Terms of Service
These Terms of Service (the “Terms”) are a contract between you and Fuxet Olivier EI, a French sole proprietorship (entrepreneur individuel) trading as “Twist Labs”, SIREN 807437645, SIRET 80743764500037, located at 8 Bis Rue Abel, 75012 Paris, France (“SayPage”, “we”, “us”), which operates the SayPage service. They apply together with our Privacy Policy and with the Data Processing Annex at the end of these Terms.
You accept these Terms when you create your account. You can save or print them at any time from this page. If you do not accept them, do not use SayPage.
1. About these Terms
1.1. These Terms govern your use of SayPage: the saypage.ai website, the SayPage connector and skills used by AI assistants, the pages hosted on saypage.page, and the Instagram features.
1.2. The contract between you and SayPage is made up of these Terms (including their Annex) and the Privacy Policy. If you subscribe to a paid plan, the conditions shown to you when you subscribe also apply and prevail on their subject matter.
2. Definitions
- Account: your SayPage account and everything attached to it.
- AI assistant: any software you connect to your Account to send Requests, such as Claude (Anthropic) or ChatGPT (OpenAI), or any other client of the Connector.
- Connector: the programming interface (a Model Context Protocol server) through which AI assistants send Requests to SayPage.
- Skills: the written instructions and guides we provide to AI assistants to explain how to use the Connector, including the page guide.
- Request: any instruction SayPage receives with your Account’s credentials, whether it comes from an AI assistant, from saypage.ai or from any other software you have authorized.
- Your Content: everything you or your AI assistant put into SayPage, or publish or send through it: pages (text, code and design), images, site address, automation settings and messages, keywords, links, comment replies, captions and Instagram posts.
- Page: a web page stored by SayPage and, once published, displayed on your Site.
- Site: your address on saypage.page (for example yourname.saypage.page) and the Pages published on it.
- Instagram Account: an Instagram professional account you connect to SayPage.
- Instagram Actions: what SayPage does on an Instagram Account at your Request or through an Automation: sending messages; replying to, hiding or deleting comments; publishing posts and stories; reading posts, comments and statistics.
- Automation: a comment-to-message rule you set up on an Instagram Account (section 8).
- Follower: anyone who interacts with an Instagram Account, for example by commenting on a post or sending it a message, whether or not they follow it.
- Visitor: anyone who views a Page.
- Professional user: a user who uses SayPage for purposes related to their trade, business, craft or profession, including as an independent creator. Consumer: an individual who uses SayPage for purposes outside any such activity.
3. Who can use SayPage
3.1. You must be at least 18 years old and have the legal capacity to enter into this contract.
3.2. If you use SayPage on behalf of a company, a brand or another person, you confirm that you are authorized to bind them. “You” then means both you and them, and both are responsible under these Terms.
3.3. SayPage is designed for creators, freelancers, brands and businesses who use it for their professional activity, for example to present their work, promote their products or services, or grow their audience. By accepting these Terms, you confirm that you use SayPage for your professional activity. If you use it as a consumer instead, the law gives you additional rights, described in section 21, which apply notwithstanding anything else in these Terms.
3.4. You may not use SayPage if we have closed or banned one of your accounts, or if the law prohibits you from using it.
4. What SayPage is, and what it does on its own
4.1. SayPage provides tools:
- the Connector and the Skills, which let an AI assistant create, preview, publish and manage Pages and Automations, and act on an Instagram Account;
- the hosting of Pages and images on your Site;
- Automations;
- the saypage.ai website, where you manage your Account, connect Instagram and upload images, and where anyone can report a Page.
4.2. SayPage acts on Requests. It does not choose, write or edit what you publish. It does not publish a Page, reply to a comment, send a message or post on Instagram unless a Request tells it to. The only things SayPage does without a Request are:
- running the Automations you have activated. When someone comments the keyword you chose on the post you chose, SayPage sends the messages, buttons and links you set up, posts the public reply you set up, checks whether the person follows you if you asked it to, and sends the link again when the person taps a button again. It does so until you pause or delete the Automation;
- the operations needed to run and secure the service: automated checks before publication, re-encoding of images, counting Page visits, retrying failed operations, deleting expired data, and the moderation measures (section 11);
- sending you service emails, for example about a decision concerning one of your Pages.
