Legal
Terms of Service
Effective Date: TBD pending legal review
These Terms of Service (“Terms”) govern your access to and use of the services, websites, and software provided by kwipt (“kwipt,” “we,” “us,” or “our”), including the platform available at kwipt.com and any related services, applications, or APIs (collectively, the “Service”). By creating an account, accessing, or using the Service, you (“you,” “your,” or “Customer”) agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent that you have the authority to bind that entity, and “you” refers to that entity.
1. The Service
kwipt is an AI-powered social media content automation platform designed for small and medium businesses. The Service helps you plan, generate, schedule, and publish marketing content — including images, videos, written posts, blog articles, and email newsletters — across third-party platforms such as Google Business Profile, Meta (Facebook and Instagram), YouTube, TikTok, Pinterest, LinkedIn, and others. The Service uses artificial intelligence to learn your brand voice, generate content recommendations, and execute on a marketing strategy you approve.
The features, functionality, and supported third-party platforms of the Service may change over time. We may add, modify, or discontinue features at our discretion.
2. Eligibility and Accounts
To use the Service, you must be at least 18 years old and capable of forming a binding contract under applicable law. You must register for an account using accurate, current, and complete information, and keep that information up to date.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
3. Connected Third-Party Accounts
The Service requires you to connect accounts from third-party platforms (“Connected Accounts”) in order to function. By connecting an account, you authorize kwipt to access, read, create, schedule, publish, edit, and manage content and data on those platforms in accordance with the permissions you grant during the connection process and the terms of the third-party platforms.
Specifically, depending on the Connected Accounts you authorize and the features you enable, you authorize kwipt to:
- Read your business profile, account, page, and channel data;
- Create, edit, schedule, and publish posts, images, videos, captions, comments, replies, articles, and other content on your behalf;
- Read engagement, analytics, reach, impression, and audience data;
- Read, reply to, and manage reviews, comments, and direct messages where you have configured the Service to do so;
- Update business information such as hours, descriptions, and contact details on platforms that support such updates;
- Pull media (photos, videos) you have uploaded to those platforms for use within the Service.
You retain full ownership of your Connected Accounts. You may revoke kwipt's access at any time through the security or connected-apps settings of the relevant third-party platform, or by disconnecting the account within the Service. Revoking access will disable the corresponding features of the Service for the affected account.
You are responsible for complying with the terms of service, community guidelines, and policies of every third-party platform you connect. We are not responsible for changes those platforms make to their APIs, terms, policies, or features that affect the Service's ability to operate with your Connected Accounts.
4. Content and AI-Generated Output
4.1 Your Content
You retain all rights, title, and interest in and to the content, brand assets, photos, videos, copy, business information, and other materials you provide to or upload through the Service (“Customer Content”). You grant kwipt a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, create derivative works from, transmit, and display Customer Content solely as necessary to provide and improve the Service, including generating and publishing AI-derived content based on Customer Content.
You represent and warrant that you own or have the necessary rights and permissions to upload, use, and authorize kwipt to publish all Customer Content, and that your use of the Service and Customer Content does not violate any law or infringe the rights of any third party.
4.2 AI-Generated Content
The Service uses artificial intelligence and machine learning models — including third-party large language models and generative media systems — to produce text, images, video, and other content (“Generated Content”). Generated Content is produced algorithmically and may contain errors, inaccuracies, or output that does not reflect your brand, intent, or factual reality. AI systems can hallucinate, misrepresent facts, or produce output that is unsuitable for publication.
You are solely responsible for reviewing and approving Generated Content before it is published. The Service may include features that automate publishing on a schedule or under defined conditions; if you enable those features, you are agreeing to publication of Generated Content under those conditions, and you remain solely responsible for the published output.
We do not warrant that Generated Content will be accurate, original, non-infringing, suitable for your purposes, compliant with the policies of any third-party platform, or appropriate for any specific audience. To the extent permitted by law, you waive any claim against kwipt arising from Generated Content that is published on your behalf with your authorization.
4.3 Generated Content Ownership
As between you and kwipt, you own the Generated Content that the Service produces from your inputs and Customer Content, subject to the underlying rights of any third-party AI providers in their models and to the terms of those providers. You grant kwipt a non-exclusive license to use Generated Content to operate, improve, and demonstrate the Service.
We do not use your Customer Content or Generated Content to train foundation AI models without your consent. Aggregated and de-identified usage data may be used to improve the Service.
4.4 Acceptable Content
You agree not to use the Service to create, schedule, or publish content that:
- Is unlawful, defamatory, harassing, threatening, or violates the rights of others;
- Infringes any copyright, trademark, trade secret, or other intellectual property right;
- Contains malware, deceptive code, or attempts to compromise security;
- Is intentionally false, misleading, or designed to deceive consumers;
- Violates the terms, guidelines, or policies of any third-party platform on which it is published;
- Constitutes spam, fake reviews, fake engagement, or coordinated inauthentic behavior;
- Sexualizes minors, depicts non-consensual content, or violates applicable laws regarding child safety;
- Promotes hate, discrimination, or violence against protected groups.
We may remove or refuse to publish content that we reasonably believe violates these Terms or the policies of a Connected Account's platform.
5. Subscriptions, Fees, and Payment
5.1 Plans and Pricing
Access to the Service requires a paid subscription. Current plan tiers and pricing are published on kwipt.com. We may offer founding-customer pricing, promotional pricing, beta access, or trial periods at our discretion, subject to terms specific to those offers.
5.2 Billing
Subscriptions are billed in advance on a recurring basis (monthly or annually as selected). By subscribing, you authorize kwipt and its payment processors to charge your designated payment method for the applicable fees, including any taxes. Subscriptions automatically renew at the end of each billing period unless cancelled before renewal.
5.3 Changes to Pricing
We may change subscription prices, plan features, or plan structure at any time. If we change pricing for an existing subscription, we will notify you at least 30 days before the change takes effect. Continued use of the Service after the change takes effect constitutes acceptance of the new pricing.
5.4 Refunds
Except where required by law, fees are non-refundable. If you cancel mid-period, the Service will remain active through the end of the paid period.
5.5 Non-Payment
If a payment fails, we may suspend or terminate access to the Service. You remain responsible for amounts owed through the date of termination.
6. Customer Responsibilities
You are responsible for:
- The accuracy of all information you provide to kwipt and through the Service;
- Reviewing and approving content before publication, including content scheduled for automated publishing;
- Compliance with all laws and regulations applicable to your business, your industry, and the jurisdictions where you and your audience are located;
- Compliance with the terms of service and policies of all Connected Accounts;
- Maintaining your own copies and backups of important Customer Content;
- All activity that occurs under your account.
7. Service Availability and Modifications
We strive to keep the Service available and reliable, but we do not guarantee uninterrupted or error-free operation. The Service depends on third-party platforms, APIs, and infrastructure providers, and may be affected by their availability, rate limits, policy changes, or outages.
We may modify, suspend, or discontinue all or part of the Service at any time. If we discontinue a material feature you rely on, we will use commercially reasonable efforts to provide advance notice.
8. Intellectual Property
The Service, including its software, design, branding, name, logos, AI models proprietary to kwipt, documentation, and all related intellectual property, is owned by kwipt or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws. You receive no rights to the foregoing other than the limited right to use the Service in accordance with these Terms.
You agree not to: (a) copy, modify, reverse engineer, decompile, or disassemble any part of the Service; (b) resell, sublicense, or commercially exploit the Service except as expressly permitted; (c) use the Service to build a competing product; (d) remove or obscure any proprietary notices.
9. Privacy
Our handling of personal information is described in our Privacy Policy, available at kwipt.com/privacy. By using the Service, you acknowledge that you have read and understood the Privacy Policy.
10. Confidentiality
Each party may have access to non-public information of the other party in connection with the Service (“Confidential Information”). Each party agrees to use the other's Confidential Information only to perform its obligations and exercise its rights under these Terms, and to protect it with at least the same degree of care it uses for its own confidential information of similar importance, and in no event less than reasonable care.
11. Term and Termination
These Terms remain in effect while you have an account or use the Service. You may cancel your subscription at any time through your account settings. We may suspend or terminate your access to the Service at any time, with or without cause, including for any breach of these Terms.
Upon termination, your right to use the Service ends, and we may delete your Customer Content and Generated Content after a reasonable retention period. You should download anything you wish to retain before terminating.
Sections that by their nature should survive termination — including ownership, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive.
12. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, KWIPT DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT GENERATED CONTENT WILL BE ACCURATE, ORIGINAL, NON-INFRINGING, OR SUITABLE FOR YOUR PURPOSES. WE DO NOT WARRANT ANY SPECIFIC BUSINESS, MARKETING, OR FINANCIAL RESULTS FROM USING THE SERVICE.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KWIPT, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF KWIPT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
KWIPT'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO KWIPT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.
14. Indemnification
You agree to defend, indemnify, and hold harmless kwipt, its affiliates, and their officers, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your Customer Content; (b) your use of the Service; (c) your breach of these Terms; (d) your violation of any law or third-party right, including the terms of any third-party platform; or (e) content published from your account, whether AI-generated or otherwise.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of those courts.
16. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance.
17. General
These Terms, together with the Privacy Policy and any plan-specific or order-specific terms, constitute the entire agreement between you and kwipt concerning the Service. If any provision is held unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all our assets.