Terms and Conditions

1. OUR SERVICES

The information provided via our Services is not intended for distribution in jurisdictions where such distribution would violate local law. Users accessing Orsana from outside France do so on their own initiative and are responsible for local compliance.

Orsana currently proposes Users four plans with which they can use our Services. Please see the pricing page for the different plans, what they contain and their prices.

2. INTELLECTUAL PROPERTY RIGHTS

• Our Content: We own or license all source code, databases, software, and website designs (the "Content"), and the trademarks/logos (the "Marks"). They are protected by French and international copyright laws.
• Your Use: We grant you a non-exclusive, non-transferable license to access the Services for your internal business purposes.
• AI Outputs: Subject to your payment of all applicable fees, you own the specific text/content generated for you by the Orsana AI for use on LinkedIn and Instagram.

3. USER REPRESENTATIONS

By using the Services, you represent that:

1. All registration info is accurate.
2. You have the legal capacity to agree to these terms.
3. You are at least 18 years old.
4. You will not use the Services for any illegal or unauthorized purpose.
5. Your use will not violate any LinkedIn or Meta (Instagram) Platform Policies.

4. USER REGISTRATION

You are responsible for keeping your password confidential. We reserve the right to remove or change a username if we determine it is inappropriate or objectionable.

5. PURCHASES AND PAYMENT

Our payment system is managed via Stripe. The available payment methods are as indicated and made available via Stripe.

• Currency: All payments shall be in Euros (€)

6. CANCELLATION

Monthly and Annual Subscriptions: All purchases are non-refundable. You can cancel your subscription at any time via your account dashboard. Cancellation takes effect at the end of the current paid term.

7. TERMINATION

7.1 Right to Terminate: We reserve the exclusive, unilateral right to suspend or terminate your access to the Services immediately, without prior notice or liability, if we determine, in our sole and absolute discretion, that:

• You have violated any provision of these Legal Terms.
• Your use of the Services poses a security risk to Orsana, our source code, or our infrastructure.
• Your actions may infringe upon the rights of third parties or violate the policies of LinkedIn or Meta (Instagram).
• Your behavior is harmful to our reputation or the experience of other users.

7.2 No Refund upon Breach: If your account is terminated due to a violation of these terms, you shall not be entitled to a refund for any unused portion of your subscription or any prepaid fees.

7.3 Right to Investigate: We reserve the right to investigate any suspected violation of these Legal Terms and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

8. PROHIBITED ACTIVITIES

You may not, included but not limited to:

• Use Orsana to generate spam, "fake news," or content that violates the community standards of LinkedIn or Instagram.
• Circumvent or interfere with security features.
• Engage in automated "scraping" or data mining of our platform.

9. USER GENERATED CONTRIBUTIONS

The Services may allow you to create content. You warrant that your contributions:

• Do not infringe third-party IP rights.
• Are not obscene, harassing, or defamatory.
• Do not violate French laws regarding digital content and hate speech.

10. THIRD-PARTY SERVICE PROVIDERS

Our Services allow you to link your LinkedIn and Instagram (Meta) accounts.

• Third-Party Terms: You acknowledge that your use of LinkedIn and Instagram is governed by their respective terms (e.g., Meta's Terms of Service and LinkedIn's User Agreement).
• API Usage: Orsana uses official APIs. We are not responsible for changes made by LinkedIn or Meta that may limit the functionality of our Services.
• Data Access: By linking accounts, you authorize Orsana to access certain profile information as permitted by your privacy settings on those platforms.

Furthermore, you understand that Orsana uses third-party service providers (including, but not limited to, AI model providers, and social media platforms like LinkedIn and Meta/Instagram) to operate the Services.

• Accuracy: We do not warrant that information or data provided through the Site and the Services will be reliable and accurate where such information is provided by or by means of a third-party service provider.
• Fees: Orsana further disclaims any responsibility or liability for any additional fees or charges that may be imposed by such third-party providers (e.g., LinkedIn Premium or Meta Advertising costs) in connection with their services.

11. MODIFICATION OF SERVICES

Orsana reserves the right to make changes to the Services at any time in an effort to improve the Services in part or as a whole (including updating AI models or UI). If a change may have significant negative consequences for your existing use of the Services, we will use reasonable efforts to announce the change via email or through the platform dashboard.

12. DISCLAIMER

At Orsana, we strive to provide you with the most innovative tools to elevate your social media presence. We work on a commercially reasonable basis to ensure our AI models generate high-quality, engaging, and relevant content for LinkedIn and Instagram.

However, AI technology is rapidly evolving and is not perfect. Mistakes can happen. You acknowledge that the content generated is produced by Artificial Intelligence, which may occasionally produce "hallucinations", information that sounds confident but is factually incorrect or illogical.

To ensure your professional reputation remains intact, you agree that you are solely responsible for:

• Vetting and Fact-Checking: Reviewing every post for accuracy and truthfulness. Never assume the AI has the most current facts or data.
• Brand Alignment: Ensuring the tone and messaging meet your personal or corporate standards before you hit "Publish."
• Intellectual Property: Confirming that the generated content does not violate third-party intellectual property, privacy, or publicity rights once it is shared on LinkedIn or Meta (Instagram).
• AI Errors: Accepting that Orsana is not liable for any "hallucinations," biased outputs, or errors produced by the underlying Large Language Models (LLMs).

13. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Orsana, its directors, employees, or agents shall not be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages. This includes, but is not limited to:

• Loss of Profit or Revenue: Any business lost because a post didn't perform well or caused a PR issue.
• Platform Penalties: Any shadow-banning, suspension, or termination of your LinkedIn or Instagram (Meta) accounts resulting from the use of our Services.
• AI Inaccuracies: Any damages arising from "hallucinations," factual errors, or offensive content generated by the AI, even if Orsana was advised of the possibility of such errors.
• Data Loss: Any corruption or loss of data transmitted through the Services.

Notwithstanding anything to the contrary contained herein, our total liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Orsana during the six (6) month period prior to the cause of action arising. If you are using a free tier, our liability is limited to €0.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold Orsana (including our subsidiaries, affiliates, and all of our respective officers and agents) harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

1. Your Published Content: Any claim that content generated by Orsana and published by you violates the intellectual property, privacy, or publicity rights of a third party, or constitutes defamation or libel.
2. Platform Violations: Any claim from LinkedIn or Meta (Instagram) that your use of Orsana violates their respective Developer or User Agreements.
3. Breach of Terms: Your violation of these Legal Terms or the representations and warranties set forth herein.
4. Misuse: Any overt harmful act toward any other user of the Services or third-party platform.

15. CONFIDENTIALITY

Orsana will respect the confidentiality of your content disclosed to us exclusively through the platform.

• Public Domain Exception: Confidentiality is not required in relation to content once it is published by you on a public website or social media platform (LinkedIn/Instagram) via the Services.
• General Exceptions: We are not required to maintain confidentiality of content that is already public, rightfully in our possession beforehand, or independently developed by us.
• Security: You agree to use the Services in line with best security practices, including maintaining the strict confidentiality of your login and access credentials.

16. ELECTRONIC DELIVERY POLICY

• Notices by Orsana: You agree that we may provide required notices and information concerning the Services electronically, primarily via the email address associated with your account or through in-app notifications.
• Delivery Failures: Orsana is not responsible for emails "bouncing," being rejected by spam filters, or other delivery failures not directly attributable to us.

17. FORCE MAJEURE

Orsana shall be excused from performance of its obligations if a failure results from causes beyond our reasonable control, including but not limited to: acts of God, pandemic, fire, terrorist attack, war, national emergency, denial of service (DoS) attacks, or large-scale internet/API outages. Performance timelines will be extended proportionally to the delay. Force Majeure incidents shall never result in Orsana providing a refund.

18. MISCELLANEOUS

• 18.1 Modifications of Terms: These Terms may be modified by Orsana from time to time. New versions will be published on our website.
• 18.2 Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and Orsana regarding the Services.
• 18.3 Survival: After termination, clauses regarding intellectual property, due payments, disclaimers, limitations of liability, and jurisdiction shall remain in effect.
• 18.4 Severability: If any provision is found unenforceable, it shall be limited to the minimum extent necessary so that the rest of the Agreement remains in full effect.
• 18.5 Assignment: You may not assign this Agreement without our written consent, except in cases of merger or acquisition. Orsana may assign its rights at any time.
• 18.6 Independent Contractors: No agency, partnership, or joint venture is created by this Agreement.

19. GOVERNING LAW & DISPUTE RESOLUTION

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of France.

To the extent permitted by applicable law, any dispute, controversy, or claim arising out of or relating to these Legal Terms, including the validity, invalidity, breach, or termination thereof, shall be subject to the exclusive jurisdiction of the courts of Strasbourg, France.

20. CONTACT US

Questions? Contact our team at hello@useorsana.com. We will aim to respond within 72h.