These Terms of Use became effective on April 20, 2018.
welcome to Instabot.io!
This page explains the rules that apply when you visit the Instabot website. When you visit our site, you’re agreeing to all the rules on this page. We want these rules to be clear and easy to understand, and have included summaries of the legal terms in these blue boxes. The summaries are provided to help you understand the rules, but are not part of the binding rules.
ROKO Labs LLC (d/b/a Instabot) (“Instabot" or “we”) owns and operates the Instabot.io website (“Corporate Site”). By visiting the Corporate Site, you agree to these legally binding rules (“Terms”). If you do not agree to be so bound, then you may not visit the Corporate Site.
You represent and warrant that you have the right, authority and capacity to abide by these Terms. If you are at least 13 but younger than 18 years old, your legal guardian must agree to these Terms on your behalf. Your visit to the Corporate Site signifies that your legal guardian has so agreed to these Terms. If your legal guardian does not so agree, then you may not visit the Corporate Site.
These Terms apply only to those portions of the Corporate Site that are available to all site visitors. Consequently, these Terms do not cover a customer’s use of the Instabot Platform (“Platform”). The terms and conditions that apply to a customer’s use of the Platform can be found here.
We may change these Terms from time to time. We will notify you of important changes by posting a notice on the Corporate Site. The Terms posted on the Corporate Site will say when that version went into effect. If you continue to use the Corporate Site after a change, then you have accepted the new Terms.
your right to use the corporate site
In this section Instabot gives you the legal right to access the Corporate Site for your personal use. Your right to use the Corporate Site ends when you violate the Terms. The Corporate Site and Instabot’s products and services are available only to individuals who are 13 years or older.
Instabot hereby grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access the Corporate Site, subject to your compliance with these Terms and our right to terminate your access. The Corporate Site and Instabot’s products and services are available only to individuals who are 13 years or older. The Corporate Site is not directed to children younger than 13 years old, and Instabot does not knowingly collect Personal Information from children younger than 13 years old.
acceptable conduct
We need to make sure that the Corporate Site is secure and our systems function properly. Don’t interfere with the Corporate Site, and don’t use it to break laws.
You agree that you will not:
Remove any copyright, trademark, credit, source, or other notices contained on the Corporate Site or any material downloadable from the Corporate Site.
Use the Corporate Site for any unlawful purpose.
Use the Corporate Site to harass others, or to violate third-party rights, or to collect information about users without their express consent.
Affect the way the Corporate Site is displayed, or use ActiveX, Java, JavaScript, cookies, web beacons or other tracking technologies on the Corporate Site
Interfere with or disrupt the operation of the Corporate Site or the Platform or the servers or networks used to make the Corporate Site or Platform available.
Reproduce, modify, adapt, translate, reverse engineer, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Corporate Site and Platform, without Instabot’s express prior written consent; or
Systematically gather content, or reproduce or circumvent the navigational structure or presentation of the Corporate Site or the Platform; provided that operators of public search engines may use spiders to copy text materials only (not images) from the Corporate Site as permitted by the Corporate Site’s robots.txt file located in the root directory.
text messaging member conduct, representations and warranties
Number Ownership. You understand and agree that the Corporate Site issues phone numbers for limited time use. As such, you understand and agree that you are not the owner of any toll-free, local telephone number or any other number assigned to you by the Service, and further, you understand and agree that you may not port any such assigned number from the Corporate Site to another service provider without Roko Labs, LLC’s written consent. Certain telephone numbers may not be available for assignment but get issued to you in error. All assigned numbers are provided “as is” and Roko Labs, LLC makes no warranty, representation or guarantee that any assigned number will be usable or “clean” when assigned or anytime thereafter, and you understand and agree that Roko Labs, LLC may from time to time at its sole discretion change the telephone number assigned to you. Roko Labs, LLC will not be liable for any damages (including without limitation consequential or special damages) arising out of any such reassignment or change of a telephone number.
Number Availability. Roko Labs, LLC cannot guarantee that any specifically requested telephone numbers or area codes will be available or remain available. You agree not to request a phone number or area code for the purpose of misleading or hiding your identity from people that you communicate with using the telephone number. Roko Labs, LLC will not be liable for reimbursement for any expenses you incur related to the assignment of a specific telephone number, including but not limited to business cards, stationary, event bookings, press releases or any other post or advertisement under any conditions, or for any other alleged damages, including without limitation consequential or special damages arising from any alleged failure to provide you with a specific telephone number or if your assigned number becomes unavailable or must be reassigned for any reason at any time.
You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Roko Labs, LLC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Roko Labs, LLC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Roko Labs, LLC be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
Roko Labs, LLC is solely a facilitator of the message traffic and has no visibility into or control over individual Messages as they are transmitted through Roko Labs, LLC and has no responsibility or liability with respect to the content of any individual Message. Except that Roko Labs, LLC may use programmatic means to filter (pre-screen) your messages and block your campaigns or account due to message keywords that Roko Labs, LLC has determined, in its sole description, may violate an applicable, rule, regulation, or law.
You agree NOT to use the Service to:
Upload, post, text message, email, transmit or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
Upload, post, text message, email, transmit or otherwise make available any adult Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or which violates the intellectual property rights of a third party (“Rights”);
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Corporate Site;
Upload, post, text message, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any mobile telephone, mobile device, computer software or hardware or telecommunications equipment;
“Stalk” or otherwise harass another; and/or
Using any equipment or software that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, in conjunction with your use of the Corporate Site;
Using any equipment or software that has the capacity to initiate messages without human intervention, in conjunction with your use of the Corporate Site;
Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;
Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
Harvesting, or otherwise collecting information about others, without their consent;
Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details at do not belong to you;
Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or y other harmful/deleterious programs;
Interfering with, or disrupting, networks connected to the Corporate Site or violating the regulations, policies or procedures of such networks;
Attempting to gain unauthorized access to the Corporate Site, other accounts, computer systems or networks connected to the Corporate Sites, through password mining or any other means;
Abusing the fair use policy with regard to unlimited keywords—that is, registering many keywords without using them for weeks or months, as is determined to be abuse in the sole discretion of Roko Labs, LLC;
Interfering with another’s use and enjoyment of the Corporate Site or Roko Labs, LLC Sites; or
Engaging in any other activity that Roko Labs, LLC believes could subject it to criminal liability or civil penalty/judgment.
You acknowledge that Roko Labs, LLC may or may not pre-screen Content, but that Roko Labs, LLC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Roko Labs, LLC and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
You acknowledge, consent and agree that Roko Labs, LLC may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any subpoena or other legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Roko Labs, LLC, its users and the public.
You understand and agree that all messages you send via the Roko Labs, LLC service will be sent, and certify that any subscriber list you decide to import into Roko Labs, LLC was collected, in compliance with all applicable federal, provincial, state, and local laws, regulations, and rules governing SMS messages, advertising, and telemarketing, including, without limitation, Section 5 of the FTC Act (15 U.S.C. § 45), the CAN-SPAM Act (15 U.S.C. §§ 7701-7713), the Telemarketing Consumer Fraud and Abuse Prevention Act (15 U.S.C. §§ 6101-6108), the Federal Trade Commission Telemarketing Sales Rule (16 C.F.R. § 310 et seq.), the Telephone Consumer Protection Act (47 U.S.C. §§ 227), the Federal Communications Commission regulations (47 C.F.R. 64.1200 et seq.) and orders implementing the Telephone Consumer Protection Act, all federal and state Do Not Call and calling-time restriction laws and regulations, and, as applicable for SMS to Canadian numbers, the CRTC’s Unsolicited Telecommunications Rules, including the CRTC Telemarketing Rules, National DNCL Rules, and Automatic Dialing and Announcing Device Rules, Telecom Decision CRTC 2007-48, as amended.; and all applicable industry guidelines and best practices, including, without limitation, the CTIA Short Code Monitoring Handbook and Messaging Principles and Best Practices (collectively, “Applicable Message Requirements”). Roko Labs, LLC provides the software and carrier-connectivity through which you send your messages; you are solely and exclusively responsible for complying with Applicable Message Requirements (and for defending and indemnifying Roko Labs, LLC from any claims in which it is alleged that you failed to do so). If for any reason Roko Labs, LLC suspects that your use of its Services in any way is contrary to any Applicable Message Requirements, it reserves the right to request a written explanation from you, the client, including the method of collecting the subscriber’s phone numbers and a guarantee signed by you that all the people on your subscriber list provided you prior express written consent to receive text messages from you of the type that you had sent. You agree to provide all such information and documents reasonably requested by Roko Labs, LLC. Roko Labs, LLC reserves the right to take any action it thinks appropriate in the case of non-compliance, including but not limited to suspension and/or cancellation of the account, without any liability to you therefor.
You represent and warrant that you are aware that, among other requirements, the TCPA requires prior express written consent from a consumer before you can send them marketing text messages using an autodialer, with no purchase required as a condition of their consent, and such consent must be clear and conspicuous. Furthermore, damages for each message sent in violation of the TCPA is $500 and can be $1500 if the violation is proven to be “willful and knowing.”
You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages, and that you will promptly process all such do-not-text or do-not-call requests and maintain those numbers on your internal do-not-call/text list.
You shall schedule your messages responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, pictures or videos for inclusion in any outbound messages. If you are unfamiliar or unclear on the legalities of any message that you intend to initiate through the Corporate Site, you must consult with your attorney prior to your use of the Roko Labs, LLC Sites or Corporate Sites.
You represent and warrant that you have all power and authority and have procured all rights and licenses necessary to use and text enable those Phone Numbers utilized for Roko Labs, LLC services. In the case of shared use Phone Numbers, you expressly represent that you are the Phone Number Owner.
Your Responsibilities for User Data. In connection with User Data, you hereby represent, warrant, and agree that: (a) you have obtained the User Data lawfully, and that your use of User Data through the Service does not and will not violate any applicable laws or any person or entity’s proprietary or intellectual property rights; (b) the User Data is free of all viruses, Trojan horses, and other elements that could interrupt or harm the systems or software used by Company or its subcontractors to provide the Service; (c) all User Data has and will be collected by you in accordance with a privacy policy that permits Company to share, collect, use, and disclose such User Data as contemplated under these Terms, and if required by applicable law, pursuant to consents obtained by you to do each of the foregoing; (d) you are solely responsible for ensuring compliance with all privacy laws in all jurisdictions that may apply to User Data provided hereunder; (e) Company may exercise the rights in User Data granted hereunder without liability or cost to any third party; and (f) the User Data complies with the terms of these Terms. For purposes of clarity, Company takes no responsibility and assumes no liability for any User Data, and you will be solely responsible for its User Data and the consequences of sharing it hereunder. You may not submit any User Data that includes (1) a social security number, passport number, driver’s license number, or similar identifier; (2) credit or debit card number; (3) employment, financial or health information; (4) any other information which may be subject to US data privacy and security laws, including but not limited to the Gramm-Leach-Bliley Act (GLBA) and the Health Insurance Portability and Accountability Act (HIPAA) without Company’s prior written approval; or (5) any sensitive personal data identified in Article 9 of the GDPR.
third-party businesses, products and services
We are not responsible if something bad happens when you access information through our Corporate Site, or when you transact business with a third-party business linked through the Corporate Site. We don’t endorse the third-party businesses that may be linked from our Corporate Site. In other words, use your judgment.
The Corporate Site may include links to third party businesses and websites. Instabot has no responsibility arising from your access to third-party content or information through our Corporate Site, and no liability for losses that you may sustain from a transaction with a third-party business linked through the Corporate Site. We encourage you to use your judgment in entering into transactions with third-party businesses linked from the Corporate Site.
giving feedback
When you give us feedback on our Corporate Site and our services, you should know that we have the right to use (or not use) your feedback without restriction.
Any idea, proposal, suggestion or other material that you provide to Instabot regarding the Corporate Site, Platform or our services (“Feedback”) becomes Instabot’s property. Your Feedback is provided without compensation or restriction, and Instabot is not under any obligation to use the Feedback.
Instabot's proprietary rights
The Corporate Site is legally protected in a number of ways.
The information, materials, services, and technology made available through the Corporate Site are the property of Instabot and its licensors and suppliers, and are protected by U.S. and international copyright, trademark and other rights and laws. You acknowledge that the Corporate Site, Platform, and their associated technology, and all intellectual property and proprietary rights in and to the foregoing, are the sole and exclusive property of Instabot and its licensors. Trade names, trademarks and service marks of Instabot include without limitation Instabot and all associated logos. Nothing contained on the Corporate Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Instabot trade names, trademarks or service marks without our express prior written consent. All trademarks and service marks on the Corporate Site not owned by Instabot are the property of their respective owners. We are unable to resolve or address trademark and other rights disputes between trademark owners and third parties.
complaints and concerns
If you have complaints or concerns about the Corporate Site, you can let us know.
If you have a complaint or concern regarding the Corporate Site, please send an e-mail to [email protected]. You may also contact us by writing to Instabot, 1140 Broadway, Suite 501, New York, NY 10001. Please note that e-mail communications will not necessarily be secure; accordingly you should not include sensitive information in your e-mail correspondence with us.
warranty disclaimer
We work hard to build a robust and useful Corporate Site, but we can’t guarantee that things will always work perfectly. The Corporate Site is offered to you as-is, without warranties.
THE CORPORATE SITE (INCLUDING ITS CONTENT) IS DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED. INSTABOT DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. INSTABOT DISCLAIMS LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF USERS, USERS, BUSINESSES FEATURED ON THE CORPORATE SITE, AND/OR OTHER THIRD PARTIES IN CONNECTION WITH THE CORPORATE SITE, OR RELATED TO YOUR USE OF THE CORPORATE SITE. THE LAWS OF CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF YOU ARE SUBJECT TO THESE LAWS, SOME OR ALL OF THESE DISCLAIMERS DO NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. USE OF THE SITE AND THE SERVICES IS VOID WHERE PROHIBITED.
limitation of liability
If using the Corporate Site results in something bad happening, we’re not liable other than for a small amount.
IN NO EVENT WILL INSTABOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF INSTABOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INSTABOT’S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM YOUR USE OF THE SITE SHALL NOT EXCEED THE GREATER OF YOUR ACTUAL DAMAGES OR USD $25.00. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE CORPORATE SITE IS TO STOP USING THE SITE. CERTAIN JURISDICTIONS RESTRICT OR PROHIBIT LIMITATIONS OF LIABILITY, IN WHICH CASE THIS PROVISION WOULD NOT APPLY TO YOU.
indemnity
If you violate these terms and we suffer damages, you will indemnify us.
You agree to indemnify and hold Instabot and its directors, officers, employees, agents, affiliates, licensors, licensees, sub-licensees, and sponsors harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, that arise directly or indirectly out of or from your breach of these Terms. You may not settle an indemnified claim without Instabot’s consent, which may not be unreasonably withheld.
termination
These Terms are in effect until terminated. If we think that you have violated these terms, your right to use the Corporate Site shall be terminated without prior notice. Some provisions of these terms remain in effect even after termination.
These Terms are effective until terminated. We reserve the right to investigate suspected violations of these Terms. Instabot may terminate your right to use of the Corporate Site at any time without prior notice if Instabot believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Sections 3 through 9, and 11 through 13 shall survive termination.
governing law
Any disputes between us are governed by New York State law, and may only be heard in courts located in New York, NY.
THE TERMS OF THESE TERMS ARE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, U.S.A., WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW, AND REGARDLESS OF YOUR LOCATION. FOR ANY DISPUTES ARISING OUT OF THIS AGREEMENT, THE PARTIES CONSENT TO PERSONAL AND EXCLUSIVE JURISDICTION OF AND VENUE IN THE STATE OR FEDERAL COURTS WITHIN THE STATE AND COUNTY OF NEW YORK.
general terms
The following provisions are in just about every online agreement. They ensure that these Terms are binding.
These Terms and the other material referenced in these are the entire agreement between you and Instabot regarding the Corporate Site. They supersede all other communications and proposals between you and Instabot regarding the Corporate Site. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise remain in full force and effect and enforceable. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
These Terms are personal to you. You may not assign, transfer or sublicense these Terms without our express prior written consent. We have the right to assign, transfer or sublicense any or all of our rights or obligations under these Terms without your consent. We can send you notices by posting to the Corporate Site or by e-mail, or by regular mail.
The headings, captions and section summaries contained herein are for convenience only, and in no way define any provision. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Instabot will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.