“In today’s digital world, the most powerful contracts are not the ones we sign. They are the ones we click.”
At 6:30am on a Monday morning, Chioma woke up and reached for her phone, just as she did every day. For three years, she had built her fashion business on Instagram. What started as a small side hustle had grown into her main source of income. Late nights. Endless posting. Customer complaints. Delivery stress. Instagram was not just an app to her. It was her office, her shop, and her survival.
But that morning, her account would not open. Instead, she saw a message: “Your account has been disabled for violating our terms.” No warning. No clear explanation. No human to talk to. Just like that, her business disappeared. Chioma cried. Not because of social media, but because of what she had lost customers, income, stability, and the future she was building.
This story is not unique. Across Nigeria, thousands of entrepreneurs, influencers, and small business owners depend on Instagram for their daily income. Yet many do not realise that the platform’s Terms and Conditions are a binding legal contract. When users create an account on Instagram, they are required to accept the platform’s Terms of Use and Community Guidelines. Most people click “Agree” without reading the document, yet that single click forms a legally binding digital contract between the user and the platform.
Key Terms Users Agree to When They Sign Up
It is important to understand what these terms actually say. Below are some of the key provisions that millions of users around the world including many Nigerians who rely on Instagram for business agree to when they sign up.
1. Instagram Can Remove Your Account
One of the most significant powers granted to the platform is the ability to disable or remove accounts. Under its Terms of Use, Instagram may suspend or terminate an account if it believes a user has violated its rules, including community standards, intellectual property policies, or safety guidelines. In some cases, accounts may be restricted or removed without prior notice. For entrepreneurs who run businesses entirely on Instagram, this clause carries serious implications because their primary marketplace can disappear instantly. Chioma never imagined that three years of consistent effort could be undone by an automated decision she had no power to challenge.
2. You Grant Instagram a Licence to Use Your Content
When users upload photos, videos, captions, or other material, they retain ownership of their content, but they grant Instagram a broad licence to use it. This licence allows the platform to host, store, display, distribute, and promote the content worldwide. It also allows Instagram to make the content available to other users and integrate it into the platform’s features and services. In addition, content shared on the platform may be analysed by systems operated by Instagram’s parent company, Meta Platforms, to improve its services and technologies. This may include the development of automated moderation systems, recommendation systems, and artificial intelligence tools. This means that photos, captions, videos, and other materials posted on the platform can be processed by automated systems to help improve the platform’s functionality and technological capabilities. Every product photo Chioma carefully staged, every caption she crafted, and every video she edited was subject to this broad licence usable by Instagram in ways she may never have anticipated.
3. Instagram Controls How Your Content Is Seen
Contrary to popular belief, posting content does not guarantee that followers will see it. Instagram’s systems determine which posts appear in users’ feeds, stories, or recommendations. The platform uses automated technologies and algorithms to decide what content is promoted, reduced in visibility, or removed from circulation. This means visibility on the platform is not entirely within the control of the user. Chioma had noticed that some posts performed well while others seemed to vanish into silence. She blamed her content. She rarely considered that the algorithm, not her audience, was making the decision.
4. Instagram Collects and Uses Your Data
Using Instagram involves sharing significant amounts of data. The platform collects information about how users interact with content, including likes, searches, messages, viewing patterns, and browsing behaviour. Device information, location data, browsing patterns, and engagement history may also be collected. This data is analysed to personalise advertisements, recommend content, and improve the platform’s services. These practices also raise important questions about privacy and data protection. In Nigeria, privacy is recognised as a constitutional right under Section 37 of the Constitution of the Federal Republic of Nigeria 1999 (as amended). The Nigeria Data Protection Act, 2023 further regulates how personal data is collected, processed, stored, and protected, placing obligations on organisations that handle personal information. Every advert Chioma ran, every message she sent, and every customer interaction generated data that Instagram could collect and analyse. Her business activity was also a data asset one she did not fully know she was sharing.
5. Automated Systems Help Enforce Platform Rules
Instagram relies heavily on automated technologies and artificial intelligence to monitor activity on the platform. These systems help detect spam, harmful content, fake accounts, and other violations. While these tools improve safety, they can also lead to errors, including the wrongful removal of content or temporary account suspensions. This is precisely what happened to Chioma. Not a human reviewer, but an automated system made the decision that ended her business overnight.
6. You Must Respect Intellectual Property Rights
Users are required to post content that does not violate copyright, trademark, or other intellectual property rights. If a copyright owner reports a post for infringement, Instagram may remove the content or restrict the account. Repeated violations can lead to account termination. This rule is particularly relevant for businesses that repost images, music, or designs created by others.
7. Instagram Can Change the Rules
Another important provision in the Terms of Use is that Instagram may update or modify its policies over time. When changes occur, users may be notified within the app or through updated policy documents. Continued use of the platform generally indicates acceptance of the revised terms.
8. The Platform Limits Its Liability
Technology companies typically include provisions that limit their legal liability for losses suffered by users. For example, if an account is suspended, data is lost, or a business suffers financial loss due to platform restrictions, the terms may limit the extent to which the company can be held responsible. This is one reason businesses are often advised not to rely entirely on a single social media platform.
9. You Are Responsible for Your Account Activity
Users are responsible for the activity that occurs on their accounts. If someone else accesses an account and posts harmful or unlawful content, the account holder may still face consequences under the platform’s rules. Maintaining strong passwords and protecting account access therefore becomes important.
10. Instagram Is a Private Platform, Not a Public Space
Although Instagram functions as a digital marketplace and communication tool, it remains a privately owned platform. This means the company has significant authority to set rules, regulate behaviour, and determine how the platform operates. Users participate in the platform subject to those rules. Chioma built her entire livelihood on a platform that, at its core, she did not own and could not control.
Why This Matters
For many Nigerians, platforms like Instagram are not simply places for entertainment. They are spaces where people build businesses, earn income, and connect with customers. Yet these opportunities exist within systems that users do not fully control.
As digital platforms become more central to economic life, it becomes increasingly important for users to understand the agreements they accept and the rights they may be giving up.
Chioma eventually started again. A new page. A new logo. A new beginning. But her experience highlights a reality that many Nigerian entrepreneurs, creators, and business owners face in today’s digital economy.
Platforms such as Instagram provide unprecedented opportunities for visibility, growth, and income generation. However, they also operate under contractual terms that many users have never read and may not fully understand. The convenience of digital platforms often masks the legal obligations, limitations, and risks that accompany their use.
As technology continues to evolve and artificial intelligence plays an increasingly significant role in content moderation, recommendations, and account management, it becomes more important for users to understand the rules governing the platforms on which they depend. Awareness of these terms is not merely a matter of curiosity; it is an important aspect of digital literacy and responsible online participation.
The lesson is simple: while social media platforms create opportunities, they should not be mistaken for assets that users fully control. Understanding the agreements we accept, the data we share, and the rights we grant is becoming an essential part of doing business in the digital age.
“Because in today’s world, some of the most significant legal relationships are created not with a signature, but with a click.”
This article is intended for general information and educational purposes only and does not constitute legal advice.
Written by Karen Ifechi Okunebe, Associate.