Terms of Service — publishwith.ai

        Please read these Terms carefully before using publishwith.ai. By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
      

1. Definitions

"Service" means the publishwith.ai platform, including the website, API, MCP endpoints, and all related software operated by us.

"We", "us", "our" means Stefano Straus, the operator of publishwith.ai (contact: legal@publishwith.ai).

"You", "your" means the individual or legal entity that registers for or uses the Service.

"Account" means your registered user account on the Service.

"Content" means any data, HTML, templates, databases, files, or other material you upload, publish, or store through the Service.

"Subscription" means a paid plan (Team or Enterprise) purchased through the Service.

2. Acceptance and Eligibility

By using the Service you confirm that:

You are at least 16 years old;
You have the legal capacity to enter into a binding contract;
Your use of the Service complies with all applicable laws in your jurisdiction.

If you are using the Service on behalf of a legal entity, you represent that you have authority to bind that entity to these Terms.

3. Account Registration and Security

You must provide accurate and complete information when registering. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your Account. You must notify us immediately at security@publishwith.ai if you suspect unauthorised access.

We reserve the right to require email verification before granting full access to the Service.

4. Acceptable Use

We reserve the right to remove any Content and to suspend or terminate any Account — immediately and without notice — if we determine, at our sole discretion, that the Content or use of the Service is unacceptable, harmful, or in violation of these Terms or applicable law. No refunds are owed in such cases.

4.1 Prohibited Content

You may not publish, store, or transmit through the Service any Content that:

Is illegal under Italian law, EU law, or applicable international law, including but not limited to content that violates intellectual property rights, privacy rights, or data protection laws;
Contains child sexual abuse material (CSAM) or any content that sexualises or exploits minors;
Constitutes hate speech, incitement to violence, or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or national origin;
Promotes, facilitates, or constitutes terrorism, organised crime, or other violent extremism;
Is defamatory, fraudulent, or deliberately misleading;
Contains malware, viruses, trojans, spyware, or any other malicious code;
Violates any third party's intellectual property, trade secrets, or proprietary rights;
Contains unsolicited commercial communications (spam) or is used to conduct phishing attacks;
We otherwise deem objectionable in our sole and absolute discretion.

4.2 Prohibited Activities

You may not use the Service to:

Attempt to gain unauthorised access to our systems, other accounts, or any third-party system;
Conduct load testing, penetration testing, or vulnerability scanning without our prior written consent;
Circumvent, reverse-engineer, or otherwise interfere with any security feature of the Service;
Use automated tools to create accounts in bulk or to abuse the free tier;
Resell or sublicense access to the Service without our prior written consent;
Use the Service in a way that imposes an unreasonable or disproportionate load on our infrastructure.

4.3 International Content Standards

The Service is operated from Italy and is subject to Italian and EU law. You are responsible for ensuring your Content complies with all laws applicable to you and to the jurisdictions in which your Content is accessed, including export control laws, data protection laws (GDPR where applicable), and content regulations. We apply EU standards as the minimum baseline; stricter local rules that apply to you are your responsibility.

5. Content Moderation and Removal

We do not proactively monitor all Content published on the Service. However:

We reserve the right — but not the obligation — to review, flag, and remove any Content at any time, for any reason, with or without notice;
We will act promptly on legally mandated removal requests (court orders, regulatory notices, CSAM reports);
We may remove Content that we believe, in our sole discretion, poses a legal, reputational, or security risk to the Service or to third parties;
Removal of Content does not entitle you to any refund.

To report Content that violates these Terms, contact abuse@publishwith.ai.

6. Account Suspension and Termination

We may suspend or permanently terminate your Account at any time, with or without cause, with or without notice. Grounds include but are not limited to: violation of these Terms, non-payment, fraudulent activity, legal obligation, or any use we determine to be harmful to the Service, other users, or third parties. We are not required to justify our decision.

