TERMS AND CONDITIONS
Welcome to InstaService!
These are the terms and conditions for:
InstaService mobile application (Available on Google Play and App Store).
instaservice.com
Using the platform, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" refers to the InstaService mobile application and the InstaService website together, "we", "us", "our", and "InstaService" refers to InstaService, and "you" and "user", refers to you, the InstaService user (Service Providers, Customers and Business Owners).
The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions and any other version of InstaService accessible via desktop, mobile, tablet, social media, or other devices.
PLEASE READ THESE CONDITIONS CAREFULLY BEFORE DOWNLOADING AND USING THE FUNCTIONALITIES AVAILABLE ON THE PLATFORM.
1. ACCEPTANCE OF TERMS
By using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use our platform. We may modify this agreement occasionally, effective upon posting on the platform. You agree to be bound by any modification of these terms and conditions when you use InstaService after the posting of such modification; therefore, it is essential that you review this Agreement regularly.
Use of the platform is prohibited for children under the age of 13. In the case of minors under the age of 18 and over the age of 13, parents and legal guardians must determine whether using the platform or any of the content and functionality available on the platform is appropriate for their child or ward.
By downloading and using the platform, you represent and warrant that you have full right, power, and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.
2. NOTIFICATIONS
By providing your email address and phone number to InstaService, you agree that we may use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and unique content, via email and SMS messages. If you do not wish to receive these emails or SMS messages, you may opt out of receiving them by submitting your unsubscribe request through the contact information or by using the "unsubscribe" option included in the emails. Unsubscribing may prevent you from receiving notifications about updates, news, or unique content related to InstaService.
3. SERVICE PROVIDERS
3.1. Registration and Background Checks
Service Providers who wish to offer domestic services such as cleaning, plumbing, gardening, maintenance, and other similar services must register to receive service requests from our Customers or to be hired by Business Owners. It is a prerequisite for registration that the Service Provider undergoes a background check. This process is essential to ensure the quality and security of the services offered on our platform.
InstaService performs background checks as part of the registration process and reserves the right to reject any Service Provider that does not meet the criteria established in this check. We are committed to providing a secure and trusted platform, so acceptance of Service Providers is conditional upon passing the background check.
In addition, Service Providers who successfully register on the platform must keep their data up-to-date and comply with all regulations and standards applicable to their services. InstaService is committed to providing a user-friendly interface for Service Providers to manage their profiles, services offered, and availability efficiently and transparently.
InstaService is not responsible for direct agreements between service providers, customers, or business owners. Still, it does provide a framework and general guidelines that must be adhered to by all parties to ensure a positive experience on the platform. Failure to comply with these conditions could result in suspending or terminating the Service Provider's registration on the platform.
Providers may share personal and commercial information through the platform with other users. Any information Service Providers share through the platform is the sole responsibility of the Service Providers. Service Providers are free to share information but are responsible for using, publishing, and disclosing such information. InstaService is not responsible for the information published and shared through the platform. The information you provide and publish through the platform may be visible to the general public.
3.2. Account
To register with InstaService as a Service Provider, you must complete the registration process and form available on the platform. You may be given one of the two secure registration methods: create a permanent personal password or use a one-time verification code (OTP) sent to your cell phone or email. This approach allows direct and personalized access, facilitating a registration method tailored to individual preferences and complies with security and privacy standards. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities under your password or account. You agree to (a) immediately notify InstaService of any unauthorized use of your password or account or any other security breach and (b) ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorization from InstaService. InstaService will not be liable for any loss or damage arising from your failure to comply with this agreement.
Users may cancel their accounts anytime and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the account's deletion and all personal data provided to InstaService.
InstaService reserves the right to terminate your account or access immediately, with or without notice, and without liability to you, if InstaService believes that you have violated any of these terms and/or provided InstaService with false or misleading information.
3.3. Services
Service Providers registered on our platform are authorized to provide services according to Customers' requests. Customers are free to make service requests specifying their needs and preferences. Once a request is made, Service Providers can review it and decide whether or not to accept the work proposal. By accepting a request, the Service Provider agrees to fulfill the requested service, respecting the agreed terms and conditions, including the scope of the service, delivery times and any other relevant specifications.
Payment for services is made through the platform, thus offering security and efficiency for both Customers and Service Providers. Customers will make the corresponding payment through the payment methods available on the platform, which will be securely held until the service is completed. Once the service is finished and the Customer confirms it, the payment will be released and transferred to the Service Provider after the warranty period, discounting the applicable commissions or fees established by the platform.
InstaService acts as an intermediary between the Customer and the Service Provider, facilitating communication transactions and ensuring quality of service. However, InstaService is not responsible for the individual acts of Service Providers or Customers, although it establishes monitoring and evaluation mechanisms to ensure the satisfaction of both parties. In case of disputes or non-conformities, the platform will provide a mediation system to resolve conflicts fairly and efficiently.
Service Providers are responsible for providing quality service that complies with the regulations and laws applicable to their work area. InstaService reserves the right to suspend or remove Service Providers who do not meet the established quality standards or violate the platform's policies.
3.4. Service Fees
To ensure a fair and transparent environment on our platform, the platform will determine fees for services offered by Service Providers. This approach supports on-demand services and ensures that rates reflect service quality, provider expertise, and market conditions, thus promoting fair competition and providing clarity for both Service Providers and Customers.
InstaService is committed to conducting a detailed and ongoing market analysis to establish competitive rates that correspond to industry standards, considering factors such as service specialization, demand, and Service Provider qualifications. This pricing process aims to balance Customer expectations with fair remuneration for Service Providers, ensuring the sustainability of our ecosystem of services.
Service Providers will be informed of the rates applicable to their services through their Job requests on the platform. The Service Provider must review the job request and know these rates before accepting any service order.
It is important to note that the platform may review and adjust service fees periodically to adapt to market dynamics and changes in demand or to reflect improvements in the quality and value of the services offered.
By registering and offering services on our platform, Service Providers agree to this rate-setting policy and acknowledge that InstaService acts in the community's best interest, seeking to foster a fair and sustainable working environment for all involved. This commitment to transparency and fairness underscores our effort to create a space where Service Providers can thrive while maintaining Customer trust and satisfaction.
3.5. Payments
Our platform handles payment for services rendered by Service Providers efficiently and securely. Once a service has been completed and confirmed by the Customer, the corresponding payment will be transferred to the Service Provider as weekly payouts after the warranty period for a given job. It is important to note that this transfer process will be initiated only after the Customer has confirmed the satisfactory completion of the service.
The payment method to transfer funds to the Service Provider may be subject to transaction fees or commissions. These fees are determined by the selected payment method, not the platform. It is the Service Provider's responsibility to be informed about possible commissions or fees that may apply to the transaction and to consider these in its pricing structure.
The platform is responsible for managing these payments and ensuring they are made promptly and securely, using reliable and recognized electronic payment systems. However, the platform is not responsible for any delays or problems arising from payment system failures, banking problems, or financial constraints beyond our control.
In addition, Service Providers must provide accurate and up-to-date information about their bank accounts or payment methods to facilitate transfers. Please update this information to avoid delays or problems in receiving payments. In case of payment discrepancies or issues, the Service Provider must immediately contact the platform to resolve the situation.
The platform reserves the right to withhold or delay payment if there are suspicions or allegations of fraud, non-compliance with the terms of service, or any other suspicious or illegal activity. In such cases, an investigation will be conducted, and payment will be withheld until the situation is resolved.
3.6. User Content
Service Providers may provide and upload content and information through the platform. Service Providers retain any copyright or other rights they may have in the content and information they provide through the platform. InstaService is not responsible for the accuracy, safety, or legality of content posted on the platform by Service Providers. The Service Provider is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the platform, the Service Provider grants InstaService a worldwide, non-exclusive, royalty-free, fully paid-up right and license to host, store, transfer, perform, reproduce, and modify the content for the sole purpose of using and displaying it within the platform and to the general public.
By providing and uploading content through the platform, you affirm, represent, and warrant that:
You own the content you provide through the platform or have the licenses, rights, consents, and permissions to authorize InstaService to publish and display your content.
Your content does not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity, or any other intellectual property or proprietary right.
Your content does not defame, libel, slander, or invade any other person's privacy, publicity, or other proprietary rights.
A reasonable person may not consider your content objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
Your content does not and will not contain content that incites hatred, threats of physical harm, or harassment.
3.7. Monitoring of Content
InstaService may, at any time and without prior notice, filter, remove, edit, or block any Service Provider content that, in our sole judgment, violates these Terms or is otherwise objectionable. If any user or third party notifies us that Service Provider content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the relevant Service Provider content, which we reserve the right to do at any time without notice. Service Provider acknowledges and agrees that InstaService reserves the right to and may, from time to time, monitor all information transmitted or received through the platform for operational and other purposes.
4. CUSTOMERS
4.1. Account
To register with InstaService as a Customer, you must complete the registration process and form available on the platform. You may have one of the two secure registration methods: create a permanent personal password or use a one-time verification code (OTP) sent to your cell phone or email. This approach allows direct and personalized access, facilitating a registration method tailored to individual preferences and complies with security and privacy standards. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities under your password or account. You agree to (a) immediately notify InstaService of any unauthorized use of your password or account or any other security breach and (b) ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorization from InstaService. InstaService will not be liable for any loss or damage arising from your failure to comply with this agreement.
Users may cancel their accounts anytime and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the account's deletion and all personal data provided to InstaService.
InstaService reserves the right to terminate your account or access immediately, with or without notice, and without liability to you, if InstaService believes that you have violated any of these terms and/or provided InstaService with false or misleading information.
4.2. Service Requests
Customers have the ability to create requests for domestic services, such as cleaning, plumbing, and handyman, among others, according to their specific needs. When making a service request, customers must provide accurate and complete details about the type of service required, including, but not limited to, the nature of the work, the desired date and time, and any special requirements or preferences.
InstaService will assign various Service Providers that match the needs and specifications detailed in the Customer's service request. This selection will be based on proximity to the job location, on-time arrival track record, job acceptance rate, availability, competencies, qualifications, and previous ratings of the Service Providers. For specific service requests, the Customer will have the opportunity to review Service Providers' profiles, experience, and previous Customer ratings.
The services will be paid through the platform, following the specifications and price indicated in the service request. The platform offers several secure and reliable payment methods to facilitate this transaction. It is essential that the Client verifies and confirms the total price of the service before making the payment.
Once the service has been completed to the Customer's satisfaction, the Customer must confirm the completion of the service on the platform. Doing so will initiate the transfer of the payment to the service provider. The Client is responsible for ensuring that the service has been completed as agreed before marking the request as complete.
In case of non-conformities or problems with the service provided, the Customer shall communicate through the channels established by the platform to resolve any dispute or inconvenience. InstaService offers customer service to assist in these situations and seek a satisfactory resolution for both parties.
In addition, InstaService is committed to maintaining a safe and trusted environment where Customers can engage services with the assurance that they are working with qualified and verified professionals. The platform also reserves the right to intervene or take action in cases of non-compliance with the terms and conditions by Customers or Service Providers.
4.3. Service Fees
In our commitment to ensure a fair and transparent experience for all platform users, the rates for services offered by independent Service Providers and those belonging to Business Owner organizations will be set by the platform. This policy ensures that prices balance quality and accessibility, making it easier for customers to make informed decisions when contracting services.
InstaService is responsible for conducting a thorough analysis of the market to establish competitive rates that correspond to industry standards, the service's complexity, and the Service Providers' experience and qualifications. This pricing process seeks clarity and consistency, thus eliminating any uncertainty or disparity that could affect the Customer experience or fairness among Service Providers.
Customers will have access to a transparent pricing structure before the confirmation of any service, thus providing the opportunity to review and accept the proposed rates. This transparency ensures no hidden costs or surprises during the contracting process, reinforcing confidence in the platform as a fair and reliable means of acquiring services.
It is essential to mention that rates may be subject to periodic revisions to reflect changes in the market, inflation, or improvements in service quality. Any rate adjustments will be communicated promptly to all platform users via job requests, maintaining our commitment to transparency and fairness.
By using the platform's services, customers agree to this pricing method and acknowledge that the established rates are final and binding for the provision of services. This agreement reflects our joint effort to create an environment where quality, accessibility, and fairness are the pillars of every transaction, thus benefiting our entire user community.
4.4. Workplace Safety
To ensure the protection and well-being of all involved in providing services, it is imperative that Customers offer a safe and suitable working environment for Service Providers. This involves ensuring that the workspace is free from potential risks and hazards that could compromise the physical safety of the Service Provider. In addition, Customers must take preventative measures, such as securing and keeping their pets leashed while the Service Provider is performing their work, to avoid any type of incident or disruption that could jeopardize the safety or well-being of the Service Provider.
The Customer's responsibility includes, but is not limited to, the adequacy of the workplace by applicable safety standards, the removal of dangerous obstacles, the securing of areas that may pose a risk, and the provision of clear instructions on any particularities of the environment that the Service Provider must consider to perform its work safely.
If the Service Provider is placed in an unsafe situation or suffers any damage as a direct result of the Customer's actions or negligence or due to unsafe conditions in the working environment provided by the Customer, the latter shall be held liable for any consequences arising from such a situation. This includes, without limitation, legal liabilities for injury, damage, loss, or any other damages that the Service Provider may suffer.
It is essential that Customers understand the importance of maintaining a safe working environment and are actively committed to implementing all necessary measures to protect the physical integrity and health of Service Providers.
InstaService encourages both Customers and Service Providers to communicate openly and proactively about any safety-related concerns before commencing work and during work performance. Prevention and attention to safe working conditions contribute to an optimal work environment and foster relationships of trust and mutual respect between Customers and Service Providers.
4.5. Payments
Customers need to pay for services when they create a service request. This advance payment guarantees the Service Provider's reservation and commitment to perform the requested task. We accept payment via credit or debit card to facilitate this process, providing a secure and efficient payment method. Final payment will be processed after the service has been completed.
Once the service request is placed, the Customer is deemed to have accepted the terms of service, including the scope of work and the fee. The platform acts as an intermediary in the financial transaction, ensuring the payment remains secure until the service is completed.
In the event of the customer's cancellation or modification of the service, the platform's cancellation and refund policies, which are designed to protect both the Customer and the Service Provider, will apply. These policies will detail the conditions under which a refund may be requested, or adjustments to the service may be made.
The platform is committed to offering assistance in the event of any payment-related problems or disputes, including, but not limited to, incorrect charges, services not performed as agreed, or issues with the payment transaction. InstaService strives to ensure a safe and satisfactory user experience and will provide the necessary channels to resolve problems efficiently and fairly.
Finally, InstaService reserves the right to take appropriate action, including account suspension or termination, in cases of fraud, suspicious activity, or repeated non-compliance with the payment terms and conditions by the Customer.
5. BUSINESS OWNERS
5.1. Registration
Business owners registered on our platform can add their service providers directly, allowing clients to contract the services of these service providers. This process seeks to expand the offer and availability of professional services for Clients, ensuring a wide range of options within the platform.
It is important to note that although Business Owners may incorporate their Service Providers, the platform will set the fees associated with these services. This measure ensures a uniform and fair pricing structure for all users, promoting transparency and fairness within the market. Business Owners must accept this condition and communicate it to their Service Providers, ensuring that all participants understand and adhere to this policy.
The Business Owner's responsibility includes ensuring that the added Service Providers comply with the quality standards, professionalism, and regulations required by the platform. In addition, they must verify that the Service Providers in their business possess the necessary certifications and experience to offer high-quality services to the platform's Customers. InstaService will provide the dashboard for managing service providers' profiles and facilitate updating relevant information.
By using our platform, Business Owners and their Service Providers agree to follow the established guidelines and policies, including acceptance of the fees set by the platform, thus contributing to a positive and equitable experience for all users.
InstaService reserves the right to monitor the compliance and performance of the services offered by the Service Providers incorporated by the Business Owners to maintain high standards of quality and customer satisfaction. This cooperation and commitment on the part of Business Owners and their Service Providers is essential to ensure the success and integrity of the InstaService community.
5.2. Account
To register with InstaService as a Business Owner, you must complete the registration process on the platform. You may have one of the two secure registration methods: create a permanent personal password or use a one-time verification code (OTP) sent to your cell phone or email. This approach allows direct and personalized access, facilitating a registration method tailored to individual preferences and complies with security and privacy standards. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities under your password or account. You agree to (a) immediately notify InstaService of any unauthorized use of your password or account or any other security breach and (b) ensure that you log out from your account at the end of each session. You may never use another user’s account without prior authorization from InstaService. InstaService will not be liable for any loss or damage arising from your failure to comply with this agreement.
Users may cancel their accounts anytime and for any reason through the account settings or by sending us their request through our contact information. Such cancellation will only result in the account's deletion and all personal data provided to InstaService.
InstaService reserves the right to terminate your account or access immediately, with or without notice, and without liability to you, if InstaService believes that you have violated any of these terms and/or provided InstaService with false or misleading information.
If a Business Owner makes the decision to terminate their account on our platform, or if the platform determines the need to terminate a Business Owner's account for any reason, it will proceed to delete all data associated with that Business Owner, including the information and profiles of its Service Providers in the context of that specific business relationship. However, this action does not prevent Service Providers affected by this cancellation from rejoining the platform later, either under the umbrella of another Business Owner or acting as individual Service Providers. This measure ensures that Service Providers continue to have the opportunity to offer their skills and services to the platform community while maintaining data privacy and security, thus promoting the continuity of their professional activity and the possibility of establishing new collaborations.
5.3. Contracting of services
On our platform, customers have the possibility to contract services from service providers that are part of the business owners' organizations. These Service Providers, previously added to the Business Owner's profile, offer a wide range of specialized services, thus guaranteeing a diverse and quality offer to meet the customers' needs. It is important to note that the prices of the services offered by these Service Providers are set by the platform, ensuring a fair and competitive pricing structure that benefits Customers, business owners, and their teams.
Payments made for services contracted to Service Providers belonging to a Business Owner will be credited directly to the corresponding Business Owner's account, simplifying the financial management process and ensuring an efficient distribution of profits. This payment method reinforces the collaborative relationship between Business Owners and the platform, providing a clear and direct path for revenue flow.
In addition, InstaService is committed to providing Business Owners with advanced management and analysis tools through a dedicated dashboard. This dashboard will allow Business Owners to monitor in detail the performance of the services offered by their Service Providers, including data on revenue generated, job acceptance rate, Customer feedback, and other key performance indicators. This information is vital for strategic decision-making and continuous optimization of services.
InstaService strives to foster an environment of transparency and efficiency where Business Owners can develop and expand their operations with the support of advanced technological tools and an equitable pricing structure. By registering and operating within the platform, Business Owners agree to adhere to these conditions, committing to maintain the highest standards of quality and professionalism in providing their services, thus contributing to the overall growth and satisfaction of the InstaService community.
6. CODE OF CONDUCT
Our platform values and promotes an environment of respect, professionalism, and ethics. Therefore, we have established the following code of conduct to be followed by all service providers, customers, and business owners registered with InstaService.
Respect and Professionalism: All users must interact with each other respectfully, courteously, and professionally. This includes transparent, honest, and constructive communication. No discrimination, harassment, or abusive behavior will be tolerated.
Compliance with Agreements: Service Providers must comply with the terms of their services as agreed with Clients or Business Owners. Similarly, Customers and Business Owners must respect the terms of engagement, including payment terms and service specifications.
Quality of Service: Service Providers are committed to high-quality work, meeting professional standards and agreed expectations. Clients and Business Owners must provide an accurate and detailed description of their needs to facilitate this objective.
Confidentiality and Privacy: Confidentiality of all personal and business information shared on the platform must be maintained. Users must not disclose or use this information for purposes other than the agreed service.
Dispute Resolution: Users should strive to resolve conflicts amicably and professionally in disagreements or disputes. InstaService offers mediation and assistance mechanisms to facilitate this resolution.
Compliance with the Law: All users must always comply with applicable laws and regulations. This includes, but is not limited to, complying with labor, tax, and safety regulations.
Proper Use of the Platform: Users must use the InstaService platform solely for its intended purposes, avoiding fraudulent, deceptive, or illegal activity.
Failure to comply with this code of conduct may result in corrective action by InstaService, including suspension or termination of the account on the platform. InstaService is committed to maintaining a safe, fair, and professional environment for all its users.
7. LIMITATION OF LIABILITY
InstaService acts as an intermediary between Service Providers, Customers, and Business Owners, providing a platform to facilitate the contracting and provision of services. Although we make reasonable efforts to ensure the quality and legality of the services offered on our platform and the accuracy of the information users provide, InstaService is not responsible for the actions or inactions of Service Providers, Customers, or Business Owners.
InstaService does not guarantee the quality, safety, or legality of services provided, the truthfulness or accuracy of advertisements, the ability of Service Providers to perform a service, or the ability of Clients and Business Owners to pay for services. All liability arising from selecting a Service Provider and providing services rests with the Customers and Business Owners who engage them.
InstaService shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if InstaService has been advised of the possibility of such damages), resulting from (i) the use or inability to use the platform; (ii) the cost of procurement of substitute services resulting from any service, information or transaction entered into the platform; (iii) the cost of procurement of substitute services resulting from any service, information or transaction entered into the platform; or (iv) the cost of procurement of substitute services resulting from any service, information or transaction entered into the platform.
InstaService shall not be liable for delays or failures in performance resulting from acts or circumstances beyond its reasonable control, including, without limitation, acts of God, labor strikes, labor disputes, lockouts, riots, acts of war, epidemics, delays or failures in electronic communications or networks, and any other force majeure circumstances.
You agree to indemnify and hold InstaService, its directors, employees, partners, and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Platform, your violation of these terms and conditions, or your violation of any rights of another.
This limitation of liability provision shall apply to the fullest extent permitted by law in the applicable jurisdiction. It shall survive the termination or expiration of these terms and conditions and your use of the InstaService Platform.
8. CHAT AND MESSAGING
The platform contains chat areas or messaging services to enable communication between users. The user may only use the chat or messaging service to send and receive relevant and specific messages for the platform's purposes. The user may NOT use the chat or messaging service available on the platform to perform any of the following actions:
Send messages that are defamatory, violent, profane, harassing, obscene, threatening, or messages that otherwise violate the legal rights of users or third parties, including InstaService staff.
Send messages of a sexual or pornographic nature.
Send messages that promote illegal activities.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Impersonate another person or user or allow any other person or entity to use your account to send messages or otherwise use your account.
Repeatedly send the same message. Spamming is strictly prohibited.
Imply or assert that InstaService endorses any statement you make without InstaService's prior written consent.
Post offensive and/or harmful messages, including, but not limited to, content that advocates, supports, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals.
Use the platform to collect personal data from users.
Any breach or violation of the provisions in these terms may result in suspending the offending user's account, with or without notice and without the right to compensation.
9. FEEDBACK SYSTEM
On our platform, we promote a constructive and transparent feedback environment, which is why we implemented a rating and commenting system that allows Clients and Service Providers to mutually evaluate each other's experiences upon completion of the service. After each service, the parties involved are invited to rate the experience and leave written comments. These ratings and comments should honestly reflect the quality of service, professionalism, communication, and overall satisfaction. It is essential that all users make their ratings and comments with honesty and respect, avoiding offensive, defamatory, or discriminatory expressions.
Ratings and comments are critical to our community, as they help other users make informed decisions and build trust and credibility within the platform. InstaService reserves the right to review and moderate comments to ensure compliance with our policies, although we are not responsible for the accuracy or legality of user comments. It is also possible to respond to comments received, and these responses must adhere to the same standards of respect and professionalism. We remind users of the importance of maintaining the confidentiality and privacy of personal information in their comments. This rating and feedback system is a vital tool in maintaining the quality and reliability of our platform, and we encourage all users to use it responsibly and carefully.
10. LICENSE TO USE THE PLATFORM
InstaService grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use the InstaService platform, including but not limited to modified versions, updates, upgrades, enhancements, improvements, additions, additions, and copies, where applicable. This license is for the sole purpose of allowing you to use the features available on the platform in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our platform or the included software, nor may you reverse engineer or attempt to extract the source code of such software unless such restrictions are prohibited by law or unless you have our written permission.
The user agrees not to use the platform and the Services in a negligent, fraudulent, or unlawful manner. It also undertakes not to conduct any conduct or action that could damage the image, interests, or rights of InstaService or third parties.
InstaService reserves the right to terminate the user's access immediately, with or without notice, and without liability if InstaService considers that the user has violated any of these terms.
11. COPYRIGHT
All materials on InstaService, including, without limitation, names, logos, trademarks, games, images, text, columns, graphics, videos, photographs, illustrations, software, and other elements, are protected by copyrights, trademarks, and/or other intellectual property rights owned and controlled by InstaService or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on InstaService are made available for limited, non-commercial, personal use only, except as explicitly provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way or otherwise used by any person or entity without InstaService's prior express written permission. You may not add, delete, distort, or modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize InstaService or any part of the material for any purpose other than its intended purposes is strictly prohibited.
12. COPYRIGHT INFRINGEMENT
InstaService will respond to all inquiries, complaints, and claims regarding alleged infringement for failure to comply with or violate the Digital Millennium Copyright Act (DMCA) provisions. InstaService respects the intellectual property of others and expects users to do the same. If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request under Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:
Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
A statement that specifically identifies the location of the infringing material in sufficient detail so that InstaService can find it on the platform.
Your name, address, telephone number, and email address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, its agents, or by law.
You made a statement under penalty of perjury that the information in your notification is accurate and that you are the copyright owner or authorized to act on its behalf.
An electronic or physical signature of the copyright owner or the person authorized to act on the copyright owner's behalf.
13. PROHIBITED ACTIVITIES
The following activities are prohibited:
Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or otherwise exploit any content of the platform, including but not limited to using any robot, spider, scraper, or other automated means or any manual process for any purpose, not by this agreement or without our express written permission.
Violate the restrictions in any robot exclusion headers on the platform or bypass or circumvent other measures employed to prevent or limit access to the platform.
Take any action that imposes, or may impose, at our discretion, an unreasonable or disproportionately large load on our infrastructure.
Deep-link to any platform portion for any purpose without our express written permission.
"Frame", "mirror," or otherwise incorporate any part of the platform into any other platforms or Service without our prior written authorization.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs InstaService uses.
Circumvent, disable, or otherwise interfere with security-related features of the platform or features that prevent or restrict the use or copying of any content.
14. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet, InstaService provides and maintains the platform on an "as is", and "as available" basis and makes no promise that the platform will be uninterrupted or entirely error-free. We are not responsible to you if we cannot provide our Internet Services for any reason beyond our control.
Except as provided above, we can give no other warranties, conditions, or other terms, express or implied, statutory or otherwise, and all such terms are at this moment excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you, and if you use the platform in violation of these terms, you will be liable to and will reimburse InstaService for any loss or damage caused.
InstaService shall not be liable for any amount for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.
These terms do not affect your statutory rights as a consumer, which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, InstaService excludes liability for any loss or damage of any kind, howsoever arising, including without limitation any direct, indirect, or consequential loss whether or not such arises out of any problem you notify InstaService and InstaService shall have no liability to pay any money by way of compensation, including without limitation all liability about:
Any incorrect information on the platform.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.
