Aovyx Studio

Terms of Service

Effective Date: May 30, 2026 Last Updated: May 30, 2026

These Terms of Service ("Terms") form a binding agreement between you ("you," "your," or "User") and Aovyx Studio, operated by Marc Garcia as a sole proprietor based in California, United States ("we," "us," "our," or the "Service"), governing your use of the social media management application accessible at aovyxstudio.com.

By creating an account or using the Service, you agree to these Terms and our Privacy Policy at /privacy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent that you meet this requirement.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Your Account

2.1 Account Creation

You must provide accurate information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.

2.2 Connected Social Media Accounts

You may connect third-party social media accounts (Facebook Pages, Instagram, and others as supported). By connecting an account, you authorize Aovyx Studio to access and act on that account on your behalf in accordance with the permissions you grant during the OAuth flow.

You represent that you have full authority to connect each account and to publish content from it. You are responsible for complying with each platform's terms of service when using the Service to publish content.

2.3 Account Security

Notify us immediately at marc@aovyxstudio.com if you suspect unauthorized access to your account.

3. Acceptable Use

You agree not to use the Service to:

  • Violate any law, regulation, or third-party right
  • Publish content that is unlawful, infringing, defamatory, harassing, discriminatory, threatening, fraudulent, deceptive, or sexually explicit involving minors
  • Spam or send unsolicited messages
  • Reverse engineer, scrape, or attempt to extract source code from the Service
  • Interfere with or disrupt the Service or its infrastructure
  • Use the Service to compete with us
  • Misrepresent your identity or impersonate others
  • Bypass rate limits, authentication, or any technical restriction
  • Use the Service in violation of any connected social media platform's terms (including Meta Platform Terms, Instagram Platform Policy, and others)

We may suspend or terminate your account for violations of this section without notice.

4. Your Content

4.1 Ownership

You retain all rights to the content you upload, create, or generate using the Service ("Your Content"), including media files, text, captions, and AI-generated drafts you edit and publish.

4.2 License to Operate the Service

You grant us a limited, non-exclusive, royalty-free license to use, process, store, transmit, and display Your Content solely to provide and operate the Service for you. This includes:

  • Storing your content in our database and storage systems
  • Transmitting your content to AI providers to generate suggestions
  • Transmitting your content to social media platforms when you authorize publishing
  • Analyzing your historical posts to improve AI suggestions for your account

This license terminates when you delete the content or your account, except as needed for backups, dispute resolution, or legal compliance.

4.3 Your Responsibility for Content

You are solely responsible for Your Content, including ensuring you have all necessary rights to upload, generate, and publish it. We do not pre-screen content and do not endorse or take responsibility for it.

If you receive a takedown notice, copyright claim, or other complaint related to content you published through the Service, you are responsible for responding to it.

5. AI-Generated Content

The Service uses third-party AI to generate suggested captions, hashtags, and other content based on your inputs.

  • AI outputs are suggestions only. You are responsible for reviewing and approving all content before it is published.
  • AI may occasionally produce inaccurate, biased, or unexpected output. We do not warrant the accuracy, originality, or suitability of AI-generated content.
  • Once you approve and publish AI-generated content, it becomes Your Content under Section 4, with all associated responsibilities.
  • AI providers process your inputs subject to their own terms; see our Privacy Policy for details.

6. Service Availability

We strive to keep the Service operational, but we do not guarantee uninterrupted availability. The Service may be unavailable due to maintenance, technical issues, or events outside our control. We may modify, suspend, or discontinue features at any time. For material changes that materially reduce functionality, we will provide reasonable notice when possible.

7. Third-Party Services

The Service depends on third-party platforms (Meta, AI providers, hosting providers). We are not responsible for changes, outages, or policy changes from these third parties that affect the Service. If a third-party platform revokes your access tokens, suspends your account, or changes its API, the affected functionality may stop working.

8. Pricing and Payment

The Service is currently offered at no charge during early development. We may introduce paid plans in the future with reasonable notice. If we do, your continued use of the Service after the changes take effect constitutes acceptance of the new pricing.

9. Account Termination

9.1 Termination by You

You may delete your account at any time through the Service settings or by emailing marc@aovyxstudio.com. See our Data Deletion Policy at /data-deletion.

9.2 Termination by Us

We may suspend or terminate your account at any time if:

  • You violate these Terms or our Acceptable Use policy
  • Your use poses a security or legal risk
  • A connected platform requires us to suspend the account
  • We discontinue the Service

When practical, we will provide notice and an opportunity to cure violations before termination.

9.3 Effect of Termination

On termination, your right to use the Service ends. We will initiate deletion of your data per our Privacy Policy. Sections that should reasonably survive termination (ownership, disclaimers, limitation of liability, governing law, dispute resolution) will survive.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

WE DO NOT WARRANT THAT:

  • The Service will be uninterrupted, error-free, or secure
  • AI-generated content will be accurate, original, or appropriate for any purpose
  • The Service will meet your specific requirements
  • Defects will be corrected

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AOVYX STUDIO AND MARC GARCIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED THE GREATER OF: (a) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (b) ONE HUNDRED US DOLLARS ($100).

Some jurisdictions do not allow these limitations; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Aovyx Studio and Marc Garcia from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your Content
  • Your violation of these Terms
  • Your violation of any third-party right or applicable law

13. Governing Law and Disputes

These Terms are governed by the laws of the United States and the State of California, without regard to conflict of law principles.

Any dispute will be resolved in the state or federal courts located in California, and you consent to the jurisdiction of those courts.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or through a notice in the Service at least 14 days before the changes take effect. Your continued use after that date constitutes acceptance.

15. Miscellaneous

  • Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and us regarding the Service.
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
  • No Waiver: Our failure to enforce any right is not a waiver of that right.
  • Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a business transfer.
  • Contact: marc@aovyxstudio.com

By using Aovyx Studio, you acknowledge that you have read and agree to these Terms.