Terms of Service — SocioBurp Creative AI (Sakshi)

1. Definitions

• "Agreement" means these Terms of Service together with our Privacy Policy and Data Deletion Instructions, each incorporated by reference.
• "SocioBurp," "we," "us," "our" means the SocioBurp business, registered office at Asset-5A, Aerocity, Pride Plaza Hotels, near IGI Airport, New Delhi – 110037.
• "You," "your," "Client" means the business or individual using Sakshi.
• "Service" means Sakshi, the WhatsApp-based AI marketing assistant, including all content generation, Instagram integration, and related features made available by SocioBurp.
• "Content" means any images, carousels, captions, or other material generated through the Service.
• "Platform Data" has the meaning given to it in our Privacy Policy, consistent with Meta's terminology.

2. Acceptance of terms

By accessing or using the Service via WhatsApp, or by connecting your Instagram account to Sakshi, you agree to be bound by this Agreement. If you do not agree, do not use the Service.

3. Description of service

Sakshi is a WhatsApp-based AI assistant that helps small and medium businesses generate marketing Content, understand their Instagram performance, and — where explicitly authorized — publish Content directly to their connected Instagram account.

4. Eligibility

To use the Service, you must:

• Be at least 18 years old and legally authorized to act on behalf of the business you represent.
• Own or have the legal right to manage the Instagram Business/Creator account you connect to the Service.
• Provide accurate information about your business.

5. Your responsibilities

You agree to:

• Provide accurate business information and content instructions.
• Review and approve all Content before it is published to your Instagram account. You are solely responsible for reviewing any Content Sakshi generates before approving it for posting.
• Ensure that any content, claims, or instructions you provide (including pricing, offers, and product claims) are accurate and lawful.
• Comply with Instagram's and Meta's own Terms of Service, Community Standards, and Advertising Policies for all Content posted through the Service.
• Not use the Service to generate or publish content that is unlawful, misleading, infringing, hateful, or otherwise violates Meta's policies or applicable Indian law.

6. AI-generated content disclosure

Content generated by Sakshi is created using artificial intelligence. Where required by Meta's or Instagram's policies, generated Content will be labeled as AI-generated in accordance with applicable platform requirements. You are responsible for ensuring compliance with any additional disclosure requirements applicable to your business or jurisdiction.

7. Approval before publishing

Sakshi will not publish any Content to your connected Instagram account without your explicit approval, communicated through the WhatsApp conversation. You may revoke Sakshi's access to publish or read data from your Instagram account at any time through your Instagram account settings.

8. Credits and billing

Use of certain features (e.g., content generation) may require credits, which can be purchased as described within the Sakshi WhatsApp conversation. Credit pricing, allowances, and any applicable refund terms will be communicated at the time of purchase. We reserve the right to change pricing with reasonable prior notice.

9. Content ownership and licence

You retain ownership of the content you upload to Sakshi (e.g., product photos) and of the final Content generated on your behalf, once delivered to you or posted to your account, subject to your compliance with this Agreement. SocioBurp does not claim ownership over your generated marketing Content. You grant SocioBurp a limited licence to use uploaded images and business information solely for the purpose of providing the Service to you.

10. No guarantee of performance

While Sakshi is designed to help improve your social media presence, we make no guarantee, warranty, or representation regarding engagement, reach, sales, or any other business outcome resulting from use of the Service, including any Content posted or advice provided.

11. Service availability

We aim to provide reliable service but do not guarantee uninterrupted or error-free operation. The Service depends on third-party platforms (including WhatsApp, Instagram/Meta, and our AI and hosting providers) that are outside our control, and availability may be affected by changes to those platforms.

12. Indemnification

You agree to indemnify and hold SocioBurp harmless from any claims, losses, liabilities, damages, or expenses (including reasonable legal fees) arising out of: (a) your breach of this Agreement; (b) Content instructions, claims, or approvals you provide that are inaccurate, unlawful, or infringing; or (c) your violation of Meta's or Instagram's platform policies.

13. Limitation of liability

To the fullest extent permitted by law, SocioBurp shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service, including but not limited to lost business, lost profits, or reputational harm arising from Content generated or published through the Service. SocioBurp's total aggregate liability under this Agreement shall not exceed the amount you paid to SocioBurp in the three (3) months preceding the claim.

14. Force majeure

Neither party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including but not limited to acts of God, changes to third-party platform policies (including Meta/WhatsApp/Instagram), internet or infrastructure outages, or governmental action.

15. Termination

You may stop using the Service at any time by ceasing to message the Service and/or disconnecting your Instagram account. We reserve the right to suspend or terminate access to any account that violates this Agreement or Meta's platform policies, with notice where reasonably practicable.

16. Assignment

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. SocioBurp may assign this Agreement in connection with a merger, acquisition, or sale of substantially all its assets.

17. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid provision shall be deemed modified to the minimum extent necessary to make it enforceable.

18. Entire agreement

This Agreement, together with our Privacy Policy and Data Deletion Instructions, constitutes the entire agreement between you and SocioBurp regarding the Service, and supersedes any prior agreements or understandings.

19. Governing law and dispute resolution

This Agreement is governed by the laws of India. Any dispute arising out of or in connection with this Agreement shall first be attempted to be resolved amicably through good-faith discussion. If unresolved within 30 days, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, with the seat and venue of arbitration in New Delhi, India, conducted in English by a sole arbitrator. Subject to the foregoing, the courts at New Delhi, India shall have exclusive jurisdiction.

20. Changes to these terms

We may update this Agreement from time to time. Continued use of the Service after changes take effect constitutes acceptance of the updated Agreement.

21. Contact us

Email: Ajinu.A@socioburp.co.in
Phone: 98715 83289 / 83688 75586
Address: Asset-5A, Aerocity, Pride Plaza Hotels, near IGI Airport, New Delhi – 110037