Any loss or damage resulting from your use or the inability to use the platform or from unauthorized access to or alteration of your transmissions or data in circumstances beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data, or any other loss that does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data, or other property caused by persons accessing or using content from the platform or transmissions via emails or attachments received from InstaService.
All representations, warranties, conditions, and other terms that but for this notice would have effect.
15. ELECTRONIC COMMUNICATIONS
InstaService will not accept any responsibility for failed, partial, or garbled computer transmissions, for any breakdown, failure, connection, or availability of computer, telephone, network, electronic or Internet hardware or software, for Internet accessibility or availability or traffic congestion, or any unauthorized human acts, including any errors or mistakes.
16. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the platform, its officers, employees, affiliates, and Service Providers against any claims, losses, damages, costs, and expenses (including reasonable legal fees) resulting from or related to your misuse of the platform or violation of this clause.
17. CHANGES
We may change the platform and these terms at any time, at our sole discretion and without notice. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms, and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect.
18. INTEGRATION CLAUSE
This agreement, with the privacy policy and any other legal notices published by InstaService, shall constitute the entire agreement between you and InstaService concerning and governs your use of the platform.
19. SEVERABILITY
If any section of these terms is held invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay any provision of these terms at any time does not waive our right to implement the same or any other provision in the future.
20. FORCE MAJEURE
InstaService shall not be liable for any failure to perform due to causes beyond its reasonable control, including, without limitation, fortuitous events, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts that may be due to unforeseen circumstances.
21. TERMINATION
Both the user and InstaService acknowledge that failure to comply with these terms and conditions may result in the termination of the agreement between both parties.
In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, InstaService reserves the right to unilaterally terminate the user's access to and use of the platform. InstaService may take this action without prior notice, and the User will automatically lose all rights to access and use the platform. Furthermore, InstaService shall not be liable for any data loss or information associated with the user's account.
In case of non-compliance by InstaService: If InstaService fails to comply with its obligations under the agreed terms and conditions, the User shall be entitled to terminate the agreement and stop using the platform. The user shall notify InstaService in writing of the breach and allow InstaService a reasonable time to remedy the situation. If InstaService does not remedy the breach within the set period, the user may proceed with the termination of the agreement.
Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.
Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.
22. ARBITRATION
You acknowledge and agree that any dispute, claim, or controversy arising out of or relating to these terms and conditions, whether for breach, termination, enforcement, interpretation, or validity, as well as any aspect of your use of our platform and services, shall preferably, be resolved by binding arbitration between you and InstaService. Notwithstanding the foregoing, the right of both parties to bring individual claims in a court of competent jurisdiction if they deem it necessary remains.
In the event of any dispute arising in connection with your use of our platform and services or breach of these terms and conditions, both parties agree to seek resolution through an arbitration process. This process will be conducted before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following applicable commercial arbitration rules.
In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute, or controversy that may arise in connection with the use of our platform and services. This commitment seeks, to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over class actions.
23. JURY TRIAL AND SMALL CLAIMS COURT
If any claim must be resolved in a court of law rather than through arbitration, both parties agree to waive the right to a jury trial. In addition, both you and InstaService have claims in a court of competent jurisdiction to prevent infringement or misuse of intellectual property rights, including seeking temporary injunctive relief.
24. APPLICABLE LAW AND JURISDICTION
These terms and conditions shall be governed by and construed by the state and federal laws of the United States of America. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State. This applies unless binding arbitration is agreed to in the applicable section.
25. FINAL PROVISIONS
The use of our platform and the services offered on our platform are conditioned upon acceptance of and compliance with all terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or applied.
Our commitment to compliance with these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including but not limited to those related to law enforcement and the use of our platform. Information provided or collected in connection with the use of our platform will be subject to these requirements.
If any provision of these terms and conditions shall be declared invalid, illegal, or unenforceable by any court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms and conditions by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.
We reserve all rights not expressly granted herein while always maintaining the protection of and respect for our intellectual property rights and prerogatives.
26. CONTACT INFORMATION
If you have questions or concerns about these terms, please contact us through our contact forms or by using the following contact information:
InstaService.
contact@instaservice.com
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