Effective date: 19 April 2026
Last updated: 19 April 2026
These Terms of Service ("Terms") govern access to and use of the social media automation service (the "Service") operated by Midnite Compile GmbH, Otto-Bauer-Gasse 5/17, 1060 Vienna, Austria, registered with the Austrian commercial register under FN 676204v (Handelsgericht Wien) ("Midnite Compile", "we", "us", "our"). By accessing or using the Service, you ("User", "you") agree to be bound by these Terms. If you do not agree, do not use the Service.
The Service is a self-hosted social media automation tool used by Midnite Compile and its authorised personnel to schedule, draft, and publish content to connected third-party platforms, including but not limited to TikTok and Instagram.
The Service is intended solely for the internal business use of Midnite Compile. It is not offered as a public service and is not available for use by external parties.
You may use the Service only if:
Access to the Service requires authorisation by Midnite Compile. You are responsible for maintaining the confidentiality of any credentials you are issued and for all activity under your account. Notify us immediately of any unauthorised access.
By connecting a third-party platform (such as TikTok) to the Service, you acknowledge and agree that your use of that platform, and all content published through it, is additionally governed by the platform's own terms of service and community guidelines, including but not limited to:
You are solely responsible for ensuring that all content you publish through the Service complies with those terms.
Midnite Compile is not affiliated with, endorsed by, or sponsored by TikTok, Meta, or any other third-party platform. All trademarks are the property of their respective owners.
You agree not to use the Service to:
Violations may result in immediate termination of access and, where applicable, reporting to the relevant platform or authorities.
You retain ownership of all content you create and publish through the Service. By using the Service, you grant Midnite Compile a limited, non-exclusive license to store, process, and transmit that content solely for the purpose of operating the Service on your behalf.
You are solely responsible for your content. Midnite Compile does not review, approve, or endorse content published through the Service.
The Service, including all software, design, documentation, and underlying technology, is and remains the property of Midnite Compile or its licensors. No ownership or license is transferred to you except as necessary to use the Service as authorised.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.
The Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, non-infringement, or uninterrupted availability.
Midnite Compile does not warrant that:
Third-party platforms may at any time modify, restrict, or terminate their APIs, which may affect the Service. Midnite Compile is not responsible for any such changes.
To the maximum extent permitted by applicable law, Midnite Compile shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including without limitation loss of profits, data, goodwill, or business interruption, arising from or relating to the Service, even if advised of the possibility of such damages.
Liability for slight negligence is excluded. Liability for gross negligence or intent remains unaffected, as required by Austrian law.
The total aggregate liability of Midnite Compile for all claims relating to the Service shall not exceed the amounts (if any) paid by you for the Service in the twelve (12) months preceding the event giving rise to the claim.
You agree to indemnify and hold harmless Midnite Compile, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
Midnite Compile may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice.
Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) shall survive.
You may terminate your use at any time by disconnecting your accounts and requesting data deletion per the Privacy Policy.
These Terms are governed by the laws of the Republic of Austria, excluding its conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Vienna, Austria, to the extent permitted by law.
We may modify these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use of the Service after changes constitutes acceptance. Material changes will be communicated to authorised users in advance where feasible.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Midnite Compile GmbH
Otto-Bauer-Gasse 5/17, 1060 Vienna, Austria
FN 676204v (Handelsgericht Wien)
Email: office@midnitecompile.com