Terms of Service
Last updated: 1 August 2026 Operator: Envestis SA, Via Pretorio 13A, 6900 Lugano, Switzerland — info@envestis.ch
1. Introduction and Acceptance
1.1. These Terms of Service (“Terms”) govern your access to and use of the ciaopost application, website, and related services (together, the “Service”), operated by Envestis SA, a company incorporated in Switzerland, with registered office at Via Pretorio 13A, 6900 Lugano (“ciaopost”, “we”, “us”, “our”).
1.2. By creating an account, accessing, or using the Service, you (“you”, the “Business”, the “User”) agree to be bound by these Terms. If you do not agree, do not use the Service.
1.3. If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity.
1.4. You must be at least 18 years old and legally capable of entering into a binding contract to use the Service.
2. Definitions
- “Business” / “User” — the merchant, company, or professional who subscribes to and operates a ciaopost account.
- “Team Member” — an additional person the Business invites to capture content on its behalf, within the limits of the Business’s plan.
- “End Customer” — a customer of the Business who records or provides a testimonial (video, voice, photo, or text) through the Service.
- “Testimonial Content” — content created by or featuring an End Customer, captured through the Service with the End Customer’s consent.
- “Business Content” — content the Business creates itself (e.g. its own videos, photos, text posts, listing-based posts), which does not feature an End Customer and does not require End Customer consent.
- “User Content” — Testimonial Content and Business Content together.
- “Connected Accounts” — the third-party social media accounts (e.g. Facebook, Instagram, TikTok, X, Pinterest, YouTube, LinkedIn) the Business connects to the Service for publishing.
- “Consent Record” — the record captured through the Service documenting an End Customer’s authorisation, including name, relevant identifiers, and signature.
3. The Service
3.1. ciaopost is a tool that enables a Business to (a) collect testimonials from its End Customers in video, voice, photo, or text form; (b) enrich that content with AI-generated captions, hashtags, and subtitles; and (c) publish it to the Business’s own Connected Accounts.
3.2. ciaopost is not a hosting platform, publisher, editor, or certifier of content. All content is published to the Business’s own social media accounts. ciaopost provides production and distribution functionality only.
3.3. AI enrichment. The Service uses artificial intelligence to generate captions, hashtags, and to transcribe speech into subtitles. AI-generated text (captions, hashtags) is content authored by the Service on the Business’s behalf. The subtitle text reproduces the End Customer’s own words verbatim; the Service does not rewrite, embellish, or alter what a person said. The Business is responsible for reviewing all content before publication.
3.4. No guarantee of results. The Service does not guarantee any level of social media reach, engagement, followers, sales, or business outcome. Any figures shown in marketing materials are illustrative.
3.5. The Service is provided on a subscription basis with daily posting limits, optional extra-post packs, and an optional social-account setup service, as described at the point of sale and subject to change per Section 8.
4. Accounts, Team Members, and Security
4.1. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
4.2. You may invite Team Members up to the limit of your plan. You are fully responsible for the actions of your Team Members, including any content they capture, publish, or cause to be published through your account.
4.3. You must ensure that every Team Member complies with these Terms, and in particular with the consent obligations in Section 6.
4.4. You must notify us promptly of any unauthorised use of your account.
4.5. We may suspend or terminate accounts that violate these Terms, per Section 11.
5. Responsibility for Content — The Core Boundary
5.1. The Business is solely responsible for all User Content it captures, creates, or publishes through the Service, including its truthfulness, accuracy, legality, and the rights necessary to publish it.
5.2. ciaopost does not verify, and cannot verify, whether any testimonial is genuine, accurate, or truthful. The truthfulness of any content is the sole responsibility of the Business that produces it. ciaopost is a production and distribution tool, not an editor or certifier of content.
5.3. You represent and warrant that, for all User Content you publish through the Service: (a) you have all rights, licences, and consents necessary; (b) it does not infringe any third party’s intellectual property, privacy, publicity, or other rights; (c) it is not false, misleading, defamatory, obscene, hateful, harassing, or otherwise unlawful; (d) it complies with the terms and policies of the relevant Connected Accounts and social media platforms; (e) it complies with all applicable advertising, consumer-protection, and unfair-competition laws (including rules on disclosing incentivised or sponsored content).
5.4. Incentivised testimonials. Where the Business offers an End Customer any discount or benefit in exchange for a testimonial, the Business is solely responsible for any disclosure required by applicable law (e.g. marketing and consumer-protection rules). ciaopost provides the mechanism, not legal compliance for its use.
6. End Customer Consent — Testimonial Content
6.1. Testimonial Content features a real, identifiable person (the End Customer). Before any Testimonial Content is published, the Business must obtain the End Customer’s consent through the consent mechanism provided by the Service, which captures the End Customer’s name, relevant identifiers, and signature (the “Consent Record”).
6.2. The Business is the party responsible for obtaining valid consent. ciaopost provides the tool to record consent; it does not obtain consent on the Business’s behalf and does not warrant that any given consent is legally sufficient for the Business’s purposes or jurisdiction.
6.3. The Business must not publish Testimonial Content of any person who has not given consent through the Service, and must not use the Service to capture content from minors or from any person unable to give valid consent.
6.4. Withdrawal of consent. If an End Customer withdraws consent, the Business must promptly cease using the relevant Testimonial Content and remove it where it is able to. The Business is responsible for handling End Customer requests regarding their content and personal data (see Section 9).
6.5. The consent captured through the Service covers the use of the End Customer’s voice, image, and/or the content they provide, for publication on the Business’s social media channels.
7. Business Content and AI
7.1. Business Content (the Business’s own posts, including posts built from a listing link) does not feature an End Customer and does not require End Customer consent. The Business remains fully responsible for it under Section 5.
7.2. Where the Business creates a post from a third-party listing link, the Business represents that it has the right to use the underlying listing, images, and information.
7.3. AI-generated captions and hashtags are provided as a convenience. The Business must review them before publication and is responsible for their content. ciaopost does not warrant that AI-generated text is accurate, appropriate, or free of error, and is not liable for it once the Business has reviewed and published.
8. Subscriptions, Payment, Trials, and Cancellation
8.1. Plans. The Service is offered under subscription plans with different daily posting limits and team-member allowances, as described at the point of sale.
8.2. Free trial. New Businesses may be offered a free trial of 7 days. We reserve the right to limit the trial to one per Business, and to use fraud-prevention measures to detect repeated trial sign-ups.
8.3. Billing. Subscriptions are billed in advance on a recurring monthly or annual basis through our payment processor Stripe. By subscribing, you authorise recurring charges until you cancel.
8.4. Extra packs. Optional extra-post packs may be purchased. Extra packs have a 30-day expiry and are consumed after the daily allowance.
8.5. Social-account setup service. Where the Business lacks a required social account, ciaopost may create it manually as a separate, optional service, subject to separate terms and fees. This is not part of the subscription.
8.6. Price changes. We may change prices and plan features on prospective notice. Changes take effect at the next renewal.
8.7. Cancellation. You may cancel at any time. Cancellation takes effect at the end of the current billing period; the Service remains available until then. No pro-rata refunds are provided except where required by law.
8.8. Failed payment. On a failed renewal, we provide a grace period of 48 to 72 hours before the account is suspended. We do not delete data on non-payment; data is retained per Section 9 and the Privacy Policy.
8.9. Chargebacks. If a payment is charged back or disputed, we may suspend the account and revoke any unused post credits. Content already published to your social accounts is not affected. Reactivation requires the dispute to be resolved or payment by other means.
9. Data Protection and Privacy
9.1. Two roles. ciaopost processes personal data in two distinct capacities: (a) as a data controller for the personal data of the Business and its Team Members (account data, billing data); (b) as a data processor on behalf of the Business, for the personal data of End Customers contained in Testimonial Content and Consent Records. In this respect the Business is the data controller and ciaopost is the processor, acting on the Business’s instructions.
9.2. The Business’s controller obligations. As controller of End Customer data, the Business is responsible for having a lawful basis (consent) to collect and publish Testimonial Content, for informing End Customers, and for handling End Customer rights requests (access, deletion, withdrawal of consent). ciaopost will provide reasonable assistance as processor.
9.3. Applicable law. The Service is operated from Switzerland and is designed to comply with the Swiss Federal Act on Data Protection (nLPD/FADP) and, where applicable, the EU General Data Protection Regulation (GDPR).
9.4. Consent Records. Consent Records are stored as evidence of the authorisation obtained.
9.5. Fraud-prevention data. For the purpose of preventing repeated free-trial abuse, we retain a minimal record (a hashed identifier derived from the connected social account, a flag indicating a trial was used, and a date) that survives account deletion. This record is kept on the basis of our legitimate interest in preventing fraud, is not used for any other purpose, and is described in the Privacy Policy.
9.6. Sub-processors. We use third-party sub-processors to provide the Service (e.g. cloud hosting, payment processing via Stripe, email delivery via Brevo, AI processing via OpenRouter, transcription). A current list is available on request or in the Privacy Policy.
9.7. Data location and transfers.
9.8. Full details of how we process personal data are set out in our Privacy Policy, which forms part of these Terms.
10. Intellectual Property
10.1. Your content. You retain all rights in your User Content. You grant ciaopost a limited, non-exclusive, worldwide licence to host, process, reproduce, adapt (e.g. add subtitles and captions, reformat per channel), and transmit your User Content solely for the purpose of providing the Service (i.e. producing and publishing it to your Connected Accounts). This licence ends when the content is deleted, subject to Section 9 retention.
10.2. Our platform. ciaopost, the ciaopost name, logo, and all software, design, and materials of the Service are owned by Envestis SA and protected by intellectual property law. You receive a limited, non-exclusive, non-transferable right to use the Service per these Terms. You may not copy, modify, reverse-engineer, resell, or create derivative works of the Service.
