Terms of Service.

1. Acceptance of Terms

By creating an account, clicking to accept, or accessing or using Instally ("the Service"), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree, do not use the Service.

These Terms apply immediately when they are presented during account creation and accepted. For accounts that existed before this version was published, these Terms take effect on the earlier of your explicit acceptance or the effective date stated in the notice we send under the previous Terms. That notice will provide at least 30 days before a material change takes effect.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Description of Service

Instally is a measurement platform for mobile app developers. We provide tracked links, install and purchase reporting, analytics, creator or promoter dashboards, commission-ledger tools, and related services. The Service includes instally.io, app.instally.io, Instally SDKs, APIs, and associated infrastructure.

3. Eligibility and Business Use

You must be at least 18 years old and have legal capacity to enter into a binding agreement. The Service is intended for business and trade use, including use by app developers, studios, agencies, creators, and promoters in connection with commercial campaigns.

You represent that you acquire and use the Service primarily for business purposes. Where the requirements for contracting out are satisfied, and to the maximum extent permitted by law, the parties agree that the Consumer Guarantees Act 1993 does not apply to that business supply. Nothing in these Terms limits any right or remedy that cannot lawfully be excluded.

4. Accounts and Security

You must provide accurate and complete account information. You are responsible for maintaining the confidentiality of your credentials, API keys, webhook secrets, and team access, and for activity carried out through your account.

You must promptly notify us at hello@instally.io if you become aware of unauthorized access or a security incident affecting your account.

5. Acceptable Use

You agree not to:

• Use the Service for an unlawful purpose or in violation of applicable law
• Generate, purchase, conceal, or encourage fraudulent clicks, installs, purchases, or reporting data
• Attempt to access another user's account, data, or systems
• Reverse engineer, decompile, disassemble, or attempt to derive non-public source code
• Distribute malware, spam, or harmful content through the Service
• Scrape or collect data through unauthorized automated means
• Circumvent plan limits, rate limits, fraud controls, or security measures
• Resell, sublicense, or redistribute the Service without written permission
• Damage, disable, overload, or impair the Service
• Impersonate another person or entity or misrepresent an affiliation

6. Instally Plans and Subscription Fees

Instally offers free and paid plans. Paid subscriptions are billed through Stripe. You can upgrade, downgrade, or cancel through the dashboard or Stripe Customer Portal.

When you cancel, paid access continues until the end of the current billing period unless stated otherwise. Your account may then revert to the free plan and usage exceeding free limits may be restricted.

We may change pricing with at least 30 days' notice. A pricing change will not affect a billing period already paid. If you do not agree, you may cancel before the new price takes effect.

Instally subscription fees are separate from any amount a customer may owe a creator or promoter. Subscription fees are non-refundable except where required by law.

7. Intellectual Property

The Service, including its software, design, documentation, branding, and related intellectual property, is owned by Osprey Studios Limited. These Terms do not transfer ownership of the Service to you.

If you provide feedback or suggestions, you grant us a non-exclusive, royalty-free, perpetual license to use and incorporate that feedback without obligation to you.

8. Your Data

You retain ownership of data you submit to the Service. You grant us the limited rights needed to host, process, transmit, display, secure, and otherwise use that data to operate, support, protect, and improve the Service.

Reporting data generated by the Service is stored on your behalf and is available through supported dashboard and export features. You are responsible for keeping independent copies of records needed for accounting, tax, creator settlements, disputes, or legal compliance.

Following termination, we may delete account data after 30 days, subject to reasonable backup cycles, security requirements, dispute preservation, and legal retention obligations.

9. SDKs, Configuration, and Customer Responsibilities

You are responsible for correctly installing and maintaining the Instally SDK, links, integrations, webhook credentials, user identifiers, campaign settings, commission settings, and other configuration under your control.

You are also responsible for complying with applicable app-store rules, privacy and marketing laws, obtaining any required notices or consents, and ensuring that data you send to Instally may lawfully be processed.

10. Reporting and Measurement Limitations

Instally reports clicks, installs, purchases, revenue, and related events using available device, timing, link, SDK, integration, and third-party data. These results are measurements and estimates. They do not establish causal certainty, guarantee that every event is captured, or prove a legal entitlement to payment.

Reporting may be incomplete, delayed, duplicated, corrected, or unavailable because of device and platform restrictions, browser behavior, missing or inconsistent identifiers, customer configuration, fraudulent or automated traffic, refunds, chargebacks, third-party data, outages, network conditions, or other technical factors.

Revenue and currency information may use estimates supplied by RevenueCat, app stores, payment providers, or other integrations. Exchange-rate estimates may differ from settlement, accounting, tax, or bank records. Where available, Instally may preserve both a reporting currency and the original charged currency.

Sandbox, test, preview, fraudulent, duplicate, refunded, reversed, or otherwise ineligible events must not be treated as payable events. We may identify, exclude, reverse, or correct events and derived totals when reasonably necessary to improve data integrity.

Before making a material or irreversible payment or business decision, you must review the relevant campaign rules, investigate anomalies, and reconcile applicable purchases, refunds, and transaction identifiers against the billing provider or other appropriate system of record.

11. Creator and Promoter Relationships

Any agreement between a customer and a creator, promoter, affiliate, agency, or other participant is solely between those parties. Instally is not a party to that agreement and does not act as an employer, agent, partner, fiduciary, auditor, arbitrator, or representative of either party.

Customers are responsible for defining eligible events, rules for matching events to a tracked link, rates, currencies, refund treatment, fraud rules, caps, approval processes, payment timing, dispute procedures, tax obligations, and all other campaign terms before a campaign begins.

Creator or promoter dashboards are informational. Access to a dashboard or the appearance of an amount does not create a right to payment from Instally or constitute Instally's confirmation that an amount is due.

12. Commission Ledgers and External Payments

Commission and payout features calculate administrative ledger entries from the settings and reporting data available to the Service. Ledger entries are provisional until reviewed and approved by the responsible customer.

The customer is solely responsible for reviewing calculations, resolving discrepancies, approving or rejecting amounts, making any required payment through its chosen external method, keeping payment evidence, and handling creator disputes. Marking an entry as paid records information supplied by the customer; it does not mean Instally sent, received, guaranteed, or independently verified the payment.

If Instally later offers payment functionality through a third-party provider, that functionality will be subject to additional terms and the provider's requirements. We do not hold or safeguard customer or creator funds unless we expressly agree otherwise in writing.

13. Third-Party Services

The Service integrates with or depends on third-party services such as RevenueCat, Stripe, Firebase, app stores, hosting providers, Superwall, and Adapty. Your use of a third-party service is governed by its own terms.

We are not responsible for a third party's content, acts, omissions, availability, security, calculations, exchange rates, data accuracy, policy changes, or service terms. A third-party billing or app-store record remains the appropriate system of record for the underlying transaction.

14. Availability, Changes, and Preview Features

We aim to operate the Service reliably, but do not guarantee uninterrupted or error-free availability. We may perform maintenance and may modify, suspend, or discontinue features.

Features identified as beta, preview, early access, or experimental may be incomplete, change materially, or be withdrawn. Unless we expressly agree to a separate service level in writing, no service-level commitment applies.

15. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided "as is" and "as available". We do not give warranties, representations, or guarantees that the Service will meet every requirement, capture every event, produce an error-free result, prevent all fraud, remain continuously available, or be suitable as the sole basis for a creator payment, accounting entry, tax position, audit, or legal decision.

16. Limitation of Liability

To the maximum extent permitted by law, neither Instally nor Osprey Studios Limited is liable for indirect, incidental, special, consequential, exemplary, or punitive loss, or for lost profits, revenue, savings, data, goodwill, business opportunities, or anticipated benefits.

To the maximum extent permitted by law, we are not liable for amounts claimed under a customer's agreement with a creator or promoter, a customer's decision to pay or withhold payment, or loss caused by third-party data, customer configuration, fraudulent traffic, an external payment provider, or a customer's failure to review and reconcile a ledger, except to the extent directly caused by our breach of these Terms and subject to the cap below.

Our total aggregate liability arising from or relating to the Service or these Terms is limited to the greater of the fees you paid to us in the 12 months before the event giving rise to the claim and NZD $100.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, or liability for our fraud or wilful misconduct. Each party must take reasonable steps to mitigate its loss.

17. Indemnity

To the maximum extent permitted by law, you indemnify Osprey Studios Limited and its officers, employees, and agents against reasonable third-party claims, losses, liabilities, and legal costs arising from your creator or promoter agreements, campaign terms, classifications, commission rates, payout instructions, external payments, tax or employment obligations, unlawful or fraudulent activity, infringement of third-party rights, or material breach of these Terms, except to the extent the claim was caused by our breach, negligence, fraud, or wilful misconduct.

18. Suspension and Termination

We may suspend or terminate access immediately where reasonably necessary to address fraud, abuse, security risk, unlawful activity, non-payment, a material breach, or a legal requirement. We may terminate the Service or an account for another reason with at least 30 days' notice where reasonably practicable.

You may terminate your account at any time through available account controls or by contacting us. Termination does not affect rights, payment obligations, dispute records, or liabilities accrued before termination.

19. Changes to These Terms

We may update these Terms. Material changes apply to existing users after at least 30 days' notice by email or a prominent in-product notice. Non-material changes may take effect when posted. New users agree to the version presented when they create an account. If you do not agree to a material change, you must stop using the Service before it takes effect.

20. Statutory Rights and Governing Law

Nothing in these Terms contracts out of the Fair Trading Act 1986 or any other law except where contracting out is legally permitted, expressly agreed in writing, and fair and reasonable.

These Terms are governed by New Zealand law. Subject to any mandatory right to bring a claim elsewhere, disputes arising from these Terms or the Service will be resolved by the courts of New Zealand.

21. General

If a provision is unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will continue. A failure to enforce a right is not a waiver. These Terms and documents expressly incorporated into them form the entire agreement regarding the Service. We may assign these Terms as part of a merger, financing, reorganization, or sale of all or part of our business. You may not assign them without our written consent.

22. Contact

Questions about these Terms can be sent to hello@instally.io.