Terms of Service

1. Acceptance of Terms

Welcome to MakeMeViral.ai ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our AI-powered social media management platform at smm-automation-app.azurewebsites.net (the "Service").

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

You must be at least 16 years old to use our Service. By using the Service, you represent and warrant that you meet this age requirement.

2. Description of Service

MakeMeViral.ai provides an AI-powered social media management platform that enables users to:

• Generate social media content using Azure OpenAI (GPT-4o-mini and DALL-E 3)
• Create AI-generated images for social media posts
• Connect and publish content to social media platforms (LinkedIn, Facebook, Instagram)
• Schedule and manage social media posts
• Access viral content templates and frameworks
• Manage multiple brands and social accounts (depending on subscription tier)

We offer three subscription tiers:

• Free: $0/month - 10 posts/month, 1 social account, basic AI features
• Pro: $49/month - 100 posts/month, unlimited accounts, advanced AI, DALL-E 3 HD
• Agency: $199/month - Unlimited posts, white-label, API access, priority support

3. Account Registration and Security

3.1 Account Creation

To use our Service, you must:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Use a valid email address that you have access to
• Create a strong password and keep it confidential

3.2 Account Security

You are responsible for:

• Maintaining the security and confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

We are not liable for any loss or damage arising from your failure to protect your account.

3.3 Account Termination

You may delete your account at any time by contacting us at privacy@smm-automation.com. We may suspend or terminate your account if you violate these Terms.

4. User Responsibilities and Acceptable Use

4.1 You Agree To:

• Use the Service only for lawful purposes
• Comply with all applicable laws and regulations
• Provide accurate brand and business information
• Respect the terms of service of connected social media platforms
• Review and approve AI-generated content before publishing
• Use the Service in accordance with your subscription tier limits

4.2 You Agree NOT To:

• Publish spam, misleading, or deceptive content
• Violate intellectual property rights of others
• Generate or publish illegal, harmful, hateful, or offensive content
• Harass, threaten, or abuse others through published content
• Use the Service to impersonate others or misrepresent your identity
• Attempt to circumvent usage limits or access restrictions
• Reverse engineer, decompile, or hack the Service
• Use automated bots or scrapers (other than our provided automation features)
• Resell or redistribute the Service without authorization (except Agency white-label)
• Violate the terms of service of LinkedIn, Facebook, Instagram, or other connected platforms

5. AI-Generated Content and Disclaimers

5.1 AI Content Generation

Our Service uses Azure OpenAI (GPT-4o-mini and DALL-E 3) to generate content. You acknowledge that:

• AI-generated content may not always be accurate, appropriate, or fit for your specific needs
• You are responsible for reviewing, editing, and approving all content before publishing
• AI-generated images may not perfectly match your brand or expectations
• We do not guarantee that AI-generated content will achieve specific results or engagement metrics
• AI models may occasionally produce unexpected or inappropriate output

5.2 Your Responsibility

You are solely responsible for:

• The content you publish to social media platforms
• Ensuring content complies with platform policies and local laws
• Fact-checking and verifying AI-generated information
• Obtaining necessary permissions for brand mentions or third-party content

We recommend human review of all AI-generated content before publishing, especially for professional or commercial use.

6. Content Ownership and License

6.1 Your Content

You retain all ownership rights to content you create or generate using our Service, including:

• Social media posts and captions
• AI-generated images (subject to Azure OpenAI terms)
• Brand information and marketing materials

6.2 License to Us

By using our Service, you grant MakeMeViral.ai a limited, non-exclusive, worldwide license to:

• Store and process your content to provide the Service
• Generate AI content based on your brand information
• Publish content to social media platforms on your behalf
• Display content within your account dashboard

We will NOT use your content for marketing, advertising, or training AI models without your explicit consent. This license ends when you delete your content or account.

6.3 Our Intellectual Property

MakeMeViral.ai and our Service, including software, designs, logos, and documentation, are protected by intellectual property laws. You may not:

• Copy, modify, or create derivative works of our Service
• Use our trademarks without permission (except Agency white-label customers)
• Remove copyright or proprietary notices

7. Subscription Plans and Payments

7.1 Subscription Tiers

We offer three subscription tiers with different features and limits:

• Free: No credit card required. 10 posts/month limit. Limited to 1 social account and 1 brand.
• Pro: $49/month. 100 posts/month. Unlimited social accounts. Advanced AI features.
• Agency: $199/month. Unlimited posts. White-label option. API access. Priority support.

Usage limits reset on the 1st of each month. Unused posts do not roll over.

7.2 Payment Processing

Payments are processed securely through Stripe. By subscribing to a paid plan, you agree to:

• Provide valid payment information
• Authorize recurring monthly charges
• Pay all applicable taxes

7.3 Billing and Renewals

• Subscriptions automatically renew each month on your billing date
• You will be charged automatically unless you cancel before the renewal date
• We will notify you of payment failures and may suspend your account if payment is not resolved
• Price changes will be communicated 30 days in advance

7.4 Cancellation and Refunds

You may cancel your subscription at any time:

• Cancellations can be made through your account settings or by contacting support
• Upon cancellation, you retain access until the end of your current billing period
• No refunds are provided for partial months or unused posts
• Downgrading to Free tier retains your data but applies Free tier limits

Exception: If you cancel within 7 days of your first subscription payment and have not exceeded Free tier usage limits, we may provide a full refund at our discretion.

8. Social Media Platform Integration

8.1 Third-Party Platforms

Our Service integrates with LinkedIn, Facebook, and Instagram (collectively, "Platforms"). By connecting your social media accounts, you:

• Authorize us to publish content on your behalf
• Agree to comply with each Platform's Terms of Service and API usage policies
• Acknowledge that we are not responsible for Platform changes, outages, or policy violations

8.2 Platform Limitations

Social media platforms may:

• Reject or remove content that violates their policies
• Rate-limit or restrict API access
• Change APIs or features without notice, affecting our Service
• Suspend or ban accounts for Terms of Service violations

We are not liable for Platform actions, policy changes, or account suspensions.

8.3 Disconnecting Accounts

You may disconnect social media accounts at any time through your dashboard. Disconnecting will:

• Revoke our access to publish on your behalf
• Stop scheduled posts to that platform
• Retain historical post data in your account (unless you delete it)

9. Service Availability and Modifications

9.1 Service Availability

We strive to provide reliable service but do not guarantee:

• Uninterrupted or error-free operation
• 100% uptime or availability
• That all features will work on all devices or browsers

We may perform scheduled maintenance with advance notice. Emergency maintenance may occur without notice.

9.2 Service Modifications

We reserve the right to:

• Add, modify, or remove features
• Change pricing with 30 days notice
• Discontinue the Service with 60 days notice

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF AI-GENERATED CONTENT
• UNINTERRUPTED OR ERROR-FREE OPERATION
• SPECIFIC RESULTS OR ENGAGEMENT METRICS

We do not warrant that:

• AI-generated content will be accurate, appropriate, or successful
• The Service will meet your specific requirements
• Any errors or defects will be corrected
• Social media posts will achieve specific engagement or results

Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMM AUTOMATION SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
• DAMAGE TO REPUTATION OR BRAND
• SOCIAL MEDIA ACCOUNT SUSPENSIONS OR BANS
• THIRD-PARTY ACTIONS OR CLAIMS
• ERRORS OR INACCURACIES IN AI-GENERATED CONTENT

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

This limitation applies even if we were advised of the possibility of such damages.

12. Indemnification

You agree to indemnify, defend, and hold harmless MakeMeViral.ai, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorney fees) arising from:

• Your use or misuse of the Service
• Violation of these Terms
• Violation of any third-party rights (including intellectual property, privacy, or publicity rights)
• Content you publish through the Service
• Your violation of social media platform Terms of Service

13. Termination

13.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Requesting account deletion via privacy@smm-automation.com

13.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your account is inactive for more than 12 months
• Payment fails and is not resolved within 30 days

13.3 Effect of Termination

Upon termination:

• You lose access to the Service and your data
• Scheduled posts will not be published
• We will delete your data within 30 days (except as required by law)
• You remain liable for any outstanding payments

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of the European Union and the jurisdiction where SMM Automation is registered, without regard to conflict of law principles.

14.2 Dispute Resolution

In the event of a dispute:

• Contact us at support@smm-automation.com to attempt informal resolution
• If informal resolution fails, disputes will be resolved through binding arbitration
• You waive the right to participate in class-action lawsuits

Exception: You retain the right to seek relief in small claims court for disputes within its jurisdiction.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of significant changes by:

• Updating the "Last updated" date at the top of this page
• Sending an email notification to your registered email address
• Displaying a prominent notice in the Service

Your continued use of the Service after changes to these Terms constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your account.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MakeMeViral.ai regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

16.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to a successor or affiliate.

16.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or third-party service outages (including Azure, OpenAI, or social media platforms).

17. Contact Us

If you have questions about these Terms of Service, contact us: