Terms of Use

1. Purpose

These General Terms of Use (the “Terms of Use”) govern the use of the Muffino platform, available at https://muffino.ai and published by Palocorp.

Muffino is a digital solution that enables businesses and brands to create Instagram content (posts, carousels, stories, Reels) from their website and their visual identity, and then to schedule and publish it.

2. Acceptance of the Terms of Use

Use of the Muffino platform implies full and unreserved acceptance of these Terms of Use. By creating an account or using our services, you acknowledge that you have read, understood and accepted these terms. Subscription to a plan is also governed by our Terms of Sale.

We reserve the right to modify these Terms of Use at any time. Users will be informed of any modification by email or through a notification on the platform.

3. Registration and User Account

3.1 Account Creation

To use Muffino, you must create an account by providing accurate, complete and up-to-date information. You undertake to:

• Provide truthful information when registering
• Keep your login credentials confidential
• Notify Muffino immediately of any unauthorized use of your account
• Be responsible for all activities carried out from your account

3.2 Eligibility

Use of Muffino is restricted to professionals with a legally registered commercial activity. You confirm that you have the legal capacity to agree to these Terms of Use.

3.3 Workspaces and Collaborators

An account gives access to a workspace that may bring together several brands and several collaborators. The owner of the workspace is responsible for the access they grant and for the actions carried out by the collaborators they invite.

4. Description of the Services

Muffino offers the following services:

• Analysis of a brand’s website: visual identity (logo, colors, fonts, photos) and information about the business
• Creation of a visual style specific to the brand, or application of design templates
• Generation of Instagram posts, carousels, stories and Reels, with their captions
• Edits using a visual editor or artificial intelligence
• Content campaign suggestions
• Photo search in royalty-free stock photo libraries
• Publishing calendar and auto-publishing to Instagram
• Collaborative workspaces and customer support

5. Plans, Credits and Payment

Muffino’s plans, the credits used to perform tasks (analysis, style creation, content generation and editing), and the terms of payment, billing and termination are described in our Terms of Sale.

6. Content Generated by Artificial Intelligence

The content suggested by Muffino (texts, captions, layouts, visuals, campaigns) is produced automatically, in particular with the help of artificial intelligence, based on the information available on your website and the information you provide. It may contain errors or inaccuracies (prices, opening hours, dates, offers, spelling).

• You review and approve each piece of content before publishing or scheduling it
• You remain solely responsible for the content you publish, including when it is published automatically at the time you have scheduled
• You shall not use Muffino to produce content that is unlawful, misleading, defamatory or that infringes the rights of third parties

7. User Obligations

You undertake to:

• Use the platform in accordance with applicable laws and regulations
• Not use the service for illegal or fraudulent purposes
• Not attempt to circumvent the platform’s security measures
• Only analyze websites, and only use elements (logos, photos, texts, trademarks), for which you hold the necessary rights
• Not publish misleading content about your products, prices or services
• Comply with the terms of use of third-party platforms (Instagram, Meta, stock photo libraries, etc.)
• Not resell or transfer access to the platform without authorization
• Keep your account information up to date

8. Publishing on Instagram

You may connect an Instagram professional account (Business or Creator) to Muffino through Meta’s official login. You thereby authorize Muffino to publish on your behalf, at the time you have chosen, the content you have scheduled in the calendar.

• You may at any time unlink your account from within Muffino or withdraw the authorization in Instagram’s settings
• Publishing is subject to Meta’s rules and limits (accepted formats, number of posts per day, API availability)
• If a post cannot be published at the scheduled time (rejection by Instagram, service unavailability, expired connection), Muffino notifies you and offers you the option to publish it yourself

9. Intellectual Property

All elements of the Muffino platform (logos, trademarks, design, design templates, source code, content, etc.) are the exclusive property of Palocorp or its partners. Any unauthorized reproduction, representation, modification or use is strictly prohibited.

You retain all rights to the elements you provide (logo, photos, texts) and to the content created for your brand through the platform. However, you grant Muffino a license to use these elements and this content for the purpose of providing the services.

Photos from stock photo libraries remain subject to their author’s license; any required attribution notices are added to the caption and must be retained.

10. Data Protection

The collection and processing of your personal data are governed by our Privacy Policy.

We undertake to protect your data in accordance with the General Data Protection Regulation (GDPR) and applicable French law.

11. Liability and Warranties

11.1 Service Availability

We strive to keep the platform available 24 hours a day, 7 days a week. However, we cannot guarantee absolute availability and shall not be held liable for temporary interruptions for maintenance or technical reasons, nor for scheduled posts that could not be published during such interruptions.

11.2 Limitation of Liability

Muffino shall not be held liable for:

• Indirect damages resulting from the use of, or the inability to use, the service
• The actions of third-party platforms (Instagram, Meta, stock photo libraries)
• Loss of data caused by an action on your part
• The content you publish, including content generated by the platform that you have approved or scheduled

12. Termination

Muffino reserves the right to suspend or terminate your account in the event of:

• Breach of these Terms of Use
• Fraudulent or abusive use of the service
• Non-payment of sums due
• Conduct detrimental to Muffino or its users

In the event of termination, access to your account and your data will be maintained for 30 days, allowing you to export your information.

13. Governing Law and Jurisdiction

These Terms of Use are governed by French law. In the event of a dispute, the parties undertake to seek an amicable solution before taking any legal action.

Failing an amicable settlement, the dispute will be brought before the competent courts within the jurisdiction of Palocorp’s registered office.

14. Contact

For any questions regarding these Terms of Use, you may contact us: