Terms

1. About these terms

ShelfSocial is an app that turns photos of your products into Instagram posts and stories, writes captions, and posts or schedules them for you. It is run by Nisq Technologies Inc. ("ShelfSocial", "we", "us"), 580 The East Mall, Etobicoke, Toronto, ON M9B 4A7, Canada.

These terms are an agreement between you and us. By creating an account or using ShelfSocial on the web or in the iPhone app, you agree to them and to our Privacy Policy (shelfsocial.ai/privacy). If you use ShelfSocial for a business, you agree for that business too, and "you" means you and the business. If you don't agree, don't use ShelfSocial.

Some laws give you rights that a contract can't take away. Nothing in these terms limits those rights.

2. Who can use ShelfSocial

• You must be at least 18 years old.
• ShelfSocial is for running a business: a shop or similar business that sells its own products. It is not for personal use.
• If you sign up for a business, you must be allowed to act for it.
• ShelfSocial is made for shops in the United States and Canada.

3. Your account

• You sign in with Google or with a link we email you. ShelfSocial has no passwords. Keep your Google account and your email inbox secure: anyone who can open them can sign in as you.
• Give us true details about you and your shop, and keep them up to date.
• You are responsible for what happens in your account. Tell us at once at support@shelfsocial.ai if you think someone else has got in.
• One account is for one shop, and a shop has one plan at a time.

4. Inviting people to your shop

• The owner of a shop can invite other people to help, as an Editor or a Viewer. An Editor can make and post for the shop. A Viewer can only look and save pictures and captions. Invited people use their own sign-in; an owner never shares theirs.
• If you invite someone, you are responsible for them: for what they do in your shop, including what they make and post, as if you had done it. Invite only people you trust, and remove anyone who should no longer have access.
• Editors spend the shop's credits. Their images use the credits of the shop, not their own. Credits and plans stay with the owner.
• People you invite must follow these terms too. Each person who signs in is bound by them and by our Privacy Policy.
• We email the people you invite on your behalf. Only invite people who expect to hear from you.

5. Your licence to use ShelfSocial

While your account is open and you follow these terms, we give you a personal, limited, non-exclusive, non-transferable and revocable licence to use the ShelfSocial app and website for your business.

ShelfSocial, its software, design, name, logo, styles and prompts belong to us or our licensors. You get only the rights these terms give you. Don't copy, sell, rent or resell ShelfSocial, and don't take it apart or try to get its source code, except where the law allows it.

If you send us ideas or feedback, we may use them freely, with no duty to you.

6. Plans

ShelfSocial Monthly is US$29 a month. ShelfSocial Annual is US$299 a year. In the iPhone app, Apple shows and charges the price in your local currency. Prices may change. We will tell you before a change applies to your plan, and you can cancel before it does.

7. Free trial

A new shop can start one 3-day free trial. It needs a card and comes with 10 image credits. There is one trial per shop: an account, an email address or an Instagram account that has had a trial can't start another, including after the account is deleted.

Starting a trial starts a subscription to the plan you chose. When the trial ends, it becomes a paid plan and you are charged, unless you cancel at least 24 hours before the trial ends. If you cancel during the trial, you can use the trial until it ends. Then the trial credits end.

If Apple offers you its free trial period when ShelfSocial does not (because your shop already had one), no trial credits are given. Your first 100 credits arrive when Apple charges you.

8. Auto-renewal

Your plan renews automatically at the end of each month or year, at the then-current price, until you cancel. To avoid the next charge, cancel at least 24 hours before the current period ends.

9. Where you manage your plan

• Bought in the iPhone app: Apple bills you. Change or cancel in your Apple Account settings (Subscriptions). Refunds are handled by Apple under its own process (https://reportaproblem.apple.com).
• Bought on our website: Stripe bills you for us. Change plan, update your card or cancel on the website, in Store > Plan and credits > Manage. There are no refunds.
• A shop has one plan at a time. The iPhone app doesn't sell or manage website plans.
• You can switch between Monthly and Annual. Your monthly credits keep arriving on the same day of the month.

10. Credits

A credit makes one image: one post image or one story image, and each redo or fix of an image. Writing and rewriting captions, scheduling and posting are free. An image that fails to be made costs nothing.

Each plan gives 100 credits a month. The annual plan also gives 100 a month, not 1,200 at once. Unused monthly credits roll over, but you can hold at most 200: a monthly grant never takes you above 200.

Credits have no cash value and can't be sold, transferred or refunded.

11. Refunds

There are no refunds. For purchases made through the App Store, Apple handles refunds under its own process.

