Terms of Service

Welcome to the Instagram AI Agent service ("Service"). These Terms of Service ("Terms", "Agreement") govern your access to and use of our Service, which provides automated AI-powered responses to Instagram direct messages for business accounts.

This Agreement is between you ("User", "you", or "your") and Solaris ("Company", "we", "us", or "our"). By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

1. Eligibility and Account Requirements

1.1 Age Requirement

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you meet this age requirement.

1.2 Instagram Business Account

To use our Service, you must:

• Have a valid Instagram business or creator account
• Have the legal authority to bind the business associated with the Instagram account
• Comply with Instagram's Terms of Service and Meta's Platform Policies
• Provide accurate, current, and complete information during registration

1.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use or security breach
• Ensuring your account information remains accurate and up-to-date

2. Service Description

2.1 AI Agent Functionality

Our Service provides an AI-powered agent that:

• Monitors Instagram direct messages sent to your connected business account
• Generates and sends automated responses based on message content and context
• Operates within the permissions granted through Instagram's OAuth authorization
• Processes messages through Instagram's official webhook API

2.2 Service Limitations

You acknowledge and agree that:

• AI-generated responses may not always be perfectly accurate or appropriate
• The Service is dependent on Instagram's API availability and functionality
• We do not guarantee uninterrupted, timely, secure, or error-free service
• You remain ultimately responsible for all communications from your Instagram account

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3. User Obligations and Acceptable Use

3.1 Compliance with Laws

You agree to use the Service in compliance with all applicable laws, regulations, and third-party agreements, including but not limited to:

• Instagram's Terms of Service and Community Guidelines
• Meta's Platform Terms and Developer Policies
• Data protection and privacy laws (GDPR, CCPA, etc.)
• Anti-spam and electronic communication laws
• Consumer protection regulations

3.2 Prohibited Activities

You shall not use the Service to:

• Send spam, unsolicited commercial messages, or harassing content
• Violate any person's legal rights, including privacy and intellectual property rights
• Distribute malware, viruses, or any harmful code
• Engage in fraudulent, deceptive, or misleading practices
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or Instagram's platform
• Circumvent any security features or access restrictions
• Use the Service for any illegal or unauthorized purpose
• Collect or harvest information about other users without consent
• Reverse engineer, decompile, or attempt to extract source code

3.3 Content Responsibility

You are solely responsible for:

• Monitoring and reviewing AI-generated responses from your account
• Configuring the AI agent appropriately for your business needs
• Ensuring responses comply with applicable advertising and marketing laws
• Any consequences resulting from automated messages sent from your account

4. Instagram Integration and Third-Party Services

4.1 Meta Platform Dependency

This Service operates through Meta's Instagram platform. You acknowledge that:

• Our Service's functionality depends on Instagram's API availability
• Changes to Instagram's API or policies may affect our Service
• We are not responsible for Instagram's platform changes or downtime
• Meta is not a party to this Agreement and has no obligations hereunder

4.2 Authorization and Permissions

By connecting your Instagram account, you grant us permission to:

• Access and read direct messages sent to your Instagram business account
• Send automated responses through your Instagram account
• Receive webhook notifications from Instagram on your behalf
• Access basic profile information necessary for Service functionality

You may revoke these permissions at any time through Instagram's settings or our Service dashboard.

4.3 Third-Party AI Services

Our Service utilizes third-party AI models and services. You acknowledge that these providers have their own terms and privacy policies, which you agree to be bound by when using our Service.

5. Payment Terms and Subscription

5.1 Pricing and Fees

Subscription fees and pricing are displayed on our website and in the Service. You agree to pay all fees associated with your selected subscription plan.

5.2 Billing and Payments

• Subscription fees are billed in advance on a recurring basis (monthly or annually)
• You authorize us to charge your designated payment method for all applicable fees
• All fees are non-refundable except as required by law or explicitly stated
• You are responsible for all taxes associated with your use of the Service
• Payment is due immediately upon subscription or renewal

5.3 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice before any price changes take effect for existing subscribers. Continued use of the Service after a price change constitutes acceptance of the new pricing.

5.4 Failed Payments

If a payment fails or is declined:

• We may suspend or terminate your access to the Service
• We may retry the charge using your payment method on file
• You remain responsible for all outstanding fees
• We may charge a fee for failed payment processing

5.5 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of your current billing period. No refunds will be provided for partial months or unused portions of the Service, except as required by applicable law.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including all software, algorithms, designs, text, graphics, logos, and other content (excluding user content), is owned by or licensed to the Company and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for its intended purpose in accordance with these Terms.

6.2 Your Content

You retain all rights to your Instagram content and messages. By using the Service, you grant us a limited license to:

• Access and process your Instagram messages for Service functionality
• Store message data temporarily as described in our Privacy Policy
• Use aggregated, anonymized data for Service improvement

6.3 AI-Generated Content

Responses generated by our AI agent are provided "as is" for your use. While we strive for quality, we make no warranties about the accuracy, appropriateness, or intellectual property status of AI-generated content. You are responsible for reviewing and approving all communications from your account.

6.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us an unlimited, irrevocable, perpetual, royalty-free license to use, modify, and incorporate such feedback without compensation or attribution.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7.1 Data Processing

By using the Service, you acknowledge and consent to:

• Collection and processing of Instagram message data as described in our Privacy Policy
• Automatic deletion of message data after 7 days
• Use of encrypted storage for all sensitive data
• Processing by third-party AI service providers under strict confidentiality

7.2 Your Data Rights

You have the right to access, correct, delete, or export your data as described in our Privacy Policy. You may exercise these rights through your account settings or by contacting us.

7.3 Data Security

While we implement industry-standard security measures, you acknowledge that no method of transmission or storage is 100% secure. You use the Service at your own risk.

8. Disclaimers and Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or quality of the Service
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding AI-generated content accuracy or appropriateness
• Warranties that defects will be corrected or that the Service is free of viruses

8.1 No Professional Advice

The Service is not intended to provide legal, financial, medical, or other professional advice. AI-generated responses should not be relied upon for professional guidance. You should consult appropriate professionals for specific advice.

8.2 Third-Party Content

We are not responsible for third-party content, websites, services, or platforms, including Instagram. Any reliance on such third-party content is at your own risk.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

9.1 Exclusion of Damages

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption
• Damage to reputation or goodwill
• Cost of substitute services
• Personal injury or property damage

9.2 Liability Cap

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

• The amount you paid us in the twelve (12) months preceding the claim, or
• One hundred dollars ($100.00)

9.3 Basis of Bargain

You acknowledge that the limitations in this section reflect a reasonable allocation of risk and are fundamental elements of the basis of the bargain between you and us. The Service would not be provided without such limitations.

9.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, affiliates, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any rights of another party, including Instagram users
• Your violation of any applicable laws or regulations
• Content sent from your Instagram account, whether automated or manual
• Any negligence or willful misconduct on your part

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense of such claims.

11. Termination and Suspension

11.1 Termination by You

You may terminate your account at any time by:

• Canceling your subscription through account settings
• Disconnecting your Instagram account from our Service
• Contacting our support team

Termination will be effective at the end of your current billing period.

11.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Violation of Instagram's or Meta's policies
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Repeated complaints from Instagram users
• Request by law enforcement or government agencies
• Discontinuation of the Service

11.3 Effect of Termination

Upon termination:

• Your right to access and use the Service immediately ceases
• We will disconnect your Instagram account from the Service
• All data will be deleted according to our Privacy Policy
• You remain liable for all charges incurred prior to termination
• Provisions that by their nature should survive will remain in effect

11.4 Survival

The following sections shall survive termination: Intellectual Property Rights, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at legal@aruplex.com. We will attempt to resolve the dispute informally within 60 days.

12.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, except for:

• Disputes that may be brought in small claims court
• Claims for injunctive or equitable relief
• Intellectual property disputes

12.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kyrgyzstan, without regard to conflict of law principles.

12.5 Venue

To the extent arbitration does not apply, you agree to submit to the personal jurisdiction of the courts located in Bishkek, Kyrgyzstan for resolution of any disputes.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page with a new "Last Updated" date
• Sending an email notification to your registered email address
• Displaying a prominent notice within the Service

Changes will be effective immediately upon posting unless otherwise stated. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and terminate your account.

We encourage you to review these Terms periodically for any updates.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

14.3 Waiver

No waiver of any term or condition shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.

14.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated herein.

14.7 Notices

All notices to you will be sent to the email address associated with your account. Notices to us should be sent to legal@aruplex.com. Notices are deemed received when sent to the email address on file.

14.8 Language

These Terms are provided in English. Any translation is provided for convenience only. In case of conflict, the English version shall prevail.

14.9 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

15. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

We aim to respond to all inquiries within 5 business days.

16. Acknowledgment and Acceptance

BY CLICKING "I ACCEPT," CREATING AN ACCOUNT, CONNECTING YOUR INSTAGRAM ACCOUNT, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.