Terms of Service

Distinctful provides software for entrepreneurs building newsletter-run businesses. The platform helps you plan content, organize ideas, connect reader and offer data from the platforms you already use, review performance, and decide what to make next.

The “Service” includes the Distinctful website, application, APIs, integrations, documentation, support channels, and related product surfaces. We continuously improve the Service and may add, change, suspend, or discontinue features as the product and third-party platform requirements evolve. If we discontinue a feature that is material to your paid plan, we will take reasonable steps to notify you in advance.

You must be at least 18 years old, or the age of majority where you live, to create an account. If you use Distinctful on behalf of a business or other organization, you represent that you have authority to bind that organization to these Terms, and “you” refers to that organization.

You are responsible for keeping your account credentials secure, maintaining accurate account information, and all activity that occurs under your account. Notify us promptly at support@distinctful.com if you believe your account or a connected platform token has been compromised.

You own the content, ideas, audience records, offers, drafts, files, and business information you submit to Distinctful (“Customer Content”). These Terms do not transfer any ownership of Customer Content to us.

You grant Distinctful a limited, non-exclusive, worldwide license to host, store, process, transmit, display, and otherwise use Customer Content only as needed to provide, secure, support, and improve the Service, and only for as long as needed for those purposes. This license ends when the Customer Content is deleted from the Service, subject to the retention rules in our Privacy Policy.

You are responsible for the legality, accuracy, permissions, and rights associated with the Customer Content you place in Distinctful. Do not upload content or data you do not have the right to use.

Distinctful lets you connect third-party platforms such as social networks, newsletter tools, analytics providers, commerce providers, and publishing services. When you connect a platform, you authorize Distinctful to access and use that platform's data within the permissions you grant and for the product functions you request. We do not publish to a connected account unless you take an action or configure a workflow that requires it.

Third-party platforms are not controlled by Distinctful. Their APIs, permissions, availability, approval requirements, rate limits, terms, and data quality may change at any time. Distinctful is not responsible for third-party platform outages, rejected API calls, revoked permissions, inaccurate provider data, or provider policy changes, though we work to surface these conditions in the product when we detect them.

You must comply with the terms and policies of any platform you connect. You may disconnect a provider at any time from Distinctful settings, or directly through the provider where supported.

Paid plans, trial periods, renewal terms, feature limits, and pricing are presented at checkout or in the product. Unless stated otherwise at checkout, subscriptions renew automatically at the end of each billing period until canceled. Where a trial is offered, we state its length and what happens when it ends before you start it; if a trial converts to a paid subscription, we will make that clear at signup.

Billing is processed by Stripe or another designated payment processor. You authorize us and our payment processor to charge applicable subscription fees, taxes, and usage-based charges to your selected payment method. Fees are exclusive of taxes unless stated otherwise, and are non-refundable except where required by law or expressly stated in writing by Distinctful.

You can cancel a subscription at any time through the billing portal. Cancellation stops future renewals but does not automatically refund past charges; you keep access to paid features until the end of the current billing period. Downgrading or canceling may reduce feature limits, and content or data above the new plan's limits may become read-only or inaccessible until you upgrade again.

We may change prices or plan packaging. For active subscriptions, price changes take effect at the next renewal, and we will give you advance notice so you can cancel before the change applies.

Use Distinctful in good faith and only for lawful purposes. You may not use the Service to:

• violate law, infringe intellectual property rights, or breach third-party platform terms;
• submit unlawful, deceptive, harmful, abusive, or unauthorized content;
• access, probe, scrape, crawl, or copy systems or data without permission;
• interfere with the security, availability, integrity, or performance of the Service;
• reverse engineer, bypass limits, abuse APIs, or use automated systems except through approved interfaces;
• send spam, malware, phishing content, or other harmful communications;
• misrepresent identity, authority, affiliation, performance claims, or offer terms;
• resell, sublicense, or provide the Service to third parties as your own offering without written permission.

We may investigate suspected violations and take proportionate action, including removing content, limiting features, or suspending accounts.

Distinctful owns the Service, including the product design, software, workflows, systems, site content, brand assets, trademarks, and documentation. Except for the limited right to use the Service under these Terms, nothing here transfers any ownership in Distinctful intellectual property.

You may not copy, frame, resell, sublicense, rebrand, or create a confusingly similar service from Distinctful without written permission. If you send us feedback, ideas, or suggestions, we may use them without restriction or compensation, and without any obligation to you.

We respect intellectual property rights and expect users to do the same. If you believe content on the Service infringes your copyright, send a notice to support@distinctful.com that identifies the copyrighted work, the material you believe is infringing and where it appears, your contact information, a statement that you have a good-faith belief the use is not authorized, and a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner.

We will review complete notices, remove or disable access to infringing material where appropriate, and may terminate the accounts of repeat infringers.

We may offer features labeled beta, preview, early access, or similar. These features are provided for evaluation, may change or be withdrawn at any time, may be subject to additional limits, and are provided “as is” without the commitments that apply to generally available features. Give feedback freely; do not rely on beta features for critical workflows.

Distinctful provides analytics, recommendations, generated summaries, and other decision-support outputs, including AI-assisted features. These outputs depend on the data available to the platform and may be incomplete, delayed, or wrong. They are informational only and are not legal, financial, tax, accounting, or professional advice.

You remain responsible for your business decisions, public claims, publishing choices, offer terms, and compliance obligations. Review AI-generated output before using it publicly or commercially.

You may stop using Distinctful and delete your account at any time. We may suspend or terminate access if you violate these Terms, create risk for other users or infrastructure, fail to pay fees, misuse third-party integrations, or expose Distinctful to legal, security, or operational risk. Where reasonable, we will notify you and give you a chance to resolve the issue before termination.

After termination, your right to use the Service ends. Where the Service supports it and where termination was not for a serious violation, you may export your Customer Content for a reasonable period before deletion. Data retention and deletion are otherwise handled as described in our Privacy Policy, subject to legal, security, billing, backup, and audit requirements.

Sections of these Terms that by their nature should survive termination do survive, including ownership provisions, disclaimers, limitations of liability, and indemnification.

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, Distinctful disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not guarantee uninterrupted availability, error-free operation, specific business outcomes, platform approval, audience growth, revenue, deliverability, publishing success, or the accuracy of third-party data. Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you.

To the maximum extent permitted by law, Distinctful and its owners, employees, contractors, suppliers, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, loss of goodwill, or third-party platform disruption, even if advised of the possibility of such damages.

To the maximum extent permitted by law, Distinctful's total liability for all claims relating to the Service is limited to the greater of 100 USD or the amount you paid Distinctful for the Service during the 12 months before the claim arose. Some jurisdictions do not allow certain liability limitations, so parts of this section may not apply to you.

You will defend, indemnify, and hold harmless Distinctful from claims, damages, losses, liabilities, costs, and expenses arising from your Customer Content, your use of the Service, your connected platforms, your violation of these Terms, your violation of law, or your infringement of another party's rights.

These Terms are governed by the laws of the State of Georgia, without regard to conflict of law rules. Except where prohibited by law, disputes must be brought in the state or federal courts located in Georgia, and you consent to the jurisdiction and venue of those courts.

• Entire agreement. These Terms, together with the Privacy Policy and any plan terms presented at checkout, are the entire agreement between you and Distinctful for the Service.
• Severability. If any provision is found unenforceable, the rest of these Terms remain in effect, and the provision will be enforced to the maximum extent permitted.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations.
• Export and sanctions. You may not use the Service in violation of applicable export control or sanctions laws.
• Notices. We may provide notices through the product, by email to the address on your account, or by posting to this page.

We may update these Terms as Distinctful evolves. If changes are material, we will take reasonable steps to notify you in advance through the product, by email, or by updating this page, and the “Last updated” date above. Continued use of the Service after updated Terms become effective means you accept them. If you do not agree to updated Terms, stop using the Service and cancel your subscription before they take effect.

Contact us at support@distinctful.com for questions about these Terms.