Terms of Service

1. Acceptance of terms

These Terms of Service ("Terms") govern your access to and use of the website at onsocial-ksa.com and any services offered by OnSocial KSA ("OnSocial", "we", "us", "our"). By using our website or engaging our services, you agree to be bound by these Terms.

If you do not agree with these Terms, please do not use the website or our services.

2. Our services

OnSocial KSA is an AI-powered social media management agency that provides services including, but not limited to: content strategy, short-form and long-form video production, social media posting and scheduling, performance reporting, AI-assisted hook and script generation, paid media management, and related creative and consulting services.

The specific scope of services delivered to any client is defined in a separate written agreement or proposal between OnSocial and that client. These Terms apply in addition to any such agreement; in the event of a conflict, the signed agreement prevails.

3. Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts under the laws of your jurisdiction to use our website or engage our services. By accepting these Terms, you represent that you meet these requirements.

4. Acceptable use of the website

You agree not to:

• Use the website for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorised access to any part of the website, its systems, or its networks
• Interfere with or disrupt the integrity or performance of the website
• Scrape, harvest, or collect data from the website using automated means without our written permission
• Upload or transmit viruses, malware, or any other harmful code
• Use the website to harass, threaten, defame, or otherwise harm any person
• Reproduce, copy, sell, resell, or exploit any portion of the website without our express written consent

5. Client engagements

If you engage OnSocial as a client, the following additional terms apply:

• Onboarding: You agree to provide accurate and timely information, brand assets, and access required for us to deliver the services.
• Approvals: Where review or approval of content is required, you agree to respond within reasonable timeframes specified in your engagement agreement. Delays in approvals do not extend the term of the engagement or entitle you to credits.
• Account access: Where you grant us access to social media accounts, advertising accounts, or other platforms, you remain responsible for the underlying accounts and must promptly revoke access upon termination of the engagement.
• Compliance: You confirm that any content, materials, or instructions you provide do not infringe third-party rights, violate platform policies, or breach applicable law.

6. Fees and payment

Fees for our services are set out in your engagement agreement or proposal. Unless otherwise agreed:

• Fees are quoted in Saudi Riyal (SAR) and are exclusive of Value Added Tax (VAT), which will be added where applicable.
• Monthly retainers are invoiced in advance and payable within 7 days of the invoice date.
• Late payments may incur a late fee of 2% per month or the maximum rate permitted by law, whichever is lower.
• We reserve the right to suspend services if invoices remain unpaid for more than 14 days after the due date.
• All fees are non-refundable except as expressly stated in your engagement agreement.

7. Term and cancellation

Unless otherwise agreed in writing, client engagements have a minimum initial term of three (3) months, after which they continue on a month-to-month basis. Either party may terminate the engagement after the initial term by providing thirty (30) days' written notice.

We may terminate immediately and without liability if: (a) you fail to pay any invoice when due and the failure continues for more than 14 days after notice; (b) you materially breach these Terms or your engagement agreement; (c) you become insolvent or enter bankruptcy proceedings; or (d) we are required to do so by law.

Upon termination, you remain liable for all fees due up to the effective termination date. We will hand over deliverables for which payment has been received in full.

8. Intellectual property

8.1 Our IP

The website, including its design, code, text, graphics, logos, the OnSocial name and brand, our proprietary frameworks, prompts, agent systems, methodologies, and any tools we develop, are owned by OnSocial KSA and protected by Saudi and international intellectual property laws. Nothing in these Terms transfers ownership of our IP to you.

8.2 Deliverables

For client engagements, on full payment of all applicable fees, you receive a worldwide, perpetual, royalty-free licence to use the final delivered content (videos, graphics, copy, etc.) for your business purposes. We retain the right to use anonymised performance data and non-confidential learnings to improve our services.

8.3 Your content

You retain all rights to materials you provide to us. You grant us a non-exclusive licence to use, modify, and reproduce those materials solely for the purpose of delivering the agreed services.

8.4 Portfolio rights

Unless otherwise agreed in writing, we reserve the right to display work produced for you in our portfolio, case studies, and marketing materials, identifying you as a client. You may opt out by giving written notice.

9. Confidentiality

Each party will keep confidential any non-public information disclosed by the other party in connection with the services, and will use such information only for the purpose of performing or receiving the services. This obligation survives termination of the engagement for three (3) years.

10. Disclaimer of warranties

The website and our services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we make no warranties, express or implied, regarding the website or services, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Specifically, we do not guarantee any particular result from our services, including specific follower growth, engagement rates, views, conversions, or revenue. Social media performance depends on many factors outside our control, including platform algorithms, market conditions, and your own commercial decisions.

11. Limitation of liability

To the maximum extent permitted by applicable law, our total aggregate liability to you arising out of or in connection with these Terms or the services, whether in contract, tort, or otherwise, shall not exceed the total fees paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.

In no event shall we be liable for any indirect, consequential, incidental, special, or punitive damages, including loss of profits, revenue, data, or goodwill, even if we have been advised of the possibility of such damages.

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, or any other liability which cannot be excluded under Saudi law.

12. Indemnity

You agree to indemnify and hold harmless OnSocial KSA, its owner, employees, and contractors from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your use of the website or services; (c) any content or materials you provide to us; or (d) your violation of any third-party rights or applicable law.

13. Third-party services

Our website and services may rely on or link to third-party tools and platforms (including Vercel, Calendly, Google, Meta, TikTok, X, Snapchat, and others). Your use of those services is governed by their respective terms and privacy policies. We are not responsible for the availability, content, or practices of third-party services.

14. Changes to these terms

We may update these Terms from time to time. The "Last updated" date at the top of this page reflects the most recent revision. Continued use of the website or services after a revision constitutes acceptance of the updated Terms. For material changes affecting active client engagements, we will provide reasonable notice.

15. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of the Kingdom of Saudi Arabia. The parties agree to attempt to resolve any dispute through good-faith negotiation before initiating formal proceedings.

Any dispute arising out of or in connection with these Terms that cannot be resolved by negotiation shall be subject to the exclusive jurisdiction of the competent courts in Riyadh, Saudi Arabia.

16. Contact

For any question about these Terms, please contact:

OnSocial KSA
Attention: Legal
Email: info@onsocial-ksa.com
Website: onsocial-ksa.com
Jurisdiction: Kingdom of Saudi Arabia