Terms of Service

1. Who we are

2. Eligibility

You must be at least 16 years old and have the legal capacity to enter into these Terms. If you access the Service on behalf of a business, you represent that you are authorized to bind that business.

3. Account, waitlist and communications

When you join our waitlist or create an account, you agree to provide accurate information and to receive service‑related emails (e.g., onboarding, product updates). You can unsubscribe from marketing emails at any time.

4. Your content and responsibility

You retain ownership of content you submit. You grant us a non‑exclusive, worldwide, royalty‑free license to host, store, display, and transmit that content solely to operate and improve the Service.

You are solely responsible for:

• All content you create, generate, edit, or publish through the Service
• Ensuring you have all necessary rights, licenses, and permissions for your content
• Compliance with all applicable laws and regulations
• Compliance with third-party platform terms (e.g., Threads/Meta terms of service)
• Any consequences arising from your content, including account suspensions, bans, or legal claims

5. Third‑party platforms

The Service may integrate with third‑party platforms (e.g., Threads/Meta). Your use of those platforms is subject to their terms and policies. We are not responsible for third‑party platforms, their availability, or any actions they take regarding your account (including suspensions, bans, or terminations).

6. AI-Powered Features

MomentumHive includes AI-powered content generation features provided by OpenAI. By using these features, you acknowledge and agree that:

• Automated responses: AI-generated content is produced by automated models and may not be fully accurate, complete, or suitable for your specific needs.
• Your responsibility: You are solely responsible for reviewing, editing, and approving all AI-generated content before publishing or using it.
• No guarantees: We do not guarantee the quality, accuracy, or appropriateness of AI-generated content.
• Content ownership: You retain ownership of content you create using AI features, subject to our license terms in section 4.

7. Acceptable use

• No illegal, infringing, or harmful activity.
• No spam, harassment, or deceptive practices.
• No attempts to bypass rate limits, security, or platform restrictions.
• No scraping or automated collection from platforms where prohibited.

8. Beta features

We may offer pre‑release or beta features. They are provided "as is," may change without notice, and may be discontinued at any time.

9. Fees and trials

If we offer paid plans, prices and billing terms will be presented at checkout. Unless stated otherwise, fees are non‑refundable and may be charged in advance on a recurring basis. You may cancel at any time; cancellations take effect at the end of the current billing period.

10. Privacy

Your use of the Service is subject to our Privacy Notice, which explains how we collect and process personal data.

11. Intellectual property

The Service, including our software, branding, and content, is protected by intellectual‑property laws. Except for your content and rights expressly granted in these Terms, no rights are transferred to you.

12. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. We do not warrant that the Service will be uninterrupted, secure, or error‑free.

13. Limitation of liability

To the fullest extent permitted by law, INFLUENDO and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or use. Our aggregate liability shall not exceed the greater of (a) the amounts you paid in the 12 months before the event, or (b) EUR 100 if you use the Service for free.

14. Indemnification

You agree to indemnify and hold INFLUENDO harmless from any claims, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your content, or your violation of these Terms or applicable law.

15. Suspension and termination

We may suspend or terminate access at any time, including for breach of these Terms, risk to the Service, legal requirements, or inactivity. You may stop using the Service at any time.

16. Changes

We may update these Terms from time to time. If we make material changes, we will notify you (for example, by email or by posting a notice in the Service). Your continued use after the changes take effect constitutes acceptance.

17. Governing law and venue

These Terms are governed by the laws of the Republic of Croatia. The competent courts in Varaždin, Croatia, shall have exclusive jurisdiction, subject to any mandatory legal provisions.