1. Acceptance of the Terms
Welcome to Tikful (hereinafter, the “Application”), operated by WEBYSAM S.L, a limited liability company registered in Spain with tax ID (NIF) B05326921. By accessing or using our Application, you (hereinafter, the “User”) agree to be bound by these Terms and Conditions of Service (the “Terms”) and by our Privacy Policy. If you do not agree with any part of these Terms, you may not access or use the Application.
You declare that you are of legal age in your jurisdiction of residence to enter into a binding contract.
2. Description of the Service
Tikful is a marketing platform that allows content creators to sign up, manage advertising campaigns and sync content with social networks, including Instagram, through Meta’s official API. The service connects creators and advertisers for the distribution of commercial content on social media and is based on integration with the Instagram API (Graph API), owned by Meta Platforms, Inc. (“Meta”), in order to:
- Make it easier to sign in to the Application using the User’s Instagram credentials.
- Access and process analytics and performance data for the User’s Instagram posts and profile, such as reach, interactions, likes, comments and other “Insights” information available through the official Instagram API, provided the User has granted the corresponding permissions.
- The Application is designed to work exclusively with Instagram “Business” or “Creator” accounts, which are the account types supported by the Instagram Graph API.
3. User Account and Instagram Connection
- Access to the Application: To use the Service, the User must authorize Tikful to connect to their Instagram Business or Creator account. This authorization is carried out through Meta’s secure authentication process (OAuth).
- Account Security: The User is responsible for keeping their login credentials for the Application and for their Instagram account confidential, and is fully responsible for all activity that takes place under their account.
- Accuracy of Information: By granting access, the User confirms that they are the owner or an authorized administrator of the Instagram account being connected and that they have the legal authority to grant the requested permissions.
4. Intellectual Property and Data License
- Ownership of the Application: Tikful and its original content, features, code and functionality are and will remain the exclusive property of Tikful and its licensors.
- License to Use User Data: By connecting their Instagram account, the User grants Tikful a limited, non-exclusive, worldwide, royalty-free license to use the analytics and performance data we access solely to provide and improve the Service.
- Compliance with Meta Policies: Use of the Instagram API is subject to Meta’s Platform Terms, Developer Policies and Instagram’s Terms of Use. The User agrees to comply with these policies at all times.
- User Content: The User retains all intellectual property rights over the content they publish or sync through Tikful. By uploading content, the User grants Tikful a non-exclusive, worldwide, free license to use, host, reproduce and display that content within the platform and to provide the contracted services.
5. Privacy and Data Protection
The collection and use of the User’s personal information are governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Application, the User accepts the practices described in our Privacy Policy.
- The Application implements technical and organizational measures to protect User data against unauthorized access, alteration or destruction.
- The User acknowledges that, in addition to our own terms, their use of the Application is also subject to Meta’s Privacy Policy.
6. User Obligations and Responsibilities
The User agrees to use the Application only for lawful purposes and in accordance with these Terms. It is strictly prohibited to:
- Violate any applicable national or international law or regulation.
- Use the Application for spam or phishing activities, or to distribute malicious software.
- Violate Instagram’s or Meta’s terms of service or usage policies.
7. Disclaimer of Warranties
The User understands and agrees that use of the Application is at their own risk. The Service is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, whether express or implied.
Tikful does not guarantee continuous, uninterrupted availability of the service. Although security and maintenance measures have been put in place, the service is provided “as is” and may experience interruptions or errors. Tikful accepts no liability for:
- Content generated by the User or by third parties, or activities the User carries out outside the platform.
- Damages or losses arising from the use of the service or from the inability to use it, unless applicable law provides otherwise.
8. Limitation of Liability
To the fullest extent permitted by the laws of Spain, Tikful and its directors, employees, partners or agents shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data, use, goodwill or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Application; (ii) any conduct or content of third parties on the Application; or (iii) unauthorized access to, use of or alteration of your transmissions or content. For any dispute arising from access to or use of Tikful, both parties agree to submit to the competent courts of the city of Madrid (Spain), unless the law mandatorily establishes another jurisdiction.
9. Indemnification
The User agrees to defend, indemnify and hold harmless Tikful, its affiliates, licensors and service providers from any claim, liability, damage, judgment, award, loss, cost, expense or fee (including reasonable attorneys’ fees) arising out of or related to the User’s breach of these Terms or their use of the Application.
10. Termination
We may suspend or terminate your access to the Application immediately, without prior notice or liability, for any reason, including, without limitation, if you breach these Terms. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability.
11. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Madrid, Spain.
12. Changes to the Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice before the new terms take effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Application after those revisions take effect, you agree to be bound by the revised terms.
13. Duration and Suspension
These Terms remain in force for as long as the User uses the service. We may suspend or cancel the User’s account immediately if they breach these terms or if the platform is used in a way that may harm Tikful or third parties. The User may cancel their account at any time by following the procedures set out on the platform or by requesting it at contact@tikful.com.
14. Privacy Policy
For any questions about these Terms and Conditions or about how the platform works, you can contact Tikful at:
Email: contact@tikful.com
Registered office: WEBYSAM S.L., Madrid, Spain.