Terms of Service

1. Definitions

For purposes of these Terms:

• "Service" refers to the Esscentia Autopost platform, website, software, APIs, dashboard, artificial intelligence features, automation systems, and any related products provided by Esscentia.
• "User" means any person or organization accessing or using the Service.
• "Content" includes text, advertising copy, images, graphics, videos, carousels, captions, hashtags, metadata, and any other material created, uploaded, scheduled, or published through the Service.
• "Connected Platforms" refers to third-party services including but not limited to Instagram, Facebook, TikTok, YouTube, and future supported social media platforms.

2. Eligibility

You must be at least eighteen (18) years old or the legal age required in your jurisdiction to enter into legally binding agreements.

By using the Service, you represent and warrant that:

• You have legal authority to accept these Terms.
• The information you provide is accurate.
• You will comply with all applicable laws.
• You are authorized to manage any connected social media accounts.

3. Description of the Service

Esscentia Autopost provides an AI-powered platform designed to assist businesses and creators in producing marketing content and publishing it automatically across supported social media platforms.

The Service may include features such as:

• AI-generated advertising images.
• AI-generated marketing videos.
• Carousel generation.
• Caption generation.
• Automatic scheduling.
• Automatic publishing.
• Performance analytics.
• Content optimization.

We reserve the right to add, remove, modify, or discontinue features at any time without prior notice.

4. User Accounts

You are responsible for maintaining the confidentiality of your account credentials.

You are solely responsible for all activities occurring under your account.

You agree to immediately notify Esscentia of any unauthorized access or suspected security breach.

We reserve the right to suspend accounts that appear fraudulent, abusive, or in violation of these Terms.

5. Social Media Connections

The Service connects to third-party platforms using official OAuth authorization methods.

By connecting your accounts, you authorize Esscentia to publish content on your behalf only according to permissions explicitly granted by you.

You may revoke access at any time directly through your account settings or through the settings of the connected platform.

6. Artificial Intelligence

Esscentia uses artificial intelligence technologies provided by trusted third-party providers including OpenAI, Anthropic, Fal AI, and future AI partners.

Artificial intelligence may generate inaccurate, incomplete, biased, or inappropriate content.

You acknowledge that all AI-generated content must be reviewed before publication.

You remain solely responsible for every piece of content published through the Service, regardless of whether it was generated automatically.

7. License to Use the Service

Subject to your compliance with these Terms, Esscentia grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Service for your personal or business purposes.

This license does not transfer ownership of any software, technology, trademarks, or intellectual property belonging to Esscentia.

You may not:

• Copy or reproduce the Service.
• Reverse engineer or attempt to discover the source code.
• Resell or sublicense the Service.
• Create competing products using our technology.
• Use automated methods to scrape or copy platform data.

Any unauthorized use immediately terminates the license granted under these Terms.

8. Acceptable Use

You agree to use the Service responsibly and in compliance with all applicable laws and platform policies.

You must not use Esscentia Autopost to:

• Publish illegal content.
• Spread misinformation or deceptive advertising.
• Upload malware or malicious software.
• Violate intellectual property rights.
• Publish content that infringes copyrights or trademarks.
• Harass, threaten, or impersonate another individual.
• Generate spam or excessive automated content.
• Attempt unauthorized access to our systems.
• Circumvent security measures.
• Interfere with the normal operation of the Service.

Violation of this section may result in immediate suspension or permanent termination of your account without prior notice.

9. User Content

You retain full ownership of all content you upload or create using the Service.

However, by using Esscentia Autopost, you grant us a limited worldwide license to process, store, display, modify, transmit, and publish such content solely for the purpose of providing the requested services.

This license automatically terminates when your content is deleted from our systems, except where retention is required by law or for security purposes.

You represent and warrant that:

• You own the necessary rights to the content.
• Your content does not infringe third-party rights.
• Your content complies with applicable laws.
• Your content complies with the policies of connected platforms.

10. Subscription, Billing and Payments

Esscentia Autopost is offered under a monthly subscription model.

At this time, subscription payments are arranged manually and must be completed using one of the payment methods provided by Esscentia, such as payment links, bank transfers, or other approved payment methods.

In the future, Esscentia may introduce automatic recurring billing. If automatic renewals become available, subscribers will be notified in advance and future subscription fees may automatically renew unless canceled before the renewal date.

Failure to complete payment may result in suspension of the Service and its premium features until payment has been received and confirmed.

Refund Policy

Refund requests must be submitted within fifteen (15) calendar days of the original payment date. Requests received after this period will not be eligible for a refund, except where otherwise required by applicable law.

We offer refunds for eligible subscription payments upon request, subject to the conditions outlined below.

If you have used AI-powered features before requesting a refund, the cost of the computing resources consumed (including, but not limited to, AI-generated images, videos, and other generation services) will be deducted from the refundable amount.

