Terms of Service

About these terms

These Terms of Service ("Terms") are an agreement between you and [Company legal name: not set (LEGAL_COMPANY_NAME)], [Registered address: not set (LEGAL_COMPANY_ADDRESS)] ("we", "us"), the operator of Open Motives (the "Service"). Open Motives lets businesses, agencies and creators plan and publish social media posts, answer messages from many channels in one inbox, manage contacts, automate work with workflows and AI, and report on results.

If you use the Service for a company or another organization, you accept these Terms for it and confirm you may do so. "You" then means that organization and the people it lets use its account. You must be at least 18 years old and use the Service for business or professional purposes.

You accept these Terms when you create an account (by ticking the box at sign-up), when you accept an invitation to someone else's organization, or when you first use the Service. The version you accepted and when is stored with your account. These Terms include the Acceptable Use Policy, the Data Processing Addendum and the Privacy Policy.

Words we use

• Organization: your account in the Service, for example your agency or company. It owns workspaces.
• Workspace: one brand or client inside an organization, with its own connected accounts, posts, inbox, contacts, workflows and plan.
• Member: a person with a sign-in who belongs to an organization or workspace, with a role (owner, admin, manager, editor, agent, viewer, client or a custom role).
• Client: a member with the client role, usually a customer of an agency, who reviews and approves content in the client portal.
• Connected platforms: services you connect so the Service can act for you, such as Facebook, Instagram, WhatsApp, TikTok, X, LinkedIn, YouTube, Google Business Profile, Pinterest, Telegram, Bluesky, Mastodon, your email mailboxes and your own Twilio account.
• Customer Data: everything you or your members put into the Service or let it collect from connected platforms: posts, media, messages, comments, reviews, contacts, workflow data and so on.
• End users: the people your business talks to through the Service, such as your customers, followers, website visitors and leads.

Your account

Give accurate information when you sign up and keep it up to date. Keep your password secret, use a strong one, and turn on two-factor sign-in; organization owners can require two-factor sign-in for everyone. Each sign-in is for one person: don't share it.

You are responsible for what happens under your organization's account, including what your members, clients, API keys and AI agents do. Tell us at [Contact email: not set (LEGAL_CONTACT_EMAIL)] straight away if you think someone got into your account without permission. We email you when your password, sign-in email or two-factor settings change and when a new device signs in, so you can act quickly.

Organizations, workspaces, members and clients

The person who creates an organization is its owner. Owners and admins decide who joins, which workspaces they see and what each role may do. Owners can hand ownership to another member; the change only happens when that member accepts. You are responsible for removing access from people who should no longer have it.

If you are an agency, you may invite your own clients as client members and give them a client portal to review and approve posts. Your agreement with your clients is between you and them. See "Agencies and white-label use" below.

Connected platforms

When you connect an account on another platform, you authorize the Service to access it through that platform's official interfaces (APIs) to do what you ask: publish posts, read and answer comments and messages, read analytics, manage ads and so on. We store the access tokens encrypted and use them only for that.

Your use of each connected platform is also governed by that platform's own terms and policies, and you must follow them. These include, among others, the Meta Platform Terms and Community Standards, the WhatsApp Business Terms of Service and WhatsApp Business Messaging Policy, the TikTok, X, LinkedIn, Pinterest and Telegram developer and community rules, the Google API Services User Data Policy and, when you use YouTube features, the YouTube Terms of Service and the Google Privacy Policy. By using YouTube features of the Service, you agree to be bound by the YouTube Terms of Service.

Platforms change, limit or withdraw their interfaces, review processes and rate limits at any time. Some features depend on a platform approving our access (for example Pinterest or Google Business Profile). We are not responsible for a platform's decisions, outages, limits, costs or account actions, such as a platform suspending your page, number or ad account. A few things work differently because of platform rules:

• Facebook Groups: Meta does not let any app post to groups. The Service reminds you at the scheduled time and you post yourself.
• WhatsApp: on the WhatsApp Business Platform you may only start conversations with approved message templates and only reply freely within the customer-service window the platform allows. Meta's policy does not allow general-purpose AI assistants on WhatsApp Business: AI replies on WhatsApp must stay on your own business's products, services and support. The Service answers off-topic requests on WhatsApp with a fixed message instead of the AI.
• WhatsApp by QR code, where offered, links a WhatsApp number as a linked device rather than through Meta's business platform. It is not an official WhatsApp business integration, WhatsApp may restrict or ban numbers used this way, and you use it at your own risk. Never use it for bulk or unsolicited messages. [Owner / lawyer: decide whether to keep offering this connection and confirm this wording.]
• SMS is sent through your own Twilio account under your agreement with Twilio. You pay Twilio, and you are responsible for registrations such as US A2P 10DLC and for carrier rules.
• Email inboxes connect your own mailboxes (Microsoft 365, Gmail, IMAP/SMTP or forwarding). Mail sent from them is sent as you.

