Terms of service

1. About these terms#

These terms of service ("Terms") govern your use of ByNiche, the website at https://byniche.app and the ByNiche web app (together, the "Service"). The Service is provided by By Code Software (Atıf Doğan Özcan) ("By Code Software", "we", "us"), Atatürk Mah. Turgut Reis Cad. No: 32 İç Kapı No: 6, Karesi / Balıkesir, Türkiye, tax office Karesi Vergi Dairesi, tax number 6690456710, email hello@byniche.app.

By creating an account or using the Service, you agree to these Terms. If you use the Service on behalf of a company, you confirm that you can bind that company, and "you" means that company. Our privacy policy, cookie policy and refund policy are part of these Terms. If you are a consumer in Turkey, the distance sales agreement also applies to paid plans.

2. The Service#

ByNiche is a research tool for YouTube creators. It finds small channels that get more views than their niche usually does ("outliers"), estimates channel revenue, flags channels that may be faceless, maps niches and offers studio tools such as comparisons, lookalikes, Radar, title patterns and collections. The data comes from public YouTube information and is refreshed regularly.

We keep improving the Service, so features may change, be added or be removed. We will not remove a core feature of a paid plan during a period you have already paid for without offering a fair alternative or a pro rata refund.

3. YouTube#

ByNiche uses YouTube API Services. By using ByNiche you agree to be bound by the YouTube Terms of Service: https://www.youtube.com/t/terms. Google's privacy practices are described in the Google Privacy Policy.

ByNiche is not affiliated with, endorsed by or sponsored by YouTube or Google. YouTube is a trademark of Google LLC. Channel names, thumbnails and other content shown in the Service belong to their respective owners.

4. Your account#

• You must be at least 16 years old (or the age of digital consent where you live, if higher) to use the Service.
• Give accurate information and keep your sign-in method secure. You are responsible for activity under your account.
• Accounts are personal. Don't share your login or let several people use one account.
• Tell us promptly at hello@byniche.app if you think your account has been compromised.

5. Plans, prices and payment#

• Free plan: available at no cost, with the limits shown on our pricing page (for example, a limited number of channel analyses per day).
• Pro plan: US$19 per month, offered as a monthly subscription only, with the limits shown on our pricing page. Prices are in US dollars. Applicable taxes (such as VAT) may be added at checkout depending on your country.
• Launch price: if you subscribe during the launch period, you pay US$9.50 instead of US$19 per month. That price applies to every renewal for as long as your subscription stays active without interruption. If you cancel and your subscription ends, a later re-subscription is charged at the price in effect at that time. We decide when the launch period ends; its end does not change the launch price of existing subscribers.
• Payment provider: payments are processed by our payment provider, currently Paddle, which acts as merchant of record. That means the provider sells the subscription to you, issues your invoice, collects taxes and handles payment data under its own checkout terms. We never see your full card number.
• Renewal: subscriptions renew automatically at the end of each month at the then-current price (or at your launch price, if you subscribed at it) until you cancel. We will tell you about a price change in advance, and the new price applies only from your next renewal after that notice.
• Cancellation: you can cancel anytime from your account settings or through the provider's customer portal. You keep Pro access until the end of the period you already paid for. Refunds are covered in our refund policy.
• Invite codes and trials: we may offer Pro access via invite codes or promotions. Their terms (such as duration) are shown when you redeem them, and they cannot be exchanged for cash.

6. Acceptable use#

You agree not to:

• scrape, crawl, mirror or extract data from the Service by automated means, or use bots to access it, except through features we provide for that purpose;
• resell, sublicense, publish or redistribute data from the Service, build a competing database or product from it, or share your account to give others access;
• use the Service in a way that breaks the YouTube Terms of Service, YouTube API Services policies or any law;
• circumvent plan limits, rate limits or security measures, or probe or attack our systems;
• use the Service to harass, impersonate, spam or infringe the rights of creators or anyone else;
• reverse engineer the Service, except where the law allows it despite this restriction.

Using insights from ByNiche for your own content strategy, research and decisions is exactly what the Service is for. Quoting a few individual figures with attribution (for example in a video or article) is fine.

7. Estimates are estimates#

Revenue ranges, RPM figures, outlier scores, monetization signals, faceless labels, niche groupings and similar outputs are estimates produced by our models and by AI from public data. They may be incomplete or wrong. They are not official YouTube figures, not a promise of any result and not financial, investment, legal or tax advice. Make your own decisions and, where it matters, check with a qualified professional.

8. Your content#

Collections, notes and other content you create stay yours. You give us a limited licence to store and process that content only to provide the Service to you. We don't claim ownership and don't make it public.

9. Our intellectual property#

The Service, including its software, design, texts, scores, models and compiled databases, is owned by By Code Software or its licensors and is protected by intellectual property laws. We give you a personal, non-exclusive, non-transferable, revocable right to use the Service under these Terms. All rights not expressly granted remain ours.

If you send us feedback or ideas, we may use them freely without obligation to you.

10. Suspension and termination#

You can stop using the Service and delete your account at any time from your settings or by emailing us.

We may suspend or close your account if you seriously or repeatedly break these Terms, if required by law, or to protect the Service, other users or third parties. Where reasonable we will warn you first and give you a chance to fix the problem. If we close a paid account without cause on your side, we refund the unused part of your prepaid period.

After termination, your right to use the Service ends, and we delete your data as described in our privacy policy.

11. Availability#

We work hard to keep ByNiche running, but we don't guarantee that it will be uninterrupted or error-free. Maintenance, third-party outages (including YouTube API limits) or events beyond our control may affect it.

12. Liability#

Nothing in these Terms limits liability that cannot be limited by law, including liability for death or personal injury caused by negligence, for fraud, for gross negligence or intent, or your statutory rights as a consumer.

Subject to that:

• the Service is provided "as is" and "as available", without warranties beyond those required by law;
• we are not liable for indirect or consequential losses, lost profits, lost revenue or lost opportunities, including decisions you make based on estimates from the Service;
• our total liability for all claims relating to the Service in any 12-month period is limited to the amount you paid us for the Service in those 12 months, or US$100 if you used only the Free plan.

13. Changes to these terms#

We may update these Terms, for example when we add features or the law changes. We will post the new version here and, for material changes, give you at least 30 days' notice by email or in the app. If you don't agree, you can cancel before the changes take effect; for prepaid plans you can ask for a pro rata refund of the remaining period. Continuing to use the Service after the effective date means you accept the new Terms.

14. Governing law and disputes#

These Terms are governed by the laws of the Republic of Turkey. For business customers, the courts and enforcement offices of Istanbul (Çağlayan) have exclusive jurisdiction.

If you are a consumer, you keep the protection of the mandatory laws of the country where you live, and you may bring claims in the courts or consumer bodies available to you there. Consumers in Turkey may apply to the Consumer Arbitration Committees (Tüketici Hakem Heyetleri) within the monetary limits set each year, or to the Consumer Courts (Tüketici Mahkemeleri).

Before going to court, please write to us; most problems can be solved quickly.

15. General#

If a provision of these Terms is found invalid, the rest stays in force. If we don't enforce a right immediately, we don't waive it. You may not transfer your rights under these Terms without our consent; we may transfer ours to a successor of the Service, and we will tell you if that happens. These Terms are available in English and Turkish; if they differ, the version in the language of your purchase applies to consumers, and otherwise the English version applies.

16. Contact#

hello@byniche.app, By Code Software (Atıf Doğan Özcan), Atatürk Mah. Turgut Reis Cad. No: 32 İç Kapı No: 6, Karesi / Balıkesir, Türkiye, phone [Telefon].