Terms of Service

Effective Date: January 8, 2025

1. Agreement to Terms

By accessing or using IsThisCute ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you do not have permission to access the Service.

2. Description of Service

IsThisCute provides a platform that enables beauty professionals to offer virtual try-on experiences through Instagram. The Service includes:

  • Automated Instagram comment detection and direct message responses
  • Real-time AR try-on effects for beauty products
  • Analytics and management dashboard for creators
  • Cloud processing capabilities for enhanced effects

3. User Accounts

3.1 Account Creation

To use certain features, you must create an account using your Facebook/Instagram credentials. You must:

  • Have a valid Instagram Professional (Business or Creator) account
  • Have a Facebook Page linked to your Instagram account
  • Provide accurate and complete information
  • Maintain the security of your account credentials

3.2 Account Responsibilities

You are responsible for all activities that occur under your account and for compliance with Instagram's Terms of Service and Community Guidelines.

4. Acceptable Use

You agree NOT to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Upload malicious code or interfere with the Service
  • Use the Service for spam or unauthorized advertising
  • Attempt to bypass Instagram's API rate limits
  • Share or sell access to your account
  • Use the Service to harass, abuse, or harm others
  • Violate Meta's Platform Terms or Developer Policies

5. Instagram Integration

By using our Service, you acknowledge that:

  • We act as an intermediary between you and Instagram
  • Automated messages must comply with Meta's 24-hour messaging window policy
  • You must maintain compliance with Instagram's Terms and Policies
  • Meta may revoke API access at any time
  • We are not affiliated with, endorsed by, or sponsored by Meta/Instagram

6. Subscription and Payment

6.1 Pricing

The Service is offered at $49/month with a 14-day free trial. Pricing is subject to change with 30 days notice.

6.2 Billing

  • Subscriptions automatically renew unless cancelled
  • Payment is due at the beginning of each billing cycle
  • No refunds for partial months

6.3 Cancellation

You may cancel your subscription at any time. Access continues until the end of the current billing period.

7. Content and Intellectual Property

7.1 Your Content

You retain ownership of content you upload. By uploading content, you grant us a license to use, store, and display it as necessary to provide the Service.

7.2 Our Property

The Service, including its design, features, and content (excluding user content), is owned by IsThisCute and protected by intellectual property laws.

8. Privacy and Data

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to the collection and use of information as described in the Privacy Policy.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • UNINTERRUPTED OR ERROR-FREE SERVICE

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ISTHISCUTE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE PAST TWELVE MONTHS.

11. Indemnification

You agree to indemnify and hold harmless IsThisCute, its officers, directors, employees, and agents from any claims, damages, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your content or Instagram posts

12. Termination

We may terminate or suspend your account immediately, without prior notice, for:

  • Breach of these Terms
  • Violation of Instagram/Meta policies
  • Conduct we believe is harmful to other users or the Service
  • Request by law enforcement

13. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via email or through the Service with at least 30 days notice. Continued use after changes constitutes acceptance.

14. Governing Law

These Terms are governed by the laws of Delaware, United States, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Delaware.

15. Arbitration

Any dispute arising from these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except where prohibited by law.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Contact Information

For questions about these Terms, please contact us at:

IsThisCute
Email: legal@isthiscute.com
Website: https://isthiscute.com