Legal
Terms of Use
The short version
- Be kind. Abuse in any language is blocked, and accounts that keep trying can be suspended.
- You own what you post. You give us permission to show it on the service.
- Creators are responsible for their videos and for how they use commenters' details.
- Paid plans and creator earnings have their own extra terms, linked below.
- New Zealand law applies, and your consumer rights stay in place.
1. About these terms
These Terms of Use ("Terms") are an agreement between you and [Company legal name] ("we", "us", "our"), a business based in New Zealand that runs Your Comments (the "Service") at https://www.yourcomments.app. By opening an account, posting a comment or otherwise using the Service, you agree to these Terms, our Community Guidelines and our Privacy Policy. If you do not agree, please do not use the Service.
If you are a creator, the Payments, Refunds & Cancellation and Creator Earnings Terms also apply to you.
2. What the Service does
Your Comments lets creators link their videos (for example on YouTube or Instagram) to a comment page with a video number, a short code and a QR code. Viewers find the video and leave comments. We automatically block abusive language, give comments and commenters a positivity score, and help creators find positive commenters and unique ideas.
Your Comments is an independent service. It is not made by, endorsed by or connected with YouTube, Google, Instagram, Meta or Apple.
3. Who can use it
- You must be at least 13 years old. If you are under 16, you need permission from a parent or guardian, and they agree to these Terms for you.
- To be a creator, or to request a payout, you must be at least 18 years old (or have a parent or guardian accept these Terms and the Creator Earnings Terms for you).
- You must not use the Service if we have previously blocked you, or if the law where you live does not allow it.
4. Accounts
- Some features work as a guest. Others need an account (commenter or creator). Creator accounts may need our approval before they are active.
- Give accurate details and keep your password private. You are responsible for what happens under your account. Tell us straight away at [Contact email] if you think someone else has used it.
- If you sign in with Google or Apple, their terms also apply to that sign-in.
- One person, one account of each type, unless we agree otherwise.
5. Your content
"Content" means anything you post or provide: comments, names, handles, video titles, links, questions and reports.
- You keep ownership. You own your Content.
- Permission you give us. You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, display, analyse (including by our abuse filter and scoring), and show your Content on the Service, and to let the relevant creator see and export comments made on their videos. This licence ends when your Content is deleted from the Service, except for copies we must keep by law, for safety, or in backups that are deleted on their normal cycle.
- Your promises. You have the right to post your Content, and it follows our Community Guidelines and the law, including the Harmful Digital Communications Act 2015.
- Comments are public. Comments, your display name and handle can be seen by anyone who opens the video page. Anything you put in the optional "email or phone" field is shown only to the creator of that video.
6. Extra rules for creators
- You may only link videos you own or have the right to promote.
- You can see, sort, shortlist, contact and export the commenters on your videos. You must use their details only to engage with your own audience, in line with the New Zealand Privacy Act 2020 and any other privacy law that applies to you, and you must not sell them or use them for spam.
- Your video titles and questions must follow the Community Guidelines.
- Paid plans and earnings are covered by the Payments, Refunds and Creator Earnings Terms.
7. Moderation and automated decisions
We use an automated filter that checks for abusive words in English, Hindi, Hinglish and other languages, including disguised spellings. It also gives comments a sentiment and "idea" score. These tools are helpful but not perfect: some abusive content may slip through, and some fair comments may be blocked by mistake. Creators and users can report comments, and we review reports.
We may remove or hide Content, limit features, or suspend or close an account if we reasonably believe it breaks these Terms, the Community Guidelines or the law, or puts others at risk. Where it is safe and practical, we will tell you why. If you think we got it wrong, email [Contact email] and a person will look at it again.
8. Things you must not do
- Break the Community Guidelines.
- Try to get around the abuse filter, rate limits, bans or anti-fraud checks.
- Create fake visits, use bots, buy traffic, or otherwise inflate views, comments, scores or earnings.
- Scrape, copy or collect other users' data without permission, or use the Service to send spam.
- Attack, overload, reverse-engineer or test the security of the Service without our written permission.
- Pretend to be someone else, or suggest that we endorse you.
9. Our property
The Service, including its software, design, logo and the name "Your Comments", belongs to us or our licensors. You may use it only as these Terms allow. If you send us ideas or feedback, we may use them without paying you.
10. Other websites and services
Video pages may show embedded players or links from YouTube, Instagram or other sites. Those sites have their own terms and privacy policies, and we are not responsible for them.
11. Changes and availability
We are improving the Service all the time and may add, change or remove features. We try to keep it running but cannot promise it will always be available or error-free. We will give reasonable notice before we remove a paid feature you are using.
12. Your consumer rights
If you use the Service as a consumer in New Zealand, you have rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 that cannot be excluded. Nothing in these Terms limits those rights.
If you use the Service for the purposes of a business (for example, as a creator running a channel as a business), you agree that, to the extent the law allows, the Consumer Guarantees Act 1993 does not apply, and that it is fair and reasonable for the parties to be bound by this clause.
13. Limits on our responsibility
To the extent permitted by law:
- The Service is provided "as is". We do not promise any particular number of views, comments or earnings.
- We are not responsible for Content posted by users or creators, or for losses caused by events outside our reasonable control.
- We are not liable for indirect or consequential loss, or for loss of profits, revenue, data or goodwill.
- Our total liability to you for all claims in any 12-month period is limited to the greater of the amount you paid us in that period and NZ$100.
These limits do not apply where the law does not allow them to, including your rights under the Consumer Guarantees Act 1993 if you are a consumer.
14. If you break these Terms
If you use the Service for a business and you break these Terms or the law, you agree to cover our reasonable losses and costs caused by that breach, including claims made by others about your Content.
15. Ending your use
You can stop using the Service at any time and ask us to delete your account by emailing [Contact email]. We may suspend or close accounts as explained in section 7. Sections that by their nature should continue (for example sections 5, 9, 12 to 14 and 17) continue after your account ends.
16. Changes to these Terms
We may update these Terms from time to time. If a change is important, we will tell you on the Service or by email before it takes effect. The effective date at the top shows the latest version. If you keep using the Service after a change takes effect, the new Terms apply.
17. Law and disputes
These Terms are governed by the laws of New Zealand. If there is a problem, please contact us first and we will try to sort it out. If we cannot, the courts and tribunals of New Zealand (including the Disputes Tribunal) have jurisdiction. If you live outside New Zealand, you may also have rights under the law of your own country that cannot be excluded.
18. Contact
[Company legal name], [Registered address in New Zealand]. Email: [Contact email].