Refund Policy

This Refund Policy governs refunds, credits and adjustments 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, to every amount standing to the Balance, and to every order placed through the Services.

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, rejection 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. Refund upon request

2.1 This clause 2 prevails over every other clause of this Refund Policy.

2.2 Where the User requests a refund of a payment made by it to Aubrium, Aubrium issues that refund to the original payment method upon the first such request. No reason is required, no justification is requested, and the refund is not withheld by reason of the service having been commenced, delivered or completed.

2.3 Upon the issue of a refund under this clause 2, the Account is closed to the addition of funds and to the placing of further orders. That restriction is permanent unless Aubrium agrees otherwise in writing. The Account otherwise remains accessible, and material stored within it remains available to the User, subject to the Terms of Use.

2.4 A refund under this clause 2 reverses the payment to which the request relates. It does not of itself reverse any other payment, and any amount remaining on the Balance is dealt with under clause 3.

2.5 Where bonus credit was granted in respect of the payment being refunded, that bonus credit is withdrawn in accordance with clause 4.

2.6 A request under this clause 2 must be made by the Account holder from the email address recorded on the Account, or by such other means of verification as Aubrium may reasonably accept.

2.7 Clause 2.2 does not apply to a payment which Aubrium reasonably believes to have been made fraudulently, to have been made using a payment instrument which the payer was not authorised to use, or to be the subject of an investigation into money laundering or sanctions exposure. In those circumstances Aubrium may withhold the refund pending the conclusion of its investigation and will act in accordance with applicable law.

3. Refund of the Balance

3.1 The User may request a refund of unused Balance at any time.

3.2 A refund under this clause 3 is made to the original payment method, in the original currency of the payment, and is apportioned across the payments which funded the Balance, applying the most recent payment first.

3.3 Balance which has been applied to a service already delivered is not refundable under this clause 3. Clause 2 remains available in respect of the underlying payment.

3.4 Where the original payment method is closed, expired or otherwise unavailable, Aubrium will agree an alternative method with the User following verification of the User's identity and entitlement.

3.5 A refund under this clause 3 does not of itself restrict the Account. The restriction in clause 2.3 applies only to a refund issued under clause 2, and the User may continue to add funds and to place orders after the return of unused Balance.

3.6 Aubrium may deduct from a refund under this clause 3 any amount then due and payable by the User to Aubrium, including any negative Balance arising under clause 4.3 or clause 10.4.

3.7 The Balance is provided in order that the User may obtain the Services. Repeatedly adding funds and requesting their return without obtaining the Services is not a use for which the Balance is provided, and constitutes payment abuse under the Acceptable Use Policy. Where Aubrium identifies such a pattern it may decline a request under this clause 3, require verification of the source of the funds, or restrict or close the Account.

4. Bonus credit

4.1 Bonus credit is credit granted by Aubrium rather than credit purchased by the User. Aubrium is under no obligation to grant bonus credit and may vary or withdraw any programme under which it is granted.

4.2 Bonus credit may be applied to the Services. It is not redeemable for cash, is not transferable, and is not refundable under any provision of this Refund Policy.

4.3 Where a payment is refunded, reversed or charged back, Aubrium may withdraw the bonus credit granted in respect of that payment. Where that bonus credit has already been applied, the withdrawal may result in a negative Balance, and the resulting shortfall is immediately payable by the User.

4.4 Where the Balance comprises both purchased credit and bonus credit, deductions are applied first to bonus credit unless Aubrium determines otherwise.

4.5 Bonus credit obtained through the use of more than one Account, or through any other circumvention of the Terms of Use, is withdrawn in full and may result in closure of the Account.

5. Refunds initiated by Aubrium

5.1 Undeliverable services. Where a service cannot be delivered by reason of a technical failure or other fault attributable to Aubrium or to a provider engaged by Aubrium, the Fee is refunded in full. The refund is credited to the Balance so that it may be applied immediately, or is returned to the original payment method at the User's request.

5.2 Partial delivery. Where an order is delivered only in part, the Fee attributable to the undelivered part is refunded on the same basis as clause 5.1.

5.3 Features employing artificial intelligence. Where a request submitted to such a feature fails, returns an error, or is refused or filtered by a safety control, no Fee is charged. Where a Fee has been charged in those circumstances, it is credited to the Balance.

