Terms of Service

These Terms of Service (“Terms”) form a binding agreement between you (“Customer,” “you,” or “your”) and Mimoup (“Mimoup,” “we,” “us,” or “our”) governing access to and use of mimoup.com, our dashboards, APIs, embeds, extensions, and related products (the “Services”).

By creating an account, clicking to accept, or using the Services, you agree to these Terms, our Privacy Policy, and our Refund Policy. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.

If you do not agree, do not use the Services.

• You must be at least 18 years old (or the age of majority in your jurisdiction).
• You must provide accurate registration information and keep it updated.
• You are responsible for all activity under your account and for maintaining the confidentiality of passwords, API keys, agent secrets, and OAuth connections.
• Workspace owners/admins are responsible for invitations, roles, and permissions granted to members.
• We may suspend or terminate accounts that are inaccurate, abusive, or pose a security risk.

Mimoup provides software tools that may include, without limitation:

• Marketing OS — AI marketing, contacts, segments, campaigns, journeys, sales funnels, scoring, analytics, and related messaging tools;
• Social Hub — channel connections, social inbox, compose, and scheduling;
• Website Builder — themes, visual editing, hosting, domains, forms, and commerce features;
• Server-Side Tracking — first-party event collection, conversion API gateways (Meta, TikTok, GA4, and more), transforms, routing, and monitoring;
• AI Agents — agent builder, knowledge bases, embeddable chat, and API access subject to plan limits;
• Lead Collector — licensing and tools related to the browser extension and lead workflows;
• Billing & administration — plans, invoices, and agency management.

Features, limits, and availability may vary by plan and may change as we improve the platform. Beta or trial features may be incomplete and are provided as-is.

Paid plans are described on our pricing pages and in-product billing screens. Fees may be billed monthly, yearly, or as a one-time/lifetime purchase depending on the product.

• Prices are generally listed in USD unless otherwise stated and may exclude applicable taxes.
• Payment is processed by third-party providers (including Stripe, PayPal, and/or Paddle). Their terms apply to checkout.
• Subscriptions renew automatically until canceled, unless a plan is marked one-time or lifetime.
• Usage-limited products (e.g., AI message quotas, email volume, tracking requests) may throttle, queue, or require upgrades when limits are reached.
• We may change prices prospectively with notice. Continued use after the change’s effective date constitutes acceptance where allowed by law.

Refunds are governed by our Refund Policy.

“Customer Content” means data, text, images, lists, messages, site documents, tracking payloads, knowledge bases, prompts, and other materials you or your end users submit to the Services.

You retain ownership of Customer Content. You grant Mimoup a worldwide, non-exclusive license to host, process, transmit, display, and create derivative technical transformations of Customer Content solely to provide and secure the Services, including backups and abuse prevention.

You represent and warrant that you have all rights and consents needed to provide Customer Content and to use the Services in connection with it, including marketing and messaging permissions for recipients.

You agree not to:

• Violate any law, regulation, or third-party right;
• Send spam, phishing, malware, or unsolicited bulk messages; fail to honor unsubscribe or opt-out requests;
• Use messaging or social integrations in breach of Meta, Telegram, TikTok, or other platform policies;
• Upload unlawful, harmful, defamatory, or infringing content; or use AI Agents to generate such content;
• Attempt to probe, scan, or breach security; reverse engineer non-open portions of the Services except where mandatory law allows;
• Resell, sublicense, or provide the Services to third parties as a competing standalone service except as expressly permitted (e.g., agency use for clients under your account);
• Circumvent plan limits, usage metering, or access controls; share secrets publicly;
• Scrape or collect personal data via Lead Collector or other tools in violation of website terms, robots rules, or applicable law (including GDPR/CCPA where relevant).

We may investigate violations and suspend or terminate access, remove content, or report activity to authorities when appropriate.