Messaging, consent and marketing rules

You are responsible for having a lawful basis and any consent needed to message, call, email or text the people you contact through the Service, and for honouring opt-outs. The Service helps: it records opt-outs, never sends to contacts who opted out of a channel, honours SMS STOP and START keywords, and adds unsubscribe links where it sends non-essential email for you. But you decide who you contact and what you send. You must follow the laws that apply to you, for example anti-spam and e-privacy laws (such as CAN-SPAM, the TCPA, PECR and the ePrivacy rules in the EU), consumer protection and advertising rules, and data protection law.

If you add the website chat widget to your site, you are responsible for telling your visitors about it in your own privacy notice and for any consent your law requires. You can show your own consent text in the widget.

AI features

The Service includes AI features: AI Employees that answer conversations, an AI copilot for replies, caption writing, summaries, translations, analytics insights, repurposing content, video clips and AI steps in workflows.

• You stay in charge. AI output can be wrong, incomplete or inappropriate. Review it before you rely on it. You choose whether AI replies are sent automatically or saved as drafts, which tools an AI agent may use and which actions need a person's approval. You are responsible for what is sent or done on your behalf, including by AI you switched on.
• Included AI credits. Some plans include monthly AI credits that use AI models we provide. Credits are counted per workspace or per organization as your plan says, reset each billing month and don't carry over. When they run out, AI features stop until the next month or until you add your own key.
• Your own key (BYOK). You can add your own API key for an AI provider. Requests made with it are billed to you by that provider under your agreement with them.
• What goes to AI providers. To answer a request, we send the text it needs (for example the conversation, the post, relevant contact fields, knowledge you added) to the AI provider configured for it. Customer text is passed to the model as data, never as instructions, and the Service has safeguards against attempts to trick the AI. We do not use your Customer Data to train AI models. [Owner: confirm with each provider in use that API data is not used for training, and list the providers in the subprocessor list.]
• Tools, web search and connected apps. If you let an AI agent search the web, use apps you connect (for example through Composio) or MCP servers you add, it can read from and act in those services within the permissions you set. Actions that change something wait for a person's approval unless you allow them to run without asking.
• Don't use AI features to make decisions that have legal or similarly significant effects on people without human review, or for anything the Acceptable Use Policy forbids.

Your content and data

You keep all rights in your Customer Data. You give us a worldwide, non-exclusive licence to host, copy, process, transmit and display it only as needed to run, secure and support the Service for you, and to send it to the connected platforms and providers you choose. We process personal data in Customer Data as your processor under the Data Processing Addendum.

You confirm you have the rights and permissions needed for the content you publish and the data you bring in. We don't sell your data and we don't show ads.

We may use counts and statistics about how the Service is used that do not identify you, your members or end users to run and improve the Service. If you send us feedback or ideas, we may use them without obligation to you.

Acceptable use

You must follow the Acceptable Use Policy. In short: no unlawful content, no spam, no breaking connected platforms' rules, no abuse of the Service or of other people. We may remove content, pause features or suspend accounts that break it, as described there.

Plans, billing, trials and add-ons

[Owner: prices, plan names and limits live on the pricing page; keep that page and these terms in step. Lawyer: check consumer rights if you ever sell to consumers.]

• Plans are per workspace. Each workspace has its own plan with its own limits (for example connected accounts, workflows, contacts, team members, posts or messages per month, AI credits) and features. A free plan is available with lower limits. Organizations on the free plan may keep only a limited number of free workspaces.
• Payment. Paid plans are billed in advance, monthly or yearly, through our payment provider: Stripe, or Lemon Squeezy or Paddle, which sell to you as merchant of record (the seller on your invoice, under their own buyer terms). The checkout page says which one. Prices are shown before you pay and exclude taxes unless stated; you pay any taxes that apply. Card details are handled by the payment provider, never stored by us.
• Trials. A plan may come with a free trial. Each organization (and each owner email address) gets one trial. At the end of the trial the plan becomes paid unless you cancel before then; we remind you by email a few days before the trial ends.
• Add-ons add capacity (for example more connected accounts, workflows, contacts or team members) to a workspace for the current billing period. They are one-off purchases and end with that period.
• Coupons apply as described when you redeem them.
• Failed payments. If a payment fails, your plan becomes past due: we tell the people who manage billing, the app shows a notice, and the payment is retried. If it still isn't paid, the subscription may be cancelled and the workspace moved to the free plan. [Owner: match Stripe's retry and "cancel after all retries fail" settings.]
• Cancelling. You can cancel a paid plan at any time from the workspace's billing page. It stays active until the end of the period you paid for and then ends; it does not renew.
• Refunds. [Owner: refund policy, for example "Payments are non-refundable except where the law requires" or a money-back period.]
• Downgrades and limits. If a workspace uses more than its new plan allows after a downgrade, a cancellation or when an add-on ends, you can't add more until you are under the limit. We may also switch off the newest workflows and competitor trackers above the limit and pause publishing to the newest connected accounts above it. Your data is not deleted because of this.
• Price changes. We will tell you at least [30] days before a price change for your plan takes effect. It applies from your next billing period.

Usage limits and fair use

To keep the Service reliable and to stop abuse, the Service has rate limits and caps, for example on sign-in attempts, emails sent to one address, invitations, AI requests, web searches, API requests per key and messages per hour. Platforms also apply their own limits and, for some (such as X), charge per post or request. Don't try to get around limits, for example by creating extra organizations or accounts to get more free plans or trials.

API, MCP and agent access

The Service offers an Agent API, webhooks and an MCP server so your own software and AI assistants can work with your data.

• API keys and agent connections belong to a workspace and act with the permissions of the member who created them and the capabilities you choose. Keep keys secret and revoke ones you no longer need. Keys of members who leave stop working.
• You are responsible for what your software and AI assistants do with that access, including mistakes.
• Respect the documented limits (for example requests per key per day). We may throttle, suspend or revoke access that harms the Service or breaks these Terms.
• Outgoing webhooks are signed so you can check they came from us; protect your signing secrets.
• We may change the API; we will try to give notice before removing something you rely on.

Agencies and white-label use

If your plan includes white-label, you may show the Service under your own name, logo, colours and custom domain to your team and clients.

• You are responsible for your clients' use of the Service under your organization, for your agreements with them, for their support, and for telling them how their data is handled. For personal data you handle for your clients, you act as their processor or as a controller under your own agreements; we act as your processor (or sub-processor).
• You may only use custom domains you control. Don't present the Service in a way that misleads people about who you are.
• [Company legal name: not set (LEGAL_COMPANY_NAME)] still provides the Service and these Terms still apply to you. Security emails go out from our sending address with your brand's name.

Support and support access

To help you, our support team may sign in as one of your members ("support access"). Each time, the reason is recorded, the access ends within an hour at the latest, the member gets an email, and the start is recorded in your organization's activity log, as is everything done during it. During support access our team can't see or change passwords, sign-in emails, two-factor settings or API keys, can't change security settings, members or roles, can't export your data and can't delete your account or workspaces. Organization owners can switch support access off under Organization → Security.

Privacy and data protection

The Privacy Policy explains how we handle personal data about you and your members. The Data Processing Addendum applies to personal data in Customer Data and forms part of these Terms. Our current subprocessors are listed online.

Security

We protect the Service and Customer Data with technical and organizational measures described in the Data Processing Addendum. You are responsible for securing your own devices, sign-ins and keys, for the members you add, and for the permissions you give.

Availability and changes to the Service

We work to keep the Service available but do not promise it will be uninterrupted or error-free, unless we agree a service level with you in writing. We announce planned maintenance in the app when we can. We change and improve the Service over time. Features marked beta or preview may change or be withdrawn.

Suspension and termination

You can stop using the Service at any time. Organization owners can delete an organization (it is removed after a 14-day grace period, which they can cancel) and every person can delete their own account under Settings → Your data. Before you go, you can export your data: Settings → Your data exports your personal data, and organization owners can export the whole organization.

We may suspend or end your access if you break these Terms or the Acceptable Use Policy, if you don't pay, if a connected platform or the law requires it, or to protect the Service, other customers or end users. Where reasonable we will tell you first and give you a chance to fix the problem.

When your account ends, we delete Customer Data as described in the Privacy Policy and the Data Processing Addendum. Sections that by their nature should survive (such as payment, disclaimers, liability and governing law) survive.

Disclaimers

Except as expressly stated in these Terms, the Service is provided "as is" and "as available". To the extent the law allows, we disclaim all other warranties, including fitness for a particular purpose, merchantability and non-infringement. We don't guarantee results from posting, messaging, advertising or AI features.

Limitation of liability

[Lawyer: confirm caps and exclusions for the governing law.] To the extent the law allows, neither party is liable for indirect, incidental, special or consequential damages, or for lost profits, revenue or data, and each party's total liability arising out of these Terms is limited to the amounts you paid us for the Service in the [12] months before the claim. Nothing limits liability that the law does not allow to be limited.

Indemnity

You will defend and indemnify us against claims by third parties arising from your Customer Data, your use of connected platforms, the messages you send, or your breach of these Terms or of the law. [Lawyer: confirm.]

Changes to these terms

We may update these Terms. The version and its effective date are shown at the top of this page. For changes that matter, we will tell you in the app or by email at least [30] days before they take effect, and we may ask you to accept the new version the next time you sign in. If you don't agree, you can stop using the Service before the change takes effect.

Governing law and disputes

These Terms are governed by [Governing law: not set (LEGAL_GOVERNING_LAW)]. [Lawyer: courts / arbitration and venue.]

General

You may not transfer these Terms without our written consent; we may transfer them to a company that takes over the Service. If a part of these Terms can't be enforced, the rest stays in force. Not enforcing a right is not giving it up. Neither party is responsible for delays caused by events outside its reasonable control. These Terms are the whole agreement about the Service unless we sign something else with you.

Contact

[Company legal name: not set (LEGAL_COMPANY_NAME)], [Registered address: not set (LEGAL_COMPANY_ADDRESS)]. Email: [Contact email: not set (LEGAL_CONTACT_EMAIL)].