Refund Policy

This Refund Policy governs refunds and credits in respect of the services provided by Aubrium Technologies L.L.C ("Aubrium"). It forms part of the Terms of Use and is incorporated into them by reference. Capitalised terms which are not defined in this Refund Policy have the meanings given to them in the Terms of Use.

1. Scope and precedence

1.1 This Refund Policy applies to every payment made to Aubrium through the Services, including every Subscription payment and every purchase of Spark Credits.

1.2 Where this Refund Policy conflicts with any other provision of the Terms of Use or of another Policy, this Refund Policy prevails in respect of entitlement to a refund.

1.3 Nothing in this Refund Policy excludes or limits any right of cancellation, withdrawal or refund which is conferred upon a consumer by mandatory legislation and which cannot lawfully be excluded. Where such a right applies and confers a greater entitlement than this Refund Policy, that right prevails.

1.4 This Refund Policy does not confer any right upon a person other than the Account holder.

2. Definitions

2.1 In this Refund Policy, "Subscription", "Billing Period" and "Spark Credits" have the meanings given to them in the Terms of Use, and:

"First Subscription Payment" means the first payment made by a User for a Subscription, being the first such payment made by that User on any Account;

"Renewal Payment" means any Subscription payment other than the First Subscription Payment and an Upgrade Payment, including the first payment of any later Subscription;

"Upgrade Payment" means a payment taken during a Billing Period upon a change of the User's Subscription to a plan with a higher price, being the difference between the prices of the two plans;

"Plan Spark Credits" means Spark Credits granted as part of a Subscription for a Billing Period; and

"Purchased Spark Credits" means Spark Credits purchased by the User separately from a Subscription.

2.2 A reference to a number of days is a reference to calendar days, counted from the date on which the relevant payment is taken.

3. First Subscription Payment

3.1 The User may request a refund of the First Subscription Payment within fifteen (15) days of that payment. Aubrium refunds the First Subscription Payment in full, to the original payment method, irrespective of the extent to which the Services or any Spark Credits have been used. No reason is required.

3.2 After the expiry of the period in clause 3.1, the First Subscription Payment is not refundable.

3.3 The entitlement in clause 3.1 is available once per User. It does not apply to a Subscription taken out by a User who has previously held a Subscription on any Account, including an Account which has since been closed.

4. Renewal Payments and Upgrade Payments

4.1 The User may request a refund of a Renewal Payment within seven (7) days of that payment, provided that none of the Plan Spark Credits granted for the Billing Period to which that Renewal Payment relates have been applied to the Services. Where that condition is met, Aubrium refunds the Renewal Payment in full, to the original payment method. No reason is required.

4.2 A Renewal Payment is not refundable after the expiry of the period in clause 4.1, or at any time once any of the Plan Spark Credits granted for the Billing Period to which it relates have been applied to the Services.

4.3 For the purposes of clause 4.1, Plan Spark Credits which were applied and subsequently returned to the Account under clause 7 are treated as not having been applied.

4.4 The User may request a refund of an Upgrade Payment within seven (7) days of that payment, provided that none of the additional Plan Spark Credits granted upon the upgrade have been applied to the Services and that the Subscription remains on the plan to which it was upgraded. Where those conditions are met, Aubrium refunds the Upgrade Payment in full, to the original payment method; the additional Plan Spark Credits are withdrawn; and the Subscription continues on the plan held before the upgrade, with the same renewal date. No reason is required.

4.5 An Upgrade Payment is not refundable after the expiry of the period in clause 4.4, or at any time once any of the additional Plan Spark Credits granted upon the upgrade have been applied to the Services.

4.6 Clause 4.3 applies to clause 4.4 as it applies to clause 4.1.

5. Effect of a refund and cancellation

5.1 Upon the issue of a refund under clause 3 or clause 4.1, the Subscription to which the refund relates ends immediately, and the Plan Spark Credits granted for the Billing Period to which the refunded payment relates are withdrawn. The effect of a refund of an Upgrade Payment is set out in clause 4.4.

5.2 The User may cancel a Subscription at any time. Cancellation takes effect at the end of the current Billing Period, no further Subscription payment is taken, and the User retains access to the Services under the Subscription until that date. Cancellation does not of itself give rise to a refund.

5.3 After a Subscription ends, material saved within the Account remains available to the User, subject to the Terms of Use, and any unexpired Purchased Spark Credits remain available in accordance with clause 6.

5.4 Where the User closes an Account, any Spark Credits remaining on the Account are forfeited, and no refund is issued in respect of them or in respect of any unexpired part of a Billing Period.

5.5 Where Aubrium closes an Account or withdraws the Services for a reason other than a breach of the Terms of Use by the User, Aubrium refunds to the original payment method the unexpired part of the current Billing Period, calculated pro rata, and the purchase price of any unexpired Purchased Spark Credits which have not been applied, calculated in proportion to the Purchased Spark Credits remaining.

6. Spark Credits

6.1 Spark Credits are not refundable in any circumstances, save as provided in clauses 5.5 and 7. They have no cash value, are not redeemable for money, and may not be sold, transferred or assigned to any other person or Account.

6.2 Plan Spark Credits are granted for the Billing Period in which they are issued and expire at the end of that Billing Period. They do not roll over. Each renewal of a Subscription grants a new allocation of Plan Spark Credits.

6.3 Purchased Spark Credits expire twelve (12) months from the date of purchase. Until that date they remain available from one Billing Period to the next, and whether or not the User holds a Subscription.

6.4 When Spark Credits are applied to the Services, those with the earliest expiry date are applied first.

6.5 Spark Credits which have expired are forfeited and cannot be reinstated, refunded or exchanged.

7. Failed requests and billing errors

7.1 Where a feature to which Spark Credits have been applied fails to complete the request submitted to it by reason of a technical failure or other fault attributable to Aubrium or to a provider engaged by Aubrium, or where the request is refused by a safety control applied by Aubrium or by a provider engaged by Aubrium, the Spark Credits applied are returned to the User's Account with the expiry date they held before they were applied.

7.2 A duplicate charge, a charge made in error, and a charge arising from an error in pricing operating in Aubrium's favour, are each refunded in full to the original payment method upon identification, whether or not the User has requested a refund.

7.3 Certain features of the Services employ artificial intelligence, as described in the AI Policy. Material produced by those features, including analysis, transcripts, scripts, captions, suggestions and generated content, may be inaccurate, incomplete, unsuitable or unoriginal, and is provided without any warranty as to its accuracy, quality or fitness for any purpose. The User is responsible for reviewing such material before relying on or publishing it. Where such a feature completes the request submitted to it, the Spark Credits applied are consumed and are not returned or refunded by reason of any inaccuracy, error, omission or other deficiency in the material produced, or because the material does not meet the User's expectations. Clause 7.1 applies only where the feature fails to complete the request or the request is refused.

8. Circumstances in which a refund is not issued

8.1 Save as provided in clauses 3, 4, 5.5 and 7, a refund is not issued in respect of: (a) a Subscription payment after the period in clause 3.1, clause 4.1 or clause 4.4 has expired, or a Renewal Payment or an Upgrade Payment excluded by clause 4.2 or clause 4.5; (b) Spark Credits, whether Plan Spark Credits or Purchased Spark Credits; (c) dissatisfaction with an outcome which does not form part of the service as described, including the accuracy or quality of material produced by a feature employing artificial intelligence (clause 7.3); (d) interruption, restriction or enforcement action attributable to a Social Platform or to any other third party; or (e) an amount in respect of which the User has already received a refund or a chargeback.

8.2 Aubrium may decline a request which it reasonably believes to be made fraudulently or in bad faith, including a request in respect of a payment which the requester did not make, or a pattern of subscribing and requesting refunds which is inconsistent with the good-faith use of the Services.

8.3 Where Aubrium terminates an Account for fraud, payment abuse or unlawful use, Aubrium may withhold a refund to the extent reasonably required to meet loss arising from that conduct.

9. Making a request

9.1 A refund request should be sent to support [at] aubrium.com from the email address recorded on the Account, marked "Refund Request", and should state the Account email address and the payment to which the request relates.

9.2 A request is treated as made on the date on which it is received by Aubrium. A request received within the period in clause 3.1, clause 4.1 or clause 4.4 is honoured even if it is processed after that period has expired.

9.3 Aubrium acknowledges a request within one (1) business day of receipt. An approved refund is submitted to the payment provider within two (2) business days of approval. The period thereafter before the refund appears on the User's statement is determined by the issuer of the payment instrument, is typically five to ten (5–10) business days, and is outside Aubrium's control.

9.4 A refund is made in the currency of the original payment. Aubrium is not responsible for any difference arising from a movement in the rate of exchange applied by the issuer.

9.5 Aubrium may require verification of identity before processing a refund.

10. Chargebacks and payment disputes

10.1 The User must contact Aubrium before initiating a dispute or chargeback with the issuer of a payment instrument.

10.2 Aubrium may supply transaction and service records to a payment provider or card scheme in response to a dispute, in accordance with the applicable scheme rules.

10.3 Aubrium may suspend an Account while a dispute is outstanding, and may withdraw any Spark Credits granted or purchased by the disputed payment.

10.4 Repeated or abusive dispute activity constitutes a material breach of the Terms of Use and may result in permanent closure of the Account and in refusal to provide the Services to the same person in the future.

11. Set-off and taxes

11.1 Aubrium may set off against any refund any amount then due and payable by the User to Aubrium.

11.2 Where tax was collected in respect of a payment, the refund includes the corresponding amount of tax where Aubrium is entitled to recover or adjust it. Where Aubrium is not so entitled, the refund is of the net amount.

12. Goodwill adjustments

12.1 Aubrium may at its sole discretion issue a refund or Spark Credits in circumstances in which none is required by this Refund Policy. A goodwill adjustment does not constitute a waiver of any provision of this Refund Policy and does not create any entitlement in respect of any future matter.

13. Amendment

13.1 Aubrium may amend this Refund Policy from time to time. An amendment takes effect upon publication and does not affect a payment made, or a request submitted, before that date.

14. Contact

Refund requests and billing enquiries: support [at] aubrium.com

Legal notices: legal [at] aubrium.com