1. Acceptance of Terms
By accessing or using Media Toaster (the "Service"), you agree to these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, do not use the Service.
2. Definitions
- Customer Content: text, images, videos, prompts, data and other materials you submit to or generate via the Service.
- AI Output: content generated by the Service from your inputs.
- Third-Party Platforms: external services you connect (e.g., Telegram, Instagram, Facebook, LinkedIn, X/Twitter, TikTok, YouTube, Stripe, Auth0, etc.).
3. Description of Service
Media Toaster provides AI-powered tools to adapt and manage social-media content. We may modify, suspend, or discontinue features at any time, with or without notice. Beta or experimental features are provided "as is" and may change or end at our discretion.
4. Accounts & Eligibility
- You must be at least 18 years old and provide accurate, complete information.
- You are responsible for safeguarding credentials and all activity under your account.
- Notify us promptly of any unauthorized use or security breach.
- You may not share, resell, or sublicense access to your account.
5. Customer Content & License
You retain all rights in Customer Content. You grant us a limited, worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, display, and adapt Customer Content and AI Output solely to operate, maintain, secure, and improve the Service (including backups and analytics).
You represent that you have all necessary rights to Customer Content and that your use of the Service (including AI Output) does not infringe third-party rights or laws.
6. AI Output: Use & Responsibility
- AI Output may be inaccurate, incomplete, or reflect biases. You are solely responsible for reviewing and validating AI Output before use.
- You must ensure you have rights to publish AI Output on Third-Party Platforms and comply with their policies.
- We do not warrant that AI Output will meet a particular purpose or avoid penalties/takedowns by Third-Party Platforms.
7. Acceptable Use
- No unlawful content or activity; no infringement, defamation, hate, harassment, exploitation, or invasion of privacy.
- No malware, scraping, or attempts to bypass security, rate limits, or account restrictions.
- No automated access that imposes unreasonable load on our infrastructure.
- No use that violates Third-Party Platform terms (e.g., automation rules, content policies).
7a. User Representations and Warranties
By using the Service, you represent and warrant that:
- You have all necessary rights, licenses, and permissions to use, publish, and distribute all Customer Content and AI Output through the Service.
- Your Customer Content and AI Output do not and will not infringe, misappropriate, or violate any third-party intellectual property rights, privacy rights, publicity rights, or other proprietary or legal rights.
- You have obtained all necessary consents, releases, and permissions from any individuals whose name, image, likeness, or voice is included in your Customer Content or AI Output.
- Your use of the Service and publication of content complies with all applicable laws, regulations, and Third-Party Platform terms of service and policies.
- You will not use the Service to publish false, misleading, defamatory, harassing, threatening, hateful, discriminatory, or otherwise unlawful content.
- You understand that you are solely responsible for reviewing, validating, and approving all AI Output before publication.
- You acknowledge that Third-Party Platforms may reject, remove, or take action against content published through the Service, and Media Toaster is not responsible for such actions.
- You will comply with all applicable advertising disclosure requirements, including clearly disclosing sponsored content, affiliate relationships, and AI-generated content where required by law or platform policies.
Any breach of these representations and warranties constitutes a material breach of these Terms and may result in immediate termination of your account without refund.
8. Third-Party Platform Risks & Limitations
Media Toaster acts as an intermediary tool to help you publish content to third-party social media platforms (including but not limited to Telegram, Facebook, Instagram, Twitter/X, LinkedIn, TikTok, YouTube). You acknowledge and agree that:
We DO NOT own, operate, or control any Third-Party Platforms. These platforms are independent services with their own terms, policies, and technical infrastructure.
We cannot and do not guarantee that Third-Party Platforms will be available, functional, or accessible at any time. Platform outages, API changes, rate limiting, or service disruptions are beyond our control.
Third-Party Platforms may suspend, restrict, or permanently ban your accounts at their sole discretion. We are NOT responsible for any account suspensions, content removals, or bans imposed by Third-Party Platforms, regardless of whether the content was published through our Service.
Third-Party Platforms may change their APIs, terms of service, content policies, or technical requirements at any time without notice to us or you. Such changes may affect the functionality or availability of our Service, and we are NOT liable for any resulting disruptions or incompatibilities.
Content publishing may be delayed, throttled, or fail due to Third-Party Platform limitations, rate limits, technical issues, or policy violations. We make best efforts to deliver content but provide NO guarantee of successful or timely publication.
