Terms of Service
These Terms of Service are effective on July 21, 2014.
1.2 Third Party Notices. The Software and InstaMessage Websites may include third party code that InstaMessage, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only. Third party scripts, linked to, called or referenced from the Software, are licensed to you by the third parties that own such code, not by InstaMessage.
2.1 By using the app, you agree that InstaMessage may collect and use technical data and related information including but not limited to technical information about your device, system and application software that is gathered contemporarily to help improve the software and services.
2.3 The Service is available only to individuals who are at least 13 years old. We do not knowingly, directly or indirectly, collect or maintain information of children under the age of 13 and do not target the App, the Service, or the Site to children under 13. You are responsible to report your age if you are under 13. We may, in our sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
4.1 You may encounter inappropriate content that may be deemed offensive, indecent or objectionable.
4.2 You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
4.3 You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
4.4 You agree to use the Services solely at your own risks and we do not have any liability to you for such content.
4.5 You agree not to use the Services in any unauthorized way including but not limited to trespassing or burdening network capacity.
4.6 You further agree to use the Services in your sole discretion and take full responsibility in your actions including but not limited to harassing, abusing, stalking, threatening, defaming or infringing or violating the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any such actions that you may encounter as a result of using the Services.
4.7 You agree by using the Services that you are responsible for, at your own initiatives, compliance with any applicable laws. We reserve the right to change, suspend, remove, or disable access to the Services at any time without notice.
5. WARRANTY DISCLAIMER
UNLESS OTHERWISE EXPLICITLY STATED, THE SERVICES ARE PROVIDED "AS IS" AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES ARE DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY.
6. Limitation of Liabilities
WE ARE NOT RESPONSIBLE FOR ANY DAMAGES ARISING OUR OR YOUR USE OF THE SERVICES OR YOUR INABILITY TO USE THE SERVICES. IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY US DOLLARS ($50.00), WHICH WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU MAY NOT USE OR OTHERWISE EXPORT OR RE-EXPORT THE APP EXCEPT AS AUTHORIZED BY THE LAWS OF THE JURISDICTION IN WHICH THE APP WAS OBTAINED.
7. Changes to the terms
InstaMessage may make changes to these Terms from time to time. Changes to the fair usage policies and/or Additional Terms will be posted on the applicable InstaMessage Website. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or InstaMessage Websites after the date of publication shall constitute your agreement to the updated Terms.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get InstaMessage’s prior written consent. InstaMessage has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. InstaMessage will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
The laws of the United States govern this license and your use of the App. You expressly agree that the courts in the United States have exclusive jurisdiction over any claim or dispute with us or relating in any way to your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.
10. In App Purchases
Generally, from time to time, InstaMessage may offer additional products and services for purchase ("in app purchases") through the App Store℠, Google Play . If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (Apple, Android) ("your IAP Account"), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. Please refer to the terms of your application platform which apply to your in app purchases.
11. Premium Account
InstaMessage has added the Premium Account for more awesome features and it’s an auto-renewing subscription：
* Subscription for $9.99 / month, $24.99 / three months, $39.99 / six months
* Payment will be charged to iTunes Account at confirmation of purchase
* Your subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
* Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal
* You can manage your subscription and switch off the auto-renewal by accessing your Account Settings after purchase
* You cannot cancel the current subscription during the active subscription period.
* Any unused portion of a free trial period, if offered, will be forfeited if you purchase a subscription to that publication.