6.1 Termination for cause

Accounts terminated for violation of Section 4 (Acceptable Use) or any other material breach of these Terms are terminated with immediate effect. No refund is owed.

6.2 Termination for non-payment

If a Subscription payment fails, we will retry the payment for up to 5 days. After 5 days without successful payment, your account will be downgraded to the Free tier. If the Free tier limits are exceeded, apps beyond the limit will be suspended. After a further 14 days without payment, we reserve the right to terminate the Account and delete all associated data. No service credit or refund is owed for periods of suspended access due to non-payment.

6.3 Free tier inactivity

Free tier accounts that show no activity (no login, no app access) for 30 consecutive days will receive a warning email. If the account remains inactive for a further 3 days, it will be permanently deleted along with all associated data. We are under no obligation to preserve data from deleted Free tier accounts.

6.4 Voluntary termination

You may close your Account at any time through the account settings. Upon closure, your data is retained for 30 days before permanent deletion, during which time you may request an export. No partial-month refunds are issued for voluntary termination mid-cycle.

6.5 Effect of termination

Upon termination, your right to use the Service ceases immediately. We may delete your Content and Account data. Provisions of these Terms that by their nature should survive termination (including Sections 7, 8, 9, 10, 11, and 12) shall survive.

7. Fees and Payment

Subscription fees are charged in advance on a monthly basis. All prices are in Euros and exclude VAT where applicable. VAT will be added at checkout in accordance with EU VAT rules.

Payment is processed by Stripe, Inc. By subscribing you agree to Stripe's terms of service. We do not store your payment card details.

No refunds. Subscription fees are non-refundable except where required by mandatory consumer protection law (including the EU Consumer Rights Directive right of withdrawal, applicable to consumers within the EU who have not yet used the Service). If you are a business customer, no right of withdrawal applies.

We reserve the right to change pricing at any time. Price changes will be communicated by email at least 30 days in advance. Continued use after the new price takes effect constitutes acceptance.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT DATA WILL NOT BE LOST.

We make no warranty regarding the accuracy, reliability, completeness, or timeliness of any Content published through the Service. You use the Service at your own risk.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE — SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO US IN THE ONE (1) CALENDAR MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU ARE ON THE FREE TIER, OUR LIABILITY IS ZERO.

In no event shall we be liable for any:

Loss of profits, revenue, or data;
Loss of business or contracts;
Indirect, incidental, special, consequential, or punitive damages;
Damages arising from third-party actions or Content;
Damages arising from your failure to maintain backups of your own data.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless publishwith.ai, its operator, and any affiliates, officers, agents, and employees from and against any claim, liability, damage, loss, and expense (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your Content; (c) your violation of these Terms; or (d) your violation of any third-party rights or applicable law.

11. Intellectual Property

11.1 Our IP

The Service, including its software, design, trademarks, and documentation, is owned by us and protected by applicable intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service solely for its intended purpose.

11.2 Your Content

You retain all ownership rights in your Content. By publishing Content through the Service, you grant us a limited, worldwide, royalty-free licence to host, store, reproduce, and serve your Content solely as necessary to operate and provide the Service. This licence terminates when you delete the Content or close your Account (subject to applicable retention periods).

11.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us the right to use such feedback without restriction or compensation to you.

12. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of Italy, without regard to conflict of law principles.

Any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Italy. If you are a consumer resident in the EU, you also have the right to bring proceedings in the courts of your country of residence, and you may use the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr.

13. General

13.1 Entire agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

13.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely, including in connection with a merger, acquisition, or sale of assets.

13.5 Amendments

We reserve the right to modify these Terms at any time. We will notify registered users by email at least 14 days before material changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service and close your Account.

13.6 Force majeure

We are not liable for any failure or delay in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, civil unrest, government action, internet infrastructure failures, or third-party service outages.

14. Contact

For legal matters: legal@publishwith.ai
For abuse reports: abuse@publishwith.ai
For privacy requests: privacy@publishwith.ai