Terms of Use

By accessing or using Merkflow at app.merkflow.eu you agree to be bound by these Terms of Use. These terms form a binding agreement between you and Niels van Haren Holding B.V. (trading as Merkflow).

If you do not agree with any part of these terms, you must not use the service.

Merkflow is an AI-powered social media management platform. The service connects to your social media accounts on supported platforms (currently LinkedIn, Instagram, Facebook, and X/Twitter), learns your brand from the information you provide and from your public website, and generates and publishes content on your behalf.

Features may include, but are not limited to: AI post generation, visual and carousel creation, scheduling, analytics, engagement inbox, brand intelligence, and multi-workspace team collaboration.

We may add, change, or remove features at any time. We will not materially reduce the functionality of a paid plan during a billing period without notice.

To use Merkflow you must create an account. When you do, you agree to:

• Provide accurate and complete information when registering, and keep it up to date.
• Be responsible for maintaining the security of your credentials (password, OAuth tokens, API keys). You must notify us promptly at support@merkflow.eu if you suspect unauthorised access.
• Be at least 18 years old. Merkflow is not intended for minors.
• Use one account per person. Account sharing is not permitted. If multiple people on your team need access, invite them as workspace members instead.

You are responsible for all activity that occurs under your account, whether or not authorised by you.

You may not use Merkflow to:

• Post content that is illegal, defamatory, harassing, hateful, abusive, or sexually explicit, or that infringes the rights of others.
• Violate the terms of service of any connected platform, including LinkedIn, Instagram, Facebook, and X/Twitter.
• Attempt to circumvent platform rate limits, API restrictions, or anti-spam measures, or to mask, obfuscate, or misrepresent the origin of automated activity.
• Resell, sublicense, or otherwise commercialise access to the service without our prior written consent.
• Use the service to spam, phish, deceive, or impersonate any person or entity.
• Reverse engineer, decompile, or attempt to extract the source code of the service, except where this restriction is prohibited by law.
• Probe, scan, or test the vulnerability of the service, or breach any security or authentication measures.

We reserve the right to suspend or terminate your access at any time if we believe you are violating this section, even before formal investigation.

To publish on your behalf, Merkflow asks you to connect your social media accounts via OAuth. By doing so:

• You grant Merkflow permission to publish content, fetch analytics, and read engagement on your connected accounts as instructed by you or your workspace members.
• You remain solely responsible for all content published through Merkflow, including content drafted by the AI and approved by you for publishing.
• Merkflow is not liable for actions taken by connected platforms, including but not limited to account suspension, content removal, throttling, or loss of reach. Each platform applies its own policies independently of us.
• You can revoke access at any time from your workspace settings under Connections. Revocation takes effect immediately and stops further publishing on the affected account.

You are responsible for ensuring that you have the right to connect each account and to authorise publishing on it.

Merkflow generates posts, captions, hashtags, visuals, and reels using AI models. You should treat all AI output as a draft that you are responsible for reviewing.

• AI-generated content may not always be accurate, appropriate, or error-free.
• You are responsible for reviewing content before it is published. Posts default to a review queue (the inbox) so you can approve, edit, or reject them before they go live.
• Merkflow does not guarantee that AI-generated content is free from bias, factual errors, hallucinations, or violations of platform policies.
• Even when posts are published automatically based on your cadence settings, you remain responsible for the content. We strongly recommend reviewing all posts in the inbox before approving.

• Paid plans are billed monthly via Mollie, our payment processor. We do not store your card details ourselves.
• Subscriptions auto-renew at the end of each billing period unless cancelled before the renewal date from your workspace billing page.
• No refunds are provided for partial months or unused features. If you cancel mid-period, you keep access until the end of the period you have already paid for.
• We reserve the right to change pricing, but we will give at least 30 days notice by email before any price increase takes effect on your plan.
• Where a trial period is offered, no credit card is required. At the end of the trial the workspace is paused (not charged) until you choose a paid plan.
• If a payment fails, we will retry and notify you by email. If the payment continues to fail, we may downgrade or suspend the workspace.

Your use of Merkflow is also governed by our Privacy Policy, which describes what personal data we collect, why, and how we protect it. By using Merkflow you also accept the Privacy Policy.

If there is a conflict between these Terms of Use and the Privacy Policy, the Privacy Policy controls in respect of personal data processing.

• Merkflow and its underlying technology — including the platform, code, designs, brand, name, and logo — are owned by Niels van Haren Holding B.V. and are protected by copyright, trademark, and other intellectual property laws.
• Content you create and publish remains your own. You retain all rights to the brand information, posts, images, and other materials you upload or create through the service.
• You grant Merkflow a limited, worldwide, non-exclusive, royalty-free licence to store, process, transform, and publish your content solely as needed to provide the service to you. This licence ends when you delete the content or close your account, except where retention is required by law.
• You may not use the Merkflow name, logo, or brand assets without our prior written consent, except to identify Merkflow as the tool you use.

Merkflow is provided "as is" and "as available", without warranties of any kind, whether express or implied, to the maximum extent permitted by Dutch law.

To the maximum extent permitted by law, Niels van Haren Holding B.V. and its directors, employees, and contractors are not liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the service, including but not limited to:

• Lost revenue, lost profits, or lost business opportunities
• Lost followers, reach, or engagement on connected platforms
• Suspension, restriction, or termination of any social media account
• Errors, downtime, or interruptions in the service
• Loss or corruption of content or data

Our total cumulative liability to you for any claim arising from or relating to the service is limited to the fees you paid us in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud.

We may suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these terms or if we are required to do so by law.

You may cancel your account at any time from your workspace settings. Cancellation takes effect at the end of the current billing period.

On termination, your data is retained for 30 days to allow for recovery if cancellation was accidental, then permanently deleted (subject to any retention required by law, e.g. financial records).

Sections of these terms that by their nature should survive termination — including intellectual property, limitation of liability, and governing law — will continue to apply after your account is closed.

These terms are governed by the laws of the Netherlands, without regard to conflict-of-law principles.

Any disputes arising out of or in connection with these terms or your use of the service are subject to the exclusive jurisdiction of the courts of Gelderland, the Netherlands. This does not affect your statutory rights as a consumer in your country of residence.

We may update these Terms of Use from time to time to reflect changes in the service, in the law, or in our business practices.

If a change is material, we will notify users by email at least 14 days before the change takes effect. The "Last updated" date at the top of this page will always reflect the date of the most recent revision.

Your continued use of the service after the effective date of any change constitutes acceptance of the updated terms. If you do not agree with the changes, you must stop using the service before the change takes effect.

For questions about these terms, please contact us: