Terms of service

These Terms of Service (referred here as the “Terms”) define the rules that apply when you use the Instant app or any of its other products or services that link to these terms (refer as the “Services”). These terms are a legal binding contract between you and INST.DigitalSRL. (“Instant”). So please read them carefully.

You must have accepted these Termsto use the Services, which are presented to you (i) when you first register to the app and (ii) when we make any material changes to the Terms. If you don’t accept the terms, then please don’t use the Services.

1. Who can use the services

No one under 16 is allowed to create an account or use the Services, including receive rewards in utility tokens while using the application and the purchase tokens as commercial products in addition of the Services (you must be hold enough to own a bank account at your name and able to make a purchase). Additionally, you must also be old enough to consent to the processing of your information in your country and the possession of tokens.

By using the Services, you state that you can form a binding contract with INST.Digital SRL and Instantapp and will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

The Services are primarily designed for business or commercial purposes and should not be used for these purposes. If you wish to use the Services for businesses or commercial purposes, please use contact form: www.inst-digital.com

2. Your account

To use the Services, you are required to create an account integrating a public profile. Creating an account by following the steps in the app.

3. Name and username

A name is required to create an account to be displayed on your public profile when using the app. If you want your friends to easily recognize you,it is recommended to use your real first or last name. Remember: most of the information in your profile is public and will be visible to other members, including mutual friends. This means that friends of friends can find you via the public friend lists and location (when private mode is off for location).

4. Geolocation

Instant is a location-basedmobile app. Therefore, we need to access and store your location data to provide the Services to you. During registration we will request access to your device’s location. You can turn your device’s location data on and off at any time through your device settings. The Services only work when device location is turned on. You can find more details on this in Section 8 of these Terms and in our Privacy Policy and Data Consent

5. Phonecontact list and friends

Instantenableyou to interact with your friends, and friends of friends. Because of this, we ask for permission to access yourphone contact list. This will give you the ability to add friends that are already on Instant as well as invite friends in your address book who have not yet joined Instant. If you’re inviting friends to Instant keep in mind that you’ll be inviting them via text message, so be aware that your carrier may charge you for sending those text messages depending on your phone plan. Also, when inviting friends, please be considerate and don’t spam your entire contact list.

6. Notifications

You can turn on notifications to get updates when friends accept your requests, when friends receive messages, when friends send an invitation and for future features.

7. Account security

After creating your account, you remain responsible for any activity that takes place on your Instantapp account. Since creating an Instantapp account doesn’t require a password, make sure you protect your phone with a strong password. Also, don’t give your phone to someone else if you don’t want them interacting with your account. If you suspect fraudulent use or hijacking of your account, please inform us immediately. We will do our best to help you out as soon as possible.

8. Location based service

You understand that Instantapp is a location-based service. To provide the Services, Instantapp requires access to the location data of your device and needs to keep a record of your location history. You will first have to grant permission to Instantapp before we can access your location data. This is done via the Android and iOS permission screens and/or device settings.
Unless you have selected a different device permission or app setting, your device location will be shared when the app is running in the background and the foreground. This means that, once proper permissions are granted, you can use the private mode at any time to not share your current position to other members. The share location on map feature is only to be use when available to meet a friend.

If you want to stop sharing your location data, you can do so at any time in your device settings. When you disable location sharing through your device settings you will be unable to use the Services.

You understand the Services work under normal conditions, but that the accuracy of location data depends on several factors such as sufficient network coverage, wifi connection, and so on. Some zones or areas with low network coverage, the map might not display correctly and your position in the app may not reflect your accurate location in real life.

Your location on the map is the location of your device.

Instant app is an outdoor socialising network. Your actual location tofriends and new friends you accepts or invite, is not shared by default and you will need to turn off the private mode to share your current location and to be able to see the location of your added friends unless you or your friends changes location sharing preferences through either their device settings or the app itself (private mode)

For the Services to work, we need to store your location data if you are actively using the Services. We have provided more details on our deletion and retention periods in our privacy policy.

The maps we use to show your location in the app are sourced from third parties (MapBox). There may be geographical areas throughout the world that have not yet been processed and/or changes made in the world that the maps do not yet reflect such as new streets or changed street names, and so on. Feel free tofeedback, if any issues with the map please let us know: www.inst-digital.com

9. Rights we grant you

Instant app and INSTdigital SRL grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the Services. This licence is for the sole purpose of letting you use and enjoy the Services’ benefits in a way that these Terms allow.

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.

You may not copy, modify, distribute, sell, or lease any part of our Services. Nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions, or you have our written permission to do so.

10. Privacy

Your privacy is important. You can access our Privacy Policy to be read carefully.

11.Respecting other people’s rights

INSTDigital SRL respects the rights of others, and so should you. You, therefore, may not use the Instant app Services, or enable anyone else to use the Services in a manner that:

  • violates or infringes on someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual propertyright.
  • bullies, harasses, or intimidates.
  • defames.
  • spams or solicits our users.

You must also respect the rights of Instant app and INSTDigital SRL. These Terms do not grant you any right to do any of the following (or enable anyone else do so):

  • use branding, logos, designs, photographs, videos, or any other materials used in our Services.
  • copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as authorised in these Terms.
  • use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

12. Safety

Safety is very important. The Services are aimed to be a safe place for all users. By using the Services, you agree that:

  • You will not use the Services for any purpose that is illegal or prohibited in these Terms.
  • You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other users’ information.
  • You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
  • You will not use the Services in a way that could interfere with, disrupt, affect negatively, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
  • You will not use or attempt to use another user’s account without their permission.
  • You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
  • You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
  • You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Services that you are not authorised to access.
  • You will not probe, scan, or test the vulnerability of our Services or any system or network.
  • You will not encourage or promote any activity that violates these Terms.

We also care about your safety while using our Services. So please don’t use our Services in a way that would distract you from obeying traffic or safety laws.

13. Third-party services

If you use a service, feature or functionality that is operated by a third party and made available through our Services (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. INST Digital SRL is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

14. Modifying the services and termination

Some improvements and new feature development related to the Services that may add or remove features, products, or functionalities, and may also suspend or stop the Services altogether. We may take any of these actions at any time, and when we do, we will try to notify you beforehand—but this won’t always be possible.

You can terminate these Terms at any time and for any reason by deleting your account. You can also delete your account by contacting us.

INST Digital SRL may also terminate these Terms with you if you fail to comply with these Terms, the law, or for any reason outside of our control. And while we’ll try to give you advance notice, we can’t guarantee it. Our right to terminate these Terms means that we may stop providing you with any Services or impose new or additional limits on your ability to use the Services. For example, we may deactivate your account due to prolonged inactivity (12 months).

Regardless of who terminates these Terms, both you and INST Digital continue to be bound by Sections 2, 3, 11, 14 – 22 of the Terms.

15. Indemnity

You agree, to the extent permitted by law, to indemnify, defend and hold harmless INST Digital SRL, Instant app and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to:

  • your access to or use of the Services
    • your content
    • your breach of these Terms.

16. Disclaimers

We try to keep the Services up and running and free of annoyances, but with no guarantee.

The Services are provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, implied warranties, conditions, or other terms relating:

  • merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement
    • arising from a course of dealing.

In addition, while INST Digital SRL and Instant app attempt to provide a good user experience, we do not represent or warrant that:

  • the Services will always be secure, error-free or timely
    • the Services will always function without delays, disruption,or imperfections
    • that any content or information you obtain through the Services will be timely or accurate.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL NOT APPLY.

INST Digital SRL and Instant app and their affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Services. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of which INST Digital SRL, nor their affiliates will be responsible for.

Nothing in these Terms will exclude or limit any responsibility we may have to remove content if so, required by the law of the country where you live.

Regarding the utility token, earned as a reward, purchased as a commercial productwhen using the Instant app, you are agreeing to the following conditions in full.

  • The token is not backed, or value guaranteed by any financial institution; when purchasing the token, the customer assumes all risks the token may become worthless in value. Customers should research, understand Instant app project, and consider the risks before purchasing any token.
  • The company makes absolutely no guarantee about the future value of the token purchased. The customer must send any token payment to the company from one bankaccount owned by the customer.
  • The tokens are not available to a natural person being a citizen, national, resident or having a similar connecting factor to; or a juridical person being incorporated, registered or effectively managed and controlled from or within a country, jurisdiction or territory where the private placement or the holding and use of the token and/or virtual currency or other tokens at any other moment in time is prohibited by laws, regulations or other practices and policies in the said country, jurisdiction or territory, which is taken to include, but is not limited to the United States of America, or any other jurisdiction where the aforementioned are prohibited.
  • The tokens and/or the holding, use and trading of the token carries no rights, whether express or implied, other than for their use in the Instant application, digital services, and trading on cryptocurrency exchanges (if available), the token does not represent or confer any ownership right or stake, share or security or equivalent rights, intellectual property rights or any other form of participation relating to the Issuer. The tokens do not give you any entitlement to acquire any such interest or entitlement in respect of the Issuer.

17. Limitation of liability

INST Digital SRL and Instant app and our affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

  • your use of the Services or inability to use the Services
    • your access to or inability to access the Services
    • the conduct or content of other users or third parties on or through the Services
    • unauthorised access, use or alteration of your content.

In no event will INST Digital SRL or their affiliates’ aggregate liability for all claims relating to the Services exceed the greater of €100 EUR.

IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL NOT APPLY.

18. Dispute resolution

If any concern, please contact us using information on website www.inst-digital.com. INST Digital SRL will do its best to resolve the issue.

19. Exclusive venue

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and INST Digital SRL agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of Romania, unless this is prohibited by the laws of the country where you reside. You and INST Digital SRL consent to the exclusive jurisdiction of those courts.

20. Choice of law

The laws of Romania govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of Romania to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may apply to those disputes.

21. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

22. Final terms

  • These Terms make up the entire agreement between you and INST Digital SRL and Instant app and supersede any prior agreements.
  • These Terms do not create or confer any third-party beneficiary rights.
  • If we do not enforce a provision in these Terms, it will not be considered a waiver.
  • We reserve all rights not expressly granted to you.
  • You may not transfer any of your rights or obligations under these Terms without our consent.
24 Strada Burnitei, floor 1, Bucharest
+40 742 015031
info@inst-digital.com
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Copyright © 2023 INST. Digital SRL • Registration number: J40/15337/2021
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