Terms of Use

Instantry Terms of Use

Effective Date: 01/10/2023

Version 1.0

These Terms set forth the conditions to be applied to the User in the User’s use of the App, Website, and all available services (the “Service”) provided by [business name or developer name] (the “Instantry,” “Company,” “we”). In using the Service, the User needs to confirm and agree to the contents of these Terms in advance. The User’s act of commencing the use of the Service constitutes the User’s agreement with these Terms.

Service

We are Instantry. We provide a real-world augmented reality application, designed to enable you to interact with shared items from websites blended with the real world through your device in accordance with the conditions outlined in these Terms (the “App”).

The App and Website are intended for users at least 14 years old. Persons under 14 are not permitted to use or register for the App or Website without parental consent.

Unless otherwise specified, the App, Website, and our Services are intended for your personal, noncommercial use only.

To start using our Service, you do not need to register your personal account. In some case, to use certain functionality, you must register an account with the App or via the Website. You agree to keep your password confidential and will be responsible for all use of your account and password.

The Company grants the User the non-exclusive right to use the Service in accordance with these Terms. The User shall not assign or sublicense the right to use the Service to any third party.

The User needs to use the Service via the dedicated mobile application “Instantry” (the “App”) provided by the Company.

The User shall prepare devices required to use the Service at his/her responsibility and expense. To use the Service, the User needs to connect to electronic communications services or a Wi-Fi network. The communication fees arising from such connection shall be borne by the User.

Title Ownership

All of the intellectual property rights, portrait rights, and any other rights relating to the Service, App, Contents, and Website shall be owned by the Company or any third party who has granted rights to the Company. Granting the use of the Service in accordance with these Terms shall not mean any assignment or transfer of any rights to the User.

Prohibited Matters

In using the Service, the User must not engage in any acts falling under any of the following items or any other acts which the Company deems as falling under any of the following items:

(1) Any act of using the Service for the purpose of commercial, political or religious activities;

(2) Any act of publishing, posting or transmitting expressions which fall under any of the following by using the Service:

(i) Excessively violent expressions;

(ii) Obscene sexual expressions, and expressions equivalent to child pornography and child abuse;

(iii) Expressions resulting in causing discrimination based on race, nationality, creed, gender, social status or family origin;

(iv) Expressions inducing or encouraging suicide, self-injurious behavior, drug abuse or criminal acts;

(v) Expressions including contents in violation of public order and morals, or anti-social contents; or

(vi) Other than the foregoing, expressions deemed as inappropriate by the Company.

(3) Any act of altering, adapting, compiling, editing, making a database of, or otherwise conducting acts similar thereto, regarding the Contents, the App, or the source codes thereof;

(4) Any act of reverse assembly, reverse compiling or reverse engineering of the App, Website;

(5) Any act of transmitting to the public, distributing, assigning, sublicensing or otherwise using all or part of the App, Website, whether with or without compensation;

(6) Any act of violating the Company’s or any third parties’ legitimate rights, such as any property rights, intellectual property rights including copyrights, portrait rights, or publicity rights;

(7) Any act of causing disadvantage or damage to the Company or any third party;

(8) Any act of violating public order and morals, laws or regulations, or these Terms;

(9) Any act of impeding the operation of the Service, or tarnishing or damaging the credibility/reputation of the Service;

(10) Other than the foregoing, any act otherwise deemed as inappropriate by the Company.

Suspension of the Service

If any of the following occurs, the Company may suspend all or part of the Service without being required to provide notice to the User, and the Company shall in no way be liable if the User or any third party suffers damage due to such reason.

(1) If the User violates these Terms;

(2) If the Company conducts maintenance or inspection of a computer system to be used for providing the Service on a periodic or emergency basis;

(3) If the operation of the Service becomes impossible due to emergency situations, including but not limited to earthquakes, lightning, storm, flood damage, fire, power outage or natural disaster;

(4) If the operation of the Service becomes impossible due to force majeure, including but not limited to war, civil war, riot, disturbance, or labor, IP rights dispute, removal or temporary restriction from the app store;

(5) If the Company cannot provide the Service due to failure in a computer system to be used for providing the Service, unauthorized access by any third party, or infection with a computer virus;

(6) If the Company cannot provide the Service due to any measures taken in accordance with the laws or regulations;

(7) Other than the foregoing, if the Company otherwise deems it necessary.

Amendment and Discontinuation of the Service

The Company may, at any time, amend, add, or delete the contents of the Service.

The Company may, at any time, discontinue the Service at the Company’s discretion.

If the Company amends or discontinues any important contents or functions relating to the Service, or terminates the Service, the Company shall inform the User to such effect in advance in an appropriate manner, including by way of publishing the same on the Website or on the App.

The Company shall in no way be liable for any damage caused by the amendment or discontinuation of the Service in accordance with this clause.

Disclaimer and Warranties

ALL AND ANY DISPUTES ARISING BETWEEN THE USER AND ANY THIRD PARTY IN RELATION TO THE SERVICE SHALL BE SETTLED BY THE USER AT HIS/HER OWN RESPONSIBILITY.

Under no circumstances (including but not limited to any act or omission on the part of Instantry) will Instantry or its affiliates be liable for any indirect, incidental, special, and/or consequential damages or loss of profits whatsoever that result from any use or access of, or any inability to use or access, the App, Website or any Content. You expressly acknowledge and agree that Instantry does not exert control over users of the App and visitors of the Website and is not liable either for their opinions or their behavior, including any information and/or advice and any defamatory statements or offensive conduct.

We have made every possible effort to make sure the provided material is right and accurate. We do not, however, guarantee the completeness or precision of the information, and are not responsible for any mistakes, omissions, or inaccuracies. All of the content is for informative purposes only, and it is not binding in any way.

All available Content in the App and Website is for general information purposes only. We strive to keep the information up to date, correct, and full, but we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Content used. Using the Content or its results does not constitute professional advice or consultancy and is intended solely to inform our users, you understand and agree that the Content may not be relevant to you, and you use it at your own discretion, and you are personally responsible for the results. We are not responsible for any loss (including but not limited to indirect or consequential loss or damage, loss of potential earnings, or opportunities) associated with the use of the Content, to achieve the goals or expectations that you set for yourself with the App, Website and Content using.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE APP, WEBSITE, AND CONTENT IS AT YOUR SOLE RISK. THE APP, WEBSITE, AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, USER INFORMATION OR DATA, REVENUE, OR OTHER HARM ARISING OUT OF DELAYS, MISDELIVERY OR NON-DELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE APP, WEBSITE OR OTHER INTERACTION WITH THE APP, WEBSITE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE APP, OR WEBSITE. INSTANTRY DOES NOT WARRANT THAT (i) THE APP, WEBSITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE APP, WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP, WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP, WEBSITE AND CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE APP, WEBSITE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP, OR WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

Indemnification

You agree to indemnify and hold harmless Instantry, our contractors, service providers, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorney’s fees, arising out of your use of the App, Website, and Content, including but not limited to your violation of these Terms.

Limitation of Liability

To ensure the best possible service level, Instantry reserves the right to interrupt services for maintenance, system updates, or any other changes, informing the users appropriately.

THE USER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY OUTLINED IN THESE TERMS, INSTANTRY HAS NO MADE ANY REPRESENTATION OR WARRANTY TO THE USER REGARDING THE APP, WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, INSTANTRY DISCLAIMS ANY IMPLIED WARRANTY FOR TITLE, NON-INFRINGEMENT, MERCHANTABILITY, DESIGN, CONDITION, DURABILITY, PERFORMANCE, QUALITY, CAPACITY, OR TECHNICAL COMPATIBILITY OF THE APP, WEBSITE, CONTENT OR FITNESS OF THE APP, WEBSITE, CONTENT FOR A PARTICULAR PURPOSE. USER AGREES THAT INSTANTRY WILL NOT BE LIABLE FOR EXEMPLARY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHICH ARISE DIRECTLY OR INDIRECTLY OUT OF USE OR INABILITY TO USE THE APP, WEBSITE WHETHER SUCH DAMAGES ARE BASED UPON CONTRACT, TORT, INTENTIONAL CONDUCT, EQUITY OR UNDER SOME OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, BREACH OF WARRANTY, NEGLIGENCE OR STRICT LIABILITY, WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN TO OR WAS FORESEEABLE BY INSTANTRY AND WHETHER SUCH DAMAGES ARE ASSERTED BY USER OR SOME THIRD PARTY. THE USER FURTHER ACKNOWLEDGES THAT INSTANTRY MAXIMUM AGGREGATE LIABILITY TO THE USER UNDER ANY LEGAL THEORY (INCLUDING ITS OWN NEGLIGENCE) FOR DAMAGES THAT ARISE DIRECTLY OR INDIRECTLY FROM THE USE OR INABILITY TO USE THE APP WILL NOT, IN ANY EVENT, EXCEED EUR 100 OR MINIMUM LIMIT OF LIABILITY SET OUT BY APPLICABLE LAW (DEPENDING ON WHICH IS LESS).

Instantry is not responsible for defects caused by changes or issues resulting from third-party hardware, software, services, tools, or applications it does not have direct control over, including but not limited to hardware, operating systems, software programs, plug-ins, extensions, applets, newly discovered vulnerabilities, scripts, or other items.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE SECTIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT ANY WARRANTY IMPLIED BY LAW THAT IT WOULD BE UNLAWFUL TO EXCLUDE OR LIMIT.

By using the App, Website, you agree that the exclusions and limitations of liability set out in the App, Website disclaimer are reasonable. If you do not think they are reasonable, you must not use the App and Website.

However, regardless of the above, if the user qualifies as a European Consumer and resides in a country where the law provides for a higher consumer protection standard, much higher standards shall prevail.

Exclusive Remedy

If you are dissatisfied with the App, Website, and available services, your sole and exclusive remedy is to stop using the App and Website.

Communication and Notice

Any inquiries, or other communications or notices by the User to the Company regarding the Service, any notices regarding amendments to these Terms, and other communications or notices by the Company to the User, shall be made in a manner designated by the Company.

Assignment

The User shall not, without prior written approval from the Company, assign, transfer to any third party, establish security rights on, or otherwise dispose of, the User’s contractual status with the Company in accordance with these Terms, or any of the rights or obligations in accordance with these Terms.

If the Company assigns any business relating to the Service to another company, then the Company may, in connection with such business assignment, assign the contractual status with the User in accordance with these Terms, or any of the rights or obligations in accordance with these Terms, to the assignee of such business assignment, and the User shall be deemed to have given its advance agreement to such assignment in accordance with this paragraph. The business assignment set forth in this paragraph shall include normal business assignments, company splits, and any cases where there is any business transfer.

Severability

If any provision of these Terms or any part thereof is considered to be invalid or unenforceable in accordance with the applicable laws, or regulations, the remaining provisions of these Terms and the remaining part of any provisions held to be partly invalid or unenforceable, shall remain in full force and effect.

Links

Any links to third-party websites are provided for convenience only, and the inclusion of any link does not imply any endorsement or verification by Instantry. Instantry does not monitor the content of any other website and is not liable or responsible in relation to any content on them. For the purposes of this clause, a “third party website” is any website other than the Website.

Governing Law

These Terms are governed by the law of the Republic of Poland without regard to conflict of laws principles.

If you seek to file a legal claim against us, you agree to file and resolve it exclusively in courts located in Warsaw, Poland.

You agree that regardless of any statute or law to the contrary, any claim or cause of action you might have arising out of or related to the use of our App, Website, or these Terms must be filed within the applicable statute of limitations or if earlier, one year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).

General

These Terms and Conditions and Privacy Policy [link to PP], and other policies and documents available on the App or our Website constitute the entire legally binding agreement between you as the App’s user and Instantry as service provider concerning your use of the App, Website and the Content.

No waiver of any term of these Terms will be binding unless, in writing, no waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and the failure of Instantry to exercise or enforce any right or remedy in these Terms does not waive that right or remedy.

The parties (you and Instantry) shall be independent under these Terms, and nothing herein will constitute either party as the employer, employee, agent, or representative of the other party, or both parties as joint ventures or partners for any purpose.

We rely on your continued observance of these Terms. If Instantry suffers any loss or damage or incurs any costs in connection with any breach of these Terms or any other legal obligation, then you agree to indemnify Instantry for those losses, damages, and costs.

Certain territorial restrictions may apply to your use of our App and Website. Our App and Website are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

Anyone using or accessing our App and Website does so on their initiative and is responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of our App and Website to any person, geographic area, or jurisdiction, at any time and at our sole discretion.

Contact Us

In case you have questions, about our App, Website, Services, or these Terms, you can contact us by forwarding an email to [email protected].