Terms of Use
1. Purpose & Scope of the Platform
1.1 Purpose and Scope
These Terms of Use (“Terms”) govern access to and use of MaditSpirit Publisher, a software platform accessible at https://publisher.maditspirit.com (the “Platform”), operated by EV-Adworks (the “Operator”).
The Platform is a software-as-a-service (SaaS) solution that enables users to upload video files (MP4) and publish or distribute that content to supported third-party social networks and services through available integrations (the “Service”).
By accessing, browsing, creating an account, connecting third-party social accounts, uploading content, or using any feature of the Platform, you agree to be bound by these Terms. If you do not accept these Terms, you must not use the Platform.
1.2 Restricted Access Model
The Platform is intended for public use by any individual or entity, but access is restricted and controlled by the Operator. The Operator may require account creation, authentication, eligibility checks, feature limitations, usage limits, and/or subscription-based access in order to use all or part of the Service.
The Operator may refuse, limit, or revoke access to the Platform where necessary to protect the Platform, ensure compliance, prevent abuse, or comply with applicable law.
1.3 Global Availability and Restricted Territories
The Platform is generally accessible worldwide. However, access to the Platform and/or certain features may be restricted in specific countries, territories, or regions (“Restricted Territories”) where providing the Service would expose the Operator, the Platform, or users to increased legal, compliance, fraud, sanctions, or security risk.
Users are responsible for ensuring that their use of the Platform is lawful in their jurisdiction. Users located in or associated with Restricted Territories may be denied access without notice.
1.4 Technical Tool — No Editorial Control
The Platform is a technical tool that facilitates publishing actions initiated by users. The Operator does not act as a publisher, editor, producer, or broadcaster of user content.
Users remain solely responsible for:
- the content they upload and publish (videos, descriptions, metadata, thumbnails where applicable),
- their compliance with laws, regulations, and third-party platform rules,
- obtaining all necessary rights and permissions for any content they use.
1.5 Third-Party Platforms
The Service interacts with third-party platforms (e.g., social networks) that are governed by their own terms, policies, and enforcement decisions. Use of the Platform may require users to connect accounts and authorize access via OAuth or similar mechanisms. Third-party platforms may remove content, restrict accounts, limit API access, or suspend features at their sole discretion.
# 2. Definitions
For the purposes of these Terms of Use (“Terms”), the following definitions shall apply:
2.1 Platform
“Platform” refers to the online software service accessible at
publisher.maditspirit.com, operated by EV-Adworks, enabling users to upload video content and distribute it to supported third-party social media services through available technical integrations.
2.2 Publishers
“Publishers” refers to any individual or legal entity that creates an account on the Platform and uses the Service to upload, manage, or distribute content through connected social media accounts.
This definition includes, without limitation:
- individual creators
- freelancers
- agencies
- companies
- any organization using the Platform for content distribution
All Publishers are considered Users under these Terms.
2.3 User
“User” means any natural person or legal entity accessing, browsing, registering on, or otherwise using the Platform, whether as a Publisher or in any other capacity.
2.4 Content
“Content” refers exclusively to:
- video files in MP4 format uploaded to the Platform, and
- any textual description associated with such video at the time of publication.
The Platform does not create, modify, or editorially control Content.
All Content remains under the sole responsibility of the Publisher who uploads or distributes it.
2.5 Connected Social Account
“Connected Social Account” means any third-party social media account linked by a Publisher to the Platform through official authorization mechanisms (such as OAuth or equivalent technologies) in order to enable automated or assisted content distribution.
The number of Connected Social Accounts that may be linked or managed may vary depending on the applicable subscription plan or access level defined by the Operator.
2.6 Subscription Plan
“Subscription Plan” refers to any access tier, whether free or paid, that defines:
- available features,
- usage limits,
- number of connected accounts,
- publication capabilities, and
- any other functional or technical restriction applicable to the Service.
The Operator reserves the right to introduce, modify, suspend, or remove Subscription Plans at any time in accordance with these Terms.
2.7 Restricted Territories
“Restricted Territories” refers to any country, jurisdiction, or region where access to the Platform or use of the Service is limited, prohibited, or considered high-risk due to:
- legal or regulatory constraints,
- international sanctions,
- fraud or abuse risks,
- security concerns, or
- compliance requirements applicable to the Operator or third-party service providers.
The determination of Restricted Territories is made at the sole discretion of the Operator and may change at any time without prior notice.
# 3. Eligibility & Account Creation
3.1 Minimum Age Requirement
Access to and use of the Platform are strictly reserved for individuals who are at least eighteen (18) years old at the time of account creation.
By creating an account or using the Platform, the User represents and warrants that they meet this minimum age requirement.
Any use of the Platform by a person under the age of 18 is strictly prohibited and may result in immediate suspension or termination of access.
3.2 Mandatory Account Registration
Creating a personal user account is required to access and use the core features of the Platform, including but not limited to:
- uploading Content,
- connecting social media accounts,
- managing publications, and
- accessing any distribution or automation features.
No publication or automated distribution action may be performed without a valid authenticated account.
3.3 Registration Method
User accounts are created through an email address and password authentication process.
The Operator reserves the right to introduce additional authentication methods or identity verification mechanisms in the future, without prior notice, where necessary for security, compliance, or operational reasons.
3.4 Accuracy of Information
Users agree to provide accurate, complete, and up-to-date information during registration and throughout their use of the Platform.
Providing false, misleading, incomplete, or outdated information may result in:
- suspension of access,
- limitation of Platform features, or
- permanent account termination.
3.5 Account Security and Responsibility
Each User is solely responsible for:
- maintaining the confidentiality of their login credentials,
- all activities performed through their account, and
- any consequences resulting from unauthorized access caused by negligence or credential sharing.
Any action performed from a User account is deemed to have been performed by the User themselves.
Users must immediately notify the Operator in case of suspected unauthorized access or security breach.
3.6 Multiple Accounts
Users may create and operate multiple accounts, provided that such use:
- complies with these Terms,
- does not attempt to bypass technical limits, security measures, or subscription restrictions, and
- does not facilitate abuse, fraud, or prohibited activities.
The Operator reserves the right to restrict or terminate multiple accounts where misuse is detected.
3.7 Identity Verification and Compliance Checks
The Operator may, at any time and at its sole discretion, request identity verification, documentation, or compliance information from a User, particularly in cases involving:
- suspected fraud or abuse,
- legal or regulatory requirements,
- sanctions or restricted territory concerns, or
- security risks affecting the Platform or third-party services.
Failure to provide requested verification within a reasonable timeframe may result in suspension or termination of the account.
3.8 Right to Refuse, Suspend, or Terminate Accounts
The Operator reserves the right, at its sole discretion and without obligation to provide justification, to:
- refuse account creation,
- suspend access,
- restrict functionality, or
- permanently terminate a User account,
particularly where necessary to:
- protect Platform security or integrity,
- prevent abuse, fraud, or unlawful activity,
- comply with legal or regulatory obligations, or
- mitigate operational or reputational risk.
3.9 Immediate Suspension in High-Risk Situations
Access to the Platform may be suspended immediately and without prior notice where the Operator reasonably believes that a User account is associated with:
- illegal activity,
- abusive or malicious behavior,
- attempts to circumvent technical or subscription limits,
- violation of third-party platform rules, or
- any activity posing a security or compliance risk.
Such suspension may remain in effect for the duration of any investigation or permanently where justified.
# 4. Description of the Service
4.1 Nature of the Service
The Platform provides a cloud-based software service that enables Publishers to:
- upload video Content in MP4 format, and
- distribute such Content to supported third-party social media platforms through available technical integrations.
The Service is strictly technical in nature and functions solely as a tool facilitating actions initiated by the Publisher.
No element of the Service shall be interpreted as editorial control, publishing responsibility, or content ownership by the Operator.
4.2 No Guarantee of Publication or Availability
The Operator does not guarantee that any Content:
- will be successfully published on a third-party platform,
- will be delivered without interruption or delay, or
- will remain available, visible, or accessible once published.
Publication outcomes depend entirely on external platforms, network conditions, API availability, and third-party enforcement decisions, all of which are outside the Operator’s control.
4.3 Dependence on Third-Party Platforms
The Service relies on integrations with external platforms that operate under their own independent rules, policies, and technical constraints.
Such third-party platforms may, at any time and at their sole discretion:
- refuse or block publication requests,
- remove or restrict Content,
- suspend or terminate connected accounts,
- modify or discontinue APIs or technical access, or
- impose new limitations affecting the Service.
The Operator shall not be held liable for any consequence resulting from actions, decisions, or failures of third-party platforms.
4.4 Service Modifications
The Operator reserves the right to modify, suspend, limit, replace, or discontinue any aspect of the Service at any time, including:
- features or functionalities,
- integrations or supported platforms,
- technical limits or quotas,
- access conditions or usage rules.
Such changes may occur without prior notice and shall not give rise to compensation or liability.
4.5 Maintenance, Interruptions, and Technical Risks
Access to the Platform may be temporarily unavailable due to:
- scheduled or unscheduled maintenance,
- technical failures or software bugs,
- hosting or infrastructure incidents,
- cybersecurity events or attacks,
- force majeure or external service disruption.
To the fullest extent permitted by law, the Operator shall not be liable for any loss, damage, or inconvenience resulting from such interruptions.
4.6 Temporary Storage of Content
Uploaded Content may be stored on the Platform’s infrastructure for a limited and temporary duration, typically not exceeding twenty-four (24) hours, unless otherwise required for technical processing, legal compliance, or security purposes.
The Operator provides no guarantee of long-term storage, preservation, or recoverability of uploaded Content.
Publishers remain solely responsible for maintaining their own backups of any files submitted to the Platform.
The Operator may delete stored Content at any time, including for technical, legal, security, or operational reasons.
4.7 Technical Limits and Usage Constraints
Use of the Service may be subject to technical or operational limits, including but not limited to:
- accepted file formats,
- file size restrictions,
- publication quotas,
- rate limits or cooldown mechanisms,
- limits on connected accounts or automation features.
Such limits may vary depending on the Subscription Plan, technical requirements, or third-party platform constraints, and may be modified at any time.
4.8 Absence of Editorial Review
The Operator does not review, approve, monitor, or control Content prior to its upload, processing, or publication through the Service.
All Content distributed via the Platform is transmitted automatically and solely at the initiative of the Publisher, who remains entirely responsible for its legality, accuracy, and compliance with applicable laws and third-party rules.
# 5. User Responsibilities & Content Liability
5.1 Sole Responsibility for Content
Each Publisher is solely and entirely responsible for all Content uploaded, stored, processed, or distributed through the Platform.
This responsibility includes, without limitation:
- the legality of the Content,
- compliance with applicable laws and regulations,
- respect of third-party rights, and
- adherence to the rules and policies of any connected third-party platforms.
The Operator acts exclusively as a technical intermediary and assumes no editorial role, control, or responsibility over user Content.
5.2 Intellectual Property and Rights Clearance
Publishers represent and warrant that they:
- own all necessary rights, licenses, permissions, and authorizations to use, upload, and distribute their Content, including video, audio, music, images, voice, and likeness, or
- have lawfully obtained such rights from the relevant rights holders.
Publishers remain fully responsible for any copyright infringement, trademark violation, personality rights violation, or other intellectual property claim arising from their Content.
5.3 Prohibited Content
Publishers shall not upload, distribute, or promote any Content that:
- is illegal, unlawful, or fraudulent,
- promotes violence, hatred, terrorism, or criminal activity,
- contains explicit sexual or pornographic material,
- is defamatory, abusive, harassing, or misleading,
- constitutes spam, scams, deceptive marketing, or impersonation,
- violates the intellectual property or personal rights of any third party, or
- breaches the rules, community guidelines, or policies of any third-party platform.
Any violation may result in immediate suspension or termination of access to the Platform.
5.4 Compliance with Third-Party Platform Rules
Publishers are solely responsible for ensuring that their Content and publishing activity comply with the terms of service, community guidelines, and technical requirements of all connected third-party platforms (including, but not limited to, TikTok, Meta platforms, and YouTube).
The Operator shall not be liable for:
- removal of Content,
- account suspension or banning,
- reduced visibility or algorithmic limitation, or
- any enforcement action taken by third-party platforms.
5.5 No Obligation to Monitor or Moderate
The Operator has no obligation to monitor, review, filter, or moderate Content uploaded or distributed through the Platform.
The absence of monitoring shall not be interpreted as approval, endorsement, or validation of any Content.
5.6 Right to Remove Content or Restrict Access
Notwithstanding the absence of proactive monitoring, the Operator reserves the right, at any time and at its sole discretion, to:
- remove or block access to any Content,
- suspend or restrict Platform functionality, or
- terminate a Publisher account,
where necessary to:
- comply with legal obligations,
- respond to third-party complaints,
- mitigate legal or security risks, or
- protect the integrity of the Platform.
5.7 Limited Indemnification
To the extent permitted by applicable law, the Publisher agrees to indemnify and hold harmless the Operator against direct damages resulting from proven unlawful use of the Platform or unlawful Content, where such damages are exclusively attributable to the Publisher’s actions.
This indemnification shall apply only where:
- a final legal determination establishes the Publisher’s responsibility, and
- the Operator has not contributed to the unlawful conduct.
Nothing in this clause shall limit mandatory consumer protection rights under applicable law.
5.8 Prohibition of Abusive or Automated Misuse
Publishers shall not:
- use unauthorized bots, scripts, or automation tools interacting with the Platform,
- attempt to bypass technical limits, rate limits, cooldowns, or subscription restrictions,
- use the Service for spam, fraud, deceptive growth tactics, or abusive mass-distribution, or
- engage in any activity that could expose the Operator or third-party platforms to legal, reputational, or security risk.
Such conduct may result in immediate suspension or permanent termination of access.
# 6. Acceptable Use & Prohibited Activities
6.1 Prohibition of Unauthorized Access and Security Circumvention
Users shall not attempt to:
- gain unauthorized access to the Platform, its infrastructure, or related systems,
- bypass, disable, or interfere with security mechanisms or authentication processes,
- exploit vulnerabilities, bugs, or technical flaws, or
- disrupt the integrity, availability, or performance of the Service.
Any such action may result in immediate suspension of access and potential legal action.
6.2 Reverse Engineering and Unauthorized Reproduction
Users are strictly prohibited from:
- reverse engineering, decompiling, disassembling, or attempting to derive the source code of the Platform,
- copying, reproducing, or replicating the Platform’s functionality, architecture, or logic, or
- developing or offering a competing service based on unauthorized use of the Platform.
All rights not expressly granted are reserved by the Operator.
6.3 Data Scraping and Unauthorized Extraction
Users shall not:
- scrape, harvest, or extract data from the Platform by automated or manual means,
- collect personal or operational data relating to other users, or
- reuse or resell Platform data for commercial or non-commercial purposes.
Such conduct may violate data protection laws and result in account termination and legal liability.
6.4 Technical Abuse and Service Overload
Users shall not engage in behavior that could:
- overload servers or infrastructure,
- circumvent rate limits, cooldowns, or technical safeguards,
- generate excessive automated requests, or
- otherwise degrade the performance or stability of the Platform.
The Operator may implement technical countermeasures without notice.
6.5 Unauthorized Commercial Exploitation of the Service
Unless expressly authorized in writing, Users may not:
- resell or sublicense access to the Platform,
- provide access to third parties as a managed or hosted service,
- operate the Platform as part of another software offering, or
- commercially exploit the Service outside its intended use.
6.6 Unauthorized Security Testing
Security testing activities, including:
- penetration testing,
- vulnerability scanning, or
- probing of infrastructure or APIs,
are strictly prohibited without the Operator’s prior written authorization.
6.7 Enforcement and Sanctions
Any violation of this Section may result in:
- immediate suspension or termination of the User account,
- restriction of access to the Service,
- deletion of associated data where legally permitted, and
- legal proceedings seeking damages or injunctive relief.
6.8 Obligation of Lawful and Good-Faith Use
Users agree to use the Platform:
- in good faith,
- in compliance with applicable laws and regulations, and
- solely for purposes consistent with the intended functionality of the Service.
# 7. Third-Party Platforms
7.1 Dependence on External Services
The Service operates through technical integrations with third-party social media platforms and related application programming interfaces that are neither owned nor controlled by the Operator. The availability, functionality, and performance of the Service therefore depend on external systems, infrastructure, and policies that may change at any time without notice. Users acknowledge that such dependence is inherent to the nature of a multi-platform distribution tool and accept that the Operator cannot guarantee continuous or uninterrupted interoperability with any specific third-party service.
7.2 Absence of Responsibility for Third-Party Enforcement Actions
Any decision taken by a third-party platform, including but not limited to content removal, account suspension, limitation of visibility, refusal of publication, or restriction of technical access, remains exclusively under the authority of that third party. The Operator shall not be held liable for any direct or indirect consequence resulting from such actions, even where they affect the usability, effectiveness, or continuity of the Service for the Publisher.
7.3 Unilateral Changes to APIs and Platform Policies
Third-party platforms may modify, restrict, suspend, or discontinue their application programming interfaces, technical requirements, or terms of service at their sole discretion and without prior notice. Such changes may temporarily or permanently affect certain features of the Platform. The Operator shall bear no responsibility for service degradation, feature removal, or loss of compatibility resulting from external modifications beyond its control.
7.4 User Authorization and Compliance
Connection of social media accounts to the Platform occurs solely at the initiative of the Publisher through authorization mechanisms such as OAuth or equivalent technologies. By connecting an account, the Publisher confirms that they are legally entitled to do so and that they agree to comply fully with all applicable terms, policies, and technical requirements imposed by the relevant third-party platform. Responsibility for maintaining such compliance remains exclusively with the Publisher.
7.5 No Affiliation or Endorsement
The Platform is an independent technical service and is not affiliated with, endorsed by, sponsored by, or officially connected to any third-party social media platform, including TikTok, Meta platforms, or YouTube. All trademarks, service marks, and brand names referenced in connection with supported integrations remain the property of their respective owners.
7.6 Evolution of Integrations and Features
The list of supported platforms, integrations, and related functionalities may evolve over time depending on legal, technical, or operational constraints. Certain integrations may be introduced, modified, restricted, or discontinued without prior notice where required by external conditions or internal development priorities. Such evolution shall not constitute a contractual breach or give rise to any right to compensation.
7.7 Transmission of Data to Third Parties
When a Publisher uses the Service to distribute Content, certain technical or descriptive data necessary for publication may be transmitted to the relevant third-party platform. Once transmitted, such data is processed according to the privacy policies, security standards, and operational rules of that third party, which remain outside the Operator’s control. Users are therefore encouraged to review the applicable third-party documentation before connecting or publishing through the Platform.
# 8. Data, Security & Privacy
8.1 Data Protection Role
In the course of operating the Platform, the Operator may act in different capacities under applicable data protection laws, including the General Data Protection Regulation (GDPR).
For data strictly necessary to provide the technical Service—such as authentication, infrastructure operation, and temporary processing of uploaded Content—the Operator primarily acts as a data processor on behalf of the Publisher.
For data relating to account management, security monitoring, legal compliance, or future billing and administrative obligations, the Operator may act as an independent data controller.
8.2 Categories of Data Processed
Use of the Platform may involve the processing of limited categories of personal or technical data, including in particular:
- account identification data such as email address and encrypted password credentials,
- authorization tokens associated with connected third-party social media accounts,
- video files stored temporarily for technical distribution purposes, and
- technical or security logs necessary for service integrity, fraud prevention, and legal compliance.
No unnecessary personal data is intentionally collected beyond what is required for the operation of the Service.
8.3 Data Hosting Location
Data processed through the Platform is hosted within the European Union, in accordance with applicable data protection requirements.
Where external service providers are used, the Operator seeks to ensure an equivalent level of protection consistent with European legal standards.
8.4 Data Retention
Personal and technical data is retained only for as long as necessary to provide the Service, fulfill legal obligations, resolve disputes, or enforce these Terms.
Following account closure, data may be deleted or anonymized within a reasonable period, except where continued retention is required by law or justified for legitimate legal or security purposes.
8.5 Security Measures
The Operator implements reasonable technical and organizational security measures designed to protect data against unauthorized access, disclosure, alteration, or destruction.
Such measures may include controlled access, encryption where appropriate, and adherence to generally accepted industry security practices.
However, no online system can guarantee absolute security, and Users acknowledge the inherent risks associated with internet-based services.
8.6 Security Incidents and External Events
To the fullest extent permitted by law, the Operator shall not be held liable for data loss, unauthorized access, or disclosure resulting from:
- external cyberattacks or malicious third-party actions,
- failures of hosting providers or infrastructure services,
- force majeure events, or
- circumstances beyond the Operator’s reasonable technical control.
Nothing in this section limits mandatory legal obligations relating to personal data protection.
8.7 User Data Protection Rights
Users benefit from rights granted under applicable data protection laws, including rights of access, rectification, erasure, restriction, portability, and objection.
The practical exercise of these rights, as well as detailed information regarding data processing, is described in the Privacy Policy, which forms an integral part of these Terms.
8.8 Cookies and Technical Tracking
The Platform uses strictly necessary technical cookies required for authentication, session management, and secure access to user accounts.
No analytics, advertising, or behavioral tracking cookies are used at this stage of the Service.
# 9. Intellectual Property
9.1 Ownership of the Platform
All intellectual property rights relating to the Platform—including its software, source code, object code, architecture, databases, interfaces, design elements, documentation, and underlying technology—are and shall remain the exclusive property of EV-Adworks, unless expressly stated otherwise.
No transfer of ownership is granted to Users under these Terms.
9.2 Limited License to Use the Service
Subject to compliance with these Terms, the Operator grants Users a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for its intended purpose.
This license does not grant any right to:
- reproduce, distribute, or modify the Platform,
- access or use the source code or internal structure, or
- exploit the Service beyond the scope expressly permitted.
All rights not expressly granted remain reserved by the Operator.
9.3 Prohibition of Copying or Competitive Use
Users are strictly prohibited from copying, reproducing, replicating, or attempting to recreate the Platform’s functionality, logic, or technical structure, whether in whole or in part, for the purpose of developing or operating a competing service or derivative solution.
Any unauthorized reproduction or competitive use may result in immediate legal enforcement.
9.4 Trademarks and Branding
The names “Publishers,” “MaditSpirit,” associated logos, visual elements, and branding assets are protected by applicable intellectual property laws, whether or not formally registered in all jurisdictions.
Any unauthorized use likely to create confusion regarding ownership, affiliation, or endorsement is strictly prohibited.
9.5 User Feedback and Suggestions
Where a User voluntarily provides feedback, suggestions, ideas, or proposed improvements relating to the Platform, the Operator may freely use, implement, adapt, or incorporate such contributions without obligation of compensation.
However, the Operator may, at its sole discretion and depending on the circumstances, choose to grant a commercial gesture or advantage to the contributing User.
No such gesture shall be interpreted as creating a legal entitlement or ongoing obligation.
9.6 Ownership of User Content
All rights, title, and interest in uploaded Content remain with the Publisher or the relevant rights holders.
The Publisher grants the Operator only a limited technical right to process, store temporarily, and transmit such Content strictly as necessary to provide the Service in accordance with these Terms.
No broader license or ownership transfer is implied.
9.7 Misuse of Brand or Identity
Users shall not:
- represent themselves as the Operator or an official partner without authorization,
- use Platform branding in a misleading or deceptive manner, or
- create confusion regarding the origin or ownership of the Service.
Such conduct may result in immediate suspension and potential legal action.
9.8 Enforcement of Intellectual Property Rights
The Operator reserves the right to take any appropriate legal or technical measure to protect its intellectual property, including:
- suspension or termination of access,
- removal of infringing material, and
- initiation of civil or criminal proceedings where applicable.
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# 10. Fees & Billing
10.1 Subscription-Based Access
Access to certain features or usage levels of the Platform may be subject to the purchase of a Subscription Plan.
Such plans may define, depending on the selected tier, functional access, technical limits, connected account capacity, publication volume, or other operational parameters of the Service.
The Operator reserves the right to introduce, modify, or discontinue Subscription Plans at any time in accordance with these Terms.
10.2 Billing Cycle and Automatic Renewal
Unless otherwise specified, Subscription Plans may be offered on a recurring basis, including monthly or annual billing cycles.
Subscriptions automatically renew at the end of each billing period unless canceled by the User before the renewal date through the available account management interface.
Continued use of the Service following renewal constitutes acceptance of the corresponding charges.
10.3 Non-Payment and Service Suspension
Failure to pay any applicable fee when due may result in immediate suspension or restriction of access to all or part of the Platform.
If payment remains outstanding after a reasonable period, the Operator reserves the right to terminate the Subscription and, where legally permitted, delete associated data or disable related functionality.
10.4 Refund Policy
Refunds are provided only where required by mandatory applicable law, including consumer protection regulations within the European Union.
Outside such legal obligations, payments are generally non-refundable, except where the Operator voluntarily grants a commercial gesture at its sole discretion.
Any such gesture shall not create a precedent or ongoing obligation.
10.5 Price Changes
The Operator may modify Subscription pricing at any time.
Any change shall apply only to future billing periods and shall not retroactively affect fees already paid for an ongoing subscription term.
Where required by law, reasonable prior notice of price changes will be provided.
10.6 Taxes
Unless expressly stated otherwise, prices may be indicated exclusive of applicable taxes, including value-added tax (VAT) where required by law.
Applicable taxes are determined based on the User’s billing location and relevant legal requirements.
10.7 Third-Party Payment Providers
Payments made through the Platform are processed by independent third-party payment service providers, such as Mollie, which operate under their own contractual terms and security standards.
The Operator does not store full payment credentials and shall not be liable for failures, interruptions, or security incidents attributable to such payment providers.
# 11. Suspension & Termination
11.1 Termination by the User
Users may terminate their account at any time through the account management interface provided within the Platform.
