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By checking the ‘I Agree with Instaon’s Terms & Conditions’ box, You agree to be bound by these Terms at the date You register as a customer of Instaon.
Instaon SPRL, a company incorporated in Belgium (under company registration number 667685147) with registered office at Dottignies, Belgium, further referred to as “We” or “Instaon” or “Us” or “Our”, and
The party ordering or signing an order to become a Customer of Instaon, further referred to as “Customer” or “You” or “Your”
Each Order shall incorporate all of the terms and conditions of this Agreement, and is also incorporated herein by reference. These terms and conditions (“Terms”) govern your participation in and/or use of Instaon.
1. Description of Instaon
(“Instaon” or “we”) is a proprietary web application software that creates and manages online advertising campaigns with third party advertising networks as described in any Order agreed to by you (the “Services”). Instaon is hosted on our servers, based in Amsterdam and is made available to You through Our website at https://instaon.io/
2. License and Access
Instaon hereby grant You a non-exclusive, non-assignable and non-transferable right during the Term (section 10) to use Instaon in compliance with the Terms and Conditions set forth herein. All rights that are not expressly granted to you are reserved by Instaon.
You are solely responsible for Your use of Instaon and by any of Your employees, agents or any other person, whether authorised or not. You shall not allow any third party to use or gain access to Instaon.
You shall not permit any third party to use or access Instaon and shall use all reasonable security measures to protect against such unauthorised usage and/or access
3. Customer Responsibilities
You shall provide Instaon with true,accurate and current information and shall maintain all account information, ensuring it is true and up-to-date.
You, not Us, shall have sole responsibility for all text, logos and images (“Customer Content”), all advertisements and any website reachable from the advertisements generated using the Services.
You are solely responsible for the accuracy, quality, integrity, legality and intellectual property ownership or tight to us all Customer Data (as defined in 4(1)), and Instaon shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data.
Your content shall comply with all requirements set forth by third party advertising networks, such as but not limiting to Google, Microsoft and Facebook, including the trademark policies, editorial guidelines and creative limitations posted therein. You hereby authorize Instaon to allow Customer Content and advertisements to be published throughout to the advertising networks included in the Services.
If you do not comply with both Third party advertising networks' Terms and Instaon's Terms, any of the following actions may be taken: (1) your ad might be rejected by Third party Advertising network or Instaon; (2) we might suspend or terminate your Instaon account.
When a company or corporate entity, You represent and warrant that Your company or corporate entity is properly incorporated or properly able to perform acts in law.
When acting on behalf of another party (whether they be an individual or a company), You represent and warrant that You have full legal authority to enter into a contract with Us on behalf of that party.
You shall not use Instaon for any illegal, obscene, offensive or immoral purpose.
You shall ensure that all materials provided by You are free from viruses, worms, Trojan horses and other malicious code.
4. Customer Profile and Personal Data
The Customer will be solely responsible for the user name and password of the account. The Customer is responsible for the accuracy and veracity of the personal data provided in the sign up and for future modifications, and must inform of such changes and update them.
We do not own any keyword data, information, performance data, paid search campaigns or material that You submit to Us in the course of Us providing the Service to You (collectively called “Customer Data”).
You hereby grant Us a worldwide, royalty-free, non-exclusive right during the Term (section 10) to use, reproduce, create derivative works of, distribute, perform, transmit and publish your Customer Data for the sole purposes of (i) processing your Customer Data in connection with providing the Services to you; and (ii) storing or hosting the Customer Data in a remote database or on instaon.io website for access by You
Your private Customer Data is accessible only to you and persons explicitly authorized by you, you hereby confirm and agree that Instaon has the right to use your Customer Data in order to compile, analyze and disclose to third parties aggregated metrics, data and trends related to the use of its Services as long as such metrics, data and trends do not contain uniquely identifiable Customer Data You further acknowledge.
For the avoidance of doubt you acknowledge and agree that all data related to your use of the Services, not including Customer Data, shall be owned by Instaon.
5. Instaon Services
We reserve the right to modify Instaon without notice and without liability.
We have no obligation to review Your use of Instaon. We do not control, nor are We to be held responsible for, Your use of Instaon or any other content that You send or receive through Instaon.
6. Intellectual Property and Proprietary Rights
You shall not rent, lease, sublicense, distribute, transfer, copy or modify Instaon.
You shall not adapt Instaon in any way or use it to create a derivative work.
You shall not translate, decompile, or create or attempt to create, by way of reverse engineering or otherwise, the source code of Instaon.
All algorithms, Artificial Intelligence, methods of computation and data processed by Instaon to create, optimize and measure advertising campaigns or any other data of statistical nature necessary for the proper functioning of Instaon or a feature thereof (“Processed Data”), are and shall remain Our sole and exclusive property, including all applicable rights to patents, copyrights, trademarks, trade secrets, or other proprietary or intellectual property rights inherent therein or appurtenant thereto. We reserve all rights not expressly granted to You herein.
7. Privacy & Confidentiality
You agree that during the course of this Agreement, information that is confidential or proprietary may be disclosed between us including but not limited to: software, technical processes, formulas, source code, sales, costs, other unpublished financial information, product and business plans, advertising revenues, usage rates, advertising relationships, projections, and marketing data (“Confidential Information”).You shall not sell, transfer, publish, disclose, display, or otherwise make available any portion of the Confidential Information to others except as expressly provided for herein. You agree to secure and protect the Confidential Information in a manner consistent with the maintenance of Our rights therein. You shall use Your best efforts to assist Us in identifying and preventing any unauthorised access, use, copying, or disclosure of the Confidential Information, or any component thereof, or any of the algorithms or logic contained therein. Without limitation of the foregoing, You shall advise Us immediately in the event that You learn or have reason to believe that any person to whom You have given access to the Confidential Information has violated or intends to violate the confidentiality of the Confidential Information or any of Our proprietary rights. You will, at Your expense, cooperate with Us in seeking injunctive or other equitable relief in the name of You or Us against any such person. You agree to maintain the confidentiality of the Confidential Information using at least as great a degree of care asYou use to maintain the confidentiality of Your own confidential information, and in no event less than a reasonable degree of care.
You acknowledge that the disclosure of any aspect of the Confidential Information or any other Confidential Information referred to herein, or any information which, at law or equity ought to remain confidential, will immediately give rise to continuing irreparable injury to Us inadequately compensable in damages to law, and We are entitled to seek and obtain immediate injunctive relief against the breach or threatened breach of any of the foregoing confidentiality undertakings, in addition to any other legal remedies which may be available. In addition,We may immediately terminate Your account and all license rights granted herein, in the event You breach any of Your confidentiality obligations.
8. Payment and Fees
Pricing is based on Your chosen plan, and reflects the offering shown on Our website at the time You entered into this agreement.
You must provide Instaon with a valid credit card or bank automatic clearing house validation as a condition to signing up for the Services. You represent that you are authorized to provide any credit card or bank account information you use to sign up for the Services.
You shall pay all fees to your account in accordance with the fees and billing terms in the applicable Order.
The first billing period begins on the date of registration as an Instaon customer and ends the day before the date of the following month that corresponds to the date of registration. Subsequent billing periods shall begin on the date of each month that corresponds to the date of registration and end the day before that date in the following month.
Instaon's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. Instaon reserves the right to suspend the Services if you are late paying the fees for an Order.
If You use Instaon's Advertising Buying Feature, an additional 10% fee of your monthly consumed Advertising credits will be charged (See section 9.)
9. Advertising Buying Feature
Advertising Buying Through Instaon allows you quickly and easily to create Third party Ad accounts & purchase Google, Microsoft, Facebook and Instagram advertisements from within your Instaon account (collectively, the “Advertising Buying Feature”).
