These terms of service (“Agreement”) govern you accessing content and using Instagram Analytics by smartmetrics.co. This Agreement between you (“you”) and SmartMetrics ("we", "us", "service"), is subject to change by us as described below. By acknowledging these terms and conditions in a separate signup page, you accept this Agreement; agree to be bound by these terms and conditions; have entered into a binding agreement between you and SmartMetrics.
1. This web site (“Site”) is owned and operated by SmartMetrics. (referred to as “SmartMetrics” herein). The Site and its content (“Content”) and the SmartMetrics service (“Service”) may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by SmartMetrics or the copyright owner to the fullest extent allowed by law.
2. To create, upload, and share information, data, and content or to access certain features of the Site and Service, you must create a SmartMetrics account (“Account”). To create an Account, you may be required to provide certain information including, but not limited to, your name, the business name, address, phone number, credit card, and email address. You are responsible for ensuring that any information provided is accurate and up to date. SmartMetrics is not responsible for ensuring that communications reach you. You are responsible for creating a secure password and protecting the Account from unauthorized access. You will be held responsible for any activity that occurs under your Account. SmartMetrics does not have access to User’s passwords once generated, but SmartMetrics can enable or require you to reset the Account password.
3. SmartMetrics reserves the right to charge for Accounts, as well as certain features of the Site and Service. Should SmartMetrics do so and should you elect to establish a paid account and/or subscribe to such features, you agree to pay all then-current fees for use of the Service. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number. For clarification, SmartMetrics accounts are billed in advance on a monthly or annual basis and are non-refundable. There will be no refunds or credits for partial months of Service, upgrade/downgrade refunds, or refunds for months unused with an open Account. In order to treat everyone equally, no exceptions will be made. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged (or credited) a pro-rated amount for the new service level through the end of your billing cycle. Upon the start of your next billing cycle, you will be billed the full new rate. Downgrading your Service may cause the loss of content, features, or capacity of your account. SmartMetrics does not accept any liability for such loss.
4. You acknowledge and agree that SmartMetrics may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at SmartMetrics’ sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform SmartMetrics when you stop using the Services. You acknowledge and agree that if SmartMetrics disables access to your account, you may be prevented from accessing the Services, your account details or any files or other materials that are contained in your account.
5. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by SmartMetrics, unless you have been specifically allowed to do so in a separate agreement with SmartMetrics. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with SmartMetrics, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that SmartMetrics has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which SmartMetrics may suffer) of any such breach.
6. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such materials originated, which may be you.
7. SmartMetrics reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of this Site or its materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the Site or any materials contained therein.
8. While SmartMetrics uses reasonable efforts to include accurate and up-to-date information on the Site, SmartMetrics makes no warranties or representations as to its accuracy. SmartMetrics assumes no liability or responsibility for any errors or representations in the Content or this Site.
9. The Site may contain links to other sites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that SmartMetrics is not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
10. You acknowledge that by accessing the Site, you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that SmartMetrics shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material. The user agrees to not impersonate any person or communicate under a false name or a name the user is not entitled or authorized to use. SmartMetrics has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users.
11. You may use the data/content collected and displayed from your use of the Service solely for informational purposes. You understand and acknowledge that such data/content may not be exhaustive and the analysis of the data/content is based on what third-party data sources provide to SmartMetrics. The data/content is based on publicly available data/content and SmartMetrics does not verify the accuracy of data/content provided by such third parties. Any use of the data/content except as specifically described herein is strictly prohibited. In addition, the data/content collected and displayed may require access to third party sites and such third parties may prevent SmartMetrics from generating such data/content. Furthermore, government regulations and/or compliance with applicable laws may prevent SmartMetrics from using certain data/content or providing it to you.
12. If you post content or submit material, unless such content or material submittal is subject to separate terms and conditions, SmartMetrics shall own such content and material and you hereby assign any rights in such content and material to SmartMetrics. In the event ownership in the content or material cannot be granted to SmartMetrics, you grant SmartMetrics and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant SmartMetrics, its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third party content complies with all laws including, but not limited to, United States copyright law. You will defend, indemnify and hold SmartMetrics and its affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.
13. At your discretion, you may provide feedback to SmartMetrics concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to SmartMetrics. In the event ownership in the Feedback cannot be granted to SmartMetrics, you grant SmartMetrics at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that SmartMetrics may disclose that Feedback to any third party in any manner and you agree that SmartMetrics has the ability to sublicense all Feedback in any form to any third party without restriction.
14. The Site may contain areas or services in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. SmartMetrics may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
15. You shall not transmit to SmartMetrics or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,””drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
16. You may not use your username and password for any unauthorized purpose.
17. SmartMetrics may retain and use, information collected in your use of the Service, provided such information does not individually identify you.
18. SmartMetrics may terminate your access to our Site or the Service for any reason at any time. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Site or Service.
20. The materials on this Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of SmartMetrics’ proprietary rights in them.
21. THE MATERIALS, CONTENT ON THIS SITE AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SmartMetrics SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, MATERIALS POSTED ON THE SITE OR SERVICES. SmartMetrics MAKES NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, SmartMetrics DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SmartMetrics IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
22. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SmartMetrics OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF SmartMetrics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SmartMetrics’ AND ITS LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF SmartMetrics HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
23. This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. This Agreement changes from time to time and changes are effective upon posting. Please check back frequently for updates as it is your sole responsibility to be aware of changes. SmartMetrics does not provide notices of changes in any manner other than by posting the changes at this website. If you do not agree with the terms of this Agreement do not provide any information or use any of the Services or the Site. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation.
24. SmartMetrics is not affiliated with Instagram™ Inc.