Thanks for using Inssta’s products and services (“Services”).
These Terms of Use (“Terms”) contain the terms under which Inssta provide their Services to you and describe how the Services may be accessed and used.
You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.
If you will be using the Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
1.1. Legal Compliance. You must use the Services in compliance with, and only as permitted by, applicable law.
1.2. Your Responsibilities. You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services:
(a) You may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
(b) You may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
(c) You may not circumvent or attempt to circumvent any limitations that Inssta imposes on your account (such as by opening up a new account to conduct a survey that we have closed for a Terms violation).
(d) Unless authorized by Inssta in writing, you may not probe, scan, or test the vulnerability of any Inssta system or network.
(e) Unless authorized by Inssta in writing, you may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
(f) Unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so.
(g) You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
(h) You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Inssta will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Inssta.
(i) You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
(j) Unless authorized by Inssta in writing, you may not resell or lease the Services.
(k) If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Inssta has agreed with you otherwise. You may not use the Services in a way that would subject Inssta to those industry-specific regulations without obtaining Inssta’s prior written agreement.
We take your privacy seriously. You can view our full explanation of how we handle your privacy on our dedicated privacy policy page (the “Privacy Policy”).
Inssta IP. Neither these Terms nor your use of the Services grants you ownership in the Services or the content you access through the Services (other than your Content). These Terms do not grant you any right to use Inssta’s trademarks or other brand elements.
4.1. User Content. The Services display content provided by others that is not owned by Inssta. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Inssta is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
4.2. Content Review. You acknowledge that, in order to ensure compliance with legal obligations, Inssta may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Inssta otherwise has no obligation to monitor or review any content submitted to the Services.
4.3. Third Party Resources. Inssta may publish links in its Services to internet websites maintained by third parties. Inssta does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
4.4. You Retain Ownership of Your Content. You retain ownership of all of your intellectual property rights in your Content. Inssta does not claim ownership over any of your Content. These Terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.
4.5. Limited License to Your Content. You grant Inssta a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by Inssta’s privacy policies. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of Inssta’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide Inssta with feedback about the Services, we may use your feedback without any obligation to you.
4.6. Customer Lists. Inssta may identify you (by name and logo) as a Inssta customer on Inssta’s website and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.
5.1. Fees for Services. You agree to pay to Inssta any fees for each Service you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
5.2. Subscriptions. Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
5.3. Taxes. Unless otherwise stated, you are responsible for any taxes (other than Inssta’s income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Inssta for the Services without any reduction for Taxes. If Inssta is obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide Inssta with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. Inssta will not charge you VAT if you provide us with a VAT number issued by a taxing authority in the European Union, are purchasing the Services from Inssta Europe UC for business reasons, and are located in a different European Union member state from Inssta Europe UC. If you are required by law to withhold any Taxes from your payments to Inssta, you must provide Inssta with an official tax receipt or other appropriate documentation to support such payments.
5.4. Price Changes. Inssta may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Inssta will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
5.5. Overage Fees. Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
6.1. By You. You have the right to refuse to subscribe (any other Inssta services are implied) at any time. But at the same time, before the date of your cancellation Inssta keeps your content on its servers, carries out the analysis of such content and performs all possible actions with the purpose of achieving the tasks set by you as an Inssta user. In other words, you fully and unconditionally agree that all the time before your resignation from Inssta provides you with non-returnable intangible services that are consumed at the time of their provision to you and accordingly the cost for the services actually provided to you by Inssta (subscription) can not be returned.
6.2. By Inssta. Inssta may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. Inssta may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. Inssta may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after Inssta has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, Inssta may limit or suspend the Services to you if you fail to comply with these Terms, or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. Inssta may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we limit, suspend, or terminate the Services you receive, we will endeavor to give you advance notice and an opportunity to export a copy of your Content from that Service. However, there may be time sensitive situations where Inssta may decide that we need to take immediate action without notice. Inssta will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Inssta has no obligation to retain your Content upon termination of the applicable Service.
6.3. Further Measures. If Inssta stops providing the Services to you because you repeatedly or egregiously breach these Terms, Inssta may take measures to prevent the further use of the Services by you, including blocking your IP address.
7.1. Changes to Terms. Inssta may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Inssta website. If an amendment is material, as determined in Inssta’s sole discretion, Inssta will notify you by email. Notice of amendments may also be posted to Inssta’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Inssta to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.
7.2. Changes to Services. Inssta constantly changes and improves the Services. Inssta may add, alter, or remove functionality from a Service at any time without prior notice. Inssta may also limit, suspend, or discontinue a Service at its discretion. If Inssta discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. Inssta may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.
8.1. Disclaimers. While it is in Inssta’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND INSSTA DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.
8.2. Exclusion of Certain Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, INSSTA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR (A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, OR (B) LOSS OF USE, DATA, BUSINESS, REVENUES, OR PROFITS (IN EACH CASE WHETHER DIRECT OR INDIRECT), ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF INSSTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
8.3. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF INSSTA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNTS PAID BY YOU TO INSSTA FOR USE OF THE SERVICES AT ISSUE DURING THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY; AND (B) US $ 1000.
8.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.
8.5. Businesses. If you are a business, you will indemnify and hold harmless Inssta and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.
9.1. Who you are contracting with. Unless otherwise specified in relation to a particular Service, the Services are provided by, and you are contracting with Fireart Sp. z o.o.
9.2. Fireart Sp. z o.o. For any Service provided by Fireart Sp. z o.o., the following provisions will apply to any terms governing that Service:
9.3. Contracting Entity. References to “Inssta”, “we”, “us”, and “our” are references to Fireart Sp. z o.o., located at Belgradzka 4/42, Warsaw, 02793, Poland.
9.4. Governing Law. Those terms are governed by the laws of the Poland (without regard to its conflict of laws provisions).
Jurisdiction. Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts located in Warsaw, Poland.
10.1."Inssta" is the original name of the web service provided by Fireart Sp. z o.o. Any similarity of the given name with the name of any other company, legal entity, trade name, service, service, product or the like is purely accidental and not intentional.
10.2.Inssta honestly states that the service does not use crawlers and scrapers, caching or other ways to gain unauthorized access to any of your content using automated tools.
10.3. The user in good faith and without any reservations and exceptions declares that he uses Inssta absolutely consciously and completely agreeing with these Terms and other documents that regulate the work of Inssta. The user independently and voluntarily provides Inssta to his content and accounts as provided by the Inssta interface and fully assumes all possible risks associated with the use of Inssta, and also undertakes to reimburse Inssta for all losses that Inssta may incur due to the use of Inssta by the user.
10.4. Inssta respects the intellectual property rights of others, and we expect the same attitude from our users and third parties. If you believe that Inssta or we violate your intellectual property rights, you can report it by sending a notice via e-mail. Claims for copyright infringement must be considered in accordance with the law applicable to these Terms.
11.1. Assignment. You may not assign these Terms without Inssta’s prior written consent, which may be withheld in Inssta’s sole discretion. Inssta may assign these Terms at any time without notice to you.
11.2. Entire Agreement. These Terms constitute the entire agreement between you and Inssta, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.
11.3. Independent Contractors. The relationship between you and Inssta is that of independent contractors, and not legal partners, employees, or agents of each other.
11.4. Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.
11.5. No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.
11.6. Precedence. To the extent any conflict exists, the additional terms prevail over this Terms with respect to the Services to which the additional terms apply.
11.7. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.
11.8. Third Party Beneficiaries. There are no third party beneficiaries to these Terms.
11.9. The information provided in the Service is not intended to be transmitted or used by any natural or legal person in any jurisdiction or country where such transfer or use is contrary to laws and regulations or serves as grounds for applying to any Inssta any registration requirements in such country or jurisdiction. We reserve the right to restrict access to the Service or any part thereof to any person, geographic area or jurisdiction at any time and at our discretion, as well as limit the amount of any content, programs, products, services or other features provided by Inssta.
11.10. Language. These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls, except where prohibited by applicable law.