'Instaclean' General Terms and License Agreement!
As a condition of use, you promise not to use the Services provided by Instaclean for any purpose that is unlawful or prohibited by the Terms and Conditions. If you do not agree with the terms and conditions, you may not download, install or use the Instaclean application.
If you do not agree to be bound by below terms, you may not download, install, or use the app.
Acceptance of the Terms and Conditions
This Terms and Conditions (“terms”) apply to any access or use of Instaclean, including downloading and installing the software application (“app”).
In case of any inconsistency between any other separate arrangement and these terms, then the provision of these terms shall prevail.
More specifically, by downloading, installing or using the app you acknowledge and agree that:
1. The functioning of your chosen device in conjunction with the app is your responsibility;
2. The app is licensed, not sold to you and you may use the app only as set forth in these terms;
Changes to the terms
We may revise and update these terms from time to time in our sole discretion. In case of material changes we will notify you of the change by contacting you at the e-mail you have provided us or generate a pop-up notification when you access the app or this website.
Currently valid terms are always made available on this website.
Conditioned upon your compliance with the terms and conditions of these Terms, Instaclean hereby grants to you a limited, revocable, non-exclusive, personal, non-sublicensable, non-transferable, non-assignable license to install and use the executable form of the App solely for your personal use on a device (whether mobile device or other) owned or controlled by you. Instaclean reserves all rights in the App not expressly granted to you in these Terms.
Phone settings and install procedures
As part of the installation process of the App, you may be changing your mobile device settings. By installing the App, you agree you have approved such changes. Such changes may include, without limitation, the following:
1. Allowing software updates of the App once a new version is released and receiving notifications from the App.
2. Allowing Instaclean access to location-based information.
3. To uninstall the App, you may use the standard uninstall procedures offered by your device’s operating system.
4. Access to your mobile contact information
Use of app
You may not use the App in any manner that could: (i) damage, disable, overburden, or impair the App (or any server or networks connected to the App), or (ii) interfere with any third party’s use of the App (or any server or networks connected to the App).
Except as expressly specified in this Terms, you may not: (a) copy or modify the App; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the App to any third party; or (c) use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
You acknowledge and agree that portions of the App, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of Instaclean and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the App provided in object code or any other Instaclean products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
Open Source Software
Any Open Source Software that may be accompanying the App is provided to you by third parties under the terms of the open source license agreement or copyright notice accompanying such Open Source Software or in the open source licenses file accompanying the Software. As used herein “Open Source Software” mean open source software components provided with the App that are licensed to you under the terms of the applicable license agreements included with such open source software components or other materials for the App. These terms do not apply to any Open Source Software accompanying the app and Instaclean hereby disclaims any and all liability to you or any third party related thereto.
Intellectual Property Rights
The software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code and all other elements of the app (“Instaclean materials”), are protected under Estonian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
All Instaclean Materials, including intellectual property rights therein and thereto, are the property of Instaclean or its subsidiaries or affiliated companies and/or third-party licensors. Instaclean reserves all rights not expressly granted in this Terms. You shall not acquire any right, title or interest to the Instaclean Materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in this Terms.
The app is provided on an “as is” basis, without warranty of any kind. to the maximum extent permitted by applicable law, Instaclean disclaims all warranties, express, implied, statutory or otherwise, including but not limited to implied warranties of fitness for a particular purpose, merchantability, title, quality, and non infringement. Instaclean expressly disclaims any warranties of any kind with respect to the accuracy, validity, or completeness of any information or features available through the service, or the quality or consistency of the service.
Under no circumstances will Instaclean, its officers, directors, employees, agents or licensors be liable to you or anyone else for any loss or injury or any direct, indirect, special or other consequential damages arising out of or in connection with your access or use of, or inability to access or use the service and any information available thereon, even if Instaclean has been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy. in no event will Instaclean’s total cumulative liability arising from or related to your use of the service, whether in contract or tort, exceed two thousand five hundred euros( EUR 2500). if your jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, but will be at the maximum of the fees paid by you in the past three months.
To the maximum extent permitted by law, you agree to defend, indemnify and hold Instaclean and its affiliates, officers, directors, employees, agents, and licensors harmless from any and all claims, suits, losses, liability, costs or expenses (including, but not limited to reasonable attorney’s fees) arising from or incurred as a result of your use of the App or any breach by you of this Terms.
These Terms and all the policies referenced herein constitute the entire agreement between Instaclean and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Instaclean.
The section titles in these Terms are provided solely for convenience and have no legal or contractual significance.
These Terms shall be governed by and interpreted under the laws of the State of Karnataka regardless of your country of origin or where you access the Services, and without regard to its conflicts of law’s provisions. All actions relating to this Terms and the App shall be brought to the courts in Estonia.
The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
If for any reason a court of competent jurisdiction finds any provision of his Terms or portion thereof, to be unlawful, void or unenforceable, that provision of this Terms shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Terms shall continue in full force and effect.
You may not assign your rights under this Terms to any party without Instaclean’s consent.
During the term the Services shall be provided by Instaclean in accordance with the timeline, if any, set forth on such Terms. You shall be responsible for maintaining a working email account with the rights to use it for your own use. If you are using an email service governed by corporate or group policy then you shall alone be responsible to procure necessary approvals.
Fees, tax and Service Charges. You shall pay all fees and taxes and levies in accordance to the subscription chosen in accordance with the pricing set forth for the Services. You shall make payments to Instaclean in accordance with such payment schedule and within thirty (30) days after receipt of an accurate invoice from Instaclean showing the value of the Services. You shall also pay any sales, use, value-added, or other tax or charge imposed by any governmental entity upon the sale, use or receipt of the Services.
With respect to any fees and payment if any feature(s), are to be installed by Instaclean, Instaclean shall install or activate such additional feature or services. You shall be responsible for preparation and maintenance of the app for such as maintaining adequate data connection and payment and fees are not as a part of this Terms.
Except as expressly stated in this terms or these general terms and conditions, Instaclean does not make, and hereby disclaims, any and all express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non infringement and title, and any warranties arising from a course of dealing, usage or trade practice.
Neither this Terms nor any other agreement shall create, nor shall be represented by either party hereto to create, a partnership, joint venture, employer- employee, master-servant, principal-agent, or other relationship whatsoever between the parties hereto.
This Terms shall benefit and be binding upon the parties hereto and their respective successors and assigns.
Neither party hereto shall be deemed in default of this Terms or these General Terms and Conditions to the extent that performance of its obligations (other than an obligation of payment) or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, civil disturbance, terrorism, acts or omissions of suppliers and other third parties, act of government, strikes, unavailability of material, facilities, telecommunications services or supplies or any other cause beyond the reasonable control of such party (each, a “Force Majeure Event”).
No Criminal Liability
Services provided by Instaclean is a limited service and it only technically augments the analytics, reporting and consolidation through the features provided in the app. It does not replace the need for actual book keeping or specialized accounting standards. Instaclean also does not have control over third party services that it may rely on to provide the services and other external factors and is not liable for any misdemeanor of any third person for any mischief or criminal wrong doings and will not be liable under any circumstances. You expressly consent that Instaclean or its entities, employees or stakeholders will not be subjected for any proceeding under this clause. However, Instaclean will extend all commercially reasonable assistance, if any such incident is brought to its notice.
In the event that any provision of this Terms, or any word, phrase, clause, sentence or other provision thereof, should be held to be unenforceable or invalid for any reason, such provision or portion thereof shall be modified or deleted in such a manner so as to make them legal and enforceable to the fullest extent permitted under applicable laws.
These Terms and other privacy and data policies thereto constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, purchase orders, understandings and negotiations, whether oral or written, between the parties here to with respect to such subject matter.