Last Updated: June 5, 2024
These Terms and Conditions ("Terms") govern your use of the Instama platform (the "Service") provided by Instama, a company registered at Bakenesserstraat 12, 2011JJ Haarlem, The Netherlands ("Instama", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms.
All data, content, brand materials, assets, and other materials you upload to or generate through the Service ("Client Data") remain your sole property. You retain full ownership and responsibility for all Client Data at all times. Instama does not claim any rights, title, or interest in or to your Client Data.
Instama treats all Client Data as strictly confidential. We do not access, use, share, or disclose Client Data to any third party without your explicit prior written consent, unless required by law.
Instama will not use Client Data (other than for the purpose of providing the Service) to:
These activities will not occur without explicit permission from the client or outside the scope or purpose agreed upon with the client.
This restriction also applies to any third-party providers we engage, including AI service providers. Any such third parties will be contractually bound by the same confidentiality and data usage restrictions as outlined in these Terms.
Client Data is stored using industry-standard security measures, including:
Access to Client Data is limited to authorized personnel solely for operational or support purposes and is subject to strict confidentiality obligations.
Instama aims to maintain a monthly uptime of 99.5%, excluding periods of scheduled maintenance or circumstances beyond our reasonable control.
Scheduled maintenance will typically occur during off-peak hours and will be communicated in advance where possible. Emergency maintenance may be performed without prior notice.
Support is available via email at hello@instama.co. We aim to respond within one business day.
While we strive for high availability, we do not guarantee uninterrupted access to the Service and are not liable for outages or disruptions caused by external factors.
You retain all intellectual property rights in your Client Data. Instama does not claim any ownership over any content you create or upload.
All rights, title, and interest in and to the Instama platform, including software, design, algorithms, and related intellectual property, remain the exclusive property of Instama.
Instama may use subprocessors to provide certain aspects of the Service. All subprocessors are contractually bound to confidentiality and data protection obligations consistent with these Terms and applicable data protection laws.
You may terminate your account in accordance with your individual contract or service agreement.
Upon termination or upon written request, Instama will permanently delete all Client Data from its systems within 30 days, unless otherwise agreed or required by law. You may request a data export prior to deletion.
Termination of the Service does not affect any outstanding financial obligations under your agreement. No refunds will be provided unless explicitly agreed otherwise.
For the purposes of the General Data Protection Regulation (GDPR), you are the Data Controller and Instama is the Data Processor.
Instama shall:
You are responsible for responding to requests from data subjects. Instama will provide reasonable support upon request.
Instama reserves the right to update these Terms. Material changes will be communicated in advance. Continued use of the Service following such updates constitutes your acceptance of the revised Terms.
These Terms are governed by Dutch law. Any disputes arising out of or relating to these Terms or the Service will be submitted to the exclusive jurisdiction of the courts in Amsterdam, The Netherlands.
Instama
Bakenesserstraat 12
2011JJ Haarlem, The Netherlands
Email: hello@instama.co