Terms of Service

1. Agreement to terms

These Terms of Service ("Terms") are a binding agreement between you ("Customer," "you") and Ellipsend, Inc., a Delaware corporation ("Ellipsend," "we"), governing your access to and use of ellipsend.com and the Ellipsend platform (together, the "Service"). By creating an account or using the Service, you agree to these Terms. If you're accepting on behalf of a company, you confirm you have authority to bind that company.

2. What the Service does

Ellipsend is a social media CRM. Once you connect your Instagram and/or Facebook account, you can manage your comments and direct messages from your Inbox and set up keyword- and rule-based automations that reply to comments and direct messages and share the links and FAQ answers you provide.

You are responsible for what your automations send on your behalf. Automations run according to the rules and message content you configure, and they send without a human reviewing each message before it goes out. You control that setup (triggers, links, FAQs, message content), can review conversations at any time in your Inbox, and can pause or reconfigure your automations whenever you choose.

3. Accounts

You must provide accurate registration information and keep your login credentials confidential. You're responsible for all activity under your account. Tell us immediately if you suspect unauthorized access.

4. Subscriptions, billing, and changes

Plans and pricing are listed at ellipsend.com/pricing and may change with 30 days' notice for existing subscribers. Subscriptions renew automatically for the same term (monthly or annual) unless cancelled before the renewal date. Fees are billed in advance and are non-refundable except as described in our Refund & Cancellation Policy. Usage beyond the included allowance on your plan is billed as usage-based overage, per the rates shown at checkout/in your dashboard. No plan includes a free trial.

5. Acceptable use

You agree not to: use the Service for anything illegal, deceptive, or that violates a third party's rights; send spam or content that violates Meta's Community Standards, Platform Terms, or Commerce Policies; reverse-engineer, scrape, or resell the Service without our written consent; or use Meta Platform Data for advertising profiling, surveillance, or eligibility decisions.

We may suspend or terminate accounts that violate this section.

6. Third-party platforms (Meta)

The Service depends on Instagram and Facebook APIs that Ellipsend does not control. Meta can change, restrict, or revoke API access at any time, and can suspend or restrict your account for reasons outside our control. Ellipsend is not liable for actions Meta takes against your account, though we work to keep the Service compliant with Meta's current policies and will notify you of changes that affect you.

7. Your content and data

You retain ownership of your business content (links, FAQs, and the message content you configure) and of the contacts, conversations, and data in your Inbox. You grant Ellipsend a license to process that content solely to provide the Service. Our handling of personal information is governed by our Privacy Policy and our Data Processing Addendum, each incorporated here by reference.

8. Intellectual property

Ellipsend owns the Service, including its software, design, and branding. Nothing in these Terms transfers that ownership to you. You may not use Ellipsend's trademarks without written permission.

9. Disclaimer of warranties

The Service is provided "as is." We don't guarantee it will be uninterrupted, error-free, or that your automations will always trigger as intended, send the message you configured for a given conversation, or result in any particular sales outcome. To the maximum extent the law allows, we disclaim all other warranties, express or implied.

10. Limitation of liability

To the maximum extent the law allows, Ellipsend is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Our total liability for any claim relating to the Service is capped at the fees you paid us in the 12 months before the claim arose, except for breaches of confidentiality, indemnification obligations, or gross negligence/willful misconduct, which aren't subject to this cap.

11. Indemnification

You agree to indemnify and hold Ellipsend harmless from claims arising from your use of the Service, your content, messages sent by your automations under your configuration, or your violation of these Terms or applicable law.

12. Term and termination

You may cancel anytime; see our Refund & Cancellation Policy for what happens to billing. We may suspend or terminate your account for violation of these Terms, non-payment, or if required by Meta or law. On termination, you'll have 30 days to export your data before we delete it, except where we're required to retain it (e.g., billing records).

13. Dispute resolution and governing law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules.

Any dispute arising from these Terms will be resolved through binding arbitration administered by the American Arbitration Association, rather than in court, and neither party may bring a claim as a class action or consolidated proceeding. You may opt out of this arbitration clause by emailing legal@ellipsend.com within 30 days of creating your account.

14. Changes to these terms

We may update these Terms; material changes take effect 30 days after posting, or on renewal for existing subscribers, whichever is later. Continued use after that means you accept the changes.

15. General

If any provision is found unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger or sale. These Terms, our Privacy Policy, our Cookie Policy, our Refund & Cancellation Policy, our Data Processing Addendum, our Subprocessors List, and any order form are the entire agreement between us.

16. Contact

Questions about these Terms: legal@ellipsend.com, or write to Ellipsend, Inc., 8 The Green, Ste B, Dover, DE 19901 (c/o Northwest Registered Agent Service, Inc.).