Terms of Service

1. Introduction and Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between Eser Tech ("ESER AI", "we", "us", or "our") and you ("User", "you", or "your"), governing your access to and use of the ESER AI web application, REST APIs, Model Context Protocol (MCP) server endpoints, background workers, and associated content creation and multi-channel publishing tools (collectively, the "Platform" or "Services").

By creating an account, accessing our web application, integrating via API or MCP, or connecting any social media account, you affirm that you have read, understood, and agreed to be bound by these Terms. If you are entering into these Terms on behalf of a company, agency, or other legal entity, you represent and warrant that you possess the requisite authority to bind that entity. If you do not agree to these Terms, you must not access or use the Services.

2. Service Description

ESER AI is an AI-assisted, multi-channel social media workflow platform designed for content creators, agencies, and digital marketing teams. Key functionalities provided by the Platform include:

• AI Content Generation: Generation of social copy, scripts, storyboards, and multimedia compositions through commercial artificial intelligence models.
• Social Account Management: Secure OAuth 2.0 connection to authorized third-party platforms (including TikTok, YouTube, Instagram, Facebook, Threads, X, Pinterest, LinkedIn, and Bluesky).
• Multi-Channel Publishing & Scheduling: Immediate, queued, and scheduled publishing of video and multimedia posts to supported social networks.
• Audience & Interaction Workflow: Social comment retrieval, direct message organization, and automated creator assistance.
• Developer Extensibility: Programmatic access through authenticated REST APIs and Model Context Protocol (MCP) integrations.

3. Eligibility and Account Registration

To access and use ESER AI, you must be at least 18 years of age (or the age of legal majority in your jurisdiction), complete registration with accurate and current information (including a valid email address), and not be barred from using our Services under applicable laws or platform policies. Each account is tied to a primary workspace owner. You may invite authorized team members within the limits of your active subscription plan.

4. Account Security and Credentials

You are solely responsible for safeguarding your login credentials, passwords, and API keys. You agree to notify ESER AI immediately at esertech2025@gmail.com upon becoming aware of any unauthorized account access. You accept full responsibility for all activities, post dispatches, and API actions initiated under your credentials.

5. Connected Third-Party Platforms

The Platform allows you to connect external social media accounts via standard OAuth 2.0 authorization protocols. By connecting an account:

• You represent and warrant that you own or possess lawful authorization from the account holder to manage and publish content to that account.
• You grant ESER AI technical permission to exchange authorization codes, securely store encrypted access and refresh tokens, retrieve basic profile identification (such as handle, display name, and avatar), and transmit authorized posts and media on your behalf.
• You acknowledge that ESER AI does not own or control third-party platforms, and their availability, features, policies, and rate limits may change without notice.

6. Social Platform Authorization Protocols & Token Deletion

When connecting external platforms, ESER AI adheres to permission minimization, requesting only scopes necessary to perform features you activate. All OAuth access tokens, refresh tokens, and provider signing secrets are encrypted at rest using industry-standard symmetric encryption algorithms (AES-256).

Disconnection & Token Purging: You may disconnect any linked social account at any time via the Social Accounts dashboard (/dashboard/settings/social-accounts). Disconnecting a social account immediately and permanently deletes stored access and refresh tokens from our active database.

7. User Content and License Grant

"User Content" encompasses all text, prompts, media assets, images, video footage, audio files, documents, and other materials uploaded, submitted, or transmitted to the Platform by you.

Ownership: You retain full ownership, copyright, and intellectual property rights in and to your User Content.

Limited License: You grant ESER AI a non-exclusive, worldwide, royalty-free, limited license to host, process, reproduce, analyze, and transmit your User Content solely to the extent required to provide, operate, and maintain the Services (such as rendering video compositions, executing AI prompts, and dispatching scheduled posts to your selected social platforms).

No Public AI Training: ESER AI does not sell your User Content or use your private workspace data, video drafts, or prompts to train public foundation models without your explicit prior consent.

8. AI-Generated Content and User Responsibility

Certain features of ESER AI utilize generative artificial intelligence models to assist with scriptwriting, ideation, image synthesis, and video creation.

• Review Requirement: AI-generated outputs may occasionally contain inaccuracies, hallucinations, or unintended biases. You are strictly responsible for reviewing, verifying, and editing all AI-generated content before publishing it publicly.
• Publishing Autonomy: The final decision to publish, distribute, or schedule any content generated with the assistance of ESER AI rests exclusively with you. ESER AI disclaims any liability arising from content you choose to publish.
• Intellectual Property in Outputs: To the extent permitted by applicable law, rights in outputs generated through your use of the Services belong to you, subject to third-party model provider terms and applicable copyright laws.