4.3. For your Pages and images, SayPage is a hosting service within the meaning of article 6 of the EU Digital Services Act (Regulation (EU) 2022/2065): it stores and displays information you provide. It is not the author, editor or publisher of Your Content. The only changes it makes are technical: re-encoding and resizing images, standardizing the HTML code, isolating each Page in a security sandbox, and adding the “Made with SayPage” badge and its report link. SayPage has no general obligation to monitor Your Content.
4.4. SayPage provides a technical service. It does not give legal, tax, marketing or any other advice, and it does not promise any result, such as audience, reach, engagement, sales or income.
4.5. We provide SayPage with the care of a diligent professional. Our obligations are obligations of means (best efforts), subject to section 21 for consumers.
5. Your Account and your Requests
5.1. Keep your sign-in methods secure and your details accurate. Tell us immediately at hello@saypage.ai if you think someone else has accessed your Account.
5.2. When you connect an AI assistant or other software to your Account, you give it access to your whole Account: it can do everything that can be done through the Connector. You can withdraw that access at any time from the settings of that software.
5.3. Every Request made with your Account’s credentials is treated as made by you, and you are responsible for it, including when it was sent by an AI assistant or software you connected, or by anyone you gave access to. We do not check whether a Request matches what you actually intended.
5.4. Our records of the Requests received and of the operations performed are admissible as evidence of those Requests and operations. You may prove otherwise by any means.
6. Your AI assistant
6.1. You choose the AI assistant you connect to SayPage, you configure it, and you use it under its provider’s terms. The assistant and its provider are not our subcontractors, and we do not control them.
6.2. AI assistants make mistakes. They can misunderstand you, invent facts, write content that is inaccurate, unlawful or harmful, act without asking you, do something other than what you wanted, repeat an action, or follow instructions hidden in the content they read, such as an Instagram comment, a message, a web page, a file or an image (“prompt injection”). Instagram comments can be written by anyone, including people who try to manipulate your assistant.
6.3. You are responsible for supervising your assistant. In particular, you must:
- review what your assistant proposes before you approve anything that others will see or that is hard to undo: publishing or changing a Page, activating or changing an Automation, replying to, hiding or deleting comments, publishing a post or a story;
- use the approval settings your assistant offers, and keep your approval required for those actions;
- check the result, using the preview links, your account page on saypage.ai and Instagram;
- not let an assistant act on your Account without supervision, unless you accept the consequences of everything it does;
- disconnect the assistants you no longer use.
6.4. Our Skills and the instructions built into the Connector (for example, to ask for your go-ahead before anything appears on Instagram) are guidance for your assistant. Your assistant may not follow them, and they do not shift any of your responsibility to SayPage.
6.5. Everything your assistant does with your Account is done by you. SayPage is not responsible for what your assistant writes, suggests, decides or does, nor for any damage caused by its errors, by its misuse, or by its manipulation by third parties.
7. Instagram
7.1. You may only connect Instagram professional accounts that you own or are expressly authorized to manage. When you connect one, you authorize SayPage to access it and to carry out Instagram Actions on it, within the permissions you grant on Meta’s consent screen. Permission to publish posts is optional and off by default, and you can turn it off at any time.
7.2. You must comply with Instagram’s Terms of Use and Community Guidelines, Meta’s Terms, and the other Meta rules that apply to what you do, including its rules on messaging and on the data you receive through Instagram. These Terms do not replace them. You must not use SayPage to break them or to help anyone break them.
7.3. Instagram Actions are made in your name and appear as coming from you. Once made, they may be impossible to undo: SayPage cannot delete a published post (you can, in Instagram), and a message cannot be recalled once delivered.
7.4. Using third-party tools, automated messages, AI-generated content or high volumes of actions on Instagram carries risks. Meta may, at its sole discretion, limit the reach of your content, restrict features such as messaging or commenting, block actions, remove content, flag your account as spam, or suspend or disable it. These decisions belong to Meta alone: SayPage does not control them and cannot reverse them. You use Instagram features through SayPage at your own risk.
