Terms of Service

Welcome to Downlocal. These Terms of Service ("Terms") govern your use of the Downlocal website, mobile applications, and services (collectively, the "Service"). The Service is operated by Downlocal ("Downlocal," "we," "us," or "our") from Michigan, United States.

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and legally able to enter into a contract to use the Service. If you are using the Service on behalf of a business, you represent that you are authorized to bind that business to these Terms.

2. The Service

Downlocal helps local businesses generate and schedule social media posts using artificial intelligence. You provide information about your business and the deals or events you want to promote; we generate post content, schedule it, and — once you connect your accounts and approve content — publish it to Facebook and Instagram on your behalf.

The Service may change over time. We may add, modify, or remove features. We will provide reasonable notice of material changes that affect your use of the Service.

3. Your account

You are responsible for keeping your account credentials secure and for all activity under your account. Notify us promptly at hello@downlocal.com if you suspect unauthorized access. You agree to provide accurate information when you sign up and to keep it current.

4. Subscriptions, billing & trial

The Service is offered as a paid subscription. The current price is $49 per month unless otherwise stated at signup. New customers may be offered a free trial of 14 days; the trial converts to a paid subscription unless you cancel before it ends.

Subscriptions renew automatically each month until you cancel. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period. We do not provide refunds for partial months or unused time, except where required by law.

Payments are processed by Stripe, and your use of Stripe is subject to Stripe's terms. You authorize us (through Stripe) to charge your payment method for all amounts due, including taxes. If a payment fails, we may suspend the Service until the balance is paid.

We may change the price of the Service. We will give you at least 30 days' notice before any price increase takes effect on your account, and you may cancel before the change applies.

5. Your content

"Your Content" means the deals, events, descriptions, images, and other materials you submit to the Service, as well as the posts generated from those materials. You retain ownership of Your Content.

You grant Downlocal a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and adapt Your Content solely to provide and improve the Service — including generating posts, scheduling them, and publishing them to your connected social media accounts when you approve them.

You represent and warrant that you have all rights necessary to grant this license and that Your Content does not infringe any third party's rights, including copyright, trademark, privacy, or publicity rights.

6. Connected social media accounts

When you connect a Facebook Page or Instagram Business account, you authorize Downlocal to publish posts to those accounts on your behalf. You can disconnect at any time, and we will stop publishing.

You are responsible for ensuring that your use of the Service complies with Meta's Platform Terms, Community Standards, and other policies that apply to your accounts. We may suspend or restrict the Service if your accounts are in violation of those policies or if Meta restricts our access on your behalf.

7. AI-generated content

The Service uses artificial intelligence to generate post text and, in some cases, images. AI output can be inaccurate, generic, or unsuitable for your business. You are responsible for reviewing generated content before it is published and for the accuracy and appropriateness of any content that goes out under your business's name.

We do not guarantee that AI-generated content will be unique, original, free of similarity to other content, or suitable for any particular purpose. By using the Service, you accept this limitation.

8. Acceptable use

You agree not to:

• Use the Service to publish content that is illegal, fraudulent, deceptive, infringing, defamatory, harassing, or sexually explicit.
• Use the Service to send spam or content that violates Meta's policies.
• Misrepresent your identity, affiliation, or the business you operate the Service for.
• Attempt to reverse-engineer, scrape, probe, or interfere with the Service or its infrastructure.
• Resell, sublicense, or provide the Service to third parties as a standalone product without our written consent.
• Use the Service to violate any applicable law or third party's rights.

9. Our intellectual property

The Service, including its software, design, brand, and original content (excluding Your Content), is owned by Downlocal and protected by intellectual property laws. These Terms do not grant you any rights to our trademarks or logos. We grant you a limited, non-exclusive, non-transferable license to use the Service while your subscription is active and in good standing.

10. Termination

You may cancel your subscription or delete your account at any time. We may suspend or terminate your access to the Service if you breach these Terms, fail to pay, or use the Service in a way that creates risk or legal exposure for us or other users.

On termination, your right to use the Service ends. Provisions that by their nature should survive — including Sections 5, 7, 11, 12, 13, and 15 — will survive.

11. Disclaimers

The Service is provided "as is" and "as available," without warranties of any kind, express or implied. To the maximum extent permitted by law, Downlocal disclaims all warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, that posts will always publish successfully, or that AI-generated content will meet your expectations.

12. Limitation of liability

To the maximum extent permitted by law, Downlocal and its officers, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to the Service.

Our total liability for any claim arising out of or related to the Service is limited to the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

13. Indemnification

You agree to defend, indemnify, and hold harmless Downlocal from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of (a) Your Content, (b) your use of the Service, (c) your violation of these Terms, or (d) your violation of any third party's rights, including Meta's policies.

14. Governing law & disputes

These Terms are governed by the laws of the State of Michigan, without regard to its conflict of laws rules. You and Downlocal agree to bring any dispute exclusively in the state or federal courts located in Muskegon County, Michigan, and consent to the personal jurisdiction of those courts.

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.

16. Contact us

Questions about these Terms? Email hello@downlocal.com.