Terms and Conditions
Last updated: 25 October 2026
1. Introduction
These Terms and Conditions ("Terms") govern your use of the Instama platform (the "Service") provided by Instama B.V., a private limited company registered at Bakenesserstraat 18-RD, 2011 JJ Haarlem, The Netherlands, Chamber of Commerce (KvK) number 99603292 ("Instama", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms.
The Service is for businesses and other organisations, not for consumers. If you accept these Terms on behalf of an organisation, you confirm that you are authorised to bind it, and "you" means that organisation. Where an agreement signed with Instama conflicts with these Terms, that agreement prevails.
2. Confidentiality and Data Protection
2.1 Data Ownership and Responsibility
All data, content, brand materials, assets, and other materials you upload to or generate through the Service ("Client Data") remain your sole property. You retain full ownership and responsibility for all Client Data at all times. Instama does not claim any rights, title, or interest in or to your Client Data.
2.2 Confidentiality
Instama treats all Client Data as strictly confidential. We do not access, use, share, or disclose Client Data to any third party without your explicit prior written consent, except to the subprocessors described in section 5, as far as needed to provide the Service, or when required by law.
2.3 Prohibited Uses of Client Data
Instama will not use Client Data (other than for the purpose of providing the Service) to:
- Train, fine-tune, or improve AI models
- Contribute to large language models (LLMs) or shared datasets
- Conduct internal research or product development
These activities will not occur without explicit permission from the client or outside the scope or purpose agreed upon with the client.
Third-party providers we engage, including AI service providers, receive only the Client Data a request needs and are bound by confidentiality and data protection obligations. Which AI providers we use, how each is reached, and the terms under which they process Client Data, including what they may keep and whether they may train on it, are described on our AI and your data page.
2.4 Data Storage and Access
Client Data is stored using industry-standard security measures, including:
- Encryption in transit (TLS) and at rest
- Storage in the European Union
- Isolation of each organisation's and brand's data, enforced in the database
- Role-based permissions, passwordless sign-in and two-factor authentication
- API keys and access tokens stored only as hashes, and revocable at any time
- Audit logging of every change made through the Service
Our security overview describes these measures in detail.
Access to Client Data is limited to authorized personnel solely for operational or support purposes and is subject to strict confidentiality obligations.
3. Service Availability and Support
3.1 Uptime Commitment
Instama aims to maintain a monthly uptime of 99.5%, excluding periods of scheduled maintenance or circumstances beyond our reasonable control.
3.2 Maintenance
Scheduled maintenance will typically occur during off-peak hours and will be communicated in advance where possible. Emergency maintenance may be performed without prior notice.
3.3 Support
Support is available via email at hello@instama.co. We aim to respond within one business day.
3.4 Disclaimer
While we strive for high availability, we do not guarantee uninterrupted access to the Service and are not liable for outages or disruptions caused by external factors.
4. Intellectual Property
4.1 Your Content
You retain all intellectual property rights in your Client Data. Instama does not claim any ownership over any content you create or upload.
4.2 Our Technology
All rights, title, and interest in and to the Instama platform, including software, design, algorithms, and related intellectual property, remain the exclusive property of Instama.
4.3 Third-Party Trademarks
Names, logos and other marks of third-party products and services that appear on our website, in the Service and in its documentation, such as Figma, Adobe Photoshop, Adobe InDesign, Facebook, Instagram, LinkedIn, Pinterest, Google, OpenAI, Anthropic and Claude, are trademarks or registered trademarks of their respective owners. We use them only to identify the products and services the Service works with. Their use does not imply that those owners endorse, sponsor or are affiliated with Instama.
5. Subprocessors and Third Parties
Instama may use subprocessors to provide certain aspects of the Service. All subprocessors are contractually bound to confidentiality and data protection obligations consistent with these Terms and applicable data protection laws. Our subprocessors, with their purpose, data and location, are listed on our subprocessors page. We inform you at least 30 days before a new subprocessor starts processing Client Data; you may object to it in that period, and if we cannot address a reasonable objection, you may end the Service with respect to the affected processing. Where a subprocessor processes Client Data outside the European Economic Area, the transfer relies on the EU-US Data Privacy Framework or the European Commission's Standard Contractual Clauses.
6. Termination and Data Deletion
6.1 Termination
You may terminate your account in accordance with your individual contract or service agreement.
6.2 Data Deletion
When your organisation's subscription or trial ends, access to the Service ends, and Instama permanently deletes the organisation's Client Data 60 days later; until then, an owner can restore access. On written request, Instama deletes Client Data sooner, within 30 days of the request. Deleted data leaves our backups within a further 30 days. Invoices and billing records are kept as long as Dutch tax law requires. You may request a data export prior to deletion.
