Terms of Service

1. Acceptance of Terms

By accessing and using Chata's Instagram DM AI assistant service ("Service"), you accept and agree to be bound by the terms and provisions of this agreement. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Chata, operated by Tauras Nienius ("we," "us," or "our").

If you do not agree to these Terms, please do not access or use our Service. By creating an account, connecting your Instagram account, or using any part of our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

These Terms apply to all users of the Service, including without limitation users who are browsers, customers, merchants, and contributors of content. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Service

Chata provides an AI-powered Instagram Direct Message automation service that enables businesses and creators to automate customer engagement through intelligent AI responses. Our Service allows users to:

• Connect their Instagram Business accounts through secure OAuth authentication
• Automate intelligent responses to incoming direct messages using AI technology
• Customize AI personality, tone, and response behavior to match their brand voice
• Configure AI settings including conversation examples, frequently asked questions, and promotional links
• Track usage analytics, performance metrics, and engagement statistics
• Manage subscription plans and purchase additional reply credits as needed

Service Limitations: Our Service operates through Meta's Instagram API and is subject to Instagram's terms, policies, and API limitations. We do not guarantee uninterrupted service and may experience downtime due to third-party API issues, maintenance, or other factors beyond our control.

3. User Accounts and Registration

3.1 Account Creation

To use our Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Responsibilities

You are responsible for:

• All activities that occur under your account
• Maintaining the security of your password
• Notifying us immediately of any unauthorized use
• Ensuring your account information is accurate and up-to-date

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Service for lawful purposes only, including:

• Managing legitimate business communications
• Providing customer support and engagement
• Automating routine responses to common inquiries

4.2 Prohibited Uses

You agree not to use the Service to:

• Send spam, unsolicited messages, or engage in harassment
• Violate Instagram's Terms of Service or Community Guidelines
• Impersonate others or misrepresent your identity
• Distribute malware, viruses, or harmful content
• Engage in fraudulent activities or scams
• Violate any applicable laws or regulations
• Attempt to reverse engineer or hack our systems

5. Instagram and Facebook Integration

5.1 Instagram Terms Compliance

By using our Service with Instagram, you agree to comply with Instagram's Terms of Service, Platform Policy, Community Guidelines, and all applicable Meta policies. You are solely responsible for ensuring your use of our Service does not violate Instagram's or Meta's policies, and you acknowledge that violations may result in termination of your Instagram account access or our Service.

5.2 Authentication and Connection Process

To connect your Instagram Business account, you must authenticate through Meta's official OAuth system. Important information about this process:

• Account Requirements: You must be logged into the correct Facebook account that owns or manages the Facebook Page connected to your Instagram Business account. The Facebook Page must be properly linked to your Instagram professional account.
• No Password Access: We never collect, store, or have access to your Facebook or Instagram passwords. All authentication is handled securely through Meta's OAuth system.
• Access Tokens: We only receive and store encrypted access tokens that allow us to send and receive messages through Meta's API. These tokens are encrypted before storage and can be revoked by you at any time.
• Limited Permissions: Our access is limited to what is necessary for the Service to function - specifically, reading and sending direct messages. We cannot access your account externally, post content, modify your profile, or perform actions outside of message management.
• Token Revocation: You can revoke access at any time by disconnecting your Instagram account through our dashboard or directly through your Facebook/Instagram settings. Once revoked, we immediately lose access and cannot reconnect without your explicit re-authorization.

5.3 API Usage and Third-Party Dependencies

Our Service uses Meta's Instagram API to provide functionality. You acknowledge and agree that:

• Meta may change their API, policies, or terms at any time without notice
• We are not responsible for Meta's actions, policy changes, or API modifications
• Your access to Instagram features is subject to Meta's approval and ongoing compliance
• Service interruptions may occur due to Meta API changes, rate limits, or policy enforcement
• We cannot guarantee compatibility with future versions of Meta's API

5.4 Account Responsibility

You are responsible for maintaining the security and proper configuration of your Facebook and Instagram accounts. You must ensure that:

• Your Facebook account has proper administrative access to the connected Facebook Page
• Your Instagram account is properly linked to the Facebook Page
• Your accounts comply with Meta's terms and policies
• You have the legal right to connect and use these accounts with our Service

6. Subscription and Billing

6.1 Subscription Plans

We offer various subscription plans with different features, usage limits, and pricing. Subscription plans are billed on a monthly basis and include a specific number of AI-generated replies per month. You may upgrade, downgrade, or cancel your subscription at any time through your account dashboard. Changes to your subscription will take effect at the beginning of your next billing cycle, unless otherwise specified.

6.2 Payment Terms

By subscribing to our Service, you agree to the following payment terms:

• Billing Cycle: All subscription fees are billed in advance on a monthly basis. Your subscription automatically renews each month unless cancelled.
• Payment Methods: We accept payments through secure third-party payment processors. You authorize us to charge your payment method for all applicable fees.
• Refund Policy: Subscription fees are non-refundable except as required by applicable law. We do not provide refunds for partial months, unused replies, or changes in subscription plans.
• Price Changes: We reserve the right to change our pricing with 30 days' advance notice. Price changes will apply to your next billing cycle. Continued use of the Service after the price change constitutes acceptance of the new pricing.
• Failed Payments: If payment fails, we will attempt to process the payment again. Continued payment failures may result in service suspension or termination. You are responsible for maintaining valid payment information.
• Additional Purchases: You may purchase additional reply credits at any time. These purchases are final and non-refundable.

6.3 Usage Limits and Overages

Each subscription plan includes specific monthly reply limits. Important information about usage:

• Monthly Limits: Reply limits reset at the beginning of each billing cycle. Unused replies do not carry over to the next month.
• Free Trial: New users may be eligible for a one-time free trial of replies, subject to our free trial terms and conditions.
• Exceeding Limits: When you reach your monthly limit, the Service will stop sending AI-generated replies until your next billing cycle or until you purchase additional reply credits.
• No Automatic Charges: We will not automatically charge you for exceeding your plan limits. You must explicitly purchase additional reply credits if you wish to continue using the Service beyond your plan limits.

6.4 Cancellation and Refunds

You may cancel your subscription at any time through your account dashboard. Upon cancellation:

• Your subscription will remain active until the end of your current billing period
• You will continue to have access to all features until the subscription expires
• No refunds will be provided for the current billing period
• Your account will be downgraded to a free account (if applicable) or terminated upon expiration

7. Data and Privacy

Your privacy is important to us. Our collection, use, and protection of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to the collection and use of your information as described in our Privacy Policy.

7.1 Data Ownership

You retain all ownership rights to your content, data, and information. This includes:

• Message content and conversations
• AI settings and configurations you create
• Account information and preferences
• Usage data and analytics specific to your account

We only use your data to provide, maintain, and improve our Service. We do not claim ownership of your content or use it for purposes beyond providing the Service.

7.2 Data Security

We implement industry-standard security measures to protect your data, including encryption in transit and at rest, secure authentication, and regular security audits. However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your data, we cannot guarantee absolute security.

7.3 Data Processing and Compliance

We process your data in compliance with applicable data protection laws, including GDPR, CCPA, LGPD, and DSGVO. You have certain rights regarding your data, as detailed in our Privacy Policy. To exercise these rights, please contact us at chata.dmbot@gmail.com.

8. Intellectual Property

8.1 Our Rights

Chata and its original content, features, and functionality are owned by us and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

8.2 Your Rights

You retain ownership of any content you create or upload to our Service. By using our Service, you grant us a limited license to use your content solely to provide the Service.

9. Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or other operational reasons.

9.1 Service Level Agreement

We target 99.9% uptime but do not guarantee specific availability levels. We are not liable for any damages resulting from service interruptions.

10. Limitation of Liability

To the maximum extent permitted by law, Chata shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use.

10.1 Maximum Liability

Our total liability to you for any claims arising from the use of our Service shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless Chata from any claims, damages, or expenses arising from your use of the Service or violation of these Terms.

12. Termination

12.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your dashboard.

12.2 Termination by Us

We may terminate or suspend your account immediately if you:

• Violate these Terms of Service
• Engage in fraudulent or illegal activities
• Fail to pay subscription fees
• Violate Instagram's policies

12.3 Effect of Termination

Upon termination, your access to the Service will cease immediately, and we may delete your account data in accordance with our Privacy Policy.

13. Dispute Resolution

If you have any concerns or disputes regarding these Terms or our Service, we encourage you to contact us first at chata.dmbot@gmail.com to attempt to resolve the matter amicably.

13.1 Informal Resolution

Before initiating formal dispute resolution, you agree to contact us and attempt to resolve any disputes informally. We will make good faith efforts to resolve disputes within 30 days of receiving your notice.

13.2 Formal Dispute Resolution

If informal resolution is unsuccessful, any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the applicable arbitration association, or through the courts of Germany, depending on your jurisdiction and applicable law.

13.3 Class Action Waiver

You agree that any disputes will be resolved on an individual basis and waive any right to participate in class actions, consolidated proceedings, or representative actions.

14. Governing Law and Jurisdiction

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

14.1 Applicable Law

For users in the European Union, these Terms are subject to EU consumer protection laws. For users in other jurisdictions, local consumer protection laws may apply to the extent they cannot be excluded by contract.

14.2 Jurisdiction

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Germany, except where prohibited by applicable law. You consent to the jurisdiction of such courts.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last updated" date.

Your continued use of the Service after any changes constitutes acceptance of the updated Terms.

16. Contact Information

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