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CreativeMITE · Social Media Tool
The terms for the application we use to publish to and report on the Facebook, Instagram and LinkedIn accounts we look after.
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These terms cover the CreativeMITE social media management tool, the application CreativeMITE uses to publish to and report on Facebook Pages, Instagram accounts and LinkedIn pages on behalf of the brands we look after. They do not cover creativemite.com, which carries terms of its own.
By signing in to the tool you accept these terms. If you do not accept them, do not sign in. The companion document is the Social Media Tool Privacy Policy, which sets out what the tool holds, who sees it and how to have it deleted. The two are written to be read together: wherever these terms touch on what happens to data, the privacy policy is the fuller account and it governs.
Throughout, “we” and “us” mean CreativeMITE. “You” means the person signing in. A “brand” means a client account inside the tool, with its own connected social accounts, its own content and its own members.
You cannot sign up for the tool. An account exists because CreativeMITE created one for a team member, or because somebody who manages a brand invited you to it. There is no purchase, no subscription and no self-service registration.
Access is granted per brand, and inside each brand it is set by capability: whether you can view content, create it, approve it, read reports, reply in the inbox or manage the brand itself is decided by the person who added you. You see only the brands you have been added to.
Anyone holding the Manage Brand capability on a brand can invite and remove people under Brand Members, and can change what each of them is allowed to do. Removing somebody ends their access to that brand's data immediately. It does not delete their user account, and it does not delete the drafts, posts, plans or notes they created in the brand.
Keep your password to yourself. Do not share a sign-in with a colleague, a contractor or a client: anybody who needs access should be invited under Brand Members with the capabilities they need, so that what they do is recorded as theirs. Everything done under your sign-in is treated as done by you.
Sign-in attempts and password reset requests are rate limited, and repeated failures lock the account. That is deliberate, and it will apply to you as readily as to anyone trying to guess your password. If you think somebody else has used your account, or that your password has been exposed, tell us at once at hello@creativemite.com and change it.
Nothing is connected behind anyone's back. A Facebook Page, Instagram account, LinkedIn page or Meta ad account reaches the tool only when somebody who administers it signs in to that platform and grants access, and that grant can be withdrawn again at any time, on the platform or in the tool.
Do not connect an account you are not entitled to connect. By connecting one you are telling us that you administer it, or that the person who does has asked you to, and that the brand is entitled to have that account published to and reported on. If that stops being true, disconnect the account.
Content means everything put into the tool for a brand: post text and captions, images, video, drafts, comments on drafts, grid plans, internal notes and the replies sent from the inbox. The brand keeps ownership of all of it. We claim nothing in it.
What we need is the licence to run the service, and that is the whole of what we take. By putting content into the tool you grant us a non-exclusive, royalty-free licence to store it, format or re-encode it where a platform's specifications require that, schedule it, publish it to the accounts the brand has connected, and report on it afterwards, all on that brand's behalf. The licence exists for those purposes and no other. We do not use a brand's content to promote CreativeMITE or this tool.
Content can be edited or removed in the tool, but copies may remain in reporting history and in the record of what was published, and a post that has already gone out to a platform is beyond our reach. The section on what happens when access ends sets out the rest.
Before content goes into the tool, somebody has to be entitled to publish it. That covers the photography, the video, the music on it, the fonts, the logos and trademarks, and the likeness of every person appearing in it. It applies just as much to material a client supplied: being sent a photograph is not the same as being licensed to publish it, and where you are not certain the brand holds that right, settle it before the post is scheduled.
You are responsible for having those rights, and for any permission or release the content needs. Do not upload content that infringes somebody else's rights, that breaks the law, or that a connected platform would not allow.
Anything published through the tool is also governed by the rules of the platform it goes to: Meta's terms and community standards for Facebook and Instagram, LinkedIn's for LinkedIn pages, and Meta's advertising policies for connected ad accounts. Those rules sit on top of these terms, and where they are stricter, they are what applies.
A platform can reject a post, remove one it has already accepted, restrict or disable an account, or revoke the access token a connection depends on, and it can do any of that without explaining itself to us. We cannot overrule it. Once a post has been published to a platform it lives there under that platform's rules.
You may not, and may not permit anybody else to:
If we reasonably suspect that an account on the tool has been used for an illegal purpose, you authorise us to share what we hold about that account and its activity with law enforcement.
