Terms of Service

You may use the Service only if you are at least 18 years old and able to form a binding contract. If you use the Service on behalf of a business or other organisation, you confirm that you are authorised to bind that organisation to these Terms, and “you” refers to that organisation.

MaxMyMarket is an AI-assisted marketing assistant for small businesses. Depending on your plan and settings, the Service may: learn about your business; generate marketing content (text and, on some plans, images); schedule that content; publish it to the social media and business accounts you connect; and read, classify, and reply to comments on your published posts.

The Service relies on automated systems and artificial intelligence. We may add, change, or remove features at any time. We do not guarantee any particular marketing outcome, level of reach, engagement, sales, or other result.

You must provide accurate information when you register and keep it up to date. You are responsible for the activity that happens under your account and for keeping your login credentials secure. Tell us promptly at support@vitellian.com if you believe your account has been compromised.

By connecting a social media or business account to the Service, you:

• authorise us to access that account and to create, schedule, publish, and manage content and comments on your behalf, in line with your chosen settings;
• confirm that you own the account, or are permitted to manage it, and that doing so does not breach any agreement you have with the platform or anyone else; and
• acknowledge that you may disconnect any account at any time, and that doing so stops the Service acting on that account going forward.

Connected platforms (such as Meta's Facebook and Instagram, and others) are operated by third parties and governed by their own terms and policies, which you remain responsible for following. We are not affiliated with, endorsed by, or acting for those platforms. We are not responsible for their acts or omissions, including changes to their APIs, content rejection, rate-limiting, account suspension or termination, or any failure of a post to be delivered or shown. Where a platform supports it, we connect using its official authorisation flow and store access tokens encrypted; we ask you not to share account passwords except where a platform offers no alternative.

Content produced by the Service is generated automatically and may be inaccurate, incomplete, outdated, or unsuitable for a given purpose. It will not always reflect your intentions. You are solely responsible for the content published from your account, including its accuracy and its compliance with applicable laws and platform rules (for example, advertising standards, consumer-protection and disclosure rules, and the rights of third parties).

You control how content is published. If you choose a review-before-publish mode, content is saved as a draft for your approval before it goes out. If you choose an automatic mode, you authorise the Service to publish generated content to your connected accounts without prior review by you, and you accept responsibility for content published in that mode. We strongly recommend reviewing content if accuracy in a particular case is important to you.

You agree not to use the Service to:

• break any law, or infringe anyone's intellectual property, privacy, or other rights;
• publish content that is unlawful, defamatory, deceptive, discriminatory, harassing, obscene, or otherwise objectionable, or that you are not authorised to publish;
• misrepresent your identity or your business, or publish content on accounts you do not own or have permission to manage;
• interfere with, probe, or attempt to gain unauthorised access to the Service or its systems, or circumvent any usage limits or security measures;
• reverse engineer the Service, or use it to build a competing product, except to the extent this restriction is prohibited by law.

You are responsible for the accuracy of the information you give us about your business, and for ensuring you have the rights to any materials (such as logos and photos) you upload.

Your content.You keep all rights you already hold in the information, text, images, and other materials you provide (“Your Content”). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, and process Your Content for the purpose of operating and improving the Service and providing it to you, including generating and publishing marketing content on your behalf.

Generated content.As between you and us, you may use the content the Service generates for you for your own marketing purposes. Because such content is produced by automated systems, we make no representation that it is original or eligible for legal protection, and similar content may be generated for others. You remain responsible for checking that your use of generated content does not infringe anyone's rights.

Our materials. The Service itself - including its software, models, design, and branding - is owned by us or our licensors and is protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service; no other rights are granted.

We may use anonymised and aggregated data derived from use of the Service (which does not identify you or any individual) to operate, analyse, and improve the Service.