You are solely responsible for compliance with anti-spam and electronic marketing laws (including CAN-SPAM, CASL, GDPR/ePrivacy, and similar rules) and with carrier/platform requirements. You must maintain accurate sender identity, provide a working unsubscribe mechanism for commercial email where required, and only message consented or otherwise lawfully obtained contacts.

Mimoup may enforce technical and policy controls (rate limits, blocklists, domain verification requirements) to protect deliverability and platform reputation.

• AI outputs may be inaccurate, incomplete, or inappropriate. You must review outputs before relying on them for business-critical or regulated decisions.
• Model providers (e.g., OpenAI) process prompts and relevant context to generate replies. If you use bring-your-own keys, their terms and billing also apply to you.
• Plan limits on messages, agents, knowledge size, models, API access, and branding are enforced. Exceeding limits may result in errors until you upgrade or wait for reset.
• You are responsible for the content of knowledge bases and for disclosures to website visitors interacting with your embedded agents.
• Public keys and embed snippets are designed for client-side use; keep secret keys server-side only.

You are responsible for privacy notices, consents, and configurations on properties where you deploy Mimoup tracking, sites, widgets, or pixels. You must configure destinations and data flows lawfully.

Custom domains, DNS, SSL, and third-party platform outages may affect availability outside Mimoup’s reasonable control.

The Services, including software, UI, branding, documentation, and underlying technology, are owned by Mimoup and its licensors. Except for the limited rights expressly granted to use the Services under your plan, no rights are transferred to you.

Feedback you provide may be used by Mimoup without obligation or compensation.

Each party may receive non-public information from the other. The receiving party will use reasonable care to protect such information and use it only for purposes of the relationship, except for information that is public, independently developed, or required to be disclosed by law (with notice where legally permitted).

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIMOUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT EMAIL/MESSAGING DELIVERABILITY, AI OUTPUTS, TRACKING MATCH RATES, OR LEAD DATA WILL MEET YOUR EXPECTATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIMOUP AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES IN ANY TWELVE-MONTH PERIOD WILL NOT EXCEED THE AMOUNTS YOU PAID TO MIMOUP FOR THE APPLICABLE SERVICE DURING THAT PERIOD (OR USD $100 IF YOU HAVE NOT PAID FEES). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED.

You will defend and indemnify Mimoup against claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) Customer Content; (b) your use of the Services in violation of these Terms or law; (c) your websites, campaigns, messaging, tracking, AI agents, or lead-collection practices; or (d) disputes between you and your end users, recipients, or platforms.

You may stop using the Services at any time and cancel subscriptions as described in-product or via support. We may suspend or terminate access for material breach, non-payment, legal risk, or harm to the platform or others. Upon termination, your right to access the Services ceases. Provisions that by nature should survive (including IP, disclaimers, limitations, indemnity) will survive.

We may delete Customer Content after termination following our retention practices, so export data you need beforehand where export tools are available.

We may modify the Services and these Terms. For material Term changes, we will update the effective date and may provide notice via email or in-product messaging. Continued use after changes become effective constitutes acceptance where permitted. If you do not agree, you must stop using the Services and cancel applicable subscriptions.

These Terms are governed by the laws applicable in the jurisdiction where Mimoup principally operates its platform business, without regard to conflict-of-law rules, except where mandatory consumer protections in your country apply.

Before filing a claim, you agree to attempt to resolve disputes informally by contacting legal@mimoup.com. Courts or arbitration forums with competent jurisdiction over Mimoup may hear unresolved disputes, subject to applicable law. Either party may seek injunctive relief for IP or unauthorized access.

• These Terms are the entire agreement regarding the Services and supersede prior proposals on the same subject.
• If any provision is unenforceable, the remainder remains in effect.
• Failure to enforce a provision is not a waiver.
• You may not assign these Terms without our consent; we may assign to an affiliate or successor.
• Notices may be sent to your account email or posted in the Services.

Mimoup
Web: mimoup.com
Support: support@mimoup.com
Legal: legal@mimoup.com