Terms of Service – Brilu.ai

Last Updated: 20.07.25

Last updated: July 20, 2025

1. Introduction and Acceptance

Welcome to Brilu.ai, an AI-powered digital marketing assistant service operated by SC GEMSYA SRL, a company incorporated and existing under the laws of Romania (“Company,” “we,” “us,” or “our“).

These Terms of Service (“Terms“) constitute a legally binding agreement between you (“User,” “you,” or “your“) and SC GEMSYA SRL regarding your access to and use of the Brilu.ai website, platform, AI services, and all related content, features, and services (collectively, the “Service“).

BY ACCESSING OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING OR ACCESSING THIS SERVICE.

Company Information:

Legal Name: SC GEMSYA SRL
Registration: 47654397
Address: 122 Mihai Bravu, Bucharest, Romania
Contact: [email protected]

2. Service Description

2.1 AI Marketing Assistant

Brilu.ai provides an artificial intelligence-powered digital marketing assistant that helps users with:

Marketing strategy development and optimization
Content creation and campaign planning
Data analysis and performance insights
Marketing automation recommendations
Industry best practices and compliance guidance

2.2 Third-Party Platform Integration

Our Service integrates with various third-party platforms to provide comprehensive marketing analytics and insights, including but not limited to:

Meta/Facebook Integration:

Facebook Marketing API for campaign performance data
Instagram Business API for social media metrics
Facebook Pixel integration for website analytics
Conversion tracking and attribution analysis

Google Platform Integration:

Google Analytics 4 API for website traffic analysis
Google Ads API for search campaign performance
Google Search Console API for SEO insights
YouTube Analytics API for video marketing metrics

LinkedIn Integration:

LinkedIn Marketing Developer Platform API
LinkedIn Page and Company analytics
Sponsored content performance metrics
Professional audience insights and demographics

2.3 Data Analytics and KPI Retrieval

Through authorized API connections, we retrieve and analyze key performance indicators (KPIs) including:

Impression, reach, and engagement metrics
Conversion rates and attribution data
Audience demographics and behavior patterns
Campaign performance and ROI analysis
Competitive intelligence and market insights

3. User Eligibility and Account Requirements

3.1 Age Requirements

Users must be at least 18 years old to use our Service
Users between 16-18 years old may use the Service with parental consent
We do not knowingly collect information from users under 16 years old

3.2 Business Use

Our Service is intended for legitimate business and marketing purposes only
Users must have legal authority to bind their organization to these Terms
Corporate users must ensure compliance with their internal policies and procedures

3.3 Account Accuracy

You must provide accurate, current, and complete information during registration
You are responsible for maintaining the confidentiality of your account credentials
You must promptly notify us of any unauthorized access to your account

4. Third-Party Platform Compliance

4.1 Meta/Facebook Platform Compliance

By using our Facebook/Meta integrations, you acknowledge and agree to:

Facebook Platform Terms:

Comply with Facebook’s Platform Terms and Developer Policies
Respect Facebook’s data use restrictions and retention policies
Obtain proper consent for data collection through Facebook Pixel
Not violate Facebook’s Community Standards or Advertising Policies

Data Usage Restrictions:

Facebook data retrieved through our Service may only be used for authorized marketing analytics
You may not attempt to re-identify anonymized Facebook data
Sharing of Facebook-derived insights must comply with Facebook’s data sharing restrictions
Facebook data must be deleted in accordance with Facebook’s retention requirements

API Compliance:

Our use of Facebook APIs is subject to Facebook’s rate limits and usage policies
Facebook may restrict or terminate API access at their discretion
Users acknowledge that Facebook data availability may change without notice

4.2 Google Platform Compliance

By using our Google integrations, you acknowledge and agree to:

Google API Services User Data Policy:

Comply with Google’s API Services User Data Policy and Terms of Service
Respect Google’s data use and sharing restrictions
Maintain appropriate security measures for Google-sourced data
Use Google data only for the intended analytics and marketing purposes

Data Processing Agreement:

Our processing of Google data is governed by Google’s Data Processing Amendment
Users acknowledge Google’s data retention and deletion requirements
International transfers comply with Google’s approved transfer mechanisms

Specific Service Terms:

Google Analytics: Subject to Google Analytics Terms of Service
Google Ads: Subject to Google Ads Terms and Conditions
YouTube: Subject to YouTube Terms of Service and API Services Terms

4.3 LinkedIn Platform Compliance

By using our LinkedIn integrations, you acknowledge and agree to:

