Terms of Service
Effective date: May 4, 2026
Version 1.0
1. Agreement
By signing in to Comment Operator ("the Service"), you agree to these Terms. If you don't agree, don't use the Service.
2. The Service
Comment Operator helps Instagram Business and Creator account holders classify incoming comments and generate and send public replies and Private Reply DMs in their voice.
3. Eligibility
You must be at least 18, have authority to bind any organization on whose behalf you use the Service, and own or control the Instagram accounts you connect. Instagram Personal accounts aren't supported — Meta's API doesn't permit our use case for them.
4. Your responsibilities
- Comply with Meta's Platform Terms and Developer Policies.
- Don't use the Service to send spam, harassment, deception, illegal content, or unsolicited promotional messages to people who haven't interacted with your account. Don't impersonate anyone. Don't circumvent Meta's rate limits or 24-hour DM window. Don't reverse-engineer or scrape the Service.
- Review autopilot output. You remain the publisher of every message sent under your Instagram account.
- Keep your Clerk credentials confidential.
5. Reasonable use
Meta enforces a 200 calls/hour rate limit per Instagram account. We operate within that budget and will queue or skip work to stay compliant. We may rate-limit or suspend accounts that show abuse patterns: reply volumes inconsistent with normal engagement, attempts to circumvent Meta's 24-hour DM window, unsolicited promotional messages to people who haven't interacted with the connected account, or any conduct that violates Meta's Platform Terms or Developer Policies.
6. Fees
The Service is free today. We may introduce paid plans, subscriptions, or usage-based fees later. If we do, we'll give notice and you'll have the chance to accept new pricing or stop using the paid features. Continuing to use a paid feature after a pricing change takes effect counts as acceptance.
7. Your content and ours
Your content. You own the data, voice examples, settings, and other content you upload to or create within the Service ("Your Content"). You grant us a non-exclusive, royalty-free, worldwide license to host, process, transmit, store, and display Your Content as needed to operate the Service for you. We don't use Your Content to train models or for any purpose beyond running the Service for you and your audience.
Our content. The Service — its software, design, and the analyses or templates we produce — is owned by us or our licensors. You get a non-exclusive, non-transferable license to use the Service for your business while your account is active.
AI-generated output. Subject to your compliance with these Terms, you own the public replies and DMs the Service generates and sends on your behalf. You're responsible for those messages once they're published. Other Service users may receive substantially similar AI output for substantially similar inputs.
Aggregate data. We may use de-identified, aggregated data from Service usage to improve the Service, provided it doesn't identify you, your account, your audience, or any individual.
8. AI-generated content
Replies and DMs sent by the Service are generated by large language models (Anthropic Claude). The system retrieves your past comment+reply pairs and uses them as voice exemplars. Generated text may be inappropriate, off-tone, or factually wrong. You're responsible for reviewing drafts before approval. Enabling autopilot means accepting that drafts are sent without human review.
Some jurisdictions (e.g., California under SB-1001) require disclosing when messages are AI-generated. You're responsible for complying with any such laws applicable to your audience and the content you send through the Service.
9. Privacy
Use of the Service is also governed by our Privacy Policy.
10. Disclaimer and liability
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
To the maximum extent permitted by law, our aggregate liability for anything arising from or relating to the Service won't exceed the amount you paid us in the twelve months preceding the claim, or $100 if you didn't pay us. These limits apply only as far as your local law allows. Nothing here limits our liability for matters that can't be limited under applicable law — including death or personal injury caused by our negligence, fraud, or fraudulent misrepresentation. If you're a consumer in the EEA, UK, or anywhere else where the law restricts liability limits, the limits apply only to the extent permitted in your jurisdiction.
11. Indemnification
You agree to defend, indemnify, and hold harmless Jacob Darish d/b/a Comment Operator, and his agents, from claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:
- your use of the Service;
- the content of any reply or DM sent through the Service on your behalf, including claims of infringement, defamation, or harassment;
- your violation of these Terms or any applicable law (including Meta's Platform Terms and Developer Policies);
- Your Content, including voice examples or other materials you upload.
We'll give you prompt written notice of any such claim and reasonable cooperation in the defense, at your expense.
12. Termination
You can stop using the Service and delete your account from Settings at any time. We may suspend or terminate your access if you breach these Terms. On termination, we handle your data according to the Privacy Policy. Provisions that should naturally survive termination — disclaimers, liability limits, indemnification, governing law, dispute resolution — survive.
13. Governing law and venue
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflict-of-law principles. The exclusive venue for any dispute is the state and federal courts in Middlesex County, Massachusetts, and you and we consent to those courts' personal jurisdiction. The UN Convention on Contracts for the International Sale of Goods doesn't apply.
14. Changes
We may update these Terms. For material changes, we'll notify you by email and prominent in-app notice at least 30 days before they take effect, and ask you to re-accept at your next sign-in. You can stop using the Service before the effective date if you don't agree; continued use after that date constitutes acceptance.
15. General
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect.
Entire agreement. These Terms (together with the Privacy Policy and any policies referenced in them) constitute the entire agreement between you and us regarding the Service, and supersede any prior agreements.
No waiver. Our failure to enforce any right or provision will not be deemed a waiver of that right or provision.
Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, civil unrest, labor disputes, internet outages, or actions by third-party providers (Meta, Anthropic, OpenAI, Supabase, Clerk, Inngest, or Vercel).
Headings. Section headings are for convenience only and do not affect interpretation.