The remaining balance, if any, will be refunded using the original payment method. If the value of the AI resources consumed equals or exceeds the amount paid, no refund will be issued.

If you believe you were charged incorrectly or experienced a billing error, please contact us at esscentiacol@gmail.com. We will review your request as promptly as possible.

Price Changes

We reserve the right to modify subscription pricing at any time. Existing subscribers will receive reasonable notice before any pricing changes take effect.

11. Suspension and Termination

We may suspend or permanently terminate your account at our sole discretion if:

• You violate these Terms.
• You misuse the Service.
• You engage in fraudulent activity.
• Your actions expose Esscentia or other users to legal or security risks.

You may discontinue using the Service and cancel your subscription at any time through your account settings.

Termination does not relieve you of any payment obligations incurred prior to cancellation.

12. Service Availability

We strive to maintain high availability of the Service but cannot guarantee uninterrupted operation.

The Service may become temporarily unavailable due to:

• Scheduled maintenance.
• Emergency maintenance.
• Cloud infrastructure outages.
• Failures of third-party providers.
• Internet connectivity issues.
• API limitations imposed by connected platforms.

Esscentia shall not be liable for losses resulting from temporary interruptions beyond our reasonable control.

We may introduce beta features, experimental functionality, or early-access tools. Such features are provided "as is" and may be modified or discontinued at any time.

13. Third-Party Services

Esscentia Autopost integrates with third-party services to provide its functionality. These services may include, but are not limited to:

• Meta Platforms (Instagram and Facebook)
• TikTok
• YouTube / Google
• OpenAI
• Anthropic
• Fal AI
• Cloudflare
• Future infrastructure, AI, analytics, payment or hosting providers.

Esscentia does not own or control these third-party services and is not responsible for their availability, policies, pricing, security practices, API limitations, outages, or changes.

Your use of those services remains subject to their own Terms of Service and Privacy Policies.

We are not affiliated with, endorsed by, or officially partnered with Meta, TikTok, Google, OpenAI, Anthropic, Fal AI, or any other third-party provider unless explicitly stated.

14. Intellectual Property

All software, source code, platform design, branding, trademarks, logos, graphics, workflows, interfaces, documentation, algorithms, and proprietary technology forming part of Esscentia Autopost are the exclusive property of Esscentia Technologies S.A.S. or its licensors.

Nothing contained in these Terms grants ownership of any intellectual property rights to users.

You may not copy, reproduce, distribute, modify, decompile, reverse engineer, sell, lease, or create derivative works from any portion of the Service without prior written authorization.

The Esscentia name, logos, branding elements, and visual identity may not be used without our prior written consent.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE".

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESSCENTIA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• CONTINUOUS AVAILABILITY
• ERROR-FREE OPERATION
• ACCURACY OF AI-GENERATED CONTENT

Artificial Intelligence outputs may contain inaccuracies, outdated information, hallucinations, or content unsuitable for your specific business. Users are solely responsible for reviewing all generated material before publication.

Esscentia does not guarantee increased engagement, sales, followers, revenue, or business performance resulting from the use of the Service.

16. Limitation of Liability

To the fullest extent permitted by applicable law, Esscentia Technologies S.A.S., its directors, employees, contractors, affiliates, licensors, and partners shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages.

This includes, without limitation:

• Loss of profits.
• Loss of business opportunities.
• Loss of revenue.
• Loss of goodwill.
• Loss of data.
• Interrupted business operations.
• Content removal by third-party platforms.
• Account suspension by social media providers.
• AI-generated inaccuracies.

Our total liability for any claim arising from the Service shall not exceed the total amount paid by you during the three (3) months immediately preceding the event giving rise to the claim.

17. Indemnification

You agree to defend, indemnify, and hold harmless Esscentia Technologies S.A.S., its founders, employees, contractors, affiliates, successors, licensors, and partners from and against any claims, liabilities, damages, losses, expenses, legal fees, or demands arising from:

• Your use of the Service.
• Your published content.
• Your violation of these Terms.
• Your infringement of intellectual property rights.
• Your violation of any applicable law or platform policy.

18. Changes to the Service and these Terms

We reserve the right to modify these Terms at any time.

If material changes are made, we may notify users through the website, dashboard, or registered email address.

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

We may also modify, suspend, replace, discontinue, or introduce new features without prior notice.

19. Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Colombia, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service shall be submitted to the competent courts of Colombia, unless otherwise required by applicable consumer protection laws.

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

These Terms constitute the entire agreement between you and Esscentia concerning the Service and supersede any prior agreements relating to the same subject matter.

20. Contact Information

If you have any questions regarding these Terms, you may contact us at:

Esscentia Technologies S.A.S.
Represented by Diego Pugliese, Founder

Email:
esscentiacol@gmail.com

Country:
Colombia