6.3 Financial Obligations
Termination of the Service does not affect any outstanding financial obligations under your agreement. No refunds will be provided unless explicitly agreed otherwise.
7. Data Protection and GDPR Compliance
7.1 Role of the Parties
For the purposes of the General Data Protection Regulation (GDPR), you are the Data Controller and Instama is the Data Processor for the personal data contained in Client Data. Instama is the controller for account, billing and security data, as described in our Privacy Policy.
7.2 Data Processing Agreement
Instama processes that personal data under our Data Processing Agreement, which forms part of these Terms and applies automatically. It sets out Instama's obligations as processor under Article 28 GDPR, including notice of a personal data breach within 48 hours, and your obligations as controller. Where these Terms and the Data Processing Agreement conflict on the processing of personal data, the Data Processing Agreement prevails.
8. Liability
8.1 Limit
Instama's total liability arising out of or in connection with these Terms and the Service, whether in contract, tort or otherwise, is limited to the fees you paid for the Service in the twelve months before the event that caused the damage, less the costs Instama incurred in that period to provide the Service to you, in particular what it paid AI model and other providers for your use. Those costs are as recorded for each use in Instama's usage records, which Instama makes available to you on request. Where no fees were paid, such as during a trial, Instama is not liable, except as section 8.7 provides. A series of connected events counts as one event.
8.2 Fallback
If Instama cannot rely on the limit in section 8.1, its total liability is limited to the fees you paid for the Service in the twelve months before the event that caused the damage.
8.3 Direct Damage Only
Instama is liable only for direct damage, which means exclusively:
- the reasonable costs of establishing the cause and extent of the damage, as far as it concerns damage covered by these Terms;
- the reasonable costs of making Instama's failed performance conform to these Terms;
- the reasonable costs of preventing or limiting the damage, as far as you show that they did.
Instama is not liable for any other damage, including indirect or consequential damage, lost profits, lost revenue, lost savings, loss of goodwill or reputation, business interruption, and damage arising from claims of your customers or other third parties.
8.4 Client Data
The Service lets you export Client Data at any time, and you keep your own copy of Client Data you cannot do without. If Client Data is lost or corrupted, Instama's obligation is limited to restoring it from the most recent backup available.
8.5 AI-Generated Content
Content the Service generates or edits with AI can contain errors and can resemble existing material. You are responsible for reviewing it before you publish or otherwise use it, and Instama is not liable for damage resulting from content you publish or use.
8.6 Your Responsibility
You are responsible for the Client Data you upload and the content you publish through the Service. You indemnify Instama against claims of third parties, including claims concerning intellectual property, portrait or personality rights and data protection, arising from that data or content, unless the claim results from Instama's breach of these Terms.
8.7 Exceptions
The limitations in this section do not apply to damage caused by intent or deliberate recklessness of Instama's management, or as far as mandatory law does not allow them. They do not limit the rights of data subjects under Article 82 GDPR.
8.8 Conditions for a Claim
Instama's liability for a failure in its performance arises only if you notify Instama of the failure in writing without delay, describing it as fully as possible, and give Instama a reasonable period to remedy it, and Instama still fails after that period. A claim lapses if it is not made in writing within twelve months after you became aware, or could reasonably have become aware, of the event that caused the damage.
8.9 Force Majeure
Instama is not liable for a failure caused by circumstances beyond its reasonable control, including failures of hosting, AI model and other third-party providers, internet or power outages, cyber attacks that could not reasonably be prevented, and government measures. This does not affect Instama's responsibility for the data protection obligations of its subprocessors. If such a circumstance lasts longer than 60 days, either party may terminate the affected part of the Service in writing, without either owing compensation.
8.10 Who Relies on This Section
The limitations in this section also apply for the benefit of Instama's employees and of the persons Instama engages to provide the Service.
9. Changes to These Terms
Instama reserves the right to update these Terms. Material changes will be communicated in advance. Continued use of the Service following such updates constitutes your acceptance of the revised Terms.
10. Governing Law and Jurisdiction
These Terms are governed by Dutch law; the United Nations Convention on Contracts for the International Sale of Goods does not apply. Any disputes arising out of or relating to these Terms or the Service will be submitted to the exclusive jurisdiction of the courts in Amsterdam, The Netherlands.
11. General
If a provision of these Terms is void or annulled, the other provisions remain in force, and the provision is replaced by a valid one that comes as close as possible to its purpose. Instama may transfer its rights and obligations under these Terms to a company that takes over the Service; you may transfer yours only with Instama's written consent.
12. Contact
Instama B.V.
Bakenesserstraat 18-RD
2011 JJ Haarlem, The Netherlands
Chamber of Commerce (KvK): 99603292
Email: hello@instama.co