Reel Sleuth

These Terms of Service ("Terms," "ToS") govern your use of the Reel Sleuth web application, website, and related services (collectively, the "Service") provided by Middle Middle, LLC ("Middle Middle," "we," "us," or "our").

Reel Sleuth is a Software-as-a-Service (SaaS) web app for real estate agents to browse and analyze the performance of other agents' publicly available Instagram Reels videos.

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY.

1. Eligibility and Account Registration

1.1. Eligibility: You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements.

1.2. Account Creation: To access certain features of the Service, you must register for an account. You agree to:
(a) Provide accurate, current, and complete information during the registration process.
(b) Maintain and promptly update your account information.
(c) Maintain the security of your password and accept all risks of unauthorized access to your account.
(d) Promptly notify us if you discover or otherwise suspect any security breaches related to the Service or your account.

1.3. Account Responsibility: You are responsible for all activities that occur under your account, whether or not you know about them.

2. The Service

2.1. License to Use the Service: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes as a real estate agent, solely as permitted by the features of the Service.

2.2. Service Functionality: Reel Sleuth provides tools to aggregate and analyze publicly available data from Instagram Reels of real estate agents. This includes insights on engagement, views-to-followers ratios, and content performance, from a manually curated list of public Instagram accounts.

2.3. Data from Third Parties:
(a) The Service relies on data obtained from public Instagram profiles.
(b) The data presented is based on publicly available information at the time of collection. We cannot guarantee the continuous availability, accuracy, completeness, or timeliness of this third-party data.
(c) Your use of any insights derived from this data is at your own risk. You acknowledge that Instagram may change its API, data availability, or terms of service, which could impact our Service.

2.4. No Guarantees: While Reel Sleuth aims to help agents optimize content, save research time, and potentially drive lead generation and brand presence, we make no guarantees regarding specific business outcomes, lead generation, increased engagement, or any particular level of performance resulting from your use of the Service.

3. Fees and Payment

3.1. Subscription Fees: Access to certain features of the Service may require payment of subscription fees ("Fees"). Current Fees are available on our website or within the Service. We reserve the right to change the Fees or introduce new charges upon reasonable notice to you (e.g., via email or a notice on the Service).

3.2. Billing and Payment: You agree to pay all Fees in accordance with the payment terms in effect at the time a Fee or charge becomes due. We use Stripe to bill you through a payment account linked to your account. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor, in addition to these Terms. We are not responsible for errors by the payment processor.

3.3. Automatic Renewal: Unless you notify us before the end of the applicable subscription period that you want to cancel, your subscription will automatically renew, and you authorize us (without notice to you, unless required by applicable law) to collect the then-applicable subscription Fee using any credit card or other payment mechanism we have on record for you.

3.4. Cancellations: You may cancel your subscription at any time. Cancellations will take effect at the end of your current billing period. FEES ARE NON-REFUNDABLE, except as required by law or as otherwise determined by us in our sole discretion.

3.5. Taxes: You are responsible for all applicable sales, use, value-added, or other taxes, duties, or governmental levies (collectively, "Taxes") associated with your subscription, other than U.S. taxes based on our net income.

4. Acceptable Use and User Conduct

You agree not to misuse the Service or help anyone else to do so. You agree not to, and will not assist or enable others to:

(a) Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms or any applicable law or regulation.
(b) Breach or otherwise circumvent any security or authentication measures.
(c) Access, tamper with, or use non-public areas of the Service, Middle Middle's computer systems, or the technical delivery systems of our providers.
(d) Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services.
(e) Probe, scan, or test the vulnerability of any system or network.
(f) Scrape, reverse-engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service, except to the extent that applicable law expressly prohibits such a restriction.
(g) Resell, lease, or sublicense the Service or access to it.
(h) Use the Service to analyze data from Instagram accounts in a manner that violates Instagram's Terms of Use or other policies.
(i) Use the data or insights obtained from the Service to harass, defame, spam, or otherwise harm any individual or entity.
(j) Misrepresent your affiliation with any person or entity.
(k) Use the Service to collect or store personal data about other users or individuals whose Reels are analyzed beyond what is necessary for the intended purpose of the Service and in compliance with applicable privacy laws.
(l) Attempt to access or analyze data from private Instagram accounts through our Service. Our Service is designed for publicly available data only.

We reserve the right to investigate and take appropriate action, including suspending or terminating your account, if we suspect a violation of these Terms.

5. Intellectual Property Rights

5.1. Our Intellectual Property: The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Middle Middle, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms grant you a license to use the Service, not a transfer of ownership.

5.2. Trademarks: The "Reel Sleuth" name, the Middle Middle, LLC name, our logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Middle Middle, LLC or its affiliates or licensors. You must not use such marks without our prior written permission.

5.3. Third-Party Content: Content from Instagram Reels remains the intellectual property of the respective Instagram users or their licensors. Our Service provides tools to analyze this publicly available content for insight generation. Your use of such content is subject to Instagram's terms and applicable laws. Data provided by Scrape Creators is subject to their terms.

5.4. Feedback: If you provide us with any suggestions, comments, or other feedback ("Feedback") relating to the Service, we are free to use such Feedback in any way we choose without any obligation to you.

6. Term and Termination

6.1. Term: These Terms will remain in full force and effect while you use the Service.

6.2. Termination by You: You may terminate your account and these Terms at any time by contacting us at hey@reelsleuth.com.

6.3. Termination by Us: We may suspend or terminate your access to and use of the Service, at our sole discretion, at any time and without notice to you, including if:
(a) You breach any material provision of these Terms.
(b) You fail to pay applicable Fees when due.
(c) We are required to do so by law.
(d) We discontinue the Service or a material part of it.

6.4. Effect of Termination: Upon termination:
(a) Your right to use the Service will immediately cease.
(b) We may delete your account and any associated data, subject to our Privacy Policy and data retention practices.
(c) Any provisions of these Terms that by their nature should survive termination shall survive (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability).

7. Disclaimers of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, MIDDLE MIDDLE, LLC DOES NOT WARRANT THAT:
(A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
(B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
(C) THE INFORMATION OR RESULTS OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA FROM INSTAGRAM REELS AND SCRAPE CREATORS, WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT.
(D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
(E) THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ACKNOWLEDGE THAT THE SERVICE'S ABILITY TO ANALYZE INSTAGRAM REELS IS DEPENDENT ON THE CONTINUED AVAILABILITY OF PUBLIC DATA FROM INSTAGRAM AND OUR THIRD-PARTY DATA PROVIDERS. CHANGES BY INSTAGRAM OR THESE PROVIDERS MAY ADVERSELY AFFECT THE SERVICE, AND WE ARE NOT RESPONSIBLE FOR SUCH EFFECTS.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MIDDLE MIDDLE, LLC, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
(A) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, OR DATA) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
(B) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY.
(C) ANY ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION IN THE SERVICE OR IN THE DATA PROVIDED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (I) THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to defend, indemnify, and hold harmless Middle Middle, LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
(a) Your violation of these Terms.
(b) Your use of the Service, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in these Terms.
(c) Your use of any information obtained from the Service.
(d) Your violation of any third-party right, including without limitation any intellectual property right or privacy right.
(e) Your violation of any applicable law or regulation.

10. Governing Law and Dispute Resolution

10.1. Governing Law: These Terms and any dispute arising out of or related to them or the Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

10.2. Dispute Resolution:
(a) Negotiation: In the event of any dispute, you agree to first contact us at hey@reelsleuth.com and attempt to resolve the dispute with us informally.
(b) Arbitration: If we are unable to resolve a dispute informally within thirty (30) days, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Los Angeles, California, unless you and Middle Middle, LLC agree otherwise.
(c) Class Action/Jury Trial Waiver: WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND MIDDLE MIDDLE, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

11. Third-Party Services and Links

The Service may integrate with or contain links to third-party websites, services, or resources (e.g., Instagram, Scrape Creators). You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Middle Middle, LLC. You assume all risk arising from your use of any such third-party websites or resources.

12. Changes to 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 provide at least 15 days' notice prior to any new terms taking effect (e.g., by posting a notice on the Service or sending an email to the address associated with your account). What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

13. General Provisions

13.1. Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire and exclusive understanding and agreement between Middle Middle, LLC and you regarding the Service, and supersede and replace any and all prior oral or written understandings or agreements.

13.2. Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.

13.3. Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. A waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Middle Middle, LLC.

13.4. Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction.

13.5. Notices: Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

13.6. Headings: Headings used in these sections are for convenience only and will not be used to limit or construe any of the terms.

14. Contact Information

If you have any questions about these Terms, please contact us: hey@reelsleuth.com