Terms of Service
The short version
- Your content stays yours. You let us store it and publish it where and when you tell us to.
- You're responsible for what you and your team post, including anything AI helped write. Review drafts before they go out.
- Social platforms have their own rules and outages, which we don't control.
- The owner of a business account is responsible for their team.
- This summary isn't a substitute for the full terms below.
1. Agreement
These Terms of Service ("Terms") are an agreement between you and [LEGAL ENTITY NAME] ("BrandRhythms", "we", "us") for your use of brandrhythms.com, app.brandrhythms.com, and related services (the "Service"). By creating an account, accepting an invite, or using the Service, you agree to these Terms and to our Privacy Policy.
If you use the Service for a business or other organization, you agree to these Terms on its behalf and confirm you have authority to do so. "You" then includes that organization.
2. Eligibility and accounts
- You must be at least 18 years old and able to form a binding contract to use the Service.
- The Service is for business and professional use: managing social media for brands you own or are authorized to manage.
- Give accurate information when you sign up and keep it up to date.
- Keep your password secure. You're responsible for activity under your account. Tell us right away at [CONTACT EMAIL] if you think someone accessed it without permission.
- One person per login. Don't share accounts; invite teammates instead.
3. Businesses, brands, and team roles
When you sign up, you create a business account (an "organization") and become its owner. Within it you can add brands and invite teammates as Social Media Managers or Content Creators. What each role can do is described in the app and in our Privacy Policy.
- The owner controls the business account: its brands, team, connected social accounts, plan, and billing.
- The owner is responsible for everyone they invite, including making sure teammates follow these Terms, and for what teammates do in the Service.
- Content created in a brand belongs to the business account, not to the individual teammate, and stays with the brand when a teammate leaves.
- If you were invited, your access depends on the owner. They can change your role or remove you at any time.
- If an owner can no longer manage the account, we may transfer ownership only after verifying that the request comes from the business.
4. Plans, payments, and limits
[PRICING PLACEHOLDER: replace this section once Stripe pricing is final. It should cover prices, billing cycle, free trials, renewals, cancellation, refunds, taxes, and price changes.]
- Each plan includes limits, such as the number of brands, connected social accounts, teammates, AI credits, and storage. The current limits are shown in the app. When you reach a limit, the Service won't let you go past it until you change plans or the period resets.
- AI credits reset each billing period and unused credits don't carry over.
- Paid plans renew automatically until cancelled. Payments are processed by our payment provider, Stripe, under its terms.
- We may change plans and prices. We'll give owners at least 30 days' notice of a price increase, which applies from the next renewal.
5. Acceptable use
Don't use the Service to:
- post or store content that is illegal, infringes anyone's intellectual property or privacy, is defamatory, harassing, hateful, sexually exploits minors, or promotes violence;
- send spam, run fake engagement or coordinated inauthentic behavior, or impersonate a person or brand you aren't authorized to represent;
- manage social accounts you don't own or aren't authorized to manage;
- break the rules of any connected platform, including Meta's and TikTok's terms and community guidelines;
- publish misleading health, financial, or political claims, or ads that break advertising law, such as undisclosed paid endorsements;
- upload malware or try to access other customers' data, our systems, or accounts you don't have access to;
- overload, scrape, reverse engineer, or get around limits or security in the Service, except as the law allows; or
- use the Service or its AI to build a competing product, or in a way that violates Anthropic's Usage Policy.
We may remove content or limit features to address a violation.
6. Your content
"Your content" means everything you or your team put into the Service or ask it to create for you: Brand Brain details, ideas, captions, posts, media, and AI drafts you keep.
- You own your content. We don't claim ownership of it.
- License to us: you give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, adapt (for example, resizing an image or converting it to a format a platform accepts), display it to your team, send it to our AI and other service providers, and publish it to the accounts you connected, in each case only to provide the Service on your instructions. This license ends when your content is deleted from the Service, except for copies we're allowed to keep under our Privacy Policy (such as backups that expire).
- Your promises: you have all the rights and permissions needed for your content, including the people, music, logos, and images in it, and for us to use it as described above.
- Feedback: if you send us suggestions about the Service, we may use them without any obligation to you.
We own the Service, including its software, design, and the BrandRhythms name and logo. These Terms don't give you any rights in them beyond using the Service.
7. Responsibility for what gets posted
You decide what is published, where, and when. The Service publishes only posts that someone on your team created or approved, at the time they chose.
- You're responsible for everything published through your account, including its accuracy, legality, and compliance with platform rules and advertising and disclosure laws.
- Check scheduled posts. Times are shown in each brand's timezone. Platforms may change how a post looks, crop media, or reject it.
- We aren't responsible for the reactions to, or consequences of, content you publish.
- We don't monitor content before it's published, but we may review content when we receive a complaint or suspect a violation.
8. AI-generated content
The Service uses AI (Claude, by Anthropic) to suggest captions, hashtags, ideas, and Autopilot drafts based on the details you give each brand.
- AI output can be inaccurate, incomplete, repetitive, or similar to content created for others. It may not reflect current events.
- AI drafts are suggestions. Autopilot posts wait for approval, and you're responsible for reviewing, editing, and fact-checking everything before it's published.
- To the extent we have any rights in AI output created for you, we assign them to you. We can't promise AI output is protected by copyright or doesn't resemble others' work.
- Don't use AI features to create content that violates section 5.
9. Third-party platforms
The Service connects to social platforms such as Facebook, Instagram, and TikTok. When you connect an account, you also agree to that platform's terms and policies, and you authorize us to access it as described in our Privacy Policy.
- We don't control these platforms. They may change or limit their features, APIs, permissions, rate limits, formats, or policies, suspend accounts, or have outages at any time.
- We aren't responsible for a post that is delayed, rejected, altered, or not published because of a platform's outage, change, policy decision, or action against your account, or because access was revoked or expired. We'll show the error and retry where possible.
- If a platform stops allowing an integration, we may need to change or remove that feature.
- Your use of a platform, including any content you publish there and anything that platform does with it, is between you and that platform.
10. Suspension and termination
- You can stop using the Service at any time. Owners can close the business account by contacting [CONTACT EMAIL]; see our Data Deletion page.
- We may suspend or close an account, or limit features, if you break these Terms, don't pay, create risk or legal exposure for us, other users, or a platform, or if required by law or a platform. Where reasonable, we'll tell you first and give you a chance to fix the problem.
- A suspended account is read-only: you can see your content, but nothing new is scheduled or published, and scheduled posts are held. Posts that came due while suspended return to drafts when the account is reactivated, rather than going out late. In serious cases we may block access entirely.
- We may end the Service as a whole with at least 30 days' notice, and will refund any prepaid fees for the period after it ends.
- After an account closes, we delete its data as described in our Privacy Policy. Save any media or content you want to keep first, or ask us at [CONTACT EMAIL] for a copy of your data before you close the account.
- Sections 6 (feedback and our ownership), 7, 8, 11, 12, 13, 14, and 16 continue after termination.
11. Disclaimers
The Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We don't promise that the Service will be uninterrupted, error-free, or secure, that any post will be published at a particular time or at all, that AI output will be accurate, or that using the Service will grow your audience or business.
12. Limitation of liability
To the fullest extent the law allows:
- we aren't liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, followers, goodwill, or data, even if we were told they were possible; and
- our total liability for all claims relating to the Service or these Terms is limited to the greater of the amount you paid us in the 12 months before the claim arose and US $100.
Some places don't allow these limits, so they may not fully apply to you.
13. Indemnity
You'll defend and indemnify BrandRhythms and its owners, employees, and agents against claims, damages, and costs (including reasonable attorneys' fees) arising from your content, what you or your team publish through the Service, your violation of these Terms or a platform's rules, or your violation of anyone's rights.
14. Governing law and disputes
These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules. Any dispute will be brought only in the state or federal courts located in [COUNTY], Illinois, and you and we consent to their jurisdiction. Before filing a claim, please contact us at [CONTACT EMAIL] so we can try to resolve it informally within 30 days.
15. Changes to these terms
We may update these Terms. We'll change the effective date at the top, and for significant changes we'll notify owners by email or in the app at least 15 days before they take effect. Continuing to use the Service after changes take effect means you accept them. If you don't agree, stop using the Service and close your account.
16. General
- These Terms and our Privacy Policy are the entire agreement between you and us about the Service.
- If part of these Terms can't be enforced, the rest stays in effect.
- Not enforcing a provision isn't a waiver of it.
- You may not transfer these Terms without our consent. We may transfer them as part of a merger, acquisition, or sale of assets.
- We aren't responsible for delays or failures caused by events beyond our reasonable control.
- We may send notices to the email address on your account. You can send notices to [CONTACT EMAIL].
17. Contact us
[LEGAL ENTITY NAME]
[MAILING ADDRESS]
[CONTACT EMAIL]