Terms of Service

Distinctful helps entrepreneurs, small teams, and content, marketing, and creative teams plan, create, publish, and measure their content, with their strategy, ideas, results, and partnerships in one place. The “Service” means the Distinctful website and app, the browser extension, our AI assistant connector, our documentation and support, and related features we provide.

We keep improving Distinctful, so we may add, change, or remove features, and connected platforms may change what we can offer. If we remove a feature that is material to your paid plan, we will tell you in advance where we reasonably can.

You must be at least 18 years old, or the age of majority where you live if that is higher, to use Distinctful. If you use Distinctful for a business or other organization, you confirm that you can bind it to these Terms, and “you” includes that organization.

Keep your account information accurate and your sign-in secure. You are responsible for activity under your account, including activity by teammates and AI assistants you authorize. Tell us right away at support@distinctful.com if you think your account or a connected account has been compromised.

On plans that include teammates, the workspace owner can invite people to work in the owner's workspace. Teammates can help draft and plan, while some actions, such as publishing, connecting accounts, and managing billing, are reserved for the owner. The owner decides who has access, is responsible for teammates' use of the Service, and should remove access that is no longer needed.

Work that teammates create in the workspace is part of the owner's Customer Content. Each person's Chat conversations stay private to that person.

Plans, prices, limits, and included AI credits are shown on our pricing page and at checkout. Prices are in US dollars and exclude taxes unless stated otherwise.

You keep your rights in the content and data you put into Distinctful, including ideas, drafts, posts, files, strategy, offers, deals, and other business information (“Customer Content”). These Terms do not transfer ownership of it to us.

You give us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit, and display Customer Content only as needed to provide, maintain, secure, and support the Service for you, including publishing the posts you schedule and running the features you use. This license ends when the content is deleted from the Service, apart from copies we keep for the limited periods described in our Privacy Policy.

You are responsible for your Customer Content and for having the rights and permissions it needs, including for personal information about other people and for material you did not create.

Some Customer Content is personal information about other people, such as the newsletter subscribers you sync, contacts on your deals, teammates you invite, and people who comment on your posts. You decide why that information is collected and how it is used, and we process it on your behalf. You are responsible for having a lawful basis to use it and for giving any notices the law requires.

For personal information we process on your behalf, we will:

• use it only to provide the Service to you, as these Terms and your use of the Service direct;
• not sell it, share it for advertising, or use it for our own purposes;
• protect it with the safeguards described on our Security page and limit access to people who need it;
• use service providers only under written obligations that protect it, and remain responsible for them;
• help you respond to requests from people exercising their privacy rights;
• tell you without undue delay if we learn of a security incident affecting it; and
• delete it when you delete it or your account, as our Privacy Policy describes.

If your organization needs a data processing agreement, email privacy@distinctful.com.

When you publish or schedule a post, ask an AI assistant you connected to do so, or turn on an automation such as automated replies, you authorize Distinctful to post that content to the accounts and at the times chosen. You are the author and publisher of everything posted from your accounts, and you are responsible for it.

We work to publish reliably, but platforms can delay, reject, change, or remove posts, change their rules, or limit their APIs. We do not guarantee that a post will publish, appear at an exact time, or reach a particular audience, so check its status in Distinctful.

Platforms set their own content rules, including rules for sponsored content and for labeling AI-generated or synthetic media, and laws such as advertising and endorsement rules may require disclosures. Where a platform offers disclosure settings, Distinctful shows them when it can, but following these rules is your responsibility.

You can connect social, newsletter, calendar, and other accounts. When you do, you authorize Distinctful to access and use them within the permissions you grant, for the features you use. We use each platform's official authorization flow where one exists. Where none exists for the access we need, we ask for a revocable credential the platform issues, never your account password.

Connected platforms, and websites we link to, are run by others under their own terms, which you must follow. They can change or end their APIs, permissions, rate limits, and data at any time. We are not responsible for their outages, decisions, or the accuracy of their data, though we tell you in Distinctful when we detect a problem. You can disconnect an account in Settings or through the platform at any time.

Distinctful's YouTube features use YouTube API Services. By using them, you agree to be bound by the YouTube Terms of Service, including the YouTube Community Guidelines.

Distinctful includes AI features such as Chat, drafting and planning help, research, and recommendations. AI output can be wrong, incomplete, or similar to output produced for others, and it is not legal, financial, tax, or other professional advice. Review it before you rely on it or publish it.

As between you and us, and to the extent the law allows, you own the output Distinctful generates for you, and it is part of your Customer Content. We do not use your Customer Content to train AI models, and our AI providers are not permitted to use it to train theirs. Our Privacy Policy explains how AI features handle your information.

You can connect your own AI assistant to your workspace. When you approve a connection, the assistant can read your workspace and take the actions shown on the approval screen, such as saving ideas, creating drafts, planning posts, and scheduling or publishing posts.

Actions an assistant takes through your connection are treated as yours. The assistant's provider handles what the assistant reads under its own terms and privacy policy. You can revoke a connection in Settings at any time, and we may limit or revoke connections to protect you, other customers, or the Service.

Some features create private links you can share, such as a media kit, a deal report, or a draft sent for approval. Anyone with the link can see that page, and anyone with an approval link can approve the draft or request changes, until you turn the link off. Share these links only with people you trust.

Discover helps you research public content. It shows information that creators and brands have made public on third-party platforms, such as profiles, public posts, and engagement counts. We use only publicly available information and never access private accounts, direct messages, or content behind a login or paywall.

Discover is a research tool, and each post links to its original. Creator content belongs to its creators, and Discover gives you no license to it beyond what any member of the public has when viewing a public post. Use it for research and inspiration, and do not present someone else's work as your own. Counts and other details reflect what a platform reported when we collected them and may be approximate or out of date. Distinctful is not affiliated with or endorsed by these platforms or the creators shown, and Discover's coverage of any platform may change or end.

If you are a creator and want your profile and posts removed from Discover, email privacy@distinctful.com from an address or account that shows you control the profile. For copyright concerns, see Copyright complaints below.

Use Distinctful in good faith and only for lawful purposes. Do not use the Service to:

• break the law, infringe anyone's rights, or violate a connected platform's terms or policies;
• send spam, fake engagement, or otherwise manipulate a platform's metrics, ranking, or features;
• publish content that is deceptive, harassing, hateful, or otherwise harmful, or any content that sexualizes or endangers children;
• impersonate anyone, misrepresent your affiliation, or make claims about results, endorsements, or offers you cannot support;
• upload malware or material you do not have the right to use;
• export, republish, or redistribute creator content from Discover, or use it to build a dataset or competing product;
• scrape, crawl, or bulk-download the Service, or get around its limits, except through features we provide for that purpose;
• probe or test the Service's security except as our Security page allows, or interfere with its operation;
• reverse engineer the Service, except where the law permits it despite this restriction;
• resell the Service or offer it to others as your own without our written permission; or
• store regulated or highly sensitive data, such as health records, payment card numbers, or government ID numbers, which the Service is not designed to protect.

We may investigate suspected violations and remove content, limit features, or suspend accounts in proportion to the problem.

Some features are labeled beta, preview, or early access. They may change or be withdrawn at any time, may have extra limits, and are provided “as is” without the commitments that apply to generally available features. Do not rely on them for critical work.

Distinctful and its licensors own the Service, including its software, design, the content we create, and our brand. Apart from the right to use the Service under these Terms, you receive no rights in it, and you may not copy, frame, rebrand, or resell it. If you send us feedback or ideas, we may use them without any obligation to you.

We respect the rights of copyright owners. If you believe material on the Service infringes your copyright, email support@distinctful.com with:

• the copyrighted work you believe was infringed;
• the material you believe is infringing, with enough detail for us to find it;
• your name and contact information;
• a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.

We review every complaint and may remove or disable access to the material. If we remove your material and you believe that was a mistake, reply to our message and explain why, and we will review it again. We end the accounts of repeat infringers in appropriate circumstances.

You can stop using Distinctful at any time. To delete your account, choose Delete account in Account settings. If you have a paid subscription, cancel it in Billing settings first and wait for it to end, or contact us to delete your account sooner. Deleting your account during a free trial also cancels the trial. Our Privacy Policy explains what deletion removes.

We may suspend or end your access if you materially breach these Terms, do not pay, create risk or legal exposure for us, other customers, or connected platforms, or if the law requires it. Where reasonable, we will tell you first and give you a chance to fix the problem. If we end your subscription for any reason other than your breach, we will refund prepaid fees for the unused part of your billing period.

Before your account is deleted, you can export your Customer Content where the Service supports it, or ask us at support@distinctful.com for help getting a copy, unless we ended your access for a serious violation or the law prevents it. This does not limit your rights under privacy law. Sections that by their nature should survive termination do, including those on Customer Content, fees owed, disclaimers, limitation of liability, and disputes.

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, Distinctful disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not promise uninterrupted or error-free operation, specific business results, audience growth, revenue, publishing success, platform approval, or the accuracy of data from third parties. Some jurisdictions do not allow certain disclaimers, so parts of this section may not apply to you.

To the maximum extent permitted by law, Distinctful and its owners, employees, contractors, and suppliers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunities, even if told they were possible.

To the maximum extent permitted by law, our total liability for all claims relating to the Service or these Terms is limited to the greater of US$100 or the amount you paid us for the Service in the 12 months before the event that gave rise to the claim. These limits do not apply to liability that cannot be limited under applicable law.

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-law rules. Before bringing a claim, you and we each agree to send the other a written description of the dispute (to us at support@distinctful.com, or to you at your account email) and to try in good faith to resolve it for 30 days. If that does not resolve it, and except where the law does not allow it, the dispute must be brought in the state or federal courts located in Georgia, and both of us consent to their jurisdiction and venue.

• The whole agreement. These Terms, our Privacy Policy, and any terms you accept at checkout are the complete agreement between you and Distinctful about the Service. They replace any earlier agreements or conversations about it.
• Notices. We send notices to your account email or in the Service, and you can send notices to us at support@distinctful.com. Notices and agreements made electronically count as being in writing.
• If part of these Terms cannot be enforced. The rest of these Terms still apply, and that part is enforced as far as the law allows.
• Enforcing these Terms later. If we do not enforce part of these Terms right away, we can still enforce it later.
• Transferring these Terms. You may not transfer your account or these Terms to someone else without our written permission. We may transfer them if Distinctful is merged, acquired, reorganized, or sold.
• Events outside anyone's control. Neither of us is responsible for delays or failures caused by events outside our reasonable control, such as natural disasters, war, or widespread internet outages. This does not excuse payments that are due.
• Export and sanctions laws. You may not use the Service where US export control or sanctions laws prohibit it.
• Our relationship. These Terms do not make either of us the other's partner, employee, or agent, and they do not give rights to anyone else.

We may update these Terms as Distinctful and the law change. If a change materially reduces your rights or increases your obligations, we will tell you by email or in the Service at least 30 days before it takes effect, unless a shorter time is needed to comply with the law, address misuse or security, or describe a new feature. Other changes take effect when we post them. If you do not agree with a change, stop using the Service and cancel your subscription before the change takes effect. Continuing to use the Service after that means you accept the updated Terms.

Questions about these Terms: support@distinctful.com.