Terms of Service

Last updated: December 2, 2024

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and SocialPort API ("Company," "we," "us," or "our") concerning your access to and use of the socialport.app website and API service (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Service Description

SocialPort API provides a simplified REST API that allows developers to access their Instagram posts without directly managing Instagram's Graph API complexities. Our Service includes:

  • Instagram OAuth integration and connection management
  • Automatic Instagram access token refresh
  • Simple REST API endpoints for accessing Instagram posts
  • API key management and security
  • Dashboard for monitoring connection status
3. Eligibility

To use the Service, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into binding contracts
  • Have a valid Instagram account
  • Not be prohibited from using the Service under applicable laws
  • Comply with Instagram's Terms of Service and Platform Policies
4. Account Registration and Security

4.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your information to keep it accurate and current.

4.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized access or security breach
  • Securing your API keys and preventing unauthorized use

4.3 Account Termination

We reserve the right to suspend or terminate your account at our discretion if you violate these Terms or engage in fraudulent, abusive, or illegal activities.

5. Subscription and Payment

5.1 Subscription Plans

The Service is offered on a subscription basis at €3 per month. We may offer a free trial period at our discretion.

5.2 Payment Processing

Payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for the subscription fees.

5.3 Billing

  • Subscriptions automatically renew monthly unless cancelled
  • Payment is charged at the beginning of each billing period
  • All fees are non-refundable except as required by law
  • We reserve the right to change pricing with 30 days' notice

5.4 Cancellation

You may cancel your subscription at any time from your dashboard. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.

5.5 Free Trial

If we offer a free trial, you may cancel before the trial ends to avoid charges. If you don't cancel, you'll be charged for the subscription at the end of the trial period.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

6.2 Prohibited Activities

You agree NOT to:

  • Violate any applicable laws or regulations
  • Infringe upon the rights of others
  • Attempt to gain unauthorized access to the Service or other users' accounts
  • Transmit malware, viruses, or malicious code
  • Engage in any activity that disrupts or interferes with the Service
  • Use the Service to send spam or unsolicited communications
  • Scrape, crawl, or harvest data from the Service using automated means
  • Reverse engineer, decompile, or disassemble the Service
  • Resell or redistribute the Service without authorization
  • Share or distribute your API keys to unauthorized third parties
  • Violate Instagram's Terms of Service or Platform Policies
  • Access Instagram data beyond what you're authorized to access
7. Instagram Integration

7.1 Instagram Authorization

By connecting your Instagram account, you authorize us to access your Instagram data as permitted by Instagram's API. You must comply with Instagram's Terms of Service and Platform Policies.

7.2 Token Management

We automatically refresh your Instagram access tokens to maintain service continuity. You can disconnect your Instagram account at any time from your dashboard.

7.3 Instagram API Limitations

The Service is subject to Instagram's API rate limits and restrictions. We are not responsible for changes, limitations, or interruptions to Instagram's API.

7.4 Data Accuracy

We provide Instagram data "as-is" from Instagram's API. We do not guarantee the accuracy, completeness, or timeliness of Instagram data.

8. API Usage and Limits

8.1 API Access

Your subscription includes unlimited API requests, subject to fair use. We reserve the right to impose rate limits to prevent abuse.

8.2 API Keys

  • Keep your API keys confidential
  • Use API keys only in secure, server-side environments
  • Rotate keys if compromised
  • Don't share keys with unauthorized parties

8.3 Fair Use

"Fair use" means reasonable usage that doesn't negatively impact other users. Excessive usage may result in temporary rate limiting or account suspension.

9. Intellectual Property Rights

9.1 Our Rights

The Service, including its software, design, content, and trademarks, is owned by us and protected by copyright, trademark, and other intellectual property laws.

9.2 Your Rights

You retain all rights to your Instagram content. By using the Service, you do not grant us any rights to your content beyond what's necessary to provide the Service.

9.3 License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose, subject to these Terms.

10. Service Availability and Modifications

10.1 Service Availability

We strive to maintain 99.9% uptime but do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control.

10.2 Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice. We are not liable for any modifications, suspension, or discontinuation.

10.3 Updates

We may update the Service to improve functionality, fix bugs, or comply with changes to Instagram's API. We'll notify you of significant changes.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR AVAILABILITY
  • SECURITY OR FREEDOM FROM ERRORS

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • LOSS OF PROFITS, REVENUE, DATA, OR USE
  • BUSINESS INTERRUPTION
  • DAMAGES RESULTING FROM INSTAGRAM API CHANGES OR LIMITATIONS
  • UNAUTHORIZED ACCESS TO YOUR DATA OR ACCOUNT

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR €36, WHICHEVER IS GREATER.

13. Indemnification

You agree to indemnify, defend, and hold harmless SocialPort API, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any laws or third-party rights
  • Your Instagram content or account
  • Unauthorized use of your API keys
14. Data and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our Privacy Policy.

15. Termination

15.1 Termination by You

You may terminate your account at any time by canceling your subscription and deleting your account from the dashboard.

15.2 Termination by Us

We may suspend or terminate your account immediately if you:

  • Violate these Terms
  • Engage in fraudulent or illegal activities
  • Fail to pay subscription fees
  • Abuse the Service or harm other users

15.3 Effect of Termination

Upon termination, your access to the Service ceases immediately. We will delete your data in accordance with our Privacy Policy, except where retention is required by law.

16. Dispute Resolution

16.1 Informal Resolution

If you have a dispute, please contact us at support@socialport.app. We'll work in good faith to resolve the issue informally.

16.2 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

16.3 Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration in accordance with the rules of [Arbitration Body], except where prohibited by law.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

17.2 Modifications

We may modify these Terms at any time by posting the updated Terms. Continued use after changes constitutes acceptance. Material changes will be notified via email.

17.3 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full effect.

17.4 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

17.5 Assignment

You may not assign these Terms without our consent. We may assign these Terms without restriction.

17.6 No Agency

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and us.

18. Contact Information

If you have questions about these Terms, please contact us at:

Email: legal@socialport.app

Support: support@socialport.app