Terms of Use - Mediapost | AI-Powered Social Media Content Generation Platform

Introduction

This document aims to establish the general terms and conditions of use for the Mediapost reference platform (website), as outlined below ("Terms of Use").

Acceptance of these Terms is an essential condition for using the Mediapost platform. The platform offers monthly posting plans, automated content generation for social media via artificial intelligence, cloud storage, and access to a personalized profile.

By reading these Terms of Use and starting to use the platform, you acknowledge and agree to all rules and conditions stipulated herein. Should you have any questions regarding any aspects related to this document, please contact us via (email). Furthermore, if you do not understand and/or disagree with any provisions herein, we advise against using the Mediapost Platform. If you disregard this recommendation, you assume full responsibility for any potential damages or other consequences resulting from improper use.

If the Terms of Use are updated, or if you already are a platform User and begin to disagree with the Terms, you may cancel your account by sending an electronic message to (email), requesting cancellation.

The Terms of Use may be modified at any time to accommodate the development and continuous improvement of the Platform without prior notice to the User, provided the User is given the opportunity to accept or reject such modifications, as described below.

In case of significant changes, the User will be notified through a specific electronic message and/or via the Platform, allowing evaluation and acceptance of the implemented changes before continuing platform use. Changes to the Terms of Use will take effect 7 (seven) days after publication on the Platform, and must be accepted by the User to continue benefiting from the service provided by the Platform.

If the User disagrees with the Terms of Use, they may cancel their account as mentioned above. Thus, the contractual relationship between the Platform and the User will be terminated, provided there are no outstanding debts owed to the Platform. If no response is provided by the User within the given period for evaluation and validation of the changes to the Terms of Use, it will be understood that the User agrees and accepts the new version.

1. Definitions

For all purposes of these Terms of Use, unless explicitly stated otherwise herein or required by context, the following capitalized terms, whether singular or plural, shall have the meanings defined below:

"Registration": refers to the personal information and data provided by Users to the Platform, which are prerequisites for its use;
"Content": refers to all information, images, captions, and data created or generated by the Platform during its functionalities and related activities, whether currently available or implemented in the future, according to the chosen and acquired usage plan, including any test versions;
"Rights": refers to any patents, trademarks, trade secrets, copyrights, obligations, or any other rights belonging to Mediapost or Third Parties;
"Mediapost": refers to the company identified in the preamble of these Terms of Use, encompassing the Platform as defined below;
"User": refers to any individual or legal entity that has provided the necessary information for Registration with the Platform;
"Third Party": refers to any individual or legal entity other than Mediapost and Users;
"Terms of Use": refers to this document and any modifications and/or amendments thereto;
"Platform": refers to the software-based platform assisting Users in creating social media posts using artificial intelligence to generate images and captions and performing other related activities, named Mediapost;
“Social Media”: means any digital platforms, including but not limited to Instagram, Facebook, LinkedIn, and other similar platforms on which the User holds an active account and to which the Platform offers integration for content creation and publication. These platforms are subject to their respective Terms of Use and Privacy Policies, which are independent of the Mediapost Terms of Use.

2. Purpose

2.1. Mediapost offers the User subscription-based use of the Platform, enabling automated creation of social media content, including the generation of images and captions through artificial intelligence, based on User preferences.

2.2. Access to the Mediapost platform is available exclusively through subscription plans. Billing is monthly, recurring, and automatically renewed each month.

2.3. Subscribers may request subscription cancellation at any time by contacting the support team. Cancellation will not incur penalties or fees.

2.4. The Platform does not provide professional advice, consulting, or counseling, being limited to automated content creation without guaranteeing results.

2.5. Generated content is the exclusive responsibility of the User, who must provide necessary data for post creation and review the obtained results.

2.6. Mediapost integrates the Platform with external systems to optimize functionality, but generated content comes from User-provided data.

3. Registration

3.1. Registration, subsequent Platform use, and related Content access are strictly available to individuals or legal entities, explicitly forbidding any application of systems or interfaces for automating the generation of content provided by the Platform. Registrants must possess civil and legal capacity to contract the Platform through acceptance of these Terms of Use.

