Terms of Service
Effective as of May 27, 2024
Welcome to Instafill!
Instafill is a form automation and document processing AI-powered platform designed to simplify the process of filling out PDF forms. Since our platform is cloud-based, you can access it through the web and any number of device types (e.g., desktop, laptop, tablet, and smartphone devices) that you choose.
This document, the Instafill Terms of Service ("Terms"), outlines the terms regarding your use of our platform. These Terms are a legally binding contract between you and Botmakers, LLC so please read carefully. If you do not agree with these Terms, do not register or use any of the Services.
By using, accessing or browsing the Instafill Service, platform and products including websites, applications, extensions, addons or other properties owned or operated by Botmakers, LLC or by registering for an Instafill account ("Services") you are agreeing to be bound by these Terms for the Services provided by Botmakers, LLC ("Instafill" or "we" or "us" or "our"). If you reside in the United States, you are entering into this contract with Botmakers, LLC. If you reside outside of the United States, you are entering into this contract with Botmakers, LLC.
In order to use the Service, you must be legally permitted to accept these Terms.
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PRIVACY
In order to operate and provide the Services, we collect certain information about you. We use and protect that information as described in our Privacy Policy. You acknowledge your use of the Services is subject to our Privacy Policy and understand that it identifies how Instafill collects, stores, and uses certain information.
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MODIFICATIONS
We may revise these Terms to better reflect:- Changes to the law
- New regulatory requirements
- Improvements or enhancements made to our Instafill Services
If an update affects your use of the Instafill Services or your legal rights as a user, we'll notify you prior to the update's effective date by sending an email to the address associated with your account or via an in-product notification. These updated Terms will be effective no less than 30 days from when we notify you.If you don't agree to the updates, please cancel your account and stop using the Instafill Services before the updated Terms become effective. Where applicable, we'll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Instafill Services after the updates come into effect, you agree to be bound by the revised Terms. -
ACCOUNT REGISTRATION AND USE
3.1 Customer Registration
To access and utilize the Instafill Service, Customer and its Authorized Users may be required to register for an Instafill account. Instafill reserves the right to create accounts for users to facilitate the use of the Instafill Service. Account information must be accurate, current, and complete, and will be subject to the Instafill Privacy Policy for the Instafill Service. Customer undertakes to maintain this information up-to-date to receive notifications, statements, and other communications via email or through the Instafill Service. Customer is responsible for safeguarding passwords and other access credentials for the Instafill Service, ensuring they are kept confidential and not shared with unauthorized individuals.3.2 Account Management
If any Authorized User ceases to be associated with Customer, Customer must promptly revoke that individual's access to its account and any Instafill Service. Customer is accountable for all activities conducted using its and its users' accounts, passwords, or access credentials. In the event of a security breach or unauthorized account usage, Customer must promptly notify Instafill.3.3 Account Usage
If any Authorized User ceases to be associated with Customer, Customer must promptly revoke that individual's access to its account and any Instafill Service. Customer is accountable for all activities conducted using its and its users' accounts, passwords, or access credentials. In the event of a security breach or unauthorized account usage, Customer must promptly notify Instafill. -
LICENSE TO USE OUR SERVICES
4.1 Ownership and Rights to Access and/or Use the Services
By using the Instafill Services and subject to your compliance with these Terms:- Instafill grants to you a limited, personal, non-exclusive, non-transferable, revocable right to use and/or access the Services.
- You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, software, products and/or services obtained from and/or through the Services without the express prior written permission of Instafill.
Neither these Terms nor your access to and/or use of the Services transfers to you and/or any third-party any rights, title and/or interest in any intellectual property rights related to the Services.
4.2 Reservation of Rights
Our Services are protected by applicable intellectual property laws, including United States copyright law and international treaties. Subject to the limited rights expressly granted hereunder, Instafill and/or its third-party providers, licensors, and suppliers reserve all rights, title, and interest in and to the Services, including without limitation, all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.4.3 Availability of Content
We do not guarantee that any content will be made available on the Services. We reserve the right to, but do not have any obligation to:- Remove, edit and/or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims and/or allegations from third parties and/or authorities relating to such content and/or if we are concerned that you may have violated these Terms), and/or for no reason at all.
- Remove or block any content from the Services.
4.4. Beta Testing
If you receive access to the Instafill Services or Service features as an alpha, beta, or early access offering ("Beta Testing"), usage is permitted solely for internal evaluation until the earlier of:- The conclusion of the Beta Testing period for which you registered for the relevant Service(s).
- The commencement date of any purchased subscriptions ordered for such Service(s).
- Termination by Instafill at its sole discretion.
- Your use of the Beta Testing will meet your requirements.
- Your use of Beta Testing will be uninterrupted, timely, secure, or error-free.
- Usage data provided during Beta Testing will be accurate.
4.5. Marketing of Services, Products, and/or Events
During the registration process, customers are given the option to receive relevant information about the Service, including related tips and training, as well as details about other products and services that may be of interest. In this context, Instafill may contact the customer via the email provided during registration. Participation is voluntary, and declining to opt-in will not affect the Service. If a customer chooses to receive marketing materials, consent can be revoked at any time by clicking the unsubscribe link in the email and as outlined in Instafill's Privacy Policy. Revoking consent will not impact Instafill's ability to communicate regarding transactional or service support matters unrelated to marketing. -
OWNERSHIP AND FEEDBACK
5.1 Customer Data
Regarding the content and documents uploaded into the Instafill Services by the Customer (referred to as "Customer Data"), Customer retains all rights, title, and interest, including any intellectual property rights. Customer grants Instafill a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify, and create derivative works of the Customer Data to provide the Instafill Services or as permitted in these Terms. Instafill is authorized to use and process Customer Data as outlined in these Terms and the Instafill Privacy Policy, including sharing content and documents with third parties as directed by Customer's use of the Instafill Services.5.2 Aggregate/Anonymous Data
Instafill has the right to generate aggregate or anonymous data, which is owned by Instafill and may be used for business purposes during or after the term of this Agreement. This data will be disclosed externally in a de-identified form that does not identify Customer, Authorized Users, or end users. Customer is not accountable for Instafill's use of aggregate or anonymous data.5.3 Instafill Intellectual Property
This agreement grants access to and use of the Instafill Services. Customer acknowledges that they are obtaining a limited right to use the Instafill Services and that no ownership rights are transferred. Instafill retains all rights, title, and interest in the Instafill Services, including related documentation, technology, code, and updates. Customer has no right to obtain a copy of the software behind the Instafill Services.5.4 Feedback
If Customer provides any suggestions, comments, improvements, or feedback (collectively, "Feedback"), Customer grants Instafill a worldwide, perpetual, non-revocable right and license to use, copy, disclose, and exploit the Feedback without any obligation or payment. Instafill may use Feedback independently to develop, evaluate, or market products. -
DATA PRIVACY & SECURITY
6.1 Instafill Privacy Policy
The information you provide to us or that we collect will be used as described in these Terms and in the Instafill Privacy Policy (currently available at https://instafill.ai/home/privacy). Please carefully read the Instafill Privacy Policy as it contains important details about our collection, use and retention of information.6.2 Security
Instafill protects your information from unauthorized use or disclosure by taking reasonable technical and organizational measures designed to secure our systems from unauthorized access, use or modification.6.3 Customer Data Limitations
These Terms constitute Customer's instructions to Instafill to Process Customer Data. Instafill will only Process, access, use, store, and transfer Customer Data as Customer instructs in order to deliver the Instafill Services and to fulfill Instafill's obligations in the Agreement. The categories of Personal Data to be processed by Instafill and the processing activities to be performed under this Agreement are set out in the Data Processing Agreement. Instafill will inform Customer of any legal requirement which prevents it from complying with Customer's instructions, unless prohibited from doing so by applicable law or on important grounds of public interest.6.4 Data Transfers
Customer agrees that Instafill and its Subcontractors may transfer Customer Data to and access, use, and store Customer Data in locations other than Customer's country. -
CUSTOMER OBLIGATIONS
7.1 Customer Responsibilities
Customer agrees to:- Maintain a legally-adequate privacy policy on its Customer Properties and provide all required disclosures.
- Obtain all necessary rights, releases, and consents to allow Customer Data or other information (including any personal information) to be collected, used, and disclosed as contemplated by these Terms and to grant Instafill the rights and licenses set out herein.
- Not take any action that would cause Instafill or the Instafill Services to become subject to any third-party terms (including open source license terms).
7.2 Representations and Warranties
Customer represents and warrants that its Customer Properties, and the collection, use, and disclosure of Customer Data will not violate any third-party rights, including intellectual property, privacy and publicity rights. Customer further represents and warrants that its collection and use of any personal information or data provided to Instafill complies with all applicable data protection laws, rules, and regulations. If Customer receives any take down requests or infringement notices related to Customer Data, it must promptly stop using the related item with the Instafill Service and notify Instafill. If Instafill receives any such notices, Instafill may respond in accordance with its policies, and will notify and consult with the Customer on next steps. -
PAYMENT
8.1 Billing and Fees
You can purchase a monthly or annual subscription plan for Instafill, and your credit card on file will be charged on a recurring basis. All fees due to Instafill under these Terms must be paid in full without any deduction, set-off, counterclaim or withholding unless required by law. All fees are exclusive of applicable taxes, which will be added at the prevailing rate. When you sign up for a paid plan, you agree to pay and take responsibility for all charges made in accordance with the chosen plan, and your subscription will automatically renew at the end of the term unless you cancel as outlined below. Instafill reserves the right to change the fees and applicable charges at the end of the initial term before the renewal period.8.2 Cancellation Policy
You must notify Instafill in writing of any changes to your account information or termination of authorization at least thirty (30) days prior to the next billing date. Upon cancellation, you will pay all outstanding fees, taxes, charges and expenses owed. However, no refunds (prorated or otherwise) are provided upon cancellation. No exceptions will be made.8.3 Monthly Plan Billing
Instafill's monthly plans provide month-to-month access, with charges occurring each renewal day (same day of the month as original signup). Monthly plans automatically renew every month. If you cancel before an upcoming renewal, you'll have access until the end of that month.8.4 Annual Plan Billing
Instafill's annual plans provide year-to-year access at a discount over monthly plans. Annual charges occur each renewal date (same date annually as original signup). Annual plans automatically renew yearly. If you cancel before an upcoming renewal, you'll have access until the end of that year.8.5 Failed Charges; Suspension
If your credit card is closed, information changed, or a charge rejected, you must immediately update your account or provide new payment details. If you cannot update payment information, Instafill will invoice the amount due, payable within 7 days. Notify Instafill in writing of any account changes at least 30 days before the next billing date. Instafill may disable your password, account and access if fees remain unpaid 45 days after the due date, until paid in full. Terminated accounts may be reactivated by providing valid payment for all accrued charges since the failed payment. -
USER CONTENT
9.1 User Representations and Warranties
You represent and warrant that:
(i) Any information and/or content you provide in connection with accessing or using the Instafill Services is true, accurate, complete, and you will regularly maintain and update such information.
(ii) You will respect the intellectual property rights, information, and all rights of Instafill, other Services users, and all third parties.
(iii) Any information and/or content you provide through the Instafill Services does not infringe on any proprietary rights of any party, including patents, trademarks, trade secrets, copyrights, rights of publicity, and/or other rights.9.2 User Content
All content you upload, create, and/or submit, personalization settings and other information and/or content provided to Instafill or placed on your Instafill account ("User Content") is the sole responsibility of the person who originated such User Content. Instafill has no responsibility or liability for the deletion, accuracy, storage, transmission, receipt, security, privacy of any User Content, or other communications originating from or involving use of the Services. You hereby grant Instafill a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, assignable, sub-licensable, transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, and perform the User Content for providing the Services and allow Instafill to use your name and logo for marketing purposes. You represent that you own and/or have the necessary permissions to use and authorize use of User Content as described herein. Notwithstanding anything to the contrary, Instafill may collect aggregated, anonymized data derived from your use of the Services that cannot identify any person.9.3 Third-Party Content
The Instafill Services may contain User Content provided by other users and third parties. You assume all risks associated with User Content, including reliance on its quality, accuracy, and reliability. Instafill is not responsible for and does not control such User Content. Instafill disclaims any liability for your disclosure of personally identifiable or confidential information submitted via the Services to other users. It is your responsibility to ensure Services users to whom you submit such information will take appropriate security and non-disclosure measures. -
TERM; TERMINATION
Subject to this Section, these Terms will remain in full force and effect while you access and/or use the Instafill Services. We may terminate your Account and/or your access to and/or use of all or any part of the Services at any time, with or without cause, with or without notice, effective immediately and without liability, which may involve deletion of your User Content associated with your Account from our databases. You agree that Instafill will not be liable to you or to any third party for such termination action(s).If you wish to terminate your Account, you may do so through your Account by following the instructions provided. Instafill will have no liability whatsoever to you for any termination of your rights under these Terms, including without limitation, for termination of your Account and/or deletion of your User Content. -
UPDATES TO THE SERVICE
Instafill may make deployments of changes, updates or enhancements to the Services or modifications to Instafill's default settings at any time. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether. -
THIRD PARTY PRODUCTS
Instafill may make available to you optional third-party applications, services or products, for use in connection with the Instafill Services ("Third-Party Products"). These Third-Party Products are not necessary for the use of the Instafill Services, and your use of the Third-Party Products (and any exchange of information, licenses, payments, etc.) is solely between you and the applicable third-party provider. Instafill makes no warranties of any kind and assumes no liability whatsoever for your use of such Third-Party Products.If you have any questions or concerns regarding the Third-Party Products, please contact the applicable third-party provider directly. -
INSTAFILL PROPRIETARY RIGHTS
All contents of the Instafill website and Services, including but not limited to logos, designs, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement, as well as Instafill Confidential Information, belong to Instafill and/or its suppliers.Instafill or its licensors own and reserve all rights, title, and interest in and to the Services and all hardware, software, and other items used to provide the Services, other than the rights expressly granted to you to use the Services and Instafill Confidential Information. No title to or ownership of any proprietary rights related to the Services or Instafill Confidential Information is transferred to you pursuant to these Terms.If you provide comments, suggestions, and recommendations to Instafill about the Service (e.g., modifications, enhancements, improvements), you are automatically assigning this Feedback to Instafill. -
NO WARRANTY OR CONDITIONS
There are certain things that we do not promise about the Instafill Services. Other than as expressly stated, we do not make any commitments about the specific functionality available through the Services, their reliability, availability, or ability to meet your needs.TO THE EXTENT NOT PROHIBITED BY LAW, INSTAFILL (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE INSTAFILL SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. -
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL YOU OR INSTAFILL AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF INSTAFILL HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.THE AGGREGATE LIABILITY OF YOU OR INSTAFILL AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES, SAVE IN RESPECT OF LIABILITY ARISING UNDER SECTION 16 OF THESE TERMS, WILL BE LIMITED TO THE GREATER OF: (A) ONE AND A HALF (1.5) TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR THAT SERVICE; OR (B) ONE HUNDRED DOLLARS ($100 U.S.D.). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS AND LIMITATIONS AREN'T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE SKILL AND CARE OR OUR BREACH OF OUR CONTRACT WITH YOU.NOTHING IN THESE TERMS AFFECTS CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.Nothing in these Terms shall exclude or limit the liability of you or Instafill and its affiliates, officers, employees, agents, licensors, resellers, suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded or limited by law.The provisions of this "Limitation of Liability" section allocates the risks under these Terms between you and Instafill, and you and Instafill have relied on these limitations in determining whether to enter into these Terms and the pricing for the Services. -
DISPUTE RESOLUTION AND GOVERNING LAW
You must comply with all domestic and international export laws and regulations that apply to your use of the Instafill Services, such as software. These laws include restrictions on destinations, end users, and end use.If you reside in the United States, you agree that these Terms, and your relationship with Instafill will be governed by the laws of the State of California, U.S.A. regardless of conflict of laws principles. We both agree that the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code, the Uniform Computer Information Transactions Act, and any law effectuating these conventions do not apply to these Terms. We both agree that all claims can only be litigated in the federal or state courts in Santa Clara County, California, USA and we each agree to personal jurisdiction in those courts. However, you agree that Instafill can apply for injunctive remedies in any jurisdiction.If you reside outside of the United States, you agree that these Terms, and your relationship with Instafill, shall be governed by the laws of England and Wales. We both agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. We both agree that all claims can only be litigated in London, England and we each agree to the exclusive jurisdiction of the courts located within London, England. However, you agree that Instafill can apply for injunctive remedies in any jurisdiction.To the extent that the following provision is not in conflict with applicable law, you may only resolve disputes with us on an individual basis and may not bring a claim or proceed in a group arbitration proceeding as a plaintiff or a class member in a class, consolidated, or representative action. -
WAIVER, SEVERABILITY & ASSIGNMENT
Instafill's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Instafill may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Instafill Services. -
CONTACT
If you would like to request additional information regarding these Terms or for any questions regarding a commercial relationship with Instafill, please contact us at [email protected].We value your feedback and are dedicated to addressing any inquiries promptly and effectively to ensure a positive user experience.