Terms of Sale and Use

1. Who we are

SocialBrainAI (the “Service”) is published and sold by Optsun Ltd (OPTSUN LTÉE), a company incorporated under the laws of Mauritius, BRN C14124280, VAT No. VAT27290806, Royal Road, Bon Accueil, 40205, Mauritius (“SocialBrainAI”, “we”, “us”). Contact: contact@socialbrainai.com.

By creating an account, subscribing to a plan or topping up your balance, you accept these terms. If you do not accept them, do not use the Service. The Service is open to business users (companies, merchants, self-employed professionals, agencies) and to individuals alike, provided they are at least 18 years old.

2. The Service

SocialBrainAI is an AI-assisted social media marketing application. In particular, it allows you to:

• connect your social media accounts and your Business Profile;
• prepare posts, images and videos (the “creations”) based on your brand information;
• review, edit and approve each creation before it is published;
• schedule and publish approved content to your accounts;
• reply to your customers' messages, prepare ads and track your results.

Human oversight: creations are proposals. They are published after your approval, or according to the automatic publishing rules you have enabled yourself. In the latter case, you are deemed to have approved the content published under those rules.

The Service is a tool. SocialBrainAI does not guarantee any results in terms of visibility, followers, reach, leads or sales: these results depend on your business, your market and how social networks operate, which we do not control.

3. Main account, sub-accounts and members

• Main account: this is the account holder's account. It is the only account billed by SocialBrainAI: it carries the subscription and the prepaid balance.
• Sub-accounts: each sub-account corresponds to a brand or a business. The account holder may create sub-accounts for their own brands or for their clients. Sub-accounts remain under the account holder's sole responsibility: it is the account holder who re-bills their own clients, if they wish. SocialBrainAI provides a usage statement per sub-account, for information purposes.
• Members: the account holder may invite as many people as they wish to sign in to a sub-account, free of charge. The account holder is responsible for the actions of the members they invite.
• You are responsible for keeping your credentials confidential and must notify us without delay of any unauthorized use of your account.

4. Subscription

• Access to the Service requires an active subscription. The subscription is due per sub-account, at the same price for each sub-account, monthly or annually. It gives access to the Service; it does not include creations, which are paid separately (section 5).
• A volume discount applies to all sub-accounts depending on their number, as shown on the Pricing page. This discount never applies to creations.
• The subscription is paid in advance via PayPal and renews automatically at each billing date until cancelled.
• Adding a sub-account: it is active immediately and billed from the next billing date. Removing a sub-account: this takes effect at the end of the current period, with no prorated refund. To prevent abuse, SocialBrainAI may bill immediately, or refuse, repeated removals and additions intended to avoid paying the subscription (in particular a sub-account removed and then recreated within 60 days).
• The applicable prices are those displayed at the time of subscription. If prices change, we will notify you at least 30 days in advance; the new price applies from the next billing date and you may cancel beforehand.

5. Creations and prepaid balance

• Creations (texts, images, carousels, videos, animations…) are paid per unit, from a single prepaid balance attached to the main account. The price of each creation is displayed before you launch it.
• The balance is topped up via PayPal, always in advance. The price of a creation is deducted from the balance at the moment you launch it, before it is produced. Without sufficient balance, the creation cannot be launched.
• The balance is neither transferable nor redeemable for cash. It remains attached to the main account and becomes usable again if the subscription resumes after an interruption.

6. Prices, VAT and invoices

• All prices are stated excluding taxes, in euros.
• Customers located in Mauritius: Mauritian VAT of 15% is added.
• Customers located in another country: prices are invoiced excluding taxes (export of services). For European Union businesses that provide a valid VAT number, the invoice bears the “Reverse charge” notice, meaning that the VAT is to be accounted for by the customer. Any taxes due in your country remain your responsibility.
• The country used is the one you declare for your account. You must enter it accurately and keep it up to date; failing that, it may be determined from your sub-account or your PayPal payment, and we may correct billing accordingly.
• An invoice is issued in the name of the main account for each payment and remains downloadable from your workspace.
• The Service is digital and supplied as soon as you subscribe: no withdrawal (cooling-off) period applies. Refunds are governed solely by the rules on our page Payments, refunds and claims.

7. Offers and promo codes

• Offers and promo codes apply only to the subscription, never to creations or balance top-ups.
• Only one offer or promo code can be used at a time. It can be combined with the multi-account discount, but not with another offer.
• Each offer has its own duration and limits (for example a maximum number of eligible sub-accounts), stated when it is offered. When the offer ends, the regular price applies automatically.
• Offers are neither exchangeable nor redeemable for cash. Abusive use (multiple accounts, false identity) will result in their cancellation.

8. Cancellation and termination

• You can cancel your subscription at any time from your workspace or from your PayPal account. Cancellation takes effect at the end of the period already paid — you keep access until that date, with no prorated refund for the remaining period.
• We may suspend or close an account in the event of a breach of these terms (unlawful content, fraud, non-payment, failure to comply with social network rules), after notifying you, except in an emergency or where required by law.
• You can request the deletion of your account and your data (see the dedicated page), subject to data we are legally required to keep, such as invoices.

9. Subcontractors and artificial intelligence providers

To produce creations and operate the Service, SocialBrainAI uses independent subcontractors and artificial intelligence providers. SocialBrainAI is not liable for the failures, interruptions, errors or results of these subcontractors and providers.

• A launched creation that fails, or whose result is defective, due to a provider's fault, and that is billed to SocialBrainAI by that provider, remains billed to the customer.
• There is no automatic refund and no automatic free redo of a creation, whatever the cause of the error.
• The only available remedy is a claim, reviewed on a case-by-case basis. Any goodwill gesture is granted at SocialBrainAI's sole discretion, in the form of a credit to your balance. See Payments, refunds and claims.
• Content produced by artificial intelligence may contain imperfections or resemble other content; its exclusivity is not guaranteed.

10. Your content and your posts

• You approve each piece of content before it is published (or through the automatic rules you have enabled). You are solely responsible for the content published on your accounts, for its accuracy (prices, promotions, product features) and for its compliance with the law.
• You warrant that you hold the rights to the materials you provide to us (logos, photos, videos, texts, people's faces) and that their use does not infringe anyone's rights.
• You may not use the Service for illegal, misleading or hateful content, for spam, to impersonate a third party, to circumvent the Service's technical limits or to access other users' data.

11. Social networks and advertising

• By connecting your accounts (Facebook, Instagram, Threads, TikTok, Pinterest, YouTube, LinkedIn, Google Business Profile, WhatsApp), you authorize us to access them within the limits of the permissions you grant, which you can revoke at any time from your workspace or from each platform's settings.
• You agree to comply with the rules of each social network, and with Meta's advertising policies for Facebook and Instagram ads. A platform may reject an ad, restrict an account or change how it works: SocialBrainAI is not responsible for this.
• The ad budget is paid directly by you to Meta, using your own payment method. It is neither collected nor advanced by SocialBrainAI and is not included in the subscription or the balance.

12. Ownership

• The creations you have paid for belong to you — you may use them freely, including commercially, subject to third-party rights and section 9.
• You grant us a limited license to process your information and content for the sole purpose of providing the Service.
• The Service itself (application, interfaces, logos, texts, methods) remains the property of Optsun Ltd.

13. Limitation of liability

The Service is provided “as is”. We use reasonable efforts to keep it available and reliable, but do not guarantee that it will operate without interruption or error. To the fullest extent permitted by law, SocialBrainAI is not liable for any indirect loss or damage (loss of revenue, customers or data, damage to reputation), and its total aggregate liability is limited to the amounts paid for the subscription over the last 12 months.

14. Changes to these terms

We may change these terms. Material changes will be announced to you at least 30 days in advance by email or in the app. If you continue to use the Service after they take effect, you accept them; otherwise, you may cancel.

15. Governing law and disputes

These terms are governed by the laws of the Republic of Mauritius. In the event of a dispute, please contact us first to seek an amicable solution. Failing that, the courts of Mauritius have exclusive jurisdiction, unless mandatory legal provisions provide otherwise.

16. Language

These terms are drawn up in French and in English, the languages in official use in Mauritius; both versions are equally authentic.

17. Contact