Terms of Service

1. Who we are, and what these Terms are

• Mosewi Digital (eenmanszaak / sole proprietorship) (the "Operator", "we", "us")
• Registration number: Dutch Chamber of Commerce (KvK) 73856894
• Contact: through the support option shown inside MD (Settings).

These Terms of Service (the “Terms”) are a legal agreement between you and the Operator. They apply to your use of MD (the “Service”): the website and web app, its calendar, composer, library, approval queue, analytics, AI features, plans and any connected-platform features. Four other documents are part of this agreement and you accept them together with these Terms: the Privacy Policy, the Plans, Billing & Fair Use terms, the Content Rules & Your Responsibility, and the Data deletion page (together, the “Legal Documents”). If they conflict, the more specific document wins for its own subject.

You accept the Legal Documents by ticking the acceptance boxes when you create your account (or when asked again after an update) and by using the Service. If you do not accept them, do not use the Service. We keep a record of when, and from which device, you accepted (see the Privacy Policy).

2. Who may use MD

• You must be at least 18 years old and able to enter a binding contract. MD is not for children.
• If you use MD for a company, client or organisation, you confirm you are authorised to bind it, and “you” includes it. If you manage accounts for clients, you confirm you have their permission to do so and that you are responsible to them, not us.
• One person or organisation may hold one free account. Creating several accounts to get around limits (for example to collect extra free posts) is not allowed and may lead to all of them being suspended.
• You may only connect social media accounts that you own or that you are properly authorised to manage.
• You must give accurate sign-up details and keep them up to date.

3. What MD does — and what it does not do

MD is software that helps you organise and publish your own content. MD lets you draft posts, ask an AI for suggestions, review and approve them, and — only after you approve — send them to the social platforms you connected, at the time you choose. It also reads back performance information the platforms make available to us.

• MD is not a publisher of your posts, not your agent, and not your adviser. We do not choose, write on your behalf without your approval, review, endorse or vouch for what you publish.
• We give no promise about likes, reach, followers, sales, growth or any other result, and nothing in MD (including AI suggestions, “best times” or analytics) is a guarantee, marketing, legal, tax or financial advice.
• MD does not spend advertising budget and does not place ads. Advertising features are proposals only.

4. Your content, your approval, your responsibility

By approving or scheduling any post you confirm, for that post, that:

• you have read it and it says what you want it to say;
• you own it or have every right and licence needed to use all text, images, video, music, names, logos and other material in it;
• it complies with the law that applies to you and to the people it reaches, and with the rules of the platform it is posted to (see the Content Rules);
• where the law or a platform requires it, you have added the required labels — for example that a post is advertising or sponsored, or that content is AI-generated or altered;
• you have any consent needed from people who appear in it or are named in it.

You keep ownership of your content. You give us a limited, non-exclusive, worldwide licence to store, process, format, transmit and display your content only as needed to run the Service for you — including sending it to the platforms you chose — and to keep backups and comply with the law. That licence ends when the content or your account is deleted, except for copies that remain in backups for a short period or that we must keep by law.

We do not monitor content before it is published and have no duty to. We may, however, remove content from MD, cancel a queued post, suspend an account or refuse a request if we reasonably believe the Terms or the law are being broken (section 11).

5. AI features

• AI features (captions, hashtags, best times, the assistants, analysis, idea and post generation, and any automatic post-generation features) are produced by third-party AI models. They can be wrong, out of date, biased, repetitive, offensive or similar to existing material, and they can invent facts.
• AI output is a suggestion. It is never a decision, never approved for you and never published without your approval. Reviewing it is your job — see section 4.
• MD Autopilot (where your plan includes it) plans a whole month of posts from your settings and your own results, and can start the next month's plan by itself if you switch that on. It only ever creates drafts that wait for you: it cannot approve or publish anything. Posts it writes are AI-written posts in every sense of this section, including "Approve all ready", which approves only the posts you tell it to approve, on your instruction and at your responsibility. Facts, prices, offers or claims it could not know are flagged for you to complete; you must check them.
• We do not guarantee that AI output is accurate, original, free of third-party rights, suitable for your purpose or lawful in your country. You are responsible for checking it.
• What you type into AI features, and relevant information from your account (such as your past posts and results), is sent to our AI provider to produce the answer (see the Privacy Policy). Do not enter secrets or other people’s personal data you have no right to share.
• AI features have monthly allowances that depend on your plan (see Plans, Billing & Fair Use). They may be slower, limited or unavailable at times, for example if our AI provider is down.
• You must follow our AI provider’s usage policy when using AI features. Using AI to create prohibited content (section 11) is not allowed.

6. Connected platforms (Instagram, Facebook, TikTok, YouTube, LinkedIn, Pinterest and others)

• Connecting uses each platform’s own official sign-in. MD never sees or stores your social media password. We store the access tokens the platform gives us, encrypted, so we can post for you until you disconnect.
• The platforms are independent companies. Their availability, rules, limits, review processes, fees, features, API changes, moderation and decisions (including removing a post, limiting reach or suspending or closing your account) are outside our control. We are not responsible for anything a platform does or fails to do, including a post that is delayed, changed, restricted or rejected, or an account that is limited or banned.
• Your use of each platform is also governed by that platform’s own terms. You must comply with them. If a platform withdraws or limits our access, the related feature may stop working without liability on our part.
• Some platforms only let apps publish after the platform has reviewed and approved the app, or limit how many posts an app can send. Such limits apply to you too. A feature that is described as “coming soon”, “beta” or “not connected yet” may not work for you.
• You can disconnect an account at any time in MD, and also in the platform’s own settings, which is the way to revoke access completely.

7. Plans, prices and payment

MD has a free plan and paid plans built from separate sections (posts and AI). Prices, allowances, the yearly option, billing, renewal, cancellation, refunds, taxes and fair use are set out in the Plans, Billing & Fair Use terms, which are part of these Terms. Nothing in the Service is guaranteed to stay free, and features may move between plans for new purchases (existing paid periods are honoured).

8. Beta and unfinished features

Some features are labelled “beta”, “coming soon” or “not available yet”. They are not part of what you have bought or been promised, may be incomplete, may change or be withdrawn, and are described only to show where MD is heading. We commit to no delivery date. When a feature that needs your approval (for example automatic generation of posts) becomes available, it will still only prepare drafts for you to approve.

9. Your account and security

• You are responsible for your password and for everything done with your account. Choose a strong, unique password and tell us straight away if you think someone else has access.
• Anyone who signs in with your details can approve and publish posts on your connected accounts. We are not liable for use of your account that you did not prevent with reasonable care.
• Do not share your account, sell or rent access to it, or use it to provide MD to others as your own service.

10. Intellectual property

MD, its software, design, name, logo and documentation belong to the Operator or its licensors. You get a personal, non-exclusive, non-transferable right to use the Service under these Terms. You may not copy, reverse engineer, scrape, resell or build a competing service from it, or remove notices from it. If you send us feedback or ideas, we may use them freely without paying you.

11. Acceptable use, suspension and ending your account

You must not use MD to:

• break any law or any platform’s rules, or help someone else do so;
• publish content that is illegal, infringing, defamatory, hateful, harassing, sexually explicit involving minors, promoting violence, self-harm or terrorism, deceptive, fraudulent, or that invades privacy (the Content Rules give more detail);
• send spam, run fake or coordinated inauthentic accounts, buy or sell engagement, or publish in a way designed to trick a platform’s systems;
• impersonate a person or organisation, or connect an account you are not authorised to use;
• attack, probe, overload, scrape or reverse engineer the Service, bypass usage limits or plan restrictions, or use bots to access it;
• resell, sublicense or white-label the Service, or share an account between unrelated businesses;
• abuse a payment method, or file a payment dispute for a service you received.

If we reasonably believe you broke these Terms or the law, or that your use puts the Service, other users, a platform relationship or us at risk, we may, with or without notice where the situation is urgent: cancel queued posts, restrict features, suspend or close your account, refuse to connect certain accounts, and report the matter to the platform or the authorities where we are required or entitled to. We will normally tell you why unless the law or an investigation prevents us. Paid periods are not refunded after a suspension for your breach, except where the law says otherwise.

You can stop using MD and delete your account whenever you like (Settings → Legal & account, or see the Data deletion page). We can end or pause the Service, or your access, with reasonable notice where practical. Sections that by nature should continue (including 4, 5, 6, 10, 12, 13, 14, 15, 17, 18, 22 and 23) survive the end of this agreement. If your account stays inactive (no sign-in) for 24 months on the free plan, we may close it after warning you in the app or by email at least 30 days in advance.

12. No warranties

To the fullest extent the law allows, the Service is provided “as is” and “as available”. We do not promise that it will be uninterrupted, timely, secure or error-free, that posts will be published at a particular minute or at all, that data will never be lost, that AI output or analytics will be accurate, or that it meets your particular needs. Posting depends on third-party platforms and infrastructure we do not control. Keep your own copies of anything important. We disclaim all implied warranties and conditions, including of merchantability, fitness for a particular purpose, title and non-infringement, to the extent the law allows. No advice or information, whether oral or written, obtained from us or through the Service creates any warranty not expressly stated in these Terms.

13. Limits on our liability

To the fullest extent the law allows:

• We are not liable for any content you or anyone using your account creates, approves or publishes, or for its consequences — including claims by third parties, platform penalties, lost reach, lost followers, lost income, fines and legal costs.
• We are not liable for indirect or consequential loss, loss of profit, revenue, business, goodwill, opportunity or data, or for anything caused by a third-party platform, the AI provider, hosting, payment or other providers, or by events beyond our reasonable control.
• We are not liable for loss caused by unauthorised access to your account or to our systems, by viruses or attacks, or by the acts of hackers or other third parties, provided we took the security measures described in section 18.
• We are not liable for any decision you take based on AI output, analytics, recommendations or “best time” suggestions.
• Our total liability to you for everything connected with the Service in any 12-month period is limited to the amount you paid us for the Service in the 12 months before the event, or €100 if you paid nothing. This cap applies to all claims together, whatever their legal basis (contract, tort including negligence, statute or otherwise).
• A claim is only possible if you report it to us in writing within 30 days (business users) or two months (consumers) after you discovered (or should reasonably have discovered) the event, so we can try to fix it.

What this does not limit. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law — for example liability for intentional wrongdoing or gross negligence, for death or personal injury, for fraud, or your mandatory rights as a consumer. If you are a consumer, the mandatory consumer-protection rules of the country where you live continue to apply to you regardless of these Terms.

14. You protect us from claims about your content

To the extent the law allows (and, if you are a business, without limit; if you are a consumer, to the extent your own fault caused it), you will compensate us and hold us harmless against claims, losses, penalties and reasonable legal costs brought by any third party, platform or authority that arise from content you approved or published, your breach of these Terms or the law, or your use of a connected account you were not entitled to use. We will tell you about the claim promptly and let you help deal with it where that is sensible.

15. Consumers

If you use MD as a consumer (not for your trade, business or profession), you keep every right the law gives you that cannot be waived, including rights about defective digital services and, in the EU/EEA and the UK, the right to withdraw from a distance contract for a digital service. How withdrawal works for paid plans, including what happens if you ask for the service to start straight away, is explained in the Plans, Billing & Fair Use terms. If any part of these Terms is unfair or invalid towards you under consumer law, only that part is affected.

16. Changes

We may change the Service and these documents, for example because of new features, new laws or new platform rules. We will show the new version date and ask you to accept it again when the change matters. For a change that is materially worse for paying customers we give at least 30 days’ notice, and you may cancel before it applies. Continuing to use the Service after the change takes effect means you accept it, except where the law requires your express consent.

17. Business users who handle other people’s data (data processing terms)

If you use MD for a business and put personal data of other people into it (for example your clients’ or their customers’ names, images or messages, or the data of social media accounts you manage for clients), you are the “controller” of that data and we process it for you as your “processor” within the meaning of the EU General Data Protection Regulation (GDPR, article 28). This section is our data processing agreement with you; it applies automatically and needs no separate signature.

• Subject, duration and purpose: we process that data only to provide the Service to you, for as long as you use it, and then delete it as described on the Data deletion page.
• Types of data and people: whatever you choose to put into MD or connect to it — typically names, account handles, images, video, captions, messages and post performance data of you, your clients, and people who appear in or react to your content.
• Instructions: we process it only on your documented instructions, which are given by how you use and configure the Service, unless the law requires otherwise (in which case we tell you, where allowed).
• Confidentiality and security: anyone we allow to process the data is bound to confidentiality, and we apply the security measures in section 18.
• Sub-processors: you authorise us to use the sub-processors listed in the Privacy Policy (hosting, database, file storage, AI provider and the platforms you connect). We will announce new sub-processors in the Privacy Policy before using them; you may object by stopping use of the Service. We impose equivalent data-protection duties on them.
• Help with rights and duties: taking into account what we can reasonably do, we help you answer requests from people exercising their GDPR rights and with your security, breach-notification, impact-assessment and consultation duties.
• Breaches: we tell you without undue delay after becoming aware of a personal data breach affecting that data.
• End: when your account ends, we delete that data (or return it if you ask before deletion), except copies the law requires us to keep.
• Audits: we give you the information reasonably needed to show we meet these duties. On-site audits are only possible where the law requires them, at your cost, with reasonable notice and confidentiality.
• You confirm that you have a lawful basis for putting that data into MD and for the processing you instruct, and that you have given the people concerned the information the law requires.

18. Security and incidents

We protect the Service with reasonable technical and organisational measures appropriate to the risk, including encrypted connections, encryption of stored platform access tokens, access controls, password hashing and restricted access to the database. No system is completely secure, however, and we cannot guarantee that unauthorised access, loss or disclosure will never happen. If a security incident affects your personal data, we will inform you and, where required, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) as the law requires. You must keep your own devices, passwords and connected accounts secure, and tell us immediately about any security problem you notice in MD. Do not test or probe our security without our written permission.

19. Reporting illegal content and copyright complaints

• Anyone may report content or activity in MD that they believe is illegal or breaks these Terms (EU Digital Services Act). Your report should explain what the content is, where it is, why you believe it is illegal, and include your name and email address (unless it concerns child sexual abuse material), plus a statement that you believe your report is accurate and complete.
• If you believe material handled through MD infringes your copyright or other intellectual property, include in your report: the work you say is infringed, the material you say infringes it and where it is, your contact details, a statement that you have a good-faith belief the use is not authorised by the owner, its agent or the law, and a statement that the information is accurate and that you are the owner or authorised to act for the owner, signed physically or electronically.
• We review reports with care, act on them where appropriate (for example by removing the material from MD or cancelling a queued post), tell the reporter and the affected user what we decided and why where the law requires it, and may suspend users who repeatedly infringe or post illegal content. A user whose content we removed may ask us to reconsider. Knowingly false reports are not allowed.
• Most content handled by MD is published on third-party platforms: to remove content that is already live on a platform, you must also report it to that platform.
• Single point of contact for authorities, the European Commission and users under the Digital Services Act: see section 24. We accept communications in English and Dutch.

20. Sanctions and export rules

You confirm that you are not located in, or ordinarily resident in, a country or region subject to comprehensive EU, UN or US sanctions, and that you are not on, or owned or controlled by anyone on, an EU, UN, UK or US sanctions list. You must not use the Service in breach of any sanctions or export control law. We may suspend or end access immediately where continuing would break such rules.

21. Events outside our control

We are not responsible for any delay or failure caused by events beyond our reasonable control, including outages or changes at hosting, database, AI or payment providers or at social platforms, internet or power failures, cyber-attacks, pandemics, war, terrorism, strikes, natural disasters, government action or changes in law. Our obligations are suspended for as long as such an event lasts.

22. Governing law, disputes and time limits

• These Terms, and every dispute or claim arising out of or in connection with them or the Service (including non-contractual disputes), are governed by the law of the Netherlands. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
• The competent court in the Netherlands has exclusive jurisdiction, except that if you are a consumer living in the EU/EEA, the UK or Switzerland, you keep the mandatory protection of the law of the country where you live and may also bring proceedings in the courts there.
• Before starting any proceedings, you must first contact us in writing and give us 30 days to try to solve the matter together. Consumers may also use any alternative dispute resolution scheme available to them.
• Individual claims only. To the fullest extent the law allows, you may bring claims against us only in your own name, and not as a plaintiff or class member in any class, collective, group or representative action, and any court proceedings will be decided by a judge without a jury. This paragraph does not apply to the extent it is not allowed under the mandatory law that applies to you (for example Dutch or other EU collective-action rules for consumers).
• To the fullest extent the law allows, any claim against us must be brought within one year after you knew or should have known of the facts giving rise to it; after that the claim lapses. Longer mandatory limitation periods that apply to consumers are not affected.

23. General

• These Terms and the other Legal Documents are the whole agreement between you and us about MD and replace earlier versions.
• If a part is found invalid or unenforceable, the rest stays in force and the part is replaced by a valid one that comes closest to its purpose.
• If we do not enforce a right straight away, we have not given it up.
• You may not transfer your rights or duties under these Terms without our written consent. We may transfer ours to a successor of the Service or as part of a sale or reorganisation of our business, provided your rights are not reduced.
• You agree to receive contracts, notices and other communications electronically. We may send notices by showing them in the app or by email (if you gave one); they count as “in writing”. We are not responsible for a notice you did not receive because your details were out of date.
• Our electronic records of your acceptance of these Terms, of your approvals and of your actions in MD are valid evidence, unless you prove otherwise.
• Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and us. No one other than you and us has any right to enforce these Terms.
• Links to or features of third-party websites and services are provided for convenience; we do not control and are not responsible for them.
• Headings are for convenience only. “Including” means “including without limitation”.
• The English version is the binding one; translations are for convenience.

24. Contact and reporting abuse

Questions, legal notices, privacy requests and reports of illegal or abusive content or misuse of MD can be sent through the support option in Settings. Please include enough detail (what, where and why) for us to act.