These Terms of Service ("Terms") govern your access to and use of the SocioMotion platform (sociomotion.com and the SocioMotion app), operated by Capitaine Sam ("we," "us," or "our"). By using the Service you agree to these Terms. If you don't agree, please don't use it.
1. Agreement to these terms
By accessing or using the Service — including requesting a free Gap Snapshot without creating an account — you agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of a business, you represent that you have the authority to bind that business to these Terms.
2. The service
SocioMotion provides an AI-powered content strategy and publishing platform. We analyse your business's public online presence and that of your competitors, identify content gaps, and generate social media strategy, content plans, and drafted posts. Some features require a paid subscription.
We may modify, suspend, or discontinue any part of the Service at any time. Where a change materially affects a paid feature, we will give you reasonable notice.
3. Accounts
You must provide accurate information when creating an account. You are responsible for keeping your account secure and for all activity that occurs under it. You may not share your account with others or create accounts on behalf of someone else without their authorisation.
We use passwordless magic-link sign-in. You are responsible for access to the email address you register with. Notify us immediately if you believe your account has been compromised.
4. Subscriptions and billing
4.1 Plans
Paid subscriptions are available on monthly or 6-monthly billing cycles. The First Month trial is a one-time purchase and does not auto-renew into a subscription.
4.2 Payment
Payments are processed by Stripe. By providing payment details you authorise Stripe to charge the applicable fees. Subscription fees are charged at the start of each billing period.
4.3 Cancellation
You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period; you retain access until then. We do not provide refunds for unused portions of a billing period, except where required by law.
4.4 Price changes
We may change subscription prices. We will give you at least 30 days' notice before any price change takes effect. If you do not cancel before the change takes effect, you agree to pay the new price.
5. Free gap snapshot
The free Gap Snapshot — available without an account — is provided as a one-time report. It is checked by a member of our team before delivery and is subject to daily batch limits during early access. Providing false or misleading information to obtain a Gap Snapshot may result in refusal of future requests.
6. AI-generated content
The Service uses large language models and image-generation models to produce strategy documents, post copy, and imagery. AI output is generated automatically and may occasionally be inaccurate, incomplete, or unsuitable for your specific context.
You are responsible for reviewing all AI-generated content before publication. By publishing or approving content through the Service, you take responsibility for that content. We are not liable for any claim arising from content you choose to publish.
Where required by applicable law (including the EU AI Act), we automatically apply AI-content disclosures at the platform level at the time of publishing.
7. Intellectual property
7.1 Your content
You retain ownership of any business information, brand assets, and existing content you provide to the Service. By using the Service, you grant us a limited licence to process that material for the sole purpose of providing the Service to you.
7.2 Generated content
AI-generated strategy documents, content plans, and post drafts produced specifically for your account are yours to use. We do not claim ownership over output generated for you.
7.3 SocioMotion platform
The SocioMotion platform, software, design, and all underlying technology are owned by Capitaine Sam and protected by applicable intellectual property laws. You may not copy, reverse-engineer, or create derivative works from the platform itself.
8. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. AI-GENERATED CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES AND WE MAKE NO WARRANTY REGARDING ITS ACCURACY, COMPLETENESS, OR SUITABILITY FOR ANY PARTICULAR PURPOSE.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CAPITAINE SAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above may not apply to you in full.
10. Indemnification
You agree to indemnify and hold harmless Capitaine Sam and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or content you publish through the Service.
11. Termination
You may close your account at any time. We may suspend or terminate your access if you violate these Terms, engage in fraudulent activity, or use the Service in a way that could harm us or other users. Where reasonably practicable we will give you notice before termination; for serious violations we may terminate immediately.
On termination, your right to access the Service ceases. Sections 7, 8, 9, and 10 survive termination.
12. Governing law
These Terms are governed by the laws of France (as applicable to Saint-Martin as an outermost region of the EU). Any dispute that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the competent courts of France, unless mandatory consumer-protection law in your country of residence gives you the right to bring proceedings there.
13. Changes to these terms
We may update these Terms from time to time. We will post the updated version with a new "Last updated" date. For material changes, we will give you at least 14 days' notice by email. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
14. Contact
Questions about these Terms:
Capitaine Sam Saint-Martin (French collectivity) legal@sociomotion.com