Overthink Studio (hereinafter referred to as "Overthink," or "we," or "us," or "our") provides its
services (described below) to you through its website located at (overthink.studio) ("Site") and
related services (collectively, such services, including any new features and applications, and
the Site, (the "Service(s)"), subject to the following Terms of Service (as amended from time to
time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify
portions of these Terms of Service at any time without further notice. You should periodically
visit this page to review the current Terms of Service so you are aware of any revision to which
you are bound. If you do not agree to abide by these or any future Terms of Service, do not use or
access (or continue to use or access) the Service. It is your responsibility to regularly check the
Site to determine if there have been changes to these Terms of Service and to review such changes.
In addition, when using certain services, you shall be subject to any additional terms applicable
to such services that may be posted on the Service from time to time, including, without limitation,
reference into these Terms of Service
Violation of any of the terms below will result in the termination of your Account. While
Overthink prohibits such conduct and content on the Service, you understand and agree that
Overthink cannot be responsible for the content posted on the Service and you nonetheless
may be exposed to such materials. You agree to use the Service at your own risk.
1. The Service
Overthink provides an analytics and reporting solution that helps people collect and analyze
data on various social media and online marketing platforms.
- You must be 18 years or older to use this Service. Overthink is not responsible for any
misrepresentation of age. By using this platform, you certify and guarantee that all data
provided by you, the user, is truthful and correct.
- You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. Account Registration and Use Restrictions
- One account is only allowed to subscribe to one plan at any given time.
- You must provide any required information requested in order to complete the sign up process.
- You are responsible for maintaining the security of your account and password. Overthink will not
be liable for any loss or damage from your failure to comply with this security obligation. You
agree to notify Overthink, via written notice, immediately of any unauthorized use of your
password or account or any other breach of security. You are responsible for ensuring that you
"log out" and exit from your account at the end of each session when accessing the Service.
- You are responsible for all activity that occurs under your account (even when content is posted
by others who have accounts under your account).
- If you are using a Free Trial you are not permitted to block ads.
- You may not use the Service for any illegal or unauthorized purpose.
You must not, in the use of the Service, violate any laws in your jurisdiction
(including, but not limited to, copyright laws).
- You may not use the Service to track or analyze hashtags which are, in Overthink's
sole discretion, considered unlawful, harmful, threatening, abusive, harassing, tortious,
excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's
privacy, hateful, racially biased, ethnically biased, sexually biased, or otherwise objectionable,
in our sole discretion.
4. Fees and Payment
- A valid credit card is required for Subscription (paid) Plans. The Free Trial does not require you
to provide a credit card number. You will promptly update your information with any changes
(for example, a change in your billing address or credit card expiration date) that may occur.
- When you purchase any Paid services, you authorize Overthink, or its third party payment processors,
to charge the credit card identified by you (which you represent and warrant that you are authorized to use)
all applicable fees for your purchase in USD, and you agree that Overthink, or its third party payment
processors, can store your credit card information.
- At the beginning of each billing cycle, Overthink will attempt to charge the applicable fee to the credit
card on record for a period of three consecutive days until successful. (If after the third attempt
we are unable to process the credit card, the Subscription service will be disabled until payment
has been received).
- All sales are final and Overthink will not issue refunds or prorate, including for prepaid fees.
- (For plans purchased with a monthly billing cycle, your effective monthly billing date is the day
of the month you initially register and pay for an Overthink account. You will be billed monthly
on that same day of the month for the amount indicated by your level of service.)
- (For plans purchased with a yearly billing cycle, your effective yearly billing date is the
day of the year you initially register and pay for an Overthink account. You will be billed
yearly on that same day of the year for the amount indicated by your level of service.)
- You are entitled to features and limits according to the plan that you have purchase as described
in your dashboard
- f you decide not to renew your subscription, please contact us via our support email at ([email protected])
- All fees charged by Overthink are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you
shall be responsible for payment of all such taxes, levies, or duties.
- Overthink reserves the right to charge for any portion of the Service and to change its fees from time to time
in its sole discretion. (If Overthink revises its prices, we will provide notice of the change on the Site
and/or in email to you, at Overthink's option, at least thirty (30) days before the change is to take effect.
Your continued use of the Service after the price change becomes effective constitutes your agreement to
pay the changed amount.)
5. Data and Account Levels
- Your data will be saved by the Overthink service as long as you maintain a Subscription (paid) account.
- Downgrading your Service may cause other loss of content, features, or capacity of your account.
Overthink does not accept any liability for such loss.
- Upgrade Plan the active period of your current plan will automatically expire once you chose
to upgrade to your desired plan. Kindly note that the subscription fee of the previous plan
is non-refundable or pro-rated.
- Downgrade Plan
- Monthly plan: You can downgrade anytime at the end of your cycle
- Yearly Plan: Yearly plan is a 12 months commitment plan. You can
request to downgrade your plan at the end of your plan cycle. Kindly note that the subscription fee of
the current plan is non-refundable or prorated.
6. Changing your Plan
- You may change your plan from one tier/type to another tier/type. Should you desire to do so your
current plan will not carry over and immediately expire and your new chosen Plan and the
corresponding billing cycle will commence.
7. Cancellation and Termination
- You are solely responsible for properly closing your account. If you decide not to renew
your subscription, please unsubscribe by accessing your personal settings page and proceed to terminate your plan.
- (Cancellation will take approximately 24 - 48 hours, therefore please allow a minimum of 3 (three) working days
before your next recurring billing date when submitting your initial account closing request. Failure to do so
might cause the automatic charge to occur and keep your account active for one more billing cycle.) You will
receive the termination email once the process is done.
- (Please allow a minimum of 3 (three) working days before your next recurring billing date when submitting
your initial account closing request. Failure to do this will keep your account active for the next billing cycle.)
- Overthink, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current
or future use of the Service, or any other Overthink service, for any reason at any time.
- Such termination of the Service will result in the deactivation or deletion of your account or your access to
your account, and the forfeiture and relinquishment of all content in your account. Overthink reserves the
right to refuse service to anyone for any reason at any time.
- Payments are made for the upcoming billing cycle. Overthink does not provide refunds for accounts
that are cancelled prior to the end of a billing cycle.
8. General Condition
- Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
- Overthink shall not be liable to you or to any third party for any modification, price change, suspension or
discontinuance of the Service.
- Technical support is only provided to account holders and is only available via the Support section of the Site,
(along with the customer service email [email protected])
- You understand that Overthink uses third party vendors and hosting partners to provide the necessary hardware,
software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely
imply that it is associated with the Service, Overthink, or any other Overthink service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service,
use of the Service, or access to the Service without the express written consent of Overthink.
- You understand that the technical processing and transmission of the Service, including your content,
may be transferred, unencrypted and involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not transmit any worms, viruses or any code of a disruptive or destructive nature.
- (Instagram and Facebook) makes changes to its algorithms once in a while, and so Overthink Studio
needs to make readjustments to generate analytics and insights for you. Occasional downtimes from
Instagram's and Facebook's algorithm adjustments may cause discrepancy in social insights analyzed,
which Overthink may need to recalibrate on as needed basis.
- You understand, acknowledge and agree that throughout the use of an Overthink paid subscription
plan, loading times with regards to reports and information displayed related to queries and searches may vary.
- Our Customer Service hours are from (Monday to Friday), subject to public holidays and/or working days in Toronto.
- You understand, acknowledge and agree that other services and vendors that are connected to the Overthink platform
in order to conduct our services may from time to time, experience unforeseen issues that may affect the performance
of the Overthink (platform/service). Overthink and its affiliates, employees and other associated parties may not
be held liable for such performance issues, including but not limited to Payment for the Overthink platform/service
- The Overthink name and logo are trademarks and service marks of Overthink Studio (collectively the "Overthink
Studio Trademarks"). Other company, product, and service names and logos used and displayed via the Service
may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with
or connected to Overthink. Nothing in these Terms of Service or the Service should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use any of Overthink Trademarks displayed on
the Service, without our prior written permission in each instance. All goodwill generated from the use of
Overthink Trademarks will inure to our exclusive benefit.
1. Disclaimer of Warranties
YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND
YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE
ON AND THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OVERTHINK AND ITS SUPPLIERS AND
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
OVERTHINK DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING
OVERTHINK THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES
AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
2. Limitation of Liability
NEITHER OVERTHINK NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR
OTHER INTANGIBLE LOSSES (EVEN IF OVERTHINK OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY
OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE,
THE SERVICE OR ANY CONTENT.
3. Choice of Law; Dispute Resolution
All matters relating to your access to and use of the Site, including purchases made on the Site, are governed in
all respects by the laws of Toronto as such laws are applied to agreements entered into and to be performed
entirely within Toronto between Toronto residents. You agree that any action at law or in equity arising out
of or relating to these Terms or arising out of your use of this Site will be resolved, individually, through
binding arbitration in Toronto and the resulting decisions may be entered in any court with proper jurisdiction.
This means that if you have a grievance with us, you cannot take us to court, and you may not join your action
with any other party.
You can only address such grievances through arbitration and you are hereby consenting to do it in Toronto,
using Canadian law (without regard to Canadian rules on conflict of laws). To the fullest extent allowed by
law, any such controversy or claim must be arbitrated on an individual basis, and will not be consolidated
in any arbitration with any claim or controversy of any other party. Notwithstanding the foregoing, either
party may seek any interim or preliminary relief from a court of competent jurisdiction in Indonesia as
necessary to protect the party's rights or property pending the completion of arbitration. By using this
Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located
If any portion of these Terms is deemed unenforceable, that portion will be enforced to the maximum extent
possible so as to effect the intent of the parties as reflected by that provision, and the remaining
portions of these Terms will be given full effect. Overthink's failure to act in a particular circumstance,
including any failure by Us to enforce or exercise any provision of these Terms, does not waive the ability
to act with respect to that circumstance or similar circumstances in the future. Overthink will be excused
for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable
control. No agency, partnership, joint venture, employment or franchise relationship is intended or created
by these Terms. Overthink may assign its rights and obligations under these Terms to an entity that acquires
all or substantially all of the assets of Overthink or to any subsidiary or successor in a merger or acquisition
the entire agreement between Overthink and you with respect to your access to or use of the Site, superseding
any prior agreements between you and Overthink with respect to your access to or use of the Site (including
any prior versions of these Terms).
Questions about the Terms of Service should be sent to ([email protected]) | Last Updated:12/10/2021