Welcome to Mallary ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, application, API, and related services (collectively, the "Service"). The Service enables users to connect social media accounts, schedule and post content, view posting history, and use our API for posting.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

2. Account Registration

To use certain features, you must create an account via Google Sign-In. You agree to provide accurate information and to keep your account credentials secure. You are responsible for all activities that occur under your account.

3. Social Media Connections

The Service allows you to connect your social media accounts using OAuth or similar protocols. You grant us limited permission to post on your behalf according to your instructions. You remain solely responsible for all content you post through the Service and must comply with the terms and policies of each connected social media platform.

4. User Content and Conduct

You agree not to use the Service to:

• Post or schedule content that is unlawful, harmful, abusive, defamatory, obscene, or otherwise objectionable.
• Violate any third-party rights, including intellectual property, privacy, or publicity rights.
• Impersonate any person or entity.
• Interfere with or disrupt the Service or servers.
• Attempt to gain unauthorized access to the Service or other users' accounts.
• Use the Service for spam, phishing, or any automated excessive posting that violates platform rules.

We reserve the right to review, monitor, or remove any content posted through the Service if we believe it violates these Terms or applicable laws.

5. Payments and Subscriptions

Certain features may require payment. Payments are processed through Stripe. All fees are non-refundable except as expressly stated. We may change pricing with notice. Failure to pay may result in suspension or termination of paid features.

6. Intellectual Property

The Service and its original content (excluding your posted content) are owned by us or our licensors and protected by copyright, trademark, and other laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose.

7. API Usage

If you use our API, you agree to any applicable API terms and rate limits. You may not use the API for any unlawful purpose or in a way that harms the Service.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Service ceases immediately. You may terminate your account at any time.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or that posts will always succeed.

10. Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising from your use of the Service. Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, or damages arising from your use of the Service, your posted content, or your violation of these Terms.

12. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the courts located in Delaware.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms and changing the "Last Updated" date. Continued use of the Service after changes constitutes acceptance of the new Terms.

14. Contact Us

If you have questions about these Terms, please contact us at support@mallary.ai.