Terms of Service for Melbeni
Last Updated: June 11, 2025
These Terms of Service (“Terms”) govern your access to and use of the Melbeni platform, including its web-based application, application programming interfaces (APIs), and related services (collectively, the “Platform”), operated by Melbeni, a company incorporated under the laws of Brazil (“Melbeni,” “we,” “us,” or “our”). By accessing or using the Platform, you (“User,” “you,” or “your”) agree to be bound by these Terms, which constitute a legally binding agreement between you and Melbeni. If you do not agree to these Terms, you must not access or use the Platform.
1. Acceptance of Terms
1.1 Agreement to Terms
By accessing or using the Platform, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, incorporated herein by reference. If you are using the Platform on behalf of an entity, you represent that you have the authority to bind such entity to these Terms.
1.2 Eligibility
You must be at least 18 years of age to use the Platform. By using the Platform, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.
1.3 Changes to Terms
Melbeni reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Platform or through other reasonable means, such as email notification. Your continued use of the Platform after such changes constitutes your acceptance of the revised Terms.
2. Description of the Platform
2.1 Services
The Platform provides software-as-a-service tools for scheduling and automating posts on third-party social networks, including through web-based interfaces and APIs. Features include, but are not limited to, content scheduling, analytics, and integration with third-party social network APIs (e.g., Twitter, Instagram, Facebook).
2.2 Subscription Plans
Access to the Platform is provided through paid subscription plans. Details of subscription plans, including fees and features, are available on the Platform. Melbeni reserves the right to modify subscription offerings at any time, with notice to Users.
3. Use of the Platform
3.1 License to Use
Subject to your compliance with these Terms and payment of applicable subscription fees, Melbeni grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal or business purposes, solely as permitted by your subscription plan.
3.2 Account Registration
To access the Platform, you must create an account by providing accurate, current, and complete information, including a valid email address. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.
3.3 Third-Party API Access
The Platform integrates with third-party social network APIs. You authorize Melbeni to access your accounts on such third-party platforms as necessary to provide the Services, subject to your explicit consent and compliance with the terms of service of those third-party platforms. Melbeni is not responsible for the acts, omissions, or terms of third-party platforms.
3.4 Prohibited Conduct
You agree not to:
- Use the Platform for any unlawful or unauthorized purpose, including violating the terms of third-party social networks;
- Attempt to reverse-engineer, decompile, or otherwise access the Platform’s source code;
- Interfere with or disrupt the Platform’s operation, including by introducing viruses, malware, or other harmful code;
- Use the Platform to transmit content that infringes third-party rights or violates applicable law;
- Create multiple accounts to circumvent subscription limits or restrictions.
4. User-Generated Content
4.1 Ownership and License
You retain ownership of any text, images, videos, or other content you upload or schedule through the Platform (“User Content”). By submitting User Content, you grant Melbeni a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, and display such User Content solely to provide and operate the Platform’s services.
4.2 Content Standards
You represent and warrant that your User Content:
- Does not infringe any third-party intellectual property, privacy, or publicity rights;
- Is not defamatory, obscene, harassing, or otherwise objectionable;
- Complies with the terms of service of any third-party social network on which it is posted.
4.3 Content Removal
Melbeni reserves the right, but not the obligation, to remove or disable access to any User Content that violates these Terms, third-party platform terms, or applicable law, in our sole discretion.
5. Intellectual Property
5.1 Platform Content
All software, designs, trademarks, and other intellectual property on the Platform, excluding User Content, are owned by or licensed to Melbeni and are protected by Brazilian and international intellectual property laws.
5.2 Restrictions
You may not copy, modify, distribute, or create derivative works of any Platform content without our prior written consent.
6. Data Protection
6.1 Data Collection
Melbeni collects and processes personal data, including your email address and third-party API access credentials, as described in our Privacy Policy. By using the Platform, you consent to such processing in accordance with the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados, LGPD, Law No. 13.709/2018) and, where applicable, the General Data Protection Regulation (GDPR) for Users in the European Union.
6.2 Third-Party APIs
Melbeni will access third-party social network APIs only with your explicit consent. You acknowledge that such access is subject to the data protection policies of those third-party platforms, over which Melbeni has no control.
7. Subscription Fees and Payment
7.1 Fees
You agree to pay all applicable subscription fees as specified in your chosen plan. Fees are non-refundable except as required by law or expressly stated in these Terms.
7.2 Payment Authorization
By providing payment information, you authorize Melbeni to charge your designated payment method for all fees due. You are responsible for ensuring your payment information is accurate and up-to-date.
7.3 Termination for Non-Payment
Melbeni may suspend or terminate your access to the Platform if you fail to pay any fees when due.
8. Termination
8.1 Termination by Melbeni
Melbeni may suspend or terminate your access to the Platform at any time, with or without cause, including for violation of these Terms or non-payment of fees, in our sole discretion.
8.2 Termination by User
You may terminate your account at any time by following the instructions on the Platform. Upon termination, you must cease all use of the Platform.
8.3 Effect of Termination
Upon termination, your license to use the Platform will cease, and Melbeni may delete your account data, subject to applicable data retention obligations under the LGPD or GDPR. Provisions of these Terms that, by their nature, should survive termination (e.g., indemnification, limitation of liability) shall remain in effect.
9. Disclaimers and Limitation of Liability
9.1 No Warranties
The Platform is provided on an “as-is” and “as-available” basis. Melbeni disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
9.2 Third-Party Platforms
Melbeni is not responsible for the availability, performance, or terms of third-party social networks integrated with the Platform. You assume all risks associated with the use of such third-party platforms.
9.3 Limitation of Liability
To the fullest extent permitted by law, Melbeni shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Platform. Our aggregate liability shall not exceed the total subscription fees paid by you in the six (6) months preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless Melbeni, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Platform, violation of these Terms, infringement of third-party rights, or violation of third-party social network terms.
11. Governing Law and Dispute Resolution
11.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, without regard to its conflict of law principles.
11.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the Platform shall be resolved exclusively in the courts of São Paulo, Brazil. You irrevocably submit to the jurisdiction of such courts. To the extent permitted by law, you waive any right to a jury trial or class action proceeding.
12. Compliance with Applicable Law
12.1 LGPD Compliance
Melbeni complies with the Brazilian General Data Protection Law (LGPD) regarding the collection, processing, and storage of personal data. For details, see our Privacy Policy.
12.2 GDPR Compliance
For Users in the European Union, Melbeni complies with the General Data Protection Regulation (GDPR). You may exercise your rights under GDPR (e.g., access, rectification, erasure) by contacting us as specified in the Privacy Policy.
12.3 Other Jurisdictions
You are responsible for ensuring your use of the Platform complies with applicable laws in your jurisdiction, including any data protection or consumer protection laws.
13. Miscellaneous
13.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Melbeni regarding the Platform, superseding any prior agreements.
13.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
13.3 Waiver
No waiver of any provision of these Terms shall be effective unless in writing and signed by Melbeni.
13.4 Force Majeure
Melbeni shall not be liable for any failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, cyberattacks, or third-party platform outages.
13.5 Contact Information
For questions or concerns regarding these Terms, please contact us at aquila@melbeni.com.