We do not monitor what goes into the tool, and nothing here obliges us to. But we may remove content, cancel a scheduled post, disconnect an account or suspend a sign-in where the content breaks these terms or a platform's rules, where the tool has been used in a way these terms forbid, or where we reasonably suspect an account has been compromised or misused. Where it is practical and appropriate we tell the brand first, and where it is not, we tell them afterwards.
We grant you a limited, non-exclusive, revocable, non-transferable and non-sublicensable licence to use the tool for the brands you have been given access to, for as long as that access lasts, and on the terms set out here. We update the tool from time to time, and the version running is the version you use.
We reserve every right not expressly granted to you here. The tool, its source code, its design, its name and our trademarks are ours, and nothing in these terms gives you any right in them.
Intellectual property here means what it usually means: copyright, patents, trademarks and trade dress, trade secrets, moral rights, rights of publicity, goodwill, and the applications, registrations and renewals of any of those, under the law of any province, country or territory.
Tell us what would make the tool better. We would like to hear it. But when you send us a comment, a suggestion or a feature idea, you are giving it to us without conditions: it puts us under no obligation of confidence and no obligation to pay you, and we are free to build it, describe it or set it aside.
One thing is worth saying in plain words before the capitals, because it is the part that touches daily work. A scheduled post is not a guarantee. It depends on a third-party platform accepting it at the moment it falls due, and a platform outage, a policy rejection, a revoked or expired access token or a change in a platform's rules can all make a scheduled post fail. The same holds for the figures we read back: if a platform stops serving a metric, our reports stop showing it. Check that anything time-critical actually went out.
THE TOOL IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. CREATIVEMITE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE TOOL WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR FREE OF ERROR; THAT A POST SCHEDULED THROUGH IT WILL BE PUBLISHED, OR PUBLISHED ON TIME; THAT A CONNECTED PLATFORM WILL ACCEPT A POST OR KEEP IT UP; OR THAT THE FIGURES A PLATFORM REPORTS TO US ARE ACCURATE OR COMPLETE.
In plain words: we are not liable for indirect losses, or for losses that were not reasonably foreseeable, and there is a ceiling on what we can be liable for in total. The capitals below are the legal statement of that.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CREATIVEMITE WILL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST GOODWILL, LOST DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE TOOL. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF CREATIVEMITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE TOOL DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) $500.
Nothing in these terms limits a liability that cannot be limited under applicable law.
You will indemnify, defend and hold harmless CreativeMITE, together with our employees, directors, agents, affiliates and representatives, from any claim, cost, loss, damage, judgment, penalty, interest or expense, including reasonable legal fees, arising out of a claim, action, audit, investigation, inquiry or other proceeding brought by anyone else that arises out of or relates to:
Access ends when a brand removes you under Brand Members, when we close your account, or when the brand itself is deleted. It takes effect immediately, and the brand's data goes out of reach the moment it does.
What then happens to the data is set out in the privacy policy, and we will not restate it differently here. In short: disconnecting an account or deleting a brand marks the records as deleted and stops the tool using or collecting for them, but it does not erase them, and there is no automatic purge. To have records actually erased, write to hello@creativemite.com. We acknowledge every deletion request within 5 business days and complete it within 30 days.
Deleting our copy removes nothing from Facebook, Instagram or LinkedIn. Posts already published stay where they are, under the rules of the platform they were published to.
The tool changes, and these terms change with it. When we revise them we post the revised version on this page and update the date at the top, and material changes are posted here before they take effect. Using the tool after that date means you accept the revised version. If you do not accept it, stop using the tool and ask the brand that gave you access to remove you.
These terms are governed by the laws of the Province of Alberta and by the federal laws of Canada that apply in it, and the courts of Alberta have jurisdiction over any dispute arising out of them. That is the same footing the privacy policy stands on, which is written to Canada's Personal Information Protection and Electronic Documents Act together with Alberta's Personal Information Protection Act. The tool is operated from Canada and is intended for use here. If you use it from anywhere else, complying with the law where you are is your responsibility.
Questions about these terms, and every request described in them, come to one mailbox.
CreativeMITE, 3003 43 Ave #115, Stony Plain, AB T7Z 0H4, Canada · hello@creativemite.com · 780.963.9292