Terms of Service

1. Who we are

PAPS STUDIO is the marketing services and technology arm of Opperator AI FZCO, a company licensed by the International Free Zone Authority (IFZA) in Dubai, United Arab Emirates, with its registered office at IFZA Business Park, Dubai Silicon Oasis, Dubai, United Arab Emirates. For every legal, privacy, security, billing or support matter, write to support@paps-studio.com. We answer within one working day.

2. Definitions

In these Terms the following words have the meaning given here.

• Client: the business, organisation or professional that orders Services from us or opens an account on the Platform.
• User: any person who uses the Website or the Platform, including the Client's staff and any person we authorise to act for the Client.
• Connected Account: a social media, messaging, advertising, business listing or email account of the Client that the Client links to the Platform through the official authorisation flow of the relevant provider.
• Provider: a third party whose products we connect to, including Meta Platforms (Facebook, Instagram, Threads and WhatsApp), TikTok, X, LinkedIn, Pinterest and Google (YouTube and Google Business Profile) and Google Workspace.
• Platform Data: any data we receive from a Provider through its API or tools, including content, comments, messages, profile data, audience statistics, insights and advertising data.
• Client Content: raw footage, images, text, brand assets, product data, customer lists, scripts and any other material the Client gives us or uploads to the Platform.
• Deliverables: the finished content, videos, posts, websites, landing pages, campaigns, reports and other outputs we produce for the Client under an Order.
• Order: the proposal, quote, subscription plan, statement of work or online checkout that describes the Services, deliverables, timeline and fees agreed with the Client. The Order forms part of these Terms.
• Community Manager: the person, at the Client or at PAPS STUDIO, who is responsible for a Connected Account in the Platform, approves its posts and answers its comments, mentions and messages.

3. Eligibility and business use

The Services and the Platform are offered to businesses, organisations and professionals. You must be at least 18 years old and able to enter into a binding contract. The Website may be visited by anyone, but it is not directed at children and we do not knowingly collect their data.

Where you are a consumer under the mandatory law of your country of residence, nothing in these Terms limits the rights that law gives you. In that case the consumer protections of your country apply in addition to these Terms and prevail where they conflict.

4. The Services

We provide, as described in the applicable Order:

• Social media management: market and channel analysis, strategy, content creation, scheduling and native publishing on the Connected Accounts, answering comments and direct messages, community management and reporting.
• Video editing: turning long form footage into finished long form and short form deliverables, including timelines, motion graphics, captions, thumbnails and per network formats, by our editors, using the editing templates we build for each Client.
• Websites and landing pages: design, development, hosting handover and maintenance of websites, landing pages and free tools, including search engine readiness where agreed.
• Advertising: planning, creation, daily refinement and reporting of paid campaigns on Meta, Google, TikTok, LinkedIn or other networks, always inside advertising accounts owned by the Client.
• The Platform: our proprietary social media platform, made available as a service for the duration of the Order, where the Client connects its social media and messaging accounts, plans posts on a calendar, approves every post before it is published, and sees in one inbox the comments, mentions and direct messages that need an answer. Every answer is written by a person: the Client or the Community Manager responsible for the account.

Scope, deliverables, timelines, revisions and fees are those written in the Order. Anything not written in the Order is not included. We may improve, change or retire features of the Platform at any time, and we will give reasonable notice before removing a feature that a paying Client relies on.

5. Accounts and security

To use the Platform you create an account with a business email address. You are responsible for keeping your credentials confidential, for every action taken under your account, and for making sure that the people you invite are authorised to act for the Client. Tell us at once at support@paps-studio.com if you believe an account has been compromised.

We may suspend an account that is used in breach of these Terms, that puts the security of the Platform or of a Provider at risk, or where a Provider requires us to do so.

6. Connected Accounts and Provider terms

The Platform connects to Connected Accounts only through the official authorisation flows (OAuth or equivalent) and the official APIs and business tools of each Provider, using the permissions (scopes) that you approve during the connection. We never ask for, store or use your Provider passwords.

By connecting an account you confirm that you own the account or are authorised by its owner to connect it, that you have the rights needed for us to act on it, and that you will comply with the terms and policies of the Provider. You can revoke our access at any time from the Provider's security or connected apps settings, or by disconnecting the account in the Platform. Revocation stops all further access immediately.

