Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using DreamCreator, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.

If you use the Service on behalf of a business or other entity, you represent that you have authority to bind that entity to these Terms. References to "you" include both you individually and any entity you represent. If you do not agree to these Terms, you must not use the Service.

2. Description of Service

DreamCreator is a content production platform that helps businesses and marketing agencies plan, create, schedule, publish, and analyze social media content. The Service includes, but is not limited to:

• Content Scheduling and Publishing: Schedule and auto-publish posts to Instagram, Facebook, TikTok, YouTube, LinkedIn, and Google Business Profile.
• AI Caption and Copy Generation: Generate captions, hashtags, and copy drafts using Sally, our AI writing assistant (powered by Anthropic Claude).
• Video Editing Tools: Edit, trim, caption, and render short-form and long-form video content directly in the platform.
• Analytics and Reporting: Track performance across connected social accounts with unified dashboards, engagement metrics, and custom reports.
• Agency Workspaces: Create and manage separate workspaces for multiple clients from a single agency account. Invite client users with role-based permissions.
• Social Inbox: View, respond to, and manage comments, messages, and mentions across connected social accounts in a unified inbox.
• Content Calendar: Visualize scheduled and published content across all channels on a shared calendar.
• Brand Asset Library: Store logos, brand colors, fonts, and approved media for consistent content production.

Features and capabilities vary by subscription tier. We may modify, add, or remove features at any time with reasonable notice to customers.

3. Account Registration and Security

• You must provide accurate, current, and complete information during registration and keep that information up to date.
• You must be at least 18 years old to create an account and use the Service.
• Each account is associated with one workspace. The individual who creates the workspace is the workspace owner and has full administrative control.
• Agency accounts may create and manage additional client workspaces as permitted by their subscription tier.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• Notify us immediately at jaiden@whywedream.com if you suspect unauthorized access to your account.
• We reserve the right to refuse registration or suspend accounts that violate these Terms.

4. Subscription Plans and Billing

4.1 Plan Tiers

DreamCreator is offered on the following subscription tiers:

4.2 Recurring Billing and Auto-Renewal

• Paid subscriptions are billed in advance on a monthly or annual cycle and automatically renew at the end of each period unless you cancel before the renewal date.
• All fees are charged in United States Dollars (USD) and processed securely through Stripe.
• You authorize us to charge your payment method on file at the start of each billing period.
• All fees are exclusive of applicable taxes. You are responsible for any sales tax, VAT, or similar charges that apply to your subscription.

4.3 Free Trial

• New accounts may be eligible for a free trial period. No credit card is required to start a trial unless otherwise specified at sign-up.
• At the end of the trial, your account will downgrade to the Free tier or require a paid subscription to retain full access, depending on the features you used.
• We reserve the right to modify or discontinue the free trial offer at any time. Changes will not affect active trials.

4.4 Plan Changes

• Upgrades take effect immediately. You will be charged a prorated amount for the remainder of your current billing period at the new plan rate.
• Downgrades take effect at the start of your next billing period. You retain access to higher-tier features until then.

4.5 Refunds

• New paid subscribers may request a full refund within 30 days of their first payment by contacting jaiden@whywedream.com.
• Outside the 30-day window, fees are non-refundable except as required by applicable law.
• If a payment fails, we will attempt to retry for up to 7 days and notify you by email. If the payment remains unresolved, your account may be restricted until the balance is settled.

5. Acceptable Use

You agree to use DreamCreator only for lawful purposes. You agree not to:

• Post, schedule, or publish spam, unsolicited bulk messages, or any content that violates platform rules or applicable law.
• Violate the terms of service of any connected social platform (Instagram, Facebook, TikTok, YouTube, LinkedIn, Google Business Profile, or any other platform you connect to your account).
• Upload, store, or publish content that is illegal, defamatory, obscene, threatening, harassing, or that infringes on any third-party intellectual property or privacy rights.
• Impersonate any person, business, brand, or entity in connection with content published through the Service.
• Scrape, data mine, or use automated means to extract data from the Service beyond what is available through authorized APIs and export features.
• Attempt to gain unauthorized access to other users' accounts, our systems, or any connected social accounts you do not own or have permission to manage.
• Upload or transmit malware, viruses, or other malicious code.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Resell or sublicense the Service without our prior written consent.
• Use the Service to conduct or promote fraudulent, deceptive, or misleading activity.

We may suspend or terminate accounts that violate this policy, with or without notice, depending on the severity of the violation.

6. User Content Ownership

• You own your content.All posts, images, videos, captions, copy, and other material you upload or create in DreamCreator ("User Content") remain yours. We do not claim ownership of your User Content.
• License to us: To operate the Service, you grant Why We Dream LLC a limited, non-exclusive, worldwide, royalty-free license to process, store, transmit, and display your User Content solely as necessary to provide the Service to you. This license ends when you delete the content or close your account.
• Your responsibility: You represent and warrant that you own or have the necessary rights, licenses, and permissions to upload and publish your User Content, and that doing so does not violate any third-party rights.
• Aggregated data: We may use anonymized, aggregated usage statistics derived from your use of the Service (not your actual content or personal data) for product improvement and benchmarking.
• Data portability: You may export your User Content and account data at any time through the Settings page. We will not withhold your data.

