Terms of Service

3.1 Meta Terms Compliance

• Meta Platform Terms: You must comply with Meta's Platform Terms (https://developers.facebook.com/terms) and Instagram's Terms of Use.
• Community Guidelines: You must follow Instagram's Community Guidelines and Terms of Service.
• API Rate Limits: The Service is subject to Meta's API rate limits (200 DMs per hour, 24-hour messaging window).
• Account Restrictions: If your Instagram account is restricted, suspended, or banned by Meta, our Service may not function properly.

3.2 Instagram Account Disclaimer

IMPORTANT: CreatorFlow is NOT responsible for any actions taken by Meta/Instagram against your account, including but not limited to:

• Account Restrictions: Temporary restrictions, reduced reach, or limited functionality imposed by Instagram.
• Shadowbans: Reduced content visibility or discovery limitations applied by Instagram's algorithms.
• Account Suspension: Temporary suspension of your Instagram account.
• Permanent Bans: Permanent termination of your Instagram account by Meta.
• Content Removal: Removal of posts, Reels, Stories, or messages by Instagram.
• Feature Limitations: Loss of access to Instagram features (live streaming, monetization, etc.).

3.3 Instagram Account Connection

• OAuth Authentication: We use Meta's OAuth 2.0 for secure authentication. We never ask for or store your Instagram password.
• Permissions: By connecting your Instagram account, you grant CreatorFlow permission to send direct messages and access profile information on your behalf.
• Revocation: You may revoke access at any time through your Instagram settings, Meta account settings, or CreatorFlow account dashboard.
• Account Types: The Service works with Instagram Creator accounts, Business accounts, and Personal accounts (where supported by Meta).

4.1 Account Creation

• Accurate Information: You agree to provide accurate, current, and complete information during registration and to update it as necessary.
• One Account Per User: You may only create one account per individual or business entity.
• Username: You may not use a username that impersonates another person or entity, infringes intellectual property rights, or is offensive or inappropriate.

4.2 Account Security

• Password Responsibility: You are responsible for maintaining the confidentiality of your password and account credentials.
• Unauthorized Access: You must notify us immediately of any unauthorized access or security breach at info@creatorflow.so.
• Account Sharing: You may not share your account credentials with others or allow others to access your account.
• Two-Factor Authentication: We strongly recommend enabling two-factor authentication (if available) for enhanced security.

5.1 Free Plan

• Features: One Instagram account, limited automations, up to 500 DM conversations per month.
• No Payment Required: The Free plan does not require a credit card or payment information.
• Limitations: Subject to usage limits and may have restricted access to Pro features.

5.2 Paid Plans

Paid plans (Pro, Growth) include additional features and higher usage limits.

• Billing Cycle: You may choose monthly or annual billing. Annual plans offer a 20% discount.
• Automatic Renewal: Paid subscriptions renew automatically at the end of each billing period unless canceled before renewal.
• Payment Processing: Payments are processed securely through Stripe. We do not store complete credit card information.
• Failed Payments: If a payment fails, we will attempt to retry. Your account may be downgraded or suspended if payment issues are not resolved within 14 days.
• Price Changes: We may change pricing with at least 30 days' notice. You will have the opportunity to cancel before the new pricing takes effect.

5.3 Taxes

All prices are exclusive of applicable taxes (e.g., VAT, GST, sales tax). You are responsible for paying all taxes associated with your use of the Service. We will add applicable taxes to your invoice where required by law.

5.4 Promotional Pricing and Free Trial Periods

From time to time, we may offer promotional pricing, introductory free periods, or special offers (including waitlist or early-access benefits).

• Promotional Periods: Promotional periods are valid only for the specified duration and plan type.
• No Automatic Conversion: Free promotional periods do not automatically convert to paid subscriptions; you must explicitly subscribe to continue service after the promotional period ends.
• Non-Combinable: Promotional offers cannot be combined with other discounts unless explicitly stated.
• Availability: Promotional offers are subject to availability and may be withdrawn for new users at any time.
• Eligibility Verification: We reserve the right to verify eligibility for promotional offers.
• Abuse Prevention: Abuse of promotional offers (e.g., creating multiple accounts) may result in account termination and forfeiture of any promotional benefits.
• Waitlist Participants: For waitlist participants, your promotional benefit (if any) will be communicated at the time of product launch and is subject to the terms specified in that communication.

6.1 Cancellation Policy

• Cancel Anytime: You may cancel your paid subscription at any time from your account settings.
• Effective Date: Cancellations take effect at the end of your current billing period. You will retain access to paid features until that date.
• No Partial Refunds: We do not provide prorated refunds for partial billing periods.
• Free Plan Downgrade: After cancellation, your account will automatically downgrade to the Free plan.

6.2 Refund Policy

• 14-Day Money-Back Guarantee: New subscribers may request a full refund within 14 days of their first paid subscription charge. For EU/EEA consumers, see also Section 7 (EU Right of Withdrawal) for your statutory rights.
• Refund Process: To request a refund, contact info@creatorflow.so with your account email and reason for the refund request.
• Refund Exceptions: Refunds are not available for (a) renewals after the initial subscription period, (b) annual plans after 14 days, (c) violations of these Terms, or (d) accounts that have been terminated for abuse.
• Processing Time: Approved refunds are processed within 5-10 business days to the original payment method.

7.1 Withdrawal Period

• 14-Day Right: You have the right to withdraw from your subscription contract within 14 calendar days from the date the contract is concluded (the date of your first subscription purchase).
• No Reason Required: You do not need to provide a reason for exercising your withdrawal right.
• How to Withdraw: To exercise the right of withdrawal, you must inform us of your decision by a clear statement (e.g., email to info@creatorflow.so). You may use the model withdrawal form below, but it is not mandatory.

7.2 Waiver of Withdrawal Right for Digital Services

CreatorFlow is a digital service. Under Article 16(m) of the Consumer Rights Directive, the right of withdrawal does not apply to contracts for digital content or digital services where performance has begun with your prior express consent and your acknowledgment that you lose your right of withdrawal.

• Express Consent: By subscribing and activating your paid plan, you expressly consent to the immediate performance of the Service.
• Acknowledgment: You acknowledge that by consenting to the immediate performance of the digital service, you lose your right of withdrawal once the service has been fully performed.
• Partial Performance: If you withdraw during the 14-day period and the service has been partially performed, you may be required to pay an amount proportional to what has been provided up to the point of withdrawal.
• Commercial Guarantee: In addition to any statutory rights, CreatorFlow offers a 14-day money-back guarantee for new subscribers as described in our Refund Policy. This commercial guarantee may provide benefits beyond your statutory rights.

7.3 Model Withdrawal Form

To: CreatorFlow Labs S.L., info@creatorflow.so. I hereby give notice that I withdraw from my contract for the provision of the CreatorFlow service. Ordered on [date] / received on [date]. Name of consumer. Address of consumer. Email address associated with the account. Date and signature (only if submitted on paper).

7.4 Effects of Withdrawal

• Refund: If you withdraw within the 14-day period and the waiver does not apply, we will reimburse all payments received from you without undue delay and no later than 14 days from the day we are informed of your decision to withdraw.
• Refund Method: We will use the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise. No fees will be charged for the reimbursement.
• Account: Your account will be downgraded to the Free plan upon processing of the withdrawal.

8.1 Switching to Another Provider

If you wish to switch from CreatorFlow to another service provider, or to an on-premise solution, the following terms apply:

• Notice Period: Provide CreatorFlow with written notice at least two (2) months before your intended switch date by contacting info@creatorflow.so.
• Transition Period: Upon receiving your notice, CreatorFlow will schedule a minimum 30-day transition period during which your account remains fully accessible and operational.
• Extension: You may request a one-time extension of the transition period, up to a maximum of seven (7) months total, if additional time is needed.
• Service Continuity: During the notice and transition periods, CreatorFlow will maintain normal service levels, uptime, and support.
• Assistance: CreatorFlow will assist you in good faith throughout the transition, including providing export tools, guides, and support for data migration.

8.2 Data Export and Portability

You are entitled to export your account data in open, machine-readable formats. Exportable data includes:

• Automation Flows: Your DM automation configurations and templates, exported in JSON format.
• Contact Lists: Collected email addresses, Instagram usernames, and custom fields, exported in CSV or JSON format.
• Analytics Data: Engagement metrics, click tracking data, and performance reports.
• Account Configuration: Workspace settings, connected accounts, and user preferences.
• Third-Party Data: Data originating from Instagram or other third-party platforms may not be available for export through CreatorFlow, as such data remains accessible through the respective platform.

8.3 Fees

• Until January 12, 2027: CreatorFlow may pass through documented third-party costs (e.g., data transfer fees) associated with the switching process. You will be informed of any such costs in advance.
• After January 12, 2027: In accordance with Article 29 of the EU Data Act, no switching charges will be applied.
• Subscription Fees: Prepaid subscription fees are non-refundable upon early termination for switching purposes, except where statutory withdrawal rights apply (see Section 7).

8.4 Post-Transition

• Retrieval Period: After the transition period ends, you have an additional 30-day retrieval period to download any remaining data.
• Data Deletion: At the end of the retrieval period, unless otherwise agreed, CreatorFlow may delete your data except any data it is legally required to retain.
• Termination: The service is considered terminated upon successful completion of the switch or at the end of the notice period if you choose to terminate without switching.

9.1 Abuse Reporting

If you become aware of any abuse, misuse, or violations of this Acceptable Use Policy by other users, please report it to info@creatorflow.so with details of the violation.

• How to Report: Email info@creatorflow.so with the username, description of the violation, and any relevant evidence.
• Investigation: We will investigate all reports and take appropriate action, which may include warning, suspending, or terminating the violating account.
• Confidentiality: We treat abuse reports confidentially and will not share your identity with the reported user without your consent.
• No Retaliation: We prohibit retaliation against users who report abuse in good faith.

9.2 Consequences of Violations

Users who violate the Acceptable Use Policy may face the following consequences:

• Warning: First-time or minor violations may result in a warning and request to cease the behavior.
• Temporary Suspension: Repeated or moderate violations may result in temporary account suspension.
• Permanent Termination: Serious violations, repeated offenses, or illegal activity will result in permanent account termination. Your subscription will be immediately canceled without refund, and you will lose access to all paid features, data, and collected contacts.
• Legal Action: We may report illegal activities to law enforcement and cooperate with investigations.
• No Refunds: Accounts terminated for abuse violations are not eligible for refunds.

10.1 Your Content

• Ownership: You retain ownership of all content, messages, and data you create or upload through the Service ("Your Content").
• License to Us: You grant CreatorFlow a limited, non-exclusive, worldwide license to use, store, and process Your Content solely to provide and improve the Service.
• Responsibility: You are solely responsible for Your Content and its legality. CreatorFlow is a technology platform that provides automation tools — we do not monitor, review, or approve the content of messages you send through the Service. All DM content is your sole responsibility. We reserve the right to remove content that violates these Terms.

10.2 Email Collection and GDPR Compliance

• Your Responsibility as Data Controller: When you collect emails through our Service, you are the data controller. You must comply with applicable data protection laws (GDPR, CCPA, etc.).
• Consent Requirement: You must obtain explicit, informed consent from users before collecting their email addresses.
• User Rights: You must honor data subject requests (access, deletion, portability) for emails collected through our Service.
• Our Role as Processor: CreatorFlow acts as a data processor for emails collected through the Service. Our Privacy Policy and Terms include data processing terms.
• Data Security: Collected emails are stored securely with encryption. You are responsible for using collected emails lawfully and protecting them from unauthorized access.

10.3 Data Processing Agreement

By using the email collection feature, you agree to the Data Processing Agreement terms incorporated into these Terms, which include:

• Processing of personal data only on your documented instructions
• Confidentiality obligations for personnel with access to personal data
• Appropriate technical and organizational security measures
• Assistance with data subject requests and regulatory compliance
• Notification of data breaches within 72 hours
• Deletion or return of personal data upon termination

11.1 Our Intellectual Property

• Ownership: CreatorFlow retains all rights, title, and interest in the Service, including all software, technology, trademarks, logos, and documentation.
• Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms.
• Restrictions: You may not copy, modify, reverse engineer, decompile, or create derivative works of the Service without our written permission.
• Trademarks: CreatorFlow, the CreatorFlow logo, and related marks are trademarks owned by us. You may not use them without our prior written consent.

11.2 Feedback

If you provide feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, incorporate, and exploit the Feedback without compensation or attribution.

16.1 Termination by You

• You may terminate your account at any time by contacting info@creatorflow.so or using the account deletion option in your settings.
• Upon termination, your access to paid features will cease, and your account will be deleted within 90 days.
• You remain responsible for any charges incurred before termination.

16.2 Suspension or Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms or our Acceptable Use Policy
• Your account is associated with fraudulent activity or abuse
• Required by law or at the request of law enforcement
• Your Instagram account is suspended or banned by Meta
• Your payment method fails and you do not resolve the issue within 14 days
• We determine, in our sole discretion, that your continued use of the Service poses a risk to us, other users, or third parties

16.3 Effect of Termination

• Upon termination, your right to use the Service immediately ceases.
• We will delete your account data within 90 days, except where retention is required for legal, accounting, or security purposes.
• Sections of these Terms that by their nature should survive termination will remain in effect (e.g., disclaimers, limitations of liability, indemnification).

17.1 Informal Dispute Resolution

If you have a dispute with CreatorFlow, please contact us at info@creatorflow.so to attempt to resolve the dispute informally before pursuing formal legal action. We will work in good faith to resolve disputes within 60 days.

17.2 Binding Arbitration

For users in the United States: Any dispute arising out of or related to these Terms or the Service that cannot be resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. Arbitration will be conducted in Madrid, Spain or via video conference. You waive your right to a jury trial and to participate in class actions.

• Small Claims Court: Either party may bring an individual action in small claims court instead of arbitration.
• Opt-Out: You may opt out of arbitration by emailing info@creatorflow.so within 30 days of accepting these Terms.

17.3 European Users

For users in the European Economic Area, UK, or Switzerland: Disputes shall be governed by the laws of Spain and subject to the jurisdiction of courts in Madrid, Spain. European users may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

20.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, Data Processing Agreement, and Refund & Cancellation Policy, constitute the entire agreement between you and CreatorFlow regarding the Service and supersede all prior agreements.

20.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

20.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

20.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.

20.5 Force Majeure

We are not liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, war, terrorism, pandemic, internet failures, or actions of third parties.

20.6 Relationship

These Terms do not create a partnership, joint venture, employment, or agency relationship between you and CreatorFlow.