Terms and Conditions

These General Terms and Conditions of Use (the "Terms") constitute a binding contract between Kaizup, a Belgian company with its registered office in Brussels, Belgium ("Kaizup", "we", "us"), and any individual or legal entity accessing or using the Kaizup platform and associated services (the "Client", "you").

Kaizup provides a Software-as-a-Service (SaaS) solution accessible via the Internet, designed to help businesses and professionals manage their social media presence. These Terms govern all technical, legal, and financial aspects of the relationship between Kaizup and its Clients.

By using the Platform, you acknowledge that you have read, understood, and accepted these Terms in their entirety. If you do not agree with any provision herein, you must immediately cease all use of the Services.

For the purposes of these Terms, the following terms shall have the meanings set out below:

Subscription

The paid plan selected by the Client granting access to the Service for a defined billing period (monthly or annual).

API

Application Programming Interface — the set of protocols allowing the Kaizup platform to communicate with third-party services (social networks, analytics tools, etc.).

Client

Any natural or legal person who creates an account and subscribes to Kaizup's Services, whether for professional or personal use.

Account

The personal space created upon registration, through which the Client accesses and manages the Services.

Client Data / User Content

All content, data, and information uploaded, published, or generated by the Client through the Services, including posts, images, captions, and scheduling configurations.

Documentation

All technical guides, help articles, and user manuals made available by Kaizup to facilitate use of the Services.

Intellectual Property Rights

All patents, trademarks, copyrights, trade secrets, database rights, and any other intellectual property rights, whether registered or unregistered.

Free Trial

A seven (7) day period during which a new Client may access the Services free of charge, subject to the limitations described in Article 4.

Incident

Any unplanned interruption or degradation of the Service that is not the result of scheduled maintenance.

SaaS

Software-as-a-Service — a software delivery model in which the application is hosted by Kaizup and accessed by the Client via the Internet, without local installation.

2.1 Legal Capacity

The Services are intended exclusively for adults aged 18 or over who have full legal capacity to enter into binding contracts. By registering, you represent and warrant that you meet these requirements. If you are registering on behalf of a company or other legal entity, you further warrant that you have the authority to bind that entity to these Terms.

2.2 Accuracy of Data

You must provide accurate, current, and complete information during registration and keep it up to date at all times. This includes your full name, email address, company name, and VAT number (if applicable). Kaizup reserves the right to suspend or permanently close any account found to have been created using fraudulent, incomplete, or misleading information.

2.3 Access Security

Your Account is personal and non-transferable. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You agree to notify Kaizup immediately of any unauthorized use of your Account or any other security breach at info@kaizup.com.

3.1 License to Use

Subject to your compliance with these Terms and payment of applicable fees, Kaizup grants you a non-exclusive, non-transferable, worldwide license to access and use the Service solely for your internal professional or personal needs during the subscription period.

3.2 Service Evolution

Kaizup reserves the right to modify, enhance, add, or remove features of the Service at any time. We will endeavour to provide reasonable advance notice of material changes. Continued use of the Service after such changes constitutes your acceptance of the updated Service.

3.3 Maintenance and Availability

Kaizup targets a Service availability of 99.5% on an annual basis. The following situations are expressly excluded from this availability commitment:

• Scheduled maintenance windows, for which Kaizup will provide at least 24 hours' advance notice;
• Emergency interventions required to address cybersecurity threats or critical vulnerabilities;
• Failures or interruptions attributable to third-party network providers, cloud infrastructure partners, or social media platform APIs;
• Events of force majeure as defined in Article 14.

4.1 Duration and Limitations

New Clients are entitled to a seven (7) day free trial upon account creation. During this trial period, Kaizup may limit access to certain features, restrict data volumes, or cap the number of connected social accounts. The trial is intended to allow the Client to evaluate the Service and is available once per Client.

4.2 Conversion to Paid Subscription

At the end of the seven-day trial period, access to platform features will be restricted unless the Client subscribes to a paid plan. No automatic billing occurs at the end of the trial — the Client must actively select and pay for a Subscription to continue using the Service.

5.1 Pricing

All prices are expressed in Euros (€) and are exclusive of applicable taxes (VAT or equivalent). Clients are solely responsible for the payment of any taxes applicable in their jurisdiction. Current pricing is available on our pricing page and is subject to change with reasonable advance notice.

5.2 Pre-payment Model

Access to the Service is strictly conditioned upon the effective and full payment of the upcoming period before it commences. In the event of payment failure or decline, Kaizup reserves the right to immediately suspend access to the Service until the outstanding amount is settled.

5.3 Billing Cycle and Renewal

Subscriptions are billed on a recurring basis (monthly or annual, depending on the plan selected). Each Subscription automatically renews for an identical period unless the Client terminates it via the account management interface before the renewal date. It is the Client's responsibility to manage and cancel their Subscription in a timely manner.

5.4 Refunds

No refunds will be granted for a subscription period that has already commenced, regardless of the date of the cancellation request within that period. The sole exception applies in cases of proven gross negligence attributable exclusively to Kaizup, as assessed on a case-by-case basis.

Clients agree to use the Service in a fair, lawful, and ethical manner. The following uses are strictly prohibited:

6.1 Prohibited Uses

• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code or underlying algorithms of the Service;
• Scraping, harvesting, or extracting data from the Service using automated systems, bots, or scripts without prior written authorization from Kaizup;
• Attempting to bypass, disable, or circumvent any security feature of the Service, or conducting any denial-of-service attack against the platform or its infrastructure;
• Uploading, publishing, or distributing any illegal content, including content that is pornographic, hateful, defamatory, or that promotes criminal activity.

