Terms of Service
Effective Date: February 26, 2026 | Last Updated: February 26, 2026
1. Agreement to Terms
By creating an account or using the Replybase platform (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these Terms.
If you do not agree to these Terms, do not use the Service.
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
2. Who We Are
Replybase ("we," "us," or "our") is a business based in Ontario, Canada. We provide a platform that enables businesses to automate AI-powered responses to Instagram direct messages and comments.
Contact us at: support@replybase.app
3. Eligibility
To use the Service, you must:
- Be at least 18 years of age
- Have a valid Instagram Business or Creator account in good standing
- Have accepted Meta's Terms of Service and Platform Terms
- Have the legal authority to operate an Instagram Business account on behalf of the entity you represent
By using the Service, you represent and warrant that you meet these requirements.
4. Account Registration
4.1 Creating an Account
You must register for an account to use the Service. You agree to provide accurate, current, and complete information during registration and to keep that information up to date.
4.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at support@replybase.app if you suspect any unauthorized access to your account.
4.3 One Account Per User
Each account may only be used by the individual or entity that registered it. You may not share, transfer, or sell your account.
4.4 Platform Access
Our team may access your account data to provide support, maintain the Service, or investigate abuse.
5. Connecting Your Instagram Account
5.1 Authorization
To use the Service, you must connect one or more Instagram Business accounts via Instagram's OAuth authorization flow. By doing so, you grant us permission to:
- Read incoming direct messages and comments on your connected accounts
- Send direct messages and post comment replies from your connected accounts on your behalf
- Retrieve basic account information (username, profile picture, media posts)
- Refresh your Instagram access token to maintain continued access
5.2 Your Responsibility for Instagram Compliance
You remain solely responsible for ensuring your use of the Service complies with:
- Meta's Platform Terms
- Instagram's Community Guidelines
- Meta's Messaging Policy
- Any other applicable Meta policies
We do not guarantee that your use of the Service will be in compliance with Meta's policies. You are responsible for reviewing those policies independently.
5.3 Instagram API Dependency
The Service depends on Instagram's Graph API, which is operated by Meta. We have no control over Meta's API availability, rate limits, feature changes, or policy enforcement. We are not liable for any disruption to the Service caused by changes to Meta's API or policies.
5.4 Revoking Access
You may disconnect your Instagram account at any time from within the Service. This will revoke our access token and stop all automated activity on that account. You may also revoke access directly through your Instagram account settings.
6. The Service — What We Do
6.1 Automation Flows
The Service allows you to create automation flows that:
- Monitor your Instagram account for incoming DMs and comments
- Evaluate incoming messages against your configured trigger rules (keyword-based or AI-evaluated)
- Generate AI-powered responses using your configured agent settings and communication style
- Deliver responses via text DM, voice DM, or comment reply
6.2 AI-Generated Responses
Responses sent from your Instagram account through the Service are generated by artificial intelligence (Anthropic's Claude). You are solely responsible for all content sent from your Instagram account, regardless of whether it was generated by AI or written by you.
You acknowledge that:
- AI-generated responses may be inaccurate, inappropriate, or inconsistent with your intent
- The AI "fail-open" behavior means that if trigger evaluation fails, the Service will default to processing and responding to the message
- AI responses are generated based on the system prompt, communication style, and instructions you configure
We strongly recommend enabling manual approval for sensitive, regulated, or high-stakes communications (e.g., healthcare, financial, or legal topics).
6.3 Manual Approval
When manual approval is enabled for a flow, generated responses are held for your review before being sent. You may approve, edit, or reject each response. Enabling manual approval is your responsibility — we are not liable for automated responses sent without it.
6.4 Voice Messages
If you enable voice output, the Service converts AI-generated text to audio using ElevenLabs' text-to-speech technology and delivers it as a video message via Instagram. The audio file is hosted on publicly accessible storage for the duration required to deliver the message to Instagram.
6.5 Third-Party Tool Integrations
You may optionally connect third-party tools (Google Calendar, Gmail, Google Sheets) through the Composio integration platform. By connecting these tools, you authorize the AI agent to take actions on your behalf (e.g., creating calendar events, sending emails, appending rows to spreadsheets) as part of an automated conversation flow. You are responsible for the consequences of any actions taken by the AI agent using these tools.
7. Your Content and Data
7.1 Your Content
"Your Content" means any content you provide to the Service, including system prompts, trigger rules, business descriptions, example responses, and uploaded files. You retain all ownership rights to Your Content.
You grant us a limited, non-exclusive, royalty-free license to use, store, process, and transmit Your Content solely as necessary to provide the Service to you.
7.2 Prospect Messages
Messages received from your Instagram followers ("Prospects") through your connected accounts are processed by the Service to generate automated replies. You are the data controller for Prospect data. You represent that your use of the Service with respect to Prospect data complies with all applicable privacy laws, including Canada's PIPEDA and, where applicable, the EU's GDPR.
7.3 AI Training
We do not use Your Content or Prospect message data to train AI models. Message content processed by Anthropic's Claude is subject to Anthropic's API data usage policies, under which API input/output is not used for model training by default.
7.4 Feedback
If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use that feedback without restriction or compensation to you.
8. Acceptable Use
You agree not to use the Service to:
- Send spam, bulk unsolicited messages, or repetitive automated messages that violate Meta's policies
- Harass, threaten, impersonate, or deceive any person
- Distribute illegal content, malware, or phishing material
- Violate any applicable law or regulation, including consumer protection, anti-spam (including Canada's Anti-Spam Legislation, CASL), and privacy laws
- Circumvent or attempt to bypass any rate limits, security measures, or authentication systems
- Automate interactions in ways that violate Meta's Platform Terms or Instagram's Community Guidelines
- Collect or harvest personal information from Instagram users beyond what is necessary for your stated business purpose
- Use the Service for any purpose that could expose us, you, or third parties to legal liability
We reserve the right to suspend or terminate your account for any violation of this section, with or without notice.
9. Canada's Anti-Spam Legislation (CASL)
If you are sending commercial electronic messages to recipients in Canada through the Service, you are responsible for complying with CASL, including obtaining appropriate express or implied consent from recipients before sending. We are not responsible for your CASL compliance. You indemnify us against any claims or penalties arising from your failure to comply with CASL.
10. Fees and Payment
The Service is currently available without charge during our early access period. We reserve the right to introduce fees in the future. We will provide at least 30 days' advance notice before any paid tier takes effect. Continued use of the Service after a fee change takes effect constitutes acceptance of the new pricing.
11. Service Availability
We will make reasonable efforts to keep the Service available. However:
- We do not guarantee uninterrupted or error-free operation
- Scheduled or unscheduled maintenance may cause temporary unavailability
- The Service depends on third-party infrastructure (Instagram API, Supabase, Vercel, Inngest, Anthropic, ElevenLabs, Composio) whose availability is outside our control
- Background jobs (message processing, token refresh) operate on a best-effort basis
We are not liable for any losses resulting from Service downtime or unavailability.
12. Intellectual Property
12.1 Our Platform
All rights in the Service, including the platform, software, UI, and branding, are owned by or licensed to Replybase. Nothing in these Terms grants you any rights in the platform beyond the limited license to use the Service as described.
12.2 Your IP
You retain all intellectual property rights in Your Content. We do not claim ownership of any content you upload or create within the Service.
13. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that:
- AI-generated responses will be accurate, appropriate, or effective
- The Service will comply with Meta's current or future API policies
- Automated messages will be delivered successfully by Instagram
- The Service will meet your specific business requirements
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REPLYBASE AND ITS OFFICERS, EMPLOYEES, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO:
- Loss of business, revenue, or profits
- Loss of data or content
- Reputational harm arising from AI-generated responses sent from your account
- Account suspension or termination by Meta
- Actions taken by the AI agent through third-party tool integrations
- Failure or delay in message delivery
Our total aggregate liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the greater of (a) CAD $100 or (b) the total fees paid by you to us in the 12 months preceding the claim.
Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages. If you are located in such a jurisdiction, some of these limitations may not apply to you.
15. Indemnification
You agree to indemnify, defend, and hold harmless Replybase and its officers, employees, and contractors from and against any claims, liabilities, damages, fines, penalties, and expenses (including reasonable legal fees) arising from:
- Your use of the Service
- Any content sent from your Instagram account through the Service, including AI-generated responses
- Your violation of these Terms
- Your violation of Meta's Platform Terms or any other third-party terms
- Your failure to comply with CASL, PIPEDA, GDPR, or other applicable laws with respect to your Prospects
- Any actions taken by the AI agent through connected third-party tools (Google Calendar, Gmail, Google Sheets) on your behalf
16. Termination
16.1 Termination by You
You may stop using the Service at any time. To delete your account and associated data, email support@replybase.app with the subject line "Account Deletion Request." See our Privacy Policy for details on data deletion.
16.2 Termination by Us
We may suspend or terminate your access to the Service at any time, with or without notice, if:
- You violate these Terms or our Acceptable Use policy
- We are required to do so by law or by Meta
- We determine that your use poses a risk to the Service, other users, or third parties
- We discontinue the Service
16.3 Effect of Termination
Upon termination, your right to use the Service immediately ceases. Sections 7, 12, 13, 14, 15, and 17 survive termination.
17. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be submitted to the courts of competent jurisdiction in Ontario, Canada. You consent to the exclusive jurisdiction of such courts.
17.1 EU/EEA and UK Users
If you are located in the European Economic Area or the United Kingdom, you may have additional rights under applicable consumer protection laws. Nothing in these Terms limits any rights you may have under mandatory local law. Where required, we will provide EU/EEA users with the ability to resolve disputes through your local courts or applicable alternative dispute resolution mechanisms.
18. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by:
- Sending an email to the address associated with your account, and/or
- Displaying a prominent notice within the Service
Changes will be effective no sooner than 14 days after notice is provided, except where changes are required by law or relate to new features, in which case they may be effective immediately. Continued use of the Service after the effective date of a change constitutes acceptance of the revised Terms.
19. General
- Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Replybase regarding the Service.
- Severability: If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
- No Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it in the future.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
- Language: These Terms are written in English. In the event of any conflict between an English version and a translated version, the English version prevails.
20. Contact Us
For questions about these Terms:
Replybase Ontario, Canada Email: support@replybase.app