Some features are offered on paid subscription plans. The plans, prices, and what each includes are shown in the Service and may change over time. Where billing is enabled:

• subscriptions are billed in advance on a recurring basis and renew automatically for successive periods until cancelled;
• you can cancel at any time, effective at the end of the current billing period; unless the law requires otherwise, fees already paid are non-refundable and partial periods are not refunded;
• any free trial converts to a paid subscription at the end of the trial unless you cancel beforehand;
• where a plan shows a reduced or introductory price alongside a higher price (for example a struck-through “regular” price), the reduced price is what you pay now and the higher price is the standard price that would otherwise apply or that may apply after any introductory period; we will tell you before a higher price takes effect, and any such change applies only from your next renewal; and
• we may change prices on reasonable notice, with changes taking effect at your next renewal; continuing to use a paid plan after that means you accept the new price.

Taxes may be added where applicable. If a payment fails or an account is overdue, we may suspend paid features. Nothing in this section limits any non-waivable rights you have as a consumer.

We process personal data in accordance with our Privacy Policy, which forms part of these Terms. The Privacy Policy explains what we collect, how we use it, and your rights. Where we process personal data on your behalf (for example, information about people who comment on your posts), each party will comply with applicable data-protection law. You are responsible for ensuring you have a lawful basis for any personal data you provide to us or ask us to process.

We aim to keep the Service available but do not guarantee it will be uninterrupted, error-free, or secure. We may suspend, withdraw, or restrict all or part of the Service for operational, maintenance, legal, or security reasons. We may modify the Service, and we will try to give reasonable notice of material changes that adversely affect you.

To the fullest extent permitted by law, the Service is provided “as is” and “as available”, and we exclude all warranties, conditions, and representations not expressly stated in these Terms - including any implied warranties of satisfactory quality, fitness for a particular purpose, accuracy, and non-infringement. We do not warrant that generated content will be accurate or suitable, that the Service will achieve any marketing result, or that connected platforms will accept or display your content.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law.

Subject to the paragraph above, we are not liable for: (a) any indirect or consequential loss; or (b) loss of profits, revenue, sales, business, goodwill, anticipated savings, or data, in each case whether or not foreseeable. Our total liability arising out of or in connection with the Service and these Terms, whether in contract, tort (including negligence), or otherwise, is limited to the greater of (i) the total fees you paid to us for the Service in the 12 months before the event giving rise to the claim, and (ii) £100.

In particular, we are not liable for content published from your account (including in automatic mode), for the acts or policies of third-party platforms, or for any suspension or loss of a connected account.

You agree to indemnify and hold us harmless against any claims, losses, liabilities, and reasonable costs (including legal fees) arising from your use of the Service, Your Content, content published from your account, your breach of these Terms, or your breach of any third-party platform's terms or any law. This clause does not apply to the extent a claim results from our own breach of these Terms or our negligence.

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law or by a connected platform, or to protect the Service or other users. On termination, your right to use the Service ends; sections that by their nature should survive (including content licences for already-published posts, intellectual property, disclaimers, limitation of liability, and indemnity) continue to apply. We may delete your data after termination in accordance with our Privacy Policy.

We may update these Terms from time to time. When we make material changes, we will update the version and effective date above and, where appropriate, ask you to accept the updated Terms or notify you within the Service. Your continued use of the Service after the changes take effect means you accept the updated Terms.

These Terms and any dispute arising out of them or the Service are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, except that if you are a consumer you may also benefit from any mandatory protections of the law of the country where you live.

These Terms (together with the Privacy Policy and any plan details shown in the Service) are the entire agreement between you and us about the Service. If any provision is found unenforceable, the rest continues in force. Our failure to enforce a right is not a waiver of it. You may not transfer your rights under these Terms without our consent; we may transfer ours to an affiliate or in connection with a reorganisation, merger, or sale. We are not liable for failures caused by events beyond our reasonable control. We may give notices through the Service or by email; you can reach us at support@vitellian.com.

Questions about these Terms? Contact Ameveo Limited at support@vitellian.com.