Terms of Service
1. Agreement
By creating an account or using MiseEnKit, you agree to these Terms of Service and our Privacy Policy. If you do not agree, do not use the Service.
These terms constitute a legally binding agreement between you and DETGAAO LLC.
2. The Service
MiseEnKit is an AI-powered tool that helps small businesses create consistent visual branding and manage their social media presence. The Service includes:
- Photo upload, processing, and management
- AI-generated social media captions and hashtags
- Weekly content planning
- Post scheduling and publishing to connected social media accounts
- Brand profile and voice configuration
3. Eligibility
You must be at least 16 years old to use the Service. By creating an account, you confirm that you are at least 16 years old and have the legal capacity to enter into this agreement.
If you are using the Service on behalf of a business, you confirm that you have authority to bind that business to these terms.
4. Your Account
4.1 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at support@miseenkit.com if you suspect unauthorized access.
4.2 Account Information
You agree to provide accurate information when creating your account and to keep it up to date. We may suspend or terminate accounts with materially false information.
4.3 One Account Per Business
Each MiseEnKit account is intended for one business. Multi-location or multi-business support is not available in the current version.
5. Free Trial and Subscription
5.1 Free Trial
New accounts receive a 14-day free trial with full access to all features. The trial begins at account creation. No payment information is required to start a trial.
At the end of the trial period, you must subscribe to continue using the Service. If you do not subscribe, your account will be restricted: scheduled posts will be paused (not deleted), and your data will be preserved for 90 days.
5.2 Subscription
After your trial, continued use of the Service requires a paid subscription. We offer monthly and annual billing options. Current pricing is displayed at signup and in your account settings.
Founding member pricing is locked for the duration of your continuous subscription. If you cancel and later resubscribe, you may be subject to current pricing at that time.
5.3 Payment
Payments are processed by Stripe. By subscribing, you authorize Stripe to charge your chosen payment method on a recurring basis. All prices are listed inclusive of applicable taxes where required (including Swiss VAT).
If a payment fails, we will retry the charge according to Stripe's retry schedule (typically 3 attempts over 1 to 2 weeks). During a 7-day grace period after a failed payment, you retain access to all features. After the grace period, features will be restricted until payment is resolved.
5.4 Cancellation
You can cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. You retain full access until then.
There are no cancellation fees, no required phone calls, and no mandatory retention flows. Cancellation is available in Settings and requires three taps or fewer.
After cancellation, your data is preserved for 90 days. After 90 days, your account becomes dormant and data is subject to our standard retention policy.
5.5 Refunds
If you request a refund within 7 days of your first paid subscription charge, we will issue a full refund. After 7 days, no refunds are provided. Refund requests should be sent to support@miseenkit.com.
6. Acceptable Use
You agree not to use the Service to:
- Upload content that infringes on the intellectual property rights of others
- Upload content that is illegal, defamatory, obscene, or harmful
- Upload photos of people without their consent for marketing purposes (the Service prompts you to confirm consent when uploading photos tagged as containing people)
- Attempt to circumvent usage limits, security measures, or access controls
- Use the Service to generate misleading, deceptive, or fraudulent content
- Reverse engineer, decompile, or attempt to extract the source code of the Service
- Use automated tools (bots, scrapers) to access the Service outside of its intended interface
- Resell, sublicense, or redistribute the Service or its outputs to third parties as a competing service
We reserve the right to suspend or terminate accounts that violate these terms.
7. Your Content
7.1 Ownership
You retain ownership of all photos, text, and other content you upload to the Service ("Your Content"). We do not claim ownership of Your Content.
7.2 License to Us
By uploading content to the Service, you grant us a limited, non-exclusive, worldwide license to store, process, display, and transmit Your Content solely for the purpose of providing the Service to you. This includes processing your photos through our image enhancement and background removal pipelines, analyzing your photos with AI to generate captions, and publishing approved content to your connected social media accounts.
This license ends when you delete the content or your account.
7.3 AI-Generated Content
Captions, hashtags, and other text generated by the Service are created for your use. You own the output once you approve and publish it. You are responsible for reviewing all AI-generated content before publishing.
7.4 Consent for Photos of People
If you upload photos containing identifiable people (tagged as "Team" or "Customer"), you confirm that you have obtained appropriate consent from those individuals for use of their images in your marketing materials. We are not responsible for verifying that you have obtained such consent.
8. AI Content Disclaimer
MiseEnKit uses artificial intelligence to generate captions, hashtags, and content suggestions. You acknowledge and agree that:
- AI-generated content may contain errors, inaccuracies, or inappropriate suggestions
- You are solely responsible for reviewing and approving all content before it is published
- We do not guarantee that AI-generated content will be accurate, appropriate, or suitable for your specific business needs
- AI-generated captions may not reflect current events, seasonal accuracy, or real-time information
- You should verify any factual claims, health claims, allergen information, or other specific assertions before publishing
The Service includes guardrails to prevent common AI content issues (such as unsubstantiated health claims or misleading superlatives), but these guardrails are not infallible. Final responsibility for published content rests with you.
9. Automated Publishing and Trust System
9.1 How It Works
The Service includes an automated publishing feature that becomes available after you have demonstrated consistent satisfaction with generated content through your approval patterns. This feature is designed to build trust gradually and is not available by default.
When automated publishing is active for specific days of the week, the Service will generate and publish content on your behalf. You will receive advance notification before each automated post, with the option to cancel.
9.2 Your Control
You can disable automated publishing at any time from your settings. Automated publishing is limited to certain content categories (such as regular menu items and general atmosphere posts) and excludes time-sensitive content, promotional announcements, and photos containing identifiable people.
The specific criteria and thresholds used to determine automated publishing eligibility are proprietary.
9.3 Your Responsibility
Even when automated publishing is active, you remain responsible for all content published to your social media accounts through the Service. We provide a one-hour window after automated publication during which you can remove the post from your connected platforms.
10. Third-Party Services
10.1 Social Media Platforms
The Service integrates with Instagram and Facebook through Meta's API. Your use of these platforms is governed by Meta's own terms of service and policies. We are not responsible for changes to Meta's API, policies, or terms that may affect Service functionality.
10.2 Payment Processing
Payments are processed by Stripe under Stripe's terms of service. We do not store your payment card details.
10.3 AI Processing
Content generation is powered by Anthropic's Claude API. While we configure our AI processing to prevent the use of your data for model training, Anthropic's own data handling is governed by their terms and policies.
11. Usage Limits
Your subscription includes a monthly allocation of content generation. The current soft limit is approximately 30 posts per month. If you approach or exceed this limit, you will receive a notification. A hard technical limit exists to manage system costs, after which you will not be able to generate new content until the next billing cycle. You can still view, edit, and manually post existing content.
We reserve the right to adjust these limits with 30 days' notice.
12. Service Availability
We aim to provide reliable and continuous access to the Service but do not guarantee uninterrupted availability. The Service may be temporarily unavailable due to:
- Scheduled maintenance (we will provide advance notice when possible)
- Unplanned outages or technical issues
- Third-party service disruptions (Meta API, Stripe, cloud infrastructure)
- Force majeure events
We are not liable for losses arising from Service unavailability.
13. Intellectual Property
13.1 Our Property
The Service, including its design, code, AI models, algorithms, brand identity, and documentation, is owned by DETGAAO LLC and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service.
13.2 Feedback
If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.
14. Limitation of Liability
To the maximum extent permitted by applicable law:
- The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
- We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service.
- Our total liability for any claim related to the Service is limited to the amount you paid us in the 12 months preceding the claim.
- We are not liable for any content published to your social media accounts through the Service, including AI-generated content that you approved for publication.
- We are not liable for any loss of business, revenue, or reputation arising from content published through the Service.
These limitations apply even if we have been advised of the possibility of such damages.
15. Indemnification
You agree to indemnify and hold harmless DETGAAO LLC, its officers, employees, and agents from any claims, damages, or expenses (including reasonable legal fees) arising from:
- Your use of the Service
- Content you upload or publish through the Service
- Your violation of these terms
- Your violation of any third-party rights, including intellectual property or privacy rights
16. Data Protection
Our collection, use, and protection of your personal data is governed by our Privacy Policy. By using the Service, you acknowledge that you have read and understood our Privacy Policy.
17. Termination
17.1 By You
You may terminate your account at any time by using the account deletion feature in Settings. See our Privacy Policy for details on what happens to your data.
17.2 By Us
We may suspend or terminate your account if you:
- Violate these terms
- Use the Service in a way that could harm other users or the Service itself
- Fail to pay subscription fees after the grace period
If we terminate your account for reasons other than a terms violation, we will provide reasonable notice and a pro-rated refund for any unused subscription period.
18. Dispute Resolution
18.1 Governing Law
These terms are governed by the laws of the State of Nevada, United States, without regard to conflict of law principles.
18.2 Informal Resolution
Before filing any legal claim, you agree to contact us at support@miseenkit.com and attempt to resolve the dispute informally for at least 30 days.
18.3 Jurisdiction
Any legal action arising from these terms or the Service shall be brought exclusively in the state or federal courts located in Clark County, Nevada.
19. General Provisions
- Entire agreement: These terms, together with our Privacy Policy, constitute the entire agreement between you and DETGAAO LLC regarding the Service.
- Severability: If any provision of these terms is found to be unenforceable, the remaining provisions remain in full force.
- No waiver: Our failure to enforce any provision of these terms does not waive our right to do so in the future.
- Assignment: You may not assign or transfer your rights under these terms. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets.
- Modifications: We may update these terms from time to time. If we make material changes, we will notify you via email or in-app notification at least 14 days before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance.
20. Contact
For questions about these terms:
Email: support@miseenkit.com
Mailing address:
DETGAAO LLC
7880 W. Maule Ave, STE 1018
Las Vegas, NV 89113
United States
These Terms of Service are provided in English. A German-language version will be made available in a future update.