Terms, said straight.

1. About Opergent

Opergent is an AI-powered social media management platform operated by Paywoke Sarl, a company incorporated in Luxembourg. Opergent enables creators and businesses to generate, review, approve and publish content across social media platforms including Instagram, TikTok, LinkedIn, X/Twitter and Facebook.

These Terms of Service ("Terms") govern your access to and use of the Opergent website at opergent.io and any related services (collectively, the "Service").

2. Eligibility

To use Opergent you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under applicable law
• Use the Service only for lawful purposes

By using Opergent, you represent and warrant that you meet all of the above requirements.

3. Your account

When you create an Opergent account, you are responsible for:

• Providing accurate and complete information
• Maintaining the security of your account credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorised access at hello@opergent.io

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security risk.

4. Connected social media accounts

Opergent allows you to connect your social media accounts (Instagram, TikTok, LinkedIn, X/Twitter, Facebook) via OAuth. By connecting an account you:

• Authorise Opergent to access, read and publish content to that account on your instruction
• Confirm you are the authorised owner or administrator of the connected account
• Agree that you remain solely responsible for all content published through Opergent to your accounts
• Acknowledge that each platform's own terms of service continue to apply to your use of that platform

You may disconnect any social media account at any time from within the Opergent platform or directly through the relevant platform's settings.

5. AI-generated content

5.1 Your responsibility

All content generated by Opergent's AI tools is produced based on your instructions, brand voice settings and approved briefs. You are solely responsible for reviewing, approving and taking responsibility for all content before it is published. Opergent provides tools to help you create content — we do not make editorial decisions on your behalf.

5.2 Content accuracy

AI-generated content may contain inaccuracies, errors or hallucinations. You must review all AI-generated content carefully before publishing. Opergent is not liable for any loss or damage arising from inaccurate AI-generated content that you choose to publish.

5.3 Content ownership

Content you create, upload or provide to Opergent remains yours. AI-generated content produced from your briefs, brand voice and instructions is assigned to you upon creation. You grant Opergent a limited licence to process, store and transmit this content solely for the purpose of delivering the Service.

5.4 Voice cloning

If you use the voice cloning feature, you confirm that:

• The voice recordings you upload are of your own voice or you have explicit permission to use them
• You will not use voice cloning to impersonate other individuals or create misleading content
• You consent to your voice recordings being processed by ElevenLabs for the sole purpose of generating your audio content

6. Acceptable use

You agree not to use Opergent to:

• Generate, publish or distribute spam, misleading content or coordinated inauthentic behaviour
• Create content that violates the terms of service of any connected social media platform
• Impersonate any person, brand or organisation
• Generate content that is defamatory, harassing, hateful or discriminatory
• Create or distribute content that infringes third-party intellectual property rights
• Generate sexually explicit content or content involving minors
• Attempt to bypass, circumvent or disable any platform's safety systems
• Use the Service for any unlawful purpose or in violation of applicable regulations
• Attempt to reverse-engineer, scrape or extract data from the Opergent platform
• Use the Service to manipulate engagement metrics on any social media platform

7. Platform terms compliance

Opergent integrates with third-party platforms. Your use of each integration must comply with that platform's own terms of service and community guidelines:

• Instagram Terms of Use and Platform Policy
• TikTok Terms of Service and Community Guidelines
• LinkedIn User Agreement and Professional Community Policies
• X Terms of Service and Rules
• Facebook Terms of Service and Community Standards

Opergent is not responsible for changes to third-party platform policies that affect your ability to use our integrations.

8. Intellectual property

The Opergent platform, including its design, code, branding and documentation, is owned by Paywoke Sarl and protected by applicable intellectual property laws. You may not copy, modify, distribute or create derivative works of any part of the Opergent platform without our prior written consent.

The Opergent name, logo and associated marks are trademarks of Paywoke Sarl.

9. Payments and billing

During the founding beta period, Opergent is provided free of charge to selected beta users. When paid plans are introduced:

• Billing terms and pricing will be communicated clearly before any charges apply
• Founding beta users will receive advance notice of any pricing changes
• Subscriptions are billed in advance and are non-refundable except where required by applicable law
• You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period

10. Disclaimers and limitation of liability

10.1 Service provided "as is"

Opergent is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose or non-infringement.

10.2 No guarantee of results

We do not guarantee that using Opergent will result in specific outcomes including follower growth, engagement rates, content performance or revenue. Social media results depend on many factors beyond our control.

10.3 Limitation of liability

To the maximum extent permitted by applicable law, Paywoke Sarl shall not be liable for any indirect, incidental, special, consequential or punitive damages arising from your use of or inability to use the Service, including but not limited to loss of profits, data, goodwill or business opportunities.

Our total liability to you for any claim arising from these Terms or your use of the Service shall not exceed the amount you paid to us in the 12 months preceding the claim, or €100 if no payment has been made.

10.4 Third-party services

Opergent relies on third-party AI and social media services. We are not liable for downtime, errors, data loss or policy changes affecting these third-party services.

11. Indemnification

You agree to indemnify, defend and hold harmless Paywoke Sarl and its officers, employees and agents from and against any claims, liabilities, damages, losses and expenses arising from your use of the Service, your content, your violation of these Terms, or your violation of any third-party rights.

12. Termination

You may close your account at any time by contacting hello@opergent.io. We will delete your data in accordance with our Privacy Policy.

We may suspend or terminate your account at any time for violation of these Terms, extended inactivity or at our sole discretion, with or without notice. In the event of termination for cause, no refund will be issued.

Provisions of these Terms that by their nature should survive termination (including intellectual property, disclaimers, indemnification and governing law) will survive.

13. Changes to these Terms

We may update these Terms from time to time. We will notify you of material changes by email at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

If you do not agree to updated Terms, you may close your account before the effective date.

14. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, without regard to conflict of law principles.

Any dispute arising from or relating to these Terms or the Service shall be submitted to the exclusive jurisdiction of the courts of Luxembourg City, Luxembourg.

If you are a consumer in the European Union, you may also have the right to access alternative dispute resolution through the EU Online Dispute Resolution platform.

15. General provisions

• Entire agreement — These Terms, together with our Privacy Policy, constitute the entire agreement between you and Paywoke Sarl regarding the Service
• Severability — If any provision of these Terms is found unenforceable, the remaining provisions remain in full force
• Waiver — Our failure to enforce any provision does not constitute a waiver of our right to enforce it in the future
• Assignment — You may not assign your rights under these Terms without our prior written consent. We may assign our rights in connection with a merger, acquisition or sale of assets
• Language — These Terms are written in English. In the event of conflict between translations, the English version prevails