Terms and Conditions ("Terms")
Last updated: January 25, 2023
InstaService LLC ("InstaService," "we," "us," or "our") provides a mobile app marketplace platform (the "Service") that connects users with service providers. By accessing or using the Service, you ("you," "your," or "user") agree to be bound by the following terms and conditions (the "Terms of Service" or "Terms").
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, please do not use or access the Service.
1. Eligibility. Use of the Service is void where prohibited. By using the Service, you represent and warrant that:
a. You are 18 years of age or older and have the legal capacity to enter into a contract
b. You are not a person who is prohibited from using the Service under the laws of the United Arab Emirates or other applicable jurisdiction.
c. You have not previously been suspended from the Service.
d. If you are using the Service on behalf of an entity, you represent and warrant that you have the authority to bind such entity to these terms and that by using the Service, you are accepting these terms on behalf of such entity.
e. InstaService reserves the right to refuse or terminate access to the Service to anyone at any time, in its sole discretion.
2. Service Provider Accounts. Service Providers are required to register for an account with InstaService Pro, which is specially designed for them, in order to access certain features of the Service, such as the ability to view and respond to service requests posted by Service Seekers.
a. As part of the registration process, Service Providers must provide certain information, such as their business name, contact information, and relevant credentials. InstaService reserves the right to verify this information and to refuse registration or access to the Service if the information provided is found to be inaccurate or incomplete.
b. Service Providers are responsible for maintaining the security of their accounts, including keeping their login credentials confidential and not sharing them with others. Service Providers must notify InstaService immediately of any unauthorized use of their accounts.
c. Service Providers are responsible for all activities that occur under their accounts, and are solely responsible for their services and their interactions with Service Seekers. InstaService reserves the right to terminate a Service Provider's account at any time for any reason, including, but not limited to, a violation of these terms.
3. User Accounts. Users are required to register for an account with InstaService in order to access certain features of the Service, such as the ability to post service requests, connect with Service Providers, and make payments.
a. As part of the registration process, Users must provide certain information, such as their name, contact information, and payment details. InstaService reserves the right to verify this information and to refuse registration or access to the Service if the information provided is found to be inaccurate or incomplete.
b. Users are responsible for maintaining the security of their accounts, including keeping their login credentials confidential and not sharing them with others. Users must notify InstaService immediately of any unauthorized use of their accounts.
c. Users are responsible for all activities that occur under their accounts and are solely responsible for their service requests and their interactions with Service Providers. InstaService reserves the right to terminate a User's account at any time for any reason, including, but not limited to, a violation of these terms.
4. Service Provider Obligations. Service Providers are required to comply with the following obligations when using the Service:
a. Provide accurate and complete information about their business, services, and qualifications during the registration process and keep this information up to date.
b. Respond to Service Requests in a timely manner and provide a clear and detailed quotation for the requested service.
c. Provide services in accordance with all applicable laws, regulations and industry standards.
d. Provide services that are safe and do not pose a threat to the health and safety of Service Seekers or the public.
e. Maintain all necessary licenses, permits, and insurance required to provide their services.
f. Do not engage in any deceptive, fraudulent, or misleading practices.
g. Notify InstaService immediately of any issues or disputes that may arise with Service Seekers.
h. Comply with all terms and conditions of these terms of service.
i. Service Providers who do not comply with these obligations may have their account terminated by InstaService.
5. User Obligations. Users are required to comply with the following obligations when using the Service:
a. Provide accurate and complete information about themselves during the registration process and keep this information up to date.
b. Communicate clearly and professionally with Service Providers when requesting services or discussing any issues or disputes that may arise.
c. Do not engage in any deceptive, fraudulent, or misleading practices.
d. Notify InstaService immediately of any issues or disputes that may arise with Service Providers.
e. Comply with all terms and conditions of these terms of service.
f. Users who do not comply with these obligations may have their account terminated by InstaService.
6. Intellectual Property. The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by InstaService, its licensors, or other providers of such material and are protected by United Arab Emirates and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
a. These terms permit you to use the Service for your personal, non-commercial use only. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by InstaService.
b. You must not use any part of the content on our Service for commercial purposes without obtaining a license to do so from us or our licensors.
c. InstaService's name, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of InstaService or its affiliates or licensors. You must not use such marks without the prior written permission of InstaService. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.
7. Limitation of Liability. In no event shall InstaService, its affiliates, or their respective officers, directors, agents, or employees be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, (iii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
a. The limitations of liability set forth in this section shall apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if InstaService has been advised of the possibility of such damage.
8. Termination. These terms are effective unless and until terminated by either party. If you wish to terminate these terms, you may discontinue your use of the Service.
a. InstaService may terminate these terms at any time and without notice to you and may discontinue or restrict your use of the Service if InstaService believes that you have violated these terms.
b. Upon termination, all licenses granted by you to InstaService will terminate, and InstaService will have no further obligations or liabilities to you under these terms.
c. Sections of these terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Governing Law. These terms and your use of the Service shall be governed by and construed in accordance with the laws of the United Arab Emirates, without giving effect to any principles of conflicts of law.
a. You agree that any action at law or in equity arising out of or relating to these terms or the Service shall be filed only in the courts located in the United Arab Emirates, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
b. If any provision of these terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
10. Dispute Resolution. Any dispute arising out of or relating to these terms or the Service shall be resolved through binding arbitration in accordance with the UAE Arbitration Law. The arbitration shall be conducted in Dubai, United Arab Emirates.
a. The arbitration shall be conducted by a single arbitrator, who shall be a neutral third party and an expert in the field related to the dispute. The decision of the arbitrator shall be final and binding on both parties.
b. Either party may initiate arbitration by providing written notice to the other party. The arbitration proceedings shall be conducted in the English language.
c. This section does not prevent either party from seeking injunctive or other equitable relief from the courts for the protection of its intellectual property rights.
d. You agree that any claim you may have arising out of or related to these terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
11. Entire Agreement. These terms, together with the Privacy Policy, constitute the entire agreement between you and InstaService regarding the use of the Service.
a. These terms supersede all prior agreements and understandings, whether written or oral, regarding the use of the Service.
b. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
c. You may be subject to additional terms and conditions that may apply when you use or purchase certain other InstaService services, affiliate services, third-party content, or third-party software.
12. Changes to Terms of Service. InstaService reserves the right to make changes to these terms at any time and at its sole discretion.
a. If we make changes to these terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Service, or updating the "Last Updated" date at the top of these terms.
b. Your continued use of the Service following any changes to these terms constitutes your acceptance of such changes. If you do not agree to any changes to these terms, you must stop using the Service.
13. User Conduct. You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. You will not use the Service to
a. Post, upload, publish, submit or transmit any Content that is unlawful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
b. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
c. Harvest or collect email addresses or other contact information of users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
d. Use automated scripts to collect information from or otherwise interact with the Service.
e. Post, upload, publish, submit or transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
f. Post, upload, publish, submit or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
g. Post, upload, publish, submit or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment.
h. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
i. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the UAE Securities & Commodities Authority and Dubai Financial Market Act or other applicable jurisdiction, any rules of any national or other securities exchange, and any regulations having the force of law.
j. Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.
InstaService reserves the right to terminate or suspend your access to the Service or any portion thereof, without notice, if you violate these terms.
You agree to use the Service for lawful purposes only, and to comply with all laws and regulations that apply to your use of the Service. You must not use the Service in any way that is illegal, fraudulent, or harmful to InstaService, service providers, or other users.
14. Safety. InstaService is not responsible for the conduct of any service provider or user on or off of the Service. You are solely responsible for your interactions with other service providers and users of the Service.
a. As a user, you should exercise caution and use your best judgment when selecting a service provider and using the Service. You should carefully read the service provider's listing, check their ratings and reviews from previous customers, and ask any questions you may have before booking their services.
b. As a service provider, you should exercise caution and use your best judgment when interacting with users. You should not provide personal information to users that you would not want to be publicly available.
c. InstaService is not responsible for any damages or harm that may arise from your interactions with other service providers or users or the quality of services provided by service providers.
d. If you ever feel unsafe or uncomfortable with another service provider or user, please contact InstaService immediately and we will take appropriate action to ensure your safety and the safety of others.
15. Content. The Service allows users to post, upload, publish, submit or transmit various forms of content, including but not limited to text, images, videos, reviews, ratings, and comments (collectively "Content"). You are solely responsible for the Content that you post, upload, publish, submit or transmit through the Service.
a. By posting, uploading, publishing, submitting or transmitting Content on the Service, you grant InstaService a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Content in all formats and distribution channels now known or hereafter devised (the "Content License").
b. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the Content License set forth in this section, (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights.
c. InstaService reserves the right to remove any Content from the Service, with or without notice, if it violates these terms, or for any other reason in its sole discretion.
d. You understand that when using the Service, you will be exposed to Content from a variety of sources and that InstaService is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against InstaService with respect thereto.
16. Payment. InstaService connects Service Providers with Service Seekers through its platform. Service Providers make payments for being connected with a user. InstaService does not take any commission or other cut from service payment.
a. Users can pay by card or cash after the service to confirm the service. In case of payment by card, InstaService will take the responsibility to settle the payment to the Service Providers deducting any processing or other fees.
b. You agree that all payments made by Service Providers through the Service are final and non-refundable unless otherwise determined by the Service Provider. Payments made by users may be refundable depending on the Service Provider's policy.
c. InstaService uses third-party payment processors to facilitate transactions made through the Service. By using the Service, you agree to be bound by the terms and conditions of these third-party payment processors.
d. You are responsible for any fees or charges imposed by your bank or payment provider. InstaService is not responsible for any errors by the payment provider or bank
e. In case of any disputes or issues related to the payment, users are encouraged to reach out to InstaService support team for assistance.
17. Service Providers Payouts and Settlements:
a. Payments: Payments for services received by the InstaService app will be settled to the service provider’s bank account within one week from the date of payment request. The payment request can be initiated by the service provider through their account on our platform. We will process the payment within one week and it may take additional time to reflect in the service provider's bank account depending on the payment method and the service provider's bank.
b. Online Payment Processing Fee: We charge a 3% online payment processing fee on the total payout amount. This fee is deducted from the final payout amount before processing the payment. The service provider will receive the remaining balance after deducting the processing fee.
c. Taxes: Service providers are responsible for paying any applicable taxes on their earnings. We do not withhold any taxes on behalf of the service provider. It is the service provider's responsibility to report their earnings and pay the applicable taxes to the appropriate authorities.
d. Disputes: In case of any dispute regarding the payment or settlement, the service provider should contact our customer support team immediately. We will investigate the matter and provide a resolution as soon as possible.
e. Termination: We reserve the right to terminate a service provider's account and withhold any pending payments if the service provider violates our terms and conditions or engages in fraudulent activities.
By using our platform, the service provider agrees to these terms and conditions for payouts and settlements. We reserve the right to modify these terms and conditions at any time without prior notice. It is the service provider's responsibility to review these terms and conditions periodically to stay informed about any changes.
18. Discontinuing the Account. You may discontinue your account at any time by providing notice to InstaService by sending an email to support@instaservice.ae. It may take up to 30 days to complete the account discontinuation and deletion process.
a. If you discontinue your account, your account will be deactivated and you will no longer have access to the Service.
b. InstaService may discontinue your account at any time, with or without notice, if it determines in its sole discretion that you have violated these terms, or for any other reason. In case of discontinuation of your account, any payment made towards the Service will not be refunded.
c. Upon discontinuation of your account, all licenses granted by you to InstaService will terminate, and InstaService will have no further obligations or liabilities to you under these terms.
19. App Uptime. InstaService strives to maintain 100% uptime for the app, however, there may be instances of downtime due to the server and other technical issues. InstaService does not guarantee that the app will be secure, bug or error-free, or that it will function without disruptions.
a. The app may not be functional during maintenance and updates, which may be necessary to improve the performance and security of the app. InstaService will make reasonable efforts to inform users in advance of scheduled maintenance or updates.
b. You understand and acknowledge that InstaService does not control the availability of the app on a continuous or uninterrupted basis and that InstaService shall not be liable for any unavailability, interruptions, or errors.
20. Indemnification. You agree to indemnify, defend, and hold harmless InstaService, its affiliates, and their respective officers, directors, agents, and employees from and against any claims, actions or demands, liabilities, and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these terms.
a. InstaService shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
21. Disclaimer. The Service is provided on an "as is" and "as available" basis and InstaService makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service.
a. You understand and acknowledge that InstaService is not responsible for the conduct of other users or service providers on or off the Service. InstaService is also not responsible for any events, losses, or damages that may arise from your use of the Service, including but not limited to direct, indirect, incidental, general, special, consequential, exemplary, or punitive damages, death, bodily harm, emotional/psychological distress, financial losses, or any other damages of any kind.
b. InstaService does not warrant that the Service, its servers, or any email sent from InstaService are free of viruses or other harmful components. InstaService will not be liable for any damages of any kind arising from the use of the Service, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages.
c. You agree to use the Service at your own risk and that InstaService shall have no liability to you for any content that you may find offensive, or indecent,
By using the Service, you acknowledge that you have read and understand these Terms of Service and that you agree to be bound by them. If you do not agree to these Terms of Service, you may not use the Service.