Where a paid Subscription Plan is active, termination shall take effect at the end of the current billing period, unless otherwise required by applicable law.
Access to the Service will remain available until the expiration of the paid period, after which the account will be closed.
11.2 Suspension or Termination by the Operator
The Operator may suspend or terminate access to the Platform where reasonably necessary to:
- ensure the security or integrity of the Service,
- prevent unlawful, fraudulent, or abusive activity,
- respond to violations of these Terms, or
- comply with legal or regulatory obligations.
Such measures shall be applied in a proportionate and non-abusive manner, taking into account the nature and severity of the situation.
11.3 Grounds for Restriction of Access
Access to the Platform may be restricted or terminated in particular where a User:
- violates these Terms or applicable law,
- engages in illegal, fraudulent, or harmful conduct,
- fails to comply with payment obligations, or
- uses the Service in a manner that creates legal, technical, or reputational risk for the Operator or third parties.
11.4 Effects of Account Termination
Upon termination of an account:
- access to the Platform and associated features will be disabled, and
- personal or operational data may be deleted or anonymized after a reasonable retention period, except where continued storage is required by law or justified for legitimate security or compliance purposes.
11.5 Retention for Legal and Security Purposes
Certain information may be retained after termination where necessary to:
- comply with accounting or tax obligations,
- preserve evidence relating to disputes or unlawful activity, or
- maintain security logs required for the protection of the Service.
Such retention shall be limited to what is strictly necessary and legally justified.
11.6 Continued Applicability of Certain Provisions
Termination of an account shall not affect provisions of these Terms which, by their nature, are intended to remain in effect, including those relating to:
- intellectual property,
- limitation of liability,
- data protection, and
- applicable law and jurisdiction.
11.7 Refusal of Future Access
Where an account has been terminated due to serious or repeated violations, the Operator reserves the right to refuse future registration or access by the same User, where reasonably necessary to protect the Platform or comply with legal obligations.
# 12. Disclaimer of Warranties
12.1 Absence of Performance or Result Guarantee
The Operator makes no representation or warranty that use of the Platform will result in successful publication of Content, specific visibility, audience reach, financial gain, or any particular outcome.
All results obtained through use of the Service depend on factors beyond the Operator’s control, including third-party platform behavior, network conditions, and User activity.
12.2 Possible Errors, Interruptions, and Technical Limitations
Despite reasonable efforts to maintain a reliable and functional Service, the Platform may experience:
- software errors or bugs,
- temporary interruptions or reduced availability, or
- technical limitations inherent to online infrastructure.
The User acknowledges that such issues may occur and accepts the normal operational risks associated with internet-based services.
12.3 Technical Compatibility
The Operator does not guarantee that the Platform will function without limitation on all devices, browsers, operating systems, or network environments.
Users remain responsible for ensuring that their technical configuration is compatible with access to the Service.
12.4 Preservation of Mandatory Legal Rights
Nothing in these Terms shall exclude or limit any mandatory rights granted to Users under applicable consumer protection laws, including those arising under European Union legislation where applicable.
12.5 Third-Party Services
The Operator provides no warranty regarding the availability, reliability, or performance of third-party services integrated with or connected to the Platform, including social media platforms, hosting providers, or payment processors.
Any disruption or failure attributable to such third parties falls outside the Operator’s responsibility.
12.6 Suitability for Specific Needs
The Platform is designed as a general-purpose technical distribution tool and may not correspond to the specific expectations, business objectives, or operational requirements of every User.
Users remain solely responsible for evaluating whether the Service is appropriate for their intended use.
# 13. Limitation of Liability
13.1 Exclusion of Indirect Damages
To the fullest extent permitted by applicable law, the Operator shall not be liable for any indirect, incidental, consequential, or special damages arising out of or related to the use or inability to use the Platform.
This exclusion includes, without limitation:
- loss of revenue, profit, or business opportunity,
- loss of data or digital assets,
- reputational harm, or
- interruption of activity or service continuity.
13.2 Financial Liability Cap
Where liability of the Operator is established by a final legal decision, the total aggregate liability shall be strictly limited to the total amount actually paid by the User for access to the Platform during the twelve (12) months preceding the event giving rise to the claim.
If no payment has been made, liability shall be limited to the minimum amount permitted by applicable law.
13.3 Mandatory Legal Exceptions
Nothing in these Terms shall exclude or limit liability where such limitation is prohibited by law, including in cases of:
- intentional misconduct or gross negligence,
- violation of non-excludable statutory obligations, or
- damage affecting life, physical integrity, or fundamental legal rights.
