Terms & Conditions

The agreement for using Mushy, for businesses and people 18 or older. Disputes go to individual arbitration seated in Austin, Texas, with a class-action waiver, and these Terms are governed by Delaware law.

Current version 1.0 · Effective October 26, 2026

Under legal review

These Terms are the agreement between you and EcoEarth Enterprises, Inc., a Delaware corporation based in Austin, Texas, which makes Mushy under the Mushy Marketing brand (“Mushy”, “we”, “us”). They cover mushymarketing.com, the Mushy app, its sign-in pages, its API and MCP servers, and the docs site. The Acceptable Use Policy is part of these Terms. The Privacy Policy explains how Mushy handles personal data.

You accept these Terms when you sign up, and again for a workspace when you create it or become its Owner. Please read dispute resolution: disputes go to individual arbitration, not to court, and class actions are waived.

This is version 1.0, drafted for review. Counsel’s version will replace it before Mushy opens to customers, and this version will stay online.

Accounts

Your account: each person signs up for their own account and keeps its sign-in methods to themselves.
Workspaces: a workspace belongs to its Owner, or to the organization the Owner accepts these Terms for. Creating a workspace accepts these Terms on its behalf; if you create it for an organization, you confirm you may accept them for it. A new Owner accepts these Terms again when ownership moves to them.
Members: the Owner is responsible for who they invite and what roles they give them.
One Free workspace: a person can own one Free workspace; any other workspace they own needs a paid plan. Belonging to other people’s workspaces is unlimited.

Eligibility

You must be 18 or older to use Mushy, and you confirm it when you sign up.
Mushy is for business use: you use it for a business, brand or other organization, or for your own professional work, not as a consumer.
Sign-up and the Free plan are open worldwide; paid plans are sold to US billing addresses for now (plans and payments).

Agents

An agent is any AI that works in a workspace: your own, connected through MCP or the API, or Mushy’s built-in agent.

An agent a member connects acts on that member’s and the workspace’s behalf, within the role it is given and the plan’s limits.
You are responsible for what your agents do, and for content a person approves.
Agents can’t publish without a person’s approval: anything an agent prepares to go public waits for a member to approve it.
Admins can pause all agents at any time, and disconnect any of them.
What your own agent reads goes to the model provider you chose for it, under your agreement with them.

Customer content

You own your posts, drafts, media, comments data, reports and everything else your workspace creates or brings into Mushy (“customer content”).
Mushy uses customer content only to run the service for you, for example to publish a post to the network you choose or to chart how it does.
Mushy never uses customer content to train models, and never shares it between workspaces.
You confirm you have the right to publish what you publish through Mushy.
You can export your workspace’s data at any time (suspension covers deletion).

When you connect a channel, you must follow the terms and policies of its network: Instagram, LinkedIn, X or YouTube.
Each network controls its own API. If a network changes or withdraws an API Mushy relies on, Mushy may change or remove the affected features.
When a network withdraws an API, Mushy tells the affected workspaces in the app within 24 hours and refunds each affected channel pro rata: the channel’s share of the bill (its posting-tier price, plus the plan’s base price divided by the plan’s channel count) for the unused part of the period. X usage already incurred isn’t refunded.

Plans and payments

Monthly plans: paid plans are billed monthly, in US dollars. Prices and posting allowances are as published on the pricing page. Billing always shows your renewal date and the amount you will be charged. Annual plans come later, and these Terms will cover them before they are offered.
What you pay: a channel plan, plus a posting tier for each connected channel. Connecting a channel adds it at once, prorated; disconnecting or pausing one lowers the bill from the next billing date, with no credit for the rest of the period. A change that raises a limit applies at once, with the prorated amount on the next invoice; a change that lowers a limit applies at the next billing date.
X usage: posts, replies and reads on X are billed at X’s price plus 20%, as their own line on the invoice. Each X post shows its cost before you schedule it.
X spending cap: only the Owner sets the workspace’s monthly X spending cap, with the default and minimum shown on the pricing page. The Owner and members with billing access are told at 80% of the cap, in the app and by email. At the cap, Mushy cuts X reads to the essentials until the next period or a higher cap, and doesn’t bill the reads it still makes. Posts and replies a person schedules or approves still go out, each showing its cost first, so X charges never pass the cap plus those posts and replies.
Sales tax: prices don’t include tax. Mushy adds sales tax where it is registered to collect it, starting with Texas, and shows it on the invoice.
Where Mushy sells: for now, paid plans are sold only to US billing addresses, until Mushy registers for VAT in the UK and the EU. Mushy says so before checkout. A checkout completed with a billing address outside the US is cancelled and refunded at once, and the workspace stays as it was.
Cancellation: you can cancel at any time from Billing. Cancellation takes effect at the end of the current period, with nothing more to pay, and the plan keeps working until then. You can undo a cancellation before the period ends.
Refunds: because a cancelled plan keeps working until its period ends, payments already made aren’t refunded, except:
- when a network withdraws an API, for the affected channels (social networks);
- for a checkout from outside the US, at once;
- where the law requires it.
Failed payments: if a payment fails, Stripe retries it over 14 days, and Mushy tells the Owner and members with billing access at the first failure and 3 days before the last retry. If it still fails, the workspace moves to Free limits, or needs a plan if its Owner already owns a Free workspace. No data is deleted.
Card details: Stripe handles payment, so your card details never reach Mushy.

Coupons

Mushy applies coupons, promotion codes and comp plans at its discretion.
A discount, even 100%, still gives the full plan: what a workspace can do comes from its plan and posting tier, never from what it pays.
Coupons apply to plans and posting tiers, not to X usage. Connecting an X channel on a comp plan asks for a card first.

Support access

Mushy staff can see a workspace’s content only through time-limited support access, granted for 1, 4 or 24 hours to help with a problem.
The Owner and Admins are told at once, by email and in the app, and every member sees a banner while it lasts.
The Owner or an Admin can end it at any time.
Every action taken with it is logged in the workspace’s activity log as Mushy support.
Support access can’t change billing, ownership or deletion, connect channels, approve or publish, or make changes that outlast it.
The Owner can turn on Ask before support access, so that no grant begins until they approve it.

Ownership recovery

If the Owner can’t be reached, an Admin can ask Mushy to make them the Owner, or to delete the workspace, with proof: a verified email address on the company’s domain, a business document, or proof that they pay for the workspace.
If Mushy accepts the proof, it emails the Owner and shows a notice in the workspace. The Owner has 14 days to object, with one click, and an objection cancels the request.
If nobody objects, ownership moves to the Admin, or the workspace is deleted if the request asked for that.
Every step is logged.

Inactive workspaces

A Free workspace with no sign-ins and no published posts for 12 months is deleted after 30 days’ notice to its Owner and Admins. Signing in during the notice period cancels the deletion.
Paid workspaces are never deleted for inactivity.

Suspension

Mushy may suspend a workspace for a serious breach of these Terms or the Acceptable Use Policy. It gives notice first, except in an active abuse case, and always tells the Owner and Admins when it suspends a workspace, with the reason and how to appeal.
While a workspace is suspended, members can sign in and read, and the Owner can export and delete it. Billing continues. Publishing, agents and every other change stop.
For a breach, Mushy deletes a workspace only 30 days after notice to its Owner and Admins, and normally suspends it first. Notice is withheld only during an open abuse case or where the law requires.
You can export your data and delete your workspace at any time. Deletion completes within 30 days.

Built-in agent

Mushy Agent, powered by Claude, is an alpha preview, offered by invitation.
It has usage limits, which Mushy may set or change, and it may change or end at any time.
It works as a Drafter for the member who starts it, so anything public it prepares waits for a person’s approval.
Content it processes goes to its disclosed model provider, Anthropic, as the Privacy Policy explains.

Service levels

Availability: from public launch, Mushy aims for 99.9% availability each month for the app, API and MCP server, and 99.95% for publishing. Before public launch, no availability is promised.
Support: email [email protected]. Mushy replies within 2 business days on Free, Starter and Plus, and within 1 business day on Pro. Publishing outages and security issues are answered within 2 hours, any day.

[Counsel to complete: service credits, warranties and disclaimers, and the limit of Mushy’s liability.]

Changes

Mushy announces material changes to these Terms at least 30 days before they take effect, by email and in the app.
From then, the website shows the new version as upcoming, and you accept it at your next sign-in once it takes effect. Your agents and API keys keep working meanwhile.
Every version stays online with its date, and the version history at the end of this page links each one.

Governing law

These Terms are governed by Delaware law, because EcoEarth Enterprises, Inc. is a Delaware corporation.
Disputes that go to court are heard in the state or federal courts in Travis County, Texas, where the company is based.
Your consumer and privacy rights under the laws of your own country or state are unaffected.

Dispute resolution

Individual arbitration: disputes between you and Mushy go to mandatory, binding individual arbitration, not to court. The arbitration is seated in Austin, Texas.
Class-action waiver: you and Mushy each bring claims only individually, never as a plaintiff or class member in a class, collective or representative action.

[Counsel to complete: the arbitration provider and its rules, the exceptions for small claims and injunctive relief, and any window to opt out of arbitration.]

Contact

EcoEarth Enterprises, Inc., Austin, Texas, USA. Email [email protected] about these Terms.