Terms of service

Section 1Agreement and definitions

In these terms:

• Avionettashare, we or us means Avionetta Technology (FZE), a free zone establishment licensed by SRTIP under trade licence 11711, at Sharjah Research, Technology and Innovation Park (SRTIP), Block B-B58-170, University City, Sharjah, United Arab Emirates.
• Service means the Avionettashare API, dashboard, hosted OAuth flow, webhooks and documentation.
• Customer, you means the person or company that holds an Avionettashare account.
• End User means an individual who connects their own social account through the Service, usually a user of the Customer's product.
• Profile means one set of connected social accounts belonging to one End User. Plan limits are counted in Profiles.
• Platform means Instagram, Facebook, YouTube or TikTok, and the company that operates it.
• Platform Data means any data we obtain from a Platform's API on an End User's authority.
• API Key means a credential we issue that authenticates requests to the Service as coming from the Customer.
• Content means media, captions, titles, descriptions and metadata the Customer or an End User submits for publication.

The privacy policy and the data deletion policy form part of this agreement.

Section 2Accounts and API keys

• You must be at least 18 years old and legally able to enter a contract.
• The information you give us when you register must be accurate, and you must keep it current.
• API Keys are secrets. You are responsible for keeping them confidential, for rotating them if they leak, and for all activity carried out under them, whether or not you authorised it.
• Tell us at [email protected] as soon as you suspect a key has been exposed. We will revoke it and issue a new one.
• One account may not be shared between unrelated businesses to avoid plan limits.

Section 3End User consent

You warrant that, for every account you connect through the Service:

• you have obtained the End User's informed consent before starting the connection, and you can evidence it;
• you present the Avionettashare connection accurately — you tell the End User which platforms will be connected, what will be done on their account, and that a third-party service is involved. You do not disguise the connection as something else;
• you have the authority to connect the account, or the account owner has given it to you. You do not connect accounts you do not control and have not been authorised over;
• you give the End User a way to disconnect, and you honour it promptly;
• you have your own privacy policy, it is accurate, and it tells End Users that their data is processed by a third-party publishing service.

As between you and us, you are the data controller for your End Users, and we act as your processor on your documented instructions. You are responsible for having a lawful basis for the processing you ask us to carry out.

Section 4Platform terms

The Service publishes to platforms we do not control. Using it means that you, and your End Users, must also comply with the terms of every platform you connect. Those terms flow down to you through this agreement, and where they are stricter than these terms, they win.

• Meta Platform Terms and Meta Developer Policies
• Instagram Platform Policy
• YouTube Terms of Service and the YouTube API Services Terms of Service
• TikTok Developer Terms of Service and the policies published at developers.tiktok.com

If a Platform requires us to suspend an integration, delete data or change how the Service works, we will comply, and we may have to do so without notice.

Section 5Acceptable use

You must not use the Service to do, or to help anyone else do, any of the following:

• Spam. Bulk unsolicited posting, repetitive posting of the same content across accounts, or any posting pattern designed to flood a platform.
• Artificial engagement. Automated likes, follows, unfollows, comments or views; engagement pods; or any attempt to inflate metrics.
• Scraping. Collecting data beyond the scopes an End User granted, or harvesting platform data for a purpose the End User did not authorise.
• Impersonation. Posting as a person or organisation you are not, or connecting an account you have no authority over.
• Infringement. Publishing content you do not hold the rights to, including music, video, images and text.
• Prohibited content. Adult or sexual content, hate speech, harassment, violent extremism, misinformation that causes harm, content that exploits minors, or anything illegal in the UAE or in the End User's country.
• Circumvention. Evading platform rate limits, quota restrictions, account restrictions or region blocks; rotating accounts to defeat enforcement; or probing our systems for vulnerabilities without written permission.
• Reselling raw Platform Data. You may show your End Users their own metrics. You may not sell, license or redistribute Platform Data as a data product.

We may investigate suspected breaches and cooperate with a Platform's own investigation. A serious breach ends the agreement immediately.

Section 6Service availability

Publishing depends on third-party platform APIs. We will make reasonable efforts to keep the Service available, but we do not guarantee uninterrupted operation, and in particular:

• we do not guarantee that any Platform will accept any given post;
• platform outages, deprecations, quota reductions, API changes, policy changes and account-level restrictions are outside our control;
• a Platform may reject content for reasons it does not disclose to us, and we can only pass on the error it returns;
• we may perform maintenance, and we will give notice of planned downtime where we reasonably can.

Where a post fails for a reason we can retry, we retry it automatically. Where it fails for a reason we cannot, we report the platform's error to you and stop.

Section 7Fees and billing

• Plans and prices are published on the pricing page and form part of this agreement.
• Fees are quoted in US dollars and charged monthly in advance.
• Value added tax and any other applicable tax or duty is added where the law requires it, including UAE VAT.
• Private beta. While an account is in the private beta the Service is provided free of charge. Fees begin only after we give at least 30 days' written notice, and you may close the account before they start rather than pay.
• Price changes take effect no earlier than 30 days after written notice, and never inside a period you have already paid for.
• Late payment. If a payment fails we will tell you and retry. If an invoice remains unpaid 14 days after it fell due, we may suspend the account until it is settled.
• Cancellation and refunds. Cancel at any time; cancellation takes effect at the end of the month you have paid for, and that month is not refunded. If we terminate the agreement for a reason that is not your breach, we refund the unused part of the current month.
• Payment is processed by Tap Payments and Stripe. We never see or store your full card number.

Section 8Suspension and termination

You may close your account at any time from the dashboard, or by writing to us.

We may suspend or terminate an account if:

• you breach these terms, and particularly section 3 or section 5;
• a Platform requires it, or your use puts our platform access at risk;
• an invoice remains unpaid 14 days after it fell due;
• we are required to by law.

Except where the breach is serious or a Platform requires immediate action, we give you notice and a reasonable chance to fix the problem before we suspend. We will always tell you why.

On termination your API keys stop working, connected accounts are disconnected and their tokens revoked at each Platform, and your data is deleted on the timetable set out on the data deletion page — within 30 days, with backups purged within 35 days. Ask us before you close the account if you want an export.

Section 9Intellectual property

We own the Service — the software, the API design, the documentation, the brand and everything else we made. Nothing in this agreement transfers any of it to you. You get a limited, non-exclusive, non-transferable right to use the Service while this agreement is in force.

You own your Content. You grant us only the licence we need to perform the Service: to host, store, reformat, transcode and transmit your Content for the purpose of publishing it to the destinations you selected, and to retain the records described in the privacy policy. That licence ends when the Content is deleted. We do not use your Content for anything else — not for marketing, not for examples, and not to train models.

If you send us feedback or a feature suggestion, we may act on it without owing you anything for it.

Section 10No affiliation

Section 11Disclaimers and limitation of liability

The Service is provided "as is" and "as available". To the fullest extent permitted by law we disclaim all warranties, whether express or implied, including any implied warranty of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that any post will be accepted by any Platform.

Our total aggregate liability arising out of or relating to this agreement is limited to the total fees you paid us in the twelve months immediately before the event giving rise to the claim. Where no fees have been paid, our aggregate liability is limited to one hundred US dollars.

We are not liable for indirect, incidental, special, punitive or consequential loss, nor for loss of profit, revenue, goodwill, data or anticipated savings, however caused, even if we were told such loss was possible.

Nothing in this section limits liability that cannot be limited by law, including liability for fraud or for death or personal injury caused by negligence.

Section 12Indemnity

You will indemnify and hold harmless Avionetta Technology (FZE), its officers and employees against any claim, demand, loss, liability, fine or reasonable legal cost arising out of:

• your Content, or Content submitted by your End Users;
• your breach of these terms, of any Platform's terms, or of any law;
• a claim that you connected an account without authority, or without valid End User consent;
• a claim by an End User relating to your product, your privacy notice or your handling of their data.

We will notify you promptly of any such claim and let you control the defence, so long as you do not settle in a way that admits fault on our behalf without our written agreement.

Section 13Confidentiality and general terms

Confidentiality

Each of us will keep the other's non-public information confidential, use it only to perform this agreement, and protect it with at least reasonable care. This does not apply to information that is public through no fault of the receiver, was already known, or must be disclosed by law — in which case the receiver tells the other party first, where it is lawful to do so.

Force majeure

Neither party is liable for a failure caused by something outside its reasonable control, including war, civil unrest, natural disaster, epidemic, government action, failure of a public telecommunications network, or the outage, discontinuation or policy change of a Platform.

Assignment

You may not assign this agreement without our written consent, which we will not unreasonably withhold. We may assign it to an affiliate, or in connection with a merger or sale of the business, on notice to you.

Severability

If a court finds any provision unenforceable, that provision is limited or removed to the minimum extent necessary and the rest of the agreement stays in force.

Waiver

A failure to enforce a provision is not a waiver of it, and does not prevent us from enforcing it later.

Entire agreement

These terms, together with the privacy policy, the data deletion policy and the published pricing, are the entire agreement between us about the Service, and replace anything discussed beforehand.

Notices

We give notice by email to the address on your account, or by posting to this site. You give notice to us at [email protected].

Section 14Governing law

This agreement is governed by the laws of the Emirate of Sharjah and the applicable federal laws of the United Arab Emirates. The courts of Sharjah have exclusive jurisdiction over any dispute, subject to any dispute resolution rules that apply to us as a SRTIP free zone establishment, which take precedence where they do apply.

Nothing here removes a consumer's right to bring proceedings in their own country where the law of that country gives them that right and it cannot be contracted out of.

Section 15Changes to these terms

We give 30 days' notice by email before a material change to these terms takes effect. If you do not accept the change, close your account before the effective date and we refund the unused part of the month. Continuing to use the Service after that date means you accept the new terms.

Changes required by law or by a Platform may need to take effect sooner. Where that happens we tell you why and when.

Section 16Contact

Questions about these terms go to [email protected].