Terms of Service

1. Service

We create content for the client's Instagram account and publish it through Instagram's official API. Content is produced wholly or predominantly by artificial intelligence systems, covering text, images, video and synthetic speech. The client acknowledges this expressly.

We owe the performance of the agreed services, not a particular commercial outcome.

2. Scope of services

The individual contract sets out what the chosen plan includes: a number of Instagram stories per week, a number of posts (carousel or video) per week, account setup and agreement of the design guidelines, and a number of manually triggered generations per day.

Communication between the parties runs through a Telegram bot: the client receives content for approval and can request changes. Work beyond the agreed scope requires a separate agreement.

3. Account requirements

The service requires an Instagram professional account — Business or Creator. Personal Instagram accounts are not supported, because Instagram's API does not permit publishing to them.

Access is granted by the client through Instagram's official authorization procedure. We never ask for Instagram passwords.

4. Client obligations

The client provides access to the Instagram account, logo files and any image material, and information about the business, its target audience and its tone of voice.

• The client names a person authorised to approve content.
• The client is responsible for reviewing content before publication.
• The client warrants that it holds the necessary rights to any material it supplies, and that people shown in that material have consented.
• The client is responsible for complying with the Instagram Community Guidelines and the Meta Platform Terms in relation to its own account.

5. Approval and publishing

Every item is sent to the client for approval before it is published, and by default nothing is published without the client's confirmation.

The client may in addition enable scheduled publishing for its own account. It is switched on by the client itself — in the individual contract or with a message in the chat — and while it is active, content is published on the agreed schedule without a separate confirmation for each item. The client can switch it off at any time with a single message in the chat, and switch it back on the same way.

6. AI-generated content and labelling

Generated content is labelled as artificially generated in accordance with Art. 50 of Regulation (EU) 2024/1689 (EU AI Act). The label appears visibly in the image and in the accompanying text.

Waiving the label is possible only where legally permissible and requires a separate agreement in writing; in that case legal responsibility for the omission passes to the client.

The client is responsible for the content it approves for publication.

7. No guarantee of results

We make no promises regarding reach, impressions, engagement rates, follower numbers or revenue. No such figures are assured, and none is a condition of performance.

8. Fees and payment

• The monthly fee is set out in the individual contract.
• Value added tax is shown in accordance with the applicable statutory rules; where the small business regulation under § 19 UStG applies, no value added tax is charged.
• Invoices are issued monthly in advance and are payable within 14 days of the invoice date.
• If payment is more than 14 days late we may suspend the services until payment is received; the claim to the fee remains unaffected.

9. Term and termination

The contract runs for an indefinite period from the agreed start date. Either party may terminate it in writing with the notice period stated in the individual contract, effective at the end of a month. The right to extraordinary termination for cause is unaffected.

On termination we revoke access to the Instagram account and delete the client's data in accordance with the data processing agreement. Content already published remains on the client's account.

10. Usage rights

• The client receives a simple right of use, unlimited in time and territory, in the content created and published for it. This right survives the end of the contract.
• We may use content created in anonymised form for reference purposes. The client may object to this at any time in writing.
• Under the current legal position, purely machine-generated content may enjoy limited or no copyright protection. Protection against imitation by third parties therefore cannot be assured.

11. Liability

• We are liable without limitation for intent and gross negligence, and for injury to life, body or health.
• In cases of simple negligence we are liable only for breach of material contractual obligations, limited to the foreseeable damage typical of this type of contract and capped at twelve months' fees.
• We are not liable for measures taken by Meta Platforms — in particular blocking, restricting or deleting the client's account; for outages or changes in third-party interfaces and services; for errors in content the client has approved; or for the absence of commercial success.
• The client indemnifies us against third-party claims based on material it supplied or content it approved.

12. Data protection

A data processing agreement under Art. 28 GDPR forms part of the contract. What we process and why is described in our App Privacy Policy: App Privacy Policy

13. Final provisions

• Amendments require written form. We notify clients of changes to these terms in writing, with a reasonable period before they take effect.
• If individual provisions are or become invalid, the validity of the remainder is unaffected.
• German law applies. The place of jurisdiction is Berlin, to the extent legally permissible.

• Maksym Synytskyi
• SynnStudio (trade name of Maksym Synytskyi)
• Semmelländerweg 10, 13593 Berlin, Germany