Terms of Service

Last Updated: 3rd January 2025

These Terms of Service (“Terms”) govern your use of the FanPath Chrome Extension and related services (the “Service”) provided by MottleBot Pty Ltd (ACN 667 211 734) (“we,” “us,” or “our”). By installing, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you must not install or use the Service.

1. Acceptance of Terms

By using FanPath, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind them to these Terms.

2. Description of the Service

FanPath is a Chrome Extension that offers various Instagram analytics features, including but not limited to:

• Posting frequency visualization
• Engagement metrics (likes, comments, views)
• Identification of “top fans”
• Optional premium reports on “Who They Follow”

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without notice or liability.

3. Disclaimer of Liability Regarding Instagram

You acknowledge and agree that:

1. Use at Your Own Risk: FanPath interacts with your Instagram account and may, in some cases, be considered by Instagram to violate their Terms of Use or other policies. You understand there is a risk that Instagram might suspend, restrict, or otherwise limit your account if they take a negative view of third-party tools like FanPath.
2. No Guarantees: We make no representations, warranties, or guarantees regarding Instagram’s policies, enforcement actions, or how they may treat your use of FanPath in the future.
3. No Liability: MottleBot Pty Ltd (ACN 667 211 734) disclaims all liability for any actions Instagram might take against your account, including (but not limited to) suspension or termination of your Instagram account.

4. User Responsibilities

• Compliance: You are responsible for using FanPath in compliance with Instagram’s Terms of Use, as well as all applicable laws and regulations in your jurisdiction.
• Data & Security: FanPath does not store or transmit your Instagram passwords or cookies. However, it uses your existing browser session to make requests to Instagram. You are responsible for ensuring the security of your device and login credentials.
• Respecting Others: You agree not to use the Service to harass, abuse, or violate the privacy of others, or for any illegal or unauthorized purpose.

5. Intellectual Property

• Ownership: All content, trademarks, service marks, and logos within the Service are the property of MottleBot Pty Ltd (ACN 667 211 734) or are licensed to us.
• License to Use: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use FanPath. We reserve all rights not expressly granted.

6. Warranties & Disclaimers

• “As Is” and “As Available”: The Service is provided on an “as is” and “as available” basis. We make no warranties or representations of any kind, whether express or implied, regarding the Service’s operation, reliability, or suitability for your specific purposes.
• No Warranty of Accuracy: We do not guarantee the accuracy or completeness of data provided by FanPath, which may rely on third-party sources (such as Instagram’s publicly available data).
• No Liability for Damages: To the fullest extent permitted by law, MottleBot Pty Ltd (ACN 667 211 734) and its officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, punitive, or consequential damages, whether in contract, tort, or otherwise, arising from your use or inability to use the Service.

7. Indemnification

You agree to indemnify and hold MottleBot Pty Ltd (ACN 667 211 734) and its affiliates, officers, directors, employees, and agents harmless from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of or in connection with:

1. Your use of FanPath,
2. Your violation of these Terms,
3. Any breach of applicable law or regulation,
4. Any action taken by Instagram or any other third party against you as a result of your use of FanPath.

8. Termination

We may suspend or terminate your access to the Service at any time, without prior notice or liability, if you breach these Terms or if we decide to discontinue the Service. On termination, all rights granted to you under these Terms will cease immediately.

9. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the jurisdiction where MottleBot Pty Ltd (ACN 667 211 734) is established, without regard to conflict of law principles. Any dispute arising out of or related to these Terms shall be subject to the exclusive jurisdiction of the competent courts in that jurisdiction.

10. Changes to These Terms

We reserve the right to update or modify these Terms at any time. If we make material changes, we will notify you by revising the “Last Updated” date at the top of this document or through other appropriate means. Your continued use of FanPath following the posting of changes constitutes your acceptance of those changes.

11. Contact Us

If you have any questions about these Terms, please contact us using the email link in the footer.

Thank you for using FanPath! By continuing, you acknowledge that you have read and agreed to these Terms of Service, including the disclaimers regarding potential risks associated with using Instagram’s platform.