Terms of service
These Terms of Service (the "Terms") are a contract between you and DMGO LLC, a Florida limited liability company based in Miami, Florida, USA ("DMGO", "we", "us"), and govern your use of Fresh2Wow™ at fresh2wow.com and app.fresh2wow.com (the "Service"). By creating an account or using the Service you accept them. If you use the Service for a company, you confirm you have authority to bind it, and "you" means that company.
Plain-language summary, which does not replace the Terms: use Fresh2Wow for your own content, follow the rules of every network you publish to, review what the AI produces before it goes out, and pay for what you use. We keep the Service running, protect your data as described in our Privacy Policy, and never publish anything you did not ask us to.
1. Eligibility and accounts
You must be at least 18 years old. You are responsible for everything that happens under your account and for keeping your sign-in email secure. The owner of a workspace is responsible for the members they invite and for the content those members create or approve. Tell us at support@fresh2wow.com if you suspect unauthorized use.
2. The Service
Fresh2Wow lets you draft social media content with AI assistance, adapt it per network, run it through your team's review, schedule it and publish it to social networks you connect, and see how it performed. Features vary by plan and evolve over time. During any beta or early-access period, features may change or be removed, availability is not guaranteed, and feedback you give us may be used to improve the Service.
3. Third-party platforms
Publishing depends on the APIs of Instagram, Facebook, Threads, TikTok, YouTube, X, LinkedIn and other networks ("Platforms"). By connecting a Platform you authorize us to act on your behalf within the permissions you grant, and you agree to comply with that Platform's terms, community guidelines and developer policies. Platforms may change or restrict their APIs, reject content, rate-limit or revoke access at any time; we are not responsible for those decisions or for content removed or altered by a Platform. Fresh2Wow is not affiliated with, endorsed by or sponsored by any Platform.
4. Your content
You own the text, media and other material you upload or create in the Service ("Content"). You grant DMGO a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit and display your Content solely to operate the Service, including sending it to the AI providers and Platforms you choose. This license ends when you delete the Content or your account, except for copies in backups that rotate on the schedule in the Privacy Policy and content already published to a Platform, which stays governed by that Platform.
You are responsible for your Content. You confirm you have the rights needed to use and publish it, including rights in any media, music, likeness or trademark it contains, and that it does not violate any law or third-party right.
5. AI-generated content
The Service generates text, images and video with third-party AI models. Generated output can be inaccurate, incomplete, biased or similar to output produced for other users, and it is not professional, legal, medical or financial advice. You must review every generation before publishing and you are solely responsible for what you publish. As between you and DMGO, you own the output generated for you to the extent permitted by law; we do not claim rights in it and we do not use your prompts or output to train AI models. You must not present generated content as human-authored where the law or a Platform requires disclosure, and you must not use the Service to generate content that is unlawful or that violates section 6.
6. Acceptable use
You agree not to use the Service to:
- publish content that is illegal, defamatory, fraudulent, deceptive, hateful, harassing, sexually explicit involving minors, or that promotes violence or self-harm;
- impersonate any person or organization, or publish on an account you are not authorized to manage;
- send spam, run engagement schemes, or manipulate Platform metrics, rankings or recommendation systems;
- infringe intellectual property, privacy or publicity rights;
- upload malware, probe or attack the Service, scrape it, or circumvent limits, security or billing;
- resell or provide the Service to third parties except as your plan expressly allows (agency plans may manage client brands);
- violate any Platform's terms or any applicable law, including export control and sanctions law.
We may remove content, suspend publishing or suspend an account that violates these rules, with notice where practical, and we may report unlawful activity to authorities.
7. Plans, credits and payment
- Plans are billed monthly or annually in advance through Stripe. Each plan includes a number of seats, brands, connected accounts and a monthly allocation of AI credits, as shown on the pricing page at the time of purchase.
- Credits are consumed by AI operations at the rates shown in the app before you run them. Plan credits are renewed at each billing cycle and do not roll over. Credit packs never expire while your account is active. When your balance reaches zero, AI features pause until the next cycle or a top-up; you may enable automatic top-up in Billing.
- Trials come with a limited credit grant that expires as stated when granted.
- Taxes: prices exclude VAT, sales tax and similar taxes, which are added where applicable.
- Refunds: fees are non-refundable except where the law requires otherwise or where we say so in writing. You may cancel at any time; the plan stays active until the end of the paid period and does not renew. Credits already consumed are not refundable.
- Price changes: we may change prices with at least 30 days' notice; changes apply from your next renewal after the notice.
- Non-payment: if a payment fails we will retry and send you up to four reminders, the last one the day before suspension; 7 days after the first failure we may suspend the workspace until the balance is settled.
- Discounts and affiliate offers apply only as described when offered and cannot be combined unless stated.
8. Suspension and termination
You can delete your account or any workspace at any time from Settings. We may suspend or terminate access if you materially breach these Terms, if required by law or a Platform, if your account is used to harm the Service or others, or, on accounts without a subscription, after 6 months without activity (with warnings at day 150 and day 173; content is deleted 30 days after suspension if you do not return). We will give notice where the law or the circumstances allow. On termination your right to use the Service ends, and sections 4, 5, 9 to 13 survive.
9. Intellectual property and feedback
The Service, including its software, design, brand, prompts and templates, belongs to DMGO and its licensors and is protected by intellectual property law. Fresh2Wow™ and the frog logo are trademarks of DMGO LLC (application filed with the USPTO); you may not use them without our written permission. You receive a limited, revocable, non-transferable right to use it under these Terms. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free right to use them without obligation to you.
10. Disclaimers
The Service is provided "as is" and "as available". To the fullest extent permitted by law, DMGO disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, that posts will publish at the exact scheduled time, that Platforms will accept them, or that AI output will be accurate or fit for any purpose.
11. Limitation of liability
To the fullest extent permitted by law, DMGO and its members, officers, employees and providers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data, goodwill or Platform accounts, arising out of or related to the Service or these Terms, even if advised of the possibility. Our total liability for all claims in any 12-month period is limited to the amounts you paid us for the Service in that period. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
12. Indemnification
You will defend and indemnify DMGO against claims, damages and expenses, including reasonable legal fees, arising from your Content, your use of the Service, your violation of these Terms or of any Platform's terms, or your violation of any law or third-party right.
13. Governing law and disputes
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict of law rules. Before starting any formal proceeding, you agree to contact us at support@fresh2wow.com and try in good faith to resolve the dispute informally for 30 days.
Arbitration. Any dispute that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its rules then in effect, seated in Miami-Dade County, Florida; hearings may be held by video. The arbitrator's award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive relief in court to protect intellectual property or prevent unauthorized use of the Service.
Class-action waiver. Disputes will be resolved only on an individual basis; you and DMGO waive any right to bring or participate in a class, collective or representative action. If this waiver is found unenforceable for a particular claim, that claim will proceed in the state or federal courts located in Miami-Dade County, Florida, and you consent to their jurisdiction.
Opt-out. You may opt out of arbitration by emailing support@fresh2wow.com within 30 days of first accepting these Terms, stating your account email and that you opt out of arbitration.
14. Changes to these Terms
We may update these Terms. For material changes we will notify you in the app or by email at least 15 days before they take effect. Continued use after the effective date means you accept the updated Terms; if you do not agree, cancel before that date.
15. General
These Terms, the Privacy Policy and any plan-specific terms are the entire agreement between you and DMGO about the Service. If a provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them to a successor of the business. Our failure to enforce a provision is not a waiver. Notices to you go to your account email; notices to us go to support@fresh2wow.com.
16. Contact
DMGO LLC · Miami, Florida, USA · support@fresh2wow.com.