Terms & conditions

Introduction

These Terms of Service constitute a legally binding agreement between you and Supercreative, governing your access and use of instaprice.app (the “Platform”) and the software and services made available through the Platform (collectively the “Services”).

By clicking the “I Agree to the Terms of Service” button or (i) accessing or using any part of the Platform, or (ii) using any of the Services offered on the Platform, you agree to these Terms of Service.

Internet technology, and the applicable laws, rules and regulations change frequently.  Supercreative reserves the right to make changes to these Terms of Service at any time.

Supercreative provides a Platform that gives companies and freelancers online tools to manage and carry out their projects. Supercreative offers different products and this policy is applicable to instaprice.app, a Platform designed for users to more easily manage aspects of the business including but not limited to quoting, invoicing, payment, and reporting (“Services”).

Supercreative’s Platform Services are always evolving and may change from time to time without notice. Supercreative may cease or suspend Services (or any Services feature) at any time in its sole and absolute discretion. New features introduced by Supercreative to instaprice.app will also be subject to these Terms of Services.

Access to new Services may be enabled and default and can be disabled by contacting support at: help@instaprice.app.

User Eligibility

To be eligible to create an account, you must be at least 18 years of age and able to form a legally binding contract. There is no residency limitation as our users come from all over the world.

User Account

To access the Services, you must have an account established through the online registration process and have agreed to these Terms of Service.

During account registration (with the exception of registrations made through partners such as Twitter and Google, to which the following is not applicable), all users will be asked to create a password.

Users are responsible for safeguarding their passwords and shall not disclose such password to any third party. Users are solely responsible and liable for any activities or actions taken under their password, whether or not users have authorized such activities or actions. Supercreative shall not be liable for any loss or damage arising from the failure of any user to keep their password or account secure. Users who signed up through their Google/Twitter accounts will managw their passwords and data on the third-party website and Supercreative declines all responsibility.

You are solely responsible for the accuracy of the Content submitted by you to the Platform. “Content” is defined as any and all text, data, information or digital images submitted, uploaded, or imported by or to the Platform, including, but not limited to, photographs, contact information, project information and transaction details (cost, payment terms, deliverables, etc.), professional and educational background, client information, etc.

Unauthorized use of an account may result in the account being suspended and in legal action undertaken on behalf of Superceative to investigate the incident.

User Conduct

Spamming, harassment, posting inappropriate content, and other activities are deemed unacceptable and will result in the account being deactivated by Supercreative at the sole discretion of moderators.

Content Representations and Warranties

Supercreative is not responsible for the Content posted by you. You are solely responsible for any Content that you post. Supercreative shall not be liable for any damage or harm resulting from any Content posted by you on the Platform.  Supercreative reserves the right, but has no obligation, to take any action to restrict or remove access to any Content, objectionable or otherwise, posted by Platform users.

By uploading, submitting and posting Content to the Platform, you further represent and warrant (1) that you have all right, title, license and authority to upload, submit and post the Content, including the right to publish and distribute by electronic and digital means, and (2) the Content does not (a) violate, infringe or misappropriate on the rights associated with any third parties, including, but not limited to, privacy rights, copyright, trademark, trade secrets, patents or other intellectual property rights of any third party, or (b) violate any statute, law, ordinance or regulation.

Supercreative has the right, but not the obligation, to review, edit, refuse to post, delete, disable access to, or otherwise make unavailable any Content, without notice in its sole and absolute discretion.

Intellectual Property

The Platform and its logos, design, text, graphics, service and other files, and the selection, arrangement and organization thereof, are part of instaprice.app’s (part of Supercreative) intellectual property. You may not use such materials without permission, which may selectively and implicitly be granted for free or at a price by Supercreative to Pro Users or users, by giving permission to download quotes and invoices on our copyrighted design. 

All page headers, custom graphics, button icons and scripts are copyights or trade dress of Supercreative.

Unless otherwise stated herein, nothing in these Terms of Service or your use of the Platform gives you a right or license to use any of Supercreative’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.

Permission to Use Name & Logos

You grant to Supercreative an unrestricted right and license to use your individual and/or company name, logo and/or relevant trademarks (“Properties”) to market and promote the Platform. This includes the worldwide right to copy, translate, broadcast, transmit, distribute, exhibit, perform, publish and display the Properties as incorporated into Supercreative’s marketing and promotional materials.

‍Supercreative is granted no other rights to the Properties and acknowledges that it shall not gain any proprietary interest in the Properties.

Supercreative is under no obligation to make use of or to provide compensation for any of the rights or permissions granted. Supercreative shall be the exclusive owner of all right, title, and interest, including copyrights, in Supercreative’s marketing and promotional materials.

If you wish, you may terminate Supercreative’s permission and license to use the Properties upon thirty (30) days prior written notice to Supercreative .

User Feedback & Idea Submissions

Supercreative welcomes all feedback to improve our Platform and Services, but considers any feedback from its users to be helpful advice, freely given.  To ensure against any misunderstandings, we want to emphasize that we do not compensate for any ideas, proposals or suggestions provided by its users to Supercreative in accordance with the following:

Supercreative considers any suggestions, ideas, proposals, user feedback or other material submitted to it by users, whether solicited or unsolicited, (collectively, the "Material") to be non-confidential and non-proprietary.  Supercreative shall not be liable for the disclosure, use or exploitation of such Material.

You hereby grant and agree to grant Supercreative, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.

Payment Processing

Portions of Supercreative’s Platform and Services may be offered for free. Supercreative reserves the right to change the availability of the free offerings and services, including retroactively.

‍Supercreative also offers paid Services. You may cancel your paid account at any time. Refunds are only issued if requested within 24 hours of the purchase (meaning only the Purchase of a PRO account, made by the user), being made.

For users on all types of plans, to the extent users utilize Supercreative’s instaprice.app tool, service charges from payments shall be deducted in accordance with the relevant section of these Terms of Service.

The term of the subscription will commence on the date the subscription is selected and shall continue for the subscription term chosen by you on the Platform, and any renewal thereof, until terminated.

Subscriptions are for a pre-paid subscription term and will automatically renew at the end of each subscription term for a subsequent subscription term. You acknowledge and agree as follows:

Supercreative may automatically renew your subscription and charge your account on the last day of your subscription term (the “Renewal Date”), unless you cancel your subscription before the Renewal Date or unless Supercreative no longer offers the services.

The renewal payment is due on the Renewal Date and will automatically be charged to the same credit card that you used for the original subscription or the most recent renewal. THE RENEWAL PRICE WILL BE THE CURRENT RATE THEN IN EFFECT AT THE TIME OF RENEWAL. YOU WILL RECEIVE A NOTICE PRIOR TO RENEWAL OF ANY CHANGES IN SUBSCRIPTION PRICE OR THESE TERMS OF SERVICE.

If you do not want to renew, you must cancel your subscription by visiting the subscription management section in your account settings.

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Payments are processed through third party payment processors in instaprice.app. To process payments through the Platform, users must create and maintain an account with the designated payment processor. You are responsible for ensuring your payment processing account is valid at all times to ensure the processing of all payments through the Platform. Your relationship with any designated payment processor is separate from your relationship with Supercreative and is governed by the payment processor’s applicable terms of service.

Supercreative shall not be liable for any loss or damages arising as a result of any payments processed, or attempted to be processed, through the Platform. This includes transactions that were not processed due to a network communication error, or any other reason.

By using instaprice.app, you authorize Supercreative to collect any data you use to complete forms, including but not limited to your name, address, telephone number, email address, and payment method. In addition, Supercreative or the designated payment processor may collect additional payment, billing, and bank information necessary to process the transaction. As part of the payment process, you agree to provide current, complete, and accurate information related to this process. Supercreative does not store any payment information on its computers or servers.

You may not, for any reason, pay yourself or your organization through Supercreative. You also may not make a payment on behalf of a client using their payment information.

Payment processing services for users of instaprice.app are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on instaprice.app, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Supercreative enabling payment processing services on instaprice.app through Stripe, you agree to provide Supercreative accurate and complete information about you and your business, and you authorize Supercreative to share it and transaction information related to your use of the payment processing services provided by Stripe.

The cost of processing fees when getting an invoice paid using Stripe.

If you're thinking about signing up to instaprice.app, or already have an account and want to get paid online through instaprice.app, it's good to know that we support online payment to help you get paid quickly.

The online payment processor we support is Stripe Payments.

Supercreative supports direct integration with Stripe Connect so you can use your existing Stripe account to get paid. Stripe Payments can be used in any country in which Stripe is supported.

Stripe Payment fees are to be found here.

Dispute Resolution

This clause outlines the process for resolving disputes between users of the online tool and its operator, based in Paris, France. All disputes arising from the use of the online tool or its terms of service shall be governed by and construed in accordance with the laws of France, and the jurisdiction of the courts of Paris.

• Informal Resolution: The parties agree to make a good faith effort to resolve any disputes arising from the use of the online tool through informal means, such as negotiation or mediation. 

• Arbitration: If informal resolution is not possible, any disputes arising from the use of the online tool shall be finally resolved by arbitration in accordance with the rules of the French Chamber of Commerce and Industry, which are in force at the time the dispute is submitted to arbitration. The arbitration shall be held in Paris, France. 

• Limitation of Claims: Any claims arising from the use of the online tool must be brought within one (1) year of the date on which the claim arose, or be forever barred. 

• Limitation of Damages: The parties agree to limit the damages recoverable in any arbitration or court proceeding arising from the use of the online tool to actual and direct damages, and to exclude any indirect, incidental, punitive, or consequential damages, including lost profits.

• No Class Actions: The parties agree that no party may bring a class action or other representative action against the other party in any arbitration or court proceeding arising from the use of the online tool.

• Enforceability: The parties agree that the provisions of this dispute resolution clause are severable and enforceable, and that in the event any provision of this clause is unenforceable, the remaining provisions shall remain in full force and effect.

Release

If you have a dispute arising from, related to, or connected with your use of the Platform and Services, or the information, content, documents materials or products made available through the Platform and Services, you hereby release Supercreative and its affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns from all claims, demands, causes of action, liabilities, legal fees and costs, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, arising out of or in any way connected with such disputes.

Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Supercreative and its affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Service by you, (ii) arising from your breach of any representations or warranties under these Terms of Service, (iii) arising from, related to, or connected with your use or misuse of the Platform or Services, and (iv) any actual prospective or actual transaction between you and a third party using any document generated by the Platform/Services provided herein. Supercreative reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

Severability

If any provision contained in these Terms of Service is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the enforceability of the remaining provisions and portions of these Terms of Service, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.

Modifications

No modification of these Terms shall be effective unless it is in writing and either signed by an authorized representative of Supercreative or posted on this Platform.

No Agency

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms‍.

Assignment

You shall not assign any of the rights or obligations under these Terms without the prior written consent of Supercreative. Supercreative may at any time assign, transfer or subcontract any or all of its rights or obligations under these Terms without your consent.

Successors and Assigns

These Terms are binding on and inure to the benefit of the parties and their respective successors and permitted assigns.

No Waiver

The failure or delay of either party to exercise any right, power or privilege under these Terms of Service will not operate as a waiver thereof.

Interpretation

Headings are for reference purposes only and do not limit the scope or extent of such section.

Force Majeure

Supercreative will not be liable or responsible for any delays in service, for failing to provide its services or to operate the Platform or provide the Services as a result of any event beyond its reasonable control, including, without limitation, internet outage or interruption of service, power or telecommunications outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.

Disclaimers and Exclusions

Supercreative, the platform, services and all information, content, documents materials, and products included on or otherwise made available to you through the platform are provided on a “basis”.  Supercreative does not represent or warrant that the platform, services, information, content, documents materials, and products will be free of defects, inaccuracies or errors, will meet your requirements, or will operate in the configuration or with other hardware or software you use. Any and all representations, warranties or conditions of any kind, express or implied, including, but not limited to, implied warranties of fitness for a particular purpose, merchantability and non-infringement and will not be liable for your use of or reliance on such information, platform, services, information, content, documents materials, and products.

Supercreative disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the platform and/or any supercreative services.  Supercreative does not control any third party links, services, goods, resources and information on the platform. Regarding third party services, goods, resources and information including, without limitation, warranties of fitness for a particular purpose, merchantability and non-infringement and will not be liable for your use of or reliance on such third party services, goods, resources or information.

To the extent permitted by applicable law, Supercreative will not be liable to you or any third party for any consequential, incidental, indirect, exemplary, punitive or special damages (including damages for lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the platform, services, information, content, documents materials, and products, even if supercreative has been advised of the possibility of such damages.

Termination and Cancellation

In your use of the Platform and Services, you may not:

• Distribute, license, sell, or transfer the Services, any component of the Services;

• Reverse engineer, decompile, or attempt to derive the source code for underlying software or other intellectual property used to provide the Services;

• Attempt to gain unauthorized access to the Services, or to the computers, servers, and networks connected to the Services;

• Post false, inaccurate, misleading, defamatory or harassing content;

• Post obscene or sexually explicit content;

• Contact other users in a disrespectful and unprofessional way, or for purposes different from the ones intended by the Platform;

• Violate any law, statute, ordinance or regulation;

• Infringe upon any patent, copyright, trademark, trade secret, right of publicity or other third party rights;

• Attempt to use another account, impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;

• Utilize the tools to make payments to yourself or your organization;

• Input payment information on behalf of a third party to process payments through the Platform;

• Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Platform or its users;

• Modify, adapt or hack the Platform or modify another website so as to falsely imply that it is associated with Supercreative;

• Distribute or post spam, unsolicited or bulk electronic communications to Platform users;

• Use any robot, spider, scraper or other automated means to access the Platform for any purpose whatsoever;

• Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Platform’s infrastructure;

• Interfere or attempt to interfere with the proper working of the Platform, its services or tools;

• Bypass the Platform’s robot exclusion headers or other measures Supercreative may use to prevent or restrict access to Supercreative Platforms and Services;

Any of these behaviors or of the behaviors stated above in the relevant sections as non admissible, may result in account cancellation on behalf of Supercreative.

