Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between Ad2app sp. z o.o., with its registered office at ul. Juliana Smulikowskiego 4A/21, 00-389 Warszawa, Poland, NIP: 5253042936, KRS: 0001168159 ("ad2app", "we", "us"), and the individual or legal entity accessing or using the ad2app platform ("you", "User").

By creating an account or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

ad2app is a social media scheduling platform for content creators. The Service lets you connect your own social media accounts, compose a post once, schedule and publish it to the platforms you choose, and track the performance of your published posts. The Service includes:

• Connecting your own social media accounts via authorised access (OAuth), currently Instagram, TikTok, X (Twitter), YouTube, LinkedIn, Facebook, Threads, Pinterest, Reddit, and Bluesky.
• Composing a post once and scheduling and publishing it to the connected platforms you select.
• Analytics and reporting on your published posts.
• A unified inbox for comments and direct messages from your connected platforms.
• Media and content file management.
• Optional connection of third-party AI assistants and tools that support the Model Context Protocol (MCP), letting you manage scheduling, posting, and analytics from within a tool of your choice. See Section 13 and our Privacy Policy.

The Service is offered on three plans: Free (connecting new social accounts and publishing are not available on this plan; if you previously had a paid plan, your previously-connected accounts, post history, and analytics also become inaccessible while you are on the Free plan. That data is retained, not deleted, and becomes available again if you resubscribe), Starter, and Pro (Starter and Pro differ only in how many social accounts you may connect; all other features are identical). Current plan details and pricing are shown in the app and on our pricing page.

Not all features described in these Terms are available in every plan. We may modify the Service where this is not necessary to keep it conforming with the contract only for a valid reason stated here: to comply with law or a decision of a court or authority; to maintain or restore security; to reflect a change in the third-party platforms we integrate with; or to replace a feature with an equivalent or better one. Where a modification negatively and more than minorly affects your access to or use of the Service, we will notify you on a durable medium (such as email) in advance, describing the change and when it takes effect, and, if you are a consumer, you may terminate the contract free of charge within 30 days of the later of the date the change is made and the date you are informed of it, with a pro-rata refund of any prepaid Fees for the unused period. This applies whether you are on a paid plan, the Free plan or the private beta.

We sometimes offer a private beta: a limited number of places on a free, fixed-term grant of full access to the Service. If you accept a beta invitation, this section applies to you in addition to the rest of these Terms, and prevails over them where they conflict.

• The beta is free of charge. No payment is due, no payment method is collected, and your beta place never converts into a paid plan automatically.
• The beta runs for a fixed period, stated to you before you accept and confirmed in the message we send you when you accept. Access begins when you accept and ends automatically on the stated end date. That end date is the agreed duration of the beta, not a change we make to the contract later.
• When the beta period ends, your account moves to the Free plan. Nothing is charged and nothing is deleted. On the Free plan, connecting new social accounts and publishing are unavailable, and the social accounts, post history and analytics from your beta period become inaccessible while you remain on the Free plan. That data is retained, not deleted, and becomes available again if you subscribe to a paid plan. You can also ask us to export it at any time, not only when you leave (Section 12).
• We will remind you before the beta period ends and tell you when it has ended. Neither message is a condition of the end date taking effect: the end date is already part of these Terms.
• You may leave the beta at any time, for any reason, at no cost, by closing your account (Section 12) or by writing to us at kontakt@ad2.app.
• Your statutory right of withdrawal (Section 8a) applies to the beta contract in full, exactly as it applies to a paid plan. Nothing in this section limits it.
• Places are limited. We may close beta registration once the places are filled.
• We will not end your beta place before the stated end date, except where you materially breach these Terms or the law requires it. The 30-day termination for any other reason in Section 12 does not apply during the beta period. Otherwise the fixed period would only be fixed for you.

• You must be at least 18 years old and have full legal capacity to enter into binding contracts to use the Service.
• If you register on behalf of a legal entity, you represent and warrant that you have authority to bind that entity to these Terms.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You must provide accurate, current, and complete registration information and keep it updated.
• You may not create more than one account per legal entity without our prior written consent.

You agree not to use the Service to:

• Violate any applicable law or regulation, including EU and Polish data protection, advertising, and consumer protection laws.
• Upload, transmit, or distribute content that is unlawful, harmful, defamatory, obscene, or that infringes third-party intellectual property rights.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorised access to any part of the Service or its related systems.
• Use automated means (bots, scrapers, crawlers) to access or collect data from the Service without our express prior written consent; this does not restrict your use of a third-party tool you have authorized via MCP within the access you approved (see Section 13).
• Send unsolicited communications (spam) through the Service.
• Engage in any activity that disrupts or interferes with the integrity or performance of the Service.
• Circumvent or disable any security or access control features of the Service.
• Use a connected third-party tool (see Section 13) to perform any action on the Service that would itself violate these Terms if you had done it directly.

We reserve the right to suspend or terminate accounts that violate this section. We enforce these restrictions diligently, objectively, and proportionately, with due regard to your rights and legitimate interests, including your freedom of expression (Art. 14(4) DSA); where we do so, the statement-of-reasons and redress commitments in Section 5 (Content moderation) apply.

"User Content" means any data, text, images, video, or other material you upload, post, or otherwise transmit through the Service, including content you submit through a connected third-party tool.

• You retain all intellectual property rights in your User Content. By submitting User Content, you grant ad2app a non-exclusive, worldwide, royalty-free licence to host, store, display, and reproduce it solely to the extent necessary to provide the Service.
• You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe any third-party rights.
• We may remove User Content that violates these Terms or applicable law.

Content moderation (Art. 14 DSA)

We may restrict, remove, or disable access to User Content, or suspend or terminate an account, where the content is illegal or breaches these Terms. Moderation decisions are made by human review; we do not use automated tools or algorithmic decision-making to detect or remove content. If you believe a moderation decision was wrong, you may contest it by writing to kontakt@ad2.app; we will review your objection and reply with a reasoned decision.

Statement of reasons (Art. 17 DSA)

Where we remove or disable access to your content, suspend or terminate your account, or restrict payments on the ground that content is illegal or breaches these Terms, we will provide you with a clear and specific statement of reasons: what we did and its scope, the facts and circumstances relied on, whether automated means were used in taking the decision, the legal or contractual ground, and clear and user-friendly information on how you can contest the decision, except for restrictions taken pursuant to a legal order under Art. 9 DSA (which follow that Article’s own notice rules) or where the content is deceptive high-volume commercial content (spam).

Platform non-liability for User Content

ad2app does not create, edit, endorse, or control User Content. We act solely as a hosting intermediary within the meaning of Article 6 of the EU Digital Services Act (Regulation (EU) 2022/2065) and are not liable for User Content unless we have actual knowledge of its illegal nature and fail to act expeditiously to remove or disable access to it.

You are solely and exclusively responsible for any content you create, publish, share, schedule, or distribute through the Service, including but not limited to scheduled posts, captions, images, videos, hashtags, and any other material posted on third-party platforms (including the social media platforms you connect, such as Instagram, TikTok, X (Twitter), YouTube, LinkedIn, Facebook, Threads, Pinterest, Reddit, and Bluesky) using ad2app as a tool or workflow, whether that content was composed directly by you, drafted with the help of a connected AI assistant, or scheduled, planned, or tracked through the platform. ad2app assumes no liability for such content.

In particular, you are responsible for ensuring that all published content complies with: (a) applicable advertising and marketing laws; (b) platform-specific community guidelines and terms of service of any third-party social media platform; (c) intellectual property rights of third parties; and (d) all applicable laws of the jurisdiction(s) where the content is distributed or viewed.

Digital Services Act: Points of Contact (Art. 11 DSA)

In accordance with Art. 11 of Regulation (EU) 2022/2065 (Digital Services Act), ad2app designates the following single point of contact for direct communication with Member State authorities, the European Commission, and the European Board for Digital Services: kontakt@ad2.app. Communications may be conducted in Polish or English.

Point of contact for users (Art. 12 DSA)

You can contact us directly and rapidly at kontakt@ad2.app. This channel is handled by our team and does not rely solely on automated tools.

Notice-and-action procedure (Art. 16 DSA)

Any person or entity may submit a notice of alleged illegal content hosted on the ad2app platform to kontakt@ad2.app. To be effective under Art. 16(2) DSA, a notice should include:

• an explanation of why the content is considered illegal under EU or applicable national law;
• the precise location (URL or sufficient description) of the content;
• the name and email address of the notifier, except where the notice concerns information considered to involve one of the offences referred to in Articles 3 to 7 of Directive 2011/93/EU; and
• a statement that the notifier believes in good faith that the information and allegations are accurate and complete.

We will acknowledge receipt without undue delay and act expeditiously upon sufficiently substantiated notices. Notifiers will receive our decision and information about available redress mechanisms. Manifestly unfounded repeated notices may be deprioritised.

The Service, including its software, design, logos, trademarks, and documentation, is owned by or licensed to ad2app and is protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your own purposes in accordance with these Terms. You must not:

• copy, modify, or create derivative works of the Service;
• reverse engineer, decompile, or disassemble any part of the Service (except as permitted by applicable law);
• use our trademarks or branding without our prior written consent.

If you use the Service to publish sponsored content, advertisements, or paid partnerships on your own accounts, you are solely responsible for complying with applicable advertising laws and disclosure obligations, including the Polish Act on Combating Unfair Commercial Practices (including the obligation to clearly mark sponsored posts, for example as "reklama" or "#ad"), the EU Digital Services Act, and the platform-specific rules of the social media platform on which the content is distributed (for example paid-partnership or branded-content toggles).

Where the Service offers disclosure labelling features (such as a paid-partnership setting for a supported platform), these are provided to assist you; using them does not by itself guarantee compliance, and not every platform or legal requirement is covered by a product feature. You remain responsible for obtaining all necessary licences, consents, and permissions for any creative materials (music, images, trademarks, likeness) used in your published content.

Certain features of the Service require payment of fees as set out in the applicable subscription plan (Starter or Pro; see Section 2) ("Fees"). Fees are stated in EUR or PLN. If you are a consumer, all Fees are shown inclusive of applicable VAT, as the total amount payable per billing period, before you confirm your order; for business customers, Fees are stated exclusive of VAT unless otherwise indicated. Payment is processed by Stripe; we do not receive or store your card details (see our Privacy Policy).

• Paid plans renew automatically at the end of each billing period at the then-current Fee until cancelled. You may cancel renewal at any time in your account settings; cancellation takes effect at the end of the current paid period, you retain access until then, and no further Fees are charged after that.
• Fees are non-refundable except where expressly stated or required by applicable law.
• We reserve the right to change Fees with at least 30 days' notice before the change takes effect; a changed Fee applies only from your next billing period after the notice. If you are a consumer and do not accept a Fee increase, you may cancel your subscription before the increase takes effect, free of charge.
• Failure to pay Fees may result in suspension of your access to paid features.

This section applies to you if you are a consumer, meaning a natural person acting outside your trade, business, craft or profession. It also applies to you if you are a sole trader registered in the Polish CEIDG who concludes this contract in connection with your business, where the contract is not of a professional character for you, judged in particular by the subject of your registered activity (art. 7aa of the Polish Ustawa o prawach konsumenta), which covers most solo creators who happen to be registered. It applies to every contract you conclude with us, including the Free plan and the private beta, whether or not you pay us anything.

You have the right to withdraw from this contract within 14 days without giving any reason and without incurring any cost. The withdrawal period expires 14 days from the day the contract is concluded, which is the day you create your account or accept a new plan or beta invitation.

To exercise the right of withdrawal, you must inform us of your decision by an unequivocal statement, for example a letter sent by post or an email to kontakt@ad2.app. You may use the model withdrawal form below, but this is not obligatory. To meet the withdrawal deadline it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If you withdraw electronically, we will send you an acknowledgement of receipt on a durable medium without delay.

If you withdraw from this contract, we will reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed of your decision. We will use the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event you will not incur any fees as a result of the reimbursement. On the Free plan and during the private beta there is nothing to reimburse, because nothing has been paid.

You pay nothing for the period before you withdrew. Polish law would let us charge a proportionate amount for what you used, but only if we had separately asked you, before payment, to expressly request that we start the Service inside the withdrawal period. We do not ask for that, so a withdrawal within 14 days is a full refund, with no deduction for time already used.

After you withdraw, you must stop using the Service. We will not use content other than personal data that you provided or created while using the Service, except where that content is only usable in connection with the Service, relates only to your activity while using it, or has been combined with other data and cannot reasonably be separated. On your request we will make that content available to you free of charge, without hindrance, within a reasonable time and in a commonly used, machine-readable format.

The Service is provided "as is" and "as available" without any warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by applicable law.

We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the availability, accuracy, or behavior of any third-party tool you choose to authorize via MCP (see Section 13); your use of such a tool is at your own risk and subject to that tool's own terms.

If you are a consumer, nothing in this Section limits your statutory rights. We are legally required to supply a service that conforms with the contract throughout the subscription period. Where the Service does not conform, you are entitled to have it brought into conformity and, failing that, to a proportionate reduction in price or to terminate the contract, under Directive (EU) 2019/770 as implemented in the Polish Ustawa o prawach konsumenta. The "as is" disclaimer above applies only to the extent permitted by applicable law and does not apply to consumers.

To the maximum extent permitted by applicable law, ad2app shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the Service.

In any case, our total aggregate liability to you for any claim arising from these Terms shall not exceed the greater of: (a) the Fees paid by you to ad2app in the 12 months preceding the claim, or (b) EUR 100.

If you are a consumer, the cap above does not apply to you. Our liability towards a consumer is governed by Polish law without contractual limitation, and nothing in this Section excludes or limits our liability for non-performance or improper performance of the contract towards a consumer. This matters most on the Free plan and in the private beta, where you have paid us nothing and the cap would otherwise be at its harshest.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded by Polish or EU law.

You agree to indemnify, defend, and hold harmless ad2app and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your User Content; or (c) your violation of any third-party rights.

This Section does not apply to you if you are a consumer. An open-ended obligation to cover our costs has no place in a contract with a consumer, and we do not ask for one.

• You may close your account at any time from your account settings or by contacting us at kontakt@ad2.app. When you close your account, your connected social accounts are disconnected and their access revoked immediately and irreversibly; your account data is held in a deactivated state for 30 days, during which you can restore the account (you will need to reconnect your social platforms), after which it is permanently deleted. See our Privacy Policy.
• We may suspend or terminate your account immediately if you materially breach these Terms, or with 30 days' notice for any other reason. Where we suspend or terminate on the ground of illegal content or a breach of these Terms, we will provide a statement of reasons and redress information as described in Section 5.
• At any time, and in particular on withdrawal or termination, you may request, free of charge, without hindrance, and within a reasonable time, an export of the content you provided or created through the Service (such as your drafts and uploaded media), other than personal data governed by our Privacy Policy, in a commonly used, machine-readable format. Send the request to kontakt@ad2.app.
• Upon termination, your licence to use the Service ceases. Sections 5, 6, 10, 11, 12a, 13, 14, and 15 survive termination. Section 12a matters in particular, because a complaint is usually made after an account has already been closed.

If something is wrong with the Service, write to us at kontakt@ad2.app describing the problem and what you would like us to do.

If you are a consumer, we will reply within 14 days of receiving your complaint, on a durable medium. If we do not reply within that period, your complaint is deemed accepted (art. 7a of the Polish Ustawa o prawach konsumenta).

This is separate from contesting a content moderation decision (Section 5) and from out-of-court dispute resolution (Section 14).

Our collection and use of personal data is governed by our Privacy Policy, which forms part of these Terms. By accepting these Terms, you acknowledge that you have read and understood our Privacy Policy.

The Service uses third-party data processors, including EU-hosted product analytics (PostHog Cloud EU), payment processing (Stripe), transactional email (Resend), and social media API aggregation (Zernio), as listed and described in the Privacy Policy. Usage analytics and session replay operate only with your consent, which you may give or withdraw at any time via the cookie consent controls described in the Privacy Policy. Marketing emails are sent only with your opt-in consent, withdrawable at any time via the unsubscribe link in any such email or by contacting us at kontakt@ad2.app.

Third-party tools you authorize (MCP): if you connect a third-party AI assistant or tool to the Service via MCP, that tool acts on your instruction as your own connected tool; it is not our sub-processor and we do not control it. Access is granted only after you approve a consent screen describing what the tool may do, is enforced by our server against exactly what you approved, and can be revoked by you at any time (see the Privacy Policy, Section 6a, for how to revoke). What the tool does with data it retrieves on your behalf is governed by that tool's own terms. See our Privacy Policy for the full description.

These Terms are governed by the laws of Poland. If you are a consumer, this choice of law does not deprive you of the protection of any provision of the law of the country where you are habitually resident that cannot be departed from by agreement. Where the law of your country gives you stronger protection than Polish law on a given point, that stronger protection applies to you on that point. This paragraph reflects Article 6(2) of Regulation (EC) No 593/2008 (Rome I).

If you are a consumer, you may bring proceedings against us either before the courts of Poland or before the courts of the country where you are habitually resident, whichever you prefer. We may bring proceedings against you only before the courts of the country where you are habitually resident. Nothing in these Terms requires you to litigate anywhere other than your own country, and nothing here obliges you to arbitrate. If you are not a consumer, the courts competent for our registered office in Warsaw have exclusive jurisdiction.

If you are a consumer and we cannot resolve your complaint directly, you can use out-of-court dispute resolution. In Poland, the competent bodies include the Wojewódzki Inspektorat Inspekcji Handlowej for your voivodeship and the Rzecznik Konsumentów in your district (powiat) or city, both free of charge. The register of authorised Polish ADR entities and how to reach them is published by UOKiK at https://polubowne.uokik.gov.pl. Using out-of-court dispute resolution does not affect your right to go to court. Our contact address for dispute resolution purposes is kontakt@ad2.app.

We may change these Terms only for a valid reason stated here: to comply with a change in law or a decision of a court or authority; to reflect a change in the third-party platforms we integrate with; to address a security or technical necessity; to reflect a new feature or plan we introduce; or to correct an error or make the wording clearer without changing what either of us owes. Any other change requires your agreement.

We will notify you of any change on a durable medium (normally email) at least 30 days before it takes effect, setting out what is changing, why, and when. If you are a consumer, a change that affects your rights or obligations takes effect for you only if you accept it. We will present a clear accept or decline choice. We will not treat your silence, or your continued use of the Service, as acceptance. If you decline, or do not respond, your contract continues on the current Terms until the end of your current billing period, and you may cancel at any time with a pro-rata refund of prepaid Fees for the unused period.

• Entire agreement: These Terms and the Privacy Policy constitute the entire agreement between you and ad2app regarding the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force and effect.
• No waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce it in the future.
• Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights without restriction.

For questions about these Terms, please contact us at: