INTRODUCTION TO TERMS OF SERVICE

These Terms Of Service (referred to as the “Terms”) constitute a legally binding agreement between you (referred to as the “user” or “you”) and Insta-Games (referred to as “we,” “us,” or “our”) governing your use of our games and services, as predefined in our Privacy Notice (collectively referred to as “Services”).

Please carefully review these Terms. If you do not comprehend or accept any portion of these Terms, refrain from using or purchasing our Services. By installing, using, or accessing our Services, you indicate acceptance of our Terms, Privacy Notice, and any additional rules made available on the Services or the Website. If a child intends to use our Services, the child’s legal guardian must agree to these Terms as a prerequisite for the child’s use. By using our Services, you agree to these Terms and confirm that you are either of legal age or using the Services with parental or guardian consent. A child’s use of our Services shall imply grant of parental or guardian consent.

DISCLAIMER: BY DOWNLOADING, INSTALLING, PLAYING, OR ACCESSING OUR SERVICES, YOU AGREE TO ABIDE BY THESE TERMS. YOU ACKNOWLEDGE THAT THE PRIVACY NOTICE AND ANY ADDITIONAL RULES MADE AVAILABLE ON THE SERVICES OR THE WEBSITE ARE INTEGRAL PARTS OF THESE TERMS.

We reserve the sole discretion to amend, modify, add, or remove portions of our Terms, Privacy Notice, or any additional rules made available on the Services or the Website by posting the revised terms on www.insta-games.com (referred to as “Website”). Your continued use of our Services signifies acceptance of the updated Terms, Privacy Notice, or any additional rules made available on the Services or the Website.

TERMS OF USE OF SERVICES

• Facilitation of Communication and Posting. Our Services provide a platform for users to interact with each other and share content that can be accessed by the public.
• User Responsibility. Any content including but not limited to text, images, videos, and audio, that you post through our Services (referred to as “User Content”) is your sole responsibility. This includes ensuring that the User Content complies with applicable laws and regulations, as well as any terms of service or community guidelines that govern the use of our platform.
• License Granted to User. When you use our Services to create or submit content, you grant us a license to use that content. This license allows us to use the content in various ways, including displaying it on our platform, promoting our Services, and potentially sublicensing it to third parties.
• Non-Confidentiality and Non-Proprietary Nature of User Content. You should understand that any User Content you post through our Services is not considered confidential or proprietary. This means that others may have access to and may use or share your content.
• Right to Manage User Content. We reserve the right to reject, modify, or delete any user-generated content for any reason. This could include content that violates our Terms Of Service, infringes on the rights of others, or is otherwise deemed inappropriate or harmful.
• Assumption of Risks. By posting content through our Services, you acknowledge and accept the inherent risks associated with doing so. This includes the possibility that your content may be misused, misrepresented, or otherwise cause harm to yourself or others.
• Disclaimer of Responsibility for User Content. While we provide the platform for users to share content, we do not endorse or guarantee the accuracy or quality of user-generated posts. Users should exercise caution and discretion when relying on or interacting with such content. We cannot be held responsible for any harm or damages that may result from user-generated content.
• Accounts and Login. The User is responsible for safeguarding your login details and ensuring their confidentiality. The User is liable for all activities conducted through their Account, whether authorized or not.
• License to User Content. By submitting User Content through the Services, you grant us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, perform, and display such User Content in connection with the operation and promotion of the Services.
• Widgets and Live Activities. IG, in compliance with COPPA, supports Widgets and Live Activities, features available in iOS 16 and later, which allow you to view real-time updates and interactive content directly on your home screen or lock screen. These features access only the data necessary to provide their functionality, while all data is stored locally on your device. You can manage permissions for Widgets and Live Activities in your device settings under Privacy & Security. 
• Family Sharing and Subscription Sharing. IG supports “Family Sharing”, a feature provided by Apple that allows up to six (6) family members to share subscriptions and in-app purchases made through the Apple App Store. To enable Family Sharing, the family organizer must set up the feature in their device settings and invite family members to join. Once enabled, eligible subscriptions and in-app purchases can be accessed by all family members. Please note that only Apple App Store purchases are eligible for Family Sharing, and the family organizer is responsible for all purchases made by family members.
• Families Policy Compliance. Insta-Games complies with the Google Play Families Policy Requirements and Apple’s App Review Guidelines. Our Services are designed to provide age-appropriate content and experiences. For apps intended for children under 13 (or the applicable age of digital consent in your region), we obtain verifiable parental consent where necessary. Parents may contact us to review or delete their child’s data.
• Data Collection and Privacy. We adhere to Google Play’s User Data Policy and Apple’s App Review Guidelines. Please review our Privacy Notice for detailed information about what data we collect, how we use it, and your rights regarding your data. We do not knowingly collect personal data from children without verifiable parental consent.
• Third-Party Services. We may use third-party services, such as analytics tools and ad networks, that comply with COPPA and Apple’s guidelines. These services are required to provide the same level of data protection as stated in our Privacy Notice.
• Advertising and In-App Purchases. In-app advertisements comply with Google’s Families Self-Certified Ads SDK policies and Apple’s App Review Guidelines. We clearly label in-app purchases and provide mechanisms to prevent unintended purchases. Parents are encouraged to supervise their children’s app usage and set up parental controls on devices.

USER RESTRICTIONS

Users are prohibited from engaging in activities that violate our Terms, including but not limited to the following:

• Restrictions on Transfer. You are prohibited from renting, leasing, lending, selling, transferring, redistributing, or sublicensing our Services to any third party.
• Prohibition of Unauthorized Means. You may not use or advocate the use of cheats, modifications, exploits, or any unauthorized means to disrupt or gain unfair advantage in your utilization of our Services.
• Commercial Use. Our Services may not be used for any commercial purposes without obtaining our prior written consent.
• Disruption of Service. You must not attempt to disrupt or overload the normal operation of our Services or our underlying infrastructure.
• Unauthorized Access. Any attempts to gain unauthorized access to our Services are strictly prohibited.
• Automated Use. You are not permitted to make any automated use of our Services.
• Impersonation. It is forbidden to impersonate any other individual or entity while using our Services.
• Privacy. Posting personal information of another individual without their consent is not allowed.
• Prohibited Content. Our Services may not be used to distribute prohibited content or materials, including but not limited to sexually explicit or pornographic content, promotion of violence, hate speech, or terrorism, or discriminatory content against individuals or groups based on race, ethnicity, religion, gender, or other protected attributes.
• Reverse Engineering and Hacking. You are prohibited from attempting to decompile, reverse engineer, disassemble, or hack any aspect of our Services.
• Harassment and Abuse. The Services must not be used to harass, abuse, threaten, or harm any individual or group.
• Copyright and Derivative Works. Copying, distributing, or creating derivative works from our Services without our written consent is prohibited.
• Data Aggregation. You must not aggregate information or data, including data related to us, our Services, or other users, without our permission.
• Compliance with Laws. Your use of our Services must comply with all applicable laws and regulations.
• Data Usage Quotas. You are responsible for ensuring that your use of our Services does not exceed any data usage quotas or limitations imposed by third-party services.
• Compliance with Digital Storefront Terms. You must comply with the terms of service of the relevant digital storefront (e.g., Apple iOS App Store, Google Play Store) from which you obtained our Services.
• Compliance with Third-Party Terms. Additionally, you must adhere to any applicable third-party terms of agreement, such as those imposed by Facebook’s terms of use.
• Truthfulness of Information. Any information provided to us must be true, accurate, and complete at all times.
• Location Restrictions. In order to utilize our Services, you must be physically located within the territory where the Service is made available. If you are not physically located within the country where the Service is made available, you will be deemed to be physically located in the country from which you have downloaded the Service. Additionally, you must not be located in a country subject to embargo by the government of the United States of America, listed on any prohibited or restricted parties list by the government of the United States of America, or in violation of any applicable laws.
• Illegal Activities. No content may be displayed promoting or facilitating illegal activities.

RIGHTS GRANTED TO USER

• Grant of Limited Rights. Subject to the terms outlined herein, we provide you with a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to utilize our Services. This right is granted solely for your personal, non-commercial, and entertainment purposes. Any other use of our Services beyond these specified purposes is strictly prohibited. It’s important to note that these rights are contingent upon your full compliance with the terms outlined in this agreement.
• Retention of Ownership. Except as expressly provided within these terms, no additional license or rights are granted to you. We maintain full ownership, titles, and interests in and to the Services, which encompass various elements such as copyright, trademarks, software code, characters, themes, in-app items, and any other rights derived from the Services.
• Restrictions on Use. The Services, including all associated components, may not be copied, reproduced, or distributed through any means or medium without obtaining our prior written consent. This consent will be granted or denied at our sole discretion.
• Termination of License. This license granted to you will automatically terminate upon the disposal of the Services by you or if we decide to terminate the license in accordance with the terms outlined in this agreement.

PARENTAL CONTROLS AND CHILD PROTECTION

If the app is used by children, parents or legal guardians must monitor their child’s activity on the Services. We provide parental control settings and recommend the use of device-level parental controls. For additional support, please refer to our Privacy Notice.

Parents can also request the deletion of their child’s data by contacting us at [email protected].

IN-APP PURCHASES

• In-App Purchases. The Service may offer virtual goods, currencies, or other items for purchase (“In-App Purchases”). You agree to pay all fees and applicable taxes incurred for any In-App Purchases made through the Service.
• Payment Information. You represent and warrant that you have the legal right to use any payment method used for In-App Purchases, and you authorize us or our third-party payment processor to charge your chosen payment method for any purchases made. All transactions made through third-party payment processors are managed by that payment processor, and refunds, cancellations, or disputes must be resolved directly with them.

TERMINATION OF ACCOUNT OR SERVICES

We reserve the right to take various actions regarding your Account or access to our Services in the event of violations of these Terms or improper use. These actions may include:

• Limiting. We may restrict certain features or functionalities of your Account or access to our Services.
• Suspending. We may temporarily suspend your Account or access to our Services.
• Terminating. We may permanently terminate your Account or access to our Services.
• Modifying. We may make changes to your Account or access to our Services, such as adjusting settings or permissions.

These actions may be taken if we determine that you have violated any of the terms outlined in this agreement or have engaged in improper use of our Services.

Additionally, we reserve the right to delete inactive Accounts. An inactive Account is one that has not been accessed or used for a certain period of time, as determined by us.

It’s important to understand that these actions are taken at our discretion and may be implemented without prior notice, depending on the severity of the violation or improper use.

INTELLECTUAL PROPERTY

We, as the provider of the Services, own or have licensed all Intellectual Property rights associated with our Services. However, you retain ownership of any Intellectual Property rights in the content you generate and share through our Services. By using our Services, you grant us a license to utilize, exploit, or modify your user-generated content without compensating you.

UPDATES & ACCESS TO OUR SERVICES

We reserve the right to modify or withdraw our Services at any time, and the Services may be temporarily unavailable for maintenance. Updates to our Services may be provided at our discretion, and it is your responsibility to update both our Services and any relevant third-party software.

THIRD-PARTY SERVICES

Third-party services may be integrated into or used in conjunction with our Services, and your use of these services is subject to their respective terms and conditions. We disclaim liability for the actions or services provided by third parties.