13.4 User Responsibility for Content and Conduct
The User remains solely responsible for any damage resulting from:
- Content uploaded, distributed, or promoted through the Platform,
- violation of intellectual property or third-party rights, or
- unlawful or non-compliant use of the Service.
The Operator shall not bear liability for consequences arising from such User conduct.
13.5 Third-Party Platform Actions
The Operator shall not be liable for any action taken by third-party platforms, including but not limited to:
- suspension or banning of social media accounts,
- removal or restriction of Content,
- loss of visibility or algorithmic reach, or
- modification, limitation, or termination of external APIs.
Such events remain entirely outside the Operator’s control.
13.6 Technical Incidents and Force Majeure
The Operator shall not be liable for failure or delay in performance resulting from events beyond its reasonable control, including:
- infrastructure or hosting failures,
- cyberattacks or malicious external activity,
- large-scale technical outages, or
- force majeure events as recognized under applicable law.
# 14. Governing Law & Jurisdiction
14.1 Applicable Law
These Terms and any dispute arising out of or in connection with the use of the Platform shall be governed by the laws of France and applicable European Union law, without regard to conflict-of-law principles.
Where mandatory consumer protection rules apply under the law of the User’s country of residence within the European Union, such mandatory provisions shall remain unaffected.
14.2 Amicable Resolution of Disputes
Before initiating any formal legal proceedings, Users agree to seek an amicable resolution by contacting the Operator through the official support or contact channels provided on the Platform.
The Operator commits to reviewing such requests in good faith and responding within a reasonable timeframe.
14.3 International Use of the Service
The Platform may be accessed from countries outside France or the European Union.
Users who access or use the Service from other jurisdictions remain solely responsible for ensuring that such use complies with local laws and regulations applicable to them.
Nothing in these Terms shall be interpreted as limiting the application of mandatory legal provisions that may apply based on the User’s place of residence.
14.4 Language of the Terms
These Terms are drafted and made legally binding in the English language.
Any translated version is provided for convenience only and shall not have binding legal effect in the event of inconsistency or interpretation conflict.
# 15. Modifications of the Terms
15.1 Right to Modify the Terms
The Operator reserves the right to modify or update these Terms at any time, where such modification is reasonably necessary to reflect:
- changes in legal or regulatory requirements,
- evolution of the Platform’s features or services, or
- improvements to operational, technical, or security conditions.
15.2 Notification of Changes
Any updated version of the Terms will be made available on the Platform.
In the event of material or significant changes, Users may also be notified through appropriate means, including email communication or in-service notification.
Users are encouraged to review the Terms periodically.
15.3 Entry into Force
Unless otherwise required by applicable law, modifications to the Terms shall become effective upon publication on the Platform.
Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
15.4 Refusal of Updated Terms
If a User does not agree with the modified Terms, the User must cease using the Platform and may terminate their account in accordance with the termination provisions set out in these Terms.
15.5 Protection of Ongoing Subscription Periods
Any modification relating to pricing, billing conditions, or subscription scope shall not apply retroactively to a billing period that has already been paid.
Such changes shall take effect only from the next renewal or future billing cycle, unless otherwise required by law.
# 16. General Provisions
16.1 Severability
If any provision of these Terms is held to be invalid, unlawful, or unenforceable by a competent court or authority, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain fully valid and enforceable.
16.2 No Waiver
Failure by the Operator to enforce any provision or right under these Terms shall not constitute a waiver of such provision or right.
Any waiver shall be effective only if expressly made in writing.
16.3 Entire Agreement
These Terms constitute the entire agreement between the User and the Operator regarding access to and use of the Platform and supersede any prior agreements, communications, or understandings, whether written or oral, relating to the same subject matter.
Additional policies or legal documents referenced within these Terms form an integral part of this contractual framework.
16.4 Assignment
The Operator may assign or transfer its rights and obligations under these Terms to any affiliate, successor, or acquiring entity, provided that such transfer does not reduce the legal protections granted to Users.
Users may not assign or transfer their rights or obligations without the prior written consent of the Operator.
16.5 Contact Information
For any question relating to these Terms, legal notices, or the operation of the Platform, Users may contact the Operator through the official contact details made available on the Platform.
16.6 Continued Validity
These Terms remain in force for the entire duration of the User’s access to the Platform and shall continue to apply for as long as necessary after termination where required by their nature or by applicable law.