Your use of each Provider through the Platform is also subject to that Provider's terms, which you accept when you connect the account, including in particular: the Meta Terms of Service, Meta Platform Terms, Instagram Terms of Use, Threads Terms and WhatsApp Business Terms and Business Messaging Policy; the TikTok Terms of Service and TikTok for Developers terms; the X Terms of Service and Developer Agreement; the LinkedIn User Agreement and API Terms of Use; the Pinterest Terms of Service and Developer Guidelines; the YouTube Terms of Service (https://www.youtube.com/t/terms) and the Google Terms of Service, Google APIs Terms of Service and Google API Services User Data Policy, including for Google Business Profile. We are not a partner, agent or affiliate of any Provider and each Provider may change, restrict or withdraw its API at any time.

We use Platform Data only to provide the Services to the Client whose Connected Account produced it, as described in our Privacy Policy. We do not sell Platform Data, do not use it for advertising on behalf of third parties, do not build profiles unrelated to the contracted Services, and do not use it to develop, train or improve any artificial intelligence or machine learning model.

7. Client responsibilities and content standards

The Client is responsible for the lawfulness of Client Content, of the instructions it gives us and of the way it uses the Deliverables and the Platform. In particular the Client confirms and agrees that:

• it owns or holds the licences, releases and consents needed for the Client Content, including rights in music, footage, images, trademarks and the likeness of the people who appear in it;
• the content it publishes or asks us to publish complies with the community guidelines, advertising policies, branded content rules and disclosure rules of each Provider and with the advertising, consumer protection and sector rules of every country it targets;
• it will not use the Services or the Platform for unlawful, deceptive, infringing, discriminatory, hateful, harassing, sexually explicit, violent or harmful content, for spam, for engagement manipulation, for fake reviews, for scraping, or for surveillance of any person;
• it will collect valid opt-in consent, keep records of it and honour opt-outs before any message is sent through WhatsApp or by email, in line with the WhatsApp Business Messaging Policy, the GDPR, the ePrivacy rules, the US TCPA and CAN-SPAM Act, Canada's CASL and the equivalent laws of every country of its recipients;
• it will inform its own customers, through its own privacy notice, that PAPS STUDIO processes their data on its behalf, and it will obtain any consent that its own law requires;
• it will not attempt to gain unauthorised access to the Platform, reverse engineer it, resell it, or use it to build a competing product.

We may decline, pause or remove content, campaigns or automations that in our reasonable opinion breach these standards or a Provider policy, and we will tell you why.

8. How the Platform works: approvals, calendar and inbox

The Platform is a tool for people. The Community Manager drafts each post, places it on the posting calendar and submits it for approval. Nothing is published until the Client, or the person the Client has authorised, approves it in the Platform. Approved posts are published on the Connected Accounts at the scheduled time through the official API of each Provider.

Comments, mentions, reviews and direct messages received on the Connected Accounts are shown in the Platform inbox so that nothing is missed. Each one is read and answered by a person, the Client or the Community Manager, who writes the reply in the Platform. The Platform contains no artificial intelligence, no automated replies, no chatbots and no automated decision-making. It does not generate content, does not answer anyone by itself and does not publish anything without a prior human approval.

The Client remains responsible for the content it approves and for the answers it or its Community Manager give, in particular prices, legal, medical or financial statements and promises made to customers.

9. Advertising services

Paid campaigns run inside advertising accounts owned by the Client, who pays the media spend directly to the advertising platform. Our fees cover the management of the campaigns and never include media spend. The Client keeps the campaign data and account access at the end of the engagement. Advertising platforms decide on approvals, delivery and account standing, and those decisions are outside our control.

10. Fees, billing and taxes

Fees are those stated in the Order, in United States dollars unless the Order says otherwise. Subscriptions are billed in advance, renew automatically for the same period and can be cancelled in writing for the following period. One-time projects are invoiced as set out in the Order, usually a deposit on signature and the balance on delivery. Invoices are due on receipt unless the Order gives payment terms.

Fees exclude VAT, sales tax, withholding and other taxes, which are added or deducted as the law requires. Late payments may be charged interest at the lower of 1% per month or the maximum allowed by law, and we may pause the Services until the account is settled. Fees already paid are not refunded, except where the law of your country grants a refund right or where the Order provides one.

11. Intellectual property

Client Content stays the property of the Client. The Client grants us a worldwide, non-exclusive, royalty-free licence to host, copy, edit, adapt, publish and transmit Client Content to the extent needed to provide the Services and to operate the Platform, for the duration of the engagement and for the retention period described in our Privacy Policy.

Deliverables are assigned to the Client upon full payment of the fees for them, with the exception of: third party elements (fonts, stock footage, music, software libraries), which remain under their own licences; and our pre-existing and general purpose tools, templates, code, methods and know-how, which remain ours and which we licence to the Client as part of the Deliverables on a non-exclusive basis.

The Platform, the PAPS STUDIO name, marks, logos and this Website are our property or used under licence. Nothing in these Terms transfers them. If you send us ideas or feedback about the Platform we may use them without obligation.

The Client may show finished Deliverables as its own work. Unless the Client objects in writing, we may name the Client and show the Deliverables in our portfolio and case studies after they have been published.

12. Confidentiality

Each party will keep the other party's non-public business, technical and financial information confidential, use it only for the purpose of the engagement and protect it with reasonable care. This duty does not apply to information that is public through no fault of the receiving party, was already known to it, or must be disclosed by law, in which case the receiving party will give notice where allowed. This duty lasts for five years after the engagement ends.

13. Data protection

Our Privacy Policy, published on this Website, explains what personal data we process, why, for how long and what rights people have. For personal data that we process on the Client's behalf (its community, customers, leads and contacts) the Client is the controller and we are the processor. We process that data only on the Client's documented instructions, keep it confidential, protect it with appropriate security measures, help the Client respond to data subject requests, and delete or return it at the end of the engagement.

A Data Processing Agreement that meets Article 28 of the GDPR and the UK GDPR, with the Standard Contractual Clauses and the UK International Data Transfer Addendum for transfers, is available on request at support@paps-studio.com and forms part of these Terms for Clients that require it.

14. Third party services

The Services depend on Providers and on other third party services such as hosting, email and calendar booking. We choose them with care and contract them under their business terms, but we do not control them. We are not responsible for their availability, changes, outages, rate limits, policy decisions, account restrictions or errors, and we may need to change the way a Service works when a Provider changes its API or policy.

15. Suspension and termination

Either party may end an Order for material breach that is not cured within fourteen days of written notice, and at once if the other party becomes insolvent. Subscriptions may be cancelled for the next period as described in section 10. We may suspend or end access where required by law or by a Provider, or where continued use threatens the security of the Platform.

On termination: fees for work completed are invoiced pro rata; access to the Platform ends; we revoke all Connected Account authorisations and delete the tokens; the Client may export its data from the Platform during the thirty days after termination; we delete Client Content and Platform Data within thirty days after that, except copies we must keep by law and copies in encrypted backups that are purged within ninety days; and each party returns or deletes the other's confidential materials on request.

16. Warranties and disclaimers

We will provide the Services with reasonable skill and care and in line with the Order. Social platforms change their products, ranking systems, advertising rules and policies at any time. We apply current best practice, but we do not guarantee any specific reach, engagement, follower growth, ranking, leads, sales or revenue, nor uninterrupted or error-free operation of the Platform.

Except as expressly stated in these Terms and to the extent permitted by law, the Website, the Platform and the Services are provided as they are, and we exclude all other warranties, whether express or implied, including fitness for a particular purpose.

17. Limitation of liability

To the maximum extent permitted by law, our total liability arising out of or in connection with the Services, the Platform and the Website in any twelve month period is limited to the fees paid by the Client to us for the Services in that period. We are not liable for indirect or consequential loss, loss of profit, revenue, business or goodwill, loss or corruption of data, or Provider decisions such as account restrictions, content removal or advertising rejections.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot be excluded under the law that applies to you.

18. Indemnity

The Client will defend and indemnify us against third party claims, fines and reasonable costs that arise from Client Content, from instructions the Client gave us, from messages sent to people who had not consented, or from the Client's breach of a Provider policy or of these Terms, except to the extent we caused the claim.

19. Governing law and disputes

These Terms are governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai. The courts of Dubai have jurisdiction over any dispute, without prejudice to the mandatory rights of consumers to bring or defend proceedings in the courts of their own country of residence.

Before starting proceedings, each party agrees to try to resolve the dispute in good faith by writing to the other, and to give the other party thirty days to respond. Consumers in the European Union and the United Kingdom may also refer a dispute to an alternative dispute resolution body recognised in their country; we take part where the law requires it and, in other cases, will tell you within the thirty days whether we agree to take part.

20. General

We may update these Terms. The current version is always published on this page with its date, and material changes to an active Order are notified to the Client by email at least thirty days before they take effect. If you do not agree to a change you may end the Order before it takes effect. If any provision of these Terms is found invalid, the rest remains in force. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them to a successor of our business. These Terms, the Order, the Privacy Policy and the Data Processing Agreement (where signed) are the entire agreement between us on their subject matter.

Notices to us: support@paps-studio.com. Notices to you: the email address of your account or Order.