Last updated: March 14, 2023 Welcome and thank you for your interest in Instasorteos. ("Instasorteos", "we", or "us") and our websites at instagiveaways.com and instagiveaways.co, together with our related websites, networks, applications, mobile applications and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and Instasorteos regarding your use of the Service. Please read the following terms carefully BY CLICKING "I ACCEPT", OR BY DOWNLOADING, INSTALLING OR ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION OF YOUR USE OF THE SERVICE, AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING INSTASORTEOS' PRIVACY POLICY AND ANY ADDITIONAL TERMS AND POLICIES THAT INSTASORTEOS MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE "TERMS"). If you are not eligible or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND INSTASORTEOS' PROVISION OF THE SERVICE, CONSTITUTES AN AGREEMENT BY INSTASORTEOS AND YOU TO BE BOUND BY THESE TERMS. Notice of arbitration Except for certain types of disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY AGREEING TO THESE TERMS, YOU AND INSTASORTEOS ARE EACH WAIVING THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO WAIVE YOUR RIGHT TO GO TO COURT to assert or defend your rights under this agreement (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 16.) 1. Overview of the Instasorteos service The Service provides a digital marketing management tool that allows users to create and manage contests on social networks. 2. Eligibility You must be at least [18] years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least [18] years old; (b) you have not been previously suspended or removed from the Service; and (c) your registration and your use of the Service comply with any and all applicable laws and regulations. If you are an entity, organization, or business, the person agreeing to these Terms on your behalf represents and warrants that they have the authority to bind you to these Terms, and references to you herein (and all of your obligations hereunder) shall refer to such entity and any individual using the Service on such entity's behalf. 3. Accounts and registration To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with certain information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, you must immediately notify us at support@instasorteos.com 4. General payment terms Premium features of the Service will require you to pay fees upon registration for the applicable premium service. Before paying any fees, you will have the opportunity to review and accept the fees that will be charged to you. All fees are quoted in U.S. dollars and are non-refundable. Fees vary by plan, with different pricing schemes for individual users and organizations. 4.1 Price Instasorteos reserves the right to determine the price of the Service. Instasorteos will make reasonable efforts to keep the pricing information posted on the website up to date. We encourage you to check our website periodically for updated pricing information, which is located here: https://instasorteos.com/. Instasorteos may change the rates for any feature of the Service, including additional fees or charges, if Instasorteos provides you with advance notice of the changes before they take effect. Instasorteos, in its sole discretion, may make promotional offers with different features and different prices to any of Instasorteos' customers. These promotional offers, unless made to you, will not apply to your offer or these Terms. 4.2 Authorization You authorize Instasorteos to charge all amounts for orders you place and any Service level you select as described in these Terms or published by Instasorteos, to the payment method specified in your account. If you pay any charges with a credit card, Instasorteos may request a pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or available credit to cover your purchase. 4.3 Subscription Service and Cancellation Policy The Service may include automatic recurring payments for periodic charges ("Subscription Service"). If you activate a Subscription Service, you authorize Instasorteos to periodically charge, in the future and until you cancel the recurring payments or your account, all accrued sums on or before the due date for payment of the accrued sums. The "Subscription Billing Date" is the date you purchase your first subscription to the Service. For information on the "subscription fee," please see our pricing page. Your account will be automatically charged on the Subscription Billing Date for all applicable fees for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews to avoid billing of the next periodic subscription fee to your account. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your account settings at: www.instasorteos.com/settings/billing and clicking on the "Cancel Plan" option or by contacting us at: support@instasorteos.com Seasonal discounts may be applied to subscription plans for which information is available on the page https://instasorteos.com/ These seasonal discounts may be applied to users' plans automatically during the first subscription or may be entered manually during the periods allowed by the system. For example, for a 10 USD package subscription, discounted subscriptions may be started with a price of 5 USD and a validity of 1 month. If the discount amount is for 1 month, the user continues to pay for the plans they are subscribed to, without discount. 4.4 Delinquent accounts Instasorteos may suspend or terminate access to the Service for any account for which any amount is owed but unpaid. In addition to the amount owed for the Service, a delinquent account will be charged fees or charges that are incidental to any chargeback or collection of any unpaid amount, including collection fees. 5. Licenses 5.1 Permission of use Subject to your full and continued compliance with these Terms, Instasorteos grants you a limited, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal internal use during the Term at the service level for which you have paid all applicable Fees. 5.2 Restrictions Except and solely to the extent such restriction is not permissible under applicable law, you may not: (a) reproduce, distribute, publicly display or publicly perform the Service; (b) make any modifications to the Service; or (c) interfere with or circumvent any features of the Service, including any security or access control mechanisms. If applicable law prohibits you from using the Service, you may not use it. You may not use the Service on behalf of any third party, or in a service bureau or similar capacity. 5.3 Comments If you choose to provide information and suggestions regarding problems or proposed modifications or improvements to the Service ("Feedback"), you hereby grant Instasorteos an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. 6. Property; Property rights The Service is owned and operated by Instasorteos. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, templates, and all other elements of the Service ("Materials") provided by Instasorteos are protected by intellectual property and other laws. All Materials included in the Service are the property of Instasorteos or its third-party licensors. Except as expressly authorized by Instasorteos, you may not make any use of the Materials. Instasorteos reserves all rights in the Materials not expressly granted in these Terms. 7. Third Party Terms 7.1 Third-party services and linked websites Instasorteos provides tools through the Service that allow you to import and export information, including Contest User information, to and from third-party services, including through features that allow you to link your account on Instasorteos with an account on third-party digital marketing platforms, such as Meta Ads or Google Ads. By using one of these tools, you agree that Instasorteos may transfer that information to and from the applicable third-party service. Third-party services are not under the control of Instasorteos, and Instasorteos is not responsible for any use of your exported information by any third-party service. The Service may also contain links to third-party websites. The linked websites are not under the control of Instasorteos, and Instasorteos is not responsible for your Contest. 7.2 Third-party software The Service may include or incorporate third party software components that are generally available for free under licenses that grant recipients broad rights to copy, modify, and distribute such components ("Third Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under applicable third party licenses or limit your use of Third Party Components under those third party licenses. 8. User Contest 8.1 Limited License Grant to Other Users By providing the User Contest to other users of the Service or through the Service, you grant those users a non-exclusive license to access and use that User Contest as permitted by these Terms and the functionality of the Service. 8.2 User Contest Representations and Warranties Instasorteos disclaims all liability in connection with the User Contest. You are solely responsible for your User Contest and the consequences of providing User Contest through the Service. By providing User Contest through the Service, you affirm, represent and warrant that: a) you are the creator and owner of the User Contest, or you have the necessary licenses, rights, consents and permissions to authorize Instasorteos and the users of the Service to use and distribute your User Contest as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Instasorteos, the Service and these Terms; b) your User Contest, and your use of your User Contest as contemplated by these Terms, does not: (i) infringe, violate or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right; (ii) slander, defame, libel or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Instasorteos to violate any law or regulation; and c) your User Contest cannot be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate. d) your User Contest does not and will not contain Hate Contest, Threat of Physical Harm or Harassment The following serves as a guide to help generally illustrate the types of Contests that fall within the scope of Instasorteos' policy on Hateful Contest, Threats of Physical Harm, and Harassment, but is not exhaustive. This Section 8.4(d) does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Contest may not include, and Instasorteos may remove or refuse to create or manage, any User Contest that violates the terms or policies of any third-party platform with which the Instasorteos Services integrate or interact. Hateful contest includes: Any statement, image, photograph or other Contest that, in our sole judgment, may reasonably be perceived as harmful, threatening, degrading, promotes harassment, promotes intimidation or promotes abuse of others for any reason, including on the basis of race, gender or gender identity, national origin, sexual orientation, religion or otherwise. A threat of physical harm includes: Any statement, photograph, content or other Contest that, in our sole judgment, may reasonably be perceived as threatening, advocating or inciting physical harm or violence against others, including references to current or historical figures. Harassment includes:
Revealing someone's personal information, also known as "doxxing."
Online stalking and harassment. • Wishes for physical harm directed at a person or people.
Inciting others to any of the above. We reserve the right to suspend or terminate accounts and remove individual posts that contain hate speech, a threat of physical harm, or harassment. We may also suspend or terminate your account if we determine, in our sole discretion, that you are:
An organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding principles include statements or principles that could reasonably be perceived as advocating, encouraging, or sponsoring hateful Contests, Harassment, or Threats of Physical Harm.
A person or organization that has acted in such a way that could reasonably be perceived as supporting, condoning, encouraging or representing hate competition, harassment or a threat of physical harm. Without limiting the foregoing, we reserve the right to filter, remove, edit or block any User Contest that we find to be in violation of the Terms or that we find, in our sole discretion, to be objectionable.
8.3 User Contest Disclaimer We have no obligation to edit or monitor the User Contest that you or other users create or post, and we will not be in any way responsible for the User Contest. However, Instasorteos may, at any time and without notice, filter, remove, edit or block any User Contest that, in our sole discretion, violates these Terms or is otherwise objectionable. You understand that by using the Service you will be exposed to User Contests from a variety of sources and acknowledge that User Contests may be inaccurate, offensive, indecent or objectionable. You agree to waive, and do waive, any legal or equitable rights or remedies you have or may have against Instasorteos with respect to the User Contest. If a user or Contest owner notifies us that the User Contest allegedly does not comply with these Terms, we may investigate the allegation and determine, in our sole discretion, whether to remove the User Contest, which we reserve the right to do at any time and without notice. For clarity, Instasorteos does not permit copyright infringing activities on the Service. 8.4 Follow-up contest Instasorteos does not control and has no obligation to monitor: (a) any User Contest; (ii) any Contest made available by third parties; or (iii) the use of the Service by its users. You acknowledge and agree that Instasorteos reserves the right to, and may, from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Instasorteos chooses to monitor the Contest, Instasorteos still assumes no responsibility or liability for the Contest or any loss or damage incurred as a result of use of the Contest. During monitoring, information may be examined, recorded, copied and used in accordance with our Privacy Policy. 9. Prohibited Conduct BY USING THE SERVICE YOU AGREE NOT TO:
use the Service for any illegal purpose or in violation of any local, state, national or international law; • violate, or encourage others to violate, any third party rights, including by violating or misappropriating any third party's intellectual property rights;
interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any Contest; (ii) reverse engineering or otherwise attempting to discover the source code of any part of the Service, except to the extent that such activity is expressly permitted by applicable law; or (iii) hacking, password “mining,” or using any other illegitimate means of interference; • modifying or creating derivatives of any part of the Service;
interfere with the operation of the Service or any user's enjoyment of the Service, including by: (i) uploading or disseminating any virus, adware, spyware, worm or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or a third party without consent; or (iv) interfering with or disrupting any network, equipment or server connected to or used to provide the Service;
engage in any fraudulent activity, including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service, Instasorteos' systems or networks, or any systems or networks connected to the Service or Instasorteos; • sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access or use any Materials; or
attempt to do any of the acts described in this Section 9 or assist or permit any person to engage in any of the acts described in this Section 9.
10. Modification of these Terms We reserve the right to change these Terms in the future at any time. Please check these Terms periodically for changes. Modifications will become effective upon (a) your acceptance of the modified Terms, (b) your use of the Service with actual knowledge of the modified Terms, or (c) thirty (30) days after our posting of the modified Terms through the Service. Except as expressly permitted in this Section 10, these Terms may be modified only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. 11. Term, Termination and Modification of Service 11.1 Term These Terms are effective from the moment you accept the Terms or first download, install, access or use the Service, and terminate when you terminate as described in Section 11.2 Termination If you violate any provision of these Terms, your authorization to access the Service and these Terms will automatically terminate. In addition, Instasorteos may, in its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time and for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time as provided in Section 4.3 or by contacting customer support at support@instasorteos.com 11.3 Effect of termination Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you are no longer authorized to access your account or the Service; (c) you must pay Instasorteos any outstanding amounts owed prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.3, 6, 11.3, 12, 13, 14, and 15 will survive. 11.4 Modification of the Service Instasorteos reserves the right to modify or discontinue the Service at any time (including limiting or discontinuing certain features of the Service), temporarily or permanently, without notice. Instasorteos will have no liability for any changes to the Service or any suspension or termination of your access to or use of the Service. Premium service fees are non-refundable. 12. Compensation You are responsible for your use of the Service, and you will defend and indemnify Instasorteos and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (collectively, the "Instasorteos Entities") from and against each claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or related to: (a) your use or misuse of the Service; (b) your violation of any part of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of such claims. 13. Disclaimers; No Warranties THE SERVICE AND ALL MATERIALS AND CONTESTS AVAILABLE THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INSTASORTEOS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTESTS AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. INSTASORTEOS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTEST OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND INSTASORTEOS DOES NOT WARRANT THAT ANY SUCH PROBLEMS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THE INSTASORTEOS ENTITIES OR ANY MATERIALS OR CONTEST AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY WITH RESPECT TO ANY OF THE INSTASORTEOS ENTITIES OR THE SERVICE OTHER THAN AS EXPRESSLY STATED IN THESE TERMS. WE ARE NOT LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM THE SERVICE AND YOUR DEALINGS WITH ANY OTHER USER OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER DATA. HOWEVER, INSTASORTEOS DOES NOT WAIVE ANY WARRANTIES OR OTHER RIGHTS THAT INSTASORTEOS IS PROHIBITED FROM WAIVING UNDER APPLICABLE LAW. 14. Limitation of liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE INSTASORTEOS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTESTS ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY INSTASORTEOS ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HAS INSTASORTEOS BEEN INFORMED OR NOT OF THE POSSIBILITY OF HARM. EXCEPT AS PROVIDED IN SECTION 15.4(iii) AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE INSTASORTEOS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID INSTASORTEOS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM; OR (B) $1. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. 15. General Terms These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, constitute the entire and exclusive understanding and agreement between you and Instasorteos with respect to your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. Our failure to require performance of any provision shall not affect our right to require performance at any other time thereafter, nor shall a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. The use of section headings in these Terms is for convenience only and shall have no impact on the interpretation of any provision. Throughout these Terms, the use of the word "including" means "including but not limited to." If any part of these Terms is held invalid or unenforceable, the unenforceable part will be enforced to the maximum extent possible, and the remaining parts will remain in full force and effect. 15.1 Consent to electronic communications By using the Service, you consent to receive certain electronic communications from us as more fully described in our Privacy Policy. Please read our Privacy Policy for more information about our electronic communications practices. You agree that all notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. 15.2 Contact information You can contact us by sending us an email to contacto@instasorteos.com