Terms of Use
Overview of the Service
BestPostingTimes (“the Service”) is an Instagram analytics platform that provides users with insights into their Instagram account performance. The Service offers features such as engagement tracking, identifying optimal posting times, audience demographic insights, and other analytics tools to help improve your Instagram strategy. By using BestPostingTimes, you agree to these Terms of Use (“Terms”). These Terms form a binding agreement between you and the operators of BestPostingTimes, and you must comply with them when accessing or using the Service.
Eligibility
To use BestPostingTimes, you must be eligible to have an Instagram account. You must be at least 13 years old (or the minimum age required by Instagram’s terms or by local law, if higher) and not barred from using Instagram or our Service under any applicable laws. By registering for or using BestPostingTimes, you represent and warrant that you have a valid Instagram account in good standing, that you are authorized to access that Instagram account’s data, and that all registration information you submit to BestPostingTimes (including signing in via Google or other methods) is truthful and accurate. If you do not meet these eligibility requirements, you must not use the Service.
User Obligations
When using BestPostingTimes, you agree to the following obligations and responsibilities:
- Account Authentication: You must authenticate your identity and link your Instagram account to BestPostingTimes to access the Service’s features. This may involve signing in via our supported authentication methods (such as Supabase Auth or Google Sign-In) and granting BestPostingTimes permission to access your Instagram data through the Instagram API. You are responsible for maintaining the confidentiality of any login credentials and access tokens.
- Authorized Use of Data: You may only use BestPostingTimes to retrieve and view your own Instagram data or data for Instagram accounts that you are legally authorized to access (for example, accounts you own or manage). You agree not to use the Service to access or attempt to access any Instagram account or data that you do not have permission to view. Misusing the Service to obtain unauthorized data is strictly prohibited and is grounds for termination.
- Subscription Requirements: Some advanced features of BestPostingTimes (such as the “Pro Plan” or other premium analytics tools) require a paid subscription. If you choose to subscribe to our Pro Plan or other paid features, you must maintain an active and valid subscription to continue accessing those premium features. Using premium features without a valid payment or attempting to circumvent payment is a violation of these Terms.
- Lawful and Acceptable Use: You agree to use BestPostingTimes only for lawful purposes and in accordance with these Terms. You must not use the Service to engage in any activity that violates any laws, regulations, or the rights of others. You also must not interfere with or disrupt the Service’s normal functioning, for example by introducing viruses, attempting to hack or overload the platform, or by reverse-engineering the software.
- Compliance with Instagram Policies: Because BestPostingTimes uses the official Instagram API to gather data, you agree to comply with Instagram’s Terms of Use and policies while using our Service. Any actions on your Instagram account prompted by insights from BestPostingTimes (such as posting content or engaging with users) must still adhere to Instagram’s community guidelines and rules.
By fulfilling these user obligations, you help us maintain a secure and compliant service environment for everyone.
Payment and Subscription Terms
BestPostingTimes offers both free features and premium features available through a paid subscription (“Pro Plan”). The following terms apply to payments and subscriptions:
- Pro Plan and Pricing: Our Pro Plan is a monthly subscription currently priced at $10 USD per month (unless otherwise specified on our website or app). This subscription fee grants you access to premium analytics features and enhanced insights not available on the free tier. All prices are subject to applicable taxes and may be adjusted from time to time with notice in accordance with local law.
- Payment Processing: We use Stripe (a third-party payment processor) to handle subscription payments securely. By subscribing, you agree to pay the monthly fees and you authorize us to charge your provided payment method through Stripe. You must provide current, complete, and accurate billing information. Credit card and other payment data are collected and processed by Stripe; BestPostingTimes does not store your full payment card details on our servers (see our Privacy Policy for more on how payment information is handled).
- Billing Cycle and Auto-Renewal: Subscription fees will be billed in advance on a recurring monthly basis. Your Pro Plan will automatically renew each month on your billing date, and your provided payment method will be charged accordingly, unless you cancel the subscription prior to the next billing date.
- Cancellation: You may cancel your Pro Plan at any time. Cancellation will prevent future billing and will take effect at the end of your current paid-up month. You will continue to have access to Pro features until the current subscription period expires. To cancel, you can follow the instructions in your account settings or contact our support. We recommend canceling at least 24 hours before your next billing date to avoid being charged for the next period.
- Refunds: In general, subscription fees are non-refundable. This means if you cancel in the middle of a billing cycle, you will not receive a refund for the remainder of that period; you will retain access to Pro features until the period ends. Exceptions may be made if required by law or at our discretion in cases of service error or other extraordinary circumstances.