3.2. The Content generated by the Platform will rely on User-provided information and will only be accessible after completing Registration and agreeing to these Terms of Use.

3.2.1. Access to paid functionalities will be granted only after verifying the accuracy and validity of the provided payment details, observing Clause 7 of these Terms of Use.

3.3. Correct provision of information described in item 3.1 is entirely the User's responsibility, who guarantees its truthfulness and accuracy. Mediapost bears no responsibility or legal obligation for issues arising from incorrect data provided by the User.

3.4. Upon correctly filling out the information requested during Registration and/or the User Profile, an account will be created accessible via an individual login and password—the login being the provided email—which will be used to access the restricted area of the account and the Platform functionalities.

3.5. The account, login, and password for Platform access are personal and non-transferable and must be kept confidential by the User, securely stored, and free from third-party access, being exclusively the User's responsibility.

3.6. In case of login/password loss, the User must access the specific password recovery resource available on the Platform and follow the necessary procedures to recover their information.

4. Content

4.1. All Content provided by the Platform to the User will be based on data provided solely by the User, who bears full and exclusive responsibility. Mediapost assumes no responsibility for the outcomes generated by using the Platform.

4.2. The User commits to using the artificial intelligence social media software exclusively for creating posts and accessing cloud storage, fully respecting the applicable laws in the country.

4.3. Content creation through the virtual assistant must comply with the terms herein established. The use of the software for illicit purposes or activities that might infringe upon third-party rights, including but not limited to copyrights, trademarks, and any other intellectual property rights, is strictly prohibited.

4.4. Cloud storage access is permitted exclusively to the account holder. Transfer, sale, rental, or any form of access assignment to third parties without explicit written authorization from the Platform is prohibited. Users are responsible for maintaining the confidentiality of their access credentials and all activities carried out on their accounts.

4.5. The Platform commits to adopting the necessary technical and administrative measures to protect Users' personal data, ensuring the confidentiality, integrity, and availability of stored information.

4.6. The User consents that the Platform may collect and process personal data necessary for software operation and service provision in compliance with the legal bases established by legislation.

4.7. Any violation of the usage rules outlined in these Terms of Use may result in the suspension or cancellation of platform access, without prejudice to applicable legal actions to remedy caused damages.

4.8. The Platform reserves the right to implement software updates or modifications at any time to enhance user experience, provided that the legal and contractual provisions established herein are respected.

4.9. The Mediapost Platform uses artificial intelligence to generate personalized images and captions for social media based on data provided by the User.

4.10. Mediapost functions solely as a medium for generating this content and bears no responsibility for the accuracy, suitability, legality, or impact of the generated results. The User is exclusively responsible for data entered and the use of content produced by the Platform.

4.11. By generating content through Mediapost, the User receives a non-exclusive, non-transferable, and revocable license to use the generated images and captions solely for personal or professional purposes.

4.12. The User acknowledges that Mediapost holds copyright over the content generated by the Platform and that any unauthorized modification or misuse may result in legal action.

5. Storage

5.1. Content generated on the platform, including images and captions for social media posts, will be stored in the cloud for a period of 12 (twelve) months from the date of the User's last access to the respective content.

5.2. After the period of 12 (twelve) months without renewed access to the generated content, such content will be permanently removed from the platform's servers, with no possibility for subsequent access or recovery.

5.3. Cloud storage allows the User to access generated content from any internet-enabled device, ensuring convenience and flexibility in platform usage.

5.4. Responsibility for managing the generated content, including creating backups or transferring data to other storage mediums before the 12-month period expires, lies exclusively with the User.

5.5. The platform is not responsible for any losses or damages resulting from the removal of content after the specified period. It is the User's responsibility to ensure critical or valuable data has been properly preserved prior to its deletion.

5.6. The User acknowledges and agrees that cloud storage availability is an additional service provided by the platform, subject to the terms and conditions described herein, and may be subject to changes based on technological evolution and internal company policies.

