Terms of Service

1. Agreement

These Terms of Service (“Terms”) are a binding agreement between you and Instinction (“Instinction,” “we,” “us,” or “our”). By creating an account, purchasing a membership, or using instinction.com and its related tools (the “Service”), you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

2. Eligibility and accounts

You must be at least 18 years old, or the age of legal majority where you live, to purchase a membership. A person at least 13 may use a free account only with permission and supervision from a parent or legal guardian where required. You must provide accurate information, keep credentials confidential, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account.

3. The Service

Instinction analyzes public YouTube information and user-provided inputs to produce reports, comparisons, calculations, recommendations, draft language, and creator-planning tools. Features, limits, data availability, and plan entitlements may vary. YouTube or other providers may delay, restrict, change, or remove information. Instinction is not affiliated with or endorsed by YouTube or Google.

4. Subscriptions, renewal, and cancellation

Paid plans are billed in advance at the price and interval shown before checkout. Unless disclosed otherwise, a subscription automatically renews at the same interval until canceled. Stripe processes payments. By starting a subscription, you authorize recurring charges to your selected payment method.

You may cancel through the Stripe billing portal available from your Instinction account. Cancellation stops future renewals and ordinarily leaves paid access active through the end of the current billing period. Except where law requires otherwise or we expressly state otherwise, fees already charged are nonrefundable and we do not provide prorated refunds for unused time. We may change future pricing or plan features after giving notice required by law; changes do not retroactively alter a completed billing period.

5. Trials, discounts, and referrals

Trials, promotion codes, sale prices, and referral benefits are subject to their displayed terms, eligibility limits, dates, and availability. They may not be combined unless expressly allowed. Referral rewards have no cash value, are not transferable, and may be withheld or reversed for refunds, chargebacks, self-referrals, duplicate or fraudulent accounts, manipulation, or other abuse. A “month free” benefit may be delivered as a subscription credit up to the applicable Creator monthly price.

6. Acceptable use

You may not misuse the Service, attempt unauthorized access, evade plan or scan limits, scrape or resell the Service, interfere with its operation, upload malware, use another person’s credentials, violate law or third-party rights, or use reports to harass, impersonate, or misrepresent another creator. You may analyze public channels, but you remain responsible for how you use public information and for complying with YouTube’s terms and applicable law.

7. Your content

You retain rights in channel URLs, goals, draft titles, descriptions, support messages, and other content you submit. You grant Instinction a limited, nonexclusive license to host, process, reproduce, and display that content only as needed to provide, secure, support, and improve the Service. You represent that you have the necessary rights to submit the content.

8. Instinction property

The Service, branding, software, interfaces, original reports, and related materials are owned by Instinction or its licensors and protected by law. Subject to these Terms, we grant you a limited, revocable, nontransferable right to use the Service for your own lawful creator or business purposes. These Terms do not grant rights to YouTube content owned by third parties.

9. Feedback and featured channels

If you provide product feedback, you permit us to use it without restriction or compensation. Publicly featured channels remain owned and operated by their respective owners. A feature is editorial and does not imply sponsorship, endorsement, or a partnership unless expressly stated.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” TO THE MAXIMUM EXTENT PERMITTED BY LAW. INSTINCTION DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT DATA OR RECOMMENDATIONS WILL BE COMPLETE, CURRENT, ERROR-FREE, OR AVAILABLE WITHOUT INTERRUPTION. PUBLIC METRICS, ESTIMATED ENGAGEMENT, SHORTS CLASSIFICATION, REVENUE CALCULATIONS, AND GROWTH RECOMMENDATIONS MAY BE INCOMPLETE OR DIFFER FROM YOUTUBE STUDIO.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSTINCTION WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES. INSTINCTION’S TOTAL LIABILITY ARISING FROM THE SERVICE WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID INSTINCTION DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. Some jurisdictions do not allow certain limitations, so portions of this section may not apply to you.

12. Indemnification

To the extent permitted by law, you agree to defend, indemnify, and hold harmless Instinction from claims, losses, and expenses arising from your submitted content, misuse of the Service, violation of these Terms, or violation of another person’s rights.

13. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access for nonpayment, security threats, misuse, legal risk, or material violation of these Terms. Provisions that by their nature should survive termination—including ownership, disclaimers, liability limits, and dispute terms—will survive.

14. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Subject to any consumer rights that cannot legally be waived, exclusive jurisdiction and venue for disputes will lie in the state or federal courts located in Florida. Before filing a claim, each party agrees to make a good-faith effort for 30 days to resolve it by written notice. Nothing here prevents either party from seeking emergency injunctive relief.

15. Changes

We may update these Terms as the Service or law changes. We will post the revised Terms with a new effective date and provide additional notice where required. Continued use after the effective date constitutes acceptance, except where affirmative consent is legally required.

16. Contact

Questions about these Terms may be submitted through the contact form or sent to support@instinction.com.