General terms of use and sale

1.Acceptance

By creating an account or using the service, you accept the Terms. If you act on behalf of a company or another organization, you represent that you have the authority to bind it; it is then the “Customer”. The Terms prevail over any other document, unless a specific contract is signed by both parties (in particular for the Custom plan).

2.Definitions

• Customer: the person or organization that holds an account or a plan.
• User: any person who accesses the service, including members invited to a workspace.
• Workspace: the working environment of a brand or an end client, with its social accounts, its team, its content and its calendar.
• Owner: the sole User who holds a workspace and its plan, and who is responsible for its payment.
• Content: media, texts and other items imported, created or published by means of the service.
• Social networks: the compatible third-party platforms (Facebook, Instagram, Threads, LinkedIn, TikTok, YouTube, Pinterest, X…).

3.Service reserved for professionals

SprintPost is intended for professionals (companies, freelancers, non-profit associations, agencies) acting for the purposes of their business. By subscribing, the Customer represents that it is acting for professional purposes; the provisions of the French Consumer Code reserved for consumers, in particular the right of withdrawal, therefore do not apply.

4.Description of the service

SprintPost makes it possible to import media (computer, phone, Google Drive, Google Photos), to edit them and adapt them to the networks’ formats, to write texts (including with artificial intelligence assistance), to have posts approved, to schedule them and publish them on the connected accounts, and then to track their analytics and manage the comments received.

The service evolves: features may be added, modified or removed, in particular to keep pace with changes to the social networks. Features presented as experimental are provided without any warranty.

5.Account, workspaces and owner

The information provided at registration must be accurate and kept up to date. Each User keeps their credentials confidential and is responsible for the actions carried out with their account; enabling two-factor authentication is recommended. Any unauthorized use must be reported to us without delay.

Each workspace has a single Owner, who holds its plan. The Owner manages the members, their roles and their access, and is responsible for their use of the service. The Owner may transfer ownership of a workspace to another member, who then becomes its holder: the workspace then takes on the new Owner’s plan, within the limit of the number of workspaces included in that plan.

6.Plans and limits

The service is offered under a free plan (Free) and under paid plans, the content and prices of which are shown on the Pricing page on the date of subscription. Each plan sets in particular:

• the number of workspaces that the Owner may hold;
• the number of posts per rolling 7-day period, per workspace; a post is counted as soon as it is scheduled or published;
• per workspace: the number of social accounts and members, the volume of AI generations and the storage space.

Any action that would exceed a limit is refused with an explanatory message. An upgrade to a higher plan takes effect immediately; a downgrade to a lower plan takes effect at the end of the current period, and creation actions are restricted for as long as usage exceeds the new limits. We may change the plans; any unfavorable change to a paid plan is notified at least 30 days in advance and applies only from the following renewal. The free plan may be modified or discontinued with reasonable notice.

7.Prices, invoicing and payment

Prices are expressed in euros excluding taxes; the applicable VAT is added according to the Customer’s country and situation (a customer established in another Member State of the European Union who provides a valid intra-community VAT number is invoiced excluding VAT, under the reverse-charge mechanism). Paid plans are billed in advance, monthly or annually (the annual option includes two months free).

Payment is made online, by card or by another method offered on the payment page, through our payment provider Stripe; SprintPost never has access to full bank details. By subscribing, the Customer authorizes the amount of each period to be charged, at its renewal, to the registered payment method. An upgrade to a higher plan is charged immediately, prorated for the remaining period. An electronic invoice is issued for each payment and remains available in the workspace settings.

If a payment fails, new attempts are made over a few days, during which the plan is maintained and the Customer is asked to update their payment method; failing that, the subscription ends and the workspaces move to the free plan. Any amount not paid by the due date also automatically gives rise to late payment penalties equal to three times the legal interest rate and to a fixed indemnity of €40 for recovery costs (Articles L441-10 and D441-5 of the French Commercial Code).

Any price change is notified at least 30 days before it applies, which occurs at the following renewal; the Customer may terminate before that date.

8.Referral program

Every user has a personal referral link. A person who creates a SprintPost account after following that link (the “Referral”) gets a free trial of 30 days on their first paid subscription; after the trial, the subscription is billed normally unless it is cancelled before then.

When the Referral pays their first invoice, the user who referred them (the “Referrer”) receives a credit equal to one month of the plan the Referral subscribed to, excluding VAT, up to 12 credits per twelve-month period. The credit is applied automatically to the Referrer’s next SprintPost invoices; it cannot be refunded, exchanged for cash or transferred, and it is lost when the account is deleted.

A Referral can be referred only once, through the link followed before their account was created, and no one can refer themselves. In case of abuse or fraud (fictitious accounts, mass unsolicited messages, advertising on the SprintPost brand or keywords…), we may cancel the referral, take back the corresponding credit and exclude the user from the program. We may change or end the program at any time; credits already earned remain usable.

Referrers present the program honestly and follow the rules of the networks where they share their link.

9.Term, renewal and termination

Paid plans are entered into for the chosen period (month or year) and are tacitly renewed for an identical period. The Owner may terminate at any time from the workspace settings (“Manage billing”) or by writing to contact@sprintpost.app; termination takes effect at the end of the current period, without any refund of the period already begun. Their workspaces then move to the free plan.

We may suspend or terminate an account in the event of a breach of the Terms, after a formal notice that has remained without effect for 15 days, or with immediate effect in the event of a serious breach (illegal content, compromise of security, fraud, repeated failure to comply with the rules of the social networks). A free account that has been inactive for more than 12 months may be deleted after 30 days’ notice.

10.Consequences of the end of the contract

At the end of the contract, access to the service ends and access to the social networks is revoked. The Customer may retrieve its Content beforehand; the Content is then deleted within 30 days, unless there is a legal retention obligation (in particular for invoicing). Posts that have already been published remain on the social networks, where the Customer may delete them.

11.Acceptable use

The Customer and the Users undertake to comply with the law and with the rules of each social network. In particular, it is prohibited:

• to publish illegal content: content that is hateful, violent, harassing, defamatory or child pornographic, that infringes the privacy, image rights or intellectual property of others, or that constitutes misleading advertising;
• to send unsolicited bulk messages, to manipulate audiences or to impersonate a third party;
• to publish on a social account without the authorization of its holder;
• to circumvent limits, security measures or quotas, to access the data of other customers, or to disrupt the operation of the service;
• to decompile or extract the code of the service, except where permitted by law, or to resell the service without written consent.

We do not monitor Content in advance, but may remove content or suspend access upon notification or observation of a breach, in compliance with Regulation (EU) 2022/2065 (Digital Services Act).

12.Customer Content

The Customer retains all its rights in its Content and warrants that it holds the authorizations necessary for its publication (copyright, trademarks, image rights of the persons depicted, music). It grants us, for the duration necessary to provide the service and worldwide, a free, non-exclusive license to host, reproduce, adapt (crop, compress, convert) and transmit this Content to the social networks that it chooses, and to AI providers when it uses the assistant. We claim no ownership rights in the Content.

13.Artificial intelligence

The assistant’s suggestions (texts, alt texts, posting times, replies to comments) and the images it creates or edits are generated by third-party models and may be inaccurate or unsuitable. The Customer reviews them before any publication and remains solely responsible for the content published, including for labeling it as AI-generated or AI-edited content where the law or the rules of a network so require, and for third-party rights in the images it has edited.

SprintPost AI is included in the plans, within a monthly quota of tokens and images shown on the pricing page; what is not used is not carried over. With “My AI”, the Customer connects its own AI provider accounts: its requests are sent to them with no SprintPost quota, are billed to it by those providers and remain subject to their terms; SprintPost is not responsible for their availability or their costs.

14.Social networks and third-party services

The service relies on the APIs of Meta (Facebook, Instagram, Threads), LinkedIn, TikTok, Google (YouTube, Drive, Photos), Pinterest and X. By connecting an account, the Customer accepts the terms of the network concerned and undertakes to comply with them: Meta, LinkedIn, TikTok, Google, Pinterest, X. By using the YouTube features, the Customer agrees to be bound by the YouTube Terms of Service.

The availability of these APIs, their review processes, quotas, prices and rules depend exclusively on their publishers. We are not liable for any refusal of publication, any restriction or suspension of a social account, any drop in visibility or any change to an API; an integration may be suspended or withdrawn if a network modifies or terminates it.

15.Availability and support

We use reasonable means to ensure the availability, security and continuity of the service, without guaranteeing that it will be free from interruption (best-efforts obligation). Maintenance operations are announced in advance where possible. A scheduled post may be delayed by a queue, a limit or the unavailability of a network. Support is provided by email on business days. No service level commitment applies, except under a Custom contract.

16.Personal data

Personal data is processed in accordance with the privacy policy. For the data processed on its behalf, the Customer is the controller and we are its processor, under the data processing agreement, which forms part of the Terms.

17.Intellectual property

The service, its software, its trademark, its interfaces and its documentation remain our exclusive property. We grant the Customer, for the duration of its subscription, a personal, non-exclusive and non-transferable right of use. Suggestions for improvement that the Customer sends us may be used freely.

18.Liability

The Customer is solely responsible for its Content, its social accounts, its publishing choices and the use of the service by its Users. It keeps a copy of its original media.

Our liability is limited to direct and foreseeable damage resulting from a proven breach, and is capped, for all losses combined, at the amounts paid by the Customer for the service during the 12 months preceding the event giving rise to the liability (or €100 for a free account). Indirect damage, such as loss of revenue, audience, customers or data, is excluded. These limitations do not apply in the event of gross negligence or willful misconduct, nor to personal injury.

19.Force majeure

Neither party is liable for a failure caused by a force majeure event within the meaning of Article 1218 of the French Civil Code. If the impediment lasts more than 30 days, either party may terminate without compensation.

20.Confidentiality

Each party keeps confidential the non-public information of the other party of which it becomes aware in connection with the contract, for the term of the contract and for 3 years after its end, unless disclosure is required by law.

21.Changes to the Terms

We may change the Terms. Any substantial change is notified at least 30 days before it takes effect, by email or in the application; a Customer who refuses it may terminate before that date. Continued use after the effective date constitutes acceptance.

22.Applicable law and disputes

The Terms are governed by French law. In the event of a dispute, the parties will seek an amicable solution for 30 days from its written notification. Failing that, exclusive jurisdiction is conferred on the courts within whose jurisdiction the registered office of Marklls HK is located, including in summary proceedings or where there are multiple defendants.

23.Contact

Marklls HK, 12 rue de la Part Dieu 69003 Lyon, France — contact@sprintpost.app — +33 (0) 6 52 74 16 59.