Insto Terms of Service

Updated on May 31, 2024

This Insto Terms of Service (“T&S”) is the agreement between you and INSTO, LLC. (“Insto,” “we,” “our” or “us”) and governs your use of Insto’s services, including the Website, APP Platform services, or any related applications (including but not limited to mobile versions, desktop versions, web versions, or API versions) owned and operated by us (collectively, the “Services”). By using any of the Services, you agree to this T&S and any policies referenced within. If you are using the Services on behalf of a business, you represent to us that you have authority to bind that business or entity to the T&S, and that business accepts the T&S. You should read this T&S carefully.

  1. Account
  1. Accurate Information. To use the Services, you need to register an account with us. You must provide accurate and complete information during the registration process, and you must keep that information current.
  2. Eligibility. You must at least be 18 years old to use our Services. We may suspend or terminate your account if we found that you are underaged.
  3. Neutral Third Party. We will act as a neutral third party and will not participate or intervene in your business operations or the trading relationship between you and your customers. Insto has no partnership, employment, mutual agency, distribution, or other appointment relationship with you as our user. Therefore, if there is any dispute between you and your customer, you should resolve it yourselves.
  4. We reserve the right to change the account type, suspend or terminate the account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements.
  1. Third Party Terms
  1. Insto is not a bank or financial institution and cannot provide financial transfer services directly to our users. The money received through this service is not a deposit and Insto does not pay any interest or yield. The payments of your transactions will be processed by our payment processing partners. To use our Services, you also agree to be bound by the Terms of our partners. If you do not agree to the Terms of our partners, or violate any of the said Terms, your account may be suspended or terminated.
  2. If you are an individual user, you agree to Quantum Electronic Payments’ Service Contract.
  3. If you are a business of any kind, you agree to Elavon’s Merchant Agreement.
  1. Restrictions
  1. Except where prohibited by law, you may not, nor may you permit any third party, directly or indirectly, to:
  1. engage in any activity that may be in violation of any laws, rules, or regulations. Prohibited activity includes but is not limited to the provision of Services to or for the benefit of a jurisdiction, entity, or individual blocked or prohibited by relevant sanctions authorities;
  2. access or monitor any material or information on any of our systems using any manual process or robot, spider, scraper, or other automated means;
  3. except to the extent that any restriction is expressly prohibited by law, violate the restrictions in any robot exclusion headers on any Service, work around, bypass, or circumvent any of the technical limitations of the Services, use any tool to enable features or functionalities that are otherwise disabled in the Services, or decompile, disassemble or otherwise reverse engineer the Services;
  4. perform or attempt to perform any actions that would interfere with the proper working of the Services;
  5. use and benefit from the Services via a rental, lease, timesharing, service bureau or other arrangement;
  6. transfer any rights granted to you under the T&S;
  7. use the Services to engage in any Prohibited and Restricted Businesses;
  1. To maintain and enhance the security of transactions, we may set a monthly limit on the amount of money that can be received. If the monthly payment limit has been reached, you will not be able to continue conducting transactions through our Services. You shall not claim for any reason to us for any loss of revenue, loss of business, or claim for damages.
  2. We may ask you for transaction information in order to ascertain the accuracy of the transaction information. You have the obligation to make a detailed statement and provide the necessary documents within two days. You shall keep the transaction related documents (including but not limited to shipping consignment notes, purchase certificates, invoice stubs, etc.) for at least five years. If you provide late, incomplete or false information, we reserve the right to terminate your account or the Services.
  3. You may accept credit card payments only on the basis of actual goods or services transactions, and may not accept or involve in the transfer of funds, advance financing or non-business transactions that are not based on actual transactions.
  4. If found to be in violation of the above restrictions, your account could be terminated and your funds could be held for an indefinite period of time.
  5. If we reasonably suspect that your account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your account, and any of your transactions with law enforcement.
  1. Compatibility

We do not warrant that the Services will be compatible with your mobile device or carrier. Your use of the Services may be subject to the terms of your agreements with your mobile device manufacturer or your carrier.

  1. Security
  1. We have implemented technical and organizational measures to secure your personal information from accidental destruction, loss, alteration and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge and agree to provide your personal information at your own risk.
  2. You are solely responsible for safeguarding your password and for restricting access to the Services from your devices. You shall immediately notify us of any unauthorized use of your password or account or any other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with us and provide all information requested by us to remediate the breach. Any assistance provided by us in relation to a security breach does not in any way operate as acceptance or acknowledgement that we are in any way responsible or liable to you or any other party in connection with such breach.
  1. Privacy

Please refer to our Privacy Policy to understand the issues regarding the collects, uses and protect of your personal information.

  1. E-Sign

We may provide disclosures and notices required by law and other information about your account to you electronically, by posting it on our website, pushing notifications through the Services, or by emailing it to the email address listed in your account or that you otherwise provided to us. Electronic disclosures and notices have the same meaning and effect as if we had provided you with paper copies. Such disclosures and notices are considered received by you within twenty four (24) hours of the time posted to our website, or within twenty four (24) hours of the time emailed to you unless we receive notice that the email was not delivered. If you wish to withdraw your consent to receiving electronic communications, please contact our customer service agent. If we are not able to support your request, you may need to terminate your account.

  1. Your Content
  1. The Services may include functionality for uploading or providing suggestions, recommendations, feedback, stories, photos, documents, logos, products, loyalty programs, promotions, advertisements and other materials or information (“Content”).
  2. You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your Content throughout the world in any media for any reason, including to provide, promote, and/or incorporate into the Services. You retain all rights in your Content, subject to the rights you granted to us in the T&S. You may modify or remove your Content via your account or by terminating your account, but your Content may persist in historical, archived or cached copies and versions thereof available on or through the Services.
  3. You will not upload or provide Content or otherwise post, transmit, distribute, or disseminate through the Services any material that: (a) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, libelous, threatening, harassing, hateful, abusive, or inflammatory; (b) encourages conduct that would be considered a criminal offense or gives rise to civil liability; (c) breaches or infringes any duty toward or rights of any person or entity, including rights of publicity, privacy or Intellectual Property Rights; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with us or our partners’ products and services, as determined by us in our sole discretion; or (f) in our sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Services, or which may expose us, our affiliates or its customers or other persons to harm or liability of any nature.
  4. Although we have no obligation to monitor any Content, we have absolute discretion to remove Content at any time and for any reason without notice. We may also monitor such Content to detect and prevent fraudulent activity or violations of the T&S. You understand that by using the Services, you may be exposed to Content that is offensive, indecent, or objectionable. We take no responsibility and assume no liability for any Content, including any loss or damage to any of your Content.
  1. Copyright and Trademark Infringement

We respect the intellectual property rights of others and require you to do the same. We respond to all valid notices of such infringement, and may suspend or terminate the accounts of repeat infringers.

  1. Communications
  1. You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for a Insto account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
  2. You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may opt-out of text messages from Insto by replying STOP.  You acknowledge that opting out of receiving communications may impact your use of the Services.
  1. Third Party Products

All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. INSTO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

  1. Tax
  1. The phrase“Tax” and “Taxes” shall include any and all present or future taxes, charges, fees, levies or other assessments, including, without limitation, income, telecommunications, value-added, goods and services tax or similar taxes, stamp tax or duty, gross receipts, excise, real or personal property, sales, withholding, social security, occupation, use, severance, environmental, license, net worth, payroll, employment, franchise, transfer and recording taxes, fees and charges, imposed by any domestic or foreign Taxing authority, including any penalties, interest or additions to tax (collectively, “Taxes”).
  2. You are responsible and liable for identifying and calculating any and all Taxes required to be assessed, incurred, collected, paid or withheld for your use of the Services.
  3. Unless otherwise expressly stated, You are responsible and liable for (a) determining whether Taxes apply to your sale of products and services, payments received, bill payments make or received, and/or any other transactions arising from or out of your use of the Services, and (b) registering with Tax authorities in jurisdictions where you are required to do so by applicable law, and (c) calculating, collecting, reporting, paying, and/or remitting any such applicable Taxes to the appropriate Tax authority. We specifically disclaims any liability for such Taxes and you agree to fully indemnify, defend, and hold us harmless against any such Taxes and any other related expenses or costs. Notwithstanding anything in this T&S to the contrary, you agree that we are not a marketplace, marketplace facilitator, marketplace provider, or similar construct under any applicable law relating to sales, use, or similar taxes, nor do the Services hereunder provide a marketplace or similar construct, and You agree to not take any tax position to the contrary, including on any tax return, tax filing, in any tax audit or examination or otherwise.
  4. Notwithstanding the foregoing, we may charge applicable Taxes on the Services, as required by law, which you agree to pay, unless you provide us with timely appropriate, complete, and accurate information and documentation satisfying the legal and Tax requirements of the relevant governmental or Tax authority to establish that the otherwise applicable Tax is not required to be charged. You agree to fully indemnify, defend and hold us harmless against any Tax imposed by a Tax authority for failure to apply correct Taxes if such failure is a result of your failure to provide us with the evidence to support your exemption from such Taxes, as applicable.
  5. We may be obligated under applicable laws to report certain information to tax authorities (“Tax Information”) or you with respect to your use of the Services. Upon request, you shall provide us with the necessary information to complete any applicable Tax Information reporting and recertify such information from time to time, as may be required by applicable law, or otherwise in connection with any Tax audit or examination. If you use our Services, you acknowledge that we will report to the applicable Tax authorities the required Tax Information.
  6. We are entitled to deduct from any payments to you the amount of any applicable withholding Taxes with respect to amounts payable, or any other Taxes, in each case required to be withheld by us to the extent that we remit to the appropriate Tax authority on your behalf such Taxes. Any amounts so deducted or withheld shall be treated as having been paid for all purposes of the T&S and we will not be obliged to increase or gross-up any payment on account of any withholding of Tax.
  7. You acknowledge and agree that we are not providing any Tax advice and nothing we says or provides to you should be interpreted as such. For any Tax-related inquiries in connection with the Services or the T&S, you should consult with your own Tax or legal advisor.
  1. Termination

We may terminate the T&S or any additional terms, or suspend or terminate your account or your access to any Service, at any time for any reason. We may add or remove, suspend, stop, delete, discontinue or impose conditions on the Services or any feature of a Service. We will take reasonable steps to notify you of termination or these other types of Service changes by email or at the next time you attempt to access your account. You may also terminate the T&S and additional terms applicable to your account by deactivating your account at any time.

  1. Effect of Termination

If the T&S or your account is terminated or suspended for any reason: (a) the license and any other rights granted under the T&S will end, (b) you agree to immediately terminate and cease use of all Services, (c) we may delete your information and account data stored on our servers, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information or account data. In addition to any payment obligations, the following sections of the T&S survive and remain in effect in accordance with their terms upon termination: Section 5, 6, 8, 9, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28.

  1. Revision and Amendment

We may amend the T&S (“Revised T&S”) at any time with notice that we deem to be reasonable under the circumstances, by posting the Revised T&S on our website or communicating it to you through the Services. The Revised T&S will be effective as of the time it is posted, but will not apply retroactively. Your continued use of the Services after the posting of a Revised T&S constitutes your acceptance of such Revised T&S.

  1. License

We grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Services as authorized in the T&S. We may make updates to the Services available to you, which you must accept to continue using the Services. Any such updates may be subject to additional terms made known to you at that time.

  1. Ownership
  1. We reserve all rights not expressly granted to you in the T&S. The Services are protected by copyright, trademark, patent and other laws of the United States and other countries. We own all rights, title, and interest, in and to the Services and all copies of the Services. The T&S do not grant you any rights to our trademarks or service marks.
  2. You may submit feedback, comments, suggestions or ideas about the Services (“Ideas”). Submitting Ideas is entirely voluntary, and we will be free to use such ideas as we see fit without any obligation to you.
  1. Indemnification

You will indemnify, defend, and hold us and our respective employees, directors, agents, affiliates and representatives harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by any person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in the T&S; (b) your wrongful or improper use of the Services; (c) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country or any inaccuracy in any Tax Information provided hereunder; (e) any third party claims made by your customer regarding our processing of your customer’s Personal Information in connection with providing you with the Services; and (f) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code; and (g) any transaction, purchase, good or service in respect of which we provides, or provided, you with payment processing services through our partners in accordance with the T&S.

  1. Representations and Warranties

You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are located in the United States; (c) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under the T&S; (d) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (e) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business; (f) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (g) your use of the Services will be in compliance with the T&S.

  1. No Warranties
  1. THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, INSTO SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
  2. INSTO DOES NOT WARRANT, REPRESENT OR GUARANTEE IN ANY WAY THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FIT FOR ANY PARTICULAR PURPOSE.
  3. Insto does not warrant, endorse, guarantee, or assume responsibility or liability for any product or service advertised or offered by a third party. Insto does not have control of, or liability for, goods or services that are paid for using the Services.
  1. Limitations of Liability and Damages
  1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INSTO BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, INSTO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
  2. UNDER NO CIRCUMSTANCES WILL INSTO BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
  3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF INSTO IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.
  4. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF INSTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
  1. Disputes

“Disputes” are defined as any claim, controversy, or dispute between you and us, our processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), whether arising before or during the effective period of the T&S, and including any claim, controversy, or dispute based on any conduct of you or us that occurred before the effective date of the T&S, including any claims relating in any way to this T&S or the Services, or any other aspect of our relationship.

  1. Dispute Resolution

All claims and disputes arising under or relating to this T&S or the Services are to be settled by binding arbitration in the state of California. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by a single arbitrator and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

  1. Governing Law
  1. This T&S shall be governed by, and construed in accordance with, the laws of the State of California without regard to its conflicts of law provisions.
  2. Any matters not covered by the T&S shall be handled in accordance with the relevant financial laws and regulations and the provisions of the competent authorities. Matters related to credit card collection shall also be handled in accordance with the relevant regulations of international credit card organizations
  1. Assignment

The T&S, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent. Any attempted transfer or assignment will be null and void.

  1. Third Party Services and Links

You may be offered services, products and promotions provided by third parties and not by us, including, but not limited to, third party developers who use our services (“Third Party Services”). If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible or liable for the performance of any Third Party Services. Further, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not Insto. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by Square. Such third party websites are not governed by the T&S. You access any such website at your own risk. We expressly disclaim any liability for these websites. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.

  1. Third Party Beneficiaries

No provision in the T&S, and any applicable additional terms is intended or shall create any rights with respect to the subject matter of the T&S, and any applicable additional terms in any third party.

  1. Other Provisions

The T&S, and any applicable additional terms or policies, are a complete statement of the agreement between you and Insto regarding the Services. In the event of a conflict between the T&S and any other agreement or policy, the T&S will prevail and control the subject matter of such conflict. If any provision of the T&S or any additional term is invalid or unenforceable under applicable law, it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under such applicable law, and the remaining provisions will continue in full force and effect. The T&S do not limit any rights that we may have under trade secret, copyright, patent, or other laws. No waiver of any term of the T&S will be deemed a further or continuing waiver of such term or any other term.

  1. Contact Us

If you have any questions about this T&S, you can contact us: