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Terms of Service

Ideal Customer Profile, LLC · Last modified: August 18, 2026

Acceptance of the Terms of Service

These Terms of Service are entered into by and between You, the user and purchaser, (“You”, “User”, or “Purchaser”) and Ideal Customer Profile LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference, collectively, "Terms of Service" or “Terms”), govern your access to and use of https://www.tkkader.com, https://www.getunstoppable.com, https://www.tkkader.com/legion, https://www.useinstant.com, https://app.useinstant.com, including any content, functionality, and any other Products and Services offered on or through https://www.tkkader.com or https://www.getunstoppable.com, or https://www.useinstant.com (the "Website"), whether as a guest or a registered user.

For the purposes of this Terms of Service, the terms “Product”, “Products” or “Service”, “Services” refers to SaaS Go-To-Market Blueprint, SaaS Demo Blueprint, SaaS Pricing Blueprint, SaaS Referral Marketing Blueprint, High Performance Founder Blueprint, Unstoppable Life Accelerator, SaaS Launch Program, SaaS GTM Program, SaaS Scale Program, SaaS Platinum Program, SaaS GTM Grader, the SaaS Strategy Offsite Program, Instant Landing Page, and any other product or service offering by Company purchased through the Website.

THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US.

Please read the Terms of Service carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service, and our Privacy Policy, found at https://www.useinstant.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Service, or the Privacy Policy, you must not access or use the Website, sign any Order Form, or pay any amounts to us.

This Website is offered and available to users who are 18 of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any Product, Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, specific Products or Service, or the entire Website, to users, including registered users.

You are responsible for both:

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy at https://www.useinstant.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of Products, Services, goods, or information formed through the Website, or resulting from visits made by you, are governed by this Terms of Service and any other agreement you have signed while purchasing the Product or Service, which are hereby incorporated into these Terms of Service.

Additional terms and conditions may also apply to specific portions, Services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.

Instant Landing Page Terms

For users of the Instant Landing Page product, your use of the Product is subject to the Terms and Conditions at Addendum A: Cloud Services Agreement (“ILP Terms”) in addition to these Terms of Service, including all other agreements incorporated by reference herein. In case of any conflicting language between these Terms and the ILP Terms, the ILP Terms will prevail.

Order Placement and Acceptance

If you order Products or Services or any other product or program made available through our Website - payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at team@useinstant.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.

All Products or Services are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative Product or Service. If the availability of any Product or Service is delayed and you do not wish to substitute the Product or Service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our Products and Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.

Your purchase order of Products or Services is conditioned on you re-affirming your acceptance of this Terms of Service. All advertised prices are in, and all payments shall be in, U.S. Dollars.

Product Payment

You shall pay Company the fees as described on your Order Form or checkout page on our Website of Products and Services ("Fees") at the time of your order without offset or deduction, unless otherwise agreed upon in writing with Company. You are responsible for paying all sums due to the Company in connection with the Product or Services purchased in accordance with these Terms of Service. The fee payable in accordance with these Terms of Service is due when the user account is set up and payment of the Product or Services fee is a condition of access. Failure by the user to use any of the Products available through the company provided by the Company does not relieve the user of their payment obligations under these Terms.

You can pay by credit card, debit card, or other method agreed upon in writing with Company. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the Products or Services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific Product or Service purchased (unless the subscription is canceled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific Service (e.g., on a monthly basis and for a specific amount).

The Company reserves the right to immediately terminate a user’s account and/or Service for any unpaid amounts due. Termination of Service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Company starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses. In addition to any Fees, Company may also charge applicable value added or other tax.

Products, Services, and Prices Published on the Website

Products, Services, and prices are available upon request.

At times, the Company may also offer Products and Services which will be described when offered but nonetheless governed by this Terms of Service. The Company reserves the right, without notice, to discontinue Products or Services or modify specifications and prices on Products and Services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your purchase of Products or Services will take effect following email notice to you.

Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize the Company to charge your account in the amount indicated for the value of the Services you select, including any future price changes. If you request a downgrade in Services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of the Company’s Products and Services, and unless you terminate your subscription as provided herein, you agree that the Company may charge your credit card for the Products and Services you have selected, and you consent to any price changes for such Services after e-mail notice has been provided to you.

The Company takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of any Product or Service is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

When ordering Products or Services, please note that the Company does not warrant that Product or Service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual Product that you receive. All sales are deemed final. The Company descriptions of, or references to, Products or Services not owned by the Company are not intended to imply endorsement of that Product or Service, or constitute a warranty by the Company.

Strategic Advisor Relationship

For certain Products and Services purchased by you from the Company, Company will act as a Strategic Advisor to You. For avoidance of doubt, Company’s duties as a Strategic Advisor are on a non-exclusive basis, and are limited to:

Company limitations in its role as Strategic Advisor is strictly limited to what is agreed upon in the associated Services purchased by You from Company.

Here’s what we are providing:

  1. Frameworks providing best practices in building and scaling SaaS businesses
  2. Community with fellow SaaS Leaders
  3. Quarterly Strategy Calls for Coaching

Confidential Information.

All non-public, confidential or proprietary information of Company, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively, "Confidential Information"), disclosed by Company to you, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential," in connection with the provision of the Services and this Terms of Service is confidential, and shall not be disclosed or copied by you without the prior written consent of the Company. Confidential Information does not include information that is:

  1. in the public domain;
  2. known to Customer at the time of disclosure; or
  3. rightfully obtained by Customer on a non-confidential basis from a third party.

Intellectual Property Rights

The Website and its entire contents, Products and Services purchased, features, and functionality (including but not limited to all information, software, text, displays, images, video, Products and Services delivered to Users and Customers, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, Products, or Services, except as follows:

You must not:

You must not access or use for any commercial purposes any part of the Website or any Products, Services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: team@useinstant.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website, Products, or Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website, Products, or Services or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website, Products, or Services not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

For any purchased Products or Services or any other Products or Services offered by the Company, the Company provides to you a revocable, limited, non-exclusive, non-sublicensable, non-transferable license to use the Deliverables. You acknowledge and agree that:

  1. the Product or Service is copyrighted material under United States and international copyright laws that is exclusively owned by Company;
  2. you do not acquire any ownership rights in the Product or Service;
  3. you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the Product or Service;
  4. except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Product or Service without the express written permission of Company; and
  5. in the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.

If you or any of your employees, contractors, or agents sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Products and Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your employees, contractors, and agents to assign, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.

Customer Data.

"Customer Data" means, other than Aggregated Statistics, information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of You through the Products and Services. You hereby grant to Company a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for Company to provide the Products and Services to you, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Customer Data incorporated within the Aggregated Statistics. You will ensure that Customer Data and any use of Customer Data will not violate any policy or terms referenced in or incorporated into this Agreement or any applicable law. You are solely responsible for the development, content, operation, maintenance, and use of Customer Data

Aggregated Statistics.

Notwithstanding anything to the contrary in this Agreement, Company may monitor your use of the Products or Services and collect and compile data and information related to Your use of the Products or Services to be used by Company in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Cloud Services ("Aggregated Statistics"). As between Company and You, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Company. You acknowledge that Company may compile Aggregated Statistics based on Your Data input into the Products and Services. You agree that Company may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify Your Confidential Information.

Trademarks

The Company name, the terms “TK Kader”, “Get Unstoppable”, “Ship Code. Close Deals.”, “Have an Unstoppable Plan”, “Unstoppable Plan”, “Unstoppable Life”, “Unstoppable Startup”, “Unstoppable SaaS School”, “Unstoppable Life School”, “Unstoppable Life Accelerator”, “B2B SaaS Summit”, “Unstoppable Startup Accelerator”, “45 Day Unstoppable Challenge”, SaaS Go-To-Market Blueprint, SaaS Demo Blueprint, SaaS Pricing Blueprint, SaaS Referral Marketing Blueprint, High Performance Founder Blueprint, Unstoppable Life Accelerator, SaaS Launch Program, SaaS GTM Program, SaaS Scale Program, SaaS Platinum Program, SaaS GTM Grader,the SaaS Strategy Offsite Program, Instant Landing Page, the Company logo, and all related names, logos, Product and Service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, Product and Service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website and all associated Products and Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:

Additionally, you agree not to:

User Contributions

The Website may contain message boards, personal web pages or profiles, forums, bulletin boards, comments, webinars (live or recorded), and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, ask on a webinar, or transmit to the community and other users or other persons (hereinafter, "post") content, photos, video, chat, discussions, or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Service.

Any User Contribution you post to the site, including but not limited to content, photos, video, chat, discussions, materials, and other User generated content will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose including but not limited to marketing and promotional campaigns, Product features, and sales collateral.

You represent and warrant that:

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Unauthorized Multiple Logins

Our videos, slide decks, courses, and all related content (hereby referred to as “Content”) are Copyrights of Ideal Customer Profile, LLC. with all rights reserved. Only paid users of our Products and Services are authorized to access our Content. Multiple logins from one credential are strictly prohibited and considered Unauthorized Use per our Terms of Service. We track multiple logins through our learning management system. Discovery of any unauthorized access to our Content from your login credentials will constitute a violation of our Terms of Service, and we reserve the right to disable your access without giving any refunds.

Monitoring and Enforcement; Termination

We have the right to:

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Termination Terms

In addition to any remedies that may be provided under this Terms of Service, Company may terminate this Terms of Service and your access to the Website and any Products or Services with immediate effect upon written notice to user, if user:

  1. fails to pay any amount when due under this Terms of Service and such failure continues for ten days after User’s receipt of written notice of nonpayment;
  2. has not otherwise performed or complied with any of the terms of this Terms of Service, in whole or in part; or
  3. becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

Reliance on Information Posted

The information presented on or through the Website and any Products or Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website, Products, or Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy (https://www.useinstant.com/privacy). By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

Ideal Customer Profile, LLC. is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Earnings and Results Disclaimer

While we make every effort to ensure that we accurately represent all the Products and Services on this website and their potential for income, it should be noted that using TKKader.com, GetUnstoppable.com, and Ideal Customer Profile LLC and any affiliated information, Products or Services or any other Products or Services offered through us does not guarantee any level of success or income and you accept the risk that results of using our Products or Services differ by individual.

As with any business, your results may vary, and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. The testimonials and examples used are exceptional results, which do not apply to the average purchaser, and are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on his or her background, dedication, desire and motivation.

There is no assurance that examples of past successes can be duplicated in the future. We cannot guarantee your future results and/or success. There are some unknown risks in business that cannot be predicted which could reduce results you experience. We are not responsible for your actions.

The use of our information, Products and Services should be based on your own due diligence and you agree that TKKader.com, GetUnstoppable.com, and Ideal Customer Profile LLC are not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, Products and Services reviewed or advertised on this website.

Testimonial Disclaimer

Testimonials of Customers of TKKader.com, GetUnstoppable.com, Ideal Customer Profile LLC., and any affiliated information, Products, and/or Services are for informational purposes only. These examples are not typical.

Because of the variables associated with defining success in information Products, it is impossible to accurately state what an individual may or may not achieve.

Success is determined on an individual basis and is dependent on a variety of factors including willingness to take action and implement ideas based on what is taught, prevailing market conditions, target market selection, and the amount of hard work and effort an individual expends.

Similar to other types of marketing, our typical student should not expect to make any amount of money from the information, Products and/or Services the Company provides but should expect to receive a great education.

Consequently, the Company does not guarantee success, income, or savings whether explicit or implied, and past customer testimonials are only examples of what can be obtained. There are risks associated with this education, and past results do not represent an indication of future success or earnings.

The customers depicted in this testimonial have declared the information shared is true and accurate. The written, audio and visual presentations offered may have been edited from their original versions. Some personal and private information has been removed in order to protect client privacy.

SaaS GTM Grader Disclaimer

Our SaaS GTM Grader tool for information purposes only. We explicitly disclaim any and all guarantees, and do not promise any specific results from utilizing the SaaS GTM Grader tool or the information, resources, or products presented by the SaaS GTM Grader tool. Any information you enter into the SaaS GTM Grader is utilized and protected according to our Privacy Policy.

Your Responsibilities

You represent and warrant that you operate a business in good standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use the Company Products and Services for lawful purposes and that you shall not use such Products or Services, whether alone or in connection with other software, hardware, or Services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with any and all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. You agree to notify the Company if any investigation or lawsuit is threatened or filed against you, whereupon the Company shall have the right to terminate this Terms of Service without liability. The Company shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and any other taxes, which may apply to sales of Products or Services by your business including, but not limited to, taxes which may apply to voluntary donations provided by your customers. The Company shall not be responsible to collect or report any taxes which may apply to your business or sales of Products or Services by your business. You agree to indemnify The Website as set out in this Terms of Service in the event that you and/or your business violates any law and a claim is threatened or asserted against the Company as a result.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website, Products or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, PRODUCTS, OR SERVICES ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, PRODUCTS, OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, PRODUCTS, SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and Products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration and Class Action Waiver

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law. Should the Company decide to submit disputes to Arbitration, you understand that you do not have a right to litigate any dispute in court.

Further, You and the Company agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and the Company expressly waive any right to pursue any class or other representative action against each other.

Force Majeure

The Company shall not be liable or responsible to User, nor be deemed to have defaulted or breached this Terms of Service, for any failure or delay in fulfilling or performing any term of this Terms of Service when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Service Provider including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of thirty days, User shall be entitled to give notice in writing to Company to terminate this Terms of Service.

Electronic Signature

All information communicated on the Website is considered an electronic communication. When you communicate with the Company through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE Terms of Service OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

Assignment

You shall not assign any of its rights or delegate any of your obligations under this Terms of Service without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under this Terms of Service.

No Third-Party Beneficiaries.

This Terms of Service is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.