12. When a plan ends

• If you cancel, your plan and credits run to the end of the period you paid for. Then the credits expire: 30 days after your last monthly payment, or at the end of the paid year on an annual plan. If you cancel after that date, the credits expire at once.
• If a renewal payment doesn't go through, you can keep using the credits you hold for up to 30 days after your last successful payment, while the payment is retried. Update your card in that time and everything carries on. If it is still unpaid after 30 days, your plan ends: your unused plan credits expire, we cancel the subscription, and the account is closed. On an annual plan, the 30 days are counted from the yearly renewal date.

13. Deleting your account

Deleting your account closes it at once. It cancels a plan bought on our website immediately, without a refund for the rest of the period. It does not cancel a plan bought in the iPhone app: cancel that in your Apple Account settings.

When an account is closed, we keep its data for 90 days, then delete it, including its credits.

14. Your content

Your content is what you put into ShelfSocial: photos, product details, shop details, captions, hashtags and anything else you add. It stays yours.

You give us a worldwide, non-exclusive, royalty-free licence to store, copy, edit and process your content, to send it to the service providers that make images and captions for us, and to publish it to your Instagram account when you tell us to. We use this licence only to run ShelfSocial for you. It ends when your content is deleted, except for posts already on Instagram, which stay there until you delete them in Instagram.

We don't use your content to advertise ShelfSocial without asking you first.

You promise that you have the rights to everything you add: that you took the photos or may use them, and that your posts may show the products, labels, logos and people in them. Brands, labels and logos in your photos belong to their owners.

15. Images and captions made with AI

• ShelfSocial uses artificial intelligence from other companies to make images and write captions from your photos and details. Our Privacy Policy names them.
• AI can get things wrong. A made image can change a label, a price, the product or its text; a caption can say something untrue. Check every image and caption before you post or schedule it. The app reminds you.
• You decide what to post, and you are responsible for what you post. Don't post anything that is untrue, misleading or unlawful.
• As between you and us, you own the images and captions made for you, to the extent the law allows, and you may use them for your business. AI can make similar images or text for others, so we can't promise yours are unique. Some countries don't give copyright to AI-made work.

16. Instagram

• To post, you connect an Instagram business or creator account. You must be allowed to post for that account.
• We post only what you tell us to: a post you send now, or one you schedule. Scheduled posts go out at the time you picked, even when the app is closed. You can unschedule a post before it goes out.
• During a free trial, images can be made only once an Instagram account is connected.
• Instagram is run by Meta, not by us. Meta's terms and rules (including the Instagram Terms of Use and Community Guidelines) apply to your account and your posts, and you must follow them. We are not Meta, and ShelfSocial is not made, endorsed or supported by Meta.
• Instagram can change, limit or stop its service, or refuse a post. When that happens, a post may not go out on time, or at all. You can disconnect Instagram in the app at any time; scheduled posts then wait until you connect again.

17. Your duties as an advertiser

Your posts are your shop's advertising. You are responsible for making sure they follow the laws and rules that apply to your shop and where you sell, including advertising, consumer protection, pricing, labelling and licensing rules.

Alcohol and other age-restricted products

• Alcohol advertising has its own rules in each US state and Canadian province, and Instagram has its own rules too. You are responsible for following them: for example, not aiming posts at people under the legal drinking age, not encouraging excessive or irresponsible drinking, and not making health claims.
• Instagram lets you limit who sees your account by age. Use it where the law or Instagram requires.
• For liquor shops, ShelfSocial can add "Please enjoy responsibly." to captions. It is on unless you turn it off. It is a reminder, not legal advice, and it does not make a post lawful on its own.
• ShelfSocial is not for tobacco, vaping, cannabis or lottery products. Don't use it to promote them.

18. Acceptable use

Don't use ShelfSocial to:

• break any law, or help someone else break one;
• post anything false, misleading, hateful, harassing, violent, sexual or otherwise harmful, or anything that infringes someone else's rights;
• make images of real people without their permission, or imitate another business or person;
• promote tobacco, vaping, cannabis, lottery, weapons or anything else that is illegal where you sell it;
• post to an Instagram account you aren't allowed to post for;
• break Instagram's or Meta's rules, or the usage rules of the AI providers we use;
• get around credits, trials or limits, for example by opening new accounts to get more free trials;
• overload, probe, scrape or attack ShelfSocial, use bots to access it, or get into accounts or systems that aren't yours;
• resell ShelfSocial or build a competing product from it.

19. Other companies' services

ShelfSocial works with services run by other companies, such as Google sign-in, Instagram, Apple, Stripe and AI providers. Their own terms apply when you use them. We are not responsible for their services, and they are not part of this agreement.

20. Availability and changes to ShelfSocial

We work to keep ShelfSocial running, but we can't promise it will always be available, fast or free of errors. It may stop for maintenance, updates or problems outside our control, including at Instagram or our AI providers.

We may change ShelfSocial: add, change or remove features. If we remove something important to your plan, we will tell you first. If we stop offering ShelfSocial altogether, we will tell you at least 30 days before.

21. Suspension and closing

You can stop using ShelfSocial at any time and delete your account in the app (Store > Delete account).

We may suspend or close your account, or refuse a post or an image, if you break these terms, if we must by law, if your use puts others or ShelfSocial at risk, or if payment fails as described above. Where it is reasonable, we will tell you first and give you a chance to fix it.

When an account is closed, nothing more is posted from it. We keep its data for 90 days, then delete it, as our Privacy Policy explains. Posts already on Instagram stay there.

The parts of these terms that by their nature should last after your account closes, such as your content licence for posts already published, the disclaimers, limits of liability, indemnity and governing law, keep applying.

22. Disclaimers

ShelfSocial is provided "as is" and "as available". To the fullest extent the law allows, we make no promises or warranties beyond those written in these terms. In particular, we don't promise that ShelfSocial will bring you followers, customers or sales, that AI-made images or captions will be accurate, or that Instagram will accept or show your posts.

Nothing ShelfSocial makes or says is legal, tax or regulatory advice.

23. Limitation of liability

To the fullest extent the law allows:

• we are not liable for indirect, incidental, special or consequential losses, or for lost profits, sales, revenue, data, goodwill or business opportunities, even if we were told they might happen;
• we are not liable for what you post, for a post that doesn't go out, or for anything Instagram, Meta or another company does;
• our total liability for all claims about ShelfSocial is limited to the greater of the amount you paid us in the 12 months before the claim arose and US$100.

Some places don't allow some of these limits. Where that is so, they apply only as far as the law allows.

24. Indemnity

You will defend and compensate us, and our directors, staff and contractors, for claims, losses and costs (including reasonable legal fees) that come from your content, your posts, your shop's advertising, or your breach of these terms, the law, or Instagram's rules.

25. If you got the app from the App Store

These terms are the licence agreement for the ShelfSocial iPhone app. If you downloaded it from Apple's App Store, these points also apply:

• This agreement is between you and us only, not Apple. We, not Apple, are solely responsible for the app and its content.
• Your licence to the app is limited to using it on Apple-branded devices that you own or control, as the Usage Rules in the Apple Media Services Terms and Conditions allow.
• We, not Apple, are solely responsible for maintenance and support of the app. Apple has no duty to provide any. For help, email support@shelfsocial.ai.
• If the app fails to meet any warranty that applies to it, you may tell Apple, and Apple will refund the price you paid for the app, if any. To the fullest extent the law allows, Apple has no other warranty duty for the app. Any other claims, losses or costs from a failure to meet a warranty are our responsibility, as far as these terms don't exclude them.
• We, not Apple, are responsible for handling any claim by you or anyone else about the app or your use of it, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
• If someone claims that the app or your use of it infringes their intellectual property, we, not Apple, are solely responsible for investigating, defending, settling and discharging the claim.
• You confirm that you are not in a country that is subject to a US Government embargo or that the US Government has named a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
• You must follow the terms of any other company's service you use with the app, such as your mobile carrier.
• Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple has the right to enforce them against you.
• Questions, complaints or claims about the app go to us: Nisq Technologies Inc., 580 The East Mall, Etobicoke, Toronto, ON M9B 4A7, Canada, support@shelfsocial.ai.

26. Changes to these terms

We may update these terms. We will show the new date at the top. If a change matters, we will tell you by email or in the app at least 30 days before it applies, unless the change is needed sooner by law or for safety. If you keep using ShelfSocial after a change applies, you accept it. If you don't accept it, stop using ShelfSocial and cancel your plan before it applies.

27. Governing law and disputes

These terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-law rules.

If you have a problem, email us first at support@shelfsocial.ai; most things can be sorted out that way. If we can't settle it within 30 days, either of us may take it to the courts of Ontario, sitting in Toronto, and we both agree to those courts' jurisdiction. Either of us may also use a small claims court where it has jurisdiction.

If the law where you live gives you the right to have a dispute decided by your local courts or under your local law, and that right can't be given up by contract, this section doesn't take it away.

28. General

• These terms, together with the Privacy Policy, are the whole agreement between you and us about ShelfSocial.
• If part of these terms can't be enforced, the rest still applies.
• If we don't enforce part of these terms straight away, we can still enforce it later.
• You may not transfer this agreement without our written consent. We may transfer it to a company that takes over ShelfSocial, and we will tell you if we do.
• Neither of us is responsible for delays or failures caused by events outside our reasonable control.
• We may send you notices by email to your sign-in address or in the app.

29. Contact

Nisq Technologies Inc.

580 The East Mall, Etobicoke, Toronto, ON M9B 4A7, Canada

Email support@shelfsocial.ai.