Terms of Service

Terms and Conditions Last Updated: 5th of October 2024

1. Introduction

Welcome to instaroast.lol ("we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website and services (collectively, the "Services"), which provide a playful analysis of personality based on public Instagram handles. The Services are operated by JW Software Technologies.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy ("Privacy Policy"). If you do not agree to these Terms, please do not use our Services.

2. Acceptance of Terms

By using our Services, you confirm that you have read, understood, and agree to these Terms and the Privacy Policy. These Terms apply to all visitors, users, and others who access or use the Services.

3. Eligibility

You must be at least 18 years old or have reached the age of majority in your jurisdiction to use our Services. By using the Services, you represent and warrant that you have the legal capacity to enter into these Terms.

4. Definitions

For the purposes of these Terms:

5. User Responsibilities

5.1 Legal Rights to Input Instagram Handles

You are solely responsible for ensuring that you have the legal right and permission from the owner of any Instagram handle you input into our Services. By submitting a Instagram handle, you represent and warrant that:

We reserve the right to request evidence of such consent and to refuse or terminate access to the Services if we suspect misuse.

5.2 Compliance with Laws and Regulations

You agree to use the Services in compliance with all applicable local, national, and international laws, regulations, and policies, including but not limited to data protection and privacy laws such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

6. Data Collection and Use

6.1 Data Processing

We collect and process publicly available data from Instagram based on the Instagram handle you provide. This data may include posts, profile information, and other publicly accessible content.

6.2 Data Storage

All data collected is stored securely. We implement appropriate technical and organizational measures to protect personal data against unauthorized access, alteration, disclosure, or destruction.

6.3 Data Retention

We retain the collected data only for as long as necessary to fulfill the purposes outlined in these Terms and our Privacy Policy, unless a longer retention period is required or permitted by law.

6.4 User Rights Under GDPR and CCPA

If you are a resident of the European Economic Area (EEA) or California, you have the following rights regarding your personal data:

To exercise any of these rights, please contact us at Contact Information.

6.5 Consent

By using our Services and providing a Instagram handle, you consent to the collection, processing, and storage of data as described in these Terms and our Privacy Policy.

7. Intellectual Property Rights

All content, features, and functionality on our Services—including but not limited to text, graphics, logos, and software—are the exclusive property of JW Software Technologies or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any of our content without our prior written consent.

8. User-Generated Content

8.1 Responsibility for Content

If the Services allow you to submit or post content, you are solely responsible for the content you provide. You represent and warrant that:

8.2 License to Use Content

By submitting content, you grant JW Software Technologies a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Services.

9. Third-Party Services

Our Services may contain links to third-party websites or services that are not owned or controlled by JW Software Technologies. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that JW Software Technologies shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of such third-party content, goods, or services.

10. Disclaimers and Limitations of Liability

10.1 Disclaimers

No Professional Advice: The personality analysis provided is for entertainment purposes only and does not constitute professional advice.

Accuracy of Information: While we strive to provide accurate and up-to-date information, we make no warranties or representations regarding the completeness, accuracy, or reliability of the analysis.

Compliance with Instagram's Terms: We are not affiliated with Instagram, Inc. Our Services are designed to comply with Instagram's terms of service, but we make no warranties regarding such compliance.

10.2 Limitations of Liability

To the fullest extent permitted by law, JW Software Technologies, its affiliates, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.

In no event shall JW Software Technologies' total liability to you for all damages exceed the amount of fifty dollars ($50.00).

11. Indemnification

You agree to defend, indemnify, and hold harmless JW Software Technologies, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to your violation of these Terms or your use of the Services.

12. Termination

We reserve the right to suspend or terminate your access to the Services at any time, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of any changes by updating the "Last Updated" date at the top of these Terms. It is your responsibility to review these Terms periodically. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

14. Contact Information

If you have any questions about these Terms or wish to exercise any of your rights, please contact us at:

Email: instaroastlol@gmail.com

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Delaware, and you hereby irrevocably consent to the personal jurisdiction and venue therein.

16. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted in Delaware, in accordance with the rules of the American Arbitration Association.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law.

18. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and JW Software Technologies regarding the use of our Services and supersede any prior agreements between us on the subject matter.

19. Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, or government actions.

20. Children's Privacy

Our Services are not intended for use by children under the age of 13. We do not knowingly collect personal information from children under 13. If you are under 13, please do not use our Services or provide any personal information to us.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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