5.4 Duplicate and erroneous charges. 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.

5.5 Cancellation by Aubrium. Where Aubrium cancels an order for a reason other than breach by the User, the Fee is refunded in full to the Balance.

5.6 Withdrawal of a feature. Where Aubrium withdraws a feature against which the User holds unused Balance and no substantially equivalent feature is made available, the User may request a refund of that Balance under clause 3 and clause 2.3 does not apply to that request.

6. Circumstances in which a refund is not issued

6.1 Save under clause 2, a refund is not issued in respect of: (a) a service delivered in accordance with its description, where the User is dissatisfied with the level of audience response or with any other outcome, outcomes not forming part of the deliverable; (b) material generated by a feature employing artificial intelligence where the request completed successfully but the material does not meet the User's preference; (c) an order which failed by reason of an act or omission of the User, including the removal, restriction, deletion or de-publication of content while an order in respect of it was in progress; (d) delay alone, where the service is subsequently delivered; (e) interruption, restriction or enforcement action attributable to a Social Platform or to any other third party; (f) bonus credit; (g) an amount withheld under clause 6.2; or (h) an amount in respect of which the User has already received a refund or a chargeback.

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

6.3 Aubrium may decline a request which it reasonably believes to be made fraudulently or in bad faith, including a request made in respect of a payment which the requester did not make.

7. Timeframes and delay

7.1 Any timeframe indicated in connection with a service is an estimate. It is not a term of the contract and time is not of the essence in respect of it.

7.2 Delay does not of itself give rise to an entitlement to a refund.

7.3 Aubrium may, where it considers it appropriate, issue credit to the Balance as a goodwill adjustment in respect of delay.

8. Goodwill adjustments

8.1 Aubrium may at its sole discretion issue a refund or credit in circumstances in which no refund is required by this Refund Policy.

8.2 A goodwill adjustment is made upon the facts of the individual case, does not constitute a waiver of any provision of this Refund Policy, does not establish a practice or course of dealing, and does not create any entitlement in respect of any future matter.

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, any relevant order reference, and the amount requested where the request relates to part of the Balance.

9.2 A request under clause 2 need not state a reason.

9.3 Aubrium acknowledges a request within one (1) business day of receipt and reviews it within two to three (2–3) business days.

9.4 An approved refund is submitted to the payment provider within two (2) business days of approval. The period thereafter before the refund appears upon the User's statement is determined by the issuer of the payment instrument and is typically five to ten (5–10) business days. That period is outside Aubrium's control and Aubrium accepts no liability in respect of it.

9.5 A refund is made in the currency of the original payment. Where the User's payment instrument is denominated in another currency, the amount received may differ from the amount originally debited by reason of movement in the rate of exchange applied by the issuer. Aubrium is not responsible for that difference and does not compensate for it.

9.6 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.

10.4 Where a dispute is determined in Aubrium's favour, or where a chargeback is initiated in respect of a service which was delivered, Aubrium may debit the Balance by the amount of the disputed transaction together with any fee levied upon Aubrium in connection with the dispute, and may withdraw any bonus credit granted in respect of the transaction. Where the Balance is insufficient, the shortfall is immediately payable by the User.

10.5 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.

11.3 The User is responsible for any tax consequence arising in its own jurisdiction from the receipt of a refund.

12. Closure of an Account

12.1 An Account cannot be closed while a Balance remains or while an order is in progress. Where the User wishes to close an Account and a Balance remains, a request under clause 3 must be made and completed first.

12.2 Closure anonymises the Account and cannot be reversed. Aubrium may retain limited records after closure, as described in the Privacy Policy, but those records are not maintained for the purpose of providing continued access to the Account or to any Balance.

12.3 Where Aubrium closes an Account for a reason other than fraud, payment abuse or unlawful use, the unused Balance is refunded to the original payment method.

12.4 Aubrium does not charge a dormancy or inactivity fee and does not currently apply an expiry to the Balance. Where an Account is inactive for an extended period, Aubrium may contact the Account holder at the address recorded on the Account and, where required by applicable law, will deal with the Balance in accordance with the applicable unclaimed property legislation.

13. Records

13.1 Aubrium maintains records of refunds issued and of requests declined. Those records are, in the absence of manifest error, conclusive evidence of the matters to which they relate.

13.2 Records relating to refunds are retained in accordance with the Privacy Policy.

14. Amendment

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

15. Contact

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

Legal notices: legal [at] aubrium.com