately request deletion.

5. Fees and Payment

If the Service is offered under a paid subscription, fees, billing cycle, and payment terms will be set out in an order form, invoice, or account plan presented to you at signup or upgrade. Except as required by law or expressly stated otherwise, fees are non-refundable. We may change pricing on a going-forward basis with reasonable advance notice.

6. Customer Data

6.1 Ownership. As between you and Amalgam Partners, you retain all rights to the data you upload, connect, or generate through your use of the Service, including data retrieved from Connected Platforms ("Customer Data").

6.2 License to Us. You grant Amalgam Partners a limited license to access, process, store, and display Customer Data solely to provide, maintain, and improve the Service.

6.3 Data Protection. We will implement reasonable administrative, technical, and physical safeguards designed to protect Customer Data. Details on how we collect, use, and protect data, including data from Connected Platforms, are described in our Privacy Policy.

6.4 Aggregated/De-identified Data. We may use aggregated or de-identified data derived from use of the Service for analytics, benchmarking, and Service improvement, provided such data does not identify you or any individual.

7. Acceptable Use

You agree not to:

• Use the Service in violation of any applicable law or regulation, or the terms of any Connected Platform;

• Access or attempt to access accounts, data, or systems you are not authorized to access;

• Reverse engineer, decompile, or attempt to derive the source code of the Service, except where prohibited by law;

• Use the Service to build a competing product or to scrape or resell data obtained through the Service in violation of a Connected Platform's terms;

• Introduce malware, interfere with the Service's operation, or attempt to circumvent rate limits or security controls;

• Misrepresent your identity or authorization when connecting a third-party platform.

We may suspend or terminate access for violations of this section.

8. Intellectual Property

The Service, including its software, design, dashboards, and underlying technology, is owned by Amalgam Partners or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted to use the Service, no other rights are granted to you.

9. Confidentiality

Each party may receive non-public information from the other ("Confidential Information"). Each party agrees to use the other's Confidential Information only to perform its obligations under these Terms and to protect it with the same degree of care it uses for its own confidential information, but no less than reasonable care. This section does not apply to information that is public, independently developed, or required to be disclosed by law.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY OF DATA. AMALGAM PARTNERS DOES NOT WARRANT THAT DATA RETRIEVED FROM CONNECTED PLATFORMS WILL BE ACCURATE, COMPLETE, OR UNINTERRUPTED, AS THIS DEPENDS IN PART ON THIRD PARTIES OUTSIDE OUR CONTROL.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMALGAM PARTNERS AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE. AMALGAM PARTNERS' TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

[The liability cap and carve-outs should be reviewed by counsel and tailored to your risk tolerance and any negotiated customer contracts.]

12. Indemnification

You agree to indemnify and hold harmless Amalgam Partners from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service in violation of these Terms; (b) your violation of any Connected Platform's terms; or (c) Customer Data you provide, to the extent it infringes or misappropriates a third party's rights.

13. Term and Termination

13.1 Term. These Terms remain in effect while you use the Service.

13.2 Termination for Convenience. You may stop using the Service and close your account at any time. We may suspend or terminate your access for any reason with reasonable notice, or immediately for a material breach of these Terms.

13.3 Effect of Termination. Upon termination, your right to access the Service ends. Sections that by their nature should survive (including Sections 8–12 and 14–15) will survive termination.

14. Governing Law and Disputes

These Terms are governed by the laws of the United States and New York, the state in which Amalgam Partners is incorporated or headquartered, without regard to conflict-of-law principles. Any disputes will be resolved in the state or federal courts located in that state, and both parties consent to personal jurisdiction there, unless the parties agree in writing to arbitration or another dispute resolution mechanism.

15. Changes to These Terms

We may update these Terms from time to time. If changes are material, we will provide reasonable notice (for example, by email or an in-product notice) before they take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. General Provisions

16.1 Entire Agreement. These Terms, together with any order form, Privacy Policy, and referenced policies, constitute the entire agreement between you and Amalgam Partners regarding the Service.

16.2 Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.

16.3 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.4 No Waiver. Failure to enforce a provision is not a waiver of our right to do so later.

16.5 Force Majeure. Neither party is liable for delays or failures due to causes beyond its reasonable control.

16.6 Notices. Notices to Amalgam Partners should be sent to contact@amalgampartners.com.

17. Contact

Questions about these Terms can be directed to:

Amalgam Partners contact@amalgampartners.com