Terms of Service

Effective Date: March 21, 2026

These Terms of Service ("Terms") govern your use of the HGL Content Engine application and related services ("Service") operated by Higher Ground Landscaping ("Company," "we," "us," or "our"), located in Oakland County, Michigan.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. Description of Service

The HGL Content Engine is an automated content management application that creates, processes, schedules, and publishes video content to social media platforms on behalf of Higher Ground Landscaping. The Service uses artificial intelligence to generate optimized captions, hashtags, and metadata for video content.

The Service integrates with the following third-party platforms through their official APIs:

• TikTok — via the TikTok Content Posting API and Login Kit for automated video publishing
• YouTube — via the YouTube Data API v3 for video uploads
• Other platforms — including Instagram, Facebook, and X (Twitter) as supported

2. Eligibility

You must be at least 18 years of age and have the legal authority to enter into these Terms. By using the Service, you represent and warrant that you meet these requirements.

3. User Accounts and Security

• You are responsible for maintaining the confidentiality of your account credentials and all connected social media account tokens.
• You agree to notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.
• You are responsible for all activity that occurs under your account.

4. TikTok Integration

The Service uses TikTok's official API to publish video content to your TikTok account. By connecting your TikTok account to the Service, you acknowledge and agree that:

• Your use of TikTok is subject to TikTok's Terms of Service and TikTok's Privacy Policy.
• You must comply with TikTok's terms at all times when using the Service to post content to TikTok.
• TikTok may revoke API access to the Service at any time, which may affect the Service's ability to publish content on your behalf.
• We comply with TikTok's Developer Guidelines and Brand Guidelines.
• We will not remove, obscure, or alter any TikTok watermarks on content originating from TikTok.
• We will not superimpose promotional watermarks on content posted to TikTok.

5. Content Posting and User Control

You maintain full awareness and control over content published through the Service:

• Content is only posted to your connected accounts after you have authorized the Service and configured your posting preferences.
• You are responsible for ensuring all content you publish through the Service complies with applicable laws and platform terms.
• You retain ownership of all content you create and publish through the Service.

You agree not to use the Service to post content that:

• Is defamatory, obscene, harassing, or threatening
• Infringes on intellectual property rights of any third party
• Violates applicable laws or regulations
• Contains misleading or deceptive claims
• Violates TikTok's Community Guidelines or any connected platform's content policies

6. Commercial Content Disclosure

If you use the Service to post branded, sponsored, or promotional content, you are responsible for properly disclosing the commercial nature of such content in accordance with TikTok's policies, FTC guidelines, and applicable advertising disclosure laws. The Service provides tools to help you include appropriate disclosures, but ultimate responsibility for compliance rests with you.

7. Music and Audio Usage

You are responsible for ensuring that any music, audio, or sound recordings included in content published through the Service are properly licensed and comply with TikTok's music usage policies. You agree not to use the Service to publish content containing unlicensed copyrighted audio.

8. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Interfere with or disrupt the Service or its associated servers and networks
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to spam, harass, or distribute unsolicited content
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Use the Service in a manner that violates any third-party platform's terms of service

9. Intellectual Property

All software, trademarks, and materials associated with the Service are the property of Higher Ground Landscaping or its licensors. You may not reproduce, distribute, or create derivative works from our proprietary materials without prior written consent.

You retain all ownership rights to content you create and publish through the Service. By using the Service, you grant us a limited, non-exclusive license to process, format, and transmit your content solely for the purpose of providing the Service.

10. Data Practices

Our collection, use, and protection of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in our Privacy Policy.

11. Termination and Account Deletion

• By You: You may stop using the Service and disconnect your social media accounts at any time. To disconnect your TikTok account, revoke the Service's access through your TikTok account settings or contact us to disconnect.
• By Us: We may terminate or suspend your access to the Service at any time for violation of these Terms, with notice where practicable.
• Effect of Termination: Upon termination, your right to use the Service ceases immediately. We will delete your authentication tokens immediately and your content data within 30 days, as described in our Privacy Policy.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or secure, or that any content will be successfully published to any third-party platform.

13. Limitation of Liability

To the fullest extent permitted by law, Higher Ground Landscaping shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, including but not limited to loss of data, revenue, business opportunities, or any damages resulting from content posted or failed to be posted through the Service.

14. Indemnification

You agree to indemnify and hold harmless Higher Ground Landscaping, its owner, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from your use of the Service, your content, or your violation of these Terms or any third-party platform's terms.

15. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Service or via email at least 14 days before taking effect. Changes will also be posted on this page with an updated effective date. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Governing Law

These Terms are governed by the laws of the State of Michigan, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Oakland County, Michigan.

17. Contact

For questions about these Terms, contact us at:

Higher Ground Landscaping
Oakland County, Michigan
Email: highergroundlandscaping1@gmail.com
Website: highergroundlandscaping.net