6. Representations and Warranties

6.1. The User declares and warrants they will not use the Platform for the purposes listed below, which are provided merely as examples and not exhaustively:

Transmit, display, send, or otherwise make available any Content that is unlawful, including but not limited to content that is offensive to honor, invasive of third-party privacy, threatening, vulgar, obscene, prejudiced, racist, or otherwise objectionable;
Forge headers or otherwise manipulate identifiers to disguise the origin of any transmitted Content;
Make available, disclose, send, transmit, or otherwise distribute any Content without having full legal rights, whether by law, contract, or fiduciary relationship;
Make available, disclose, send, transmit, or otherwise distribute any Content that violates any Rights;
Make available, disclose, send, transmit, or otherwise distribute any Content containing viruses or any other code, file, or computer program intended to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment;
Interrupt the normal flow of information exchange, interfere with other users' utilization and enjoyment of profiles, or otherwise affect other Users' abilities to engage in real-time communications or message exchanges;
Interfere with or disrupt Mediapost, networks, or servers connected to the Platform, attempt or obtain unauthorized access to the database, other computer systems, or networks connected to Mediapost, or disregard any rule, procedure, policy, or regulation of networks or systems connected to Mediapost through devices, software, or any other means (including but not limited to robots, spiders, crawlers, and extractors);
Intentionally or unintentionally violate any national or international legislation;
Secretly monitor or otherwise harass Third Parties and/or other Users;
Obtain, store, and/or dispose of personal data of other Users by any means.

6.2. The User acknowledges that Mediapost is not responsible for issues or problems related to:

Any damages or losses, including direct or indirect lost profits and similar damages, arising from or related to content generated on the Platform;
Any damages or losses, including direct or indirect lost profits and similar damages, arising from or related to errors or inconsistencies present in the content generated on the Platform;
Contractual or extra-contractual obligations resulting from exclusion or failure in assisting with the analysis of elements related to social media content production and related activities, for any material or moral damages without limitation, lost profits, loss of goodwill or information, or other intangible losses resulting from (i) use or inability to use the Platform, (ii) instructions or conduct of Third Parties regarding profiles, (iii) potential content inconsistencies, (iv) unforeseen or force majeure circumstances, and (v) User actions inconsistent with or unrelated to the Platform's purpose;
Incorrect and/or untruthful information provided by the User;
Any technical issues with the Platform, its servers, internet access, or related infrastructure issues of the Platform and/or User;
Possible delays or difficulties in providing or accessing information due to the technology used by the Platform. Such occurrences shall not constitute liability of the contracted party and are not subject to any indemnification or penalty; and
Use or inability to access the Platform due to non-payment and consequent subscription cancellation.

6.3. Additionally, the User acknowledges being legally responsible, civilly and criminally, for any intrusion, attempt, or activity violating or contradicting current legislation and/or any provisions of these Terms of Use, especially those described in item 6.1, subject to relevant legal actions and sanctions as well as indemnification obligations for any damages caused.

6.4. Mediapost declares that, to protect Users' private information, it utilizes digital certificates to ensure the security of electronic operations by encrypting data communication between the server and User device.

6.5. Mediapost's adoption of security measures, including via the Platform, does not exempt the User from adopting best practices for information security on their electronic devices and internet access networks.

6.6. Any security failures in Platform operations are not objectively Mediapost's responsibility unless omission or negligence is proven.

7. Mediapost Obligations

7.1 Mediapost shall:

Guide, coordinate, and internally supervise the proper functioning of the Platform;
Maintain a dedicated team continually working on enhancing the Platform, aiming to prevent, repair, and mitigate any technical issues arising from Platform operations;
Provide guidance and instructions to Users whenever relevant communications are necessary or upon specific demand.

8. Procedures Involving Copyright and Privacy

8.1. If a User or Third Party suspects their Content has been copied in a manner suggesting copyright infringement or identity misrepresentation, the User or Third Party must submit the following information/documents to Mediapost via email (email) to enable appropriate action:

Physical or electronic signature of the person authorized to act on behalf of the copyright holder;
Description of the location on the Platform where the material containing the discrepancy is found;
Address, phone number, and email address of the responsible User or Third Party;
Statement by the User or Third Party declaring their good faith belief that the disputed use was not authorized by the rights holder, their representative, or by law.

8.2. Within the scope of the measures mentioned in item 8.1 above, Mediapost may, if necessary, request a declaration from the User, under penalty of law, attesting that the information contained in the infringement notice is accurate and that the User holds the rights and/or is authorized to act in defense of those rights.

9. Intellectual Property

9.1. The User acknowledges that any intellectual property developed by Mediapost within the Platform, whether expanded or enhanced, will be exclusively owned and enjoyed by Mediapost. This includes intellectual property developed from suggestions, issues, or other interactions with Users via any communication channels. The User waives any potential rights or claims regarding any legal or business aspect of such property.

9.2. Any use of the Platform, whether free or paid, does not involve the assignment, transfer, or any other disposition of MediaPost’s intellectual property rights related to its products, particularly the Platform. The User may use Content generated by the Platform for individual and/or professional purposes, provided such use does not infringe any intellectual property rights.

9.3. The User expressly consents that Mediapost may store, process, and utilize their information to enhance services, in compliance with established legal bases.

9.4. The User may request the deletion of their personal data from MediaPost’s database at any time through email, except when there is a legal obligation to retain such data.

10. Privacy

10.1. Data Collection: Using the platform involves collecting personal data from users, including but not limited to name, email address, phone number, and payment information. Such data is collected with the user's explicit consent and is necessary for the proper functioning of the services offered by the platform.

10.2. Data Usage: Collected personal data will be used exclusively for platform operations, improving the services provided, and communicating with the user regarding their subscription plan and platform functionalities. Under no circumstances will data be shared with third parties without prior user consent, except when required to fulfill legal or regulatory obligations.

10.3. Data Protection: We implement appropriate technical and organizational measures to ensure the security of personal data, protecting it against unauthorized access, destruction, loss, alteration, or improper disclosure. These measures include encryption of sensitive data and restricted access controls for stored information.

10.4. User Rights: Users have the right to access, correct, update, and request the deletion of their personal data at any time in accordance with applicable legislation. Users can exercise these rights by making direct requests to our support team.

10.5. Data Retention: Personal data will be retained only for as long as necessary to fulfill the purposes described in this clause or as required by applicable legal obligations. After this period, data will be anonymized or securely deleted.

11. Confidentiality

11.1. Mediapost commits to maintaining confidentiality regarding data considered confidential by applicable law and provided by Users. Mediapost shall not disclose, reveal, reproduce, use, or share such data with Third Parties under any circumstance, except with the prior consent of the User, nor use the information for purposes other than those outlined in this document.

11.2. Mediapost shall not be held liable, under any circumstances, for the disclosure of User information by Third Parties authorized by Users.

11.3. Mediapost does not guarantee that generated images and captions are entirely original or free from similarities with content protected by copyright.

11.4. The User acknowledges sole responsibility for using the generated content and must review and ensure their publications comply with applicable laws and regulations.

11.5. If a Third Party alleges copyright infringement regarding any content generated by the Platform, the User shall assume full legal responsibility, including indemnification obligations, without prejudice to Mediapost's right to immediately cancel their account.

11.6. The User declares they will not use the Platform to generate content infringing intellectual property rights, trademarks, copyrights, or any other rights of third parties.

12.1. The integration of the Platform with Social Media requires the User’s express authorization to access their account, including the necessary permissions for creating and publishing content on their profile. This authorization is essential for the provision of services, and refusal or revocation may limit or prevent full use of the Platform’s features.

12.2. The Platform is not responsible for any technical issues, interruptions, or changes in the services provided by the Social Media platforms, such as changes in API policies, software updates, or service failures. The User acknowledges that such occurrences are beyond the Platform’s control and that any resulting inconveniences, including those that may impact features such as content scheduling and publishing, are the sole responsibility of the User and/or the Social Media platforms.

12.3. The use of Social Media through the integration provided by the Platform is subject to the Terms of Use of the respective Social Media platforms, which are independent of these Terms of Use. The User agrees to comply with all rules, policies, and guidelines established by the Social Media platforms and is solely responsible for any violations that occur in their account as a result of using the services offered by the Platform.

12.4. The Platform reserves the right to modify or discontinue the integration functionality with Social Media at any time and without prior notice, whether due to legal, operational, or technical requirements, or as a result of changes in the terms of service of the Social Media platforms. In such cases, the Platform will make reasonable efforts to inform the User of any changes, whenever possible.

