Terms and Condition

Last Updated: August 26, 2025

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE.

These Terms and Conditions ("Terms") govern your use of the ReplyTwin software-as-a-service platform (the "Service") provided by SASU Businessdynamite, a company registered in France, located at ZA les terrasses de la Sarre, 57400 SARREBOURG ("Company", "we", "us", "our").

By creating an account, accessing, or using the Service, you ("User", "you", "your") agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

1. Definitions

• Service: The ReplyTwin SaaS platform designed for Instagram influencers, brands, and creators, which provides an AI-powered "digital twin" to engage with their audience.

• AI Twin: The artificial intelligence engine that learns from a User's content to generate responses to comments and direct inquiries.

• User Content: All data, including text, videos, audio, images, and information that you provide, upload, or connect to the Service, including your Instagram content and promotional links.

• Generated Content: Any text, replies, comments, or other data created by the AI Twin on your behalf.

2. Service Description

ReplyTwin provides a platform to create an AI Twin that mimics your communication style to manage community engagement on Instagram. The Service is designed to save time, scale audience engagement, and monetize influence by providing automated, on-brand responses and sharing promotional links. The Service is built on a serverless architecture and utilizes Google's Gemini models.

3. User Account and Responsibilities

• Eligibility: You must be at least 18 years old and have the legal authority to enter into this agreement.

• Account Creation: You will be required to sign up using a passwordless email link via Firebase Authentication. You agree to provide accurate and complete information and to keep this information up to date.

• Instagram Connection: To use the Service, you must grant necessary permissions to connect your Instagram account via the Meta Graph API. You are responsible for maintaining the security of your Instagram account.

• Security: You are solely responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

4. User Obligations and Acceptable Use

• Compliance: You agree to use the Service in compliance with all applicable laws and regulations, including but not limited to, data privacy laws and the terms of service of Meta (Instagram).

• Content Responsibility: You are and shall remain the sole owner of your User Content. You grant us a worldwide, non-exclusive, royalty-free license to use, process, analyze, and store your User Content solely for the purpose of providing and improving the Service.

• Generated Content Validation: YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ALL GENERATED CONTENT. The AI Twin's outputs are probabilistic and may contain errors, inaccuracies, or produce unexpected or inappropriate content. You acknowledge that you must:

  • Thoroughly test and tune the AI Twin's personality and responses using the provided tools, such as the "Test & Tune" chat window.

  • Regularly monitor the AI Twin's activity, including scheduled replies in the "Conversations" tab.

  • Use the "Automation Toggle" to manually approve all replies if you require full control.

  • Review and assume all risks associated with the publication of Generated Content. We bear no responsibility for any Generated Content posted to your Instagram account or elsewhere.

• Prohibited Use: You shall not use the Service to:

  • Generate or disseminate illegal, harmful, hateful, harassing, or fraudulent content.

  • Engage in spamming or any activity that violates Instagram's community guidelines or policies.

  • Infringe upon the intellectual property rights of any third party.

  • Reverse-engineer, decompile, or attempt to extract the source code of the Service.

5. Fees, Subscription, and Payment

• Subscription Plans: The Service is offered under various subscription tiers ("Starter", "Pro", "Custom"). Fees are billed in advance on a recurring basis.

• Billing: All payments are processed by our third-party payment processor, Stripe, via the Stripe Firebase Extension. By subscribing, you agree to Stripe's terms of service.

• Overage: Plans may include a pay-as-you-go model for usage that exceeds the allocated volume.

• No Refunds: All payments are non-refundable. There will be no refunds or credits for partially used periods.

• Taxes: All fees are exclusive of any applicable taxes, levies, or duties, which you are responsible for paying.

6. Affiliate Program

• Enrollment: Users may be eligible to participate in our Affiliate Program, managed via Rewardful.

• Commission: Affiliates will earn a commission of thirty percent (30%) on the pre-tax (HT) subscription fees paid by customers who sign up through their unique affiliate link.

• Payouts: Commissions are subject to approval and are payable according to the terms specified in the affiliate dashboard.

• FORFEITURE OF COMMISSIONS: You must claim your accrued commissions within six (6) months of them becoming payable. Failure to request a payout or provide valid payment information within this six-month period will result in the permanent and irreversible forfeiture of such commissions. We will have no further obligation to you for the forfeited amount.

• Termination: We reserve the right to terminate your participation in the Affiliate Program at any time, for any reason, including suspicion of fraudulent or abusive activity.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

B) THE GENERATED CONTENT WILL BE ACCURATE, RELIABLE, COMPLETE, OR APPROPRIATE.

C) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT THE AI-POWERED NATURE OF THE SERVICE IS INHERENTLY UNPREDICTABLE AND AGREE TO ASSUME ALL RISKS RELATED TO ITS PERFORMANCE AND OUTPUT.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SASU BUSINESSDYNAMITE, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

B) ANY GENERATED CONTENT, INCLUDING ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

C) ANY DAMAGE TO YOUR BRAND, REPUTATION, OR BUSINESS ARISING FROM INACCURATE, INAPPROPRIATE, OR HARMFUL GENERATED CONTENT.

D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

9. Indemnification

You agree to defend, indemnify, and hold harmless SASU Businessdynamite and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) User Content or Generated Content posted via your account.

10. Third-Party Services

The Service integrates with and depends on third-party services, including but not limited to Meta (Instagram), Google (Firebase, Gemini, Cloud Tasks), Vercel, and Hostinger (hosting). We are not responsible for the availability, performance, or security of these third-party services. Your use of these services is subject to their respective terms and policies.

11. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

You may cancel your subscription at any time through the Stripe customer portal. Upon termination, your right to use the Service will immediately cease.

12. Governing Law and Jurisdiction

These Terms shall be governed and construed in accordance with the laws of France, without regard to its conflict of law provisions.

You agree to submit to the exclusive jurisdiction of the Commercial Court of Sarrebourg, France, to resolve any legal matter arising from the Terms.

13. Miscellaneous

• Changes to Terms: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide at least 30 days' notice prior to any new terms taking effect.

• Entire Agreement: These Terms constitute the entire agreement between you and us regarding our Service and supersede and replace any prior agreements we might have had between us.

• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.

14. Contact Us

If you have any questions about these Terms, please contact us at:

SASU Businessdynamite
ZA les terrasses de la Sarre
57400 SARREBOURG
France