Terms of Service

Effective date: 2026-05-09 Last updated: 2026-05-09

These Terms govern your use of services provided by Awny Faris Marketing ("we," "us," "our"). By engaging us to manage your marketing or by authorising our self-hosted tool to access your social accounts, you agree to these Terms.

If you do not agree, please do not use the service.

1. Who we are

Awny Faris Marketing is a digital marketing agency operated by Awny Faris, based in Berlin, Germany. We deliver social media management, SEO audits and improvements, and blog content through a bundled monthly retainer.

2. The service

We provide:

• Social media content — drafted captions, images, and post scheduling across the platforms you connect (Instagram, Facebook, LinkedIn, and others depending on the engagement)
• SEO audits and recommendations — on-page, technical, GEO/AI-search, competitor SERP analysis, action plans
• Blog content — written, edited, and ready-to-publish articles in your brand voice
• Reporting — monthly performance summaries

The specific deliverables, cadence, and scope of your engagement are defined in your service agreement with us. These Terms cover the general framework; the service agreement governs the specifics.

3. Your obligations

You agree to:

• Provide accurate information about your business, brand, and audience
• Authorise our tool to access only the accounts you intend to be managed
• Review and approve content before publication (every post is created as a draft for your approval — nothing publishes without your green light)
• Comply with the terms of service of every third-party platform we publish to (Meta, LinkedIn, Google, etc.)
• Provide content, photos, or product information when we request them in order to deliver the service

You are responsible for the legality of the content you ask us to publish on your behalf, including copyright, trademark, advertising claims, and any industry-specific regulations.

4. Our obligations

We agree to:

• Deliver the services described in your service agreement on the schedule we have committed to
• Use commercially reasonable security practices to protect your data (see Privacy Policy)
• Not publish anything without your explicit approval
• Notify you of any significant change to the service, including security incidents

We do not guarantee specific marketing outcomes (e.g. follower count, ranking position, conversions). Marketing is influenced by many factors outside our control. We commit to professional effort, not specific results.

5. Intellectual property

• Your content — anything you provide to us (brand guidelines, photos, product information, existing copy) remains yours. We use it only to deliver the service
• Our work — the content we create on your behalf (captions, blog posts, images we generate, audit reports) becomes yours once paid for. You may use it freely
• Our tools and methods — the underlying agency processes, scripts, and templates remain ours

If we use AI tools (Claude, GPT, Flux) to assist content creation, the output we deliver to you is yours, but we are not liable if a third-party AI provider asserts a claim over content their model generated. To minimise this risk, we use models with commercial-use rights.

6. Stock images and third-party assets

When a generated image is unsuitable (for example, for niche subjects AI models cannot render), we may substitute a royalty-free stock image from Wikimedia Commons, Pixabay, Unsplash, or similar source. We will credit the source in the deliverable. You agree to honour any attribution requirements of those sources if you reuse the image elsewhere.

7. Payment

Payment terms are defined in your service agreement. Generally:

• Monthly retainer is billed in advance at the start of each month
• Invoices are due within 14 days of issue
• Late payments may pause the service after written notice

Refunds are handled case by case. We do not offer pro-rata refunds for completed months.

8. Termination

Either party may terminate the engagement with 30 days' written notice. We will:

• Complete any work already paid for
• Hand over passwords, drafts, and analytics dashboards
• Disconnect our OAuth from your accounts within 7 days of the termination effective date

If you breach these Terms (for example, asking us to publish illegal content), we may terminate immediately.

9. Disclaimers and limitation of liability

The service is provided "as is." We make no warranties beyond those required by law.

To the maximum extent permitted by German law:

• We are not liable for damages caused by third-party platforms (e.g. Meta suspends your account for reasons unrelated to our work)
• We are not liable for missed marketing outcomes
• Our total liability for any claim related to the service is limited to the fees you paid us in the 12 months before the claim arose

Nothing in this clause limits liability for gross negligence, intentional misconduct, or anything that cannot lawfully be limited under German consumer protection law.

10. Governing law and jurisdiction

These Terms are governed by the laws of Germany. Any dispute that cannot be resolved through good-faith discussion will be heard in the courts of Berlin.

If you are a consumer (Verbraucher) under German law, you retain the protections granted by the mandatory consumer-protection rules of your country of residence.

11. Changes to these Terms

We may update these Terms. Material changes will be announced by email to existing clients at least 30 days before they take effect. Continued use of the service after the effective date counts as acceptance.

12. Contact

Awny Faris Marketing (operator: Awny Faris) Email: awny.faris5@gmail.com [Mailing address: to be filled in once registered as a legal entity]