Terms of Service

apublished

Version 1.0 Last updated: 8 August 2026 Effective: 8 August 2026

1. Who you are contracting with

apublished (the "Service") is operated by Hippolyte Surer, a sole proprietor established at Avenue du Delay 11, 1110 Morges, Switzerland ("we", "us", "our"). Registered in the Swiss federal register of enterprises (UID/IDE) under CHE-348.445.112, trading as apublished.

You can reach us at legal@apublished.com.

These Terms of Service (the "Terms") govern your access to and use of apublished.com, the apublished API, the MCP interface, the agent documentation endpoints, and everything else we make available under the apublished name (together, the "Service").

By creating an account, generating an API key, or otherwise using the Service, you agree to these Terms. If you are agreeing on behalf of a company or another legal entity, you confirm that you have authority to bind that entity, and "you" means that entity.

These Terms incorporate by reference:

• the Acceptable Use Policy, which sets out what you may and may not publish through the Service;
• the Privacy Policy, which explains how we handle personal data;
• the Platform Disclosures, which contain notices required by the social platforms we connect to;
• the Data Processing Agreement, where you are subject to the GDPR or the Swiss FADP and we process personal data on your behalf.

Where these Terms and one of those documents conflict, the more specific document prevails for its subject matter, except that the Data Processing Agreement prevails over all of them on the subject of personal data processed on your behalf.

2. Definitions

Account means the tenant we create for you, including its users, API keys, connected channels and posts.

Agent means any autonomous or semi-autonomous software, including an LLM-based agent, that you authorise to act on your Account through the API or the MCP interface.

Channel means a social media account or page that you connect to the Service through the platform's OAuth flow.

Content means anything you or your Agent submit to the Service for publication or storage: text, images, video, audio, captions, metadata, scheduling instructions and webhook targets.

Platform means a third-party service to which the Service can publish, currently Facebook, Instagram, LinkedIn, Threads, TikTok and YouTube, and any platform we add later.

Target means one scheduled publication of one piece of Content to one Channel.

3. What the Service does, and what it does not do

The Service accepts Content, validates it against per-platform rules, holds it until a scheduled time, and attempts to publish it to the Channels you have connected. It records what was attempted and what the Platform returned.

The Service is a transport and scheduling layer. It is not:

• a publisher, editor or reviewer of your Content;
• a party to your relationship with any Platform;
• a guarantee that a Platform will accept, retain, display or distribute your Content;
• a backup service for your Content or your media.

We do not control the Platforms. Platforms change their APIs, their content rules, their rate limits and their approval status without notice to us, and they can reject, remove, limit or delete your Content and your accounts for reasons we neither cause nor know. Section 12 sets out what this means for our obligations.

4. Eligibility and account registration

You must be at least 18 years old and legally capable of entering into a contract. The Service is intended for business and professional use. It is not directed at consumers, and it is not designed for personal use by individuals acting outside a trade or profession.

You must give accurate registration information and keep it current. You are responsible for everything that happens under your Account.

5. API keys, credentials and security

API keys are shown once, at creation. We store only a keyed hash. If you lose a key, you must generate a new one; we cannot recover it.

You must:

• keep API keys, OAuth credentials and webhook signing secrets confidential;
• scope each key to the minimum it needs;
• revoke a key immediately if it may have been exposed;
• tell us at security@apublished.com without undue delay if you become aware of unauthorised access to your Account.

You are responsible for all use of the Service made with your credentials, including use by an Agent, an employee, a contractor or anyone who obtains your key, whether or not you authorised it. Revocation takes effect on our side promptly, but it does not undo actions already taken.

6. Connected channels and third-party platforms

When you connect a Channel, you authorise us to hold the resulting access and refresh tokens and to use them to act on that Channel on your instruction.

You represent and warrant that, for every Channel you connect:

• you own the account, or you are authorised by its owner to manage it and to publish on it;
• you have obtained any consent required by the Platform before content is published or any other action is taken on the account holder's behalf;
• your use of the Service on that Channel complies with that Platform's terms, developer policies and community guidelines.

Your use of each Platform remains governed by your own agreement with that Platform. In particular, by using the Service to publish to YouTube you agree to be bound by the YouTube Terms of Service. Further platform-specific terms, required notices and revocation instructions are set out in the Platform Disclosures, which form part of these Terms.

A Platform may suspend, revoke or restrict our access, or your Channel's access, at any time. If that happens, some or all of the Service may stop working for that Platform. That is not a breach of these Terms by us, and Section 12 applies.

7. Your Content

You keep all rights in your Content. We claim no ownership.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transcode, resize, reformat, transmit and display your Content, solely to the extent necessary to operate the Service for you: that is, to validate it, adapt it to each Platform's constraints, deliver it to the Platforms you have selected, and show it back to you. The licence lasts as long as we hold the Content and ends when the Content is deleted, subject to Section 15.

You represent and warrant that you hold all rights necessary for that licence and for the publication you have instructed, including rights in any third-party material, music, footage, likeness, trademark or personal data contained in the Content.

You are solely responsible for your Content and for the consequences of publishing it. We do not pre-screen Content. We may, but are not obliged to, review Content where we have reason to believe it breaches the Acceptable Use Policy or the law.

Copyright and other complaints. If you believe Content published through the Service infringes your rights, write to abuse@apublished.com with enough detail to identify the material, the right you rely on and your contact details. We will investigate and may remove Content, disable a Target or suspend an Account. Complaints about material already live on a Platform should also go to that Platform, which alone can remove it there.

8. Automated and agent use

The Service is designed to be driven by software, including autonomous agents. That does not shift responsibility.

You are responsible for what your Agent publishes, exactly as if you had published it yourself. An Agent's output is your Content.

You must ensure that automated use complies with the consent rules the Platforms impose. Several Platforms require a specific, express act of consent by the account holder before content is published on their behalf, and some require a human-visible preview and explicit selection of settings before each post. Where a Platform imposes such a rule, unattended publication is not permitted, and you must build the required confirmation step into your own workflow. The current requirements per Platform are described in the Platform Disclosures.

We may impose rate limits, concurrency limits and volume limits on API and MCP use, and may throttle or reject requests to protect the Service or to stay inside a Platform's limits. Where a Platform enforces a hard publication cap on an account, we may refuse Targets that would exceed it.

9. Acceptable use

Your use of the Service is subject to the Acceptable Use Policy. Breach of that policy is a material breach of these Terms.

10. Plans, fees, billing and taxes

Plans. The Service is offered on a free plan and on paid subscription plans. Current plans, their limits and their prices are published at apublished.com/#pricing. Plan limits are counted in connected Channels; paid plans do not meter the number of posts.

Billing not yet live. As at the date above, paid plans are not yet billable and the Service is provided free of charge. When billing opens, we will give you at least 30 days' notice by email before any charge is made to you, and you will be able to close your Account before then without charge.

Payments. Payments will be processed by Stripe. Card details are collected and held by Stripe and never reach our servers. Your use of Stripe's payment flow is subject to Stripe's own terms. We are responsible to you for the fees themselves; we are not responsible for Stripe's processing.

Subscription terms. Paid plans renew automatically for successive terms of the same length until cancelled. You may cancel at any time with effect from the end of the current term. Cancellation takes effect at the end of the paid period; the Account then reverts to the free plan or is closed, at your choice.

Refunds. Fees are non-refundable except where required by law, or where we withdraw the Service or materially reduce it during a period you have already paid for, in which case we refund the unused part of that period on a pro-rata basis.

Failed payments. If a payment fails, we may retry it and may suspend paid features after notice. Content and Channels are retained during suspension in accordance with Section 15.

Price changes. We may change prices for future subscription terms with at least 30 days' notice by email. Changes never apply retroactively to a term you have already paid for. If you do not accept a price change, cancel before the change takes effect.

Taxes. Prices are stated exclusive of value added tax and any other applicable taxes or duties, which you pay in addition where they apply. Where we are required to charge Swiss VAT or another tax, it will be shown at checkout. You are responsible for any withholding tax in your own jurisdiction and may not reduce our fees by it.

Free plan. The free plan is provided as is, may be limited, changed or withdrawn at any time, and carries no availability commitment.

11. Availability, scheduling accuracy and changes to the Service

We work to keep the Service available and to publish on time, and we publish internal performance targets. Those targets, including any stated dispatch punctuality, describe how the system is engineered. They are engineering targets, not a contractual service level, and they do not create a warranty or a right to a credit unless a separate written service level agreement says so.

