Terms of use
The agreement for using itsends.
1. Operator and agreement
These terms govern itsends and its API and connectors. The operator is David Paulos Da Fonseca, operating as an entreprise individuelle (sole proprietor) under the trading name Solfaia, 34 Boulevard Prince Henri, L-4280 Esch-sur-Alzette, Luxembourg. VAT identification: LU31854716. Luxembourg business permit (autorisation d’établissement): 10105084 / 2. Contact: [email protected]. By affirmatively accepting these terms, you enter into an agreement with the operator. You must be at least 18 and have authority to act for any business you represent. A separately signed agreement prevails where it expressly varies these terms; the data processing terms prevail for processing on a business customer’s behalf. The privacy policy explains personal-data handling and is not a blanket consent request.
2. What the service provides
The service supports content planning, media storage, selected AI and agent workflows, account connections and supported social publishing. Features depend on the connected platform, permissions, approved API access and your configuration. A listed platform or connected account does not mean every read, message, analytics or publishing feature is available. Beta and experimental features are identified where offered. We exercise reasonable professional care; no specific uptime, response time, engagement, audience growth, revenue or commercial result is guaranteed unless separately agreed in writing.
3. Your account and instructions
Keep account and connector credentials secure, grant only necessary permissions and notify us promptly of suspected unauthorized access. You must have permission to manage every connected account and rights to every submitted item. You are responsible for instructions issued by persons and agents you authorize, subject to our responsibility for our own failures. You can revoke connector access and disconnect accounts. Do not share passwords or attempt to access another workspace.
4. Approval and automatic publication
Review the exact content, media, target account, visibility, date and time zone before approving a post. Automatic publishing, where available, executes approved content under your separately enabled account settings without requiring you to remain online. OAuth alone is not automatic-publishing consent. You may pause or cancel through available controls before dispatch; an instruction already sent to a social provider may not be recallable. Processing delays, rate limits, expired credentials, provider decisions and outages can delay or prevent publication. Check delivery status and keep independent copies of important content. We do not guarantee publication at an exact second or that duplicate prevention eliminates every possible failure; we remain responsible for exercising reasonable care in the system we operate.
5. Content rights and permitted use
You retain your rights in your content. You grant us a non-exclusive license for the duration necessary to host, process, format and transmit it to provide your requested service, including approved publication and lawful retention. This does not permit using private content in our marketing or training our own general-purpose models. You must obtain necessary copyright, music, image, privacy and publicity permissions and comply with advertising disclosures. Do not use the service for unlawful content, impersonation, harassment, spam, unauthorized surveillance, scraping outside authorized APIs, circumventing provider restrictions or compromising security. Platform rules continue to apply.
6. AI and third-party services
AI outputs may contain errors, bias, similarities to others’ work or material that is not copyright-protectable. You must review outputs for accuracy, legality and suitability before publication or consequential use. Outputs are not professional legal, medical or investment advice. Third-party services control their own access, prices, processing and availability. We are responsible for reasonable care in our own integration work, but cannot guarantee a provider will continue an API, approve an application or retain your account. Customer-selected services have their own contracts. No platform endorsement or partnership is implied.
7. Fees and changes to paid services
No subscription charge, renewal or paid plan is created solely by these terms. Any paid service requires a separate clear offer stating price, applicable taxes, billing period, included usage, renewal and cancellation terms that you accept before purchase. Third-party charges must be disclosed and authorized where incurred through our service. A free trial does not become a paid subscription without the required agreement. Price changes apply prospectively with the notice and cancellation rights required by law. Nothing here waives mandatory refund, withdrawal or conformity rights.
8. Confidentiality and data
We protect non-public customer information, use it for providing and administering the service and restrict access to those with a legitimate need and appropriate confidentiality obligations. Exceptions cover information lawfully public, independently developed, already lawfully known or required to be disclosed by law; compelled disclosure is limited and notified where permitted. Confidentiality continues after termination while the information remains protected. Security measures do not constitute a guarantee of absolute security. Business customers must give lawful processing instructions and appropriate notices to the people whose information they manage.
9. Service ownership
The service software, design and pre-existing components remain owned by us or their respective licensors. You receive a limited right to use available features under this agreement, not ownership of source code, infrastructure or provider credentials. Do not resell standalone provider API access or redistribute third-party data beyond applicable permissions. Mandatory rights concerning interoperability or other lawful uses remain unaffected.
10. Suspension and termination
You may stop using the service, disconnect accounts and request closure at [email protected]. We may restrict access proportionately for serious security risks, unlawful use, provider requirements or material breach, with notice and a reasonable opportunity to remedy where appropriate. Urgent protective action may precede notice. We may discontinue a service with reasonable advance notice where practicable, subject to existing paid commitments and mandatory rights. We provide reasonable assistance to retrieve your content and comply with applicable portability, switching and deletion duties. Closure does not itself delete posts on social networks. Confidentiality, accrued payment obligations, lawful retention and provisions intended to survive continue after termination.
11. Liability for business customers
This paragraph applies only where you contract in your professional or business capacity, to the extent permitted by law. We are liable for proven, foreseeable direct loss caused by our breach. We exclude indirect or consequential commercial losses, including lost profit or opportunity. Our aggregate ordinary liability for related claims is limited to the greater of EUR 100 and the fees you paid for the affected service during the 12 months preceding the event. For breaches of confidentiality, personal-data protection or security attributable to us, the aggregate limit is the greater of EUR 500 and twice those fees; it replaces, rather than adds to, the ordinary limit for the same event. These limits do not apply to fraud, intentional misconduct, gross negligence, death or personal injury, or liability that law does not permit us to limit. They do not restrict data subjects’ statutory rights or supervisory authorities’ powers. Each party must reasonably mitigate its loss. Consumer liability is governed by applicable mandatory law, not these business caps.
12. Third-party claims
For business customers only and to the extent lawful, you indemnify us for reasonable losses and defense costs from third-party claims directly caused by your unlawful content, lack of necessary rights or material breach, excluding the extent caused by our own breach or fault. We notify you promptly, allow a reasonable opportunity to participate in the defense and do not settle at your expense without your reasonable consent. This does not transfer our regulatory responsibilities or restrict a third party’s statutory rights.
13. Consumer rights and disputes
If you are legally a consumer, mandatory consumer protections apply regardless of any label in these terms. No provision excludes mandatory guarantees, cancellation or withdrawal rights, remedies or your right to use a competent court. Luxembourg law governs subject to mandatory protections of your country of habitual residence where applicable. Business disputes are subject to competent Luxembourg courts; consumers retain jurisdiction rights provided by law. Contact [email protected] first if you wish to seek an informal resolution; this does not prevent legal action or a complaint to a competent authority.
14. Updates and severability
We may update these terms for changes in the service, law or security needs. We notify affected users of material changes in advance where practicable and request fresh acceptance where required; changes do not retrospectively eliminate accrued rights. You may stop using the service before new terms apply, subject to mandatory rights and any existing paid agreement. If a provision is unenforceable, the remaining terms continue only as permitted by law. No automatic substitution removes mandatory protections.
15. Connected-platform terms and availability
When using a feature that uses YouTube API Services, you also agree to be bound by the YouTube Terms of Service. Google’s processing is explained in its Privacy Policy. TikTok and other connected platforms have their own terms, permission requirements and access decisions. itsends does not bypass creator-review controls, account restrictions or API availability. Provider permission and your authorization are separate requirements. YouTube and TikTok customer connections are still being configured; listing them on the website does not represent provider approval or current customer availability.