Terms of Service

1.Agreement to these terms

These Terms of Service (the "Terms") govern your access to and use of the Sociby website at sociby.com, the Sociby app at app.sociby.com and any related services (together, the "Service"), provided by Mabeyn LLC, a limited liability company organized in the United States ("Sociby", "we", "us" or "our").

By creating an account, buying a plan or credits, or otherwise using the Service, you agree to these Terms and to the policies they refer to: the Privacy Policy, the Cookie Policy, the Subscription & Billing Terms, the Refund & Cancellation Policy and the Acceptable Use & AI Content Policy. If you use the Service for a company or other organization, you confirm that you are authorized to accept these Terms on its behalf, and "you" includes that organization.

If you do not agree to these Terms, do not use the Service.

2.Definitions

In these Terms:

• "Account" means the account you create to use the app.
• "Brand Assets" means the logos, colors, fonts, names, handles and other brand elements you upload or enter.
• "Your Content" means Brand Assets, photos, texts, prompts and any other material you provide to the Service.
• "Output" means the images, posts, stories, carousels and other designs the Service creates for you, including pictures made by artificial intelligence ("AI") models.
• "Credits" means the units used to pay for AI generation in the Service, as described in the Subscription & Billing Terms.
• "Plan" means a paid monthly subscription or the free plan.

3.Eligibility and accounts

You must be at least 18 years old, or the age of majority where you live if higher, to create an Account. You must give accurate information, keep your sign-in details secure and tell us promptly at [email protected] if you believe your Account has been used without permission.

You are responsible for everything that happens under your Account, including the actions of people you let use it. We may refuse, suspend or close Accounts that break these Terms.

4.The Service

Sociby lets you set up brand kits and create on-brand social media visuals. AI models create the pictures; your Brand Assets are placed on them by our compositor as separate, editable layers. We may change, improve or discontinue features of the Service. If we remove a feature that is material to a paid Plan, we will tell you in advance where reasonably possible.

The Service depends on third-party providers, including payment processors and AI model providers. We work to keep the Service available but do not promise that it will be uninterrupted, error-free or available at any particular time.

5.Plans, credits and payments

Paid Plans are billed monthly in advance and renew automatically until you cancel. Credits can also be bought as you go at the published price per credit. Prices, renewals, credit validity and taxes are described in the Subscription & Billing Terms, which form part of these Terms.

Payments are processed by Stripe, Inc. We do not store your full card details. All prices are in US dollars unless we state otherwise. You authorize us and our payment processor to charge your payment method for the Plans and Credits you choose and for renewals until you cancel.

Refunds are handled under the Refund & Cancellation Policy.

6.Your Content and your license to us

You keep all rights you have in Your Content. You give us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display and modify Your Content only as needed to provide, secure and improve the Service for you, including sending it to the AI model providers that generate your pictures. This license ends when Your Content is deleted from the Service, except for copies we must keep by law or in backups that are deleted on their normal cycle.

You confirm that you own Your Content or have all rights, licenses and permissions needed to use it in the Service, including the right to use any logo, trademark, photo or likeness of a person that you upload. You must not upload content that infringes the rights of others.

7.Output made with AI

As between you and Sociby, and to the extent permitted by law, you own the Output you create, and we assign to you any rights we may have in it. You may use Output for any lawful purpose, including commercial use, subject to these Terms and the rights of others.

AI-generated pictures may not be protected by copyright in some countries, and similar pictures may be generated for other users. AI can make mistakes: check every Output, including texts, facts, offers and any likeness, before you publish it. You are responsible for how you use Output and for making sure it complies with law and with the rules of the platforms where you post it.

We do not use Your Content or Output to train AI models. Our AI model providers process them only to create your pictures, under their business terms.

8.Acceptable use

You must use the Service in line with the Acceptable Use & AI Content Policy. In short, you must not use the Service to break the law, infringe the rights of others, deceive people, create sexual content involving minors, harass or harm anyone, or interfere with the Service or its security. We may remove content and suspend or close Accounts that break the policy.

9.Our intellectual property

The Service, including its software, design, templates, layout kits, prompts and the Sociby name and logo, belongs to Sociby and its licensors and is protected by law. We give you a limited, personal, non-exclusive, non-transferable license to use the Service under these Terms. Templates and layout kits may be used to create your designs within the Service; you may not resell or redistribute them as templates.

If you send us feedback or ideas, we may use them without any obligation to you.

10.Third-party services and links

The Service may link to or integrate with services we do not control, such as payment processors, AI model providers and social networks. Their own terms and privacy policies apply to your use of them, and we are not responsible for them.

11.Suspension, termination and account deletion

You may stop using the Service and delete your Account at any time from Account in the app. Deleting your Account deletes your brand kits, designs and uploads and cancels any renewal; unused Credits are lost unless the Refund & Cancellation Policy says otherwise.

We may suspend or terminate your access if you break these Terms, if we must do so by law, or if your use creates a risk for us, other users or third parties. Where reasonable, we will tell you first and give you a chance to fix the problem. Sections that by their nature should survive termination, including payment obligations, ownership, disclaimers, limitation of liability, indemnity and disputes, survive.

12.Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUTPUT WILL BE ACCURATE, UNIQUE OR FREE OF THIRD-PARTY RIGHTS, OR THAT IT WILL MEET YOUR NEEDS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

13.Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SOCIBY AND ITS MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED US DOLLARS (US$100).

Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud, gross negligence or wilful misconduct, or for death or personal injury caused by negligence, or the mandatory rights of consumers where you live.

14.Indemnity

You will defend, indemnify and hold harmless Sociby and its members, managers, employees and suppliers from any claims, damages, losses and costs, including reasonable attorneys' fees, arising from Your Content, your use of Output, or your breach of these Terms or of the law, except to the extent caused by our own breach. This section does not apply to consumers where the law does not allow it.

15.Governing law and disputes

These Terms are governed by the laws of the State of Missouri and the federal laws of the United States, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Before starting a legal claim, please contact us at [email protected] so we can try to resolve the issue informally within 30 days. Any claim that is not resolved will be brought exclusively in the state courts located in Cass County, Missouri, or the United States District Court for the Western District of Missouri, and you and we consent to the jurisdiction of those courts.

If you are a consumer living in the European Union, the United Kingdom or another country whose law gives you the right to bring claims in your local courts or to rely on mandatory local consumer protections, nothing in this section takes that right away.

16.Changes to these Terms

We may update these Terms from time to time. If a change is material, we will tell you by email or in the app at least 30 days before it takes effect, unless the change is required by law or concerns a new feature. If you keep using the Service after the change takes effect, you accept the updated Terms; if you do not agree, you may cancel your Plan and delete your Account.

17.General

These Terms, together with the policies they refer to, are the entire agreement between you and us about the Service. If any part is found unenforceable, the rest stays in effect. Our failure to enforce a right is not a waiver. You may not transfer these Terms without our consent; we may transfer them in connection with a merger, acquisition or sale of assets. Notices to you may be sent to the email address of your Account.

18.Contact

Mabeyn LLC, 117 S Lexington St, Ste 100, Harrisonville, Missouri 64701, United States. Email [email protected] for legal notices and [email protected] for help with your account.