- Failed Payments: If a subscription payment fails (for example, due to an expired or declined card), we will notify you and may attempt to re-charge the payment method. If payment remains uncollected, we may suspend or downgrade your account to the free features until payment is resolved. It is your responsibility to ensure your payment information is up-to-date to maintain uninterrupted access to premium features.
By subscribing to the Pro Plan, you agree to these payment terms. All fees charged are for the use of BestPostingTimes’s premium services. We reserve the right to change our pricing or introduce new charges with advance notice to you (e.g., by email or via the Service), and any such changes will apply to subsequent billing cycles unless you cancel before the changes take effect.
Intellectual Property Rights
All intellectual property and content provided through BestPostingTimes, excluding your own Instagram content and data, are the property of BestPostingTimes and/or its licensors. This section clarifies the ownership and usage rights for both you and BestPostingTimes:
- Your Instagram Content and Data: BestPostingTimes does not claim ownership of your Instagram content, posts, or any data that originates from your Instagram account. You retain all rights that you have under Instagram’s terms for the content and data you create or own. By using BestPostingTimes, you grant us a permission (a limited, worldwide, revocable license) to access, retrieve, and process your Instagram data solely for the purpose of providing the analytics and insights back to you through our Service. We will not use your personal Instagram content for any other purpose without your consent.
- Analytics and Reports: The analytical results, reports, and recommendations provided to you by BestPostingTimes are based on your Instagram data combined with our algorithms and presentation. You are allowed to use and download these analytics for your personal use (for example, to guide your social media strategy or to report on your performance). However, the structure, organization, and methodology of the analytics are part of BestPostingTimes’s intellectual property. This means while you own your underlying data, BestPostingTimes retains ownership of any proprietary algorithms, software, or templates used to generate and display the analytics. You may not copy, distribute, or make commercial use of our analytics layouts or graphics outside of the intended use without our permission.
- BestPostingTimes Platform Content: All content on the BestPostingTimes website or application (other than your data), including but not limited to text, software code, design elements, logos, graphics, and compilations of data, is owned by BestPostingTimes or our licensors and is protected by intellectual property laws. “BestPostingTimes” is our trademark/brand name, as are our logos and any specific product names we use. You are not granted any license or rights to use these trademarks or content for any purpose not expressly stated in these Terms. You agree not to reproduce, duplicate, modify, distribute, or create derivative works based on any portion of the Service or its content without our prior written consent.
- Feedback: If you choose to provide feedback, suggestions, or ideas regarding BestPostingTimes (for example, improvement ideas or bug reports), you agree that we are free to use such feedback without any restriction or compensation to you. Any feedback you submit is entirely voluntary, and we may use it to improve our Service.
Note: Instagram™ and its logos are trademarks of Meta Platforms, Inc. BestPostingTimes is an independent service not affiliated with or endorsed by Instagram or Meta. We use Instagram’s API in accordance with their policies to fetch data you authorize, but BestPostingTimes is not an official Instagram product. All third-party trademarks (like Instagram, Google, Stripe) remain the property of their respective owners, and their mention in these Terms is for reference purposes only.
Termination of Account or Service
Both you and BestPostingTimes have the right to terminate or suspend your use of the Service under certain circumstances:
- By You (Cancellation): You may stop using BestPostingTimes at any time. If you have a registered account, you may terminate your account by following the account deletion process (if available in-app) or by contacting us to request account deletion. Terminating your account will halt your ability to log in and will result in removal of your personal data from our active systems as described in our Privacy Policy (subject to data retention obligations). If you are a subscriber and you terminate your account or cancel your subscription, the cancellation terms above will apply regarding your access until the end of the billing period.
- By BestPostingTimes (Suspension or Termination): We reserve the right to suspend or terminate your access to BestPostingTimes (or specific features of the Service) at our discretion for reasons including, but not limited to:
- Violation of these Terms of Use or any other policies referenced herein.
- Unauthorized or unlawful use of the Service, or use that may harm our systems or other users (for example, attempting to access others’ data, using bots/scrapers against our service, or engaging in fraudulent activities).
- Failure to pay subscription fees or resolve failed payments after due notice.
- If required by law or by request of law enforcement.
- If Instagram revokes or limits our API access in a way that specifically relates to misuse by your account.
- Effect of Termination: Upon termination of your account, whether initiated by you or by us, your right to access and use BestPostingTimes ceases immediately. If your account is terminated or suspended, you must cease all use of the Service. We may disable your account and delete your data (as permitted by law and as detailed in the Privacy Policy). If termination was due to a violation of Terms, we reserve the right to refuse re-registration or future use of the Service by you.
- No Liability for Termination: BestPostingTimes shall not be liable to you or any third-party for termination of your account or access to the Service in accordance with these Terms. Any termination is without prejudice to any rights or remedies that have accrued to either party prior to termination.
Disclaimers and Limitation of Liability
- Use at Your Own Risk: BestPostingTimes is provided on an “as is” and “as available” basis. While we strive to provide accurate analytics and a reliable service, we do not guarantee that the Service will be error-free, uninterrupted, or that it will meet all of your expectations. The insights and recommendations provided are for informational purposes and are not guaranteed to improve your Instagram performance. You acknowledge that obtaining specific results (such as increased followers or engagement) depends on many factors outside our control.
- No Warranty: To the fullest extent permitted by law, BestPostingTimes and its owners, developers, and affiliates disclaim all warranties of any kind, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty that the Service’s analytics or data will be accurate, up-to-date with every change on Instagram, or suitable for your particular needs. We also cannot guarantee that the Service is free from viruses or other harmful components, though we take security precautions.
- Third-Party Services: BestPostingTimes relies on third-party services such as Instagram (for data), Supabase (for data storage and authentication), Stripe (for payments), and Google (for optional sign-in). We do not have control over these third-party services and therefore do not warrant their performance. Your use of Instagram through our Service is subject to Instagram’s availability and functioning. BestPostingTimes is not responsible if changes by Instagram or outages affect our ability to retrieve your data. Likewise, we are not liable for issues attributable to Stripe’s payment systems or Google’s sign-in functionality. However, we will make reasonable efforts to assist you in resolving known issues within our control.
- Limitation of Liability: To the maximum extent allowed by applicable law, in no event shall BestPostingTimes or its founders, employees, partners, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of or inability to use the Service. This includes any loss of profits, loss of data, business interruption, damage to reputation, or procurement of substitute services, even if we have been advised of the possibility of such damages. BestPostingTimes’s total cumulative liability for any claims arising from or related to the Service shall not exceed the amount (if any) that you paid to us for the Service in the twelve (12) months immediately preceding the event giving rise to the liability. If you have not paid any amount (for example, using the free features only), our liability will be zero to the extent permitted by law.
- Exceptions: Nothing in these Terms of Use is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Because some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain types of damages, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, BestPostingTimes’s liability will be limited to the greatest extent permitted by law.
- Indemnification: (Optional, but commonly included) You agree to indemnify and hold harmless BestPostingTimes and its affiliates, and their respective officers and employees, from and against any losses, damages, liabilities, claims, or expenses (including legal fees) arising out of your use of the Service, your violation of these Terms, or your infringement of any third-party rights (such as Instagram’s terms or another user’s rights).
- You understand and agree that the limitations of liability and disclaimers in this section are a fundamental part of this agreement and that BestPostingTimes would not be provided to you without such disclaimers and limitations.
Governing Law and Disputes
These Terms of Use and any dispute or claim arising out of or in connection with the Service are governed by the laws of Poland, without regard to its conflict of law principles. By using BestPostingTimes, you agree that any disputes arising from or relating to your use of the Service or these Terms will be subject to the exclusive jurisdiction of the courts of Poland. We and you both consent to the personal jurisdiction of such courts. If you are a consumer residing in the European Union, you may have the right to bring proceedings in your local jurisdiction under certain consumer protection laws; nothing in this section overrides any rights you have under mandatory law. However, to the extent permitted, you agree first to try to resolve any issue with us informally by contacting us.
Miscellaneous
- Changes to Terms: BestPostingTimes may update or modify these Terms of Use from time to time. If we make material changes, we will notify users via email or through the Service (e.g., a prominent announcement or a notification upon login). Updated Terms will be effective as of the date posted. By continuing to use the Service after any changes become effective, you agree to the revised Terms. If you do not agree to the changes, you must stop using BestPostingTimes and, if applicable, cancel your subscription.
- Severability: If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be severed, and the remaining provisions will remain in full effect.
- Entire Agreement: These Terms (along with our Privacy Policy and Cookie Policy) constitute the entire agreement between you and BestPostingTimes regarding the Service and supersede any prior agreements or understandings, whether written or oral, relating to the Service.
- No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of BestPostingTimes.
- Contact Information: If you have any questions about these Terms of Use, you can contact us at BestPostingTimes@gmail.com (or an appropriate contact method provided on our website). We will be happy to clarify any provisions and address your concerns.
By using BestPostingTimes, you acknowledge that you have read, understood, and agree to these Terms of Use. If you do not agree with these Terms, please do not use the Service.