Punctuality also depends on the Platforms. A Platform that is slow, rate-limiting, degraded or down will delay or prevent publication, and we cannot make it faster.

We may change, add to or remove features. Where a change materially reduces core functionality you rely on, we will give reasonable prior notice by email or in-product, except where the change is required for security, legal compliance or by a Platform on short notice.

We may take the Service down for maintenance. We aim to give notice for planned maintenance and to schedule it outside peak hours.

12. Dependence on the Platforms

You acknowledge that the Service depends entirely on third-party APIs that we do not control, and that a Platform may at any time:

• change or remove API functionality, permissions, scopes, rate limits or quotas;
• revoke or refuse our developer access, or require an audit, verification or annual review;
• suspend, restrict, shadow-limit or delete your Channel or your published content;
• change what content is permitted, or how content must be labelled.

Where this happens, we will make reasonable efforts to adapt and to tell you what changed. We are not liable for loss caused by a Platform's act, omission, outage, policy change or enforcement decision, and such an event does not entitle you to a refund except as provided in Section 10.

13. Suspension and termination

By you. You may stop using the Service and close your Account at any time from the Account settings, or by writing to support@apublished.com.

By us, for cause. We may suspend or terminate your Account, a Channel or an individual Target, with immediate effect and with notice where practicable, if:

• you materially breach these Terms or the Acceptable Use Policy;
• your use exposes us, a Platform or a third party to legal liability, security risk or loss of Platform access;
• a Platform requires it;
• payment is overdue and remains unpaid after notice;
• we are required to do so by law or by a competent authority.

Where the breach is capable of being cured and the risk allows it, we will give you notice and a reasonable opportunity to cure before terminating.

By us, for convenience. We may terminate a free Account on 30 days' notice, and a paid Account at the end of its current term on 30 days' notice.

Effect. On termination, your right to use the Service ends, pending Targets are cancelled, and Section 15 governs your data. Sections 7 (as to warranties given), 15, 16, 17, 18, 19, 20 and 24 survive.

14. Suspension of a Channel rather than an Account

Where a problem is confined to one Channel, we will normally pause that Channel rather than suspend the Account. A paused Channel holds its queue and keeps its token; publication resumes when the Channel is resumed and the queued Targets are still valid.

15. Your data on termination

You may export your Content and your publication records through the API at any time while your Account is active.

If you close your Account yourself, deletion is immediate and irreversible. There is no grace period and no restore: the moment you confirm, we revoke the tokens for your connected Channels with each Platform, delete your media, and delete your records. Export first — the export endpoint is available at any time while the Account is active, and we cannot recover anything afterwards. We say this plainly because a deletion that quietly is not one is a worse answer to somebody who asked for it.

If we terminate your Account, we retain your Content for 30 days, during which you may ask us to restore access for export. After that period we delete it, except where a longer period is required by law or is necessary to establish, exercise or defend a legal claim.

Copies may persist in backups until they age out of the backup cycle. We do not currently publish a backup retention period; when we can state one and confirm we have tested a restore, it will appear here and on the security page.

OAuth tokens for disconnected or terminated Channels are deleted promptly, and in any event within the periods described in the Privacy Policy and the Platform Disclosures, some of which are imposed on us by the Platforms and are shorter than 30 days.

16. Intellectual property

The Service, including its software, APIs, schemas, documentation, design and the apublished name and logo, is and remains ours or our licensors'. Nothing in these Terms transfers any of it to you. We grant you a limited, revocable, non-exclusive, non-transferable right to use the Service in accordance with these Terms during your subscription.

You may not copy, modify, reverse engineer, decompile, resell, sublicense or create derivative works of the Service, except to the extent this restriction is unenforceable under mandatory law, nor use it to build a competing product.

Feedback. If you send us suggestions, we may use them without restriction and without obligation to you.

Publicity. We will not use your name or logo as a reference without your prior written consent.

17. Confidentiality

Each party may receive non-public information from the other. The receiving party will protect it with at least reasonable care, use it only for the purposes of these Terms, and disclose it only to personnel and subcontractors who need it and are bound by equivalent obligations. This does not apply to information that is or becomes public without breach, was already known, is independently developed, or must be disclosed by law, in which case the receiving party gives notice where legally permitted.

18. Warranties and disclaimer

Each party warrants that it has the authority to enter into these Terms.

