Last Updated: April 23, 2025
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE CHATINGO SERVICE. BY ACCESSING OR USING CHATINGO, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Welcome to Chatingo ("we," "our," or "us"). These Terms and Conditions ("Terms") govern your access to and use of the Chatingo application, website, and services (collectively, the "Service"). Chatingo is an Instagram automation tool designed to help users manage and optimize their Instagram presence.
By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Service.
We reserve the right to modify these Terms at any time. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.
Throughout these Terms, the following definitions apply:
To use the Service, you must:
If you are using the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" will refer to that entity.
To access certain features of the Service, you must register for an account. When registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to:
We reserve the right to disable any user account at any time, including if you have failed to comply with any provision of these Terms.
Chatingo is an Instagram automation tool that offers various features to help users manage their Instagram accounts, including but not limited to:
The specific features available to you depend on your subscription plan. We reserve the right to modify, suspend, or discontinue any part of the Service at any time without notice.
The Service is designed to operate within Instagram's terms of service and API limitations. However, Instagram may change its policies, features, or API at any time, which may affect the functionality of our Service. We do not guarantee that the Service will always be available, uninterrupted, or fully compatible with Instagram's platform.
The Service may integrate with third-party services. Your use of such integrations is subject to the terms and privacy policies of those third-party services.
Access to certain features of the Service requires a paid subscription. By subscribing to the Service, you agree to the following terms:
We offer various subscription plans with different features and pricing. The current subscription plans and their features are available on our website. We reserve the right to modify subscription plans and pricing at any time.
You agree to pay all fees associated with your subscription plan. All payments are non-refundable except as expressly stated in these Terms or as required by applicable law.
Payment must be made using a valid payment method. You authorize us to charge your designated payment method for all fees associated with your subscription. If your payment method fails or your account is past due, we may suspend or terminate your access to the Service.
Subscriptions are offered on a monthly or annual basis. Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for another period, and you authorize us to charge your payment method for the renewal term.
You may cancel your subscription at any time through your account settings or by contacting our customer support. If you cancel, you may continue to use the Service until the end of your current billing period, but you will not receive a refund for any fees already paid.
We may offer free trials of the Service. After the trial period ends, your account will automatically be charged for the subscription unless you cancel before the end of the trial period.
When using our Service, you agree not to:
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including removing the offending content, suspending or terminating the accounts of violators, and reporting violations to law enforcement authorities.
The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Chatingo and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
By using the Service and submitting Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and our business operations, including for promoting and redistributing part or all of the Service.
You represent and warrant that:
We respect the intellectual property rights of others and expect users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. We also reserve the right to terminate a user's access to the Service if they are determined to be a repeat infringer.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.
To use certain features of the Service, you must authorize Chatingo to access your Instagram account through Instagram's API. By doing so, you acknowledge and agree that:
We implement reasonable security measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
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, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
YOU UNDERSTAND AND AGREE THAT:
The Service may contain links to third-party websites or services that are not owned or controlled by Chatingo. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHATINGO, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
WITHOUT LIMITING THE FOREGOING, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE 12-MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
You agree to defend, indemnify, and hold harmless Chatingo, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You may terminate your account and discontinue using the Service at any time by following the instructions in your account settings or by contacting our customer support.
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.
We also reserve the right to terminate or modify the Service at any time, without notice. We will not be liable to you or any third party for any modification, suspension, or termination of the Service.
Upon termination:
If your account is terminated due to your breach of these Terms, you will not receive a refund for any subscription fees already paid.
These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of [STATE], without giving effect to any choice or conflict of law provision or rule.
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be resolved as follows:
Before filing a claim, you agree to attempt to resolve the dispute informally by contacting us at [SUPPORT EMAIL]. We will attempt to resolve the dispute informally by contacting you via email. If the dispute is not resolved within 30 days of submission, either party may proceed with the arbitration process described below.
Any dispute that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration will be conducted in [CITY, STATE], unless you and we both agree to conduct the arbitration by telephone or written submissions. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
YOU AND CHATINGO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Chatingo agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights pending the completion of arbitration.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and us regarding the Service.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and us.
We will not be liable for any failure or delay in performance of our obligations under these Terms arising out of or caused, directly or indirectly, by circumstances beyond our reasonable control, including, without limitation, acts of God, earthquakes, fires, floods, wars, civil or military disturbances, sabotage, epidemics, pandemics, riots, interruptions, loss or malfunctions of utilities, computer (hardware or software) or communications services, accidents, labor disputes, or acts of civil or military authority.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under the law. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the intention underlying the invalid or unenforceable provision.
The section headings in these Terms are for convenience only and have no legal or contractual effect.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at: