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Last updated on Feburary 21, 2024


Terms of Service


InstaHero provides a variety of services subject to this Agreement. By checking the box or clicking the button next to a link to this Agreement on any of our sign-up pages, by executing an order form or statement of work that references this Agreement, by signing up for an account, by logging in to your account, by accessing any part of the services (including by means of any API interface), you, as a customer of the services or a representative of an organization that is a customer of the services (collectively, “you”), represent and warrant (1) you have read, understand, and agree to be bound by this Agreement, (2) you are at least eighteen (18) years of age, (3) the information you provided in connection with your registration for the services is true, accurate, current and complete, and (4) you have the authority to enter into this Agreement personally or on behalf of the organization you have named as the authorized user, and to bind that organization to this Agreement. Note that by representing and warranting to the above, you are making a legally enforceable agreement.


We may change any terms of this Agreement by posting a revised Agreement and the revised Agreement will be effective immediately upon posting or the effective date indicated in the new Agreement, as applicable, and apply to any continued or new use of the Services. We may change the Services, or any features of the Services at any time, and we may discontinue the Services or any features of the Services at any time. If you do not agree with the terms of this Agreement, you must immediately discontinue your use of the Services. Otherwise, your continued use of the Services constitutes your acceptance of such changes. We recommend that you regularly check our website to view the then-current terms.


We may refuse service, close your accounts or the accounts of any Authorized Users, and change eligibility requirements at any time, in our sole discretion.




For purposes of this Agreement, the following capitalized terms shall have the meaning indicated below. Whenever the words "include", "includes" or “including" are used in this Agreement, they shall be deemed to be followed by the words "without limitation".


“Agreement” means these Terms of Service and any guidelines, rules or operating policies that we post on our website(s), including our Acceptable Use Policy, our Privacy Notice, and any other policy referenced herein, which are specifically incorporated herein by reference, each, as may be amended, supplemented or modified from time to time.


“InstaHero”, "we", "us" or "our" means InstaHero, Inc. or its applicable subsidiaries as specified in the “Contracting Entity” section of this Agreement.


“Intellectual Property Rights” means any and all intellectual property, industrial property, and other proprietary rights throughout the world, including all rights in, to, or arising out of patents, patent applications, inventions (whether patentable or not), invention disclosures, trade secrets, know-how, proprietary information, works of authorship, copyrights, mask works, moral rights, trademarks, service marks, software, data, technology, layout designs and design rights, and all registrations, applications, renewals, extensions, or reissues of any of the foregoing.


"Order Form" means the form evidencing the initial order for Services, including any addendum or online confirmation form, and any subsequent orders separately entered into by you and us. Each Order Form shall be incorporated into and become a part of this Agreement.


“Professional Services” means, collectively, any consulting, marketing, managed design, customizations and development services specifically set forth in a Statement of Work.


"Services" means, collectively, all our products and services and related offerings, features and functionalities, including social media content management services, our website and any related sub-site, user interface designs, applications, including our mobile application, processes, software, source code, application programming interfaces, systems delivered or accessible through any media or device, images that are made available by us through any social media content management tools, designs, templates, text, graphics, video, information, audio and other files, support, additional services and all related materials and documentation, and any and all enhancements and modifications thereto howsoever made, provided by or on behalf of us to you pursuant to this Agreement.


“Statement of Work” means a statement of work or similar document mutually agreed by Customer and us for the provision of Professional Services and that is governed by this Agreement.


Provision of Services


Access. Upon the terms and subject to the conditions of this Agreement, you are granted a limited, non-exclusive, revocable, non-transferable, non-sublicensable, worldwide limited right to access and use the Services. We may, in our sole discretion, permit you to authorize additional users to use your account(s). For purposes of this Agreement, you are the “Account Owner” and any other users you authorize will be deemed “Authorized Users.” To the extent applicable, Authorized Users that you appoint as your administrators shall have the authority to act on your behalf to perform administrative duties, enter into binding agreements and accept Fees (as defined below). You will be responsible for all activity occurring under your account(s), including each Authorized User’s compliance with this Agreement.


Restrictions. You will not, and will not permit any Authorized User or other party to: (a) modify, adapt, alter, translate, or create derivative works of the Services; (b) sublicense, lease, rent, loan, distribute, or otherwise transfer the Services to any third party; (c) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Services, except to the extent expressly permitted by applicable law (and then only upon advance written notice to us); (d) tamper, bypass, delete, or disable any copy protection or security mechanisms of the Services; (e) use or demonstrate the Services in any other way that is in competition with us; (f) remove any notice of proprietary rights from the Services; (g) attempt to gain unauthorized access to, or disrupt the integrity, performance or security of the Services or the data contained therein; (h) attempt to probe, scan or test the vulnerability of any Service or to breach the security or authentication measures without proper authorization; (i) use or copy the Services, except as expressly allowed herein or (j) use the Services in violation of our Acceptable Use Policy.


Contracting Entity. The InstaHero entity that you are contracting with is InstaHero, Inc., unless you have subscribed to or are subscribing solely to our lead generation and customer relationship management services or any or related Service, in which case, the InstaHero entity that you are contracting with is InstaHero Technologies, Inc., a wholly owned subsidiary of InstaHero, Inc. While the InstaHero entity contracting with you remains fully liable and responsible for all applicable obligations under this Agreement, the parties acknowledge that certain obligations under this Agreement may be fulfilled by other InstaHero subsidiaries, including InstaHero, Inc.


Use of the Services


General Rules of Use. By agreeing to this Agreement, you agree to comply with our Acceptable Use Policy and with the following in connection with the use of the Services:


You may not use our Services to send spam.


You may not use our Services to promote or incite harm toward


1. Acceptance of Terms


By accessing our services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. You represent that you are at least eighteen (18) years of age and that all information provided by you is accurate and complete.


2. Changes to the Agreement


We may update or modify this Agreement at any time without prior notice. Any changes to the Agreement will be effective immediately upon posting on our website. Your continued use of our services after any such changes constitutes your acceptance of the revised Agreement.


3. Provision of Services


3.1 Access: Upon acceptance of this Agreement, you are granted a limited, non-exclusive right to access and use our services. You may authorize additional users to access your account, and you will be responsible for their compliance with this Agreement.


3.2 Restrictions: You agree not to modify, sublicense, reverse engineer, or misuse our services. You will not use our services in any way that violates our Acceptable Use Policy.


4. Monitoring and Suspension


While we have no obligation to monitor your use of our services, we reserve the right to suspend, terminate, or limit your access to our services at any time, without liability, for reasons including but not limited to violation of applicable laws, fraudulent use, or security incidents.


5. Professional Services


If you request Professional Services from us, we will execute a Statement of Work detailing the services to be provided. Any conflict between this Agreement and a Statement of Work will be resolved in favor of the Statement of Work.


6. Your Content


6.1 Responsibility: You are solely responsible for any content you upload or create using our services ("Your Content"). You are also responsible for any products or services you offer through our platform.


6.2 Liability: You agree to indemnify and hold us harmless from any claims arising from Your Content or the products/services you offer.


7. Communication with You


7.1 Messages: We may send you messages regarding changes to the services, violations of this Agreement, or for marketing purposes. You may unsubscribe from marketing communications at any time.


7.2 Telephone Contact: By using our services, you consent to receive telephone calls from us for marketing or informational purposes.


8. Intellectual Property


8.1 Ownership: We retain all rights to our services and Professional Services. You retain ownership of Your Content.


8.2 License: You grant us a limited license to use Your Content for the purpose of providing our services.


9. Fees; Payment; Taxes


9.1 Fees: You agree to pay the fees associated with our services as described in your account. We may change our fees at any time, and you are responsible for reviewing them periodically.


9.2 Payment: Fees are payable in advance unless otherwise agreed upon. We may charge your provided payment method for any amounts due.


9.3 Taxes: You are responsible for any taxes associated with your use of our services, and you agree to indemnify us for any tax-related claims.


10.1 By using the services provided by InstaHero, including accessing client's private social media accounts, you agree to abide by these Terms of Service.

Compliance with Laws

11.1 You represent and warrant that your use of InstaHero's services will comply with all applicable laws and regulations.

11.2 If you collect any personal information pertaining to a minor and store such information within your InstaHero account, you represent and warrant that you have obtained valid consent for such activities according to the applicable laws of the jurisdiction in which the minor lives.


12.1 Privacy Laws: Each party shall comply with all relevant Data Privacy Laws.

12.2 Customer Warranties: You warrant that you have complied and will continue to comply with Data Privacy Laws in your collection, processing, and provision of personal information to InstaHero.

12.3 Privacy Notice: Please refer to our Privacy Notice for information regarding how we collect, use, and disclose personal information.

12.4 Data Processing Addendum: To the extent InstaHero processes personal information protected by Data Privacy Laws on your behalf, both parties will comply with the Data Processing Addendum.

12.5 Sensitive Information: You agree not to import or incorporate certain sensitive information into InstaHero's servers.

Customer Privacy Notice

13.1 You will adopt and comply with a legally sufficient customer privacy notice, informing contacts of your data collection and use practices.


14.1 Every communication sent through InstaHero's services must contain an "unsubscribe" link.

14.2 You agree to honor unsubscribe requests in accordance with applicable laws.

Term and Termination

15.1 The term of this Agreement shall be monthly or as specified in your Order Form.

15.2 Termination: To terminate your InstaHero account or subscription, you must request termination at least thirty-one (31) days prior to the end of the current term.

15.3 Effect of Termination or Expiration: Upon termination or expiration of your account or subscription, certain provisions of this Agreement shall survive.


16.1 You agree to defend, indemnify, and hold InstaHero harmless from any third-party claims arising from your use of the services.

Representation and Warranties

16.1 You represent and warrant that you have all necessary rights and consents to use InstaHero's services.

Warranty Disclaimer; Remedies; Release

17.1 InstaHero's services are provided on an "as is" and "as available" basis. We do not warrant uninterrupted or error-free service.

17.2 You release InstaHero from any claims or liability related to your use of the services.

Limitation of Liability

18.1 InstaHero's liability is limited to the amount you paid for the services in the twelve (12) months prior to the claim.

Restricted Persons; Export of the Services or Technical Data

19.1 You may not use InstaHero's services in violation of export control and economic sanctions laws and regulations.

Third Party Websites and Services

20.1 InstaHero may contain links to third-party websites. We do not endorse or control the content of these websites.

Notice and Take Down Procedures

21.1 If you believe any materials accessible on or from InstaHero infringe your rights, you may request removal of those materials.


22.1 Full Force and Effect: If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.

22.2 Entire Agreement: This Agreement constitutes the complete and exclusive statement of the mutual understanding of the parties.

22.3 Assignment: You may not assign any of your rights hereunder without our consent.

22.4 Further Assurances: You agree to take any actions reasonably required to effectuate the purposes of this Agreement.

22.5 Force Majeure: InstaHero is not liable for any failure or delay in performance due to forces beyond our reasonable control.

22.6 Third Party Beneficiaries: Certain parties are made third-party beneficiaries of this Agreement.

22.7 Titles: The titles of the paragraphs are for convenience only and have no legal effect.

22.8 Relationship of the Parties: Nothing contained herein shall be construed as creating any agency or partnership.

22.9 Attorneys' Fees: The prevailing party in any legal action shall be entitled to recover its costs and attorneys' fees.

22.10 Governing Law and Legal Actions: This Agreement shall be governed by the laws of [Jurisdiction], and any disputes shall be resolved through arbitration.

22.11 Equitable Relief: InstaHero may seek injunctive relief for any violation of this Agreement.

22.12 Additional Information: For any questions or concerns, please contact us at [contact email].

By continuing to use InstaHero's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.



By using InstaHero's services, you agree to abide by this Agreement. If you do not agree with any part of this Agreement, you must discontinue your use of our services.

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