SUBAGEN Terms (use and sale)

Last updated: October 29, 2026

This is a translation. The French version prevails.

1. Operator

SUBAGEN is operated by Enzo Berrafato, sole proprietor (entrepreneur individuel, EI), trading as SUBAGEN, SIREN 934 930 454, 5 avenue de Denton, 78180 Montigny-le-Bretonneux, France. Contact: contact@subagen.com. Full legal notice: https://subagen.com/en/legal-notice.

VAT not applicable, article 293 B of the French General Tax Code.

2. Service

SUBAGEN is an online service for hospitality businesses only. It lets a property approve content, publish it to its own accounts at approved time slots, follow its results, and answer requests received on Instagram.

Six networks are concerned, each in the following state at the date of these terms:

Instagram and Facebook: automatic publishing at the scheduled time;
X: automatic publishing at the scheduled time, within the access X grants;
YouTube: automatic publishing planned once Google has approved SUBAGEN; until then, the Short is sent to your channel as private and one tap makes it public;
TikTok: the video is sent to your TikTok drafts and you tap Post;
LinkedIn: coming soon.

This state depends on the access each platform grants SUBAGEN and may change.

These terms apply to every subscription and every use of the service.

3. Account

You must provide accurate information and keep your password confidential. You are responsible for actions made from your account and by the staff you invite. You can delete your account at any time from Settings, Account section.

You only connect accounts your business owns or is authorised to manage.
You remain the sole owner of your accounts and can remove SUBAGEN's access at any time, from SUBAGEN (Settings, Networks, Disconnect) or from Instagram, Facebook, Google, TikTok, X and LinkedIn.
You agree to comply with the terms and policies of Instagram, Facebook, TikTok, X and LinkedIn.
By connecting a Reddit account, you agree to comply with the Reddit User Agreement (https://redditinc.com/policies/user-agreement) and with the rules of the subreddit you choose, including on self-promotion; moderators may remove a post. Data received from Reddit is handled under our Privacy Policy (https://subagen.com/en/privacy, section 3.2 ter).
By connecting a YouTube channel, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms); data received from Google is handled under our Privacy Policy (https://subagen.com/en/privacy) and the Google Privacy Policy (https://policies.google.com/privacy).
You choose the publishing automation level (Settings, Film publishing): approve everything yourself, automatic approval after a delay you set, or automatic publishing as soon as the edit is ready. You can withdraw a post or edit its caption until it goes out, and pause all publishing.

5. Replies to requests

You choose the keywords, write the private message and the public reply, and turn each rule on or off.
A private message is only sent in reply to the comment of a person who wrote your keyword, once, within 7 days of the comment.
After that, any reply is only possible within 24 hours of the person's last message, as required by Instagram. By default you approve each prepared reply. If you switch on "Réponse automatique" (Automatic reply), it is sent automatically, prepared only from the rooms, prices and answers you entered and confirmed.
Every automatic message ends with a line stating that it is automatic, which you cannot remove.
A guest's email address is only saved with their consent. You only use it to contact them about their stay, one person at a time, and respect their unsubscription.
You must not send unsolicited or misleading messages, and you are responsible for the content of your messages, codes, prices and links.

6. Content and ownership

You warrant that you hold the rights to the content you upload and approve (photos, videos, texts, logos), including the rights of people who appear in it.
You remain the owner of your footage and of the films made from it.
You grant SUBAGEN, for the duration of the contract, a non-exclusive, free licence limited to providing the service: store, edit, adapt to each network's formats and publish your content on your connected accounts.
SUBAGEN remains the owner of the tool, its code, its models and its templates. You may use them during your subscription.
The music offered is used under its respective licences. You do not reuse it outside the films produced by SUBAGEN.
Edits, on-screen texts, captions and suggested replies are prepared by artificial intelligence tools (Anthropic's Claude models, Google's Gemini) from your footage and your property's information. You review them and remain free to change or refuse them before anything is published. SUBAGEN does not guarantee exclusivity or copyright protection of generated elements.
Your content is not used to train artificial intelligence models.

7. Price, payment and cancellation

SUBAGEN is a monthly subscription with no minimum term.
The price is the one shown when you subscribe. During the tester phase, it is €99 per month including tax for the first 10 properties. The standard price is €199 per month including tax. A higher tier is planned: it is announced as “coming soon” and is not sold today.
Prices may change. Any price change is announced by email at least 30 days before it applies, and only from the next period; you can cancel before.
For several properties, the price depends on the number of properties. It is shown to you before you subscribe.
Prices include all taxes. VAT not applicable, article 293 B of the French General Tax Code.
If a trial period is offered, its length is shown before you subscribe.
Payment is monthly, in advance, by bank card, through Stripe. An invoice is issued for each payment and remains available in your account. If a payment fails, access may be suspended until it is settled.
You can cancel at any time from your customer area (Settings, Subscription). Cancellation takes effect at the end of the period already paid. The month started remains due and is not refunded, except when the withdrawal right in section 8 applies.
After cancellation, the content published on your accounts remains yours, and the links in your past posts keep working. You lose access to the SUBAGEN platform.
Data export: on request by email to contact@subagen.com, before or during the 30 days after the end of your subscription, you receive a copy of your footage, films and texts (video and image files in their original format, texts as CSV). After those 30 days, your data is deleted, except what the law requires us to keep (invoices).

8. Right of withdrawal

SUBAGEN is for businesses. As a rule, the consumer right of withdrawal does not apply.

Exception under article L221-3 of the French Consumer Code: a business customer with five employees or fewer has a 14-day right of withdrawal when the contract was concluded off-premises (for example during a visit to its premises, or when it was approached remotely, in particular by phone, before concluding the contract) and its purpose falls outside the customer's main activity.

In that case:

the 14 days run from the conclusion of the contract;
the customer informs SUBAGEN with a clear statement, by email to contact@subagen.com or by post, for example using the form in the French version;
SUBAGEN refunds the amounts paid no later than 14 days after receiving the withdrawal, using the same means of payment;
if the customer expressly asked for the service to start before the end of the period, it owes an amount proportionate to the service provided until it communicated its withdrawal.

9. Personal data and processing

For customer and prospect data, SUBAGEN is the data controller (see the Privacy Policy: https://subagen.com/en/privacy). For data of guests who write to your property, you are the controller and SUBAGEN acts as your processor under Article 28 GDPR, under the commitments listed in the French version, article 9.

10. Availability, support and liability

SUBAGEN has a best-efforts obligation. The service is provided as is, with reasonable care, without a guarantee of permanent availability.
Support answers from the in-app Help ("Talk to a human") within 24 business hours.
SUBAGEN guarantees no result: no number of views, followers, bookings or revenue.
The service depends on third-party platforms (Meta, Google, TikTok, X, LinkedIn, booking engines, payment and email providers). They may limit, refuse, delay or change a post or a message, or change their rules. SUBAGEN is not responsible for them.
You remain responsible for your content, prices, offers and replies to guests.
Except in case of gross negligence or wilful misconduct, SUBAGEN's liability is limited to direct damage and, in total, to the amounts you paid over the last 12 months.

11. Suspension

SUBAGEN may suspend an account that breaches these terms or social network policies, after notice except in urgent cases.

12. Changes to these terms

SUBAGEN may change these terms. Any significant change is announced by email or in the app before it takes effect. If you refuse it, you can cancel.

13. Governing law and disputes

These terms are governed by French law. If a problem arises, write first to contact@subagen.com: we look for an amicable solution. Failing that, any dispute between businesses falls under the competent courts within the jurisdiction of the Versailles Court of Appeal, to the extent permitted by law.

Business customers: consumer mediation does not apply.

A question about these documents: contact@subagen.com