Terms and Conditions
Last updated: May 12, 2025
Please read these Terms and Conditions of Use (“Terms”) carefully before using the services provided by SmartSetterAI LLC, located at 4300 Ridgecrest Dr SE Ste L, 1127, Rio Rancho, NM 87124, United States, with official contact at [contact@smartsetterai.com](mailto:contact@smartsetterai.com) (hereinafter, “SmartSetterAI,” “we,” or “our”).
These Terms constitute a legally binding agreement between you (“the user” or “you”) and SmartSetterAI. By accessing, registering, or using any of our services, you agree to be legally bound by these Terms. If you do not agree, you must not access or use the services.
1. DEFINITION OF SERVICES
SmartSetterAI offers an AI-based SaaS platform that connects an Instagram profile through Meta's official API (Graph API) to automate direct message (DM) conversations with followers and other users.
For the purposes of these Terms, the term “Services” includes:
* The website [https://smartsetterai.com](https://smartsetterai.com),
* The platform's web functionalities,
* Any content, software, features, or tools offered,
* Any electronic communication sent by SmartSetterAI.
Access to certain features may require a paid subscription, as outlined in the Payments and Refunds section.
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2. ACCEPTANCE OF TERMS
2.1. By registering on the platform or using any part of the Services, you confirm that you have read, understood, and accepted these Terms.
2.2. You also agree to our Privacy Policy, which is expressly incorporated into these Terms by reference. If you do not agree with any part of these provisions, do not use our Services.
2.3. SmartSetterAI may modify these Terms at any time. We will notify you of any material changes via email or through a notice within the platform. Continued use of the Services after such modifications constitutes your acceptance.
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3. MINIMUM AGE AND ELIGIBILITY
3.1. You must be at least 16 years old to use SmartSetterAI.
3.2. If you reside in a jurisdiction where the legal age of majority is higher, you confirm that you have the authorization of your legal representative to use these Services.
3.3. SmartSetterAI reserves the right to suspend or delete any account if it has reason to believe it was created by a minor or in violation of these Terms.
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4. IMPORTANT NOTICES AND SERVICE LIMITATIONS
SmartSetterAI uses AI systems to automate direct message conversations from accounts connected through Instagram’s official API. The responses generated by the platform are automated, may vary in tone, content, or accuracy, and are subject to the current technological limitations of artificial intelligence.
You acknowledge and agree that:
* AI-generated responses do not constitute professional advice or personalized business recommendations.
* You are solely responsible for the content delivered via your Instagram account, even if it was automatically generated by the system.
* It is your responsibility to review and supervise automated messages sent from your account.
* SmartSetterAI does not guarantee specific results regarding sales, audience growth, or commercial performance. The platform is a support tool whose effectiveness depends on usage context, user content quality, and external business strategy.
* SmartSetterAI is integrated with Instagram’s official API via Meta for Developers. However, it is not affiliated with, sponsored by, or endorsed by Meta Platforms Inc.
* Any changes in usage policies, technical limitations, or temporary blocks imposed by Meta on the API may affect the Services' functionality, and SmartSetterAI has no control over such changes.
* The SmartSetterAI website may contain links to third-party resources, articles, or tools. These are provided for informational purposes only. We do not control or guarantee the availability, accuracy, or security of external sites.
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5. USER REGISTRATION AND ACCOUNT SECURITY
To use the SmartSetterAI Services, you must register and create a user account on our website. During registration, you must provide accurate and up-to-date information.
You are solely responsible for keeping your login credentials confidential. If you suspect unauthorized access to your account, you must notify us immediately at [contact@smartsetterai.com](mailto:contact@smartsetterai.com).
By connecting your Instagram account to the platform, you authorize SmartSetterAI to generate and send automated messages on your behalf through DMs. You expressly accept full legal responsibility for the content of those messages.
SmartSetterAI reserves the right to suspend or revoke your access to the Services if suspicious, illegal, or non-compliant activity is detected.
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6. INTELLECTUAL PROPERTY AND DATA USAGE
All content on the SmartSetterAI platform is the exclusive property of SmartSetterAI LLC or its licensors. You may not copy, distribute, modify, or reverse-engineer the software.
SmartSetterAI grants you a personal, limited, and non-transferable license to access the Services solely for legitimate commercial purposes related to your Instagram account.
By connecting your account, you authorize access to and storage of certain data necessary for service delivery: username, account ID, messages, followers, etc. This data is used exclusively to automate and personalize your experience within the Services.
You may request account and data deletion at any time, in accordance with our Privacy Policy.
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7. PAYMENTS, RENEWALS, AND REFUNDS
SmartSetterAI offers monthly or annual subscription plans, including a 7-day free trial. At the end of the trial, payment will be automatically charged via Stripe unless canceled in advance.
Payments are securely processed through Stripe. You agree that your subscription will renew automatically unless manually canceled before the next billing cycle.
Purchases are non-refundable, except where legally required or due to technical error attributable to the platform. Requests must be sent to [contact@smartsetterai.com](mailto:contact@smartsetterai.com).
EU users may withdraw from the contract within 14 days provided they have not begun using the premium features.
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8. CONDUCT RULES AND PERMITTED USE
You are prohibited from:
* Using SmartSetterAI to send spam, misleading, offensive, or policy-violating messages.
* Automating interactions from fake or unauthorized accounts.
* Sharing sexual, violent, discriminatory, or illegal content.
* Scraping, reverse-engineering, or duplicating the software.
* Interfering with the platform’s security, functionality, or availability.
You are fully responsible for any AI-generated content sent from your account. Misuse may result in immediate suspension without refund.
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9. INDEMNIFICATION, DISCLAIMER, AND LIMITATION OF LIABILITY
You agree to indemnify SmartSetterAI against any claims arising from misuse of the service or AI-generated content from your account.
The Services are provided "as is", without warranties of uninterrupted performance, accuracy, or specific results.
SmartSetterAI’s liability is limited, in any case, to the total amount paid by the user in the last 12 months or \$50 USD, whichever is lower.
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10. INTERNATIONAL USE, GOVERNING LAW, AND DISPUTE RESOLUTION
SmartSetterAI operates under the laws of the State of New Mexico, United States. If you reside outside the U.S., you are responsible for complying with local laws.
Any dispute should be resolved amicably first. If not:
* Non-EU users: binding arbitration in New Mexico, U.S.
* EU users: may access local courts and/or use the ODR platform: [https://ec.europa.eu/odr](https://ec.europa.eu/odr).
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11. MISCELLANEOUS AND CONTACT
These Terms constitute the entire agreement between you and SmartSetterAI. If any clause is deemed invalid, the rest shall remain in effect.
SmartSetterAI may assign this agreement to another entity without prior notice. All communications are considered electronic and legally binding.
For any questions or legal notices, you may contact:
SmartSetterAI LLC
4300 Ridgecrest Dr SE Ste L, 1127
Rio Rancho, NM 87124, United States
📧 [contact@smartsetterai.com](mailto:contact@smartsetterai.com)
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### I HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS
By creating an account or using any SmartSetterAI functionality, you declare that you have read, understood, and accepted all the terms set forth herein.