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Terms and Conditions

By accessing the website at instamatico.io, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

ARBITRATION NOTICE

EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Instamatico WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

LIMITATIONS

In no event shall Instamatico or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Instamatico’ website, even if Instamatico or a Instamatico authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

ACCURACY OF MATERIALS

The materials appearing on Instamatico’ website could include technical, typographical, or photographic errors. Instamatico does not warrant that any of the materials on its website are accurate, complete or current. Instamatico may make changes to the materials contained on its website at any time without notice. However Instamatico does not make any commitment to update the materials.

LINKS

Instamatico has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Instamatico of the site. Use of any such linked website is at the user’s own risk.

MODIFICATIONS

Instamatico may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

GOVERNING LAW

These terms and conditions are governed by and construed in accordance with the laws of Berlin and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

GENERAL DESCRIPTION
Instamatico is a service provided by agents that help individuals, groups and companies grow their Instagram accounts.

I. BASIC TERMS
Instamatico is not affiliated with Facebook, Instagram, Twitter, or any social media site or service except as a user or advertiser or Facebook, Twitter Instagram third-party partners or other social media services or providers.
You agree that it is your sole responsibility to comply with all Instagram, Facebook, Twitter or other social media sites rules and all laws, rules, and regulations that apply to you concerning sites that are receiving services from Instamatico. This includes but not limited to Copyright, Trademark, Fair Use, Privacy or any other Intellectual Property rights.
Instamatico is not responsible for any or all actions that you take or perform using Instagram, Facebook, Twitter, or other social media. The appropriateness or legal status of any posts to your account is solely your responsibility.
Obtaining or accessing Instamatico services require access to your social media account. We use password managers to keep our user’s passwords encrypted. Any changes or updates to your password(s) will directly affect Instamatico ability to provide service(s), it is your responsibility to inform and update this information with Instamatico.
Audience engagement is not guaranteed. Engaging an audience is based on you content and niche. Instamatico works to bring your content to the attention of your target audiences but cannot guarantee that the target audience will become engaged, follow or otherwise show an interest in your content.
Instamatico does not have any control over who becomes a follower; we offer no protection from spam, fake, inactive or otherwise unwanted followers. It is always your responsibility to take appropriate action to block or otherwise disengage unwanted users from your account.
We reserve the right to modify, suspend or limit any offered service(s) at any time without notice. Instamatico when possible will apply its best efforts to provide reasonable notice to you when such change is or has occurred.
Instamatico may at its sole discretion modify or terminate any and all service(s) when Instamatico becomes aware of a violation by you or your agent in connection to Instamatico, Facebook or other social media sites Terms of Service or a breach of any applicable rule, regulation or law that you are subject to without prior notice to you.

II. GENERAL TERMS
You are solely responsible for your behaviour and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on your social media account(s).
You also represent that all information you provide or provided to Instamatico upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You are responsible for keeping your password secret and secure. Instamatico will use password managers like LastPass or Dashlane to store and secure your password.
You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the social media sites that are service(s) offered by Instamatico , including, without limitation, any person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
You may not use social media sites that are service(s) offered by Instamatico for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of Content posted or supplied by you (defined as any posting by you to your social media accounts), including but not limited to, copyright laws.
You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) via social media sites that are service(s) by Instamatico
Violation of these Terms of Use may, in Instamatico’s sole discretion, result in termination of your Instamatico’s services. You understand and agree that Instamatico cannot and will not be responsible for the Content posted on social media sites that are service(s) offered by Instamatico. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Instamatico we may stop providing all or part of the Service(s) to you.

General Conditions
> We reserve the right to modify or terminate in whole or part Service(s) without notice, at any time, and without liability to you. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
> We reserve the right, in our sole discretion, to change these Terms of Use from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on our website or via e-mail, and that your use of the Service(s) or accessing the Instamatico website after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use and receiving Service(s) from that point forward. These Terms of Use will govern any disputes arising before the effective date of any Updated Terms.
> We reserve the right to refuse access to the Instamatico Service(s) to anyone for any reason at any time.
> You are solely responsible for your interactions with other users of social media whether online or offline. You agree that Instamatico is not responsible or liable for the conduct of any user or member of your target audience.
> Instamatico, has no obligation, to monitor or become involved in disputes between you and other users of social media sites or member of your target audience.
> Instamatico is not responsible for any content posted on any social media site(s) that you have agreed to receive service(s) from Instamatico. Instamatico does not check copyright, trademark or other Intellectual property rights associated with the content you post. You are solely responsible for any content you post on any site in any manner.
> You agree that you are solely responsible for any and all violations of Intellectual Property laws, regulations, or customs and you certify by accepting service(s) from Instamatico that you have the right to use all content posted by you on any social media site that is receiving service(s) from Instamatico.
> You represent and warrant that:
1. You own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use;
2. The posting and use of your Content does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights;
3. You agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on any social media site that is receiving services from Instamatico; and
4. You have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
> Instamatico is notified by an appropriate party or authority as determined by Instamatico at its sole discretion that any or all of your sites repeatedly infringe other people’s intellectual property rights, we may cease and terminate all services to the infringing site(s) without refund of any earned amounts as of the date of termination.

CANCELLING ACCOUNT
To cancel your account you must contact Instamatico before the next payment is due. Valid notifications are via Email at info@instamatico.io, our contact form or Whatsapp. If you cancel your user account or your user account is terminated for violating the terms contained herein all of your user account information may be deleted. You specifically acknowledge that, following such a cancellation request we may retain certain user account information only as required by applicable laws, rules, and regulations. The foregoing paragraph shall not relieve you of owed payments or constitute a waiver of any existing breaches to the terms contained herein. Except when such payment is waived in accordance with Instamatico’s current customer satisfaction guarantee effective at the time of cancelation.

DISCLAIMERS
INSTAMATICO DOES NOT REPRESENT OR WARRANT THAT THEIR SERVICE(S) WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; YOU ACKNOWLEDGE THAT YOUR RECEIPT OF SERVICE(S) IS AT YOUR SOLE RISK. INSTAMATICO DOES NOT WARRANT THAT YOUR USE OR RECEIPT OF ITS SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND Instamatico SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

BY ACCESSING,USING OR RECEIVING INSTAMATICO SERVICE(S) YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS, PROVIDE , CREATE OR USE ANY CONTENT ON THE SITES RECEIVING INSTAMATICO SERVICES.

INSTAMATICO DOES NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

UNDER NO CIRCUMSTANCES WILL INSTAMATICO BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:

THE SERVICE(S);
TARET AUDIENCE REACTION TO YOUR CONTENT;
USER CONTENT;
YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE(S);
ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS;
ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR
ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR
MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF INSTAMATICO HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE(S)). IN NO EVENT WILL Instamatico BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL Instamatico TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED FIVE HUNDRED UNITED STATES DOLLARS ($500.00) OR THE TOTAL BILLING FOR THE PRIOR THIRTY (30) DAYS WHICHEVER IS LESS…

INDEMNIFICATION
You (and also any third party for whom you operate an account or activity on a social media site receiving service(s) agree to defend, indemnify and hold Instamatico harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on any social media site that is receiving services from Instamatico or those operated, maintained or administrated on your behalf):
Your content or your access to or use of any social media site that is receiving services from Instamatico your breach or alleged breach of these Terms of Use;
Your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;
Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
Any misrepresentation made by you. You will cooperate as fully required by Instamatico in the defense of any claim. Instamatico reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Instamatico.

 

ARBITRATION
Except if you opt-out or for disputes relating to:
your intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents);
violations of provisions of the Terms, above (“Excluded Disputes”), you agree that all disputes between you and Instamatico (whether or not such dispute involves a third party) with regard to your relationship with Instamatico including without limitation disputes related to these Terms of Use, your use of the Instamatico Service(s), and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related or business disputes as applicable and you and Instamatico hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Instamatico will participate in a class action or class-wide arbitration for any claims covered by this agreement.
You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Instamatico is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Instamatico or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.
Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.
You may opt out of this agreement to arbitrate. If you do so, neither you nor Instamatico can require the other to participate in an arbitration proceeding. To opt out, you must notify Instamatico via email to info@instamatico.io within 30 days of the date that you first became subject to this arbitration provision.
You must include your name and residence address, the email address you use for your Instamatico account, and a clear statement that you want to opt out of this arbitration agreement.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void.
This arbitration agreement will survive the termination of your relationship with Instamatico.

TIME LIMITATION OF CLAIMS
You agree that any claim you may have arising out of or related to your relationship with Instamatico must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

GOVERNING LAW & VENUE
These terms of service are governed by and will be construed under the laws of the State of Washington, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. Any dispute arising from or relating to the subject matter of these terms shall be settled In Clark County District Court subject to the terms of the included Arbitration Clause.
If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.
Instamatico’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.
No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.
Instamatico reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Instamatico.

ENTIRE AGREEMENT
If you have agreed to obtain Instamatico Service(s) on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Instamatico and governs your access of the Service(s), superseding any prior agreements between you and Instamatico.

ASSIGNMENT AND SEVERABILITY
You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Instamatico. Any purported assignment or delegation by you without the appropriate prior written consent of Instamatico will be null and void.
Instamatico may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.