Terms and Conditions

1. Definitions

1.1 The Company (“We,” “Us,” “Our”)

“Social Media Loyalty” (also referred to as “SML”) refers to Social Media Loyalty, a data analytics marketplace headquartered in the State of Texas, United States of America.

1.2 Account Owner (“You,” “Your”)

“Account Owner” (also referred to as “Brand Manager,” “Campaign Owner,” “Page Owner,” or “Client”) refers to any individual, business entity, organization, brand, agency, or authorized representative who registers for an account on the SML Platform, creates or manages marketing campaigns, and is the rightful owner of the associated Instagram business or creator account(s).

1.3 End User

“End User” (also referred to as “Participant,” “Consumer,” or “Instagram User”) refers to any individual who holds an Instagram account and interacts with content published by the Account Owner. End Users are not direct customers of SML.

2. Acceptance of Terms

By accessing, registering for, or using any part of the SML Platform, You acknowledge that You have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy. If You do not agree, You must not access or use the Platform.

If You are using the Platform on behalf of a business or legal entity, You represent and warrant that You have the legal authority to bind such entity to these Terms.

3. Nature of Services

What SML Does:

• Campaign Management tools linked to Account Owner's Instagram accounts
• Engagement Analytics (scoring of likes, comments, story shares)
• Leaderboard Generation and ranking
• Reporting and visualization
• Sharing Tools (public leaderboard links, counter pages)

What SML Does NOT Do:

• SML does not scrape, crawl, or extract data from Instagram. All data retrieval is performed by Third-Party APIs at the Account Owner's direction.
• SML does not have a partnership or agreement with Meta Platforms, Inc. or Instagram.
• SML does not independently decide which accounts or users to analyze.
• SML does not provide legal advice.

4. Eligibility and Age Requirements

To register as an Account Owner, You must be at least eighteen (18) years of age, have the legal capacity to enter into a binding contract, and be the rightful owner of the associated Instagram business or creator account(s).

The Platform relies on Instagram's own age restrictions for End Users (minimum 13 years in most jurisdictions, subject to stricter requirements in certain regions).

The Platform is designed exclusively for business-to-business (B2B) use.

5. Account Registration and Security

You agree to provide accurate information, maintain the confidentiality of Your login credentials, and are solely responsible for all activities under Your account. Sessions expire after 24 hours of inactivity.

6. The Three Parties

7. Account Owner Obligations

The Account Owner hereby acknowledges and irrevocably agrees that:

1. The Account Owner personally requests the extraction of information from their own business Instagram account and accepts all responsibilities.
2. The Account Owner makes this request with full knowledge of all governing and judicial laws of Meta (Instagram) and their own country.
3. SML is solely a data analytics marketplace that processes data at the Account Owner's direction.
4. Data extraction and scraping is NOT performed by SML. It is performed by Third-Party APIs, and the Account Owner has assumed full responsibility.

Compliance Obligations:

• Comply with GDPR, CCPA, PIPEDA, COPPA, and Meta/Instagram Terms of Service
• Inform End Users that their engagement data is being tracked (Instagram bio, post captions, links to Privacy Policy and Delete My Data page)
• Obtain required consent from End Users as required by applicable law
• Respond promptly to End User inquiries and deletion requests
• Maintain records of compliance activities

Responsibility for Public Display:

All data is private by default, accessible only to the Account Owner and authorized team members. Any public disclosure (share links, counter pages) is the Account Owner's sole responsibility.

8. End User Data and Privacy

Data Processed:

• Public profile information (username, display name, profile picture)
• Engagement activity (likes, comments, story shares on campaign posts)
• Derived metrics (scores, rankings, loyalty analysis)

Data NOT Collected:

• Private or direct messages
• Email addresses or phone numbers of End Users
• Precise geolocation of End Users
• Financial information of End Users
• Data from private Instagram accounts

9. Data Collection Methods

SML cannot guarantee uninterrupted access to data. Third-Party APIs may become unavailable at any time.

10. Privacy by Default

11. Consent and Opt-In

End Users may voluntarily Opt-In to campaigns to have their full identity revealed to the Account Owner. Opt-In requires providing an Instagram username, email verification, and explicit consent. End Users may Opt-Out at any time.

12. Public Display of Data

By default, all data is private. The Account Owner may choose to generate public leaderboard links or counter page links. Any public release of data is performed with the Account Owner's responsibility and through the Account Owner's personal account.

13. Right to Erasure (Delete My Data)

Any End User may request deletion of all personal data associated with their Instagram username, in accordance with GDPR Article 17, CCPA Section 1798.105, and PIPEDA Principle 4.3.8.

Deletion requests are processed within 30 calendar days. Visit: Delete My Data

14. Subscription, Fees, and Payment

• Fees are billed in advance (monthly or annual) in USD.
• Late payment may result in account suspension after 15 days.
• Annual: Pro-rata refund within first 30 days. No refunds after.
• Monthly: No refunds for current billing period.
• Campaign data retained for 90 days after cancellation for export.
• All fees are exclusive of applicable taxes (sales tax, VAT, GST).

15. Intellectual Property

The SML Platform and all related intellectual property remains the exclusive property of Social Media Loyalty. Account Owners receive a limited, non-exclusive, non-transferable, revocable license to use the Platform.

16. Prohibited Conduct

Account Owners shall NOT use the Platform to stalk, harass, or discriminate against End Users; reverse-engineer or de-anonymize protected identities; resell raw data; or violate any applicable law.

17. Disclaimer of Warranties

18. Limitation of Liability

19. Indemnification

The Account Owner agrees to indemnify, defend, and hold harmless SML from any claims, damages, or legal actions arising from the Account Owner's use of the Platform, breach of Terms, violation of Meta/Instagram Terms of Service, or failure to notify End Users.

20. Termination

Either party may terminate at any time. SML may suspend or terminate access for breach, non-payment, or illegal activity. Sections 7, 17, 18, 19, 21, and 22 survive termination.

21. Governing Law

These Terms are governed by the laws of the State of Texas, United States of America. Any legal proceedings shall be brought in Texas courts.

22. Dispute Resolution

Disputes shall first be resolved informally (30 days), then through non-binding mediation, and finally through binding arbitration under AAA Commercial Rules in Texas. Class action waiver applies.

23. International Use

SML serves Account Owners in any country permitted by U.S. federal law. The Platform may not be used from sanctioned countries (Cuba, Iran, North Korea, Syria, etc.).

24. Third-Party Services

The Platform integrates with third-party services (APIs, cloud storage, email, payment). SML is not liable for third-party acts, omissions, or failures.

25. Data Retention

• Active accounts: data retained during service use
• Post-termination: 90 days for data export
• Security logs: retained for platform security
• Deletion request records: retained for compliance

26. Modifications

SML may modify these Terms with 30 days' notice. Continued use constitutes acceptance.

27-31. General Provisions

• Severability: Invalid provisions do not affect remaining terms.
• Entire Agreement: These Terms supersede all prior agreements.
• Waiver: Failure to enforce does not waive rights.
• Assignment: Account Owner may not assign without consent.
• Force Majeure: SML not liable for events beyond reasonable control.

32. Contact Information

Summary of Key Points

For the complete legal text, see the full Terms and Conditions document.