9. Acceptable Use Policy

You agree to use ESER AI in strict compliance with all applicable local, national, and international laws, regulations, and industry standards. You warrant that your User Content and use of the Services will not:

• Violate or infringe upon the copyright, trademark, privacy, publicity, or other proprietary rights of any person or entity.
• Promote, distribute, or contain hate speech, unlawful harassment, defamatory statements, sexually explicit content involving minors, violent extremism, or instructions for illegal acts.
• Facilitate unauthorized commercial spam, deceptive bulk messaging, coordinated inauthentic behavior, or automated engagement manipulation prohibited by social networks.
• Misrepresent your identity, impersonate any person or brand, or falsely claim affiliation with an organization without authorization.

10. Prohibited Technical Activities

You must not, and must not permit any third party to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform (except to the extent permitted by applicable law).
• Interfere with, circumvent, or disable any security features, access controls, rate limiters, or authentication mechanisms of the Services.
• Use automated bots, scrapers, or crawlers to extract data or interfaces from ESER AI outside documented, authenticated REST and MCP APIs.
• Introduce viruses, trojans, worms, logic bombs, or other malicious or technologically harmful materials into the Platform.
• Attempt to gain unauthorized access to any server, database, or network connected to ESER AI.

11. Intellectual Property of ESER AI

The ESER AI name, logo, ESER Shield design, brand assets, user interface layouts, software code, documentation, and all related proprietary technologies are the property of Eser Tech and its licensors. Except for the limited right to access and use the Platform in accordance with these Terms, nothing herein transfers any intellectual property rights to you.

12. Third-Party Services and Infrastructure

The Platform integrates with third-party service providers for hosting, payment processing, external AI inference, and social platform communication. You acknowledge that ESER AI is not responsible for the uptime, network routing, or performance of external providers, and certain features may be temporarily altered due to third-party service outages or API modifications.

13. Social Platform Terms Compliance

When using ESER AI to connect to or publish on third-party platforms, you must strictly comply with each platform’s applicable terms and developer policies, including:

• TikTok: TikTok Terms of Service, Community Guidelines, and Developer Terms of Service.
• YouTube: By connecting or publishing to YouTube via ESER AI, you agree to be bound by the YouTube Terms of Service and the Google Privacy Policy.
• Meta (Instagram, Facebook, Threads): Meta Terms of Service and Developer Policies.
• X (formerly Twitter): X Terms of Service and Developer Agreement.
• Pinterest, LinkedIn, Bluesky: Respective platform terms of service and developer rules.

A violation of any third-party platform’s policies resulting from your actions may lead to immediate suspension or termination of your ESER AI account.

14. Publishing and Scheduling Responsibility

You retain full operational control over all content scheduled and published through ESER AI. Scheduled posts are queued and transmitted via automated background workers according to your chosen publication parameters and time zones. ESER AI cannot guarantee exact delivery times down to the second due to network latency, platform rate limits, or platform queuing. If a social network rejects a post, ESER AI records an error status and provides retry capabilities where supported.

15. Platform Rate Limits and Usage Quotas

To preserve service stability and fair access for all users, ESER AI enforces rate limits on API requests, MCP tool calls, background renders, and publishing dispatches. Third-party social platforms also impose independent rate limits on post creation and media uploads; ESER AI complies with provider quotas and throttles requests exceeding platform thresholds.

16. API and Model Context Protocol (MCP) Usage

If your plan includes access to ESER AI’s developer APIs or MCP server tools:

• You are granted a revocable, non-exclusive, non-transferable key to make authorized calls to the API/MCP server.
• API access is subject to workspace authentication and rate limiting.
• You must not share API keys publicly, embed keys in client-side code, or use API keys to facilitate concurrent unauthorized access.
• ESER AI reserves the right to rotate, throttle, or revoke API keys involved in abnormal or abusive traffic volume.

17. Subscriptions and Billing

ESER AI offers tiered subscription plans (including Starter, Creator, and Agency tiers) with recurring billing cycles (monthly or annual). Current plan pricing and credit allocations are published on our Pricing page (https://eserai.tech/pricing). When online checkout is offered through Paddle, Paddle acts as our authorized Merchant of Record and the legal seller of the digital software subscription, managing order processing, billing inquiries, VAT/sales tax compliance, and authorized refund distributions. For accounts onboarded through direct founder invitation or private evaluation, subscriptions and credits may be provisioned directly by Eser Tech. ESER AI does not store full credit card numbers or CVV codes on its servers. Unless cancelled prior to renewal, paid subscriptions automatically renew on the scheduled billing date.

