Terms of service

Last Updated: May 21st, 2024

1. Introduction

Welcome to Mintt Studio - Instafeed | Instagram Feed ("we," "our," or "us"). Mintt Studio - Instafeed | Instagram Feed is a Shopify app designed to display Instagram feeds on Shopify stores. By installing our application ("App") from the Shopify App Store or using any related services (collectively, the "Services"), you're agreeing to these legally binding terms. These terms govern your access to and use of the App within the Shopify ecosystem.

2. Acceptance of Terms

By installing the App from the Shopify App Store or using our Services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you don't agree with any part of the terms, you may not install or use our App or Services. Your use of the App is also subject to Shopify's Terms of Service.

3. Changes to Terms

We may modify the Terms at any time, in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Shopify App Store listing, through the Shopify admin interface, or through other communications via Shopify's notification system. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you must uninstall the App and discontinue use of the Services.

4. Description of Service

Instafeed is a Shopify app that allows users to display Instagram feeds on their Shopify stores. Our Services include features such as:

Grid or slider layouts for displaying Instagram content.
Customization options for feed appearance.
Integration with Shopify store themes.
Regular updates and improvements via the Shopify App Store.

The App is designed to work exclusively within the Shopify e-commerce platform and is subject to the functionality and limitations of the Shopify ecosystem.

5. Eligibility

To use the Instafeed app, you must:

Have an active Shopify store.
Be at least 18 years old.
Be able to form legally binding contracts.
Comply with these Terms and all applicable local, state, national, and international laws and regulations.

By agreeing to these Terms, you represent and warrant that you meet all the above eligibility requirements. If you are using the Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms.

6. Installation and Access

6.1 Installation

You can install the Instafeed App directly from the Shopify App Store. The installation process is managed by Shopify, and you must follow Shopify's procedures to add the App to your store.

6.2 Access

Your access to and use of the App is managed through your Shopify admin panel. You are responsible for maintaining the confidentiality of your Shopify account and for all activities that occur under your account.

6.3 Uninstallation

You may uninstall the App at any time through your Shopify admin panel. Uninstalling the App will terminate your access to our Services but may not automatically remove all App data from your store. Please contact our support team if you need assistance with complete data removal.

7. Pricing and Payment

7.1 Pricing Plans

We offer multiple pricing tiers:

Free plan: Includes basic features.
Paid plans: Starting from $6/month, with additional features.

For detailed and current pricing information, please refer to our Shopify App Store listing.

7.2 Payment Processing

All payments for the Instafeed App are processed through Shopify's billing system. By subscribing to a paid plan, you authorize Shopify to charge your account for the App fees according to the plan you've selected. Shopify will bill you on our behalf for the App fees on a recurring basis (either monthly or annually, depending on the billing cycle you've chosen).

7.3 Subscription Management

You can manage your subscription, including upgrades, downgrades, and cancellations, through your Shopify admin panel. Your subscription will automatically renew at the end of each subscription period unless you uninstall the App or downgrade to a free plan through your Shopify admin panel.

7.4 Cancellations and Refunds

If you cancel your subscription by uninstalling the App or downgrading to a free plan:

You will immediately lose access to all paid features.
We will refund the entire amount for the current billing month, regardless of the cancellation date within that month.
The refund will be processed through Shopify for the full amount of the current month's subscription fee.
This refund policy applies only to the current billing month at the time of cancellation. Previous months are not eligible for refunds.

7.5 Changes to Fees and Charges

We reserve the right to change our fees at any time. If we do so, we will provide notice of the changes on our Shopify App Store listing or through Shopify's communication channels, at least 30 days before the changes take effect. Continued use of the App after a price change constitutes your agreement to pay the changed amount.

8. User Responsibilities

As a user of the Instafeed App, you are responsible for:

8.1 Shopify Store Management

Maintaining your Shopify store in good standing.
Ensuring that your use of the App complies with Shopify's Terms of Service and any applicable Shopify policies.

8.2 Content and Rights

Ensuring you have the necessary rights to display Instagram content on your Shopify store.
Complying with Instagram's terms of service and policies.
Respecting intellectual property rights of third parties.

8.3 App Usage

Using the App in compliance with these Terms, all applicable laws, and regulations.
Not attempting to interfere with or disrupt the App or Shopify's services.
Not using the App for any illegal or unauthorized purpose.

8.4 Account Security

Maintaining the security of your Shopify account.
Promptly notifying Shopify of any unauthorized use of your account.

8.5 Data Accuracy

Providing accurate and up-to-date information for the operation of the App.
Ensuring that your use of the App does not violate any privacy laws or regulations.

9. Intellectual Property Rights

9.1 Our Intellectual Property

The Instafeed App, including its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

9.2 License to Use the App

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Instafeed App in connection with your Shopify store for your internal business purposes.

9.3 Restrictions

You may not:

Copy, modify, or create derivative works of the App or any related documentation.
Reverse engineer, decompile, or disassemble the App.
Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the App to any third party.

9.4 Your Content

You retain all rights in, and are solely responsible for, the content you display through the App on your Shopify store. By using Instafeed, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with providing and promoting our Services within the Shopify ecosystem.

9.5 Feedback

If you provide any feedback, ideas, or suggestions regarding the App ("Feedback"), you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such Feedback for any purpose without compensation or attribution to you.

10. Privacy Policy and Data Handling

10.1 Privacy Policy

Our Privacy Policy, available at https://minttstudio.com/privacy-policy, is an integral part of these Terms of Service. It outlines how we collect, use, protect, and disclose your personal information. We strongly encourage you to read our Privacy Policy carefully.

10.2 Consent to Data Practices

By using our Service, you explicitly consent to our data practices as described in the Privacy Policy. If you do not agree with our Privacy Policy, please do not use our Service.

10.3 Data Processing and GDPR Compliance

We are committed to processing your data in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable. Our data collection and usage practices are detailed in our Privacy Policy.

10.4 Shopify Ecosystem

As a Shopify app, Instafeed operates within the Shopify ecosystem. Some of your data may be processed, stored, or transmitted through Shopify's platform. We recommend reviewing Shopify's Privacy Policy to understand how they handle your data. Our use of any data obtained through Shopify complies with Shopify's API Terms and Conditions.

10.5 Instagram Integration

The App interacts with Instagram to display content on your Shopify store. Your use of Instagram content through our App is subject to Instagram's terms of service and data policies. We advise you to review Instagram's terms and privacy policy to understand their data handling practices.

10.6 Third-Party Services

We may use third-party services to support our App's functionality. These services may have access to your personal information only to perform specific tasks on our behalf and are obligated not to disclose or use it for any other purpose.

10.7 Data Security

We implement industry-standard security measures to protect your personal information. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

10.8 Your Rights

You have certain rights regarding your personal data, including the right to access, correct, or delete your personal information. To exercise these rights, please contact us using the information provided in the Contact Information section.

10.9 Changes to Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last updated" date.

11. Third-Party Services

11.1 Shopify Platform

Instafeed is designed to work exclusively on the Shopify platform. Your use of Shopify services is governed by your agreement with Shopify and Shopify's Terms of Service.

11.2 Instagram Integration

Our App integrates with Instagram to display content on your Shopify store. Your use of Instagram through our App is subject to Instagram's own Terms of Service and policies.

11.3 Other Third-Party Services

We may provide links to or integrations with other third-party services. These links and integrations are provided for your convenience and do not signify our endorsement of such third-party services. We do not control and are not responsible for the content or practices of any third-party services.

12. Disclaimer of Warranties

12.1 "As Is" Basis

THE INSTAFEED APP AND ALL RELATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

12.2 Service Levels and Guarantees

While we strive to provide a high-quality service, certain limitations apply:

Availability: We aim to maintain a 99.9% uptime for the App, excluding scheduled maintenance. However, we cannot guarantee that the App will be uninterrupted or error-free at all times.
Data Accuracy: While we endeavor to display accurate data from Instagram, we cannot guarantee the accuracy or reliability of third-party data.
Error Resolution: We will address critical errors within 24 hours of notification and non-critical errors within 5 business days. However, we do not guarantee that all errors will be fully resolved within these timeframes.
Updates and Improvements: We regularly update the App to improve functionality and fix issues. However, we do not guarantee that the App will meet all of your specific requirements or that all suggested features will be implemented.
Security: We implement industry-standard security measures to protect your data. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
Support Response Time: We aim to respond to support inquiries within 24 hours during business days. However, resolution times may vary depending on the complexity of the issue.

These service levels are subject to factors beyond our control, including but not limited to internet connectivity issues, force majeure events, and changes in third-party services upon which the App relies.

We reserve the right to modify these service levels with notice to users. Continued use of the App after such modifications constitutes acceptance of the updated service levels.

12.3 Shopify and Instagram Reliance

The functionality of our App relies on Shopify's platform and Instagram's services. We do not warrant against interruptions or errors caused by changes or issues with these third-party services.

12.4 Your Use

Any material downloaded or otherwise obtained through the use of the App is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

12.5 Advice or Information

No advice or information, whether oral or written, obtained by you from us or through or from the App shall create any warranty not expressly stated in these Terms.

13. Limitation of Liability

13.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INSTAFEED, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE APP OR SERVICES.

13.2 Limit on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTAFEED ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR APP; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR APP BY ANY THIRD PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP.

13.3 Shopify and Third-Party Services

WE ARE NOT LIABLE FOR ANY ISSUES, DAMAGES, OR LOSSES ARISING FROM THE USE OF SHOPIFY'S PLATFORM OR ANY THIRD-PARTY SERVICES INTEGRATED WITH OUR APP.

14. Indemnification

14.1 Scope of Indemnification

You agree to indemnify, defend, and hold harmless Instafeed, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (collectively, the "Indemnified Parties"), from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such Indemnified Parties may incur or suffer as a result of or arising from:

Your use of the Service.
Your violation of these Terms of Service.
Your violation of any rights of a third party, including but not limited to intellectual property rights.
Your violation of any applicable laws, rules, or regulations.
Any content that you post or share through the Service.
Any misrepresentation made by you; or
Your authorization of anyone else to do or omit to do any of the above.

14.2 Defense of Claims

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

14.3 Settlement of Claims

You agree not to settle any matter without the prior written consent of Instafeed. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

14.4 Survival of Indemnification

This indemnification obligation will survive the termination or expiration of these Terms and your use of the Service.

15. Assignment

15.1 User Assignment

You may not assign, transfer, sub-license or otherwise deal with your rights and/or obligations under these Terms without our prior written consent. Any attempted assignment or transfer in violation of this section shall be null and void.

15.2 Instafeed Assignment

We may freely assign, transfer, sub-license, or otherwise deal with our rights and/or obligations under these Terms without your prior consent or notice to you. This may occur, for example, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

15.3 Effect of Assignment

If we assign our rights and obligations under these Terms, your rights under these Terms will not be adversely affected.

15.4 Binding Effect

These Terms will be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

15.5 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

15.6 Business Transfers

In the event of a business transfer (such as a merger, acquisition, bankruptcy, dissolution, or sale of assets), we may transfer or assign these Terms, including any personal information, to the successor entity. You acknowledge and agree that such transfers may occur, and that any successor entity may continue to use your personal information as set forth in our Privacy Policy.

16. Termination

16.1 Termination by You

You may terminate these Terms at any time by uninstalling the App from your Shopify store. Upon uninstallation, you will lose access to all paid features immediately.

16.2 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the App will immediately cease.

16.3 Effects of Termination

Any provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

17. Governing Law

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law principles.

17.2 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms shall be instituted exclusively in the courts of Portugal, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.

17.3 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, including the formation, interpretation, breach, or termination thereof, will be primarily settled through amicable negotiations. If an amicable resolution cannot be reached within 30 days from the start of negotiations, the dispute shall be finally resolved by arbitration in accordance with the Rules of Arbitration of the International Chamber of Commerce. The seat of arbitration shall be Porto, Portugal. The language of the arbitration shall be English. The number of arbitrators shall be one.

18. Severability

18.1 Severability

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

18.2 Replacement of Invalid Provisions

In such case, the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.

18.3 Enforcement of Remaining Provisions

If any provision is deemed invalid, void, or unenforceable, the remaining provisions shall be given their full force and effect and shall be interpreted in a manner that reasonably carries out the parties' intentions.

19. Entire Agreement

19.1 Complete Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices published by Instafeed on the Service, shall constitute the entire agreement between you and Instafeed concerning the Service.

19.2 Superseding Prior Agreements

These Terms supersede and replace any prior agreements or understandings, whether written or oral, between you and Instafeed regarding the Service.

19.3 Third-Party Terms

You may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content, or third-party software.

19.4 No Other Representations

You acknowledge that you have not relied on any representations or warranties other than those expressly set out in these Terms.

20. Force Majeure

20.1 Definition

For the purposes of these Terms of Service, "Force Majeure Event" means any event beyond the reasonable control of Instafeed, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

20.2 No Liability

Instafeed shall not be liable or responsible to you, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any of our obligations under these Terms when and to the extent such failure or delay is caused by or results from a Force Majeure Event.

20.3 Notice

Instafeed will make reasonable efforts to notify you of any Force Majeure Event that affects the Service, to the extent possible.

20.4 Mitigation

In the event of a Force Majeure Event, we will use reasonable efforts to mitigate its effects and to resume performance as soon as reasonably possible.

20.5 Termination

If a Force Majeure Event continues for more than thirty (30) consecutive days, either party may terminate these Terms by giving written notice to the other party.

20.6 No Refunds

In the event of a Force Majeure Event, Instafeed is not obligated to issue refunds or credits for any unused portion of the Service during the period affected by the Force Majeure Event.

21. General Provisions

21.1 No Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

21.2 Section Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

21.3 Electronic Communications

You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

21.4 Relationship of Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, employment or agency relationship between you and Instafeed.

22. Business Information

The App is operated by Mintt Studio, a brand registered under the laws of Portugal with the following details:

Address: Rua Parque da República, 116, 4430-163 Vila Nova de Gaia, Portugal

23. Contact Us

If you have any questions about these Terms, please contact us through our support ticket system accessible via the Shopify admin panel or at support@minttstudio.com.

By installing and using the Instafeed App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last updated: May 21st, 2024