Avail by Zestworld — Terms of Service
Last Updated: August 19, 2025
1) Overview
These Terms of Service (“Terms”) govern your access to and use of Avail by Zestworld (“Avail,” “we,” “us,” or “our”), including our website, application, dashboards, and related services (collectively, the “Service”). By accessing or using the Service, you agree to these Terms and to our Privacy Policy.
YouTube Terms of Service. Parts of the Service use YouTube API Services. By using those features, you also agree to be bound by the YouTube Terms of Service.
2) Eligibility & Accounts
You must be at least 13 years old (or the age of digital consent where you live) and able to enter a binding contract. You are responsible for safeguarding your account credentials and are liable for activities under your account.
3) Third‑Party Services
The Service may integrate with third‑party services (e.g., Google/YouTube). Your use of those services is governed by their terms and policies, including the YouTube Terms of Service referenced above.
4) License & Acceptable Use
We grant you a limited, revocable, non‑exclusive, non‑transferable license to use the Service for its intended purpose. You agree not to: (a) misuse or interfere with the Service; (b) attempt to access other users’ data; (c) reverse engineer or circumvent security; (d) export, cache, or use data in violation of law or third‑party terms; or (e) resell or commercially exploit the Service except as expressly permitted by us.
5) Ownership
We and our licensors own the Service and all intellectual property therein. You retain rights to content you submit to the Service. You grant us the licenses necessary to host, process, and display such content as needed to operate the Service.
6) Feedback
If you submit feedback or suggestions, you grant us a royalty‑free, worldwide, perpetual license to use them without restriction.
7) YouTube API Services – Data Use Addendum
This section applies to features that access or use YouTube API Services.
7.1 Definitions
· “YouTube API Data”: data returned from YouTube API Services (including the YouTube Data API, YouTube Analytics API, and YouTube Reporting API).
· “Authorized Data”: YouTube API Data we access with your explicit permission (e.g., when you connect your Google/YouTube account).
· “Non‑Authorized Data”: YouTube API Data we access without account authorization (e.g., public stats for channels you do not control).
· “Statistics”: counts such as views, likes, subscribers, and video/playlist counts.
7.2 Tokens
We may store Google OAuth tokens only as long as necessary to operate the Service and solely for the specific purposes you consented to.
7.3 Storing, Refreshing, and Deleting YouTube API Data
· Statistics retention (30‑day rule). We will not display or store YouTube statistics (e.g., views, likes, subscribers, video/playlist counts) for more than 30 calendar days without refreshing them via YouTube API Services. After 30 days, we will delete or refresh such statistics before further display.
· Authorization checks. Where you’ve connected your account, we verify at least every 30 days that (a) our authorization remains valid and (b) referenced resources (channels/videos/playlists) still exist. If authorization is revoked or a resource is removed, we will stop using and delete the affected data.
· Consistency & freshness. We use reasonable efforts to keep stored YouTube API Data consistent with current data and will display the most up‑to‑date data available. Historical values, if shown, will include a clear “as of” timestamp.
· Reports, dashboards & exports. Reports or dashboards containing YouTube API Data will expire or be refreshed in accordance with this Section 7. If refresh is required and not performed, we may hide or remove access to stale items, or clearly label them with their as‑of date until refreshed.
7.4 No Substitution or Derived Metrics
We will not (i) substitute YouTube API Data with independent numbers, or (ii) use YouTube API Data to create new or derived metrics (e.g., scores or percentages) based on YouTube API Data. We may display our own independent metrics alongside YouTube API Data, but we will clearly label those as “calculated by Avail (not from YouTube)” and present YouTube counts as returned by the API.
7.5 Embedded Player, Autoplay, and “Made for Kids”
· When the YouTube embedded player loads/plays, some data is exchanged with Google for playability, fraud/abuse prevention, and personalization. Autoplay is off by default to limit pre‑interaction collection.
· For videos designated Made for Kids, we disable tracking in the player and ensure compliance with applicable laws (e.g., COPPA, and where applicable GDPR).
7.6 Deletion Requests & Revocation
You can request deletion of stored data related to you via in‑product controls or by contacting us. We will delete such data as soon as possible and within 7 days. If you revoke access in your Google Account permissions or delete your Avail account, we will stop access and delete related stored data within 7 days.
7.7 Priority of Terms
If this Addendum conflicts with YouTube terms or policies, the YouTube terms control regarding YouTube API Data and use of YouTube API Services.
8) Term, Suspension & Termination
We may suspend or terminate your access if you breach these Terms, create risk, or as required by law or third‑party platform policies. You may stop using the Service at any time.
9) Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.
10) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY FOR CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS YOU PAID TO US IN THE 3 MONTHS BEFORE THE CLAIM AROSE.
11) Indemnity
You will indemnify and hold Avail and its affiliates harmless from claims arising out of your use of the Service, your content, or your breach of these Terms.
12) Changes to the Service and Terms
We may update the Service and these Terms. If we make material changes, we’ll notify you by posting to the site or via email. Changes apply prospectively from the effective date.
13) Governing Law; Disputes
These Terms are governed by the laws of the State of New York, without regard to conflicts of laws. Disputes will be resolved in the state or federal courts located in New York County, NY, and the parties consent to personal jurisdiction there.
Optional: If you prefer arbitration, replace this section with your arbitration clause.
14) Contact
Chris Giliberti
333 Schermerhorn St, Brooklyn, NY 11217
Email: support@itsavail.com
By using our service, you agree to these Terms of Service. For questions, please contact our legal team.