Terms & Conditions

1. Acceptance of Terms

By accessing or using the Instatiko website or any of our digital marketing services, you agree to be bound by these Terms and Conditions in full. If you do not agree with any part of these Terms, you must not use our website or services. These Terms constitute a legal agreement between you (“the Client” or “User”) and Instatiko (referred to as “Instatiko,” “we,” or “us”). We may also provide additional guidelines, policies, or terms for specific services; all such guidelines are incorporated by reference. Please review our accompanying Privacy Policy and Refund Policy, which form part of this agreement and are hereby incorporated by reference.

We reserve the right to modify or update these Terms at any time. If we make material changes, we will post a notice on our website or otherwise notify you. The revised Terms will show an updated Effective Date, and they will become effective when posted. By continuing to use our services after any changes take effect, you agree to the updated Terms. It is your responsibility to review these Terms periodically for updates.

2. Services Offered

Instatiko is a Canadian startup based in St. John’s, Newfoundland and Labrador, offering digital marketing services specializing in traffic generation for social media accounts. Our services include, but are not limited to:

• Search Engine Optimization (SEO): Improving website visibility on search engines.

• Email Marketing: Managing and executing email campaigns.

• Paid Advertising: Creating and running online ad campaigns (e.g., social media ads, search ads).

• Social Media Audits: Reviewing and reporting on social media account performance and strategy.

• Promotional Campaigns: Promoting client content via email databases, blog backlinks, and strategic ad spend.

We provide these services on a one-time or project basis (not as a subscription SaaS product, though we are evolving toward a SaaS model). Details of each service, deliverables, and any specific terms will be agreed upon with the client prior to commencement of work (e.g., in a proposal or statement of work).

While we strive to deliver high-quality results tailored to your needs, you acknowledge that digital marketing outcomes can vary and no specific results (e.g., particular traffic or follower increases) are guaranteed. Marketing results depend on many factors outside our control (such as search engine algorithms, market conditions, and audience behavior), and therefore Instatiko makes no warranty or guarantee of any particular outcome or return on investment from our services.

3. User Obligations and Acceptable Use

When you use our website or services, you agree to the following obligations:

• Provide Accurate Information: You agree to provide true, accurate, and complete information when ordering services or providing details (e.g. your contact information and project requirements). You are responsible for keeping your information up to date with us.

• Use for Lawful Purposes: You may not use the website or our services for any unlawful purpose or in furtherance of illegal activities. Any content you provide or actions you take in connection with our services must comply with all applicable laws and regulations.

• No Harmful Use: You may not use the website in any manner that could damage, disable, overburden, or impair our site or interfere with any other party’s use of the site. Similarly, you must not upload or transmit any viruses, malware, or malicious code, or do anything that seeks to harm or exploit our platform.

• Respect Intellectual Property: You may not upload, post, or share any content through our services that infringes any third party’s intellectual property or privacy rights (see Section 5 below on Intellectual Property). If you provide Instatiko with content (such as logos, images, text, or account access credentials) to be used in your marketing campaigns, you represent and warrant that you have all necessary rights and permissions to do so. You retain ownership of any intellectual property you provide to us, but you grant Instatiko a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display such content solely for the purpose of delivering the agreed services. If any third-party proprietary content is provided by you, it is your responsibility to obtain permission from the rights-holder.

• Account Security (if applicable): If we provide you with an account or login credentials to access any Instatiko platform or tools, you are responsible for maintaining the confidentiality of your login information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Instatiko reserves the right to refuse service, suspend accounts, or terminate projects if we determine, in our sole discretion, that a user has violated these obligations or any other provision of these Terms.

4. Fees and Payment Terms

Pricing: Our services are offered on a one-time fee or project fee basis. All fees will be communicated to you in advance, either via our website for standard packages or in a custom quote/proposal for tailored services. Prices are listed in Canadian Dollars (CAD) or US Dollars (USD) as indicated, and are exclusive of any applicable taxes or fees unless stated otherwise.

Payment Methods: For services valued at CAD $300 (or USD $300) or less, payment is required by credit card at the time of order. For any service or project over $300, payment must be made via ACH (electronic bank transfer) or direct bank transfer, as instructed on our invoice or payment page. We use a third-party Merchant Service Provider to process payments. Instatiko itself does not collect or store your credit card or bank account details – all payment transactions are handled securely by our payment processor. You authorize us or our payment processor to charge the payment method you provide for the agreed fees.

Payment Schedule: Unless otherwise agreed in writing, payment is due in full upfront before service commencement. In certain custom projects, we may agree to a milestone-based payment schedule (e.g., 50% upfront, 50% upon completion); such terms will be detailed in our proposal or invoice if applicable.

Receipts and Invoices: Instatiko will provide you with a receipt or invoice confirming the payment amount and method. If paying via bank transfer, you are responsible for any bank fees or transaction charges; ensure the net amount received by Instatiko matches the invoiced amount.

Declined Payments: If a credit card payment is declined or an ACH transfer is returned, we will notify you and you must provide an alternate valid payment promptly. We reserve the right to pause or withhold services until full payment is received.

Late Payments: Where a payment schedule is agreed and payment is not received by the due date, Instatiko may charge interest on overdue amounts at the rate allowed by applicable law or may suspend work until payment is made. The Client is responsible for any collection costs incurred by Instatiko in obtaining payment (including reasonable attorneys’ fees) if payment is significantly overdue.

Please note that our Refund and Cancellation Policy (see separate document) outlines circumstances under which payments may be refunded. Except as outlined in that policy or as required by law, all payments are non-refundable once services have begun.

5. Intellectual Property Rights

All content and materials available on the Instatiko website, including but not limited to text, graphics, logos, button icons, images, audio clips, videos, data compilations, and software, as well as the design, structure, selection, coordination, and arrangement of such content (collectively, the “Site Content”), are the property of Instatiko or its licensors and are protected by copyright, trademark, and other intellectual property laws. Except where expressly stated otherwise, all intellectual property rights in our website and its content belong to Instatiko (or have been licensed to Instatiko). All rights are reserved.

You are granted a limited, revocable, non-transferable license to access and use the Site Content for your own informational purposes in connection with our services. You may download or print portions of the Site Content for your personal use only, provided you do not remove any proprietary notices. You may not reproduce, redistribute, republish, or commercially exploit any Site Content without our express written permission. Using our content in ways not authorized by these Terms may violate our intellectual property rights and could result in termination of your permissions to use the site.

Any Instatiko trademarks, service marks, logos, and trade names (collectively, “Marks”) displayed on our site or documents are proprietary to us. You are not permitted to use our Marks without our prior written consent. All third-party trademarks or service marks (such as the names of social media platforms or other services we mention) remain the property of their respective owners. Use of third-party marks on our site is for reference only and does not imply any affiliation with or endorsement by those third parties.

If you provide Instatiko with any suggestions, feedback, or other input regarding our services or website (“Feedback”), you hereby grant Instatiko an unrestricted, perpetual, irrevocable, royalty-free license to use such Feedback in any manner. This helps us improve our offerings without liability or obligation to you.

6. Performance of Services

Instatiko will use commercially reasonable efforts and skills to deliver the services you purchase in accordance with the agreed specifications and timeline. You acknowledge and agree:

• Collaboration: Successful digital marketing often requires timely input or cooperation from the Client. You agree to provide necessary materials, information, and approvals in a timely manner to facilitate the work. We are not liable for delays caused by your failure to fulfill obligations (such as providing content or feedback).

• Third-Party Platforms: Our services may involve managing or publishing content on third-party platforms (e.g., Facebook, Instagram, Google Ads) on your behalf. You authorize us to act as an authorized user of your accounts where necessary to perform the services. All usage of third-party platforms is subject to those platforms’ own terms and policies, and you agree that our work is also constrained by those terms. We are not responsible for any actions taken by those third-party services (for instance, if a social media platform experiences downtime or if they suspend your account due to content or actions unrelated to our instructions).

• Ad Spend: If paid advertising is part of our service, any media buying budgets or ad spend will be handled as agreed. Either you will provide us access to your ad accounts with a set budget, or you will remit ad funds to us for deployment strictly as instructed. We will not exceed the authorized budget without written approval.

• No Guaranteed Outcomes: As noted, marketing is inherently uncertain. We cannot guarantee specific results or performance metrics (such as number of followers gained, click-through rates, search rankings, or revenue increases). Any examples of past performance are illustrative only. By engaging our services, you acknowledge that services are provided on a best-efforts basis and outcomes will vary.

• Client Review: Upon completion of deliverables (e.g., an audit report, marketing content, or campaign setup), we will provide them to you for review (if applicable). You agree to review deliverables promptly and notify us of any issues or required corrections within a reasonable time frame (for example, within 5 business days). Absent any feedback within that period, deliverables will be deemed accepted.

7. Disclaimer of Warranties

Use at Your Own Risk: Instatiko’s website and services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Instatiko disclaims all warranties, express or implied, regarding the website and services, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

In particular, while we strive for accuracy and reliability:

• We do not warrant that our services or any deliverables will meet all of your expectations or requirements, or that they will achieve any particular result (such as a certain amount of web traffic or engagement).

• We do not warrant that the operation of our website or delivery of services will be uninterrupted, timely, secure, or error-free.

• We do not warrant the accuracy or completeness of any information provided on our site. Any material obtained through the use of our services is accessed at your own discretion and risk.

You understand that digital marketing involves external platforms and algorithms (search engines, social networks) over which Instatiko has no control; thus, we provide no guarantee that our optimizations or campaigns will not be impacted by changes made by third parties (for example, changes in Google’s search algorithm or advertising policies).

Instatiko makes no warranties regarding the outcome of any marketing strategies. All statements about anticipated results are expressions of opinion only. The Client assumes all responsibility for decisions made based on any advice or information provided by Instatiko.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the minimum scope permitted by law.

