Terms of Service

By accessing or using Cherry ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. These Terms apply to all users of the Service, including Instagram creators, page managers, and any other individuals who access the platform.

Cherry is a platform designed for Instagram creators that enables you to create content, manage Instagram pages, publish posts directly to Instagram, and view performance insights for your posts and pages. The Service integrates with Meta's Instagram Graph API to facilitate these capabilities. Cherry is an independent service and is not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc.

You must be at least 13 years of age to use the Service. By using Cherry, you represent and warrant that you meet this requirement. If you are using the Service on behalf of an organisation or business, you represent that you have the authority to bind that entity to these Terms.

Cherry accesses Instagram data on your behalf through Meta's Instagram Graph API. By connecting your Instagram account to Cherry, you authorise us to access your account data, including your profile information, posts, media, and insights, to the extent permitted by the permissions you grant during the authorisation flow. You are responsible for ensuring your use of Cherry complies with Meta's Terms of Service, Instagram's Community Guidelines, and any applicable advertising or platform policies. Cherry cannot be used to engage in behaviour that violates Instagram's policies, including but not limited to spam, artificial engagement, or the publication of prohibited content.

You retain ownership of all content you create, upload, or publish through Cherry ("User Content"). By submitting User Content to the Service, you grant Cherry a limited, non-exclusive, royalty-free licence to store and process your content solely for the purpose of providing the Service to you. You are solely responsible for the content you publish to Instagram through Cherry. Cherry does not pre-screen User Content and is not liable for any content you post. You must ensure that your content complies with all applicable laws and Instagram's content policies.

You agree not to use Cherry to: • Post content that is illegal, harmful, abusive, defamatory, or violates any third-party rights. • Engage in any form of spam, bulk messaging, or coordinated inauthentic behaviour on Instagram. • Attempt to gain unauthorised access to any part of the Service or its related systems. • Reverse-engineer, decompile, or disassemble any portion of the Service. • Use the Service in a manner that could damage, disable, or impair the Service or interfere with other users' use of the Service. • Resell or sublicence access to the Service without Cherry's prior written consent.

Cherry reserves the right to suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms or engaged in conduct harmful to the Service, other users, or third parties. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Cherry does not warrant that the Service will be uninterrupted, error-free, or free of harmful components. Instagram data availability is subject to Meta's API policies and may change without notice.

To the fullest extent permitted by applicable law, Cherry and its officers, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of, or inability to use, the Service. This includes any loss of data, loss of revenue, or loss of business, even if Cherry has been advised of the possibility of such damages. Our total liability to you for any claim arising from the use of the Service shall not exceed the amount you paid to Cherry in the twelve months preceding the claim.

Cherry may update these Terms from time to time. When we make material changes, we will notify you via the email address associated with your account or by displaying a notice within the Service. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Cherry operates, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

If you have any questions about these Terms, please contact us at santosh@twospoon.ai.