Terms of Service
Effective Date: January 1, 2025
1. Agreement to Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you and Candyblocks, Inc. (“TractionBaby,” “Company,” “we,” “us,” or “our”) concerning your access to and use of the TractionBaby services, including the Traction SDK and Traction Validation Tool (collectively, the “Services”).
By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Services.
2. Eligibility
You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you:
- Are at least 18 years of age
- Have the legal capacity to enter into binding contracts
- Are not prohibited from using the Services under applicable laws
- Will comply with these Terms and all applicable laws and regulations
3. Account Registration
To access certain features of our Services, you must register for an account. When creating an account, you agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Keep your password secure and confidential
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized access or security breach
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent or illegal activities.
4. Services Description
4.1 Traction SDK
The Traction SDK provides automated customer acquisition services, including:
- Automated ad campaign creation and management
- Cross-platform advertising integration
- Performance tracking and analytics
- Campaign optimization
4.2 Traction Validation Tool
The Validation Tool helps entrepreneurs test business ideas through:
- Landing page generation
- Automated traffic generation
- Customer signup and preorder collection
- Demand validation analytics
5. Payment Terms
5.1 Fees and Billing
- Service fees are as specified on our pricing page and may be updated periodically
- All fees are in USD unless otherwise specified
- Subscriptions renew automatically unless cancelled
- Payment is processed through Stripe
- You are responsible for all applicable taxes
5.2 Advertising Spend
In addition to our service fees, you are responsible for:
- All advertising spend on third-party platforms
- Setting and managing advertising budgets
- Complying with advertising platform terms
5.3 No Refunds
All payments are non-refundable. We do not provide refunds for any reason, including but not limited to:
- Unused subscription time
- Partial month/year usage
- Unsatisfactory campaign performance
- Changes in your business needs
6. Acceptable Use Policy
You agree not to use our Services to:
- Violate any laws or regulations
- Infringe on intellectual property rights
- Distribute malware or harmful code
- Engage in fraudulent or deceptive practices
- Promote illegal products or services
- Harass, abuse, or harm others
- Interfere with or disrupt our Services
- Attempt to gain unauthorized access to our systems
- Resell or redistribute our Services without permission
7. Intellectual Property
7.1 Our Intellectual Property
All content, features, and functionality of our Services, including software, text, images, logos, and designs, are owned by Candyblocks, Inc. and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.
7.2 Your Content
You retain ownership of content you create using our Services, including:
- Landing pages created with the Validation Tool
- Ad campaigns and creative content
- Business information and ideas
By using our Services, you grant us a limited, non-exclusive license to use your content solely to provide the Services to you.
7.3 Feedback
Any feedback, suggestions, or ideas you provide about our Services become our property and may be used without compensation to you.
8. Third-Party Services
Our Services integrate with third-party platforms including:
- Advertising platforms (Meta, TikTok, Pinterest, Snapchat, Amazon)
- Payment processors (Stripe)
- Analytics services (PostHog)
- Authentication providers (Google)
Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of third-party services.
9. Disclaimers and Limitations of Liability
9.1 No Guarantees
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE:
- Specific results or return on investment
- Success of advertising campaigns
- Validation outcomes for business ideas
- Uninterrupted or error-free service
- Accuracy of analytics or data
9.2 Advertising Risks
You acknowledge and accept the inherent risks of digital advertising, including:
- Variable and unpredictable results
- Potential for financial loss
- Platform policy changes
- Ad account suspensions or bans
- Click fraud and invalid traffic
- Market competition and saturation
9.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANDYBLOCKS, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.
10. Indemnification
You agree to indemnify, defend, and hold harmless Candyblocks, Inc., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any laws or third-party rights
- Your content or advertising campaigns
- Any dispute between you and third parties
11. DMCA Policy
We respect intellectual property rights. If you believe content on our platform infringes your copyright, please send a DMCA notice to legal@candyblocks.com with:
- Identification of the copyrighted work
- Identification of the infringing material
- Your contact information
- A statement of good faith belief
- A statement of accuracy under penalty of perjury
- Your physical or electronic signature
We will review notices and take appropriate action as deemed necessary.
12. Termination
Either party may terminate this agreement:
- You may cancel your subscription at any time through your account settings
- We may suspend or terminate your access for violations of these Terms
- We may discontinue the Services with reasonable notice
Upon termination, your right to use the Services ceases immediately. Provisions that should survive termination (including disclaimers, limitations of liability, and indemnification) remain in effect.
13. Governing Law and Disputes
These Terms are governed by the laws of British Columbia, Canada, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in Vancouver, British Columbia, except that either party may seek injunctive relief in court for intellectual property violations.
You waive any right to participate in class actions or class arbitrations.
14. Changes to Terms
We may modify these Terms at any time by posting revised terms on this page. Material changes will be notified via email or Service notification. Your continued use after changes constitutes acceptance of the new Terms.
15. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and Candyblocks, Inc.
- Severability: If any provision is found invalid, the remaining provisions continue in effect
- Waiver: Our failure to enforce any right is not a waiver of that right
- Assignment: You may not assign these Terms; we may assign them without restriction
- Force Majeure: Neither party is liable for failures due to circumstances beyond reasonable control
16. Contact Information
For questions about these Terms, contact us at:
Candyblocks, Inc.
250 - 997 Seymour St
Vancouver, BC V6B 3M1
Canada
Email: legal@candyblocks.com