7. Third-Party Platforms

DreamCreator connects to third-party social platforms (including Instagram, Facebook, TikTok, YouTube, LinkedIn, and Google Business Profile) via OAuth integrations. By connecting a platform account, you agree to the following:

• You must comply with the terms of service, community guidelines, and content policies of each platform you connect. DreamCreator does not override or supersede those terms.
• Each platform has its own rules about what content is allowed, posting frequency, API usage, and automated publishing. You are solely responsible for ensuring your use of DreamCreator complies with those rules.
• We are not responsible for any action taken by a third-party platform, including but not limited to account suspension, content removal, shadowbanning, API access revocation, or changes to platform policies that affect the Service.
• Platform API availability may change at any time. We will make commercially reasonable efforts to maintain integrations, but we cannot guarantee uninterrupted access to any specific platform.
• When you connect a platform account, you authorize DreamCreator to act on your behalf to schedule and publish content as you direct. You may revoke this authorization at any time through the platform or through the Service.

Relevant third-party terms include: Instagram and Facebook (Meta Platform Terms), TikTok (TikTok Developer Terms of Service), YouTube (YouTube API Services Terms of Service), LinkedIn (LinkedIn API Terms of Use), and Google Business Profile (Google APIs Terms of Service).

8. AI-Generated Content

• DreamCreator includes Sally, an AI writing assistant powered by Anthropic Claude. Sally can generate captions, hashtags, post ideas, and other copy to assist your content production.
• You are responsible for reviewing AI-generated content before publishing. AI outputs may contain errors, inaccuracies, omissions, or content that does not reflect your brand voice. Always review and edit before scheduling or posting.
• We make no warranty that AI-generated content is accurate, complete, appropriate, or free from bias. The Service is not a substitute for professional judgment.
• Your inputs to Sally (prompts, brand context, etc.) may be transmitted to Anthropic to generate responses. This data is not used to train Anthropic's models, pursuant to our data processing agreement. See our Privacy Policy for details.
• AI features may be subject to usage limits based on your plan tier. We refer to these limits as "AI credits."
• We are not liable for any consequences arising from AI-generated content, including platform policy violations, reputational harm, or publishing errors. You bear full responsibility for any content you publish through the Service.

9. Intellectual Property

The Service, including its design, user interface, source code, trademarks, logos (including "DreamCreator," "Why We Dream," "Sally," and related marks), and all original content we produce, is and remains the exclusive property of Why We Dream LLC and its licensors. The Service is protected by copyright, trademark, trade secret, and other applicable intellectual property laws.

Nothing in these Terms grants you any right to use our trademarks, logos, or brand features without our prior written consent. Your User Content remains yours, as described in Section 6.

10. Termination

• By you: You may cancel your subscription at any time from the Settings page. Cancellation takes effect at the end of your current billing period. You retain full access until then.
• By us: We may suspend or terminate your account immediately, with or without notice, if you violate these Terms or the Acceptable Use policy; if your account poses a security risk; if we are required to do so by law; or if your account has been inactive for more than 12 months.
• Post-termination data export: After cancellation or termination, your User Content and account data will remain available for export for 30 days. After that window closes, your data will be permanently deleted from our systems, except where retention is required by law.
• Survival: Sections 6, 9, 11, 12, 13, and 14 survive termination of these Terms.

11. Disclaimers

We use commercially reasonable efforts to maintain high availability but do not offer a formal uptime SLA unless separately negotiated under an Enterprise agreement. We may perform scheduled maintenance with reasonable advance notice, prioritizing off-peak hours where possible.

12. Limitation of Liability

Our total aggregate liability for all claims arising out of or related to these Terms or the Service shall not exceed the greater of: (a) the total amount you paid to us in the twelve (12) months immediately before the event giving rise to the claim, or (b) one hundred United States Dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the fullest extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Why We Dream LLC and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or the terms of any third-party social platform; (d) your User Content or any content you publish through the Service; or (e) your infringement of any third-party rights.

14. Governing Law and Disputes

• These Terms are governed by the laws of the State of Utah, United States, without regard to conflict-of-law provisions.
• Informal resolution first: Before filing any formal legal action, you agree to contact us at jaiden@whywedream.com and give us 30 days to attempt an informal resolution.
• Binding arbitration:If informal resolution fails, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration will be conducted in Utah County, Utah. The arbitrator's decision is final and binding.
• Class action waiver: All dispute resolution proceedings must be conducted on an individual basis. You waive any right to participate in a class, consolidated, or representative action.
• Exceptions: Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent threatened infringement of intellectual property rights.

15. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email at the address on your account and by a notice in the DreamCreator dashboard at least 14 days before the changes take effect. The "Last updated" date at the top of this page will reflect the most recent revision. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription before they take effect.

16. Contact

If you have questions about these Terms or need to report a violation, please reach out: