Terms of Service

1. Acceptance of Terms

These Terms take effect when you first access the Service or create an account, whichever occurs first. We reserve the right to modify these Terms at any time. Material changes will be communicated via email and/or Service notification at least 14 days before they take effect. Your continued use after the effective date constitutes acceptance. If you disagree with any modification, your sole remedy is to discontinue use and delete your account.

2. Description of Service

LoopFuel is a software-as-a-service platform that enables users to create automated Instagram Direct Message workflows, manage conversations, generate AI-powered reply suggestions, and analyze messaging performance, all through Meta's official APIs. The Service is a tool that acts on your instructions; you retain full control and responsibility for the content of messages sent through your account.

3. Eligibility

To use the Service, you must: (a) be at least 18 years of age; (b) have the legal capacity to enter into a binding contract; (c) not be prohibited from using the Service under applicable law; and (d) have a valid Instagram Business or Creator account connected through Meta's OAuth flow. If you use the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

4. Account Registration

• You must provide accurate, current, and complete registration information and keep it updated.
• You are solely responsible for maintaining the confidentiality of your login credentials.
• You are solely responsible for all activity that occurs under your account, whether or not authorized by you.
• You must notify us immediately at security@loopfuel.in of any unauthorized access or security breach.
• We reserve the right to suspend or terminate accounts with inaccurate, fraudulent, or misleading information.

5. Instagram Account Connection

By connecting your Instagram account to the Service, you:

• Authorize us to access your Instagram account data through Meta's API, limited to the permissions you explicitly grant during OAuth
• Represent and warrant that you own or have proper authorization to connect and manage the Instagram account
• Acknowledge that you are the data controller of messages sent through your account and the personal data of users who receive those messages
• Accept sole responsibility for the content, timing, frequency, and legality of messages sent through your automation flows
• Acknowledge that Meta may restrict, suspend, or permanently disable your Instagram account at any time for any violation of their policies, and that we have no liability for any such action by Meta

6. Workspace & Team Access

The Service supports multi-user workspaces. The workspace owner (Client Admin) is responsible for:

• Managing team member invitations, roles, and account assignments
• Ensuring all team members comply with these Terms
• All actions performed by team members within the workspace, regardless of their individual role
• Revoking access for departing team members and reassigning Instagram account ownership

We are not liable for any unauthorized actions by team members, including employees, contractors, freelancers, or any other personnel granted access by the workspace owner.

7. Acceptable Use Policy

You agree to use the Service in compliance with all applicable laws, regulations, and third-party terms (including Meta's Platform Terms and Community Standards). You shall:

• Send messages only to users who have initiated a conversation or explicitly opted in
• Respect the 24-hour messaging window as enforced by Meta's API
• Honor all opt-out requests promptly
• Ensure that all message content is truthful, non-deceptive, and compliant with applicable advertising and consumer protection laws
• Not use the Service in any manner that could damage, disable, overburden, or impair our infrastructure

8. Prohibited Activities

You agree not to:

• Send spam, unsolicited bulk messages, or harassing, threatening, or abusive content
• Violate Meta's Platform Terms, Community Standards, or Developer Policies
• Use the Service for phishing, fraud, scams, money laundering, or any illegal activity
• Attempt to circumvent rate limits, compliance enforcement, or safety measures built into the Service
• Reverse engineer, decompile, disassemble, or create derivative works of the Service
• Scrape, data mine, or use automated tools to extract data from the Service
• Share, resell, sublicense, or redistribute access to the Service without our written authorization
• Impersonate any person or entity or misrepresent your affiliation
• Upload malicious code, viruses, or any software intended to damage the Service
• Use the Service to collect sensitive personal data (health, financial, biometric, government IDs) through DMs unless you are independently compliant with applicable regulations (HIPAA, PCI-DSS, etc.)

Violation of this section may result in immediate account suspension or termination without refund, at our sole discretion.

9. AI-Generated Content

• You are solely responsible for reviewing, editing, approving, and assuming full liability for any AI-generated content before it is sent from your account.
• We do not monitor, pre-screen, or verify AI-generated outputs for accuracy, legality, or appropriateness.
• We disclaim all liability for any damages, losses, penalties, fines, claims, lawsuits, or consequences arising from AI-generated content, including but not limited to: defamation, intellectual property infringement, regulatory violations, loss of Instagram account access, reputational harm, financial losses, or third-party legal claims.
• If you enable "auto-send" for AI replies without manual review, you accept the entirety of the risk associated with automated AI-generated messages being sent without human oversight.

10. Subscription & Billing

10.1 Plans & Pricing

The Service offers free and paid subscription plans. Plan features, limits, and pricing are described on our pricing page and may change with 30 days' notice. Grandfathering provisions may apply at our discretion.

10.2 Payment

Paid subscriptions are billed monthly in advance through our payment processors (Stripe and/or Razorpay). By subscribing, you authorize recurring charges. All fees are quoted exclusive of applicable taxes (GST, VAT), which will be added where required.

10.3 Cancellation

You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing period. No prorated refunds are provided for partial months.

10.4 Refunds

All fees are non-refundable except where required by applicable consumer protection law. Refund requests are evaluated on a case-by-case basis at our sole discretion. Technical failures within our reasonable control that result in complete service unavailability for more than 72 consecutive hours may qualify for a prorated credit.

10.5 Failed Payments

If a payment fails, we will attempt to charge your payment method up to 3 additional times. If all attempts fail, your account will be downgraded to the free plan. We may suspend premium features until payment is resolved.

11. Intellectual Property

11.1 Our IP

The Service, including its design, code, features, documentation, brand assets, and all related intellectual property, is owned by Phoenix Branding and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription period, solely for your internal business purposes.

11.2 Your Content

You retain ownership of the content you create, upload, or transmit through the Service (flow configurations, message templates, media). By using the Service, you grant us a limited license to process, store, and transmit your content solely to provide the Service. This license terminates when you delete your content or account.

11.3 Feedback

Any feedback, suggestions, or ideas you voluntarily provide about the Service may be used by us without restriction, attribution, or compensation.

12. Third-Party Services

The Service depends on third-party platforms and services that are entirely outside our control. You acknowledge and agree that:

• Meta/Instagram: Meta may change, deprecate, restrict, or discontinue their APIs, policies, or messaging features at any time, with or without notice. Such changes may reduce, alter, or eliminate functionality of the Service. We are not liable for any impact of Meta's actions on your business, workflows, or account.
• OpenAI: The AI provider may change their models, capabilities, usage policies, pricing, or availability at any time. AI output quality may vary and is not guaranteed.
• Payment processors: Stripe and Razorpay process all payment transactions under their own terms. Payment disputes, chargebacks, and processing errors are subject to their policies.
• Infrastructure: Cloud hosting, DNS, CDN, and other infrastructure providers may experience outages, data loss, or security incidents beyond our control.

We make no warranty, representation, or guarantee regarding the availability, reliability, security, or performance of any third-party service, and we disclaim all liability for any loss or damage arising from third-party service failures, changes, or breaches.

12A. Service Modifications, Maintenance & Data Loss

We reserve the right to, at any time and without prior notice unless otherwise stated:

• Modify, update, upgrade, patch, or redesign any feature, interface, API, or component of the Service
• Perform database migrations, schema changes, data transformations, or storage restructuring
• Upgrade, replace, or deprecate any third-party tool, library, framework, or dependency used in the Service
• Migrate the Service to different servers, regions, hosting providers, or infrastructure platforms
• Change, restructure, or rebuild the database architecture, data models, or storage systems
• Perform routine and emergency maintenance, including restarting servers, clearing caches, reprocessing queues, and rebuilding indexes
• Scale, consolidate, or redistribute computational resources and storage
• Discontinue, replace, or fundamentally alter any feature with 30 days' notice for material changes

You acknowledge and agree that during or as a result of any of the above operations, data loss, data corruption, temporary data unavailability, configuration resets, or service interruption may occur. This includes but is not limited to:

• Loss or corruption of automation flow configurations, message templates, or custom settings
• Loss of historical message data, contact records, or analytics
• Temporary or permanent loss of connected Instagram account data or OAuth tokens, requiring reconnection
• Reset of Spark Points, badges, leaderboard positions, or gamification data
• Loss of data due to database backup failures, incomplete backups, or failed backup restorations
• Data inconsistencies caused by migration scripts, data transformation errors, or schema conflicts
• Data loss due to hosting provider hardware failures, disk corruption, or storage system errors
• Any other data loss arising from the normal or abnormal operation, maintenance, or evolution of the Service

We make commercially reasonable efforts to minimize disruption and data loss during planned operations. However, we do not guarantee that: (a) any operation will be error-free; (b) backups will be available, complete, current, or successfully restorable; (c) data lost during an operation can or will be recovered; (d) the Service will be restored to its exact prior state after any operation; or (e) any specific notice will be provided before emergency or unplanned operations.

13. Disclaimer of Warranties

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Cap: Our total aggregate liability to you for any and all claims arising out of or relating to these Terms or the Service, whether in contract, tort (including negligence), strict liability, or any other theory, shall not exceed the greater of: (a) the total fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred US dollars (USD $100).
• Exclusions: In no event shall we, our directors, officers, employees, contractors, agents, affiliates, or licensors be liable for any: (i) indirect, incidental, special, consequential, exemplary, or punitive damages; (ii) loss of profits, revenue, business, savings, or anticipated savings; (iii) loss of data, goodwill, or reputation; (iv) cost of procurement of substitute services; (v) loss arising from Instagram account suspension, restriction, or ban; (vi) loss arising from Meta API changes, rate limiting, or policy enforcement; (vii) loss arising from AI-generated content inaccuracies or failures; (viii) loss arising from third-party service outages, breaches, or failures; (ix) loss arising from unauthorized access by employees, contractors, or team members; (x) data loss, corruption, or unavailability arising from database migrations, software updates, version upgrades, infrastructure maintenance, dependency changes, backup failures, hosting provider operations, hardware failures, storage errors, or any other planned or unplanned technical operation; (xi) data loss arising from account termination, service discontinuation, or third-party platform policy enforcement; (xii) loss arising from failure of backup systems, disaster recovery procedures, or data restoration processes; or (xiii) any other loss not directly and exclusively caused by our willful misconduct.

This limitation applies even if we have been advised of the possibility of such damages and regardless of the success or effectiveness of other remedies. Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions, our liability is limited to the maximum extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Phoenix Branding, its owners, officers, employees, contractors, agents, and affiliates from and against any and all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs, and expenses (including reasonable attorney's fees) arising out of or relating to:

• Your use or misuse of the Service
• Your violation of these Terms or any applicable law or regulation
• Your violation of Meta's Platform Terms, Community Standards, or Developer Policies
• Content of messages sent through your account (including AI-generated content you approved or auto-sent)
• Your infringement of any third party's intellectual property, privacy, or other rights
• Claims by your end users, customers, followers, or any person who receives messages through your automation flows
• Actions of your team members, employees, contractors, or any person you granted access to your workspace
• Any data breach or security incident arising from your negligence, misconfiguration, or failure to maintain adequate security practices

This indemnification obligation survives termination of your account and these Terms.

16. Data & Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described therein. You are independently responsible for complying with all applicable data protection laws (GDPR, CCPA, India IT Act, etc.) in connection with the personal data you process through the Service.

17. Suspension & Termination

17.1 By You

You may delete your account at any time through Settings or by emailing us. Deletion does not entitle you to a refund of any prepaid fees.

17.2 By Us

We reserve the right to suspend or terminate your access to the Service, with or without notice, for any reason, including but not limited to:

• Violation of these Terms, the Acceptable Use Policy, or the Prohibited Activities section
• Activity that risks the security, integrity, or reputation of the Service or other users
• Non-payment of fees after exhausting retry attempts
• Request or requirement by law enforcement, regulatory authority, or court order
• Extended period of inactivity (12+ months with no login)
• Discontinuation of the Service (with 30 days' notice)

17.3 Effect of Termination

Upon termination: (a) your license to use the Service immediately ends; (b) you must cease all use of the Service; (c) we may delete your data in accordance with our Privacy Policy; (d) sections 9, 11, 13-15, 18-20 survive termination.

18. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent such failure or delay results from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil unrest, government actions or sanctions, embargoes, regulatory changes, power outages, internet or telecommunications failures, cyberattacks, DDoS attacks, third-party service outages (including Meta, OpenAI, AWS, or other providers), hardware failures, labor disputes, or any other event beyond our reasonable control. During a force majeure event, our obligations are suspended for the duration of the event.

19. Dispute Resolution

19.1 Informal Resolution

Before filing any formal legal proceeding, you agree to attempt to resolve the dispute informally by contacting us at legal@loopfuel.in. We will attempt to resolve the dispute within 30 days.

19.2 Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms shall be resolved by binding arbitration under the Arbitration and Conciliation Act, 1996 (India), conducted by a sole arbitrator in Bangalore, Karnataka, India. The language of arbitration shall be English. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

19.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against us.

19.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Subject to the arbitration clause above, the courts of Bangalore, Karnataka, India shall have exclusive jurisdiction.

20. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any plan-specific terms, constitute the entire agreement between you and us regarding the Service, superseding all prior agreements, discussions, and understandings.
• Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
• Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by us.
• Assignment: You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms freely in connection with a merger, acquisition, reorganization, or sale of assets.
• No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights, except as expressly provided herein.
• Notices: We may send notices via email to the address on your account, or through in-app notifications. You are responsible for keeping your email address current. Notices to us must be sent to legal@loopfuel.in.
• Headings: Section headings are for convenience only and do not affect interpretation.

21. Contact