Terms of Service

1. Acceptance of Terms

1.1 Agreement to Terms

By accessing, browsing, or using any service provided by Radianzinfotech LLP ("Company," "we," "us," or "our") — including the Cyclostories platform, our websites, APIs, and any related services (collectively, the "Services") — you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference.

1.2 Eligibility

To use our Services, you must:

• Be at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is higher.
• Have the legal capacity and authority to enter into a binding contract.
• If using the Services on behalf of a business or organization, have the authority to bind that entity to these Terms.

1.3 Compliance with Laws

You agree to comply with all applicable local, national, and international laws, rules, and regulations in connection with your use of our Services, including but not limited to anti-spam laws, data protection laws, and Instagram/Facebook platform policies.

2. Account Registration & Security

2.1 Account Creation

To access certain features of the Services, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information to keep it accurate.
• Maintain only one account per individual or business entity.

2.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your account credentials, including your password.
• All activities that occur under your account, whether or not you have authorized them.
• Notifying us immediately at admin@radianzinfotech.com if you become aware of any unauthorized access to or use of your account.

2.3 Account Termination by Us

We reserve the right to suspend or terminate your account at any time, with or without notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent or illegal activity, or if required to do so by law or a third-party platform (including Instagram/Facebook).

3. Instagram-Specific Requirements

3.1 Account Requirements

To use Cyclostories' Instagram automation features, you must:

• Have an active Instagram Business or Instagram Creator account.
• Have your Instagram account properly connected to a Facebook Page.
• Authorize Cyclostories through the official Facebook/Instagram OAuth flow.
• Be the authorized owner or administrator of the Instagram account you connect.

3.2 Platform Compliance

You acknowledge and agree that:

• You must comply with Instagram's Terms of Use and Instagram Platform Policy at all times.
• You must comply with Facebook Platform Terms and Facebook Developer Policy.
• You are solely responsible for all actions taken on your Instagram account through our platform.
• Instagram/Meta may revoke API access, change API functionality, or impose additional restrictions at any time without notice, which may affect the availability of our Services.

3.3 Instagram Account Risks

4. Acceptable Use Policy

4.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. Our Services are designed to help businesses manage legitimate customer engagement on Instagram through approved automation methods.

4.2 Prohibited Activities

You agree not to use our Services to:

• Spam: Send unsolicited, bulk, or repetitive messages, comments, or direct messages to users who have not interacted with your content.
• Violate Instagram Guidelines: Engage in any activity that violates Instagram's Community Guidelines, Terms of Use, or API Terms.
• Harass or Abuse: Send threatening, abusive, defamatory, obscene, or otherwise objectionable content.
• Impersonate: Misrepresent your identity, impersonate any person or entity, or falsely claim an affiliation.
• Commit Fraud: Engage in deceptive practices, phishing, scams, or other fraudulent activities.
• Share Account Access: Share, sell, transfer, or provide access to your Cyclostories account to unauthorized third parties.
• Reverse Engineer: Decompile, disassemble, reverse engineer, or attempt to derive the source code of our software.
• Scrape or Mine Data: Use automated tools to scrape, crawl, or mine data from our platform or through our platform from Instagram.
• Circumvent Limits: Attempt to bypass, circumvent, or override any rate limits, usage restrictions, or security measures.
• Distribute Malware: Upload, transmit, or distribute malicious code, viruses, or harmful software.
• Illegal Activities: Use our Services for any purpose that is illegal under applicable law.

4.3 Enforcement

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this Acceptable Use Policy, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

5. Automation Rules & Limitations

5.1 User Responsibility for Automated Content

You are solely responsible for:

• The content, tone, accuracy, and legality of all messages sent through our automation features.
• Configuring automation rules, triggers, and responses appropriately.
• Ensuring that your automated messages comply with all applicable laws and Instagram policies.
• Monitoring and reviewing your automation workflows regularly to prevent unintended behavior.

5.2 Rate Limits & Restrictions

Our platform enforces rate limits and daily message caps to help protect your Instagram account and ensure compliance with Instagram's API usage policies. These limits may include:

• Maximum number of automated DMs per hour and per day.
• Maximum number of comment responses per post.
• Cooldown periods between automated actions.
• Overall API call limits as imposed by Instagram/Facebook.

We may adjust these limits at any time based on Instagram API changes, platform policy updates, or our assessment of safe usage thresholds.

5.3 Best Practices

To minimize the risk of Instagram account restrictions, we strongly recommend:

• Keeping automated messages personalized, relevant, and valuable to recipients.
• Avoiding aggressive automation that could be perceived as spam.
• Respecting Instagram's daily action limits and recommended usage patterns.
• Gradually scaling automation activity rather than starting with high volumes.
• Regularly reviewing Instagram's updated terms and community guidelines.

5.4 No Guarantee of Delivery

We do not guarantee that every automated message will be successfully delivered. Delivery depends on Instagram's systems, API availability, recipient settings, and other factors beyond our control.

6. Intellectual Property

6.1 Our Intellectual Property

The Services — including all software, code, algorithms, designs, text, graphics, logos, trademarks, and other content provided by Radianzinfotech LLP — are and remain the exclusive property of Radianzinfotech LLP and are protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, lease, sublicense, or create derivative works based on our intellectual property without our prior written consent.

6.2 Your Content

You retain all ownership rights to the content you create, upload, or transmit through our Services (including automation messages, templates, and media). By using our Services, you grant us a limited, non-exclusive, royalty-free, worldwide license to use, process, store, and transmit your content solely for the purpose of providing and improving our Services.

6.3 Feedback

If you provide us with feedback, suggestions, or ideas regarding our Services, you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use such feedback for any purpose without obligation or compensation to you.

6.4 DMCA / Copyright Compliance

We respect the intellectual property rights of others. If you believe that any content on our platform infringes your copyright, please notify us at admin@radianzinfotech.com with the following information:

• A description of the copyrighted work you claim has been infringed.
• The URL or location of the infringing content on our platform.
• Your contact information (name, address, email, phone number).
• A statement that you have a good-faith belief that the use is not authorized.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

7. Subscription & Payment Terms

7.1 Pricing & Plans

Access to certain features of Cyclostories requires a paid subscription. Current pricing, plan details, and feature availability are listed on our website. All prices are quoted in the currency specified at the time of purchase and are exclusive of applicable taxes unless stated otherwise.

7.2 Billing & Renewal

• Subscriptions are billed on a recurring basis (monthly or annually, as selected by you).
• Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date.
• Payment is due at the beginning of each billing cycle.

7.3 Payment Methods

We accept payment through the methods listed on our checkout page. You authorize us (or our payment processor) to charge your selected payment method for all applicable fees.

7.4 Cancellation

• You may cancel your subscription at any time through your account settings or by contacting us at admin@radianzinfotech.com.
• Cancellation takes effect at the end of the current billing period. You will continue to have access to paid features until your current billing period expires.
• No partial refunds will be issued for unused portions of a billing period.

7.5 Refund Policy

We generally do not offer refunds for subscription fees already paid. However, we may consider refund requests on a case-by-case basis for exceptional circumstances. Refund requests must be submitted within 7 days of the charge to admin@radianzinfotech.com.

7.6 Price Changes

We reserve the right to change our pricing at any time. We will provide you with at least 30 days' prior notice of any price increase. Your continued use of the Services after the new pricing takes effect constitutes your acceptance of the updated pricing.

7.7 Late Payment

If payment fails or is overdue, we may suspend your access to paid features until payment is received. Accounts with payments overdue for more than 30 days may be terminated.

8. Service Availability

8.1 "As Is" Availability

We strive to provide reliable, uninterrupted service, but our Services are provided on an "as is" and "as available" basis. We do not guarantee 100% uptime or uninterrupted access.

8.2 Maintenance & Downtime

We may perform scheduled maintenance that temporarily affects service availability. Where possible, we will provide advance notice of scheduled maintenance. Emergency maintenance may be performed without prior notice.

8.3 Service Modifications

We reserve the right to modify, update, or discontinue any feature or functionality of our Services at any time, with or without notice. We will endeavour to provide reasonable notice before removing significant features that you rely on.

8.4 Instagram API Dependency

9. Data & Privacy

9.1 Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal data and Instagram data. The Privacy Policy is incorporated into these Terms by reference.

9.2 Your Data

You retain ownership of your data. We process your data solely to provide and improve our Services, as described in our Privacy Policy. Upon account deletion, we will delete your data in accordance with our data retention policy (within 30 days, except where retention is required by law).

9.3 Instagram Data

Instagram data accessed through your connected account is used exclusively to provide automation services. We do not sell, share, or use your Instagram data for any purpose unrelated to Cyclostories. For full details, see Section 5 of our Privacy Policy.

10. Limitation of Liability

10.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. We expressly disclaim all implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

10.2 No Guarantee Regarding Instagram

Without limiting the foregoing, we make no warranty or guarantee that:

• Your use of our Services will not result in restrictions, suspensions, or bans on your Instagram account.
• Instagram will continue to provide API access necessary for our Services.
• Automated messages will be delivered successfully or in a timely manner.
• Our Services will meet your specific business requirements or expectations.

10.3 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RADIANZINFOTECH LLP, ITS PARTNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages.
• Any loss of profits, revenue, data, business opportunities, or goodwill.
• Any damages resulting from Instagram account restrictions, suspensions, or bans.
• Any damages arising from unauthorized access to or alteration of your data.
• Any damages arising from third-party conduct or third-party services.

10.4 Maximum Liability

Our total cumulative liability to you for all claims arising out of or related to these Terms or the Services shall not exceed the total amount of fees you have paid to us in the twelve (12) months immediately preceding the event giving rise to the claim, or INR 10,000 (Indian Rupees Ten Thousand), whichever is greater.

10.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, wars, terrorism, government actions, power failures, internet outages, third-party service failures (including Instagram/Facebook API outages), cyberattacks, or labour disputes.

11. Indemnification

You agree to indemnify, defend, and hold harmless Radianzinfotech LLP, its partners, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use or misuse of our Services.
• Your violation of these Terms.
• Your violation of Instagram/Facebook terms, policies, or guidelines.
• The content, messages, or communications you send through our automation platform.
• Your violation of any applicable law or regulation.
• Any third-party claim arising from your use of our Services.
• Your infringement of any intellectual property or other rights of any third party.

This indemnification obligation shall survive the termination of your account and these Terms.

12. Termination

12.1 Termination by You

You may terminate your account at any time by deleting your account through your dashboard settings or by contacting us at admin@radianzinfotech.com.

12.2 Termination by Us

We may suspend or terminate your account and access to the Services immediately, without prior notice, if:

• You breach any provision of these Terms.
• You engage in prohibited activities as described in Section 4.
• We are required to do so by law, court order, or a governmental authority.
• Instagram/Facebook revokes API access or requires us to terminate your access.
• Your account shows signs of fraud, abuse, or security compromise.
• We discontinue the Services or any material portion thereof.

12.3 Effect of Termination

Upon termination of your account:

• Your right to access and use the Services will cease immediately.
• All active automations will be stopped.
• Your data will be deleted in accordance with our Privacy Policy (within 30 days).
• Any outstanding fees owed to us will remain payable.
• No refunds will be issued for termination resulting from your breach of these Terms.

12.4 Survival

The following sections shall survive termination: Intellectual Property (Section 6), Limitation of Liability (Section 10), Indemnification (Section 11), Dispute Resolution (Section 13), and any other provisions that by their nature should survive termination.

13. Dispute Resolution

13.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of India, without regard to its conflict-of-law principles.

13.2 Informal Resolution

Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at admin@radianzinfotech.com. We will attempt to resolve the dispute through good-faith negotiation within 30 days.

13.3 Jurisdiction

If informal resolution is unsuccessful, any legal action or proceeding shall be brought exclusively in the courts located in Kochi, Kerala, India. You consent to the exclusive jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue.

13.4 Arbitration

At the discretion of either party, disputes that cannot be resolved through informal negotiation may be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996 (India). The arbitration shall be conducted by a sole arbitrator, in the English language, in Kochi, Kerala, India. The arbitrator's decision shall be final and binding.

13.5 Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

14. Changes to These Terms

We reserve the right to modify, amend, or update these Terms at any time. When we make changes:

• We will update the "Effective Date" at the top of this page.
• For material changes, we will notify you via email to the address associated with your account or by displaying a prominent notice on our website at least 15 days before the changes take effect.
• Your continued use of the Services after the updated Terms take effect constitutes your acceptance of the revised Terms.
• If you do not agree to the revised Terms, you must stop using our Services and close your account.

15. Third-Party Services

15.1 Third-Party Integrations

Our Services integrate with third-party platforms and services, including but not limited to:

• Instagram / Facebook (Meta Platforms, Inc.): For Instagram account connectivity, data access, and automation functionality.
• Payment Processors: For processing subscription payments.
• Cloud Hosting Providers: For hosting and infrastructure.

15.2 Third-Party Terms

Your use of third-party services is subject to those services' own terms of service, privacy policies, and usage restrictions. We are not responsible for the practices, content, availability, or policies of any third-party services.

15.3 External Links

Our websites may contain links to third-party websites. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites. Visiting external links is at your own risk.

16. Compliance & Legal

We are committed to operating in compliance with all applicable laws and regulations, including:

• Information Technology Act, 2000 (India): Including the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
• Digital Personal Data Protection Act, 2023 (India): As applicable.
• Facebook Platform Terms and Instagram API Terms of Use.
• General Data Protection Regulation (GDPR): For users within the European Economic Area.
• Anti-Spam Laws: Including CAN-SPAM Act (US), CASL (Canada), and equivalent regulations in other jurisdictions, as applicable to our users.

You are responsible for ensuring that your use of our Services complies with all laws applicable to your jurisdiction and business.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms or policies referenced herein, constitute the entire agreement between you and Radianzinfotech LLP regarding the use of our Services, and supersede all prior agreements, understandings, and communications, whether written or oral.

17.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

17.3 No Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by Radianzinfotech LLP to be effective.

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any successor entity in connection with a merger, acquisition, or sale of all or substantially all of our assets, upon notice to you.

17.5 Notices

All notices from us to you may be delivered via email to the address associated with your account or by posting on our website. Notices from you to us must be sent to admin@radianzinfotech.com.

17.6 Language

These Terms are drafted in the English language. In the event of any conflict between the English version and any translated version, the English version shall prevail.

18. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us:

• Company: Radianzinfotech LLP
• Email: admin@radianzinfotech.com
• Address: Angamaly, Kochi, Kerala - 683572, India
• Website: radianzinfotech.com

We aim to respond to all enquiries within 30 business days.