Please read these Terms of Service ("Terms") carefully before using FloChat (the "Service") operated by FloChat ("we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not use the Service.
1. Use of the Service
1.1 Eligibility
You must be at least 16 years old and capable of entering a binding contract to use the Service. By using the Service you represent that you meet these requirements.
1.2 Account Responsibility
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at onboarding@resend.dev if you suspect any unauthorised access.
1.3 Acceptable Use
You agree not to use the Service to:
- Send spam, unsolicited bulk messages, or harass other Instagram users
- Violate Instagram's Community Guidelines or Meta's Platform Policies
- Engage in deceptive, fraudulent, or misleading practices
- Distribute malware, phishing links, or other malicious content via automated messages
- Attempt to reverse-engineer, scrape, or otherwise circumvent the Service's technical measures
- Use the Service in any way that violates applicable laws or regulations
2. Instagram Integration
The Service connects to your Instagram Business account via Meta's official API. By connecting your Instagram account, you authorise FloChat to send and receive Direct Messages on your behalf as configured by your automations.
You acknowledge that your continued access to Instagram features is subject to Meta's approval and may be revoked by Meta at any time. FloChat is not responsible for any interruption of Instagram API access caused by Meta's decisions or policy changes.
You are solely responsible for the content of all automated messages sent through the Service. You must ensure your use of Instagram automation complies with Instagram's messaging policies, including rules around promotional messages and opt-out mechanisms.
3. Intellectual Property
The Service and its original content (excluding content provided by users) are and will remain the exclusive property of FloChat. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
You retain ownership of any content, message templates, or automation logic you create using the Service. By using the Service, you grant us a limited licence to process that content solely for the purpose of delivering the Service to you.
4. Payment & Subscriptions
Certain features of the Service may require a paid subscription. Subscription fees are billed in advance on a monthly or annual basis and are non-refundable except where required by applicable law. We reserve the right to change pricing with at least 30 days' notice to existing subscribers.
Failure to pay applicable fees may result in suspension or termination of your account and access to the Service.
5. Termination
We reserve the right to suspend or terminate your account at our sole discretion, without prior notice, if we determine you have violated these Terms or engaged in conduct harmful to other users or the integrity of the Service.
You may terminate your account at any time by contacting us. Upon termination, your right to use the Service ceases immediately and we will delete your data in accordance with our Privacy Policy.
6. Disclaimer of Warranties
The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.
7. Limitation of Liability
To the fullest extent permitted by applicable law, FloChat shall not be liable for any indirect, incidental, special, consequential, or punitive damages — including loss of profits, data, goodwill, or business opportunity — arising out of or in connection with your use of the Service, even if we have been advised of the possibility of such damages.
Our total cumulative liability to you for any claims arising out of these Terms or the Service shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) USD $100.
8. Indemnification
You agree to indemnify and hold harmless FloChat and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights including Instagram's platform policies.
9. Governing Law
These Terms shall be governed by and construed in accordance with applicable law. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in the relevant jurisdiction.
10. Changes to These Terms
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last updated" date and notify you by email at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms.
11. Contact Us
If you have any questions about these Terms, please contact us at:
FloChat
Email: onboarding@resend.dev