PLEASE READ THESE TERMS CAREFULLY. These Terms of Use (the “Terms”) form a binding agreement between you and CQUARED (“CQUARED,” “we,” “us,” or “our”), the operator of Publenta. By accessing, registering for, connecting an account to, or using Publenta, you agree to these Terms. If you use Publenta on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.
1. What Publenta Is
Publenta is an AI-powered content creation and publication automation service. Depending on the features you use, Publenta may generate or adapt text, images, scripts and stock-footage-based short videos; analyze topics, trends, formats and styles; perform automated quality checks; connect to third-party platforms; schedule content; and publish content automatically at your direction.
Publenta uses artificial intelligence, automated systems, third-party models, third-party APIs, stock-media services and social-media platforms. These technologies are probabilistic and may produce unexpected or incorrect results.
2. Eligibility and Accounts
You must be at least 18 years old and legally capable of entering into a binding agreement to use Publenta. You are responsible for the accuracy of account information, safeguarding credentials and connected accounts, and all activity occurring through your account. You must notify us promptly if you suspect unauthorized access.
3. Your Content, Inputs and Rights
“User Content” includes prompts, topics, instructions, brand materials, text, images, photographs, video, audio, logos, social-media content, account information and other materials you provide or authorize Publenta to access.
You retain whatever rights you lawfully hold in your User Content. You grant CQUARED a worldwide, non-exclusive, royalty-free, sublicensable license to host, copy, transmit, transform, process, display and otherwise use User Content only as reasonably necessary to provide, secure, maintain, troubleshoot and improve Publenta and to work with service providers and subprocessors that support those purposes.
You represent and warrant that you have all rights, licenses, permissions, releases and consents necessary for Publenta to process and publish your User Content. This includes rights to any trademarks, copyrighted materials, music, photographs, videos, voices, names and likenesses of people appearing in the materials you provide.
4. AI-Generated Content and AI Limitations
You are solely responsible for evaluating whether any output is accurate, lawful, appropriate, safe and suitable for your intended use. Publenta’s automated checks are additional filters only and do not constitute a guarantee that errors, legal issues, factual inaccuracies, intellectual-property concerns, platform-policy violations or reputational risks will be detected.
Unless expressly stated otherwise in a separate written agreement, CQUARED does not independently fact-check every generated statement, verify every source, clear intellectual-property rights in every output, or review every item before publication.
AI-generated material may not qualify for copyright or other intellectual-property protection in some jurisdictions, and similar or identical output may be generated for other users. CQUARED makes no representation concerning the ownership, registrability, exclusivity or non-infringement of AI-generated output.
5. Automatic Publication
You remain the publisher and the party responsible for content posted through your accounts. You accept the risk that automatically published content may contain errors, may be published at an undesired time, may be interpreted differently than intended, may cause reputational or commercial harm, or may violate a third-party platform’s rules.
You are responsible for selecting appropriate topics, styles, sources, permissions, channels and automation settings, and for monitoring your connected accounts after publication. You may disable automation where the Service provides that option.
6. No Guarantee of Reach, Virality or Business Results
Publenta may use information about popular topics, formats, hooks, trends, engagement patterns or content structures when creating content. Such information is intended to improve the potential relevance and performance of content only.
We do not guarantee that any content will become popular, go viral, receive any minimum number of views, followers, clicks, leads, sales, conversions, revenue or engagement, or achieve any particular ranking or business result. Social-platform algorithms and audience behavior are outside our control and can change without notice.
7. Digital Persona, Name, Image, Voice and Likeness
If you use features that create or incorporate a digital persona, you authorize Publenta and its service providers to process the photographs, video, audio, name, image, voice, likeness and related materials you submit for the purpose of providing the requested feature.
You may only submit or authorize use of another person’s name, image, voice or likeness if you have all legally required rights and consents. You may not impersonate another person, create deceptive endorsements, create non-consensual intimate content, or use a person’s likeness in a misleading or unlawful manner.
8. Third-Party Platforms, Models and Services
Publenta depends on third parties, including social networks, hosting providers, analytics providers, AI model providers, image and video generation providers, stock-media providers and other APIs. Your use of third-party services may also be governed by their own terms, policies and licenses.
We do not control third-party services and are not responsible for their availability, security, accuracy, outages, API changes, rate limits, account restrictions, moderation decisions, content removal, policy changes or termination of access. A third-party platform may suspend or terminate your account or reject content independently of Publenta.
Stock media and other third-party materials may be subject to separate license terms. You are responsible for complying with any applicable license conditions communicated through the Service or by the applicable provider.
9. Prohibited Use
You may not use Publenta to violate law or third-party rights; infringe intellectual property; harass, threaten or defame others; distribute malware or scams; engage in fraud or deceptive practices; generate unlawful discriminatory content; create non-consensual sexual or intimate content; impersonate people without authorization; manipulate elections unlawfully; evade platform safeguards; obtain unauthorized access to systems; or publish content that you do not have the right to publish.
