Terms of service

1. Who we are and what this document covers

These Terms of service (the “Terms”) govern the subscription to and use of Fountant, a cloud platform to plan, prepare, approve and publish social media content and handle comments and messages with the help of artificial intelligence, provided by:

The Interactive Studio, S.L., tax ID (CIF) B85428746, registered office at C/ Teide, 4, oficina 0.3, 28703 San Sebastián de los Reyes (Madrid, Spain), registered in the Madrid Commercial Registry, Volume 25584, Folio 88, Section 8, Sheet M-461080, 1st entry (“The Interactive Studio”). Contact, including privacy: [email protected].

These Terms are entered into between The Interactive Studio and the agency, business or organization identified when the account was registered (the “Customer”). Fountant is a business-to-business (B2B) service and is not aimed at consumers.

The Data Processing Agreement (“DPA”) forms an integral part of these Terms. On data protection matters, the DPA prevails.

2. Opening the account and statement of the person who opens it

2.1. By creating the account or subscribing to a plan, the person doing so states that: (a) they act on behalf of the Customer and are authorized to represent and bind it; (b) the information provided is true; and (c) they accept these Terms and the DPA on behalf of the Customer.

2.2. The Customer warrants that the people it gives access to as members are adults acting on its behalf.

3. The service

3.1. Fountant provides the features described on fountant.com and in the application, including those the Customer chooses to turn on (for example, the comments and messages inbox or AI generation).

3.2. Publishing and the inbox depend on the social accounts the Customer connects and on each platform’s APIs (Meta for Instagram and Facebook; Google for YouTube). What can be done with each account depends on the permissions the platform grants to that connection; a network appearing in Fountant does not mean all its features are available for every account. A change, limitation or interruption decided by a platform may affect the service without that being a breach by The Interactive Studio.

3.3. The Interactive Studio provides the service with professional diligence and commercially reasonable availability efforts. The service may be temporarily suspended for planned maintenance (announced with reasonable notice) or for force majeure.

3.4. The Interactive Studio may improve or change features provided it does not substantially reduce the essential features contracted.

4. A tool — and what remains the Customer’s responsibility

4.1. Fountant is a tool. The Customer decides what it publishes, what it replies and on which accounts, and is solely responsible for the content it publishes or sends from Fountant, for holding the rights to the copy, images, videos, music and trademarks it uses, and for complying with applicable law (advertising, consumer, intellectual property, data protection) and with each platform’s policies and terms, including those of Meta (Instagram and Facebook) and of Google and YouTube.

4.2. Where the Customer manages third-party accounts (for example, an agency working for its clients), it warrants that it has their authorization to connect those accounts and to publish or reply on their behalf.

4.3. Nothing in the platform or its documentation is legal advice.

5. Artificial intelligence

5.1. Fountant generates and adapts copy (and, later, images) from the brand context the Customer provides. AI output is a suggestion: it is never applied or published on its own, and the Customer must review it before using it. Fountant does not publish or reply with anything substantive without human review.

5.2. AI may produce content that is inaccurate, incomplete or similar to existing content. The Customer is responsible for reviewing and, where needed, correcting what it decides to publish.

5.3. AI memory and context are isolated per organization and brand. Customer data is not used to train our own or third-party models, under the terms of the model providers listed in the subprocessor list.

6. Plans, trial, price and credits

6.1. The price depends on the plan and billing period chosen (monthly or yearly), at the rate shown during checkout. Applicable indirect taxes are shown during checkout.

6.2. 7-day trial. Plans may include a 7-day trial, which requires a payment method. If the Customer does not cancel before the trial ends, the subscription starts and the first period is charged automatically.

6.3. The subscription is paid in advance at the start of each period through Stripe, which processes payments; Fountant never sees or stores card details. The Customer will keep a valid payment method.

6.4. AI credits. Each plan includes an amount of AI credits per period, stated in the plan. Usage rules are shown in the application. A generation that fails does not use credits.

6.5. The Interactive Studio may change prices with at least 30 days’ notice, effective from the next billing period. If the Customer does not agree, it may cancel before the change takes effect.

6.6. As this is a business-to-business service, the right of withdrawal for consumers does not apply.

7. Non-payment and suspension of the service

7.1. If a payment fails, The Interactive Studio will notify the Customer and the charge will be retried during a grace period of at least 7 days.