Services can be terminated at any time by either party in their sole and absolute discretion.  Account holders can deactivate their account at any time either by writing to support at help@intaprice.app or by managing their account on their personal profile if available.

Subscription Services cannot be terminated for convenience during the term of the Subscription Service. Either party may provide notice of non renewal in accordance with the relevant section of these Terms of Service.

Supercreative may temporarily suspend or terminate Services at any time, without prior notice or liability, if:

• You breach these Terms of Service;

• Supercreative is unable to verify or authenticate account information;

• Supercreative determines that you have engaged in improper or fraudulent activity in connection with the Platform and/or Services or that your actions may cause legal liability or financial loss to Supercreative;

• Supercreative believes you are infringing the rights of third parties;

• An account holder files for bankruptcy or insolvency; and/or

• You fail to pay any applicable fees;

The following Sections survive termination of the Services: Confidentiality, Content License, Submissions License, Individual Arbitration, Disclaimers and Exclusions, Release, Indemnification, and Governing Law.

Contact Information

These Terms of Service comprise the entire agreement between you and Supercreative and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.

All notices required or permitted to be given under these Terms of Service will be in writing and delivered to: help@instaprice.app. All notices by Supercreative will be sent to you by email or will be conspicuously posted on the Platform.

Supercreative is available by email help@instaprice.app to address any issues you may have regarding your use of the Platform. Most concerns can be quickly resolved in this manner.

Confidentiality and Non-Disclosure

To facilitate the use of the services provided through the Platform, you may provide confidential project-related information, including, but not limited to, the terms of any contracts executed on the Platform (“Confidential Information”).

Supercreative agrees not to disclose any Confidential Information to any third party for any reason without your prior written consent. Supercreative will not disclose any Confidential Information to any person or entity. You understand and agree that Supercreative’s team members shall be able to access and review the Content and other Confidential Information to enable the delivery of the Services in accordance with these Terms of Service.

In the event Supercreative is requested or required by legal process to disclose any of the Confidential Information, Supercreative shall give you prompt notice so that you may seek a protective order or other appropriate relief prior to any such disclosure.  In the event that such protective order is not obtained, Supercreative shall disclose only that portion of the Confidential Information that its legal counsel advises that it is legally required to disclose, and shall work with the owner of such Confidential Information to minimize the extent and effect.

Notwithstanding the foregoing, Supercreative may reference on the Platform project-related details regarding overall fees paid to freelancers or the length and type of engagement in order to promote and improve the Services.

Privacy

Supercreative will only use personal information and anonymous aggregated data in accordance with the following.

Content License‍

You grant Supercreative a worldwide, limited, non-exclusive, royalty-free license to process, host, copy, transmit, display, modify, adapt, distribute, reproduce, use and sublicense the Content submitted by you to the Platform for the purposes of providing the Services herein, in any and all media or distribution methods (whether now known or later developed).

Supercreative shall retain all right, title, and interest in the Platform and Services, and all legally protectable elements or derivative works therefrom. You shall retain all right, title and interest in and to the legally protectable elements of the Content submitted by you to the Platform.

Services License

In using the Services, Supercreative hereby grants a limited, non-transferable, non-exclusive, revocable license to access and use the Services. You may not, either directly or indirectly, sublicense, sell, lease, or otherwise transfer or grant third-party access to the Services at any time.

This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Supercreative, in the manner permitted by these Terms of Service. You agree not to use the Services for any other purpose. You may keep, for your own personal or business-related records, electronic and physical copies of documents you have created through the Services. Resale or unauthorized distribution of Supercreative’s Services, materials or documents is strictly prohibited.

Information & Services Disclaimer

Supercreative is not a law firm, an attorney or a professional advisor in any industry. Supercreative provides an automated software solution to individuals who choose to get paid by clients in-app. The Services and related documents and materials provided by Supercreative do not constitute legal advice and are for your private use. Supercreative does not review the information you provide for legal accuracy or sufficiency. If you need legal advice as to specific contract terms or have questions regarding the terms applicability or enforceability, you should consult with a licensed attorney. Supercreative, its Services, and its Content are not a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction.

Reliance and use of the Services, documents and materials obtained from the Platform shall be at your own risk and Supercreative shall not be liable for any use of, or reliance on, the Services, materials and documents offered herein.