Terms of Service | Max Socials

1. Acceptance of Terms

By accessing or using Max Socials ("the Platform", "the Service"), operated by Zylver Solutions LLC ("Company", "we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not access or use the Platform.

These Terms apply to all users of the Platform, including Subscribers, their authorized team members, and any person who accesses the Platform on behalf of a Subscriber. By creating an account or using the Service, you represent that you have the authority to bind the entity on whose behalf you are acting to these Terms.

2. Definitions

The following terms have specific meanings throughout this agreement:

Subscriber: The agency or business that subscribes to the Platform and maintains an active account.
End Client: The Subscriber's client whose content and social media accounts are managed through the Platform.
Intelligence Loop: The Platform's automated system that processes performance data to continuously improve content strategy, including adjustments to content buckets, posting schedules, and format selection.
Content Bucket: A thematic grouping of content topics used by the Discovery Engine to organize and prioritize content creation.
White-Label: The ability to present the Platform under the Subscriber's own branding, including custom logos, color schemes, domains, and email templates.
Marketplace: The Platform's ecosystem for third-party plugins, integrations, and template packs available for installation by Subscribers.

3. Description of Service

The Platform provides AI-powered content marketing automation for social media agencies and marketing teams. Core capabilities include:

Trend Discovery: Automated identification and analysis of trending topics, hashtags, and content formats across multiple social platforms.
Content Production: AI-assisted creation of text, image, and video content tailored to each End Client's brand voice and target audience.
Multi-Channel Distribution: Scheduling and publishing of content across connected social media accounts with platform-specific formatting and optimization.
Performance Analytics: Comprehensive reporting on content performance with automated strategy adjustment through the Intelligence Loop.

The specific features available to each Subscriber depend on their subscription tier. Feature availability is detailed on the Platform's pricing page and may be updated from time to time.

4. Multi-Client White-Label Licensing

Subject to the terms of the Subscriber's subscription plan, the Company grants a non-exclusive, non-transferable license to use the Platform's white-label capabilities under the following conditions:

The white-label license covers branding elements only, including logos, color schemes, custom domains, and email templates. It does not confer any ownership of the underlying technology, source code, algorithms, or intellectual property.
Subscribers may not represent the Platform as their proprietary technology. Subscribers may describe the Platform as a tool or service they use, but must not claim to have developed or built the underlying system.
White-label features vary by subscription tier. Not all branding customization options are available on every plan.
The Company retains all intellectual property rights to the Platform, including but not limited to its software, architecture, algorithms, user interface designs, and documentation.

5. Intelligence Loop Data Processing Consent

The Intelligence Loop is a core feature of the Platform. By using the Service, you acknowledge and consent to the following:

Core platform functionality includes automated processing of performance data to adjust and optimize content strategy. This processing is fundamental to how the Platform operates and is not optional.
Data processed by the Intelligence Loop includes: engagement rates, reach metrics, follower growth, content type performance, posting time effectiveness, and content bucket weight adjustments.
The purpose of this data processing is to automatically optimize each Subscriber's content strategy based on measured performance outcomes.
The Intelligence Loop operates on a per-client basis, ensuring that each End Client's strategy is independently optimized based on their own performance data.

6. Aggregated Insights and Cross-Client Data

In addition to per-client optimization, the Platform generates anonymized, aggregated insights from platform-wide data to provide industry benchmarks and broader strategic recommendations.

Individual client data cannot be reconstructed or identified from aggregated insights.
Anonymization standard: A minimum of five (5) accounts must contribute data before it is included in any benchmark or aggregated insight. Outlier values are excluded from aggregations to prevent indirect identification.
Aggregated insights and cross-client benchmark features are available only on the Agency and Enterprise subscription tiers.
Opt-out: Subscribers may exclude their data from cross-client aggregation at any time via account settings. Opting out does not affect the per-client Intelligence Loop functionality.

7. AI-Generated Content Ownership and Liability

Content generated by the Platform's AI systems is owned by the Subscriber. The following terms govern the use and responsibility for AI-generated content:

The Subscriber is solely responsible for reviewing and approving all AI-generated content before publication. The Platform provides tools to facilitate review, but the final decision to publish rests with the Subscriber.
The Company disclaims all liability for errors, factual inaccuracies, intellectual property infringement, or platform policy violations in AI-generated content. AI-generated content is provided on an "as-is" basis.
The Subscriber must ensure that all AI-generated content complies with the Terms of Service of each target platform on which it is published.

8. Marketplace Terms

The Platform hosts third-party plugins, integrations, and template packs through its Marketplace. The following terms govern Marketplace usage:

Third-party plugin developers ("Marketplace Partners") are independent entities. The Company does not guarantee plugin quality, compatibility, security, or continuous availability.
Marketplace Partners are independently responsible for their own regulatory compliance, data handling practices, and adherence to applicable laws.
Commission structure: The Platform charges a 20-30% commission on marketplace transactions. Exact rates are specified in the Marketplace Partner Agreement.
Plugin data access is governed by granular permission scopes that are clearly displayed to the Subscriber during installation. The Subscriber must review and approve all requested permissions before a plugin is activated.
The Company reserves the right to remove any plugin or Marketplace Partner from the Marketplace without prior notice if the plugin is found to be non-compliant with these Terms, the Marketplace Partner Agreement, or applicable law.

9. Organic and Paid Analytics Data Handling

The Platform collects and processes analytics data from connected social media and advertising accounts. The following terms govern analytics data handling:

The Subscriber is responsible for obtaining appropriate authorization from their End Clients to connect social media and advertising accounts to the Platform.
Analytics data is used to: populate dashboards and reports, feed the Intelligence Loop for strategy optimization, and (when sufficiently anonymized) contribute to cross-client benchmarks.
Paid campaign data, including advertising spend, return on ad spend (ROAS), and campaign budgets, is treated as confidential information. Paid campaign data is never included in aggregated insights or cross-client benchmarks without sufficient anonymization meeting the standards described in Section 6.

10. Data Retention and Portability

The Company is committed to data portability and transparent retention practices:

Upon account termination, the Subscriber's data remains accessible and available for export for thirty (30) calendar days.
Exportable data includes: per-client intelligence profiles, content assets, and analytics history.
Aggregated insights derived from the Subscriber's data prior to termination are retained by the Company as part of the anonymized dataset described in Section 6.
After the 30-day post-termination window, all identifiable Subscriber data is permanently deleted from the Platform's systems.

11. Third-Party Platform Compliance

The Platform integrates with third-party social media and advertising platforms. The following terms apply to these integrations:

The Subscriber is responsible for compliance with all Terms of Service of connected platforms, including but not limited to TikTok, Meta (Facebook and Instagram), Google (YouTube), X (formerly Twitter), LinkedIn, and Pinterest.
The Company is not liable for changes to third-party APIs, rate limits, access policies, or platform rules that may affect the Service's functionality.
If a third-party platform restricts or revokes API access, the Company will make commercially reasonable efforts to restore functionality. However, the Company does not guarantee uninterrupted service for any third-party integration.

12. Subscription and Billing

The following terms govern subscription plans and billing:

Plans are billed on a monthly or annual basis, as selected by the Subscriber at the time of subscription.
Upgrades to a higher tier take effect immediately. The Subscriber's account is charged a prorated amount for the remainder of the current billing period.
Downgrades to a lower tier take effect at the start of the next billing cycle. The Subscriber retains access to the current tier's features until that time.
Early access cohorts may include a trial period. Cohort terms are communicated at onboarding.
The Company reserves the right to adjust pricing with thirty (30) days' written notice to affected Subscribers. Continued use of the Service after the effective date of a pricing change constitutes acceptance of the new pricing.

13. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company, its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with the use of or inability to use the Service, regardless of the theory of liability.

The Company's total aggregate liability for any and all claims arising out of or relating to these Terms or the Service shall not exceed the total fees paid by the Subscriber to the Company during the twelve (12) months immediately preceding the event giving rise to the claim.

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damages.

14. Termination

Either party may terminate the subscription by providing thirty (30) days' written notice to the other party. Written notice may be provided via email to the address on file.

The Company may terminate a Subscriber's account immediately and without prior notice in the event of a material breach of these Terms. Examples of material breach include, but are not limited to: misrepresentation of the Platform as proprietary technology, unauthorized resale of Platform access, or violation of applicable law through use of the Service.

Upon termination, the data retention and portability provisions of Section 10 apply.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Travis County, Texas.

16. Contact

For questions about these Terms of Service, please contact:

Zylver Solutions LLC
Austin, TX
legal@maxsocials.com