1. Introduction
IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING DOWNSTANT.
These Terms of Service (“Terms”) establish the legal agreement between you (“User,” “you,” or “your”) and Downstant (“Company,” “we,” “us,” or “our”) regarding your access to and use of our website located at https://downstant.com (the “Website”) and all features, tools, and services provided through it (collectively, the “Services”).
By visiting the Website or using any part of the Services, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must refrain from using the Website and Services.
Our Privacy Policy, available at https://downstant.com/legal/privacy, is incorporated into these Terms and forms an essential part of your agreement with us.
2. Eligibility
- To use the Services, you must meet the minimum age requirements of your jurisdiction. In no event may you use the Services if you are under 13 years old. If you are under the age of majority in your jurisdiction (for example, 18 in most countries, 19 in South Korea, or 21 in certain U.S. states), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By allowing a minor to use the Services, the parent or legal guardian assumes full responsibility for the minor’s activities, including any consequences of misuse. You represent and warrant that you have the full right, power, and legal capacity to enter into and comply with these Terms in accordance with the laws of your jurisdiction. The Company reserves the right to suspend or terminate your access to the Services if it reasonably believes that you do not meet the eligibility requirements.
3. Use of Services
- You may use the Services solely for lawful, personal, and non-commercial purposes. You agree not to: Violate any applicable laws or regulations. Infringe on the rights of third parties, including copyright, trademark, or privacy rights. Use the Services in a way that could damage, disable, or interfere with our infrastructure or other users. Attempt to reverse engineer, decompile, or otherwise extract source code or proprietary elements of the Services. You acknowledge and agree that any use of the Services in violation of this Section is done entirely at your own risk and responsibility. The Company disclaims any and all liability for such misuse, including but not limited to claims of copyright infringement, data loss, or service disruption caused by your actions.
4. User Responsibilities
You are solely responsible for all activities you undertake when using the Services. Any content you download, save, or share through the Services is entirely at your own risk and responsibility. Downstant does not create, host, or control any of the content available on third-party platforms such as YouTube or similar services, and we make no representations regarding its legality, accuracy, or availability. You acknowledge and agree that the Company shall not be liable for any claims, damages, penalties, or legal consequences resulting from your use of third-party content, including but not limited to copyright infringement, violation of local laws, or removal of content by the original provider.
5. Intellectual Property
All rights, title, and interest in and to the Website and the Services, including without limitation all text, graphics, logos, icons, images, software, source code, and trademarks, are and shall remain the exclusive property of Downstant or its licensors. You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal and lawful purposes only, in accordance with these Terms. Except as expressly permitted, you may not copy, reproduce, modify, distribute, display, perform, create derivative works of, or otherwise exploit any part of the Services without our prior written consent. Nothing in these Terms shall be construed as granting any ownership rights in the Services or any intellectual property rights therein.
6. Third-Party Content and Links
The Services may include links to or integrations with third-party websites, platforms, or content (“Third-Party Content”). These are provided solely for your convenience. Downstant does not own, control, monitor, or endorse any Third-Party Content and makes no representations or warranties regarding its accuracy, legality, reliability, or availability. Your interactions with Third-Party Content are entirely at your own risk and are governed by the terms of service and privacy policies of the respective third parties. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage, loss, claims, or disputes arising out of or in connection with your access to or use of any Third-Party Content.
7. Disclaimers
The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, Downstant expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and reliability. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. We make no guarantees regarding the availability, legality, or accuracy of any third-party content accessible through the Services. Your use of the Services is at your sole risk, and you assume full responsibility for any damage to your device, loss of data, or other harm that may result from accessing or using the Services.
8. Limitation of Liability
TTo the maximum extent permitted by applicable law, in no event shall Downstant, its affiliates, directors, employees, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, business interruption, or reputational harm, arising out of or in connection with your use of the Services, even if we have been advised of the possibility of such damages. In all cases, our total aggregate liability to you for any and all claims arising out of or relating to these Terms or the Services shall not exceed the greater of: (a) the total amount you paid (if any) to use the Services during the twelve (12) months immediately preceding the claim; or (b) fifty U.S. dollars (USD $50). If you access or use the Services free of charge, you acknowledge and agree that the Company shall have no monetary liability to you whatsoever, except as required by applicable law.
9. Indemnification
You agree to indemnify, defend, and hold harmless Downstant, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: your access to or use of the Services; your violation of these Terms or any applicable law or regulation; any infringement or alleged infringement of the rights of a third party, including but not limited to intellectual property, privacy, or publicity rights; or any misuse of third-party content obtained through the Services. You further agree to cooperate fully with the Company in the defense of any such claims and not to settle any matter without the prior written consent of the Company.
10. Termination
We reserve the right, in our sole discretion, to suspend or terminate your access to and use of the Services at any time and for any reason, including but not limited to violations of these Terms, unlawful or unauthorized use of the Services, or conduct that we believe is harmful to other users, our systems, or third parties. Such suspension or termination may occur with or without prior notice. Upon termination, all rights granted to you under these Terms shall immediately cease, and you must discontinue all use of the Services. Certain provisions of these Terms, including but not limited to those relating to intellectual property, disclaimers, limitations of liability, and indemnification, shall survive any termination.
11. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in English and be conducted in Wilmington, Delaware, unless the parties mutually agree otherwise. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information. You agree that you may bring claims against the Company only in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
12. Changes to Terms
We reserve the right to modify or update these Terms at any time, in our sole discretion. When changes are made, we will post the revised Terms on the Website and update the “Last Updated” date at the top of the document. For material changes that may significantly affect your rights or obligations, we may provide additional notice, such as by sending an email to the address associated with your account (if applicable) or by displaying a prominent notice on the Website. Your continued access to or use of the Services after the revised Terms are posted constitutes your binding acceptance of the updated Terms. If you do not agree to the new Terms, you must discontinue use of the Services.
Last updated: October 9, 2025