6.2 Fair Use

If a Client's resource consumption (API calls, storage, processing) exceeds 500% of the average for their plan level, Kaizup reserves the right to throttle or temporarily limit that Client's access after providing prior notification. Kaizup will work in good faith to accommodate legitimate high-volume use cases through appropriate plan upgrades.

7.1 Kaizup Ownership

The Service, including all software, algorithms, interfaces, trademarks, logos, trade names, and all underlying technology, is and remains the exclusive property of Kaizup or its licensors. These Terms grant you no ownership rights in the Service. Any unauthorized reproduction, distribution, or creation of derivative works is strictly prohibited.

7.2 Client Ownership

Clients retain full ownership of all Client Data they upload or create through the Service. By using the Service, you grant Kaizup a worldwide, royalty-free, non-exclusive, and limited technical license solely to the extent necessary to host, back up, process, and display your data in order to provide the Services. Kaizup will not use your Client Data for any other purpose without your explicit consent.

Kaizup is committed to processing all personal data in compliance with Regulation (EU) 2016/679 (GDPR) and applicable Belgian data protection law. Depending on the context, Kaizup acts as:

• Data Processor — with respect to Client Data stored and processed on behalf of the Client within the Service;
• Data Controller — with respect to management data (account information, billing, usage analytics) processed for its own purposes.

8.1 Kaizup's Obligations as Processor

• Process data solely according to the Client's documented instructions;
• Ensure that all personnel with access to Client Data are bound by confidentiality obligations;
• Notify the Client of any personal data breach within 72 hours of becoming aware of it;
• Delete or return all Client Data upon contract termination, at the Client's choice.

8.2 Technical Security Measures

Kaizup implements appropriate technical and organizational measures to protect personal data, including SSL/TLS encryption for data in transit, daily automated backups, and strict role-based access controls. For full details, please refer to our Privacy Policy.

Each party agrees to keep strictly confidential all non-public information disclosed by the other party in the course of their relationship, and not to disclose such information to any third party without the prior written consent of the disclosing party.

This confidentiality obligation survives the termination or expiry of these Terms for a period of three (3) years. It does not apply to information that is or becomes publicly available through no fault of the receiving party, or that the receiving party is required to disclose by applicable law or court order.

10.1 Exclusions

To the fullest extent permitted by applicable law, Kaizup shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, arising out of or in connection with the use of or inability to use the Service, even if Kaizup has been advised of the possibility of such damages.

10.2 Liability Cap

In any event, Kaizup's total aggregate liability to the Client under or in connection with these Terms shall in no case exceed the total amount (excluding VAT) paid by the Client to Kaizup during the six (6) months immediately preceding the event giving rise to the claim.

10.3 AI-Generated Content Responsibility

The Service may include features that assist in generating content through artificial intelligence. The Client acknowledges and agrees that it is solely responsible for reviewing, validating, and approving any AI-generated content before publication. Kaizup disclaims all liability for the consequences of any publication made by the Client, including any breach of third-party rights, regulatory non-compliance, or reputational damage. The Client assumes full legal responsibility for all content published through the Service.

The Client agrees to indemnify, defend, and hold harmless Kaizup and its officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• The Client's breach of any provision of these Terms;
• The Client's violation of any applicable law or regulation;
• The Client's infringement of any third-party intellectual property, privacy, or other rights;
• Any content published by the Client through the Service.

12.1 Term

These Terms enter into force upon account creation and remain in effect for an indefinite period, subject to a minimum term equal to the duration of the active Subscription.

12.2 Termination by the Client

The Client may terminate their Subscription at any time via the account dashboard. Termination takes effect at the end of the current billing cycle. No refund is due for the remaining period of the current cycle.

12.3 Termination for Cause by Kaizup

Kaizup reserves the right to immediately suspend or terminate a Client's Account, without prior notice or liability, in the event of a serious or repeated breach of these Terms, including but not limited to violations of the Acceptable Use Policy or non-payment.

12.4 Data Recovery After Termination

Upon termination of the contract for any reason, the Client has thirty (30) days to export their data in a standard format (CSV or JSON) via the platform's export functionality. After this thirty-day period, Kaizup will permanently and irreversibly delete all Client Data from its systems.

13.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes) shall be governed by and construed in accordance with the laws of Belgium.

13.2 Dispute Resolution

In the event of a dispute, the parties agree to first seek an amicable resolution through good-faith mediation before initiating formal legal proceedings. If mediation fails within thirty (30) days of a written request, the dispute shall be submitted to the exclusive jurisdiction of the Courts of the Judicial District of Brussels.

14.1 Force Majeure

Kaizup shall not be liable for any delay or failure to perform its obligations under these Terms to the extent that such delay or failure results from events beyond its reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, strikes, internet outages, or failures of third-party infrastructure providers.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely reflects the original intent of the parties.

14.3 Entire Agreement

These Terms, together with our Privacy Policy and any applicable order forms or service descriptions, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior agreements, representations, and understandings.

For any questions, requests, or complaints regarding these Terms, please contact us:

Email

info@kaizup.com

Registered Office

Brussels, Belgium