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Terms of service

Last updated: December 22, 2024 · Effective date: December 22, 2024
The short version: use MyLinkPal for legitimate Instagram automation, follow Meta's policies, and review the full terms below before you sign up.

Last Updated: December 22, 2024

Effective Date: December 22, 2024

1. Introduction and Acceptance

Welcome to MYLINKPAL!

These terms and conditions outline the rules and regulations for the use of MYLINKPAL's Website, located at https://mylinkpal.co

By accessing this website we assume you accept these terms and conditions. Do not continue to use MYLINKPAL if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services, in accordance with and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

These Terms of Service ("Terms") govern your access to and use of our Instagram automation platform and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

2. Eligibility and Account Requirements

2.1 Account Registration

To access certain features of the Service, you must:

  • Create an account with accurate and complete information
  • Maintain the security of your account credentials
  • Immediately notify us of any unauthorized access
  • Accept full responsibility for all activities under your account

2.2 Instagram Business Account Requirement

The Service is designed for Instagram Business and Creator accounts only. You represent and warrant that:

  • You own or have authorization to manage the Instagram accounts you connect
  • Your Instagram accounts comply with Meta's Terms of Service and Community Guidelines
  • You will not use the Service to manage personal Instagram accounts
  • You meet Meta's eligibility requirements for Instagram Business and Creator accounts

3. Service Description

3.1 Core Features

MYLINKPAL provides Instagram automation tools including:

  • Automated direct message responses
  • Comment-to-DM automation
  • Story mention and reply automation
  • Keyword trigger-based messaging
  • Message sequence automation
  • Subscriber management and analytics

3.2 Service Availability

We strive to provide reliable service but do not guarantee:

  • Uninterrupted or error-free operation
  • Specific uptime percentages or service level agreements
  • Compatibility with all devices or platforms
  • That the Service will meet your specific requirements

The Service depends on third-party services including Meta's Instagram API, which may experience interruptions beyond our control.

3.3 Service Modifications

We reserve the right to:

  • Modify, suspend, or discontinue any part of the Service at any time
  • Impose limits on certain features or restrict access to parts of the Service
  • Change pricing and subscription plans with 30 days' notice

4. Subscription Plans and Billing

4.1 Subscription Plans

We offer multiple subscription tiers with varying features and limits. Current plan details are available at https://mylinkpal.co/pricing.

4.2 Payment Terms

  • Billing Cycle: Subscriptions are billed monthly or annually based on your selected plan
  • Payment Methods: We accept payments through Lemon Squeezy (international) and Razorpay (India)
  • Currency: Prices are displayed in INR (Indian Rupees) or USD (US Dollars)
  • Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date
  • Price Changes: We will notify you 30 days before any price increases

4.3 Refund Policy

All sales are final. We do not offer refunds for any subscription fees, including:

  • Partial month refunds if you cancel mid-billing cycle
  • Refunds for unused features or services
  • Refunds due to account termination for Terms violations

Exception: If we terminate your account due to our error or service failure (not due to your violation of these Terms), we may provide a pro-rated refund at our sole discretion.

4.4 Cancellation

You may cancel your subscription at any time through your account dashboard. Upon cancellation:

  • Your access continues until the end of your current billing period
  • No refund will be issued for the remaining period
  • Your data will be retained for 30 days, then deleted per our Privacy Policy

4.5 Payment Disputes

If you dispute a charge:

  • Contact us at sudharsankumar@mylinkpal.co before initiating a chargeback
  • Chargebacks may result in immediate account suspension
  • We reserve the right to collect disputed amounts plus administrative fees

5. Acceptable Use Policy

5.1 Permitted Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You may use the Service to:

  • Automate legitimate business communications on Instagram
  • Respond to customer inquiries and engagement
  • Provide customer support through Instagram messaging
  • Send marketing messages to users who have initiated contact with you

5.2 Prohibited Activities

You agree NOT to use the Service to:

Spam and Abuse:

  • Send unsolicited messages to users who have not initiated contact
  • Send bulk messages to purchased or scraped contact lists
  • Circumvent Instagram's messaging limits or rate limits
  • Use the Service for any form of spam or harassment

Illegal or Harmful Content:

  • Transmit any unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable content
  • Promote illegal activities, violence, or discrimination
  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights of others

Deceptive Practices:

  • Impersonate any person or entity
  • Misrepresent your affiliation with any person or entity
  • Use misleading or deceptive marketing practices
  • Collect user information without proper consent

Platform Manipulation:

  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Interfere with or disrupt the Service or servers
  • Use automated scripts or bots beyond the Service's intended functionality
  • Reverse engineer, decompile, or attempt to extract source code

Prohibited Industries (where applicable by law):

  • Adult content or services
  • Gambling or online betting
  • Pharmaceutical products without proper licensing
  • Weapons or explosives
  • Tobacco products
  • Illegal substances

5.3 Meta Platform Policies

You must comply with:

  • Meta's Terms of Service
  • Instagram's Community Guidelines
  • Meta's Platform Terms
  • All applicable Meta policies regarding automated messaging

We are not responsible for violations of Meta's policies. Such violations may result in your Instagram account being restricted or banned by Meta.

5.4 Enforcement

We reserve the right to:

  • Investigate any suspected violations of these Terms
  • Remove or disable access to any content that violates these Terms
  • Suspend or terminate accounts that violate these Terms
  • Report illegal activities to law enforcement

6. Intellectual Property Rights

6.1 Service Ownership

The Service, including all software, technology, designs, graphics, text, and other materials, is owned by MYLINKPAL and protected by Indian and international intellectual property laws. We retain all rights, title, and interest in the Service.

6.2 User Content Ownership

You retain all ownership rights to content you create through the Service, including:

  • Message templates and automation configurations
  • Custom keyword triggers
  • Subscriber data and conversation history

6.3 License Grant to MYLINKPAL

By using the Service, you grant MYLINKPAL a worldwide, non-exclusive, royalty-free license to:

  • Use, store, process, and display your content solely for providing the Service
  • Analyze your content in anonymized, aggregated form for service improvement
  • Display your content in your account dashboard and reports

We will NOT:

  • Sell your content to third parties
  • Use your content for purposes unrelated to providing the Service
  • Share your content publicly without your consent

6.4 Feedback and Suggestions

If you provide feedback, suggestions, or ideas about the Service:

  • You grant us an unlimited, irrevocable license to use such feedback
  • We are not obligated to implement any feedback
  • You waive any claims to compensation for feedback used

6.5 Trademark Usage

"MYLINKPAL" and our logo are trademarks of MYLINKPAL. You may not use our trademarks without prior written permission, except to accurately describe your use of our Service (e.g., "powered by MYLINKPAL").

7. User Data and Privacy

7.1 Privacy Policy

Our collection and use of your personal information is governed by our Privacy Policy, available at https://mylinkpal.co/privacy. By using the Service, you consent to our Privacy Policy.

7.2 Data Processing

You acknowledge that the Service requires access to:

  • Your Instagram Business Account data
  • Instagram user messages, comments, and interactions
  • Subscriber information and conversation history

You represent and warrant that you have the necessary rights and consents to provide this data to us.

7.3 Instagram User Data

For Instagram users who interact with your account:

  • You must comply with Meta's data policies
  • You must provide appropriate privacy notices to your Instagram followers
  • You are responsible for honoring opt-out requests and data deletion requests
  • We provide tools to manage opt-outs and deletions, but you are ultimately responsible for compliance

7.4 Data Security

We implement industry-standard security measures including:

  • Encryption of sensitive data at rest and in transit (AES-256-GCM)
  • Role-based access controls
  • Regular security monitoring
  • Secure token storage

However, no system is completely secure. You acknowledge that any data transmission over the internet carries inherent risks.

8. Third-Party Services and Integrations

8.1 Instagram/Meta Platform

The Service integrates with Meta's Instagram platform. Your use of Instagram is subject to Meta's terms and policies. We are not responsible for:

  • Changes to Instagram's API or policies
  • Instagram platform outages or performance issues
  • Actions taken by Meta against your Instagram account

8.2 Payment Processors

We use third-party payment processors (Lemon Squeezy, Razorpay). Your payment information is processed by these providers according to their privacy policies and terms.

8.3 Other Third-Party Services

We may use additional third-party services for:

  • Infrastructure hosting (Vercel, Railway, Supabase)
  • Analytics and monitoring (PostHog)
  • Customer support and communication

We are not responsible for the actions, terms, or privacy practices of these third parties.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We disclaim all warranties, including but not limited to:

  • Merchantability: That the Service is fit for your particular purpose
  • Fitness for Purpose: That the Service will meet your specific requirements
  • Non-Infringement: That use of the Service will not violate third-party rights
  • Accuracy: That information provided through the Service is complete or error-free
  • Security: That the Service is completely secure or free from viruses
  • Uptime: Any specific availability or uptime percentage

We do not warrant that:

  • The Service will be uninterrupted, timely, secure, or error-free
  • Any defects or errors will be corrected
  • The Service will be compatible with your systems
  • Messages sent through the Service will be delivered

Specific Disclaimers:

  • We are not responsible for the content of messages sent through the Service
  • We are not responsible for Instagram's delivery or non-delivery of messages
  • We are not liable for any business losses resulting from Service interruptions
  • We make no guarantees about response rates, engagement, or business outcomes

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY INDIAN LAW:

10.1 Liability Cap

Our total liability to you for all claims arising from or related to the Service is limited to the LOWER of:

  • ₹2,000 (Two Thousand Indian Rupees), OR
  • The amount you paid us in the 3 months immediately preceding the claim

This limitation applies regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise).

10.2 Exclusion of Consequential Damages

We are not liable for:

  • Lost profits, revenue, or business opportunities
  • Loss of data or information
  • Cost of substitute services
  • Reputational harm or loss of goodwill
  • Indirect, incidental, special, consequential, or punitive damages

Even if we have been advised of the possibility of such damages.

10.3 Examples of Excluded Liability

We are specifically NOT liable for:

  • Instagram account suspensions or bans
  • Loss of followers or engagement due to Service use
  • Messages not being delivered by Instagram
  • Automation errors or misfires
  • Data breaches at third-party providers
  • Business losses during Service outages

10.4 Basis of the Bargain

You acknowledge that:

  • These limitations reflect the allocation of risk between us
  • We would not provide the Service at current pricing without these limitations
  • These limitations will apply even if any limited remedy fails its essential purpose

10.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

11.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless MYLINKPAL, its proprietor (Sudharsan Kumar), and its service providers from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your violation of Meta's terms or Instagram policies
  • Content you send through the Service
  • Claims by Instagram users regarding messages you sent
  • Infringement of third-party intellectual property rights
  • Any negligent or wrongful conduct by you

11.2 Indemnification Process

If we seek indemnification from you:

  • We will promptly notify you of the claim
  • You will have the right to control the defense with counsel of your choice
  • We may participate in the defense at our own expense
  • You may not settle any claim without our written consent if it imposes obligations on us

12. Term and Termination

12.1 Term

These Terms remain in effect while you use the Service.

12.2 Termination by You

You may terminate your account at any time by:

  • Cancelling your subscription through the dashboard
  • Sending a termination request to sudharsankumar@mylinkpal.co

Upon termination:

  • Your access ends at the end of your current billing period
  • No refund will be issued for remaining time
  • Your data will be retained for 30 days, then deleted

12.3 Termination by Us

We may suspend or terminate your account immediately for:

Terms of Service Violations (24 hours notice):

  • Prohibited activities under Section 5
  • Spam or abuse of the Service
  • Violations of Meta's Instagram policies
  • Fraudulent activity or payment disputes

Non-Payment (3 days notice after failed payment):

  • Failed subscription payment
  • Expired payment method
  • Chargeback or payment dispute

Inactivity (7 days notice on 38th day of inactivity):

  • No login for 30 consecutive days
  • No active automations or usage

Immediate Termination Without Notice for:

  • Illegal activities
  • Severe violations causing harm to others
  • Attempts to hack or compromise the Service
  • Court orders or legal requirements

12.4 Effect of Termination

Upon termination by either party:

  • Your license to use the Service immediately ceases
  • You must cease all use of the Service
  • We may delete your data per our Privacy Policy
  • Sections 6, 9, 10, 11, and 13 survive termination

12.5 Data Retrieval

Before termination, you may:

  • Export your subscriber data
  • Download conversation history
  • Save automation configurations

After termination, we are not obligated to provide access to your data.

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms are governed by the laws of India, specifically the laws applicable in Tamil Nadu, without regard to conflict of law principles.

13.2 Jurisdiction and Venue

Any disputes shall be subject to the exclusive jurisdiction of the courts in Chennai, Tamil Nadu, India.

13.3 Arbitration Agreement

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996.

Arbitration Details:

  • Seat of Arbitration: Chennai, Tamil Nadu, India
  • Language: English
  • Number of Arbitrators: One (1) arbitrator
  • Arbitrator Selection: Mutually agreed upon, or appointed by the court if parties cannot agree
  • Governing Rules: Arbitration and Conciliation Act, 1996

Exceptions to Arbitration: The following may be brought in court without arbitration:

  • Claims for injunctive or equitable relief
  • Claims related to intellectual property rights
  • Small claims court actions (if amount is within small claims jurisdiction)

13.4 Class Action Waiver

You agree that disputes will be resolved on an individual basis only. You waive any right to bring or participate in:

  • Class actions
  • Class arbitrations
  • Representative actions
  • Collective or mass proceedings

13.5 Informal Dispute Resolution

Before initiating arbitration or legal proceedings:

  • Contact us at sudharsankumar@mylinkpal.co
  • Provide a detailed description of the dispute
  • Allow 30 days for us to attempt resolution
  • If unresolved after 30 days, either party may initiate arbitration

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MYLINKPAL regarding the Service.

14.2 Amendments to Terms

Material Changes: We will notify you by email at least 3 days before changes take effect.

Minor Changes: We will update the "Last Updated" date at the top of these Terms.

Your Acceptance: Continued use of the Service after changes constitute acceptance.

14.3 Severability

If any provision is found invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions remain in full force.

14.4 Waiver

Our failure to enforce any right or provision does not constitute a waiver. Any waiver must be in writing and signed by us.

14.5 Assignment

  • You may not assign these Terms without our prior written consent
  • We may assign these Terms to any successor or affiliate without your consent

14.6 Force Majeure

We are not liable for failure or delay due to circumstances beyond our reasonable control, including acts of God, war, government actions, Internet failures, third-party service outages, or pandemics.

14.7 Relationship

These Terms do not create any partnership, joint venture, agency, employment, or franchise relationship.

14.8 Notice Requirements

Notices to You: By email to your registered email address or in-app notifications.

Notices to Us: Email at sudharsankumar@mylinkpal.co

15. Contact Information

MYLINKPAL Proprietor: Sudharsan Kumar

Email: sudharsankumar@mylinkpal.co Website: https://mylinkpal.co

Response Time: We aim to respond within 2 business days.

By using MYLINKPAL, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: December 22, 2024