Terms of Service

Last Updated: December 2024

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and NextGen Marketing and Automation LLC ("Company," "we," "us," or "our"), operating under the brand name CommentKeyword, regarding your use of the CommentKeyword platform and services (the "Service").

By creating an account, accessing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Service Description

CommentKeyword is a Software-as-a-Service (SaaS) platform that provides:

• Keyword Monitoring: Automated detection of specified keywords in Instagram comments
• Automated Messaging: Direct message automation and follow-up sequences
• AI Conversations: Intelligent conversation management and lead qualification
• Analytics Dashboard: Performance tracking and engagement metrics
• Campaign Management: Tools to create, manage, and optimize automation campaigns

3. Eligibility and Account Requirements

3.1 Age and Authority

• You must be at least 18 years old to use CommentKeyword
• You must have legal authority to enter binding contracts
• If representing a business, you warrant authority to bind that entity

3.2 Instagram Business Account

• You must own or have authorized access to an Instagram Business Account
• Your Instagram account must comply with Meta's Terms of Service
• You are responsible for maintaining your Instagram account in good standing

3.3 Account Security

• You are responsible for maintaining account confidentiality
• You must notify us immediately of any unauthorized access
• You are liable for all activities under your account

4. Instagram API Compliance

4.1 Platform Compliance

CommentKeyword operates under Meta's Instagram Business API. You agree to:

• Comply with Instagram's Terms of Service and Community Guidelines
• Respect Meta's Platform Terms and Developer Policies
• Use authentic, non-misleading engagement practices
• Maintain appropriate content standards in all automated communications

4.2 Rate Limiting and Usage

• CommentKeyword automatically enforces Instagram's rate limits
• You may not attempt to circumvent these limitations
• We reserve the right to throttle usage to maintain platform compliance
• Excessive usage that risks API violations may result in account suspension

5. Acceptable Use Policy

5.1 Permitted Uses

• Legitimate business engagement and lead generation
• Responding to genuine interest expressed through comments
• Providing value-based content and information
• Building authentic customer relationships

5.2 Prohibited Activities

You may not use CommentKeyword for:

• Spam or Harassment: Mass unsolicited messages or aggressive follow-ups
• Deceptive Practices: False claims, misleading information, or impersonation
• Adult Content: Sexually explicit material or age-inappropriate content
• Illegal Activities: Any content or activity that violates applicable laws
• Hate Speech: Discriminatory, threatening, or harmful content
• Intellectual Property Violations: Unauthorized use of copyrighted material
• Competition Analysis: Using the service to monitor competitors' activities
• Data Harvesting: Collecting user data for unauthorized purposes

5.3 Content Standards

• All automated messages must provide genuine value to recipients
• Content must be relevant to the original comment or interaction
• Messages should maintain professional and respectful tone
• Avoid excessive frequency that could be perceived as spam

6. Subscription Plans and Billing

6.1 Service Plans

• Free Plan: Limited features with usage restrictions
• Paid Plans: Enhanced features with higher usage limits
• Enterprise Plans: Custom solutions for large organizations

6.2 Billing Terms

• Subscription fees are billed in advance on a monthly or annual basis
• All payments are processed securely through Stripe
• Prices are subject to change with 30 days' notice
• Usage overages may result in additional charges

6.3 Refunds and Cancellations

• Monthly subscriptions may be cancelled at any time
• Annual subscriptions are non-refundable except as required by law
• Service continues until the end of the current billing period
• Refunds for technical issues are evaluated case-by-case

7. Data and Privacy

7.1 Data Ownership

• You retain ownership of your business data and content
• CommentKeyword processes data solely to provide the Service
• We do not sell or monetize your customer data
• You can export your data at any time

7.2 Data Processing

• We process Instagram data in accordance with Meta's policies
• AI processing may improve service quality and features
• Anonymized, aggregated data may be used for product development
• All processing complies with applicable privacy laws

8. Intellectual Property

8.1 CommentKeyword IP

• CommentKeyword retains all rights to the platform and technology
• You receive a limited license to use the Service
• Our trademarks, logos, and branding remain our property
• Any feedback or suggestions become our property

8.2 User Content

• You grant us license to process your content to provide the Service
• You warrant that your content doesn't infringe third-party rights
• We may remove content that violates these Terms
• You indemnify us against claims related to your content

9. Service Availability and Support

9.1 Uptime and Performance

• We strive for 99.9% uptime but don't guarantee uninterrupted service
• Scheduled maintenance will be announced in advance
• Service may be temporarily unavailable due to technical issues
• We are not liable for third-party service interruptions (Instagram API, etc.)

9.2 Customer Support

• Support is provided via email and in-app messaging
• Response times vary by subscription plan
• We provide documentation and training resources
• Enterprise customers receive priority support

10. Limitation of Liability

10.1 Service Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Liability Limits

• Our liability is limited to the amount paid for the Service in the past 12 months
• We are not liable for indirect, incidental, or consequential damages
• This includes lost profits, data loss, or business interruption
• Some jurisdictions may not allow these limitations

10.3 Instagram Platform Risks

• Instagram may change policies, affecting our Service
• Your Instagram account actions are your responsibility
• We are not liable for Instagram account restrictions or bans
• Platform API changes may impact service functionality

11. Indemnification

You agree to indemnify and hold CommentKeyword harmless from claims arising from:

• Your use of the Service in violation of these Terms
• Your content or automated messages
• Violation of third-party rights
• Your Instagram account activities
• Breach of applicable laws or regulations

12. Termination

12.1 Termination by You

• You may terminate your account at any time
• Termination is effective at the end of the current billing period
• You can export your data before termination
• Some data may be retained as required by law

12.2 Termination by Us

We may terminate your account for:

• Violation of these Terms or our policies
• Non-payment of fees
• Illegal activity or fraud
• Extended inactivity
• Instagram API compliance violations

12.3 Effect of Termination

• Service access is immediately revoked
• Automated campaigns are stopped
• Data may be deleted after a reasonable period
• Surviving provisions remain in effect

13. Changes to Terms

We may update these Terms to reflect:

• Changes in our Service or features
• Legal or regulatory requirements
• Industry best practices
• Platform policy updates

We will provide 30 days' notice of material changes via email or platform notification. Continued use constitutes acceptance of the updated Terms.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of [Jurisdiction], without regard to conflict of law principles.

14.2 Dispute Process

• Disputes should first be addressed through customer support
• Unresolved disputes may proceed to binding arbitration
• Arbitration will be conducted by a neutral arbitrator
• Class actions and jury trials are waived

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between us.

15.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full force.

15.3 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations.

16. Contact Information

For questions about these Terms or to report violations, please contact us:

• Contact Form: Submit an inquiry through our contact page
• Legal Inquiries: Use our contact form and select "Legal" as the inquiry type
• Address: NextGen Marketing and Automation LLC, Legal Team, [Address]