Terms of Service - User Agreement

1. Acceptance of Terms

By accessing or using Overvisual ("Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use our service. If you use the Service on behalf of a company or a client, you confirm that you are authorized to accept these terms for them.

2. Description of Service

Overvisual is a software-as-a-service platform for planning, creating, and publishing social media content. It provides:

An AI agent that suggests ideas, writes captions, and designs posts, carousels, and stories in your brand style
Access to the same agent from third-party AI tools such as Claude, ChatGPT, or Cursor through the Model Context Protocol (MCP)
A design editor, layout library, and brand profiles that store your colors, fonts, logos, and products
A content calendar with drafts, approvals, and scheduling
Publishing to connected social media accounts on Instagram, Facebook, TikTok, LinkedIn, Pinterest, and YouTube
Performance analytics for published posts
Team workspaces, client approval links, tasks, and notes on plans that include them

Content created by the Service is a draft until you approve it. Nothing is published to your social accounts without an approval or a scheduling action by you or a person you authorized.

3. User Accounts and Authentication

3.1 Account Creation

To use our service, you must:

Provide accurate and complete registration information
Be at least 16 years old (or 13 with verifiable parental consent)
Have the legal capacity to enter into these terms
Use only one account per person (multiple accounts are prohibited)
Not impersonate others or provide false information

3.2 Authentication Methods

We offer the following authentication methods:

Email and password: You create a password when you sign up and can reset it by email at any time.
Magic link (email): We send a one-time login link to your email address. Links expire after a short time for security.
Google: You can sign in with your Google account. By using this method, you authorize us to receive your email address and name from Google for account creation and authentication.

3.3 Account Security

You are responsible for:

Keeping your password, your email account, and your Google account secure
Not sharing magic links, API keys, or agent connections with others
Notifying us immediately of any unauthorized access at info@overvisual.com
All activities that occur under your account, including actions taken by AI agents you connected

3.4 Account Termination

We reserve the right to suspend or terminate accounts that violate these terms, engage in fraudulent activity, or pose security risks. You may close your account at any time by contacting us at info@overvisual.com.

4. Third-Party Services and Connections

4.1 Google Sign-In

You agree to Google's Terms of Service and Privacy Policy
We are not responsible for Google's services, policies, or any issues with Google authentication
If Google becomes unavailable, you can still access your account with your password or a magic link
We do not receive your Google password or have access to your full Google account

4.2 Connected Social Media Accounts

To publish content, you connect your social media accounts through our publishing partner, Post for Me. When you do so:

You confirm that you own the account or are authorized by its owner to publish on it
You authorize us to publish the content you approve or schedule, and to read performance metrics of posts published through the Service
You remain bound by the terms and community guidelines of each platform (Meta, TikTok, LinkedIn, Pinterest, Google)
Platforms may reject, delay, or remove posts, change their APIs, or disconnect accounts. We are not responsible for these actions
You can disconnect an account at any time in the app or in the platform's settings

4.3 AI Agents and API Access

You can connect third-party AI tools to Overvisual through MCP or an API key. When you do so:

You choose which brands the connection may access and can revoke it at any time in settings
Actions performed through the connection count as your actions, including credit usage and approvals
Your conversations with the third-party tool are governed by that tool's terms, not ours
You must keep API keys confidential and must not share a connection with people who are not members of your workspace

5. Acceptable Use

You agree not to use the service to:

Upload photos, videos, logos, or other material you do not have the right to use
Create or publish content that is illegal, harmful, misleading, defamatory, or violates others' rights
Publish content that violates the rules of the social platform it is published to
Impersonate a brand or person, or connect social accounts you are not authorized to manage
Send spam, run phishing campaigns, or automate abusive volumes of requests through agents or the API
Attempt to reverse engineer, scrape, or compromise the Service or the AI models behind it
Share, resell, or sublicense your account or your agent connections
Violate any applicable laws or regulations

6. Intellectual Property

Your Content: You retain ownership of the photos, videos, text, and brand assets you upload. You grant us a limited license to store, process, display, and transmit this content as needed to provide the Service, including sending it to the AI providers and social platforms you use through Overvisual.

Generated Content: To the extent permitted by law, you own the captions, designs, and plans generated for you. AI output is not unique: similar output may be generated for other customers. You are responsible for reviewing generated content before you publish it.

Stock Assets: Stock photos, illustrations, and icons offered inside the Service come from third-party libraries such as Pexels, Freepik, and the Noun Project and remain subject to their licenses. They may be used in content you create with Overvisual and may not be downloaded for other purposes or resold.

Our IP: The Overvisual platform, software, layouts, templates, and related intellectual property remain our exclusive property.

7. Subscription, Billing, and Consumer Rights

7.1 Trial

New customers can start a paid trial of a plan for a small one-time fee shown at checkout
The trial gives access to the selected plan for the number of days shown at checkout
When the trial ends, the subscription continues automatically at the plan's regular price unless you cancel before the trial ends
Credits used during the trial are counted against the plan's monthly credits

7.2 Billing Terms

Subscription fees are billed in advance on a monthly or annual basis
All payments are processed securely through Stripe
You may cancel your subscription at any time through account settings
Cancellation takes effect at the end of your current billing period
Each plan includes a monthly amount of credits. Creating designs, generating AI images, and using stock photos consume credits at the rates shown in the app
Credits included in your subscription plan are valid only for the current monthly credit period. At the end of that period, unused credits expire and do not roll over to the next month
Extra credits you purchase are added to your balance for the monthly credit period in which they are purchased and remain valid only until the end of that period. Unused extra credits do not roll over to the next month
Brand, team seat, and feature limits apply based on your subscription plan
Price changes will be communicated 30 days in advance
All prices are quoted in the currency specified at checkout. VAT is added where required by law

7.3 Refund Policy

We offer a 14-day money-back guarantee for first-time subscribers
Refund requests must be submitted to info@overvisual.com within 14 days of initial purchase
Refunds are not available for renewals or after 14 days from initial purchase
Processing time for refunds is 5-10 business days

7.4 UK Consumer Rights

If you are a consumer in the United Kingdom:

You have a 14-day cooling-off period under the Consumer Contracts Regulations 2013
By using the service during this period, you acknowledge you're requesting immediate service delivery
Digital content must be of satisfactory quality under the Consumer Rights Act 2015
These terms do not affect your statutory rights as a consumer
Nothing in these terms limits our liability for death or personal injury caused by negligence

7.5 Canadian Consumer Rights

If you are a consumer in Canada, provincial consumer protection laws may apply in addition to these terms. Nothing in these terms limits rights provided by applicable Canadian federal or provincial consumer protection legislation.

8. Service Availability and AI Disclaimers

We strive to maintain 99.9% uptime but cannot guarantee uninterrupted service. We may perform maintenance, updates, or suspend service as needed.

AI Disclaimers: Captions, designs, plans, images, and analytics summaries are produced by generative AI models operated by third parties such as OpenAI, Anthropic, and Google. AI output can be inaccurate, incomplete, or inappropriate for your audience. You are responsible for reviewing every post before approving it, including claims about products, prices, discounts, and legal or medical statements.

Scheduled Publishing: Once you approve and schedule a post, it is published automatically at the chosen time. Publishing depends on the social platforms and our publishing partner being available. We do not guarantee that a post is published at the exact time, or at all, if a platform rejects it or an account is disconnected.

9. Data and Privacy

Your privacy is important to us. Our data collection and usage practices are detailed in our Privacy Policy, which is incorporated into these terms by reference. By using our service, you consent to data processing as described in the Privacy Policy. If you add client information, team members, or approval link recipients, you are responsible for having the right to share their data with us.