You may not reverse engineer, scrape, resell, sublicense, abuse, overload or interfere with Publenta except where such restrictions are prohibited by law.
10. Trial Requests and Future Paid Plans
The current Publenta seven-day trial flow is a request for access. It does not require a credit card and does not automatically create a charge or paid subscription. Submission of a trial request does not guarantee immediate access or acceptance into a trial.
Pricing shown on Publenta describes the plans we currently intend to offer when paid subscriptions are enabled. Before any payment is collected, the applicable price, billing interval, renewal terms, cancellation terms, taxes and any refund policy will be disclosed at checkout or in the applicable order form.
We may change future pricing, limits or plan features before paid service is enabled or prospectively thereafter, subject to applicable law.
11. Beta, Experimental and Changing Features
Some features may be labeled beta, preview, experimental, coming soon or similar. They may be incomplete, unavailable, changed or discontinued at any time. We may modify, add, remove, suspend or discontinue any feature of Publenta, including integrations, models or automation capabilities.
12. Publenta Intellectual Property
Publenta, CQUARED, our software, workflows, interfaces, branding, documentation, designs and other technology are owned by CQUARED or its licensors and are protected by applicable intellectual-property laws. Except for the limited right to use the Service under these Terms, no rights in Publenta are transferred to you.
CQUARED does not claim ownership of your User Content. Subject to these Terms and applicable third-party rights, you may use outputs generated for you. Nothing in these Terms guarantees that any output is legally protectable, exclusive or free from third-party claims.
13. Feedback
If you provide suggestions, feature ideas or other feedback about Publenta, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or compensation.
14. Suspension and Termination
We may suspend or terminate access where reasonably necessary to protect Publenta, users, third parties or CQUARED; investigate suspected abuse; comply with law; enforce these Terms; or respond to security or platform-integrity risks. You may stop using Publenta at any time.
15. Disclaimer of Warranties
We do not warrant that Publenta will be uninterrupted, error-free, secure, compatible with every third-party platform, or that any generated output will be accurate, lawful, original, complete, suitable or accepted by any platform.
16. Limitation of Liability
To the maximum extent permitted by law, the aggregate liability of CQUARED for all claims arising out of or relating to Publenta or these Terms will not exceed the greater of (a) the amount you paid to CQUARED for Publenta during the six months immediately preceding the event giving rise to the claim or (b) US $100.
Some jurisdictions do not allow certain exclusions or limitations, so portions of this section may not apply to you. In that case, liability is limited to the fullest extent permitted by applicable law.
17. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless CQUARED and its owners, officers, employees, contractors, affiliates, licensors and service providers from claims, damages, losses, liabilities, judgments, settlements, penalties, costs and expenses (including reasonable attorneys’ fees) arising from or related to your User Content; your use of AI-generated output; automated publications made through your connected accounts; your violation of these Terms, law or third-party rights; or your failure to obtain required permissions or consents.
18. Release
To the maximum extent permitted by law, you release CQUARED from claims arising from disputes between you and third-party platforms, your audience, customers, advertisers, rights holders or other third parties relating to content created or published through Publenta.
19. Dispute Resolution; Arbitration; Class-Action Waiver
Please read this section carefully because it affects your legal rights. Except for eligible small-claims matters and requests for temporary or injunctive relief relating to intellectual property, unauthorized access or misuse of the Service, any dispute arising out of or relating to Publenta or these Terms will be resolved by binding individual arbitration rather than in court.
The Federal Arbitration Act governs this arbitration provision. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules when applicable and otherwise under its applicable Commercial Arbitration Rules. Arbitration may be conducted remotely unless the arbitrator determines an in-person hearing is necessary. If an in-person hearing is required, it will take place in Travis County, Texas, unless applicable law requires otherwise.
NO CLASS ACTIONS. You and CQUARED agree that disputes will be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated or representative proceeding, to the extent permitted by law.
You may opt out of this arbitration provision by sending written notice to cquared.ds@gmail.com within 30 days after first accepting these Terms. Your notice must include your name, account email and a clear statement that you wish to opt out of arbitration.
20. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent federal law applies. For disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, unless applicable law requires otherwise.
21. Time Limit to Bring Claims
To the maximum extent permitted by law, any claim arising out of or relating to Publenta or these Terms must be filed within one year after the claim arose, or it is permanently barred.
22. Changes to These Terms
We may update these Terms from time to time. We will post the revised Terms and update the “Last updated” date. Where required by law, we will provide additional notice or obtain consent before a material change takes effect. Your continued use after an effective update constitutes acceptance to the extent permitted by law.
23. Miscellaneous
If any provision is found unenforceable, the remaining provisions remain in effect and the unenforceable provision will be enforced to the maximum extent permitted by law. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a reorganization, merger, acquisition, sale of assets or transfer of the Service.
24. Contact
Questions about these Terms may be sent to cquared.ds@gmail.com.