Terms of Service

Kyte is a social media management platform that lets agencies and their teams draft, collaborate on, approve, schedule, publish, and report on social media content, and manage interactions across connected social media platforms (the "Service"). We provide the Service through kytesocial.ai and app.kytesocial.ai. We may modify, add, or remove features of the Service from time to time.

You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you represent that you meet these requirements and, if you use the Service on behalf of an organization, that you are authorized to bind that organization to these Terms.

• You are responsible for the accuracy of the information you provide and for keeping your login credentials secure.
• You are responsible for all activity that occurs under your account and workspaces, including the activity of team members and clients you invite.
• You must notify us promptly of any unauthorized use of your account.

You are solely responsible for the content you create, upload, schedule, or publish through the Service, and for ensuring it complies with all applicable laws and with the terms and policies of each social media platform you connect. In particular, you acknowledge and agree that:

• You are responsible for compliance with each platform's policies. If a connected platform removes, restricts, rejects, or penalizes your content or account, that is your responsibility, not ours.
• We do not monitor, review, or moderate your content for compliance with platform policies or applicable law.
• You will not use the Service to send spam or unsolicited messages, or to engage in any deceptive, abusive, or unlawful activity.

You agree not to:

• Use the Service for any unlawful, fraudulent, or harmful purpose;
• Upload or distribute content that infringes the rights of others or that is illegal, defamatory, or harmful;
• Send spam or unsolicited communications;
• Attempt to gain unauthorized access to the Service, other accounts, or our systems;
• Interfere with or disrupt the integrity or performance of the Service;
• Reverse engineer, copy, resell, or create derivative works of the Service except as permitted by law;
• Violate the terms or policies of any connected third-party platform.

We may suspend or terminate access for violations of this Section, as described in Section 13.

The Service connects to third-party social media platforms and integrations (such as Stripe, Canva, Google Drive, and Google Calendar). Your use of those services is governed by their own terms and policies.

• We access third-party platform data only as authorized by you and only to provide the Service.
• We are not responsible for the availability, accuracy, or behavior of third-party platforms, or for changes they make to their APIs, terms, or features that affect the Service.
• If a third-party platform changes or restricts access, some features may stop working, and we are not liable for that.

• Plans and pricing. Paid plans are billed on a monthly or annual basis at the prices shown at the time of purchase. Annual plans are billed in advance for the year. All prices are in U.S. dollars (USD) unless stated otherwise.
• Free trial. We offer a 15-day free trial with no credit card required. At the end of the trial, continued use requires a paid plan.
• Renewals. Subscriptions automatically renew at the end of each billing period unless cancelled.
• Cancellation. You may cancel at any time. Cancellation takes effect at the end of the current billing period, and you retain access until then.
• No refunds. Fees already paid are non-refundable, including for partial billing periods, except where required by applicable law.
• Taxes. Fees are exclusive of applicable taxes, which you are responsible for paying.
• Non-payment. We may suspend or terminate access for failure to pay.

8.1 Your content

You retain all ownership of the content you upload, create, or publish through the Service ("Customer Content"). You grant us a limited, non-exclusive, worldwide license to host, store, process, transmit, display, and otherwise use Customer Content solely as necessary to provide and operate the Service for you (including transmitting it to the platforms and integrations you connect). You represent that you have all rights necessary to use Customer Content and to grant this license.

8.2 Our property

We own all rights, title, and interest in the Service, including the software, design, and trademarks (subject to third-party rights). Except for the limited right to use the Service under these Terms, no rights are granted to you.

8.3 Feedback

If you provide feedback or suggestions, we may use them without restriction or obligation to you.

Each party may have access to non-public information of the other. Each party agrees to protect the other's confidential information with reasonable care and to use it only as needed to perform under these Terms.

The Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that it will always be compatible with third-party platforms.

To the maximum extent permitted by law:

• Neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to the Service.
• Our total aggregate liability arising out of or related to these Terms or the Service will not exceed the amount you paid us in the twelve (12) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You agree to indemnify and hold harmless Kyte and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your Customer Content, your use of the Service, your violation of these Terms, or your violation of any third-party platform's terms or applicable law.

• These Terms apply for as long as you use the Service.
• You may terminate by cancelling your subscription and closing your account.
• We may suspend or terminate your access, with or without notice, if: you fail to pay; you breach these Terms or the Acceptable Use section; your use poses a security or legal risk; or you violate a connected platform's policies. For serious breaches, suspension may be immediate; otherwise we will provide reasonable notice where practical.
• Effect of termination. Upon termination, your right to use the Service ends, and we will handle your data in accordance with our Privacy Policy (including the retention and deletion periods described there). You are responsible for exporting any data you wish to keep before the applicable deletion period.

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and provide notice where appropriate. Your continued use of the Service after changes take effect constitutes acceptance. We may also modify or discontinue features of the Service.

These Terms are governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. You and Kyte agree that the courts located in the judicial district of Laval, Québec, Canada have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party submits to that jurisdiction. Nothing in these Terms limits any mandatory consumer-protection rights you may have under the laws of your place of residence.

• Entire agreement. These Terms, together with the Privacy Policy and any order or plan you purchase, are the entire agreement between you and us regarding the Service.
• Severability. If any provision is found unenforceable, the remaining provisions remain in effect.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Language. The parties have requested that these Terms be drafted in English. / Les parties ont demandé que ces conditions soient rédigées en anglais.

Adverb Marketing Inc. (d/b/a Kyte Social)
1800, boulevard Le Corbusier, suite 124, Laval, Québec, H7S 2K1, Canada
Email: hello@kytesocial.ai