ADVERTISING DISCLAIMER

• General Advertising Practices. Insta-Games may display advertisements within our Services. These advertisements may be tailored based on non-personal data or contextual information. We ensure that all advertisements comply with applicable laws and regulations, including the Google Play Ads Policy and Apple’s App Review Guidelines.
• Children’s Advertising Compliance. For apps designed for children, we only use Google Play’s Families Self-Certified Ads SDKs to ensure compliance with child safety standards. No personalized ads are shown to children. We do not collect or use personal data from children under the age of 13 for advertising purposes without verifiable parental consent.
• Third-Party Advertising. Some advertisements within our Services that comply with COPPA and do not use behavioural advertising may be provided by third-party networks. Such advertisements will be clearly distinguished from the app’s content and will be non-intrusive. Notwithstanding the foregoing, we are not responsible for the content of third-party advertisements. Users are encouraged to review the privacy policies of any third-party advertisers.
• Managing Ad Preferences. Parents can manage their child’s ad experience through the device settings or within the app. For more information on how we manage advertisements, please refer to our Privacy Notice.
• No Endorsement. The appearance of third-party advertisements within our Services does not imply endorsement, approval, or recommendation by Insta-Games.

DISCLAIMER & RELEASE

We, as the provider of the Services, absolve ourselves of liability for any claims or losses that may arise directly or indirectly from various factors related to the use of our Services. This disclaimer covers a range of potential issues, including but not limited to:

• Service interruptions. We are not responsible for any disruptions or outages in the availability of our Services, whether temporary or prolonged.
• Data corruption. We disclaim liability for any loss or corruption of data that may occur while using our Services.
• Other causes. This disclaimer extends to any other unforeseen circumstances or events that may impact the functionality or usage of our Services.

By using our Services, you agree to release us from any legal claims or liabilities that may arise from these issues.

It’s important to note that while we strive to provide a reliable and uninterrupted service, certain factors beyond our control may affect the performance or availability of our Services. Therefore, Users should understand and accept the inherent risks associated with using online services.

WARRANTY

OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES. THIS MEANS THAT WE DO NOT MAKE ANY GUARANTEES REGARDING THE PERFORMANCE, RELIABILITY, OR SUITABILITY OF OUR SERVICES FOR YOUR SPECIFIC NEEDS. OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, WHICH MEANS THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT MAY OCCUR AS A RESULT OF USING OUR SERVICES. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SECURITY

While we make efforts to protect your information, we cannot guarantee total security. Despite our best efforts, there is always a risk of unauthorized access, data breaches, or other security incidents.

It is your responsibility to take precautions to protect your devices from viruses, malware, and other forms of interference. This may include using antivirus software, keeping your software up to date, and being cautious about the websites you visit and the information you share online.

PRIVACY NOTICE

We collect, process, use, and share personal information in accordance with our Privacy Notice. This means that we are committed to protecting your privacy and handling your personal information responsibly. Our Privacy Notice outlines how we collect, use, and protect your personal information, as well as your rights and choices regarding your data.

CONTACT US

If you have questions about these Terms or our Services, contact us at:

• Insta-Games
• Address: 1085 SS Erin Rd Debe Trinidad West Indies
• Email: [email protected]  

GENERAL TERMS

Entire Agreement. These Terms constitute the entire agreement between you and us, governing your use of our Services. Any provisions that are found to be invalid or unenforceable do not affect the validity of the remaining terms.

Waiver. Our failure to enforce any right under these Terms does not waive our right to enforce it later. This means that if we choose not to enforce a particular provision of these Terms at a certain time, we can still choose to enforce it at a later time if necessary.

Termination. We reserve the right to terminate or suspend your access to the Service at any time and for any reason without prior notice.

Survival. Upon termination of these Terms, all provisions that by their nature should survive termination, including but not limited to User Content, In-App Purchases, Privacy Notice, and Disclaimer of Warranties, shall remain in full force and effect.

Limitation of Liability. In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with your use of the Services.

Governing Law and Jurisdiction. These Terms are governed by the laws of West Indies. This means that any disputes or legal matters arising from these Terms will be subject to the laws of West Indies.