18. Free Trials

New accounts may be eligible for a 7-day free trial on supported plans with $0 due today. Payment-method verification occurs through our secure billing provider at trial commencement. At the conclusion of the 7-day trial period, unless cancelled prior to expiration, the subscription converts to a paid plan and the selected payment method is billed for the applicable tier. Free trial accounts may have restricted access to certain advanced features, such as live developer API execution, until upgraded to a paid subscription.

19. Credits and Usage Metering

Subscription plans include a specified monthly allocation of AI generation credits (e.g., 1,250 credits for Starter; 5,000 credits for Creator; 28,000 credits for Agency). Credits meter AI generation work (such as video rendering and image generation). Failed generations release their charge. Ordinary publishing, editing, and scheduling actions do not consume AI credits. Monthly recurring credits reset at each billing interval renewal.

20. Cancellation

You may cancel your subscription at any time through the Billing settings in your dashboard (/dashboard/settings/billing) or via the self-service Customer Billing Portal provided by our payment partner. Upon cancellation, your subscription remains active through the end of your paid billing period, and you will not be billed for subsequent billing cycles.

22. Service Availability and Maintenance

ESER AI strives to deliver high platform availability. However, you acknowledge that the Services may occasionally be interrupted for scheduled maintenance, security updates, emergency repairs, or telecommunications failures. We reserve the right to modify, update, suspend, or discontinue any feature or component of the Platform with reasonable advance notice where practicable.

23. Beta and Experimental Features

From time to time, ESER AI may offer features labeled as "Beta", "Preview", or "Experimental". Beta features are provided strictly "AS IS" and "AS AVAILABLE" for evaluation purposes and may contain bugs or be subject to discontinuation without prior notice.

24. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, PLATFORM, REST APIS, MCP TOOLS, AND AI GENERATION FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

ESER AI EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC COMMERCIAL REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, THAT SOCIAL NETWORKS WILL ACCEPT OR REFRAIN FROM MODERATING YOUR CONTENT, OR THAT AI OUTPUTS WILL BE FACTUALLY COMPLETE OR ACCURATE.

25. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Eser Tech, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, SOCIAL MEDIA ACCOUNT ACCESS, AUDIENCE REACH, OR BUSINESS REPUTATION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES.

ESER AI ACCEPTS NO LIABILITY FOR THIRD-PARTY SOCIAL NETWORK ACTIONS, INCLUDING ACCOUNT RESTRICTIONS, SHADOWBANNING, SUSPENSIONS, OR POST REMOVALS IMPOSED BY TIKTOK, YOUTUBE, META, X, OR ANY OTHER PLATFORM.

IN NO EVENT SHALL ESER AI’S TOTAL AGGREGATE LIABILITY ARISING UNDER OR RELATED TO THESE TERMS EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO ESER AI IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

26. Indemnification

You agree to defend, indemnify, and hold harmless Eser Tech, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to your User Content, your violation of these Terms, your violation of any third-party social platform policy or terms of service, or any infringement of third-party intellectual property or privacy rights by your content or actions.

27. Suspension and Termination

You may terminate your account at any time via dashboard account settings or by contacting esertech2025@gmail.com. We reserve the right to suspend or terminate your access immediately and without prior notice if you materially breach these Terms, if we receive credible notices of unlawful activity or infringement associated with your account, or if required by legal authorities or third-party social platforms. All provisions that by their nature survive termination shall survive.

28. Modifications to Services and Terms

We reserve the right to revise or update these Terms at any time. When material changes are made, we will update the "Last Updated" date at the top of these Terms and provide notice via dashboard notifications or email where appropriate. Your continued access to or use of the Services following notice constitutes your binding acceptance of the updated Terms.

29. Governing Law and Dispute Resolution

These Terms and any dispute, controversy, or claim arising out of or related to them or their breach, termination, or invalidity shall be governed by and construed in accordance with the laws of Nepal, without giving effect to any principles of conflicts of law.

Any legal action, suit, or proceeding arising under or in connection with these Terms shall be instituted in the competent courts of Nepal, and each party irrevocably submits to the jurisdiction of such courts for the resolution of any dispute.