The Advertising Buying Feature is an add-on to your Instaon account and will be billed as such. When creating an advertising campaign through the Advertising Buying Feature, you will be asked to select a maximum budget for your advertising campaign. You agree to pay the amount chosen as your maximum budget up front, and your credit card will be charged for this amount in its entirety. Ads will then be placed by Google, Microsoft or Facebook(including Instagram) on Your behalf according to the criteria you select using the Advertising Buying Feature until your maximum budget is reached. In certain circumstances, however, your entire budget may not be exhausted. Any unused portion of your budget will be credited to your account as an “Advertising Credits (Balance)” and may be used toward the purchase of future advertising campaigns with the Advertising Buying Feature. Advertising Credits may not be used to purchase or pay for other Instaon services. Advertising Credits do not expire.
If You use Instaon's Advertising Buying Feature on top of the Services, Instaon will ask a 10% fee of your monthly consumed Advertising Credits. These fees are on top of Your chosen management plan (see section 8.)
Instaon may refuse service or limit, suspend, or terminate your access to the Advertising Buying Feature at any time, with or without cause.You may discontinue your use of the Advertising Buying Feature at any time. The Advertising Buying Feature allows you to create, purchase, and manage Google, Microsoft Facebook and Instagram ads, from your Instaon account. By using the Advertising Buying Feature, you also agree to comply with Google, Microsoft & Facebook’s Advertising Policies, Terms of Service, and Commercial Terms. Google, Microsoft, Facebook and Instagram are not affiliates, partners, agents, or representatives of Instaon. You understand and agree that Instaon is an independent third party and has no right, responsibility, or ability to control, direct, or influence any action, inaction, conduct, or decision made by Google, Microsoft, Facebook or Instagram.
These Terms are effective as long as You are a registered user of Instaon. We will provide the services to You on a month-to-month basis.
Either You or Us (“Party”) may terminate this agreement at any time by providing notice to the other Party. Regardless of the circumstances such termination shall not give rise to liability.
In the event of any termination, You shall not be entitled to any refunds of any fees. Any outstanding balance for Your use of Instaon rendered through the date of termination, and any other unpaid payment obligations incurred during the remainder of the billing period, shall be immediately due and payable in full. All data, files, or other information stored in Your account shall not longer be available to You.
The termination of this agreement shall automatically, and without further action by Us, terminate and extinguish Your right to use Instaon.
12. Disclaimer of Warranties
Instaon, OUR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, ADVISORS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, VENDORS, USERS AND AGENTS (COLLECTIVELY “THE INSTAON PARTIES”) ARE NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES (INCLUDING CLIENTS).
THE INSTAON PARTIES DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING (A) THE SUCCESS OF INSTAON (B)THE ERROR-FREE, DISRUPTION-FREE OR INTERRUPTION-FREE NATURE OF INSTAON, (C) THE REQUIREMENTS OR EXPECTATIONS OF THE SERVICES, OR (D) THE PRODUCTS, SERVICES, INFORMATION, LEADS OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. THE PLATFORM IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” WITHOUT WARRANTY, OF ANY KIND, AND ANY USE BY YOU SHALL BE AT YOUR SOLE RISK. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INSTAON AND ITS LICENSORS.
13. Limitation of Liability
IN NO EVENT SHALL THE INSTAON PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE INSTAON, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL, CUMULATIVE LIABILITY OF THE INSTAON PARTIES FOR ANY DIRECT DAMAGES INCURRED HEREUNDER SHALL NOT EXCEED FORTY-NINE EURO (€49.00).
14. General condition changes
Registered Customers will receive the changes made in the general conditions by email. Customers can download the general conditions of Instaon as well as print them on their computer.
15.Law and Jurisdiction
The Customer accepts at all times the use and application of the law in force under the Belgian legislation The area of jurisdiction of Instaon is Belgium and any litigation of a legal-administrative nature will be resolved in the courts of Brussels, Belgium. The Customer agrees to be in compliance with these general conditions for the use and enjoyment of the services offered by Instaon and its website https://instaon.io