Terms and Conditions
Insta Managed provides a personalized subscription service that allows our members to optimize and increase their social media presence.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH INSTA MANAGED (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
- 1.1. Your Insta Managed membership will continue month-to-month and automatically renew until terminated. To use the Insta Managed service you must have subscribed to our service and provided us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method (see “Cancellation” below).
- 1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Insta Mnaged membership by visiting our website and logging into your account.
2. Free Trials
- 2.1. Your Insta Managed membership may start with a free trial. It is intended to allow new and certain former members to try the service before making a payment.
- 2.2. Free trial eligibility is determined by Insta Managed at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. Free trials ARE NOT available to those who use Prepaid Cards. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Insta Managed membership are not eligible. We may use information such as device ID, phone number, method of payment or an account email address used with an existing or recent Insta Managed membership to determine eligibility. For combinations with other offers, restrictions may apply.
- 2.3. We will charge your Payment Method for your monthly membership fee at the end of the free trial period and your membership will automatically renew monthly unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, visit our website and log into your account which is created upon signup using your email address.
- 2.4. Insta Managed will attempt to setup your account and integrate our service 1-2 days after you have successfully singed up. In some cases, it may take up to 5 additional days. If you received a free trial, your free trial will begin immediately upon signing up regardless of whether or not your service is active.
3. Billing and Cancellation
- 3.1. Billing Cycle. The membership fee for the Insta Managed service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the “Billing details” link on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
- 3.2. Service Status. If issues arise while you are subscribed to our service, may attempt to contact you via the email address provided upon signing up, phone number, or Direct Message on the Instagram Application (@instamanaged, @insta.managed, @insta_managed) to resolve the issue. Issues may prevent your service from becoming and or remaining active. You are solely responsible for responding to our attempts to contact you. Your monthly billing cycle will continue regardless of whether or not your service status is active. Your service may be cancelled at any time, see 3.4. Cancellation.
- 3.3. Payment Methods. To use the Insta Managed service you must provide one or more Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
- 3.4. Cancellation. You can cancel your Insta Managed membership at any time, and you will continue to have access to the Insta Managed service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods. To cancel, go to your paypal account and follow the instructions for cancellation to our payment agreement. If you cancel your membership, your account will automatically close at the end of your current billing period.
- 3.5. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
4. Insta Managed Service
Passwords and Account Access
The member who created the Insta Managed account and whose Payment Method is charged (the “Account Owner”) has access and control over the Insta Managed used to access our service and is responsible for any activity that occurs through the Insta Managed account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Insta Managed or our partners from identity theft or other fraudulent activity. Insta Managed is not obligated to credit or discount a membership for holds placed on the account by either a representative of Insta Managed or by the automated processes of Insta Managed.
Disclaimers of Warranties and Limitations on Liability
- 6.1. INSTA MANAGED IS NOT IS NOT RESPONSIBLE OR LIABLE IF A SOCIAL MEDIA ACCOUNT UNDER OUR SERVICE IS DISABLED, SHUT DOWN, OR BANNED. THE USE OF THE INSTA MANAGED SERVICE IS PROVIDED AT THE RISK OF THE CLIENT OR SIGNING PARTY.
- 6.2. THE INSTA MANAGED SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE INSTA MANAGED SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. INSTA MANAGED DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE INSTA MANAGED SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
- 6.3. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL INSTA MANAGED, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
- 6.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- 6.6. WE DO NOT GUARANTEE ANY SPECIFIC NUMBER OF FOLLOWERS, LIKES, COMMENTS OR ENGAGEMENT WHILE OUR SERVICE IS ACTIVE. THE RESULTS OF EACH USER IS UNIQUE.
- 7.2. If you elect to seek arbitration or file a small claim court action, you must first send to Insta Managed, by certified mail, a written Notice of your claim (“Notice”). The Notice to Insta Managed must be addressed to: General Counsel, OMNIBANE Inc., 72 Terra bella drive, Manvel, TX 77578 (“Notice Address”). If Insta Managed initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Insta Managed, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Insta Managed and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Insta Managed may commence an arbitration proceeding or file a claim in small claims court.
- 7.3. YOU AND INSTA MANAGED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Insta Managed agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
- 9.2. Unsolicited Materials. Insta Managed does not accept unsolicited materials or ideas for Insta Managed content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Insta Managed. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Insta Managed and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- 9.3. Feedback. Insta Managed is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Insta Managed service, including the Insta Managed website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Insta Managed service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
- 9.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any 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.