Grambutler Terms of Use
Effective Date: January 15, 2019
Your Acceptance
These terms of use (with any documents expressly incorporated by reference herein, collectively, these “Terms of Use” or “Terms”) are entered into by and between Grambutler Marketing, Inc. (collectively “Grambutler,” “we,” “our,” or “us”), and you. These Terms of Use govern your access to and use of our website located at https://www.grambutler.com/ (“Site”) and any services we offer or provide through our Site.
By using the Site or our services, you accept and agree to be bound by and abide by these Terms. By using the Site or our services, you acknowledge and agree that:
If you do not agree to these Terms, you must not use the Site or our services.
Right to Change the Terms and Site
Grambutler may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site or our services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If, at any time, any part of the Terms is no longer acceptable to you, immediately terminate your use of the Site and our services.
We may update the content on the Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Privacy
Grambutler’s use, collection, and storage of user information is detailed in Grambutler’s Privacy Policy https://grambutler.com/privacy-policy/.
Accessing the Site
Grambutler is not liable if for any reason all or any part of the Site is unavailable at any time or for any period. You are responsible for (1) making all arrangements necessary for you to have access to the Site and (2) ensuring that all persons who access the Site through your internet connection are aware of these Terms of Use and comply with them.
Informational Purposes Only
Grambutler is not affiliated with, endorsed by, or certified by Instagram, Facebook, or any Instagram third-party partners in any way.
The Site and our services are for informational purposes only, and you should not construe any such information or other material available through them as legal, tax, investment, financial, or other advice. The information and other material available on the Site are of a general nature and does not address the circumstances of any particular individual or entity. You assume the sole risk and responsibility of evaluating the information and other material available through the site before making any decisions. You agree not to hold us liable for any decision you make based on the information or materials available on the Site. Before making any decision or taking any action, you should consult with professional advisers.
User Responsibilities and Use of Grambutler’s Services
To use the Site and Grambutler’s services, you understand that it is your sole responsibility to comply with Instagram’s rules and applicable laws. By using Grambutler’s services, you understand that you are doing so at your sole risk and that you may be required to:
Your use of the Site and Grambutler’s services means that you understand that:
Content
Use of Grambutler’s services requires customers to provide Grambutler with content in any form (“Submitted Content”) which allows Grambutler to create, post, transmit, distribute, and store content, such as posts, stories, and/or messages, to your Instagram account (together with Submitted Content, the “Content”). Unless otherwise agreed to by Grambutler and you in a written agreement, if you use Grambutler’s services, you grant Grambutler and its affiliated third parties operating at Grambutler’s direction, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licensable, non-exclusive, and royalty-free right to:
By using Grambutler’s services, you represent and warrant that Submitted Content as well as any Content existing on your Instagram account is accurate and owned by you, or you have secured all proper rights, licenses, and authority concerning the Content. You agree to indemnify Grambutler in accordance with the Indemnification section of these Terms for any third-party disputes arising out of the Content.
Grambutler does not and cannot guarantee that any unauthorized copying, use, or distribution of Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that Grambutler shall not be liable for any unauthorized copying, use, or distribution of Content by third parties and release and forever waive any claims you may have against Grambutler for any such unauthorized copying or usage of the Content, under any theory. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SECURITY MEASURES TO PROTECT THE CONTENT USED BY GRAMBUTLER HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES
Payment Terms
Monthly Subscriptions. You agree that upon purchasing our monthly subscription service, that you understand and agree to the scope of and services available under a monthly subscription service. You agree that you will not file a fraudulent dispute via PayPal, Stripe or any other payment processing option (“Third Party Payment Vendor”). Monthly subscription services are billed automatically for the payment amount and term to which you agree upon signing up, unless stated otherwise in writing by Grambutler, or if cancelled by you. Your cancellation of any monthly subscription is effective the 1st of the month following your cancellation, if we receive the cancellation request at least fourteen (14) calendar days before the end of the month. If we, in our sole discretion, or a Third Party Payment Vendor determines that you have made a fraudulent attempt to file a dispute, we, in our sole discretion, may exercise the right to terminate your account with us, terminate any services we may be providing to you, and permanently ban your IP address. We may consider requests appealing our decision. Appeals lacking any response to our correspondence within seven (7) calendar days of delivery will automatically be considered abandoned and you forfeit any chance of a refund.
One-Month Subscriptions. You may cancel your use of any one-month Grambutler service. However, we do not offer any refunds, whole or partial, after an invoice for a one-month subscription is paid.
Refunds. Because Grambutler provides services rather than physical goods, we do not provide refunds, including partial refunds, once an invoice is paid. If you have any questions about our services, please contact us before paying an invoice. If an issue arises following your payment of an invoice, please contact our Customer Support team at info@grambutler.com within three (3) days from the date of payment. You will be required to provide evidence showing that the purchased service is not as it is described on the Site.
Failure to Make Payments. Payments for recurring services are due on the date stated on the Grambutler invoice, and subsequently on the first of each month unless specifically stated in writing otherwise. If you do not timely pay any Grambutler invoice, you understand and agree that Grambutler may, in its sole discretion, terminate all services to you.
Proprietary and Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to any and all of our Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, including, without limitation, templates and designs of goods offered or sold, algorithms, architecture, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and all other intellectual property rights, and any derivative works, improvements, modifications, enhancements or extensions thereof are protected (“Site Content”) are owned, operated, licensed or controlled by Grambutler, 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. All third-party logos, trademarks, and intellectual property are the property of their respective owners.
You may print, download or distribute content on this Site, provided that:
Site Content may not be modified, reproduced, publicly displayed, performed, distributed or used for any public or commercial purposes without explicit written permission from Grambutler and/or the appropriate content or material provider (including any third-party links). Grambutler bears no risk, responsibility or liability if a user does not obtain such explicit written permission as advised by Grambutler.
If you print, download or distribute any part of the Site in violation of these Terms, your right to use the Site will cease immediately and you must return or destroy any copies of the materials you have made.
In addition, the Site may provide you opportunities to (i) access or subscribe to marketing materials (e.g., publications, insights, email-based marketing and event invitations) and (ii) participate in research conducted via polls and surveys. By participating, you understand and agree to the use and sharing (including across borders) of any information provided or posted in support of Grambutler’s marketing activities and related service offerings.
You may not use or copy our trademarks, including but not limited to the Grambutler trademark, Grambutler name, logos, product and service names, designs, and slogans displayed on the Site, domain name, other intellectual property without our prior written permission. You are prohibited from copying any feature or portion of the Site or creating a derivative of the Site. You agree not to use, or permit any third party to use, the Site or our content in a manner that violates any applicable law or this Agreement.
Site Content may be used under limited circumstances in strict accordance with our policies and copyright protections. If you wish to make any use of any Site Content other than as set out in this section, please address your request to info@grambutler.com.
Copyright Infringement
If you believe that your copyright or other rights have been infringed, please provide our designated agent at the address below a written notice with the following information:
Our designated agent for claims of copyright infringement may be contacted at:
nima@grambutler.com.
Prohibited Uses
You may use the Site and our services only for lawful purposes and in accordance with these Terms of Use and not in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries).
Except as explicitly authorized by us, you agree not to:
If you violate these Terms of Use or are engaged in illegal or fraudulent use of the Site, your access to the Site may be terminated or restricted immediately and without notice.
Indemnification
You agree to immediately notify Grambutler and indemnify and hold Grambutler, its affiliates, directors, officers, shareholders, investors, and employees, harmless from any third party claim, demand, action or proceeding and any resulting damages, losses or costs, including reasonable attorneys’ fees, arising out of Submitted Content, your use of the Site or Grambutler’s services, (including the unauthorized use of your account or any other breach of security attributable to your use of the Site or Grambutler’s services), your violation of these Terms, or the infringement by you, or another user using your computer, of any intellectual property or other right of any person or entity.
DISCLAIMER OF WARRANTIES
GRAMBUTLER MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE OR ITS SERVICES. GRAMBUTLER’S SERVICES, THE SITE, AND ALL INFORMATION PROVIDED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRAMBUTLER DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WITH RESPECT TO THE SAME, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, NON-INTERFERENCE, ERROR-FREE SERVICE, AND UNINTERRUPTED SERVICE.
GRAMBUTLER DOES NOT REPRESENT OR WARRANT THAT THE SITE CONTENT OR MATERIALS ARISING FROM ANY GRAMBUTLER SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. GRAMBUTLER IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY, AND WHILE GRAMBUTLER ATTEMPTS TO MAKE YOUR ACCESS AND USE OF ITS SITE OR ITS SERVICES SAFE, GRAMBUTLER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR GRAMBUTLER’S SERVICES OR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRAMBUTLER OR THROUGH THE SITE OR GRAMBUTLER’S SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these Terms, such exclusions and limitations will not apply to you strictly to the extent necessary to make these Terms consistent with such prohibitions.
Limitation of Liability
In no event will Grambutler be liable to you for any special, exemplary, indirect, incidental, or consequential damages, including but not limited to those for loss of profits, revenue, or goodwill, use, data or other intangibles, whether the claim is based upon contract, breach of warranty, tort, or other theory, resulting from or concerning the use or the inability to use the Site or your failure to comply with these terms, even if advised of the possibility of such damages.
YOU MUST COMMENCE ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE USE OF THE SITE, OR YOUR USE OF GRAMBUTLER’S SERVICES WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Conflict Resolution
We believe that most disputes can be resolved informally. Your use of the Site or Grambutler’s services means that you agree to contact us before initiating a lawsuit related to the Site, these Terms of Use, or your use of any services. Email your informal dispute resolution notice to nima@grambutler.com and include as much information as possible for Grambutler to investigate and respond, including your name, your Instagram account username, a description of the dispute and alleged harm, your contact email address, and the name and contact information for your attorney, if you are represented by one (“Notice of Dispute”).
After you send us the required Notice of Dispute, you and Grambutler will have sixty (60) days from Grambutler’s receipt to engage in informal discussions to attempt to resolve the dispute amicably. To the extent permitted by applicable law, you must engage in this informal resolution process before starting any formal dispute process. Any applicable statutes of limitations will be tolled for the 60-day period following Grambutler’s receipt of your Notice of Dispute, to allow the parties to attempt informal resolution.
Governing Law
These Terms, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or the Site, shall be governed by and construed in accordance with the laws of British Columbia without giving effect to any provisions that would require the laws of another jurisdiction to apply and regardless of your location.
Waiver, Severability, and Assignment
If any provision of these Terms of Use is found to be invalid or unenforceable, that provision will be struck and the remaining provisions will remain in full effect.
If you or others violate these Terms of Use and Grambutler takes no immediate action, this in no way limits or waives Our rights, such as Our right to take action in the future or in similar situations.
To the extent permitted by applicable law, these Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Grambutler without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void.
Entire Agreement
These Terms of Use constitute the sole and entire agreement between you and Grambutler regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
Your Comments and Concerns
Last updated: May 12 2025