Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and InstaSweep ("Company", "we", "us", "our"), governing your access to and use of the InstaSweep application, browser extension, website, and all related services (collectively, the "Services"). By creating an account, downloading, installing, or otherwise using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Services.

1. Definitions

• "App" means the InstaSweep desktop application for macOS and Windows, and the InstaSweep browser extension for Chrome and compatible browsers.
• "Credits" means the digital units required to perform actions within the Services, including but not limited to unliking posts, deleting comments, and removing story replies.
• "Credit Pack" means a one-time purchase of a fixed quantity of Credits.
• "Subscription" means a recurring payment plan providing a periodic allocation of Credits and access to premium features.
• "Customer Data" means any data, information, or material you provide or generate through your use of the Services, excluding your Instagram account data which is processed solely on your device.
• "Instagram" means the social media platform operated by Meta Platforms, Inc. InstaSweep is not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc.

2. The Services

2.1 Grant of License

Subject to your compliance with these Terms and payment of all applicable Fees, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the applicable subscription or service period solely for your personal, non-commercial use.

2.2 Nature of the Services

The Services provide tools for managing your Instagram activity, including bulk unliking, comment deletion, and story reply removal. All Instagram interactions are performed locally on your device. No Instagram credentials, session tokens, or Instagram content are transmitted to or stored on Company servers.

2.3 Ownership

All right, title, and interest in and to the Services, including all intellectual property rights therein, remain with and belong exclusively to Company. These Terms do not convey any ownership interest in the Services, only a limited right of use revocable in accordance with these Terms.

3. Account Registration

To use the Services, you must create an account. By registering, you represent and warrant that:

1. You are at least 13 years of age, consistent with Instagram's minimum age requirement.
2. All registration information you provide is truthful and accurate.
3. You will maintain the security of your account credentials and will not share access with any third party.
4. You are solely responsible for all activity that occurs under your account.
5. You will promptly notify us at [email protected] of any unauthorised use of your account.

4. Credits System

4.1 How Credits Work

Credits are required to perform actions within the Services. Each action type consumes a specific number of Credits as displayed in the App at the time of use. Credit costs are subject to change; however, any changes will apply only to Credits consumed after the effective date of the change.

4.2 Credit Packs

• Credit Packs are available as one-time purchases in various quantities.
• Credits are added to your account immediately upon successful payment.
• Credits do not expire for as long as your account remains active and in good standing.
• Credits are non-transferable, non-exchangeable for cash, and have no monetary value outside the Services.

4.3 Promotional Credits

Company may from time to time offer promotional or bonus Credits. Such Credits may be subject to additional terms, including expiration dates, and may be revoked if obtained through fraud, error, or violation of these Terms.

5. Subscriptions

5.1 Billing Cycle

Subscriptions are billed on a recurring weekly basis. By purchasing a Subscription, you authorise Company to charge the applicable Fee to your designated payment method at the beginning of each billing cycle.

5.2 Auto-Renewal

Your Subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. Company reserves the right to adjust Subscription pricing upon renewal. If pricing increases, you will be notified in advance and may cancel before the new pricing takes effect. Continued use after a price change constitutes acceptance of the new pricing.

5.3 Cancellation

You may cancel your Subscription at any time through the App or by contacting [email protected]. Upon cancellation, your Subscription benefits will remain active until the end of the current billing period. No prorated refunds are provided for partial periods. See our Refund Policy for further details.

6. Fees and Payment

6.1 Payment Processing

All payments are processed securely by our third-party payment processor. Company does not directly store your payment card details on its servers. By making a purchase, you also agree to the terms of our payment processor.

6.2 Taxes

All Fees are exclusive of taxes unless stated otherwise. You are responsible for paying any applicable sales tax, VAT, or other taxes imposed by any government authority in connection with your use of the Services.

6.3 Failed Payments

If a payment fails, Company may suspend access to paid features until the outstanding balance is resolved. Company reserves the right to use reasonable collection efforts, including contacting you via email.

7. Restrictions and Acceptable Use

You agree that you shall not:

• Use the Services on any Instagram account that you do not own or do not have explicit authorisation to manage.
• Resell, sublicense, or provide the Services to third parties as a commercial service.
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the extent permitted by applicable law.
• Use automated tools, scripts, or bots to interact with the Services beyond the App's intended interface.
• Exploit bugs, vulnerabilities, or errors in the Services. If you discover any, report them to [email protected].
• Use the Services in any manner that violates Instagram's Terms of Use, Community Guidelines, or any applicable law or regulation.
• Attempt to manipulate, circumvent, or abuse the Credit system, promotional offers, or refund processes.
• Access the Services if you are a direct competitor of Company, or for the purpose of competitive analysis, benchmarking, or building a competing product.

8. Instagram Account Risks

9. Warranties and Disclaimers

9.1 As-Is Basis

The Services are provided "as is" and "as available", without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

9.2 No Guarantee

Company does not warrant that the Services will be uninterrupted, error-free, secure, or free of harmful components. Company does not guarantee any specific results from use of the Services, including the number of posts that can be processed in a given time period.

10. Limitation of Liability

10.1 Cap on Liability

To the maximum extent permitted by applicable law, Company's aggregate liability to you for all claims arising out of or relating to these Terms or the Services shall not exceed the total amount you have paid to Company in the twelve (12) months immediately preceding the event giving rise to the claim.

10.2 Exclusion of Damages

In no event shall Company be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with these Terms or the Services, regardless of the theory of liability, even if Company has been advised of the possibility of such damages.

10.3 Specific Exclusions

Without limiting the foregoing, Company shall not be liable for:

• Any Instagram account restrictions, suspensions, or bans resulting from your use of the Services.
• Loss of data or content on Instagram.
• Actions or omissions of third-party services, including Instagram.
• Service interruptions caused by factors outside Company's reasonable control.
• Any hardware performance effects, including but not limited to increased CPU usage, elevated device temperature, fan noise, or thermal throttling arising from the computational demands of running the Services. You acknowledge that the Services operate an embedded browser to interact with Instagram and that such operation may place additional load on your device's processor. Company shall have no liability for any damage to hardware, reduced component lifespan, or related effects resulting from normal use of the Services.

11. Indemnification

You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any third-party right, including Instagram's Terms of Use; or (d) any content or data you submit through the Services.

12. Term and Termination

12.1 Term

These Terms commence when you create an account or first access the Services and continue until terminated in accordance with this section.

12.2 Termination by You

You may terminate these Terms at any time by ceasing to use the Services and requesting account deletion by contacting [email protected].

12.3 Termination by Company

Company may suspend or terminate your access to the Services immediately and without notice if:

• You breach any provision of these Terms.
• You engage in fraudulent, abusive, or illegal conduct.
• Company is required to do so by law or court order.
• Company elects to discontinue the Services (in which case Company will provide reasonable notice).

12.4 Effect of Termination

Upon termination, your license to use the Services immediately ceases. If your account is terminated for breach, you forfeit any unused Credits without refund. If Company discontinues the Services, Company will make reasonable efforts to refund unused Credit Pack purchases made within the preceding 90 days.

13. Confidentiality

Each party agrees to hold in confidence and not disclose to any third party any confidential information received from the other party. Confidential information does not include information that is publicly available, already known to the receiving party, or independently developed without reference to the disclosing party's confidential information. This obligation survives termination of these Terms for a period of two (2) years.

14. Governing Law and Dispute Resolution

14.1 Governing Law

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

14.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved within thirty (30) days, either party may submit the dispute to the exclusive jurisdiction of the courts of England and Wales.

14.3 Consumer Rights

If you are a consumer in the European Union or United Kingdom, nothing in these Terms affects any mandatory consumer protection rights you may have under the laws of your country of residence. You may also have the right to bring proceedings in the courts of your country of residence.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and Company regarding the Services, and supersede all prior agreements, understandings, or communications.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

15.3 Waiver

No failure or delay by Company in exercising any right under these Terms shall constitute a waiver of that right. A waiver of any default shall not constitute a waiver of any subsequent default.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without Company's prior written consent. Company may assign its rights and obligations without your consent, including in connection with a merger, acquisition, or sale of substantially all of its assets.

15.5 Modifications

Company reserves the right to modify these Terms at any time. Material changes will be communicated via email or a notice within the Services at least fourteen (14) days before taking effect. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modifications, you must stop using the Services and may request account deletion.

15.6 Force Majeure

Company shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond Company's reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, internet or infrastructure failures, or disruptions to third-party services.

16. Contact

If you have any questions about these Terms, please contact us:

• Email: [email protected]
• Company: InstaSweep
• Website: instasweep.app