8. Limitation of Liability

Limited Liability: To the fullest extent permitted by applicable law, Instatiko’s total liability for any and all claims arising out of or in connection with this agreement or your use of our services will not exceed the total amount you paid us for the specific service or project that is the subject of the claim. If the claim relates to use of the website (where no purchase was made), Instatiko’s total liability will not exceed one hundred Canadian dollars (CAD $100). This limitation applies no matter how many claims you bring or the theory of liability (contract, tort, negligence, strict liability, or otherwise).

Exclusion of Certain Damages: In no event shall Instatiko (or its directors, officers, employees, or agents) be liable to you for any indirect, incidental, consequential, special, or punitive damages whatsoever, including but not limited to lost profits, lost revenue, lost business opportunities, loss of data, or business interruption, arising out of or in connection with your use of (or inability to use) our services or website, even if we have been advised of the possibility of such damages. We will not be liable for any claim arising from a cause beyond our control, including acts of God, labor disputes, technological failures, or the actions of third-party service providers.

This limitation of liability and exclusion of damages applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if any limited remedy fails of its essential purpose.

Application of Limitations: Certain jurisdictions do not allow the limitation of liability for incidental or consequential damages, so some limitations above may not apply to you. In such cases, Instatiko’s liability will be limited to the greatest extent permitted by law.

You acknowledge that the fees paid for our services reflect the allocation of risk set forth in these Terms and that Instatiko would not be able to provide the services on an economical basis without such limitations. This Section 8 shall survive termination or expiration of this agreement.

9. Indemnification

You agree to defend, indemnify, and hold Instatiko harmless (including our affiliates, and our respective officers, directors, employees, and agents) from and against any and all claims, demands, suits, causes of action, losses, liabilities, damages, judgments, and costs (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your use of the website or services; (b) any content or data you provide to us (including allegations that such content infringes or misappropriates the rights of a third party or violates applicable law); (c) your breach of these Terms or any act or omission by you (or by persons using your account) in violation of these Terms.

If we receive a claim for which you have agreed to indemnify us, we will promptly notify you of the claim and may (at your own expense) allow you to control the defense and settlement of such claim, provided that any settlement that imposes any obligation or liability on Instatiko requires our prior written consent. We reserve the right, at our option, to assume exclusive defense and control of any matter subject to indemnification by you, and you will cooperate with us in asserting any available defenses.

Your indemnification obligation will survive any termination or expiration of this agreement. This provision is intended to allocate the risk between the parties and shall be enforceable to the fullest extent allowed by law.

10. Governing Law and Dispute Resolution

This agreement and any dispute or claim arising out of or related to it or our services shall be governed by and interpreted in accordance with the laws of the Province of Newfoundland and Labrador, and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree that any legal action or proceeding between you and Instatiko shall be brought exclusively in the courts of the Province of Newfoundland and Labrador. You expressly consent to the personal jurisdiction of those courts and waive any objections to such jurisdiction or venue.

If you access or use our services from outside Canada or the U.S., you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

11. Miscellaneous

Entire Agreement: These Terms and Conditions, together with our Privacy Policy and Refund Policy and any other policies or guidelines incorporated by reference, constitute the entire agreement between you and Instatiko regarding the subject matter herein, and supersede any prior or contemporaneous agreements, communications, and proposals (whether oral or written) between the parties. Any additional or different terms proposed by you (for example, in a purchase order or email) are hereby rejected unless expressly agreed in writing by an authorized representative of Instatiko.

Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be deemed severed from this agreement and the remaining provisions shall remain in full force and effect. The parties shall negotiate in good faith a valid, legal, enforceable substitute provision that most nearly effects the parties’ intent in entering into this agreement.

No Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. A party’s failure to enforce strict performance of any provision will not constitute a waiver of that provision or any rights. Any waiver must be in writing and signed by the party granting the waiver to be effective.

Assignment: You may not assign or transfer this agreement or any of your rights or obligations hereunder without Instatiko’s prior written consent. Instatiko may assign this agreement to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Independent Contractors: The relationship between you and Instatiko is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, franchise, or agency relationship. Neither party has the authority to bind the other or incur obligations on the other’s behalf.

Force Majeure: Instatiko shall not be liable for any failure or delay in performing its obligations where such failure or delay is due to causes beyond its reasonable control, such as natural disasters, acts of government, war, civil disturbance, labor disputes, internet or power outages, or the failure of third-party platforms or service providers.

Notices: Any notices or communications required or permitted under these Terms to you will be given to the contact information you provided or via the website (for general updates to terms). Notices to Instatiko should be sent to our official business address as listed on our website, with a copy to our contact email. Notices will be deemed given (a) if by hand or overnight courier, upon receipt; (b) if by certified mail, on the third business day after mailing; or (c) if by email, upon sending, provided no bounce-back or similar error is received.

12. Contact Information

If you have any questions about these Terms and Conditions, or wish to contact us for any reason, please contact:

Instatiko
Attn: Legal Department
St. John’s, NL, Canada
Email: support@instatiko.com

(Instatiko is a business operating in Newfoundland and Labrador, Canada. Our business registration details and mailing address are available upon request.)

By using our website or services, you acknowledge that you have read, understood, and agree to these Terms and Conditions. Thank you for choosing Instatiko for your digital marketing needs.