LinkedIn Developer Program Agreement:

Comply with LinkedIn’s API Terms of Use and Developer Program Agreement
Respect LinkedIn’s Professional Community Policies
Use LinkedIn data solely for authorized business intelligence purposes

Data Usage Guidelines:

LinkedIn member data must be used in accordance with LinkedIn’s Member Data Portability Policy
Professional information may only be used for legitimate business networking and marketing
Users must respect LinkedIn members’ privacy settings and preferences

API Rate Limits:

Our LinkedIn integrations are subject to LinkedIn’s API rate limiting
Commercial use restrictions may apply based on LinkedIn’s partnership tiers
LinkedIn may modify or restrict API access based on their platform policies

5. User Rights and Responsibilities

5.1 License to Use Service

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Service for your internal business purposes.

5.2 User Content and Data

You retain ownership of all data, content, and materials you provide to our Service
You grant us a limited license to process your data as described in our Privacy Policy
You are responsible for ensuring you have rights to all data you upload or connect

5.3 Prohibited Uses

You agree not to use the Service to:

Violate any applicable laws, regulations, or third-party platform policies
Infringe upon intellectual property rights of others
Transmit harmful, defamatory, or offensive content
Attempt to gain unauthorized access to our systems or third-party platforms
Use automated means to access the Service beyond authorized API usage
Reverse engineer, decompile, or attempt to extract source code
Resell, redistribute, or create derivative works from our Service

5.4 Compliance Obligations

Users must:

Maintain current and valid authorizations for connected third-party accounts
Comply with all applicable data protection laws (GDPR, CCPA, etc.)
Respect intellectual property rights and attribution requirements
Implement appropriate security measures for accessed data
Report any suspected security breaches or unauthorized access immediately

6. Intellectual Property Rights

6.1 Our Intellectual Property

Brilu.ai platform, AI algorithms, and proprietary technology remain our exclusive property
All trademarks, service marks, and trade names are our proprietary rights
Users receive no ownership rights in our intellectual property through use of the Service

6.2 Third-Party Intellectual Property

Facebook, Instagram, Meta, Google, LinkedIn, and other platform names are trademarks of their respective owners
Our Service integrates with but does not claim ownership of third-party platforms
Users must respect all third-party intellectual property rights and license terms

6.3 User-Generated Insights

Marketing insights and reports generated through our Service may incorporate both user data and our proprietary analysis
Users may use generated reports for internal business purposes
Commercial redistribution of our analytical insights requires written permission

7. Data Protection and Privacy

7.1 Privacy Policy Integration

Data collection and processing are governed by our Privacy Policy
Users acknowledge and consent to data processing as described in our Privacy Policy
International data transfers comply with applicable data protection frameworks

7.2 Third-Party Data Protection

Users acknowledge that third-party platform data is subject to those platforms’ privacy policies
We implement appropriate safeguards for cross-platform data processing
Users are responsible for obtaining necessary consents for data collection and processing

7.3 Data Security

We implement industry-standard security measures to protect user data
Users must maintain reasonable security measures for their accounts and connected platforms
Suspected security incidents must be reported promptly to [email protected]

8. Service Availability and Performance

8.1 Service Level

We strive to maintain high service availability but do not guarantee uninterrupted access
Maintenance windows and updates may temporarily affect service availability
Third-party API limitations may impact certain features or data availability

8.2 API Dependencies

Our Service depends on third-party APIs which may experience outages or changes
We are not responsible for third-party platform downtime or API modifications
Alternative data sources may be used when primary APIs are unavailable

8.3 Performance Disclaimers

Marketing insights and recommendations are based on available data and AI analysis
We do not guarantee specific marketing outcomes or business results
Users should validate AI recommendations with their own business judgment

9. Payment Terms and Billing

9.1 Subscription Plans

Service access may be provided under various subscription tiers with different features
Pricing and billing terms are specified in your subscription agreement
All fees are exclusive of applicable taxes unless otherwise stated

9.2 Payment Processing

Payments are processed through authorized third-party payment processors
Users must provide accurate billing information and maintain current payment methods
Failed payments may result in service suspension or termination

9.3 Refund Policy

Refund eligibility is determined based on subscription terms and applicable consumer protection laws
Refund requests must be submitted through our official support channels
Certain promotional subscriptions may have different refund policies

10. Term and Termination

10.1 Term Duration

These Terms remain in effect while you access or use our Service
Subscription-based access continues until subscription expires or is terminated
Certain provisions survive termination as specified herein

10.2 Termination Rights

We may suspend or terminate your access if:

You violate these Terms or applicable platform policies
Your account exhibits suspicious or fraudulent activity
We receive valid legal demands requiring account suspension
You fail to pay applicable fees when due

You may terminate your account at any time by:

Canceling your subscription through account settings
Contacting our support team at [email protected]
Following the cancellation procedures specified in your subscription agreement

10.3 Effect of Termination

Upon termination:

Your license to use the Service immediately ceases
We may delete your account data in accordance with our data retention policy
Connected third-party platform authorizations should be revoked by you
Outstanding payment obligations remain due and payable

11. Limitation of Liability and Disclaimers

11.1 Service Disclaimers

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, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

11.2 Third-Party Platform Disclaimers

We disclaim responsibility for third-party platform availability, accuracy, or policies
Changes to third-party APIs or policies may affect our Service functionality
Users assume responsibility for compliance with all applicable third-party terms

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SC GEMSYA SRL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

11.4 Essential Service Providers

Some jurisdictions do not allow exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless SC GEMSYA SRL, its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney’s fees) arising from:

Your use of the Service in violation of these Terms
Your violation of any third-party platform policies or terms
Your violation of applicable laws or regulations
Any data processing activities you conduct using our Service
Any content or data you submit, post, or transmit through the Service

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Romania, without regard to conflict of law principles.

13.2 Jurisdiction

For users located in the European Union, any disputes shall be subject to the exclusive jurisdiction of the courts of Romania, with venue in Bucharest.

For users located outside the European Union, you agree to submit to the personal jurisdiction of the courts located in Bucharest, Romania.

13.3 Alternative Dispute Resolution

Before initiating formal legal proceedings, parties agree to attempt good faith resolution through:

Direct negotiation between the parties
Mediation through a mutually agreed mediator
If applicable, relevant consumer protection or regulatory authorities

13.4 EU Consumer Rights

EU consumers retain their rights under applicable consumer protection directives and may pursue disputes through their local consumer protection authorities or the Online Dispute Resolution platform provided by the European Commission.

14. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms which is due to causes beyond our reasonable control, including but not limited to:

Acts of God, natural disasters, or extreme weather conditions
Government actions, laws, regulations, or court orders
Labor disputes, strikes, or work stoppages
Third-party platform API changes, outages, or restrictions
Internet service provider failures or telecommunications outages
Cyber attacks, security breaches, or technical failures beyond our control

15. Updates and Modifications

15.1 Terms Updates

We reserve the right to modify these Terms at any time. Material changes will be communicated through:

Email notification to registered users at least 30 days prior to effective date
Prominent notice on our website and platform
In-platform notifications for active users

15.2 Service Updates

We may update, modify, or discontinue features of our Service at any time
Significant changes affecting third-party integrations will be communicated in advance when possible
Continued use of the Service after changes constitutes acceptance of modified Terms

15.3 User Notification Preferences

Users may manage notification preferences through their account settings, but certain legal and security notifications cannot be disabled.

16. Compliance and Regulatory Requirements

16.1 GDPR Compliance

Data processing complies with EU General Data Protection Regulation
Users have rights to access, rectify, erase, and port their personal data
Data Protection Officer contact: [email protected]

16.2 Platform Policy Compliance

Users acknowledge that our Service must comply with evolving third-party platform policies:

Meta: Facebook Platform Terms, Instagram API Terms, Business Tools Terms
Google: Google API Services User Data Policy, Google Ads Terms, Analytics Terms
LinkedIn: LinkedIn API Terms of Use, Developer Program Agreement

16.3 Industry Standards

We maintain compliance with relevant industry standards including:

ISO 27001 information security management principles
SOC 2 Type II security and availability standards
Data processing standards applicable to marketing technology

17. Contact Information and Support

17.1 General Contact

Email: [email protected]
Legal inquiries: [email protected]
Data protection: [email protected]
Security issues: [email protected]

17.2 Business Address

SC GEMSYA SRL
122 Mihai Bravu, Bucharest, Romania
Romania

17.3 Response Times

General support: 2-3 business days
Legal and compliance: 5-10 business days
Security incidents: 24-48 hours
GDPR requests: Maximum 30 days as required by law

18. Severability and Waiver

18.1 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

18.2 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

18.3 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and SC GEMSYA SRL regarding the use of the Service.

THESE TERMS OF SERVICE ARE EFFECTIVE AS OF JULY 20, 2025

By continuing to use Brilu.ai, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

For questions regarding these Terms, please contact us at [email protected].