> ## Documentation Index
> Fetch the complete documentation index at: https://docs.setor.ai/llms.txt
> Use this file to discover all available pages before exploring further.

# Setor AI Terms of Service — Version 4.0, Effective July 2026

> Binding terms for using the Setor AI Instagram DM automation platform. B2B only, 14-day free trial, $1,000/month. Version 4.0, effective July 1, 2026.

These Terms of Service govern your use of the Setor AI platform (setor.ai and app.setor.ai). By creating an account, accessing, or using the service, you accept these Terms, the Data Processing Agreement (Annex A), and the Acceptable Use Policy (Section 11). If you are accepting on behalf of a company or organisation, you represent that you have the authority to bind that entity.

<Note>
  **Version 4.0 · Effective date: July 1, 2026**<br />
  **Operator:** SETOR AI Spółka z ograniczoną odpowiedzialnością, ul. Tomasza Zana 1, 20-601 Lublin, Poland · KRS 0001202220 · NIP 7123502599<br />
  **Contact:** [office@setor.ai](mailto:office@setor.ai)
</Note>

## Key Sections

<Accordion title="Service Description">
  Setor AI provides a software-as-a-service (SaaS) platform that enables businesses to automate and manage conversations via Instagram direct messages using advanced artificial intelligence and machine learning. Core capabilities include automated responses, lead qualification, meeting scheduling, and full conversation management — all delivered through the Meta Graph and Messaging API.

  The service is a **configurable tool**: you independently set the AI persona, automation rules, response templates, and behaviour parameters. Setor AI processes messages and generates responses on your behalf based solely on the configuration you provide.

  Setor AI is a **Meta Verified Technology Partner**, confirming compliance with Meta's technical and integration standards. This designation does not constitute a Meta endorsement or any warranty about your account's safety from Meta enforcement actions.

  **Aspired availability:** Setor AI targets 99.5% monthly uptime for core platform functions (excluding planned maintenance, third-party platform downtime, and force majeure events). This is an operational target, not a binding SLA, unless a separate SLA is agreed in an Order Form.
</Accordion>

<Accordion title="Eligibility">
  To create an account and use the service you must:

  * Be **at least 16 years old** (or the minimum age required to consent to data processing in your jurisdiction, if higher).
  * Use the service for **business or professional purposes only (B2B)**. The service is not directed at consumers.
  * **Own or legally control** any Instagram account you connect. By connecting an account you represent that you hold the necessary rights and have the authority to grant Setor AI the Meta API permissions requested during the OAuth consent flow.

  If you accept these Terms on behalf of an organisation, you personally represent that you have the authority to bind that organisation. If you do not have that authority, you are personally responsible for any violations.
</Accordion>

<Accordion title="Pricing and Payment">
  The service is offered under fixed subscription, usage-based, or hybrid pricing plans as published on setor.ai or agreed in an Order Form.

  **Key billing terms:**

  * **Usage-based monthly cap:** For usage-based plans, monthly fees per account cannot exceed **USD 50,000** per calendar month unless a higher limit is expressly agreed in writing.
  * **Price changes:** Setor AI will give you at least **30 days' prior written notice** of any price change. Price changes require your **explicit acceptance** — continuing to use the service does not constitute acceptance of a price increase. If you do not accept before the next subscription period, you may cancel and receive a pro-rata refund of any prepaid, unused fees.
  * **Late payment:** Invoices are due on issuance (or net-14 for enterprise Order Forms). If an invoice remains unpaid more than **14 days** past due after a written cure notice, Setor AI may suspend your access. Suspension for non-payment does not delete your data. If payment is not received within 30 days of suspension, Setor AI may terminate the agreement.
  * **Refunds:** All paid fees are generally non-refundable except for confirmed billing errors, material SLA breaches (where an SLA is agreed), termination due to permanent Meta API withdrawal (pro-rata), or where mandatory law requires a refund.
  * **Subscriptions auto-renew** for successive periods of the same duration unless you cancel via account settings or by emailing [office@setor.ai](mailto:office@setor.ai) at least **7 days before** the renewal date.
</Accordion>

<Accordion title="Your Data">
  You retain all rights, title, and interest in your Client Data — your content is and remains yours.

  By using the service, you grant Setor AI a limited, non-exclusive, worldwide, royalty-free licence to use, process, store, copy, and transmit your Client Data **solely** to provide, maintain, and support the service as described in the Data Processing Agreement. This licence terminates when your agreement ends, subject to the data retention provisions in the DPA.

  **AI-generated content** (automated responses, message suggestions) produced using your data and configuration is owned by **you**, subject to Setor AI's intellectual property rights in the underlying algorithms and models.

  **No AI training on your data:** Setor AI does not use your Client Data or your end users' message content to train general AI models. Agreements with all AI sub-processors contractually prohibit using processed data for their general model training.

  Setor AI may generate and use **Derivative Data** — aggregated, statistical, or irreversibly anonymised data that cannot identify you or any individual — to maintain, improve, and benchmark the service. Derivative Data is controlled by Setor AI; identifiable client data is never used for this purpose.
</Accordion>

<Accordion title="Acceptable Use">
  You may use the service only for lawful business purposes. The following are expressly prohibited:

  * Sending **spam, unsolicited messages, or bulk messages** in violation of applicable law or Meta policies
  * Sending **misleading, fraudulent, false, or harassing** messages via the service
  * **Violating Meta Terms**, Community Guidelines, Platform Policy, or Instagram Communication Policy
  * **Reverse engineering, decompiling, or disassembling** the service or its underlying technology
  * **Reselling, sublicensing, or redistributing** the service without prior written consent
  * **Circumventing security measures**, including the AI disclosure function (see EU AI Act section below)
  * Using the service for **high-risk or prohibited EU AI Act purposes**, including: social scoring, real-time remote biometric identification, employment decisions, creditworthiness assessment, or law enforcement profiling
  * Contacting individuals who have **blocked or opted out** of communication
  * Transmitting **malware, viruses, or harmful code** via the service

  Setor AI may investigate violations and suspend or close your account without prior notice.
</Accordion>

<Accordion title="Meta API Dependency">
  The service integrates with and depends on the Meta API, which Setor AI does not own, operate, or control. You expressly acknowledge that service availability depends on Meta's continuous operation of its APIs.

  **If Meta changes its policies making service provision impossible or commercially unfeasible:**

  * Setor AI will notify you within 14 days of learning of the change.
  * Either party may terminate the agreement with 30 days' written notice.
  * Upon such termination, you receive a **pro-rata refund** of prepaid fees for the remaining subscription period.
  * Neither party has further liability from such termination.

  **If Meta permanently withdraws Setor AI's API access:**

  * Either party may immediately terminate in writing.
  * You receive a pro-rata refund of prepaid fees for the current subscription period.
  * Setor AI will use commercially reasonable efforts to develop alternative integrations within 90 days (without guarantee of replicating all existing functionality).
  * The pro-rata refund is your sole remedy in this scenario.

  To the maximum extent permitted by law, Setor AI is **not liable** for losses arising from Meta or Google actions against your accounts, changes to third-party APIs or policies, or temporary or permanent service unavailability due to third-party platform issues.
</Accordion>

<Accordion title="Instagram Account Risks">
  Instagram restrictions, temporary limitations, rate limiting, shadow-banning, and enforcement actions are common across the automation industry. Meta acts independently and Setor AI's Meta Verified Technology Partner status does not guarantee immunity from Meta enforcement.

  **You are solely responsible for:**

  * Ensuring your account complies with Meta's Terms of Service, Community Guidelines, Platform Policy, and Instagram Community Guidelines at all times
  * All message content sent via the service, including AI-generated messages you authorised for automatic sending
  * Configuring automation rules and AI behaviour settings in compliance with Meta policies and applicable law
  * Monitoring your account for restrictions or warnings from Meta and adjusting your use accordingly
  * Respecting Instagram rate limits and communication policies

  No refunds, compensation, or damages of any kind are available for service interruptions caused by Instagram account limitations, suspensions, or blocks imposed by Meta, regardless of cause.
</Accordion>

<Accordion title="Liability Limits">
  **Cap on total liability:** Setor AI's total cumulative liability under or relating to this agreement — regardless of legal basis — is capped at the **total fees you actually paid to Setor AI in the 12 months directly preceding the event giving rise to the claim**.

  **Excluded damages:** To the extent permitted by law, Setor AI excludes liability for indirect, consequential, or lost profit damages (lucrum cessans).

  **Nothing in these Terms limits Setor AI's liability** for wilfully caused damages, or any liability that cannot be excluded or limited under mandatory law.

  **B2B context:** These limitations apply in B2B relationships. If you qualify as a consumer under applicable law, mandatory consumer protection rules apply and unfair contract terms do not bind you.
</Accordion>

<Accordion title="EU AI Act — Deployer Obligations">
  The EU AI Act (Regulation 2024/1689) imposes obligations on both the **Provider** (Setor AI) and the **Deployer** (you) of AI systems. Article 50 transparency obligations apply from **August 2, 2026**.

  **Setor AI's role (Provider):** Setor AI fulfils the Article 50(1) design obligation by providing a configurable disclosure message that informs conversation participants they are interacting with an AI system. The tool is designed to enable this disclosure.

  **Your role (Deployer):** As the entity configuring the AI persona and deploying it to your audience, **you are responsible for actually informing your leads and contacts that they are interacting with AI** — at minimum at the first interaction (Article 50(1), subject to the context exception in Article 50(5)). You must not disable or circumvent the disclosure function.

  <Warning>
    **Failure to disclose AI interaction can result in fines of up to €15,000,000 or 3% of global annual revenue** (whichever is higher; EU AI Act Article 99(4)(g)), with lower thresholds for SMEs. You indemnify Setor AI for any claims or regulatory actions arising from your failure to comply with these disclosure obligations.
  </Warning>

  Prohibited uses under EU AI Act Article 5 include: subliminal or deceptive manipulation, exploitation of group vulnerabilities, social scoring, real-time remote biometric identification, and emotion recognition in workplace or education contexts. The service does not employ any of these techniques and you may not configure it to do so.
</Accordion>

<Accordion title="Governing Law and Disputes">
  **Governing law:** Polish law and directly applicable EU law. This choice does not deprive consumers of protections afforded by the mandatory law of their habitual residence.

  **B2B disputes (non-consumer clients):** Before initiating proceedings, the parties will attempt to resolve disputes through good-faith negotiations for at least 30 days from written dispute notice.

  * **EEA clients:** Exclusive jurisdiction of the **District Court Lublin-Wschód in Lublin (Świdnik)** or, for claims exceeding its material jurisdiction, the **Regional Court in Lublin**.
  * **Non-EEA clients:** Final resolution by arbitration under **ICC Arbitration Rules**, seat in Warsaw, Poland, in English. One arbitrator for claims under €100,000; three for claims of €100,000 or more.

  **Injunctive relief:** Either party may seek temporary or permanent injunctive relief from any competent court to prevent irreversible harm, including for intellectual property or confidential information protection.

  **Consumer clients** have access to the EU ODR platform at [ec.europa.eu/consumers/odr](https://ec.europa.eu/consumers/odr) — Setor AI's ODR contact is [office@setor.ai](mailto:office@setor.ai).
</Accordion>

***

<Note>
  The full Terms of Service are available at [https://setor.ai/terms](https://setor.ai/terms). For legal or compliance queries, contact [office@setor.ai](mailto:office@setor.ai).
</Note>
