Draft for legal review. Not yet approved by counsel.
1. Who we are
Warmup (“the Service”) is operated by Warmup Marketing LLC, a limited liability company registered in Delaware, USA (“Warmup”, “we”, “us”). These Terms of Service (“Terms”) form a binding agreement between you and Warmup. By creating an account or using the Service you accept these Terms.
2. The Service
Warmup helps you run social media accounts on Instagram, TikTok and Facebook. The Service generates content drafts with AI, schedules and publishes approved content, tracks public metrics of your accounts and of public accounts you choose to follow, and produces analytics and video breakdowns. Features may change as the Service develops.
3. Accounts
You must be at least 18 years old and able to enter into a contract. You are responsible for your login credentials and for all activity under your account. Keep your contact information accurate. You may not share one account between unrelated businesses or resell access to the Service.
4. Connected social accounts
You connect your own social accounts through the official authorization flows of each platform. You confirm that you are authorised to manage every account you connect. You remain bound by the terms of those platforms. Warmup never asks for your platform passwords.
5. Competitor and public data
You may add public accounts to track. Warmup collects only information that those platforms make publicly available. You agree to use this data for lawful market research and content planning, and not to harass, impersonate or defame any person or business.
6. Plans, trial and billing
Every plan starts with a free trial of 7 days. No payment method is required for the trial. After the trial, continued use requires a paid plan billed monthly in US dollars by credit or debit card. Plans renew automatically until cancelled. Prices and plan limits are shown on the pricing page and may change with at least 30 days notice for existing subscribers.
7. Cancellation and refunds
You can cancel at any time from your account settings. Access continues until the end of the paid period. Fees already paid are non-refundable except where required by law.
8. Acceptable use
You agree not to use the Service to publish unlawful, misleading, hateful or infringing content; to circumvent platform rules, rate limits or security measures; to send spam; or to reverse-engineer, scrape or overload the Service itself.
9. Your content and generated content
You keep ownership of the content you upload and of the content you approve and publish. You grant Warmup a licence to process that content only to provide the Service. AI-generated drafts are provided as suggestions; you are responsible for reviewing them before publication. See our AI Use Policy.
10. Intellectual property
The Service, its software, design and trademarks belong to Warmup or its licensors. These Terms do not grant you any rights in them other than the right to use the Service.
11. Availability and changes
We aim for high availability but do not guarantee uninterrupted service. We may modify, suspend or discontinue features with reasonable notice where practical.
12. Disclaimers and limitation of liability
The Service is provided “as is”. To the fullest extent permitted by law, Warmup disclaims all implied warranties and is not liable for indirect, incidental or consequential damages, loss of profits or loss of data. Our total liability for any claim is limited to the fees you paid in the 12 months before the claim.
13. Termination
We may suspend or terminate accounts that violate these Terms. You may delete your account at any time.
14. Governing law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict-of-law rules. Disputes are resolved in the state or federal courts located in Delaware, unless mandatory consumer law in your country provides otherwise.
15. Changes to these Terms
We may update these Terms. Material changes are announced by email or in the Service at least 14 days before they take effect. Continued use after that date means acceptance.