7.5. Subject to section 21 for consumers, SayPage is not responsible for any damage to your Instagram Account, or loss connected with it, including a restriction, suspension, deactivation or deletion, and the loss of content, followers, reach, engagement, income, partnerships or reputation, when it results from:
- Meta’s decisions, rules, changes, errors or outages;
- Instagram Actions carried out at your Request, including a Request sent by your AI assistant, or by an Automation you set up;
- Your Content; or
- your breach of Meta’s rules, of these Terms or of the law.
7.6. Meta limits what can be sent through its platform: for example, a person can only be messaged within 24 hours of their last message, a comment can only receive one private reply, rate limits apply, and people’s own settings may block messages. SayPage never makes a send that would break these limits, and our fair-use limits also apply (section 13). Messages may therefore be delayed or not delivered, and we do not guarantee delivery.
7.7. Meta may change, restrict or withdraw its services and its programming interface at any time. We may then change, suspend or remove Instagram features, and we may cut SayPage’s access to an Instagram Account when Meta requires it.
7.8. The data you obtain through SayPage about other people (comments, usernames, statistics) may only be used to manage your Instagram Account, in compliance with Meta’s rules and data protection law. You must not sell it, or use it to build profiles of people, to discriminate against them, to monitor them, or to decide on their eligibility for anything.
8. Automations
8.1. An Automation sends messages on your behalf when someone comments a keyword you chose on a post you chose (or on your next post, on plans that include it). You decide the post, the keyword, the messages, the buttons, the links (to one of your Pages or to any web address), whether the person must follow you first, and whether a public reply is posted under the comment.
8.2. You are the sender of these messages and the author of these replies. You are responsible for:
- their content, and the content of the web addresses they link to, which SayPage does not check;
- having any consent or other legal basis required to message the people concerned, and stopping immediately when someone asks you to;
- complying with the law on advertising, consumer protection, contests and prize draws, and with Meta’s rules (for example, never asking for bank or card numbers by message).
8.3. An Automation keeps running until you pause or delete it. Check your Automations regularly. Plan limits and fair-use limits (section 13) can stop it from sending.
8.4. We may pause an Automation that breaks these Terms or Meta’s rules. When a Page is taken down, we pause the Automations and remove the buttons that point to it.
9. Your Content and your responsibility
9.1. You keep all your rights in Your Content. You are its publisher, and you alone are responsible for it and for its consequences, whoever wrote it: you, your AI assistant or anyone else.
9.2. You guarantee that Your Content:
- does not infringe anyone’s rights, such as copyright, trademarks, image rights, privacy, personality rights or trade secrets. You must hold every right it needs, including for images, texts, logos, music, videos and fonts, and the consent of the people who appear in it;
- complies with the law of France and of every country where it is published, accessible or targeted, with these Terms and with Meta’s rules;
- is not misleading;
- carries the disclosures the law requires, in particular: the mentions that identify advertising and commercial collaborations (for example “Publicité” or “Collaboration commerciale” under French law n° 2023-451 on commercial influence, or the disclosure of material connections required by the US Federal Trade Commission); the “Images retouchées” or “Images virtuelles” labels for edited or AI-generated images of faces or bodies, where French law requires them; and the disclosure of AI-generated content, where the EU AI Act requires it;
- if you sell or promote goods or services, complies with consumer law. You give the information the law requires, and you alone are responsible for your offers, sales, deliveries, contests and contracts, including with brands. SayPage is not a party to them, and is neither your agent nor an advertiser;
- if you publish Pages as part of a professional activity, identifies you as the law requires (in France, article 1-1 of law n° 2004-575, known as “LCEN”). SayPage lets you add these legal mentions to your Pages;
- where it contains other people’s personal data, complies with data protection law. You are the controller of that data (see the Annex).
9.3. To run the service, you grant SayPage a non-exclusive, worldwide, royalty-free license to host, store, reproduce and technically adapt Your Content (re-encode, resize, standardize, add the SayPage badge and report link, apply security restrictions), to display it publicly once you publish it, and to transmit it (including to Meta, when you ask for it). The license also covers analyzing Your Content to secure and moderate the service. It is granted only for these purposes, for as long as Your Content is stored, including the retention periods set out in our Privacy Policy. We do not use Your Content for any other purpose: we do not sell it, use it for advertising, or use it to train AI models.
9.4. SayPage does not review Your Content before it is published, beyond the automated checks described in section 11. Passing these checks does not mean that Your Content complies with these Terms or with the law.
9.5. SayPage is not a backup service. Keep your own copies of Your Content.
10. Prohibited uses
10.1. It is strictly forbidden to use SayPage for any illegal activity, and to host, publish, send, promote or link to any illegal or harmful content through SayPage, whether in a Page, an image, an Automation, a message, a comment reply, a post or in any other way.
10.2. Illegal content and activities. This means anything illegal under the law of France, of the European Union, or of any country where the content is accessible or targeted, including:
- child sexual abuse material, and any sexualization or exploitation of minors. We have zero tolerance: the account is closed and the facts are reported to the authorities;
- terrorist content: provoking or glorifying terrorist acts, recruiting for them, or giving instructions to commit them;
- incitement to hatred, violence or discrimination; glorification of crimes against humanity; denial of genocide;
- harassment, threats and stalking, and publishing someone’s personal information to harm them;
- intimate images shared without the consent of the person shown, and sexual “deepfakes”;
- fraud and scams: phishing; fake login, payment or account pages; collecting passwords, card numbers or other credentials; fake giveaways and contests; pyramid or Ponzi schemes; fake investments; crypto-asset scams and wallet drainers; fake reviews and testimonials;
- illegal goods and services, and their promotion: drugs, weapons and explosives, prescription medicines, counterfeits, stolen data or accounts, hacking services, fake documents, human trafficking, procuring, unlicensed gambling, protected species;
- infringement of intellectual property, image rights or privacy; defamation;
- unlawful processing of personal data;
- malware, exploits, cryptocurrency mining and any other harmful code;
- advertising that is not disclosed as such, and the promotion of products or services that the law forbids influencers to promote. Under French law, for example: cosmetic surgery, products presented as a substitute for medical treatment, nicotine products, certain wild animals, sports betting tips, financial products and crypto-assets without the required authorization, and gambling without the required age restrictions.
10.3. Harmful content, even where it is not illegal:
- sexually explicit content and pornography, and offers of sexual services;
- graphic violence and gore;
- content that encourages or promotes suicide, self-harm, eating disorders, or dangerous acts and challenges;
- health or medical claims that could put people in danger, such as presenting a product as a cure or as a substitute for medical treatment;
- hateful content that attacks people for who they are;
- content designed to mislead people about elections or other civic processes.
10.4. Deception and abuse. You must not:
- impersonate a person, brand, organization, public authority, platform or SayPage itself, or mislead people about who they are dealing with;
- send people elsewhere by deceptive means: hidden or automatic redirects, disguised or shortened links, or content shown differently to our checks than to Visitors;
- send spam, messages people would not expect, or bulk messages to people who did not ask for them;
- buy, sell or generate fake engagement (followers, likes, comments or views), or otherwise manipulate Instagram;
- use SayPage to collect personal data from Visitors or Followers beyond what the service does for you.
10.5. Technical abuse. You must not:
- work around the technical rules and limits of Pages (set out in the page guide available through the Connector: for example no forms, no external scripts, fonts or images, no network calls, no cookies and no redirects), the limits of your plan, our checks, or a measure taken against you, for example by opening another account after a ban;
- test, scan or attack the security of SayPage, overload it, or access data that is not yours;
- copy, decompile or reverse engineer SayPage, except as permitted by law, or extract its data by automated means;
- resell or sublicense SayPage, or provide access to it to others as a service, without our written agreement.
10.6. These lists give examples and are not exhaustive. We may clarify them at any time.
11. Moderation, reports and sanctions
11.1. We detect breaches of these Terms in the following ways.
- Before a Page is published, SayPage checks it automatically. A set of rules looks for forbidden technical elements (such as forms, external resources, redirects, crypto-asset wallet addresses, link shorteners or hidden code). An artificial intelligence classification model, provided by TypeSafe AI, reads the Page’s visible text and assesses whether it contains sexual content, hate, violence, dangerous or criminal content, content encouraging self-harm, phishing, impersonation or a scam. The Page is also opened in a browser to check how it displays and that the SayPage badge and its report link work. Drafts and previews only go through the first set of rules.
- Images you upload are analyzed automatically by a moderation model provided by OpenAI, and refused when it flags them.
- Anyone can report a Page, with the link at the bottom of every Page or at saypage.ai/report.
- We may also review content on our own initiative, without being obliged to.
Automation messages, the links they contain, comment replies and Instagram posts are not checked by SayPage before they are sent.
11.2. Automated decisions. When these checks refuse a Page or an image, the decision is made automatically, without human intervention, and the reason is returned to your AI assistant. We keep what was refused, and why, for 30 days so that we can correct the checks’ mistakes. You can ask for a person to review the decision (section 11.6).
11.3. Human decisions. A person decides, after review, to take a Page down, to suspend a Site, or to close or ban an Account.
11.4. Measures. When we reasonably believe that Your Content or your use of SayPage breaks these Terms or the law, or when the law or an authority requires it, we may, with or without prior notice:
- refuse to publish a Page or an image;
- take a Page down, pause the Automations that point to it and remove the buttons that link to it;
- close your access to publishing and previews;
- suspend your Site, which takes all its Pages offline;
- suspend or close your Account, disconnect your Instagram Accounts, and refuse any new account from you or for the same Instagram Accounts (a ban);
- keep the information needed to prove the breach, and report it to the authorities.
A Page taken down counts as 2 strikes and a suspended Site as 3 strikes. At 3 strikes within 12 months, publishing and previews are closed on the Account. Strikes follow the Instagram Accounts concerned. We choose each measure in a diligent, objective and proportionate way, taking into account the seriousness of the breach, whether it is repeated, the intent behind it, the harm to others and the fundamental rights at stake, including freedom of expression. Manifestly illegal content, and child sexual abuse material and terrorist content in particular, lead to immediate removal and to the closure of the Account.
11.5. Statement of reasons. When we restrict Your Content or your Account, we tell you by email and, depending on the measure, on your account page and in the answers to your AI assistant: the measure taken, its scope and duration, the facts and circumstances, whether it followed a report or our own checks, whether automated means were used, the legal or contractual ground, and how to contest it. We do not do so when the law or an authority prevents us.
11.6. Contesting a decision. You can contest any decision described in this section within six months, by writing to hello@saypage.ai or by replying to the email that told you about it. Give the address of the Page concerned and your reasons. A person will review your request and answer you. If the decision was wrong, we reverse it without delay. You can also go to court at any time.
11.7. Reporting illegal content. Anyone can report content hosted by SayPage at saypage.ai/report. So that we can act, a report should include:
- the exact address of the content;
- a sufficiently substantiated explanation of why it is illegal or breaks these Terms;
- your name and email address (not required for child sexual abuse material);
- a statement that you believe in good faith that the information in the report is accurate and complete.
If you give an email address, we confirm receipt and tell you what we decided. We handle reports in a timely, diligent, non-arbitrary and objective manner. Knowingly submitting a false report to have content removed is an offense under French law (LCEN, article 6). We may stop handling reports from anyone who frequently submits manifestly unfounded reports. In France, you can also report illegal content to the authorities at internet-signalement.gouv.fr.
11.8. Authorities. We comply with orders from judicial and administrative authorities, including orders to remove terrorist content within one hour. Where the law requires it, we inform the authorities of the illegal activities reported to us, and we inform them promptly of any information giving rise to a suspicion of a criminal offense that threatens a person’s life or safety. We may give authorities the data we keep that identifies the authors of content, as set out in our Privacy Policy.
11.9. Our single point of contact for users, and for the authorities of the EU Member States, the European Commission and the European Board for Digital Services (Digital Services Act, articles 11 and 12), is hello@saypage.ai. We answer in English or French.
12. Your Site address
12.1. Your Site’s address is based on your Instagram username or on a name you choose. It is made available to you for as long as you use SayPage. It is not your property and cannot be sold or transferred.
12.2. We may refuse or withdraw a name that is reserved, that imitates a brand, a person or an organization, or that could mislead Visitors.
12.3. When you change your address, the former address redirects to the new one for 12 months and then becomes available to others. We keep at most three former addresses per Site.
13. Plans, limits and fair use
13.1. SayPage currently offers a free plan, which includes one live Page, one active Automation, one Instagram Account, and messages to up to 50 new people per month through Automations. We may also give you a higher plan free of charge, and we may end that access with 30 days’ notice.
13.2. Other limits apply to every plan and may change as the service evolves, for example: 200 draft Pages, 200 images and 250 MB of images per Account, 5 MB per uploaded image, and limits on the size of each Page. Fair-use limits also apply to Automations: currently 150 send attempts to the same person per month, and 500,000 per Account.
13.3. Paid plans are not available yet. When they are, their price, content and conditions will be shown on saypage.ai before you subscribe. Purchases will only be made on saypage.ai, never inside your AI assistant.
14. Availability and changes to the service
14.1. We work to keep SayPage available, but we do not guarantee that it will run without interruption or errors. We may interrupt it for maintenance, security or updates.
14.2. SayPage evolves. We may add, change or remove features, the rules for Pages and the available libraries, to improve the service, for security reasons, or to follow the law or the rules of Meta and of AI assistant providers. If a change significantly reduces a feature you use, we tell you in advance where we can. Section 21 also applies to consumers.
15. Third-party services
15.1. SayPage relies on services we do not control: Instagram and the Meta programming interface, the AI assistants you connect, the services whose content you embed in your Pages (such as YouTube, Spotify or Google Maps), open-source libraries, and our technical providers. Their own terms and privacy policies apply to your use of them, and we are not responsible for their availability, content or conduct.
15.2. SayPage is not affiliated with, endorsed by or sponsored by Meta, Instagram, Anthropic or OpenAI. Instagram is a trademark of Meta Platforms, Inc., Claude a trademark of Anthropic, PBC, and ChatGPT a trademark of OpenAI.
15.3. SayPage does not insert advertising into its answers to your AI assistant or into your Pages.
16. Our intellectual property
16.1. SayPage, its software, the Connector, the Skills, the page guide, and our name, logo and badge belong to us. We grant you a personal, non-exclusive and non-transferable right to use them, only to use SayPage under these Terms.
16.2. You must not remove, hide or alter the SayPage badge or its report link on your Pages.
16.3. If you send us suggestions, we may use them freely, with no obligation to you.
17. Liability
17.1. SayPage is only liable for its own failures to perform its obligations under these Terms, and only for the direct and foreseeable damage that results from them, as provided by articles 1231-3 and 1231-4 of the French Civil Code.
17.2. SayPage is not liable for damage caused by:
- Your Content, your Requests, the Instagram Actions carried out at your Request, and the Automations as you set them up, including when they come from your AI assistant;
- your AI assistant or its provider (section 6);
- Meta, its decisions, rules, changes, errors or outages, and more generally the consequences for your Instagram Account described in section 7.5;
- your breach of these Terms, of Meta’s rules or of the law, or the use of your Account by someone you gave access to, or made possible because you did not keep it secure;
- Visitors, Followers or any other third party, for example someone who copies or reports your Page;
- the third-party services you choose to use (section 15);
- force majeure, within the meaning of article 1218 of the French Civil Code;
- the measures taken in accordance with section 11.
17.3. If you are a professional user, and to the extent permitted by law:
- SayPage is not liable for indirect damage, nor for any loss of profit, revenue, turnover, business, customers, opportunities, followers, audience, data or reputation;
- SayPage’s total liability for all claims relating to these Terms and to the service is limited to the greater of the amounts you paid us for SayPage in the 12 months before the event giving rise to the claim, and one hundred euros (€100);
- any claim against SayPage must be brought within one year of the day you knew, or should have known, of the facts that give rise to it.
17.4. Nothing in these Terms excludes or limits liability for fraud or willful misconduct (faute dolosive), gross negligence (faute lourde), death or personal injury, or any other liability that the law does not allow to be excluded or limited.
17.5. If you are a consumer, section 21 applies.
18. Indemnification
18.1. If you are a professional user, you will indemnify SayPage and hold it harmless against any claim, action, fine or penalty brought or imposed by a third party (including Meta, a rights holder, a Visitor, a Follower or an authority), and against the resulting damages and reasonable costs, including legal fees, to the extent that it arises from Your Content, the Instagram Actions and Automations carried out for you, the Requests made with your Account, or your breach of these Terms, of Meta’s rules or of the law. We will tell you about such a claim promptly and let you take part in the defense.
18.2. If you are a consumer, you are liable, under the conditions set by law, for the damage your fault causes to SayPage.
19. Suspension and termination
19.1. You can stop using SayPage and delete your Account at any time, free of charge, from your account page on saypage.ai. Your Site goes offline immediately, your Automations stop, your Instagram Accounts are disconnected, and your data is deleted as set out in our Privacy Policy.
19.2. We may suspend or terminate your Account immediately, with a statement of reasons (section 11.5), in the event of a serious or repeated breach of these Terms, when the law, an authority or Meta requires it, or to protect Visitors, Followers, other users or the service. We may also stop providing SayPage to you, or stop the service altogether, for any other reason, with 30 days’ notice.
19.3. Sections 7.5, 9, 17, 18, 21, 22 and 23, and the other provisions that by their nature must continue to apply, survive the end of the contract.
20. Changes to these Terms
20.1. We may change these Terms, for example to follow the law, the rules of Meta or of AI assistant providers, or changes to the service, or to make them clearer.
20.2. We tell you about any significant change by email at least 30 days before it takes effect. A change required by law or by an authority, or needed for security, may take effect sooner. The date at the top of this page shows the latest version.
20.3. If you do not accept a change, you can delete your Account, free of charge, before it takes effect. If you keep using SayPage after that date, the new Terms apply to you.
21. If you are a consumer
21.1. This section applies if you use SayPage as a consumer. It prevails over any other provision of these Terms.
21.2. You keep the rights that the law of your country of residence guarantees you and that cannot be excluded by contract. Any provision of these Terms that would deprive you of them does not apply to you.
21.3. Section 17.3 (limits for professional users), section 18.1 (indemnification by professional users) and section 22.3 (courts for professional users) do not apply to you. Section 5.4 does not change the rules on who has to prove what.
21.4. SayPage is responsible for the proper performance of the service it has undertaken to provide, including when performed by its providers. It is not responsible when the failure or the damage is due to you (including the Requests sent by you or your AI assistant, and Your Content), to the unforeseeable and insurmountable act of a third party, or to force majeure. Sections 4.5, 6.5, 7.5 and 17.2 apply to you only within these limits.
21.5. The legal guarantee of conformity for digital services applies where the law provides for it. When SayPage offers paid plans, you will also be told, before you subscribe, about your right of withdrawal and how to exercise it.
21.6. We only change these Terms or the service in the cases and under the conditions the law allows. If a change to the service has more than a minor negative impact on you, you can end the contract free of charge within 30 days of being told about it.
21.7. In case of a dispute, write to us first at hello@saypage.ai, and we will look for a solution with you. If your written complaint has not been resolved, you can refer the dispute free of charge to our consumer mediator: Centre de la Médiation de la Consommation de Conciliateurs de justice (CM2C), 49 rue de Ponthieu, 75008 Paris, France, https://www.cm2c.net. Mediation is optional. If you live in another EU country, the European Consumer Centre of your country can help you. French law applies, but you keep the protection of the mandatory rules of the law of your country of residence. You can bring proceedings before the courts of the place where you live, or any other court with jurisdiction under the law; we can only bring proceedings against you before the courts of the place where you live.
21.8. If you live in France, the French version of these Terms prevails.
22. Governing law and disputes
22.1. These Terms are governed by French law, subject to section 21 for consumers.
22.2. Before going to court, tell us about the dispute at hello@saypage.ai, so that we can try to settle it amicably within 30 days.
22.3. If you are a professional user, any dispute relating to these Terms or to SayPage falls under the exclusive jurisdiction of the competent courts of Paris, France, to the extent permitted by law, including in the case of multiple defendants or third-party proceedings.
23. General provisions
23.1. These Terms, their Annex and the Privacy Policy form the entire agreement between you and SayPage about the service.
23.2. If a provision of these Terms is held invalid, the other provisions remain in force, unless the invalid provision was essential and the contract cannot continue without it.
23.3. If we do not enforce a provision, we do not waive it.
23.4. We may transfer this contract to a company we control or that takes over SayPage (for example, if SayPage becomes a company), provided this does not reduce your rights. We will tell you. You may not transfer it without our written agreement.
23.5. You and SayPage are independent parties. Nothing in these Terms creates a partnership, agency, mandate or employment relationship between you and us.
23.6. These Terms are available in English and in French. If the two versions differ, the English version prevails, except for consumers who live in France, for whom the French version prevails.
23.7. We send notices to the email address of your Account. Send notices to us at hello@saypage.ai.
24. Contact
Write to hello@saypage.ai, or to Fuxet Olivier EI, 8 Bis Rue Abel, 75012 Paris, France. Our other details are in the Legal notice.
Annex: Data Processing Annex
This Annex is part of the Terms. It is the contract required by article 28 of the General Data Protection Regulation (EU) 2016/679 (the “GDPR”) for the personal data SayPage processes on your behalf.
1. Roles. For the personal data described in point 2, you are the controller and SayPage is your processor. For the data SayPage processes for its own purposes (your Account, security, moderation, legal obligations, visit counts), SayPage is the controller, as described in its Privacy Policy. Meta, and the provider of your AI assistant, are independent controllers.
2. The processing.
- Subject matter and nature: the storage and processing needed to run your Automations and the Instagram features, and to host your Pages.
- Data subjects: Followers, and the people whose personal data appears in Your Content.
- Categories of data: Instagram-scoped identifiers and usernames; the content, date and time of the comments and messages received by your Instagram Account; the messages, buttons and replies sent, and their delivery; whether a person follows your account, when you ask for that check; the personal data contained in Your Content.
- Purpose: providing the service to you. SayPage does not use this data for its own purposes.
- Duration: the duration of the Terms, then deletion as described in point 8.
3. Instructions. SayPage processes this data only on your documented instructions, which are these Terms, your Requests and your settings, unless the law requires otherwise. In that case, SayPage tells you first, unless the law forbids it. SayPage tells you if, in its opinion, an instruction infringes data protection law.
4. Confidentiality. The people authorized to process this data are bound by confidentiality.
5. Security. SayPage implements appropriate technical and organizational measures (GDPR, article 32), including encryption of data in transit, encryption of Instagram access tokens, access restricted to what running the service requires, isolation of each Page, and automatic deletion of data that is no longer needed.
6. Sub-processors. You give SayPage a general authorization to use sub-processors. The current list is in the Privacy Policy. SayPage tells you about any intended addition or replacement by email at least 15 days in advance. You may object; if we cannot take your objection into account, you may terminate the contract. SayPage imposes the same data protection obligations on its sub-processors, and remains responsible to you for them.
7. Assistance. Taking into account the nature of the processing, SayPage helps you answer requests from data subjects (it forwards to you any request it receives about data it processes on your behalf, and you can also delete data yourself through the service), and meet your obligations on security, impact assessments and prior consultation. SayPage notifies you without undue delay after becoming aware of a personal data breach affecting this data.
8. End of processing. The content of the comments and messages received by your Instagram Account is deleted automatically 30 days after receipt, and the records of messages sent 13 months after they were sent. At the end of the processing services, you choose whether SayPage deletes or returns all personal data it processes on your behalf, including personal data in your Pages and other Content. If you choose return, we provide the data still held in a structured, commonly used electronic format, then delete our remaining copies. To arrange a return, write to hello@saypage.ai before using account deletion or asking Meta to delete your Instagram data: those actions start erasure. Deletion, including of backups, follows the periods in the Privacy Policy, except where EU or Member State law requires retention. Any such retained data remains protected and is used only for that legal obligation.
9. Information and audits. SayPage makes available the information needed to demonstrate compliance with article 28 of the GDPR. It allows audits by you, or by an auditor you appoint who is bound by confidentiality, including inspections, and contributes to them. Routine audits normally take place once a year, with 30 days’ notice and at your expense, starting with a written questionnaire. These frequency, notice and procedural conditions do not restrict audits needed following a personal data breach, reasonable evidence of noncompliance, or a request from a competent supervisory authority, or otherwise needed to meet article 28. In those cases, we cooperate without undue delay, with notice appropriate to the urgency. Audit arrangements and costs must not prevent the effective exercise of these rights.
10. Transfers. Data is only transferred outside the European Economic Area with the safeguards required by Chapter V of the GDPR, described in the Privacy Policy.
11. Your obligations. As controller, you must have a legal basis for the processing, in particular for messaging Followers; inform Followers (for example in your Instagram bio or on one of your Pages; our Privacy Policy has a section written for them that you can link to); answer their requests; and never give instructions contrary to the law.
12. Liability. Liability under this Annex is governed by section 17 of the Terms, without prejudice to article 82 of the GDPR.