InstaTeam Terms and Conditions

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "User", "You" and "Your" refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", "Ourselves", "We" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the User and ourselves, or either the User or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "User", "You" and "Your" refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", "Ourselves", "We" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the User and ourselves, or either the User or ourselves. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Subject to these Terms, Xymob, Inc grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Application for personal use on a mobile device owned or controlled by User. This Agreement and User License also governs any updates to, or supplements or replacements for, this Application.

Only individuals thirteen (13) years of age or older may use the Application. Users between the ages of thirteen (13) and eighteen (18) must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms. Should User’s parent or legal guardian not acknowledge and agree to these Terms, User must immediately uninstall this Application and discontinue its use.

Use of the Application is limited to the contemplated functionality. The Application shall not be used in any way that,

1. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
2. is unlawful, fraudulent, or deceptive;
3. uses technology or other means to access unauthorized content or non-public spaces;
4. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
5. violates these Terms in any manner; or
6. fails to comply with applicable third-party terms and conditions or other third-party policies (collectively "Acceptable Use").

Xymob, Inc reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application.

The User may generate content, written or otherwise, while using the Application ("User-Generated Content"). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by Xymob, Inc (for example, in product marketing campaigns). User grants Xymob, Inc and its successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.

User agrees to indemnify and hold harmless Xymob, Inc, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Application, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Application, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. Xymob, Inc reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.

XYMOB, INC IS PROVIDING THE APPLICATION AND CONTENT TO THE USER "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED. THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, XYMOB, INC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL XYMOB, INC OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION, OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION. XYMOB, INC, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THIS APPLICATION OR CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.

In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall Xymob, Inc, its agents or anyone involved in creating or providing this Application or Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Application or $50, whichever is less.

We use IP addresses, user zip code and GPS to analyze the app usage, trends, and important features within the InstaTeam app. This analysis help us to update the app and introduce new features to improve usability and performance of the app. The user location is used within the InstaTeam app to search for nearby teams, maps and driving directions, venue locations, and carpool arrangements.

We are committed to protecting your privacy. If you have given permission to share your profile information such as your email and phone number, then the information will be shared with other team members in your team. If you have chosen to keep your information private, then only team admin for your team will have access to your email and phone number. Authorized employees within our company may also use any profile information on a need to know basis to provide support or answer any questions that you may have.

User personal information is regarded as confidential and therefore will not be divulged to any third party. We may share general location information, without disclosing any specific user information, with some of our partners to display relevant content. If required by law, we will share the user information with any government authorities or law enforcement agencie. Users have the right to request sight of, and copies of any and all User Records we keep and currently have on our system, provided that we are given reasonable notice of such a request.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products. Xymob, Inc may use your email information to send you updates and important communication regarding the app or the events notification within the app.

These Terms are governed by the laws of the State of Delaware, United States of America.

Xymob, Inc reserves the right to change or modify these Terms, conditions, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the InstaTeam website (http://www.instateam.net) or within this Application. Continued use of the Application following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of Xymob, Inc shall have any legal effect as a waiver by Xymob, Inc of any Terms of this Agreement.

If you have any questions regarding our privacy practices, you can email us at support@instateam.net.