Entire Agreement

This Terms of Service,Privacy Policy with CCPA and GDPR Privacy Notice, the Copyright Policy, any product specific Terms of Service as stated herein, any executed Order Forms, and Order Confirmation constitute the sole and entire agreement between you and Ideal Customer Profile LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website unless otherwise stated herein.

Your Comments and Concerns

This website is operated by Ideal Customer Profile, LLC, 2626 Cole Ave, Suite 300, Dallas, TX 75204.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy (https://www.tkkader.com/copyright) in the manner and by the means set out therein.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: team@useinstant.com.

Last modified: August 18, 2026

This Cloud Services Agreement (this "Agreement") is a binding contract between you ("Customer," "you," or "your") and Ideal Customer Profile, LLC. ("Provider," "we," or "us"). This Agreement governs your access to and use of the Cloud Services.

THIS AGREEMENT TAKES EFFECT WHEN YOU ACCESS OR USE THE CLOUD SERVICES (the "Effective Date"). BY ACCESSING OR USING THE CLOUD SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR AN ORGANIZATION, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ORGANIZATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ACCESS OR USE THE CLOUD SERVICES. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THE CLOUD SERVICES.

THIS AGREEMENT CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH US.

1. Definitions

  1. "Authorized User" means Customer and Customer's employees, consultants, contractors, and agents (i) who are authorized by Customer to access and use the Cloud Services under the rights granted to Customer pursuant to this Agreement and (ii) for whom access to the Cloud Services has been purchased hereunder.
  2. "Cloud Services" means the Instant Landing Page service, and any other services provided by Provider under this Agreement that are detailed on Provider's website available at https://app.useinstant.com and reflected in the Customer's order.
  3. "Customer Data" means, other than Aggregated Statistics, information, data, Content, and any other information in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or any other Authorized User through the Cloud Services.
  4. "Documentation" means Provider's user manuals, handbooks, and guides relating to the Cloud Services provided by Provider to Customer either electronically or in hard copy form.
  5. “Landing Page” means the page Customer uses the Cloud Services to create, detailed on Provider’s website available at https://app.useinstant.com.
  6. "Provider IP" means the Cloud Services, the Documentation, and all intellectual property provided to Customer or any other Authorized User in connection with the foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and any information, data, or other content derived from Provider's monitoring of Customer's access to or use of the Cloud Services, but does not include Customer Data.
  7. "Third-Party Products" means any products, content, services, information, websites, or other materials that are owned by third parties and are incorporated into or accessible through the Cloud Services.

2. Access and Use

  1. Provision of Access. Subject to and conditioned on your payment of Fees and compliance with all other terms and conditions of this Agreement, Provider hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Cloud Services during the Term solely for your internal business operations by Authorized Users in accordance with the terms and conditions herein. Provider shall provide you the necessary passwords and access credentials to allow you to access the Cloud Services.
  2. Documentation License. Subject to the terms and conditions contained in this Agreement, Provider hereby grants you a non-exclusive, non-sublicensable, non-transferable license for Authorized Users to use the Documentation during the Term solely for your internal business purposes in connection with use of the Cloud Services.
  3. Use Restrictions. You shall not, and shall not permit any Authorized Users to, use the Cloud Services, any software component of the Cloud Services, or Documentation for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the Cloud Services, any software component of the Cloud Services, or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Cloud Services or Documentation except as expressly permitted under this Agreement; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Cloud Services, in whole or in part; (iv) remove any proprietary notices from the Cloud Services or Documentation; (v) use the Cloud Services or Documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation; (vi) upload or transmit pornographic, embarrassing, or otherwise inappropriate content; (vii) except where expressly permitted, use the Cloud Services to engage in spamming, “chain letters“, “pyramid schemes“, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate this Agreement, the Privacy Policy, the Terms of Service or any applicable laws, regulations or generally-accepted advertising or marketing industry guidelines; (viii) use the Cloud Services in any manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes; (ix) use the Cloud Services in any manner that is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another’s privacy; (x) use the Cloud Services in any manner that is harmful to minors in any way; (xi) use the Cloud Services in any manner that is hateful, insulting, or discriminatory based on race, color, gender, gender identity, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by Provider; (xii) use the Cloud Services in any manner that in our sole discretion could damage, disable, overburden, or impair it; or (xiii) use the Cloud Services in any manner that constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests.
  4. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, Provider may monitor Customer's use of the Cloud Services and collect and compile data and information related to Customer's use of the Cloud Services to be used by Provider in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Cloud Services ("Aggregated Statistics"). As between Provider and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by Provider. You acknowledge that Provider may compile Aggregated Statistics based on Customer Data input into the Cloud Services. You agree that Provider may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify Customer or Customer's Confidential Information.
  5. Reservation of Rights. Provider reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party, any intellectual property rights or other right, title, or interest in or to the Provider IP.
  6. Suspension. Notwithstanding anything to the contrary in this Agreement, Provider may temporarily suspend Customer's and any other Authorized User's access to any portion or all of the Cloud Services if: (i) Provider reasonably determines that (A) there is a threat or attack on any of the Provider IP; (B) Customer's or any other Authorized User's use of the Provider IP disrupts or poses a security risk to the Provider IP or to any other customer or vendor of Provider; (C) Customer or any other Authorized User is using the Provider IP for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) Provider's provision of the Cloud Services to Customer or any other Authorized User is prohibited by applicable law; (ii) any vendor of Provider has suspended or terminated Provider's access to or use of any third-party services or products required to enable Customer to access the Cloud Services; or (iii) in accordance with 5 (any such suspension described in subclause (i), (ii), or (iii), a "Service Suspension"). Provider shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Cloud Services following any Service Suspension. Provider shall use commercially reasonable efforts to resume providing access to the Cloud Services as soon as reasonably possible after the event giving rise to the Cloud Services Suspension is cured. Provider will have no liability for any damage, liabilities, losses (including any loss of or profits), or any other consequences that Customer or any other Authorized User may incur as a result of a Service Suspension.

3. Customer Responsibilities

  1. Acceptable Use Policy. The Cloud Services may not be used for unlawful, fraudulent, offensive, or obscene activity, as further described and set forth in Provider's Terms of Service ("Terms of Service") located at https://www.useinstant.com/terms, as may be amended from time to time, which is incorporated herein by reference. You will comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted on https://www.useinstant.com/terms from time to time, including the Terms of Service.
  2. Account Use. You are responsible and liable for all uses of the Cloud Services and Documentation resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you. You shall use reasonable efforts to make all Authorized Users aware of this Agreement's provisions as applicable to such Authorized User's use of the Cloud Services and shall cause Authorized Users to comply with such provisions.
  3. Customer Data. You hereby grant to Provider a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for Provider to provide the Cloud Services to you. You will ensure that Customer Data and any Authorized User's use of Customer Data will not violate any policy or terms referenced in or incorporated into this Agreement or any applicable law. You are solely responsible for the development, content, operation, maintenance, and use of Customer Data.
  4. Content Submission
    1. The Cloud Services enables you to provide, upload or import content, including but not limited to text, images, video, data, web pages and other information or content (“Content”), to Provider for the purpose of providing the Cloud Services. You acknowledge and agree that you are solely responsible for all Content you submit, provide, upload or import and the consequences for submitting, providing, uploading or importing it.
    2. You also grant us a transferable, sub-licensable, perpetual, worldwide, non-exclusive, royalty-free license to use any Content that you have published, made public, post in any form and/or share with others for our marketing purposes, including publishing, making public in any form in connection with Provider.
    3. You represent and warrant that you own your Content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to Provider or Provider’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity, and that you shall comply with the applicable data protection laws.
    4. Copyright Infringement Notices. Since we respect artist and content owner rights, it is our policy to respond to alleged infringement notices in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”).
    5. Submitting an Intellectual Property Complaint. If you believe that your copyrighted work (the “Work”) has been copied or used in a way that (1) has not been authorized by you; (2) constitutes copyright infringement; and (3) is accessible via the Services and/or User Pages, please notify us at the address indicated below. For your intellectual property complaint to be valid under the DMCA, you must provide the following information in writing:
      1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
      2. Identification of the copyrighted work that you claim has been infringed;
      3. Identification of the material that is claimed to be infringing and where it is located on User Pages;
      4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
        A statement that you have a good faith belief that the use and display of the Work is not authorized by the copyright owner, its agent, or applicable law; and
      5. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
        The above information must be submitted according to our Copyright Policy available for review at https://www.tkkader.com/wp-content/uploads/copyright.html.
  5. Customer Data Collection
    1. In connection with Customer Data, you hereby represent, warrant, and agree that: (i) you have obtained or will obtain the Customer Data lawfully and/or have not engaged in material misrepresentation, deception or other fraudulent or improper means to cause the Customer Data to be collected through the Cloud Services; (ii) the Customer Data does not and will not violate any applicable laws or any person or entity’s proprietary or intellectual property rights; (iii) all Customer Data has and will be collected by you in accordance with a privacy policy established by you that permits Provider to share, collect, use, and disclose such Customer Data as contemplated under this Agreement, and if required by applicable law, pursuant to consents obtained by you to do each of the foregoing; (iv) you are solely responsible for ensuring compliance with all applicable privacy laws in all jurisdictions that may apply to Customer Data; (v) Provider may exercise the rights in Customer Data granted hereunder without liability or cost to any third party; and (vi) your use of the Customer Data complies with the terms of this Agreement. For purposes of clarity, Provider takes no responsibility and assumes no liability for the collection and use of any Customer Data, and you will be solely responsible for the collection and use of any Customer Data and the consequences of collecting or sharing it hereunder.
    2. You may not submit, or cause to be submitted, any Customer Data that includes a social security number, passport number, driver’s license number, or similar identifier, credit card or debit card number, employment, financial or health information, sensitive personal data and information, or any other information which may be subject to specific data privacy and security laws including, but not limited to, the Gramm-Leach-Bliley Act (GLBA), Children’s Online Privacy Protection Act (COPPA), the Health Insurance Portability and Accountability Act (HIPAA), the General Data Protection Regulation (GDPR) or which could give rise to notification obligations under data breach notification laws, without Provider’s prior written approval.
  6. Passwords and Access Credentials. You are responsible for keeping your passwords and access credentials associated with the Cloud Services confidential. You will not sell or transfer them to any other person or entity. You will promptly notify us about any unauthorized access to your passwords or access credentials.
  7. Third-Party Products. The Cloud Services may permit access to Third-Party Products. For purposes of this Agreement, such Third-Party Products are subject to their own terms and conditions presented to you for acceptance within the Cloud Services by website link or otherwise. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install, access, or use such Third-Party Products.
  8. Usage Limits
    1. Unless otherwise agreed to in writing or in any other communication, you are subject to the following usage limits of Services with your Account:
      1. Number of published Pages: 50 (fifty);
  9. An impression is counted each time a Widget shows on the page(s) it is embedded on. Usage in excess of these limits will be subject to Subscription upgrade to a plan which meets your Services usage needs. Provider retains the right to modify the foregoing usage limits and/or to create new limits at Provider’s sole discretion. Provider’s failure to enforce at any time any of the foregoing usage limits shall not constitute a waiver of any such limit or of any other provision in this Agreement.
  10. Landing Pages
    1. In creating, operating and maintaining Landing Pages as part of the Cloud Services, you represent and warrant that your Landing Pages are not directed, in whole or in part, to persons under the age of eighteen (18) years of age and that the creation, operation and maintenance of your Landing Page and the underlying products, services, and/or Landing Page content will be in compliance with all applicable laws, rules and regulations. If your use of the Cloud Services to provide certain products, services, and/or content that involves the collection of information from your end users and Landing Page visitors, you represent and warrant that you have established and will publish a privacy policy on your Landing Page(s) that discloses adequate notice, disclosure, and choices to the end user and Landing Page visitors regarding your use, collection, disclosure and the security of their personal information (including through the use of cookies, web pixels or other similar technology), and any and all third-parties’ collection and use of the information of any and all Landing Page visitors, users, and others who access your Landing Page.
  11. Responsibilities for Communications.
    1. To the extent applicable to your use of the Cloud Services, you shall at all times comply with the CAN SPAM Act of 2003, the Telephone Consumer Protection Act (47 U.S.C. §227), the Do-Not-Call Implementation Act and the Do-Not-Call list registry rules (www.donotcall.gov), the Telemarketing Sales Rule, 47 C.F.R. § 64.1200 et seq, and all other state or local laws, rules, regulations, and guidelines relating to calling or texting, including without limitation, rules, regulations and guidelines set forth by the Federal Trade Commission and the Federal Communications Commission (collectively, the “Calling Laws”). You agree that, as between the parties, you are the initiator of any call, SMS/MMS message, or other communication transmitted through the Cloud Services and for all content relating to, inducing, or encouraging calls, SM/MMS messages or other communications to take place. Provider is not responsible for reviewing the contents of any communication transmitted through the Cloud Services or transmitted by you related to your use of the Cloud Services, nor is it responsible for obtaining any necessary consents or permissions from the message recipients.

4. Service Levels and Support

  1. Service Levels. Subject to the terms and conditions of this Agreement, Provider shall use commercially reasonable efforts to make the Cloud Services available.
  2. Support. Customer may email team@useinstant.com and expect a response within 72 hours of submission.

5. Fees and Payment

Customer shall pay Provider the fees as described on https://app.useinstant.com and their order ("Fees") when signing up for the Cloud Services, and according to any subscription therein without offset or deduction. Customer shall make all payments hereunder in US dollars on or before the due date. If Customer fails to make any payment when due, without limiting Provider's other rights and remedies: (i) Provider may charge interest on the past due amount at the rate of 1.5% per month calculated daily and compounded monthly or, if lower, the highest rate permitted under applicable law; (ii) Customer shall reimburse Provider for all reasonable costs incurred by Provider in collecting any late payments or interest, including attorneys' fees, court costs, and collection agency fees; and (iii) if such failure continues for 14 days or more, Provider may suspend, in accordance with Section 2(g), Customer's and all other Authorized Users' access to any portion or all of the Cloud Services until such amounts are paid in full. All Fees and other amounts payable by Customer under this Agreement are exclusive of taxes and similar assessments. Customer is responsible for all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental or regulatory authority on any amounts payable by Customer hereunder, other than any taxes imposed on Provider's income.

6. Confidential Information

From time to time during the Term, Provider and Customer may disclose or make available to the other party information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information in written or electronic form or media, whether or not marked, designated, or otherwise identified as "confidential" at the time of disclosure (collectively, "Confidential Information"). Confidential Information does not include information that, at the time of disclosure is: (a) in the public domain; (b) known to the receiving party; (c) rightfully obtained by the receiving party on a non-confidential basis from a third party; or (d) independently developed by the receiving party. The receiving party shall not disclose the disclosing party's Confidential Information to any person or entity, except to the receiving party's employee, agents, or subcontractors who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder [nd who are required to protect the Confidential Information in a manner no less stringent than required under this Agreement. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii) to establish a party's rights under this Agreement, including to make required court filings. Each party's obligations of non-disclosure with regard to Confidential Information are effective as of the date such Confidential Information is first disclosed to the receiving party and will expire five years thereafter; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.

7. Data Processing and Privacy Policy

  1. Privacy Policy.
    1. Provider complies with its privacy policy, available at https://www.useinstant.com/privacy ("Privacy Policy"), in providing the Cloud Services. The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the Cloud Services, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.
  2. Data Processing
    1. By accepting this Agreement, including our Privacy Policy and Data Processing Agreement (“DPA”) which are hereby incorporated by reference, you engage Provider in the processing of Personal Data (as defined in the DPA) necessary to provide you with the Cloud Services on terms and conditions stipulated in DPA, which constitutes an integral part of these Terms of Service.
    2. To the extent that we process any Personal Data (as defined in the DPA) that is subject to the General Data Protection Regulation (the “GDPR”), on your behalf, you represent and warrant that in using the Cloud Services, in particular in creating lists of Contacts, sending emails and collecting personal data, you comply with all personal data protection, privacy, and electronic communication regulations applicable in the European Economic Area (EEA) and its member states. In particular you are required to:
    3. Clearly inform data subjects about means and purposes of the processing of personal data, including for processing through the Cloud Services;
    4. Obtain and maintain express and valid consent of the data subject to transfer their data to Provider and to be processed on your behalf.
    5. You agree to indemnify and hold Provider harmless from any losses resulting from breach of the above warranties and obligations.

8. Intellectual Property Ownership; Feedback

As between you and us, (a) we own all right, title, and interest, including all intellectual property rights, in and to the Cloud Services and (b) you own all right, title, and interest, including all intellectual property rights, in and to Customer Data. If you or any of your employees, contractors, or agents sends or transmits any communications or materials to us by mail, email, telephone, or otherwise, suggesting or recommending changes to the Cloud Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your employees, contractors, and agents to assign, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.

9. Limited Warranty and Warranty Disclaimer

  1. Provider warrants that it provides Cloud Services using a commercially reasonable level of care and skill. THE FOREGOING WARRANTY DOES NOT APPLY, AND PROVIDER STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS.
  2. Customer Warranty. You warrant that you own all right, title, and interest, including all intellectual property rights, in and to Customer Data and that both the Customer Data and your use of the Cloud Services are in compliance with the Terms of Service.
  3. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 9(a),]THE CLOUD SERVICES ARE PROVIDED "AS IS" AND PROVIDER SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. PROVIDER SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PROVIDER MAKES NO WARRANTY OF ANY KIND THAT THE CLOUD SERVICES, OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S OR ENTITY'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF YOUR OR ANY THIRD PARTY'S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

10. Indemnification

  1. Customer Indemnification. Customer shall indemnify, hold harmless, and, at Provider's option, defend Provider and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all Losses arising from or relating to any Third-Party Claim (i) that the Customer Data, or any use of the Customer Data in accordance with this Agreement, infringes or misappropriates such third party's intellectual property rights; or (ii) based on Customer's or any Authorized User's negligence or willful misconduct or use of the Cloud Services in a manner not authorized by this Agreement; provided that Customer may not settle any Third-Party Claim against Provider unless Provider consents to such settlement, and further provided that Provider will have the right, at its option, to defend itself against any such Third-Party Claim or to participate in the defense thereof by counsel of its own choice.

11. Limitations of Liability

IN NO EVENT WILL PROVIDER BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER PROVIDER WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL PROVIDER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO PROVIDER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. The exclusions and limitations in this Section 11 do not apply to the parties' obligations under 10.

12. Term and Termination

  1. Term. The term of this Agreement begins on the Effective Date and continues until terminated on a month to month basis. Cloud Services that are specified to automatically renew will renew for up to 1 additional successive 1 month term unless earlier terminated pursuant to this Agreement's express provisions or either party gives the other party written notice of non-renewal at least 30 days prior to the expiration of the then-current services period.
  2. Termination. In addition to any other express termination right set forth in this Agreement:
    1. Provider may terminate this Agreement for any reason upon thirty reasonable notice. You may terminate this Agreement for any reason upon thirty (30) days' advance notice from your user dashboard.
    2. Either party may terminate this Agreement, effective on written notice to the other party, if the other party materially breaches this Agreement, and such breach: (A) is incapable of cure; or (B) being capable of cure, remains uncured 30 days after the non-breaching party provides the breaching party with written notice of such breach.
    3. Either party may terminate this Agreement, effective immediately upon written notice to the other party, if the other party: (A) becomes insolvent or is generally unable to pay, or fails to pay, its debts as they become due; (B) files, or has filed against it, a petition for voluntary or involuntary bankruptcy or otherwise becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law; (C) makes or seeks to make a general assignment for the benefit of its creditors; or (D) applies for or has appointed a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.
  3. Effect of Termination. Upon termination of this Agreement, Customer shall immediately discontinue use of the Provider IP. No expiration or termination of this Agreement will affect Customer's obligation to pay all Fees that may have become due before such expiration or termination, or entitle Customer to any refund.
  4. Survival. This Section 12(d), Sections 5, 6, 10, 11, 14, 15, 16, and 17, and any right, obligation, or required performance of the parties in this Agreement which, by its express terms or nature and context is intended to survive termination or expiration of this Agreement, will survive any such termination or expiration.

13. Modifications

You acknowledge and agree that we have the right, in our sole discretion, to modify this Agreement from time to time at our sole discretion, and that modified terms become effective on posting. You will be notified of modifications through notifications on our website or direct email communication from us. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Cloud Services after the effective date of the modifications will be deemed acceptance of the modified terms.

14. Export Regulation

The Cloud Services utilize software and technology that may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Cloud Services or the software or technology included in the Cloud Services to, or make the Cloud Services or the software or technology included in the Cloud Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, regulation, or rule. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Cloud Services or the software or technology included in the Cloud Services available outside the US.

15. Governing Law and Jurisdiction

This agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Delaware.

16. Arbitration

ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE SUBJECT TO FINAL AND BINDING ARBITRATION GOVERNED BY THE FEDERAL ARBITRATION ACT (9 U.S.C. §§ 1 ET SEQ.). THE ARBITRATION SHALL BE CONDUCTED BEFORE A SINGLE ARBITRATOR IN ACCORDANCE WITH THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES OF THE AMERICAN ARBITRATION ASSOCIATION (THE “AAA”) THEN IN EFFECT, AS MODIFIED BY THIS AGREEMENT, AND WILL BE ADMINISTERED BY THE AAA. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE EITHER PARTY FROM SEEKING TEMPORARY OR PRELIMINARY INJUNCTIVE RELIEF IN CONNECTION WITH AN ARBITRABLE CONTROVERSY, BUT ONLY UPON THE GROUND THAT THE AWARD TO WHICH THAT PARTY MAY BE ENTITLED MAY BE RENDERED INEFFECTUAL WITHOUT SUCH PROVISIONAL RELIEF. IF YOU DO NOT WANT TO BE SUBJECT TO ARBITRATION, PLEASE EMAIL US WITHIN 30 DAYS OF ENTERING INTO THIS AGREEMENT AT team@useinstant.com.

17. Class Action Waiver

Except as otherwise provided in this provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Us specifically agree to do so following initiation of the arbitration. You understand and agree that by accepting this provision in this Agreement, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. If any clause within this provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire provision will be unenforceable and the dispute will be decided by a court. This provision will survive the termination of your account with us or our affiliates and your discontinued use of this Website. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this provision if a dispute between us arises.

18. Miscellaneous

This Agreement, along with the TK Kader Terms of Service (https://www.useinstant.com/terms) and Privacy Policy (https://www.useinstant.com/privacy), constitute the entire agreement and understanding between the parties hereto with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Any notices to us must be sent to our corporate headquarters address available at https://www.useinstant.com/terms and must be delivered either in person, by certified or registered mail, return receipt requested and postage prepaid, or by recognized overnight courier service, and are deemed given upon receipt by us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to the Cloud Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without our prior written consent and any action or conduct in violation of the foregoing will be void and without effect. We expressly reserve the right to assign this Agreement and to delegate any of its obligations hereunder.