YOU are solely responsible for ensuring that your content complies with each Third-Party Platform's terms of service, community guidelines, content policies, and applicable laws. We do not pre-screen or approve content before publication, and we are NOT liable if your content violates platform rules or results in penalties.
We are NOT responsible for any loss, deletion, or corruption of content on Third-Party Platforms. You should maintain independent backups of all important content.
We do not guarantee any specific outcomes, engagement rates, follower growth, or business results from using the Service to publish on Third-Party Platforms.
BY USING THE SERVICE, YOU EXPRESSLY WAIVE ANY CLAIMS AGAINST MEDIA TOASTER ARISING FROM THIRD-PARTY PLATFORM ACTIONS, INCLUDING BUT NOT LIMITED TO ACCOUNT SUSPENSIONS, CONTENT REMOVALS, API CHANGES, SERVICE OUTAGES, OR POLICY VIOLATIONS.
9. Payments, Plans & No Refunds Policy
Paid subscriptions are billed in advance on a recurring basis via Stripe until cancelled. You are responsible for all charges incurred under your account.
NO REFUNDS POLICY
ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. By subscribing to the Service, you acknowledge and agree that:
- NO refunds, credits, or pro-rated amounts will be provided for any reason, including but not limited to: partial billing periods; unused subscription time; dissatisfaction with the Service; inability to use the Service; Third-Party Platform issues or account suspensions; Service changes, modifications, or discontinuations; account termination (whether by you or us); technical issues, bugs, or Service unavailability; Force Majeure events.
- The Service provides immediate digital access upon subscription. By subscribing, you expressly request immediate access and consent to the start of service delivery.
- You EXPRESSLY WAIVE any statutory right of withdrawal, cancellation, refund, or cooling-off period to the fullest extent permitted by law (including EEA/UK distance selling and consumer protection rules for digital content services).
- Refunds may be granted ONLY at our sole and absolute discretion in exceptional circumstances such as: duplicate or erroneous charges; technical errors in billing; fraudulent transactions. Any such refunds do NOT establish precedent or obligation for future refunds.
- If you dispute a charge or initiate a chargeback without contacting us first at [email protected], we reserve the right to immediately suspend or terminate your account and pursue all available legal remedies.
Cancellation: You may cancel your subscription at any time through your account settings. Cancellation stops future renewals but does NOT entitle you to a refund for the current billing period. Your access continues until the end of the paid period.
Price Changes: We reserve the right to change subscription prices and plan features at any time. Material changes to your existing subscription will be communicated at least 30 days in advance. Continued use after price changes constitutes acceptance.
Taxes: You are responsible for all applicable taxes (VAT, GST, sales tax, etc.) based on your billing address, unless otherwise stated. Prices may be displayed inclusive or exclusive of tax depending on your location.
9a. Service Level, Uptime & No Guarantees
You acknowledge and agree that:
We do NOT guarantee any specific uptime percentage, availability, or reliability of the Service. The Service is provided on an "AS IS" and "AS AVAILABLE" basis.
Unless you have a separate written Enterprise agreement with us that explicitly provides a Service Level Agreement (SLA), NO SLA applies to your use of the Service.
We may perform scheduled or emergency maintenance that temporarily disrupts the Service. We will make reasonable efforts to notify you in advance of scheduled maintenance but are NOT required to do so.
You are NOT entitled to refunds, credits, service extensions, or any other compensation for Service downtime, degraded performance, or unavailability, regardless of cause or duration.
Features marked as "beta," "experimental," "preview," or similar are provided without any warranties and may be unstable, incomplete, or discontinued at any time without notice.
10. Termination & Suspension
- You may cancel at any time in your account settings; cancellation stops future renewals.
- We may suspend or terminate access for violations of these Terms, legal requests, or risks to security/integrity.
- Upon termination, your right to use the Service ceases; we may retain backups as required by law or for legitimate interests (e.g., fraud prevention).
11. Intellectual Property, DMCA & Feedback
- The Service, software, and trademarks are owned by Media Toaster and its licensors.
- If you believe content violates IP rights, contact [email protected] with sufficient detail for review (DMCA-style notices accepted).
- Feedback may be used to improve the Service without obligation or compensation.
12. Confidentiality & Security
We use commercially reasonable technical and organizational measures to protect your information. No method is 100% secure; do not submit highly sensitive data unless contractually agreed.
13. Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AI OUTPUT, AND INFORMATION MADE AVAILABLE OR ACCESSIBLE THROUGH THE SERVICE, IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.
- MEDIA TOASTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, OR SECURITY.
- WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- WE DO NOT WARRANT THAT CONTENT WILL BE SUCCESSFULLY PUBLISHED TO THIRD-PARTY PLATFORMS OR THAT PUBLISHED CONTENT WILL COMPLY WITH PLATFORM POLICIES.
- WE DO NOT WARRANT THE ACCURACY, QUALITY, APPROPRIATENESS, LEGALITY, OR SAFETY OF ANY AI OUTPUT. AI-GENERATED CONTENT MAY CONTAIN ERRORS, BIASES, INACCURACIES, OR INAPPROPRIATE MATERIAL.
- WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULT OR OUTCOME.
- WE MAKE NO WARRANTIES REGARDING THIRD-PARTY PLATFORMS, INCLUDING THEIR AVAILABILITY, FUNCTIONALITY, SECURITY, OR COMPLIANCE WITH THEIR OWN TERMS.
- ANY CONTENT, INFORMATION, OR MATERIALS OBTAINED THROUGH THE SERVICE ARE ACCESSED AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, LOSS OF DATA, OR OTHER HARM RESULTING FROM USE OF THE SERVICE.
Some jurisdictions do not allow the exclusion of implied warranties. In such jurisdictions, the above exclusions may not apply to you, but shall be limited to the minimum extent required by applicable law.
13a. Assumption of Risk
BY USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND ASSUME THE FOLLOWING RISKS:
Third-Party Platforms may suspend, ban, or restrict your accounts; remove your content; change their APIs, terms, or policies; experience outages or technical issues; or take any other action that affects your ability to publish content. YOU ASSUME ALL RISKS ASSOCIATED WITH USING THIRD-PARTY PLATFORMS THROUGH OUR SERVICE.
AI Output may be inaccurate, inappropriate, biased, offensive, or violate third-party rights or platform policies. YOU ASSUME ALL RISKS ASSOCIATED WITH PUBLISHING AI-GENERATED CONTENT AND ARE SOLELY RESPONSIBLE FOR REVIEWING AND VALIDATING ALL AI OUTPUT BEFORE PUBLICATION.
Use of the Service may result in damage to your business, brand, reputation, or relationships with customers, partners, or Third-Party Platforms. YOU ASSUME ALL SUCH RISKS.
The Service may experience bugs, errors, security vulnerabilities, data loss, or other technical issues. YOU ASSUME ALL RISKS ASSOCIATED WITH STORING DATA, CONTENT, OR CREDENTIALS IN THE SERVICE.
Your use of the Service may subject you to legal claims, regulatory investigations, fines, or other legal consequences. YOU ASSUME ALL LEGAL AND COMPLIANCE RISKS.
YOU ACKNOWLEDGE THAT THE ABOVE RISKS ARE INHERENT TO THE NATURE OF THE SERVICE AND THAT MEDIA TOASTER CANNOT ELIMINATE THESE RISKS. YOU VOLUNTARILY ASSUME ALL SUCH RISKS WITH FULL KNOWLEDGE AND UNDERSTANDING.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
MEDIA TOASTER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: loss of profits, revenue, data, business opportunities, reputation, goodwill, or expected savings; business interruption; loss of content or followers on Third-Party Platforms; costs of procurement of substitute services; or any other commercial damages or losses.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) SHALL NOT EXCEED THE LESSER OF: (a) the amounts you actually paid to Media Toaster for the Service in the ONE (1) MONTH immediately preceding the event giving rise to liability, OR (b) €100 (ONE HUNDRED EUROS).
MEDIA TOASTER SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY ACTIONS, FAILURES, ERRORS, OR OMISSIONS OF THIRD-PARTY PLATFORMS, INCLUDING BUT NOT LIMITED TO: account suspensions or terminations; content removals or restrictions; API changes or deprecations; service outages or degraded performance; policy changes or enforcement actions; data breaches or security incidents on Third-Party Platforms.
MEDIA TOASTER SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING FROM YOUR CUSTOMER CONTENT, AI OUTPUT, OR YOUR USE THEREOF, INCLUDING BUT NOT LIMITED TO: intellectual property infringement; defamation, libel, or privacy violations; violations of Third-Party Platform policies; regulatory or legal violations; damage to your reputation or business.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud, willful misconduct, or death/personal injury caused by our negligence.
15. Indemnification
You agree to defend, indemnify, and hold harmless Media Toaster, its affiliates, officers, directors, employees, agents, contractors, and licensors from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or relating to:
- Your use or misuse of the Service
- Your Customer Content, AI Output, or any content you publish through the Service
- Your violation of these Terms or any applicable law or regulation
- Your violation of any Third-Party Platform's terms of service, policies, or guidelines
- Any intellectual property infringement, defamation, privacy violation, or other legal claim arising from content you created, published, or distributed using the Service
- Any damage, loss, or harm suffered by Third-Party Platforms or their users as a result of your content or actions
- Your breach of any representation, warranty, or covenant in these Terms
- Any claim that your use of the Service caused harm to any third party
Your indemnification obligations include defending Media Toaster in any legal proceedings, paying all settlements and judgments, and covering all costs and expenses. We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.
15a. Release of Claims
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE, WAIVE, AND DISCHARGE MEDIA TOASTER, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES) OF ANY KIND ARISING FROM OR RELATING TO:
- Actions or decisions by Third-Party Platforms, including account suspensions, content removals, API changes, policy enforcement, or service disruptions
- Failure to successfully publish content to Third-Party Platforms
- Loss of data, content, followers, engagement, or business opportunities on Third-Party Platforms
- Inaccuracies, errors, or inappropriateness of AI Output
- Service outages, downtime, degraded performance, or unavailability
- Security incidents, data breaches, or unauthorized access (except to the extent caused by our gross negligence or willful misconduct)
- Changes to Service features, functionality, pricing, or plans
- Termination or suspension of your account
- Any other matter related to the Service or these Terms
YOU EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE UNDER LAWS THAT LIMIT THE SCOPE OR EFFECTIVENESS OF GENERAL RELEASES (SUCH AS CALIFORNIA CIVIL CODE § 1542), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
16. Compliance, Sanctions & Export
You represent that you are not subject to sanctions and are not located in an embargoed country, and that your use of the Service complies with applicable export control and sanctions laws.
17. Consumer Rights & Mandatory Law
If you are a consumer in the EEA/UK or another jurisdiction with mandatory consumer protections, these Terms do not limit any rights you cannot lawfully waive. Where required by law, conflicting provisions will be interpreted to preserve such mandatory rights without expanding liability otherwise limited herein.
18. Governing Law & Dispute Resolution
These Terms are governed by the laws of Austria, without regard to conflict-of-law principles. You and Media Toaster agree to the exclusive jurisdiction and venue of the courts in Vienna, Austria, except where mandatory consumer venue rules apply. To the fullest extent permitted by law, you waive participation in class or representative actions.
19. Force Majeure & Service Disruptions
Media Toaster is NOT liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to:
- Third-Party Platform outages, API failures, or service disruptions
- Actions or decisions by Third-Party Platform operators (including account suspensions, rate limiting, or policy enforcement)
- Internet service provider failures or network congestion
- Cloud infrastructure outages (including hosting providers, CDNs, or database services)
- Cyber attacks, DDoS attacks, or security incidents
- Government actions, legal restrictions, or regulatory changes
- Natural disasters, pandemics, wars, or acts of terrorism
- Power failures, hardware failures, or data center incidents
- Changes to third-party APIs, authentication services, or payment processors
- Any other events or circumstances beyond our reasonable control
We reserve the right to suspend or limit the Service temporarily or permanently in response to any Force Majeure event without liability. You are NOT entitled to refunds, credits, or compensation for any Service interruption caused by Force Majeure events.
20. Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
21. Notices & Electronic Communications
We may provide notices via email or in-product messages. By using the Service, you consent to receive notices electronically and agree that such notices satisfy any legal communication requirements.
22. Miscellaneous
- Severability: if any provision is unenforceable, the remainder remains in effect.
- Entire Agreement: these Terms constitute the entire agreement regarding the Service.
- Survival: Sections 5–8, 9–16, 18–22 survive termination.
23. Changes to These Terms
We may update these Terms from time to time. Material changes will be notified via email or in-app notice. Continued use after the effective date constitutes acceptance.
24. Language
These Terms of Service are provided in English. We may provide translations for convenience. In case of any conflict between the English version and any translation, the English version shall prevail.
25. Contact
Questions? Contact us at [email protected].