TERMS OF SERVICE

Last Updated: March 21, 2025

Introduction

Welcome to Instaman.co ("Instaman," "we," "our," or "us"), a service operated by Shipscale Software Solutions Private Limited, a company incorporated under the laws of India.

These Terms of Service ("Terms") constitute a legally binding agreement between you and Shipscale Software Solutions Private Limited regarding your use of the website instaman.co and all services provided through it (collectively, the "Service").

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICE.

1. Service Description

Instaman is an AI-powered image generation platform that allows users to upload their selfies and photos to train AI models that can then generate personalized AI images in various styles, poses, and settings.

Uploading your own images for AI training
Processing your images with our AI technology
Generating customized AI representations of yourself
Storing, downloading, and sharing your AI-generated images

2. Eligibility and Account Registration

2.1 Eligibility

You are at least 18 years old
You have the legal capacity to enter into these Terms
You are not prohibited from using the Service under applicable laws
You have not previously been suspended or removed from the Service

2.2 Account Registration

Providing the required information in our registration form
Connecting through a third-party authentication service (e.g., Google, Facebook)

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are solely responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3. Credit System

3.1 Credit Overview

Our Service operates on a credit-based system. Credits are the virtual currency used to access and utilize various features of our Service.

You receive 10 free credits upon registration
Additional credits can be purchased through our payment system
Credits do not expire and remain valid until used
Credits are non-transferable and non-refundable except as required by applicable law

3.2 Credit Usage

Credits are consumed when you use certain features of the Service:

Each image generation costs 1 credit
Creating and training an AI model costs 400 credits

The credit costs for various features may be updated from time to time. Any changes to credit costs will be communicated through the Service and will apply to future usage only.

3.3 Credit Purchases

You may purchase credits through our Service in packages at the prices displayed, which may be shown in USD or INR based on your location or preferences. All payments are processed securely through our payment processor, Razorpay.

By purchasing credits, you agree to the payment terms and policies of both Instaman and Razorpay. You represent and warrant that you have the legal right to use any payment method you provide.

3.4 Payment Processing

All payments are processed through Razorpay, which may collect and store your payment information according to its privacy policy and terms of service. We do not store your complete payment information on our servers.

For Indian users, Razorpay offers payment options including credit cards, debit cards, UPI, and other local payment methods. For international users, payment may be made via credit cards and other methods supported by Razorpay for international transactions.

4. User Content

4.1 User Content Definition

"User Content" means any content that you upload, share, or create through the Service, including but not limited to photos, selfies, images, text, and other materials.

4.2 Ownership of User Content

You retain all ownership rights in your User Content. However, by uploading or sharing User Content on the Service, you grant us certain licenses as described below.

4.3 Licenses to User Content

By uploading User Content to the Service, you grant Shipscale Software Solutions Private Limited a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, create derivative works from, distribute, perform, and display your User Content for the purposes of:

Operating, providing, and improving the Service
Training our AI models to generate images based on your likeness
Creating personalized AI-generated images for you
Analyzing and improving our algorithms and technologies
Displaying your User Content on the Service in accordance with your settings

We will not use your images to train AI models for other users without your explicit consent
We will not use your selfies or photos for marketing purposes without your separate consent
We will respect your privacy settings and any restrictions you set on the visibility of your content

4.4 User Representations and Warranties

By uploading User Content, you represent and warrant that:

You own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use your User Content as described in these Terms
Your User Content does not infringe or violate the intellectual property rights, privacy rights, publicity rights, or other rights of any third party
Your User Content does not contain the likeness or personal information of any individual other than yourself, unless you have obtained all necessary consents from such individuals
Your User Content complies with these Terms and all applicable laws and regulations

5. AI-Generated Content

5.1 Ownership of AI-Generated Images

Subject to your compliance with these Terms, you own the AI-generated images of yourself created through the Service. Shipscale Software Solutions Private Limited assigns to you all its rights, title, and interest in the output generated specifically for you based on your User Content.

5.2 Limitations on AI-Generated Images

The underlying AI technology, models, and algorithms remain the property of Shipscale Software Solutions Private Limited
Similar AI-generated images may be created for other users using their own uploaded content
We may use anonymized data derived from usage of the Service to improve our AI models

6. Payment Terms

6.1 Credit Purchases

We offer credit packages at various price points, displayed in either USD or INR based on your location or preference. All pricing information is available on our website. Pricing and credit package details may be updated from time to time.

By purchasing credits, you authorize us to charge your selected payment method for the specified amount. All credit purchases are processed through Razorpay, our payment processor.

6.2 Currency and Pricing

Indian Rupees (INR) for users in India
US Dollars (USD) for users outside India

You can select your preferred currency through our interface. The currency selection may affect which payment methods are available to you.

6.3 Taxes

All fees are exclusive of applicable taxes (like GST in India). Where required by law, we will collect and remit taxes applicable to your purchase, which will be added to your billing amount.

6.4 Refunds and Cancellations

All credit purchases are final and non-refundable. There are no refunds or cancellations for any reason whatsoever once a purchase has been made. By making a purchase, you acknowledge and agree that you will not be entitled to a refund for any purchase under any circumstance.

If you believe there has been an error in billing or charging, please contact support@instaman.co within 24 hours of the transaction with details of the issue.

7. Prohibited Conduct

You agree not to:

Use the Service for any illegal purpose or in violation of any laws or regulations
Upload or share content that is obscene, pornographic, violent, harassing, defamatory, or otherwise objectionable
Upload images of minors or individuals other than yourself without proper authorization
Upload content that infringes on anyone's intellectual property rights
Use the Service to create deepfakes, impersonations, or misrepresentations of other individuals
Use the Service to create AI-generated content that could be used for fraud, scams, or deception
Attempt to gain unauthorized access to the Service or other users' accounts
Use automated means to access or use the Service without our express permission
Interfere with the proper functioning of the Service or place excessive loads on our infrastructure
Attempt to reverse engineer, decompile, or otherwise try to extract the source code of the Service
Sell, license, or otherwise commercialize the AI models or technology underlying the Service
Manipulate the credit system or attempt to bypass credit requirements for service features

8. Intellectual Property Rights

8.1 Our Intellectual Property

The Service, including its underlying technology, software, algorithms, AI models, visual interfaces, graphics, design, and all other elements (excluding User Content and AI-generated images assigned to you), is owned by Shipscale Software Solutions Private Limited and is protected by intellectual property laws.

8.2 Limited License to Use the Service

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal and commercial use.

8.3 Feedback

If you provide suggestions, ideas, or feedback about the Service ("Feedback"), you grant us a non-exclusive, royalty-free, perpetual, irrevocable license to use, modify, and incorporate your Feedback without any obligation to compensate you.

9. Termination

9.1 Termination by You

You may terminate your account at any time by following the instructions on the Service or by contacting us at support@instaman.co.

9.2 Termination by Us

You violate these Terms
You engage in fraudulent or illegal activities
Your use of the Service poses a security risk
We are required to do so by law
We decide to discontinue the Service

9.3 Effect of Termination

Your access to the Service will be revoked
You will lose access to any User Content stored on the Service
You will lose access to any unused credits in your account
You will retain ownership of any AI-generated images you have downloaded
Sections of these Terms that by their nature should survive termination will remain in effect

10. Disclaimers and Warranties

10.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

10.2 AI Technology Limitations

AI technology is evolving and experimental
AI-generated images may contain errors, inaccuracies, or unexpected outputs
We do not guarantee that the AI-generated images will meet your expectations or requirements
The quality of AI-generated images depends on various factors, including the quality of your uploaded images

10.3 Service Availability

The Service will be available at all times or without interruptions
The Service will be error-free or bug-free
Any errors will be corrected
Your data will never be lost or corrupted

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHIPSCALE SOFTWARE SOLUTIONS PRIVATE LIMITED, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES
ANY DAMAGES RELATED TO YOUR ACCESS TO OR USE OF THE SERVICE
ANY CONTENT OBTAINED FROM THE SERVICE
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR USER CONTENT
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR INR 5,000, WHICHEVER IS LESSER.

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

12. Indemnification

Your use of the Service
Your User Content
Your violation of these Terms
Your violation of any rights of another person or entity

13. Dispute Resolution

13.1 Informal Dispute Resolution

If you have a dispute with us, you agree to contact us first at support@instaman.co to attempt to resolve the dispute informally.

13.2 Arbitration

If we cannot resolve the dispute informally, any controversy or claim arising out of or relating to these Terms or the Service shall be settled by binding arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in Raipur, India, in the English language by a single arbitrator appointed in accordance with said Act.

13.3 Exceptions

Seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service
Pursuing claims in small claims court
Bringing actions by a state or federal government agency

13.4 Class Action Waiver

YOU AND SHIPSCALE SOFTWARE SOLUTIONS PRIVATE LIMITED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. Governing Law

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

15. Changes to Terms

We may modify these Terms at any time by posting the revised Terms on the Service. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you should discontinue your use of the Service.

For material changes to these Terms, we will make reasonable efforts to notify you, such as through a notice on our website or an email to the address associated with your account.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Shipscale Software Solutions Private Limited concerning the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Shipscale Software Solutions Private Limited.

16.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction.

16.5 Notices

Any notices or other communications provided by us under these Terms will be given by posting to the Service or by sending to the email address associated with your account. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

17. Contact Information

If you have any questions about these Terms, please contact us at:

Shipscale Software Solutions Private Limited Email: legal@instaman.co Website: instaman.co

Physical Address: ZENITH COWORKING 7 FLOOR, CURRENCY TOWER, VIP Square, TELIBANDHA, Raipur- 492001, Chattisgarh, India