7.2. If non-payment continues at the end of the grace period, The Interactive Studio may suspend access to the service, including scheduled posts, which will not be published during the suspension, until payment is made. During the suspension, billing and account management, the exercise of data protection rights and the data export in clause 13 remain available.

7.3. If a suspension for non-payment lasts more than 60 days, The Interactive Studio may terminate the contract, which opens the export period in clause 13.

7.4. The service is reactivated once payment is made.

8. Customer accounts, credentials and security

The Customer is responsible for assigning roles and permissions within its organization, for safeguarding its members’ access and for telling The Interactive Studio without delay about any unauthorized use it becomes aware of. The Interactive Studio never asks for passwords by email; access is through one-time codes sent by email or through sign-in with Google, Microsoft or Apple.

9. Prohibited uses

It is prohibited to: (a) publish or send content that is unlawful, misleading, defamatory, infringes third-party rights or breaches platform policies; (b) send spam, unsolicited bulk messages or automated interactions that platforms do not allow; (c) connect accounts without their owner’s authorization; (d) try to access data of other organizations or brands; (e) resell or sublicense the service without a written agreement; (f) reverse engineer it except where permitted by law; (g) introduce malicious content; and (h) overload or circumvent the service’s security measures or usage limits.

The Interactive Studio may stop a piece of content from being published or suspend an account’s access when it has reasonable indications of a prohibited use, informing the Customer.

10. Intellectual property and Customer data

10.1. The platform, its software, trademarks and content belong to The Interactive Studio or its licensors. The Customer receives a non-exclusive, non-transferable licence limited to the term of the contract.

10.2. The data and content the Customer and its members enter or connect belong to the Customer, including AI output the Customer decides to use, to the extent the law allows. The Interactive Studio processes them only to provide the service under the DPA and does not use them for its own purposes or to train artificial intelligence models.

11. Warranties and liability

11.1. The service is provided “as is” within the standards of diligence in clause 3. The Interactive Studio does not guarantee that the service will be uninterrupted or error-free, nor any particular reach, followers, rankings or sales.

11.2. The Interactive Studio’s total aggregate liability to the Customer for any cause is limited to the amount actually paid by the Customer in the 12 months before the event giving rise to it. Indirect damage and loss of profit are excluded.

11.3. These limitations do not apply in case of wilful misconduct or gross negligence, or to liabilities that cannot legally be limited, including data protection liability under art. 82 GDPR as set out in the DPA.

11.4. Indemnity. The Customer will hold The Interactive Studio harmless against third-party claims (including platforms, rights holders and authorities) arising from content the Customer publishes or sends, from connecting accounts without authorization, or from the Customer’s breach of its legal obligations or of these Terms. This indemnity covers damages, penalties and reasonable defence costs actually borne by The Interactive Studio, without prejudice to its liability for its own breaches under the DPA.

12. Term, renewal and cancellation

12.1. The subscription lasts for the chosen period (monthly or yearly) and renews automatically for equal periods. The Customer can cancel at any time from the Stripe customer portal, available under Settings → Plan and billing, effective at the end of the current period; unless required by law, periods already started are not refunded.

12.2. After cancellation, posts scheduled for after the end of the period will not be published.

13. Return of data

13.1. After termination, the Customer has an export period of 90 days to obtain its data in a structured, commonly used format. The Interactive Studio provides the export through the platform or, at the Customer’s request, through a secure channel.

13.2. On termination, the tokens of connected social accounts are revoked or deleted. Content already published on the platforms remains there and is managed by the Customer.

13.3. Once the export window ends, The Interactive Studio deletes the data as set out in the DPA and issues a deletion certificate on request.

14. Changes to these Terms

The Interactive Studio may change these Terms and the DPA. New versions are notified to the organization’s administrators and published with their date. If the Customer does not wish to accept the new version, it may terminate the contract before it takes effect, with the right to the export in clause 13; using the service after it takes effect means accepting it.

15. Notices

Relevant notices will be sent to the email of the organization’s administrators and/or shown in the application. The Customer will keep that address up to date.

16. General

16.1. The Customer may not assign the contract without The Interactive Studio’s consent; The Interactive Studio may assign it within its group or in a business succession, keeping the DPA’s safeguards.

16.2. If any clause is held void, the rest remains valid.

16.3. These Terms, together with the DPA and the specific conditions of the checkout process, are the entire agreement. The Spanish version prevails over its translations.

16.4. Law and jurisdiction: Spanish law; for any dispute, the parties submit to the courts of the city of Madrid, without prejudice to applicable mandatory rules.