Terms of Use

These terms govern the use of the Lacamio service (hereinafter: “Lacamio”, the “Service”). The Service is operated by LAKA INVEST SRL (CUI RO46371899, Nr. Reg. Com. J14/204/2022, registered office: Str. Oltului 67, Sfântu Gheorghe, Covasna County, Romania; hereinafter: the “Operator”, “we”). You accept these terms when you register: for registration with an email address, by ticking the checkbox; for registration with an external account (e.g. a Google account), by continuing with the sign-in button after the notice shown above it. By using the Service you also accept these terms. If you do not agree with them, please do not use the Service.

1. The Service

Lacamio is a content creation and scheduling tool: you create your posts in it (upload, editing, subtitles, AI caption suggestions) and publish them, now or at a time you choose, to the Facebook Pages, Instagram professional accounts and TikTok accounts you connect. Its main features are:

• creating, scheduling, repeating and publishing posts (text, image, video, Reels, story, TikTok video and photo), with an overview in the Planner; editing the text of Facebook posts published with Lacamio, and deleting Facebook and Instagram posts published with Lacamio from the platform;
• reading and replying to Messenger and Instagram messages, and replying to, hiding and liking comments (Inbox);
• giveaways: importing the comments on Facebook and Instagram posts (or entrants added manually), random draws, AI-generated draft rules and a draft winner announcement compiled from a template;
• Instagram hashtag research and AI hashtag suggestions;
• statistics and reports on the performance of channels and posts;
• subtitles (SRT) and caption suggestions from videos, with the help of AI;
• brands and teams with roles, internal and client approval (approval portal), and video review for your clients through a private link.

The range of available features depends on the plan you choose (see section 8) and on the permissions the platform concerned grants to your account and to Lacamio.

2. Eligibility and account

• To use the Service you must be at least 18 years old (or have full legal capacity under local law).
• The data you provide must be accurate, and you are responsible for the security of your account (password, access); we recommend turning on two-factor authentication.
• You may only connect social accounts that you are authorised to manage (your own, or your client’s on their behalf).
• If you invite team members, you decide who can access your brand, and you are responsible for their activity in your brand. Depending on their role, team members can also see the brand’s messages, comments and giveaway data.

3. Third-party platforms

Lacamio uses the official APIs of Meta (Facebook, Instagram) and TikTok. By using the Service you undertake to also comply with the terms and policies of these platforms — in particular the Facebook and Instagram terms of use and community standards, their policies on Pages and promotions, the Messenger and Instagram messaging rules, the parts of the Meta Platform Terms and Developer Policies that apply to you, and TikTok’s Terms of Service, Community Guidelines, Branded Content Policy and Music Usage Confirmation. Lacamio is not affiliated with Meta or TikTok, and they do not sponsor or endorse Lacamio. We are not responsible for the operation, availability or decisions of these platforms (e.g. content moderation, account restrictions, changes to the API or to permissions).

4. Acceptable use

You may not use the Service to publish or manage content that:

• violates the law or the rights of a third party (e.g. copyright);
• is hateful, harassing, misleading, fraudulent or spam;
• violates Meta’s or TikTok’s policies.

Abusive use of the Service is also prohibited (e.g. circumventing the system, automated abuse, sending unsolicited bulk messages, spam-like repeated publishing of the same content, unauthorised access to other people’s data).

5. Messages and comments

• Replies, hides and likes sent from the Inbox page are made on your instruction, on behalf of your Page or Instagram account; you are responsible for their content. Lacamio does not send automatic replies.
• You must comply with Meta’s messaging rules. Within 24 hours of the last message from the sender (the person corresponding with you), you can reply in the usual way. Between 24 hours and 7 days, Lacamio sends the reply with Meta’s “Human Agent” tag: you may use this only if the reply is written by a human, in response to the person’s enquiry, in order to deal with their matter — you may not send advertising or other promotional content this way. After 7 days, Meta does not allow a reply.
• We process the data of message senders and commenters on your behalf, as set out in section 7.

6. Giveaways

• You are the organiser of any giveaway run with Lacamio, and you are responsible for running it lawfully: for the official rules, the conditions of entry, the prize and its delivery, any tax and reporting obligations, and for providing privacy information to the participants.
• The giveaway rules must state that each participant fully releases Meta (on Facebook) or Instagram from any liability in connection with the giveaway, and that the giveaway is in no way sponsored, endorsed or administered by, or associated with, Meta, Facebook or Instagram (or TikTok).
• You must comply with the platforms’ promotion policies: on Facebook, sharing on a personal timeline or tagging friends may not be a condition of entry (Lacamio does not even allow a tagging condition to be set for a Facebook giveaway), and you may not encourage anyone to tag someone in content in which that person does not appear.
• The draw is random, according to the conditions you set. The AI-generated draft rules and the draft winner announcement compiled from a template are only suggestions: check them before publishing.
• We process the entrants’ data on your behalf, as set out in section 7, and anonymise it within the time limits described in the Privacy Policy.

7. Processing your clients’ data (data processing)

If you use the Service to process other people’s data — e.g. that of people who send messages to your Page, who comment under your posts, who take part in your giveaways, of your clients invited to approval or video review, or of people invited to your team — you are the controller of that data, and we act as a processor within the meaning of Article 28 GDPR, as follows:

• Subject matter, duration, nature and purpose: providing the features of the Service (fetching, displaying, storing and transmitting the data, the draw, anonymisation and deletion) for as long as you use the Service. The data concerned: names, usernames, platform IDs, profile pictures, the content of messages and comments, email addresses, decisions and notes.
• Instructions: we process the data only on your documented instructions — these terms and your use of the features you initiate constitute such instructions — unless required to do otherwise by law; in that case we will inform you in advance, unless the law prohibits this. If, in our opinion, an instruction of yours infringes the GDPR or other data protection law, we will inform you immediately.
• Transfers: we transfer the data outside the European Economic Area only with safeguards under Chapter V GDPR (an adequacy decision or standard contractual clauses), as set out in section 10 of the Privacy Policy.
• Confidentiality: only persons bound by confidentiality may access the data.
• Security: we apply the measures described in the “Security” section of the Privacy Policy.
• Sub-processors: you give us general authorisation to engage the sub-processors listed in the Privacy Policy. We will notify you, including by email, at least 14 days in advance of engaging a new sub-processor or replacing one; you may object within this period. If we cannot find a solution, you may terminate the Service free of charge (see section 8). We impose substantially the same data protection obligations on our sub-processors.
• Assistance: we assist you to a reasonable extent in responding to data subject requests and in meeting your obligations under Articles 32–36 GDPR (security, personal data breaches, impact assessments); we notify you without undue delay of any personal data breach affecting your data.
• Platform enquiries: if we receive an enquiry from Meta or TikTok concerning a channel used in your brand and relating to data subjects’ data, we will inform you where the law and the platform’s rules permit. If the Facebook user who connected the channel requests the deletion of their data through Meta, we also delete the channel and its associated data from your brand.
• What happens to the data at the end: if you disconnect the channel or delete the brand or your account, we delete or anonymise the data in the manner and within the time limits described in the Privacy Policy (for example, deleting a brand does not delete its posts); if you ask beforehand, we will hand over the available data to you.
• Audits: on reasonable request, we make available to you the information necessary to demonstrate compliance with the above obligations, and allow audits subject to prior agreement and confidentiality.
• It is your responsibility to have an appropriate legal basis for the processing (e.g. for providing your clients’ email addresses), to inform the data subjects in your own privacy notice, and to ensure that your instructions are lawful.
• If you conclude a separate data processing agreement with us, that agreement prevails in the event of any discrepancy.

8. Plans, fees and payment

• The Service can also be used on a free (Free) plan. The current prices and limits (brands, channels, AI credits, team members) of the paid plans (Starter, Advanced) are shown on the Pricing page and on the “Plan & billing” page of the app; for greater needs we can agree on a Custom plan. Prices are in euros and do not include any VAT that may apply.
• The fee for a paid plan is payable monthly or annually, in advance. Online payments are processed by Stripe: you enter your card details on Stripe’s payment page, and they never reach us. The subscription renews automatically for the chosen period until you cancel it.
• You can cancel your subscription and change your plan at any time on the “Plan & billing” page, using the “Manage subscription” button (in the Stripe customer portal), where you can also access your invoices. After cancellation we do not charge any further fees; we do not refund fees for a period already paid — except in the case of the right of withdrawal, the refunds undertaken below and other cases where a refund is mandatory by law. If online payment is not available for a plan, we arrange the change of plan through support@lacamio.com.
• Monthly AI credits reset at the beginning of each calendar month, and unused credits do not roll over; the allowance belongs to the user’s own plan. If you have reached the limit for brands, channels or team members, you cannot add new ones, but the existing ones continue to work; if you have run out of AI credits, you cannot request further AI operations until the next month.
• We will notify you of price changes by email at least 30 days in advance; the new price applies from the next billing period, and until then you can cancel the subscription free of charge.
• Pro rata refund: if you are entitled to terminate free of charge under these terms (because of changes to the terms or to the sub-processors, see sections 7 and 12), or if we terminate the Service for a reason other than your breach of contract (see section 11), we refund pro rata the fee for the period paid but not used.
• When you delete your account — before the data is deleted — we close any of your payments that are still open (unfinished) and immediately cancel all of your subscriptions that would still be charged; after that, we do not charge any further fees. If closing the open payments or the cancellation fails, we do not delete the account: in that case, cancel the subscription using the “Manage subscription” button, or write to us. If the cancellation succeeds but the deletion of the account then fails, your subscription remains cancelled and we do not charge any further fees; you can retry the deletion or write to us. The cancellation takes effect immediately; if you did not cancel your subscription before the deletion, we refund the fee already paid for the period after the deletion not automatically but on request: to request it, write to support@lacamio.com.
• Right of withdrawal (for consumers): if you subscribe as a consumer, you may withdraw from the contract without giving any reason within 14 days of concluding the paid subscription. To do so, send us a clear statement before the deadline expires to support@lacamio.com or by post to our registered office; you may use the model form below, but this is not mandatory. If you withdraw, we refund the fee received from you within 14 days of receiving your withdrawal statement, using the original payment method, and your paid subscription ends. If, before paying, you expressly requested that the subscription start immediately, before the withdrawal period ends (with the checkbox you tick on the payment page when accepting the Terms of Use), we deduct from the refund a proportionate amount for the service provided until you withdrew: the part of the fee for the paid period that corresponds to the days elapsed until your withdrawal. If you did not make this request (as with subscriptions started before the checkbox was introduced), we refund the full fee.
• If you subscribe as a consumer, these terms do not limit your statutory right of withdrawal or your other consumer rights.

Model withdrawal form (complete and return this form only if you wish to withdraw from the contract):

• To: LAKA INVEST SRL, Str. Oltului 67, Sfântu Gheorghe, Covasna County, Romania; support@lacamio.com
• I, the undersigned, hereby give notice that I exercise my right of withdrawal from the contract for the paid Lacamio subscription (provision of a service).
• Date the contract was concluded: …
• Name of consumer: …
• Address of consumer: …
• Email address of the Lacamio account: …
• Signature of consumer (only if this form is submitted on paper): …
• Date: …

9. Your content, publishing and AI

The content you upload and publish remains yours. To the extent necessary to provide the Service, you grant us permission to store and process the content (e.g. generating subtitles/captions) and to publish it on the chosen platforms on your instruction — immediately or at the time you set. You are responsible for your content and its lawfulness (e.g. copyright, music, trademarks, disclosure of paid or branded partnerships).

• The system sends a scheduled post at the set time without any further confirmation, so check it before scheduling. Sending may fail because of the platform; in that case we keep the media so that you can retry.
• Deleting a post from Facebook or Instagram is permanent and cannot be undone. TikTok posts cannot be deleted or edited from Lacamio.
• A post sent to TikTok as a draft must be finished in the TikTok app: you choose the privacy level and the other settings there (for a video, the caption is not transferred). With direct publishing, you choose for each post in the TikTok panel the privacy level, whether interactions are allowed (comments and, for a video, Duet and Stitch), the commercial content disclosure and, for a photo, whether to add recommended music. The privacy level has no default value; interactions, the commercial disclosure and music are turned on only if you tick them. We save your choice with the post and send exactly that, unchanged, for scheduled or queued posts and on a retry. If there is no valid choice, or your TikTok account’s settings have changed in the meantime so that your choice can no longer be sent (e.g. the chosen privacy level is no longer available, or you have turned off the interaction you requested), the post is not sent to TikTok (it may still go out to its other channels), and an error message indicates this; we do not adjust the settings on your behalf, and in that case you have to put the TikTok post together again (e.g. with the Planner’s “Duplicate” function; the channels are not carried over to the copy, so you select them again yourself). With direct publishing, a post can go to only one TikTok account, cannot be recurring and cannot go through approval: its TikTok settings are always chosen in the panel by you or, in a brand, by the brand’s owner or an admin; a post that has gone through approval, or that is retried by a team member other than the brand’s owner or an admin, goes to TikTok as a draft. You are responsible for the commercial content disclosure, in accordance with TikTok’s Branded Content Policy: if the post promotes you or your own business, choose the “Your brand” disclosure (TikTok labels the post “Promotional content”); if it promotes another brand or a third party — for example in a paid collaboration — choose the “Branded content” disclosure (TikTok labels the post “Paid partnership”); if both, choose both disclosures (TikTok then labels the post only “Paid partnership”). The privacy level of branded content cannot be “only me”. By publishing, you agree to TikTok’s Music Usage Confirmation and, for branded content, also to its Branded Content Policy.
• AI-generated subtitles, captions, hashtags and draft rules may be incorrect or inaccurate: check them before use. You are responsible for the content you publish.
• If you send an approval or video review link to your client, you are responsible for providing their email address lawfully and for what you share with them.

10. Limitation of liability

We provide the Service “as is”, excluding, to the fullest extent permitted by law, any express or implied warranty or guarantee. We do not guarantee continuous, error-free operation, and we are not liable for disruptions caused by third-party platforms (Meta, TikTok), for the platforms’ decisions, for the content of AI suggestions or for indirect damages. Our liability exists within the limits of the applicable law; if you are a consumer, this section does not limit your mandatory statutory rights. This limitation of liability does not apply to damage caused intentionally or through gross negligence, or to damage resulting from injury to life, body or health.

11. Termination

You can delete your account at any time on the “Account settings” page; in that case we immediately cancel any subscription you have (see section 8). In the event of a serious or repeated breach of contract or a breach of the law, or if Meta or TikTok requests it (because in their view you have violated their rules, or you are harming the platform or its users), we may suspend or terminate your access or your channels’ access with immediate effect; for other breaches of contract we will first notify you by email and give you a reasonable deadline to remedy the breach. We will inform you of the decision and the reason for it by email. If we terminate the Service for a reason other than your breach of contract, we will notify you at least 30 days in advance and refund pro rata the fee for the period paid but not used (see section 8), and until then you can ask us to hand over your data. When your account is deleted, we delete your data as described in the Privacy Policy.

12. Changes to the terms

We may amend the terms because of changes in the law, changes to the rules of the platforms (Meta, TikTok), changes to the Service (e.g. a new feature) or for security reasons. We will notify you of material changes, including by email, at least 30 days before they take effect, unless the law or a platform’s rules require a shorter period. If you do not agree with the change, you can terminate the contract free of charge until it takes effect (by cancelling your subscription or deleting your account); in that case we refund pro rata the fee for the period paid but not used (see section 8). Once they take effect, the amended terms apply to you.

13. Governing law and contact

These terms are governed by Romanian law. Any disputes will be heard by the competent Romanian court for the Operator’s registered office. If you are a consumer, this does not affect the mandatory protection afforded to you by the law of your habitual residence; you may also bring proceedings before the court of your place of residence, and we may bring proceedings against you only before the court of your place of residence. As a consumer, you can also lodge a complaint with the Romanian National Authority for Consumer Protection (Autoritatea Națională pentru Protecția Consumatorilor — ANPC, anpc.ro); information on alternative, out-of-court dispute resolution (SAL) is available on the ANPC website: anpc.ro/sal.

These terms are available in Hungarian, Romanian and English, with identical content. In the event of any discrepancy between the language versions, the interpretation more favourable to you prevails. If you have any questions, write to support@lacamio.com.