To the maximum extent permitted by law, and except as expressly stated in these Terms, the Service is provided as is and as available. We do not warrant that the Service will be uninterrupted, error-free or free of harmful components, that any Content will be published, accepted, retained or distributed by a Platform, that scheduling will be exact, or that the Service will meet your requirements.

Nothing in this Section limits liability that cannot be limited under Swiss law.

19. Limitation of liability

Neither party excludes or limits liability for death or personal injury caused by its negligence, for fraud, or for any other liability that cannot lawfully be excluded. In particular, and as required by Article 100 of the Swiss Code of Obligations, nothing in these Terms excludes or limits our liability for damage caused by unlawful intent or gross negligence.

Subject to that:

(a) Excluded losses. Neither party is liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill or reputation, loss of business opportunity, or loss of or damage to data, in each case however arising.

(b) Cap. Our total aggregate liability arising out of or in connection with these Terms in any period of twelve consecutive months is limited to the greater of (i) the fees you actually paid us for the Service in the twelve months preceding the event giving rise to the claim, and (ii) CHF 100.

(c) Free plan. Where you use the Service on the free plan, our total aggregate liability is limited to CHF 100.

(d) Platform-caused loss. We are not liable for loss arising from a Platform's act, omission, outage, rejection, removal, policy change, rate limit or account enforcement, as set out in Section 12.

The allocation of risk in this Section is a fundamental basis of the pricing of the Service.

20. Indemnity

You will defend and indemnify us against any third-party claim, and any resulting loss, damage, fine, award or reasonable legal cost, arising out of:

• your Content, including any claim that it infringes intellectual property, defames, breaches privacy or breaches applicable law;
• your breach of the Acceptable Use Policy;
• your breach of a Platform's terms, or of the representations you give in Section 6;
• your instructions to publish on an account you were not authorised to manage.

We will notify you of the claim, give you control of its defence subject to our reasonable approval of any settlement affecting us, and cooperate at your expense.

21. Consumers

The Service is offered for professional use. If, despite Section 4, you use the Service as a consumer within the meaning of applicable mandatory consumer protection law, that law's mandatory provisions apply and nothing in these Terms deprives you of them, including any statutory right of withdrawal and any mandatory forum in your country of residence.

22. Changes to these Terms

We may change these Terms. For changes that materially affect your rights or obligations, we will give at least 30 days' notice by email to your Account address and by a notice in the Service. Changes take effect at the end of that period. If you do not accept them, stop using the Service and close your Account before they take effect; continued use after that date means you accept them.

Changes required by law, by a regulator or by a Platform, and changes that are purely clarifying or in your favour, may take effect immediately.

Each version is dated. Previous versions are available on request.

23. Notices

We give notice to the email address on your Account, or in-product. You give notice to legal@apublished.com. Notice by email is deemed received on the next business day after sending, unless the sender receives a delivery failure. Keep your Account email current.

24. General

Assignment. You may not assign these Terms without our written consent, except to a successor of your whole business. We may assign them to a successor of the business operating the Service, including on incorporation of the business into a company, on notice to you.

Subcontractors. We may use subcontractors and remain responsible for their performance. Subprocessors handling personal data are listed at apublished.com/subprocessors.

Force majeure. Neither party is liable for failure to perform caused by an event beyond its reasonable control, excluding the payment of money.

No waiver. Failure to enforce a provision is not a waiver of it.

Severability. If a provision is held invalid or unenforceable, it is replaced by a valid provision closest to its economic purpose, and the rest of the Terms stand.

Entire agreement. These Terms and the documents they incorporate are the entire agreement between us about the Service and replace all prior discussions. Your own purchase order or standard terms have no effect.

Language. These Terms are concluded in English. Any translation is for convenience only, and the English version prevails.

No partnership. Nothing here creates a partnership, joint venture, agency or employment relationship.

25. Governing law and jurisdiction

These Terms and any non-contractual obligation arising from them are governed by Swiss law, excluding its conflict of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

The courts of Morges, Canton of Vaud, Switzerland have exclusive jurisdiction, subject to any mandatory forum available to a consumer under Section 21.

26. Contact

Hippolyte Surer Avenue du Delay 11 1110 Morges, Switzerland

General: support@apublished.com Legal: legal@apublished.com Security: security@apublished.com Abuse and copyright: abuse@apublished.com Privacy: privacy@apublished.com