12.5. The User agrees to comply with all rules, policies, and guidelines established by the Social Media platforms and is solely responsible for any violations that occur in their account as a result of using the services offered by the Platform, as well as for any legal consequences arising from the publication or sharing of content obtained through the Platform.

12.6. The use of Social Media through the integration provided by the Platform is subject to the Terms of Use and Privacy Policy of the respective Social Media platform, which are independent of these Terms of Use of Mediapost.

12.7. The User may, at any time, revoke the Platform's access to their Instagram account directly through the settings of the social network itself, by following the steps below:

Through the Instagram app (Android or iOS):

1. Go to your profile and tap the menu icon (three horizontal lines);
2. Navigate to “Settings and privacy” > “Website permissions”;
3. Tap on “Apps and websites”;
4. Under the “Active” tab, find Mediapost AI and select “Remove”.

Through the Instagram web version:

1. Go to www.instagram.com and log into your account;
2. Click on your profile and go to “Settings”;
3. Navigate to “Website permissions” > “Apps and websites”;
4. Under the “Active” tab, locate Mediaost AI and click “Remove”.

12.8. Once access is revoked, Mediapost will no longer have access to the User’s Instagram account, and all data previously collected through the integration will be permanently deleted, in accordance with the Platform’s Privacy Policy.

12.9. The use of the Instagram integration is subject to the Terms of Use and Privacy Policy of Meta Platforms, Inc., whose rules are independent of these Terms of Use and must be observed by the User.

13. Term and Termination

13.1. This agreement shall remain in effect indefinitely.

13.2. Mediapost and the User may terminate this agreement at any time.

13.3. For termination purposes, Mediapost must inform the User of the interruption of Platform access at least 30 (thirty) days in advance, except in cases of violations outlined in Clause 6 of these Terms of Use.

13.3.1. Mediapost reserves the unrestricted right to block, without prior notice, Platform access for Users who violate any part of these Terms of Use or fail to comply with national legislation for any reason.

13.4. The User may request cancellation of Platform access at any time by sending a specific email to (email).

13.4.1. If the User cancels Platform access as described in item 12.4 above, the cancellation will take effect within 7 (seven) business days, subject to authentication verification.

13.4.2. Upon cancellation of a paid plan, the User will immediately lose the right to use the Platform.

13.5. Mediapost may modify the Terms of Use at any time to comply with new regulations or improve the service. Such changes will be communicated to the User at least 7 (seven) days in advance.

13.5.1. If the User disagrees with these modifications, they may request immediate account cancellation without penalties, respecting the effective timeframe outlined in item 12.4.1 above.

13.5.2. Continued Platform usage after the notification period for changes implies the User's full acceptance of the new Terms of Use.

14. General Provisions

Independence of Parties. The parties acknowledge that this document does not establish any type of partnership, joint venture, or association, nor any contractual relationship granting authority to the User to act as a representative of Mediapost.

Defined Terms. The terms and expressions defined in this document will carry the meanings assigned to them, regardless of their use in singular or plural, masculine or feminine, nominal or verbal forms.

Assignment. The rights and obligations under this agreement may be assigned or transferred, wholly or partially, by either party without the prior written consent of the other, provided such actions occur within the scope of corporate restructuring, mergers, acquisitions, spin-offs, or incorporations.

No Implied Waiver. Tolerance by any party regarding non-compliance with any term, provision, or condition of this document will not constitute novation nor impair or restrict the rights of such party. Neither does it exempt the other parties from fully complying with their obligations as provided herein.

Partial Invalidity. A declaration of nullity, invalidity, or unenforceability of any provisions contained herein shall not affect the validity or enforceability of the remaining provisions, which shall remain binding as if the null, invalid, or unenforceable provision had been removed. The parties commit to using their best efforts to reach the intended objectives of the null, invalid, or unenforceable provision through mutual agreement, including adding a substitute provision.

Any disputes arising from these Terms shall be resolved by arbitration according to the rules of the International Chamber of Commerce (ICC). The arbitration shall take place in a neutral location agreed upon by both parties or determined by the ICC.

For any questions related to these Terms, please contact us via email (email).