10.3. Feedback. If you provide feedback or suggestions, we may use them without obligation to you.
11. Acceptable Use, Suspension, and Termination
11.1. You must not use the Service to: (a) publish content that is unlawful, infringing, defamatory, hateful, harassing, deceptive, obscene, or that sexualises or endangers minors; (b) publish a testimonial of a person without valid consent; (c) impersonate any person or misrepresent an affiliation; (d) violate the terms of any Connected Account or social platform; (e) attempt to bypass usage limits, security, or billing controls; (f) interfere with, disrupt, or attempt to gain unauthorised access to the Service; (g) use the Service for unsolicited bulk messaging or spam.
11.2. Suspension/termination by us. We may suspend or terminate your access, with or without notice, if you breach these Terms, if required by law, on chargeback or non-payment, or to protect the Service or third parties.
11.3. Termination by you. You may terminate by cancelling your subscription and closing your account.
11.4. Effect of termination. On termination, your right to use the Service ends. We retain and delete data per Section 9 and the Privacy Policy. Content already published to your social accounts is not affected and remains under your control.
12. Third-Party Platforms
12.1. The Service publishes to third-party social media platforms via their APIs. Your use of those platforms is governed by their terms, not ours.
12.2. We do not control and are not responsible for third-party platforms. We do not guarantee that any platform will remain available, that publishing will always succeed, or that a platform will not change, restrict, or remove access, content, or API functionality.
12.3. Publishing is best-effort. Publication to a given channel may partially or wholly fail for reasons outside our control (platform outages, revoked permissions, policy rejections). The Service reflects the actual per-channel outcome; a successful capture does not guarantee successful publication to every channel.
13. Disclaimers and Warranties
13.1. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the maximum extent permitted by applicable law.
13.2. We do not warrant that the Service will be uninterrupted, error-free, secure, or that AI-generated output (captions, hashtags, transcriptions) will be accurate or appropriate.
13.3. We do not warrant any business, marketing, reach, or revenue outcome from use of the Service.
14. Limitation of Liability
14.1. To the maximum extent permitted by applicable law, ciaopost, its directors, employees, and suppliers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business, arising out of or relating to the Service, whether in contract, tort, or otherwise, even if advised of the possibility.
14.2. In particular, and without limitation, ciaopost is not liable for: (a) the truthfulness, accuracy, or legality of any User Content (Section 5); (b) any claim by an End Customer or third party arising from content the Business published, including claims of missing, invalid, or exceeded consent; (c) any consequence of AI-generated captions or hashtags the Business reviewed and published; (d) failure, delay, change, or removal by any third-party social platform (Section 12); (e) any use of content by a social platform or the public after publication.
14.3. To the maximum extent permitted by law, ciaopost’s total aggregate liability for all claims relating to the Service shall not exceed the greater of (i) the total fees you paid to ciaopost in the twelve (12) months preceding the event giving rise to the claim, or (ii) CHF 100.
15. Indemnification
15.1. You agree to indemnify, defend, and hold harmless ciaopost, its directors, employees, and suppliers from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or relating to: (a) your User Content; (b) your breach of these Terms, including the consent obligations in Section 6 and the warranties in Section 5; (c) your violation of any law or third-party right; (d) content published by your Team Members through your account.
16. Changes to the Terms
16.1. We may modify these Terms. We will provide notice of material changes by email and in-app notice. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service and may cancel.
17. Governing Law and Jurisdiction
17.1. These Terms are governed by the laws of Switzerland, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods.
17.2. The exclusive place of jurisdiction is Lugano, Switzerland, subject to any mandatory place of jurisdiction available to consumers under applicable law.
18. Miscellaneous
18.1. Entire agreement. These Terms, the Privacy Policy, the DPA (where applicable), and any plan-specific terms constitute the entire agreement between you and ciaopost.
18.2. Severability. If any provision is held unenforceable, the rest remains in effect and the unenforceable provision is limited to the minimum extent necessary.
18.3. No waiver. Our failure to enforce a provision is not a waiver.
18.4. Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
18.5. Force majeure. We are not liable for failure or delay due to events beyond our reasonable control.
18.6. Language. These Terms may be provided in multiple languages.
18.7. Contact. Questions about these Terms: info@envestis.ch.
Appendix — Open Items for Counsel (not part of the published Terms)
The following must be resolved before publication:
- Data Processing Agreement (GDPR Art. 28) — required as a separate document incorporated by reference (§9.2). ciaopost is processor for End Customer data.
- EU representative (GDPR Art. 27) — likely required given EU users; confirm.
- Privacy Policy — separate document; must cover the fraud-prevention record that survives deletion (§9.5), sub-processors, transfers, retention, and End Customer rights.
- Consent text — the exact wording signed by End Customers (§6.5) is provided separately and must match this document. Confirm scope: voice + image + video, and whether a single global consent is valid when only part is captured.
- Consumer vs B2B — several clauses (withdrawal right, jurisdiction, warranty exclusions, liability cap) differ for consumer users under Swiss/EU law. The local-business segment may include sole traders who count as consumers in some respects; confirm.
- Minors — confirm whether End Customers who are minors are ever in scope and, if so, the parental-consent handling (§6.3).
- Prices, trial length, notice periods, liability cap, retention periods — all bracketed values to be confirmed and made consistent with BILLING_LOGIC and the live pricing page.
- AI transparency — confirm whether any disclosure obligation applies to AI-generated captions under the EU AI Act or platform rules.