Terms of Service

Acceptance of Terms

By accessing or using Marshmallow (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service. These Terms constitute a legally binding agreement between you and Marshmallow.

We may update these Terms from time to time. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

Description of Service

Marshmallow is an AI-powered Instagram analytics platform. The Service provides:

• Instagram performance analytics — view metrics, trends, and insights for your own posts
• AI-powered chat assistant — ask questions about your content performance and get strategy recommendations
• Content analysis — AI-driven breakdowns of what makes your content perform, including hooks, scripts, and engagement patterns
• Document upload and knowledge base integration
• Free and paid subscription tiers with varying feature access

User Accounts

Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

Account Security

• Keep your login credentials secure and do not share them
• Notify us immediately if you suspect unauthorized access
• You are responsible for all activity that occurs under your account

Age Requirement

You must be at least 13 years old (or 16 in the European Economic Area) to use the Service. By creating an account, you represent that you meet this age requirement.

Instagram Integration

Authorization

When you connect your Instagram account, you authorize Marshmallow to access your Instagram data through Meta's official API. This connection uses OAuth 2.0 — we never see or store your Instagram password.

Your Responsibilities

• You must be the owner of the Instagram account you connect, or have explicit authorization from the owner
• You must comply with Meta's Platform Terms and Instagram's Terms of Use when using the Service
• You are responsible for ensuring your content does not violate third-party rights

Limitations

Marshmallow relies on Meta's Instagram API. We cannot guarantee uninterrupted access to Instagram data, as Meta may change, limit, or discontinue their API at any time. API changes may temporarily or permanently affect the features available to you.

Disconnection

You can disconnect your Instagram account at any time from your account settings or directly from Instagram's Apps and Websites settings.

Subscription & Billing

Plans

Marshmallow offers a Free tier and a Pro subscription. The Pro plan provides enhanced features and increased usage limits. Current pricing is available on our pricing page.

Billing

• Pro subscriptions are billed monthly and renew automatically
• Payment is processed securely through Stripe
• You may cancel your subscription at any time — access continues through the end of your current billing period
• We may change pricing with at least 30 days' advance notice

Refunds

Subscription fees are generally non-refundable, except as required by applicable law. If you experience a billing issue, contact us and we'll work to resolve it.

Failed Payments

If a payment fails, we will attempt to process it again. If payment cannot be collected after reasonable attempts, your subscription may be suspended or downgraded to the Free tier.

AI Services & Limitations

Nature of AI Outputs

Marshmallow uses artificial intelligence to generate insights, recommendations, and content analysis. You acknowledge and agree that:

• AI-generated content may contain errors, inaccuracies, or biases
• You are solely responsible for reviewing and verifying AI outputs before using them in any context
• AI outputs do not constitute professional marketing, legal, financial, or business advice
• AI features may be updated, modified, or discontinued as the technology evolves

Usage Limits

AI features are subject to usage limits based on your subscription tier. These limits may be adjusted as we refine the service. Current limits are displayed in your account dashboard.

Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation
• Infringe on intellectual property or privacy rights of others
• Transmit harmful, offensive, or illegal content through the AI chat
• Attempt to gain unauthorized access to other users' data or our systems
• Interfere with or disrupt the Service or its infrastructure
• Use the Service to harass, stalk, or harm any person
• Use automated tools (bots, scrapers) to access the Service without permission
• Attempt to reverse-engineer, decompile, or extract source code from the Service
• Misrepresent AI-generated content as human-created where disclosure is required

We may suspend or terminate accounts that violate this policy.

Intellectual Property

Our Property

The Service — including its design, features, code, and branding — is owned by Marshmallow and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute any part of the Service without our written permission.

Feedback

If you provide feedback or suggestions about the Service, you grant us a non-exclusive, royalty-free license to use that feedback to improve the Service without obligation to you.

Data Ownership

Your Content

You retain full ownership of your Instagram data, uploaded documents, and any other content you provide to the Service. By using Marshmallow, you grant us a limited, non-exclusive license to process your content solely to provide and improve the Service for you.

AI-Generated Outputs

Insights, recommendations, and other content generated by our AI based on your data are provided for your use. We make no claim of ownership over AI-generated outputs. However, we provide no warranty regarding their accuracy, originality, or fitness for any purpose.

Data Privacy

Your data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Third-Party Services

Marshmallow integrates with third-party services including Instagram (Meta), Stripe, and AI providers. Your use of these integrations is also subject to those services' respective terms and policies. We are not responsible for:

• Outages, changes, or discontinuation of third-party services
• Data handling by third-party services beyond our control
• Changes to third-party APIs that may affect Service features or availability

Disclaimers

Limitation of Liability

To the maximum extent permitted by law, Marshmallow and its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities
• Damages arising from reliance on AI-generated content
• Damages resulting from third-party service outages or changes
• Unauthorized access to or alteration of your data

Our total liability for any claim arising from or related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

Indemnification

You agree to indemnify and hold harmless Marshmallow, its officers, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service or violation of these Terms
• Your misuse of AI-generated content or recommendations
• Content you upload or provide to the Service that violates third-party rights
• Your violation of any applicable law or regulation

Termination

By You

You may close your account at any time from your account settings. Upon closure, your subscription will be canceled and your data will be deleted in accordance with our Privacy Policy. You will have 30 days after account closure to request an export of your data.

By Us

We may suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or if required by law. Where possible, we will provide advance notice and an opportunity to export your data before termination.

Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution) will continue to apply.

Dispute Resolution

Informal Resolution

Before filing a formal dispute, you agree to first contact us and attempt to resolve the dispute informally for at least 30 days.

Governing Law

These Terms are governed by the laws of the State of Utah, United States, without regard to conflict of law principles.

Jurisdiction

Any disputes that cannot be resolved informally will be resolved in the state or federal courts located in Utah. You consent to the personal jurisdiction of these courts.

Changes to Terms

We may revise these Terms from time to time. When we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. The “Last updated” date at the top indicates when these Terms were last revised.

Your continued use of the Service after updated Terms take effect means you accept those changes. If you disagree, you may close your account.

Contact Information

If you have questions about these Terms of Service, contact us at: