Terms of Use
Welcome to Instamate. If you live in India, these Terms of Use are between you and:
Instamate Communications
Pratham, 26 BT Road, Kolkata - 700058, IndiaThe terms (“us”, “we”, the “Company” or “Instamate”) refer to Instamate Communication.
1. Acceptance of Terms of Use Agreement.
By creating a Instamate account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, Cookie Policy, Arbitration Procedures (if applicable to you), Safety Tips, and Community Guidelines, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
2. Eligibility.
You are not authorized to create an account or access or use the Service or systems it resides on unless all of the following are true:
3. Your Account.
In order to use Instamate, you
may sign in using a number of ways. For more information regarding the
information we collect from you and how we use it, please consult our Privacy Policy.
You are responsible for
maintaining the confidentiality of your login credentials you use to sign up
for Instamate, and you are solely responsible for all activities that occur
under those credentials. If you think someone has gained access to your account,
please immediately contact us.
4. Modifying the Service and
Termination.
Instamate is always striving to
improve the Service and bring you additional functionality that you will find
engaging and useful. This means we may add new product features or enhancements
from time to time as well as remove some features, and if these actions do not
materially affect your rights or obligations, we may not provide you with
notice before taking them. We may even suspend the Service entirely, in which
event we will notify you in advance unless extenuating circumstances, such as
safety or security concerns, prevent us from doing so.
The easiest way to terminate your
account is to follow the instructions under "Settings" in the
Service. Of course, you retain other termination options. However, if you use a third party payment account such as Apple’s
App Store or iTunes Store, as applicable (“App Store”) or the Google Play
Store, you will need to manage in app purchases through such an account to
avoid additional billing. Instamate may terminate your account
at any time without notice if it believes that you have violated this
Agreement. Upon such termination, you will not be entitled to any refund for
purchases.
After your account is terminated,
this Agreement will terminate, except that the following provisions will still
apply to you and Instamate: Section 4, Section 5, and Sections 12 through 19.
5. Safety; Your Interactions with
Other Members.
Though Instamate strives to
encourage a respectful member experience through features like the double
opt-in that allows members to communicate only after they have both indicated
interest in one another, Instamate is not responsible for the conduct of any
member on or off of the Service. You agree to use caution in all interactions
with other members, particularly if you decide to communicate off the Service
or meet in person. In addition, you agree to review and follow Instamate’s Safety Tips prior to using the Service. You agree that
you will not provide your financial information (for example, your credit card
or bank account information), or wire or otherwise send money to other members.
You are solely responsible for
your interactions with other members. You understand that instamate does not
conduct criminal background checks on its members or otherwise inquire into the
background of its members. Instamate makes no representations or warranties as
to the conduct or compatibility of members.
6. Rights Instamate Grants You.
Instamate grants you a personal, royalty-free,
non-assignable, nonexclusive, revocable, and non-sublicensable license to
access and use the Service. This license is for the sole purpose of letting you
use and enjoy the Service’s benefits as intended by Instamate and permitted by
this Agreement. This license and any authorization to access the Service are
automatically revoked in the event that you do any of the following:
Instamate may investigate and
take any available legal action in response to illegal or unauthorized uses of
the Service, including termination of your account.
Any software that we provide you
may automatically download and install upgrades, updates, or other new
features. You may be able to adjust these automatic downloads through your
device's settings.
7. Rights you Grant Instamate.
By creating an account, you grant
to Instamate a worldwide, transferable, sub-licensable, royalty-free, right and
license to host, store, use, copy, display, reproduce, adapt, edit, publish,
modify and distribute information you authorize us to access from third parties
such as Facebook, as well as any information you post, upload, display or
otherwise make available (collectively, "post") on the Service or
transmit to other members (collectively, "Content"). Instamate's
license to your Content shall be non-exclusive, except that Instamate's license
shall be exclusive with respect to derivative works created through use of the
Service. For example, Instamate would have an exclusive license to screenshots
of the Service that include your Content. In addition, so that Instamate can
prevent the use of your Content outside of the Service, you authorize Instamate
to act on your behalf with respect to infringing uses of your Content taken
from the Service by other members or third parties. This expressly includes the
authority, but not the obligation, to send on your behalf if your Content is
taken and used by third parties outside of the Service. Our license to your
Content is subject to your rights under applicable law (for example laws
regarding personal data protection to the extent any Content contains personal
information as defined by those laws) and is for the limited purpose of
operating, developing, providing, and improving the Service and researching and
developing new ones. You agree that any Content you place or that you authorize
us to place on the Service may be viewed by other members and may be viewed by
any person visiting or participating in the Service (such as individuals who
may receive shared Content from other Instamate members).
You agree that all information
that you submit upon creation of your account, including information submitted
from your Facebook account, is accurate and truthful and you have the right to
post the Content on the Service and grant the license to Instamate above.
You understand and agree that we
may monitor or review any Content you post as part of a Service. We may delete
any Content, in whole or in part, that in our sole judgment violates this
Agreement or may harm the reputation of the Service.
When communicating with our
customer care representatives, you agree to be respectful and kind. If we feel
that your behavior towards any of our customer care representatives or other
employees is at any time threatening, harassing, or offensive, we reserve the
right to immediately terminate your account.
In consideration for Instamate
allowing you to use the Service, you agree that we, our affiliates, and our
third-party partners may place advertising on the Service. By submitting
suggestions or feedback to Instamate regarding our Service, you agree that Instamate
may use and share such feedback for any purpose without compensating you.
Please be informed that Instamate
may access, store and disclose your account information and Content if required
to do so by law, by performing its agreement with you, or in a good faith belief
that such access, storage or disclosure satisfies a legitimate interest,
including to: (i) comply with legal process; (ii) enforce the Agreement; (iii)
respond to claims that any Content violates the rights of third parties; (iv)
respond to your requests for customer service; or (v) protect the rights,
property or personal safety of the Company or any other person.
8. Community Rules.
By using the Service, you agree
that you will not:
Instamate reserves the right to
investigate and/or terminate your account without a refund of any purchases if
you have violated this Agreement, misused the Service or behaved in a way that Instamate
regards as inappropriate or unlawful, including actions or communications that
occur on or off the Service. In addition, in certain instances, we may
terminate your account for violating the applicable terms of any of the Match
Group family of businesses. In the event that you violate these rules or our
Community Guidelines, your authorization to use the Service will be
automatically revoked.
9. Other Members' Content.
Although Instamate reserves the
right to review and remove Content that violates this Agreement, such Content
is the sole responsibility of the member who posts it, and Instamate cannot
guarantee that all Content will comply with this Agreement. If you see Content
on the Service that violates this Agreement, please report it within the
Service or via our contact form.
10. Purchases.
Generally. From time to time, Instamate
may offer products and services for purchase ("in app purchases")
through the App Store, Google Play Store, Instamate direct billing or other
payment platforms authorized by Instamate. If you choose to make an in app
purchase, you will be prompted to confirm your purchase with the applicable
payment provider, and your method of payment (be it your card or a third party
account such as the Google Play Store or App Store (your "Payment
Method") will be charged for the in app purchase at the prices displayed
to you for the service(s) you've selected as well as any sales or similar taxes
that may be imposed on your payments, and you authorize Instamate or the third
party account, as applicable, to charge you.
Virtual Items. From time to time, you may
be able to purchase or earn a limited, personal, non-transferable,
non-sublicensable, revocable license to use "virtual items", which
could include virtual products or virtual “coins” or other units that are
exchangeable within the Service for virtual products (collectively,
"Virtual Items"). Any Virtual Item balance shown in your account does
not constitute a real-world balance or reflect any stored value, but instead
constitutes a measurement of the extent of your license. Virtual Items do not
incur fees for non-use, however, the license granted to you in Virtual Items
will terminate in accordance with the terms of this Agreement, when Instamate
ceases providing the Service or your account is otherwise closed or terminated.
Instamate, in its sole discretion, reserves the right to charge fees for the
right to access or use Virtual Items and may distribute Virtual Items with or
without charge. Instamate may manage, regulate, control, modify or eliminate
Virtual Items at any time. Instamate shall have no liability to you or any
third party in the event that Instamate exercises any such rights. Virtual
Items may only be redeemed through the Service. All purchases and redemptions of virtual items made through the service
are final and non-refundable. The provision of Virtual Items for use in the
Service is a service that commences immediately upon the acceptance of your
purchase of such Virtual Items. You
acknowledge that instamate is not required to provide a refund in respect of
virtual items for any reason, and that you will not receive money or other
compensation for unused virtual items when an account is closed, whether such
closure was voluntary or involuntary.
Refunds. Generally, all charges for
purchases are non-refundable, and there are no refunds or credits for partially
used periods. We may make an exception if a refund for a subscription offering
is requested within seven days of the transaction date, or if the laws
applicable in your jurisdiction provide for refunds. The purchases of Virtual
Items are final and non-refundable.
To request a refund:
If you made a purchase using your
Apple ID, refunds are handled by Apple, not Instamate. To request a refund, go
to the App Store, click on your Apple ID, select "Purchase history",
find the transaction and hit "Report Problem". You can also submit a
request at https://getsupport.apple.com.
If you made a purchase using your
Google Play Store account or through Instamate directly: please contact customer support with your order number for the Google
Play Store (you can find the order number in the order confirmation email or by
logging in to Google Wallet) or Instamate (you can find this on your
confirmation email). You may also mail or deliver a signed and dated notice
which states that you, the buyer, are cancelling this Agreement, or words of
similar effect. Please also include the email address or mobile number
associated with your account along with your order number. This notice shall be
sent to: Instamate, through mail or customer care.
If you use your right of
cancellation (except for purchases made through your Apple ID, which Apple
controls), we will refund (or ask Google to refund) all payments received from
you, without undue delay and in any case within 7 days of the date when we
received notice of your decision to cancel the Agreement. We shall make such
refund using the same means of payment as used by you in the initial
transaction. In any case, no fees will be charged to you as a result of the
refund.
If you made a purchase through a
payment platform not listed above, please request a refund directly from the
third-party merchant through which you made your purchase.
You cannot cancel an order for
delivery of digital content that is not delivered on a physical medium if order
processing has begun with your explicit prior consent and acknowledgement that
you will thereby lose your right of cancellation. This applies, e.g., to
purchases of Virtual Items. That means that such purchases are final and non-refundable.
Pricing. Instamate currently operates
in India and free to use the services. We will frequently offer promotional
rates - which can vary based on length of subscription, bundle size and more.
We also regularly test new features.
11. Notice and Procedure for
Making Claims of Copyright Infringement.
If you believe that your work has
been copied and posted on the Service in a way that constitutes copyright
infringement, please submit a takedown request to customer care or mail us
using contact us form.
If you contact us regarding
alleged copyright infringement, please be sure to include the following
information:
Instamate will terminate the
accounts of repeat infringers.
12. Disclaimers.
Instamate provides the service on
an “as is” and “as available” basis and to the extent permitted by applicable law,
grants no warranties of any kind, whether express, implied, statutory or
otherwise with respect to the service (including all content contained therein),
including, without limitation, any implied warranties of satisfactory quality,
merchantability, fitness for a particular purpose or non-infringement.
Instamate does not represent or warrant that (A) the service will be uninterrupted,
secure or error free, (B) any defects or errors in the service will be
corrected, or (C) that any content or information you obtain on or through the
service will be accurate.
Instamate takes no responsibility
for any content that you or another member or third party posts, sends or
receives through the service. Any material downloaded or otherwise obtained
through the use of the service is accessed at your own discretion and risk.
13. Third Party Services.
The Service may contain
advertisements and promotions offered by third parties and links to other web
sites or resources. Instamate is not responsible for the availability (or lack
of availability) of such external websites or resources. If you choose to interact
with the third parties made available through our Service, such party's terms
will govern their relationship with you. Instamate is not responsible or liable
for such third parties' terms or actions.
14. Limitation of Liability.
To the fullest extent permitted
by applicable law, in no event will instamate, its affiliates, employees,
licensors or service providers be liable for any indirect, consequential,
exemplary, incidental, special, punitive, or enhanced damages, including,
without limitation, loss of profits, whether incurred directly or indirectly,
or any loss of data, use, goodwill, or other intangible losses, resulting from:
(i) your access to or use of or inability to access or use the service, (ii)
the conduct or content of other members or third parties on, through or
following use of the service; or (iii) unauthorized access, use or alteration
of your content, even if instamate has been advised of the possibility of such
damages. In no event will instamate’s aggregate liability to you for all claims
relating to the service exceed the greater of the amount paid, if any, by you
to instamate for the service and usd100 while you have an account.
Some jurisdictions do not allow
the exclusion or limitation of certain damages, so some or all of the
exclusions and limitations in this section may not apply to you.
15. Arbitration, Class-Action
Waiver, and Jury Waiver.
1. The exclusive means of resolving
any dispute or claim arising out of or relating to this Agreement (including
any alleged breach thereof) or the Service shall be BINDING ARBITRATION except
as modified by our Arbitration Procedures.
The one exception to the exclusivity of arbitration is that either party has
the right to bring an individual claim against the other in a small claims
court of competent jurisdiction, or, if filed in arbitration, the responding
party may request that the dispute proceed in small claims court instead if the
claim is within the jurisdiction of the small claims court. If the request to
proceed in small claims court is made before an arbitrator has been appointed,
the arbitration shall be administratively closed. If the request to proceed in
small claims court is made after an arbitrator has been appointed, the
arbitrator shall determine whether the dispute should remain in arbitration or
instead be decided in small claims court. Such arbitration shall be conducted
by written submissions only, unless either you or Instamate elect to invoke the
right to an oral hearing before the Arbitrator. But whether you choose
arbitration or small claims court, you agree that you will not under any
circumstances commence, or maintain, or participate in against the Company any
class action, class arbitration, or other representative action or proceeding
against Instamate.
2. By using the Service in any
manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP
YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the
Company (except for matters that may be taken to small-claims court). YOU ALSO
GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
If you assert a claim against Instamate outside of small claims court (and Instamate
does not request that the claim be moved to small claims court), your rights
will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the
arbitrator shall determine all claims and all issues regarding the
arbitrability of the dispute. You are entitled to a fair hearing before the
arbitrator. The arbitrator can generally grant any relief that a court can,
including the ability to hear a dispositive motion (which may include a
dispositive motion based upon the parties’ pleadings, as well as a dispositive
motion based upon the parties’ pleadings along with the evidence submitted), but
you should note that arbitration proceedings are usually simpler and more
streamlined than trials and other judicial proceedings. Decisions by the
arbitrator are enforceable in court and may be overturned by a court only for
very limited reasons.
3. Any proceeding to enforce this
arbitration agreement, including any proceeding to confirm, modify, or vacate
an arbitration award, may be commenced in any court of competent jurisdiction.
In the event that this arbitration agreement is for any reason held to be
unenforceable, any litigation against the Company (except for small-claims
court actions) may be commenced only in the federal or state courts located in India.
You hereby irrevocably consent to the jurisdiction of those courts for such
purposes.
16. Governing Law.
For members residing in India or
elsewhere where our arbitration agreement is prohibited by law, the laws of India
will apply to any disputes arising out of or relating to this Agreement or the
Service. Notwithstanding the foregoing, the Arbitration Agreement in Section 15
above shall be governed by the Indian penal code.
17. Venue.
All claims arising out of or
relating to this Agreement, to the Service, or to your relationship with Instamate
that for whatever reason are not submitted to arbitration will be litigated
exclusively in India. You and Instamate consent to the exercise of personal
jurisdiction of courts in India and waive any claim that such courts constitute
an inconvenient forum.
18. Indemnity by you.
You agree, to the extent
permitted under applicable law, to indemnify, defend and hold harmless Instamate,
our affiliates, and their and our respective officers, directors, agents, and
employees from and against any and all complaints, demands, claims, damages,
losses, costs, liabilities and expenses, including attorney’s fees due to,
arising out of, or relating in any way to your access to or use of the Service,
your Content, or your breach of this Agreement.
19. Entire agreement.
This Agreement, which includes
the Privacy Policy, Cookie Policy, the Safety Tips, Community Guidelines and
the Arbitration Procedures (if applicable to you), and any
terms disclosed and agreed to by you if you purchase additional features,
products or services we offer on the Service, contains the entire agreement
between you and Instamate regarding the use of the Service. If any provision of
this Agreement is held invalid, the remainder of this Agreement shall continue
in full force and effect. The failure of the Company to exercise or enforce any
right or provision of this Agreement shall not constitute a waiver of such
right or provision. You agree that your Instamate account is non-transferable
and all of your rights to your account and its Content terminate upon your
death. No agency, partnership, joint venture, fiduciary or other special
relationship or employment is created as a result of this Agreement and you may
not make any representations on behalf of or bind Instamate in any manner.
At Instamate, your privacy is a top
priority. Your privacy is at the core of the way we design and build the
services and products you know and love, so that you can fully trust them and
focus on building meaningful connections.
We appreciate that you put your trust in
us when you provide us with your information and we do not take this lightly.
Our commitment to privacy. We design all of
our products and services with your privacy in mind. We involve experts from
various fields, including legal, security, engineering, product design and
others to make sure that our decisions are taken with the utmost respect for
your privacy.
Our commitment to transparency. Because we use
many of the same online services you do, we know that insufficient information
and overly complicated language are common issues in privacy policies. We take
the exact opposite approach: we’re doing our best to write our Privacy Policy
and related documents in plain language. We actually want you to read our
policies and understand our privacy practices!
Our commitment to security. We have teams
dedicated to keeping your data safe and secure. We constantly update our
security practices and invest in our security efforts to enhance the safety of
your information.