10. Email Communications

By signing in or creating an account, you agree to receive the following email communications from Overvisual:

Transactional emails: Account-related notifications such as login links, password resets, approval requests, publishing failures, subscription confirmations, and billing receipts
Product updates: Information about new features, improvements, and changes to the service
Educational content: Tips, tutorials, and best practices to help you get the most out of Overvisual
Marketing communications: Occasional promotional offers and announcements

You can unsubscribe from marketing and educational emails at any time by clicking the "Unsubscribe" link included in every email, or by contacting us at info@overvisual.com. Transactional emails necessary for the operation of your account cannot be opted out of while your account is active.

11. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED CONTENT
REACH, ENGAGEMENT, SALES, OR ANY OTHER RESULT OF PUBLISHED CONTENT
UNINTERRUPTED OR ERROR-FREE OPERATION

UK/Canadian Consumers: Nothing in this section excludes or limits liability for death or personal injury caused by negligence, fraud, or other liabilities that cannot be excluded by law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OVERVISUAL SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
DAMAGES ARISING FROM THIRD-PARTY SERVICES (GOOGLE, STRIPE, SOCIAL PLATFORMS, AI PROVIDERS, ETC.)
CONSEQUENCES OF CONTENT YOU APPROVED AND PUBLISHED

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE PRECEDING 12 MONTHS.

UK/Canadian Consumers: This limitation does not apply to liability for death or personal injury caused by negligence, fraud, or other liabilities that cannot be limited by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Overvisual and its affiliates from claims, damages, and expenses (including legal fees) arising from: (a) your use of the service, (b) violation of these terms, (c) infringement of third-party rights, (d) content you upload, approve, or publish, or (e) social accounts you connected without authorization.

14. Termination

Either party may terminate these terms at any time. You may cancel your subscription through account settings. We may suspend or terminate your account for violations of these terms, non-payment, or fraudulent activity with reasonable notice. Upon termination, your right to use the service ceases immediately, scheduled posts that have not been published are cancelled, and provisions relating to intellectual property, disclaimers, and limitations of liability survive.

15. Governing Law and Dispute Resolution

15.1 Governing Law

Overvisual is operated by Iamjunior, MB, a company registered in Lithuania. These terms are governed by the laws of the Republic of Lithuania, except as follows:

UK Users: For consumers in the United Kingdom, you benefit from mandatory consumer protection provisions under UK law, and nothing in these terms affects those rights.
Canadian Users: For consumers in Canada, you benefit from mandatory consumer protection provisions under applicable Canadian federal and provincial laws.

15.2 Dispute Resolution

Before initiating formal proceedings, we encourage you to contact us at info@overvisual.com to resolve disputes informally.

Jurisdiction:

Business Users: Disputes will be resolved exclusively in the courts of Vilnius, Lithuania.
UK Consumer Users: You may bring proceedings in UK courts. We may bring proceedings against you only in UK courts.
Canadian Consumer Users: You may bring proceedings in courts of your province of residence. We may bring proceedings against you only in courts of your province.

16. Changes to Terms

We may modify these terms from time to time to reflect changes in our practices, legal requirements, or service features. Material changes will be communicated via email or through a prominent notice on our service at least 30 days before they take effect. Your continued use of our service after changes become effective constitutes acceptance of the updated terms. If you do not agree to changes, you may terminate your account.

17. Miscellaneous

Entire Agreement: These terms, together with our Privacy Policy, constitute the entire agreement between you and Overvisual.
Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
No Waiver: Our failure to enforce any right does not constitute a waiver of that right.
Assignment: You may not assign these terms. We may assign our rights and obligations to affiliates or in connection with a business transfer.
Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.

18. Contact Information

For questions about these terms, contact us at:

Company: Iamjunior, MB
Email: info@overvisual.com
Address: Architektų g. 58-67, LT-04111 Vilnius, Lithuania
Website: www.overvisual.com