Terms and Conditions

1. Introduction
This Terms and Conditions document (“Agreement”) outlines the collaborative partnership between The Client, herein referred to as “Client,” and instantcall, herein referred to as the “Service Provider.” This Agreement stipulates the terms under which the Service Provider shall deliver professional data services to the Client. By engaging with instantcall’s services, the Client acknowledges and agrees to abide by the terms and conditions set forth herein, governing the scope of the collaborative efforts between the parties.
It is imperative that the Client carefully reviews and comprehends the contents of these Terms and Conditions prior to utilizing any services provided by instantcall.

The instantcall company is part of FFD Media S.L., a legal entity incorporated under the laws of Spain with Company Tax ID number ESB42749887, whose registered office is at Avenida Diagonal 474 7-4 08006 Barcelona, Spain.

2. Glossary
The terminology employed within these Terms and Conditions carries the subsequent definitions:

Account – refers to a customized user account within the “instantcall Application,” established by the Service Provider on behalf of the Client.
Terms and Conditions – signifies a contractual arrangement executed between the Service Provider and the Client, with its fundamental terms governed by the provisions set forth in these Terms of Conditions. The Terms and Conditions shall be legally binding upon the Client’s lawful successors; the Client may not transfer their rights and responsibilities stemming from the Terms and Conditions to another entity without obtaining the express consent of the Service Provider.
Business day – denoting the days encompassing Monday through Friday, commencing from 9:00 a.m. to 5:00 p.m. CET, with the exception of legally recognized holidays.
Confidential Information – any information that has been designated as confidential through explicit marking or that has been treated as confidential due to its inherent nature.
Client – an individual, legal entity, or any other organizational structure that has entered into the Terms and Conditions with the Service Provider, within the context of their commercial pursuits or professional endeavors, primarily arising from the nature of their business activities.
Order – Order shall denote a directive submitted by the Client to the Service Provider using the mechanisms provided by the Service Provider, delineating the specifics of the Service or Services being requisitioned, any pertinent technical prerequisites associated with its delivery (if applicable), and the compensation owed to the Service Provider.

Pricelist – a formal document, retrievable at https://www.instantcall.io, which comprehensively outlines the tariff structure governing the Service and the diverse modalities in which the Service is proffered. It should be underscored that any modifications to the Pricelist shall not be construed as modifications to this Terms and Conditions; all prices indicated within the Pricelist are presented as net amounts.
Settlement Period – a timeframe during which compensation is assessed in relation to the delivery of the Service by the Service Provider, the duration of which is specified either in an Order or as outlined in the Pricelist.
Service or Services – shall refer to the services furnished by the Service Provider to the Client pursuant to the executed Terms and Conditions.
Service Provider – instantcall subsidiary of FFD Media SL (“ we ”, “ us ” and “ our ”), a company incorporated under the laws of Spain with company tax id number ESB42749887, whose registered office is at Avenida Diagonal 474 7-4 08006 Barcelona, Spain.
The instantcall Application – the software application utilized by the Service Provider to furnish the Service
Terms and Conditions – pertains to these stipulated terms and conditions governing the utilization of the Services.
Please carefully read the following terms and conditions before using our software:

3. The Terms and Conditions
3.1 Acceptance of Terms and Conditions
By using our software, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms, please refrain from using our software.
3.2 Privacy policy
These Terms and Condtions include and incorporate by reference the https://instantcall.io/privacy-policy/, which explains the types of information collected, stored, shared and processed in connection with the Website, how and why we use such information, who we share it with and your legal rights.
3.3 Responsible Usage
You agree to use our software responsibly and for lawful purposes only. You are solely responsible for your actions while using our software.
3.4 Malicious Usage
Any malicious or unauthorized use of our software, including but not limited to hacking, unauthorized access, distribution of malware, or any other harmful activities, is strictly prohibited.
3.5 Penalties
We reserve the right to take legal action and impose penalties against users engaged in malicious or unauthorized activities. This may include but is not limited to reporting to relevant authorities and seeking damages for any harm caused.
3.6 Immediate Termination
We reserve the right to immediately terminate your access to our software without notice if we determine, in our sole discretion, that you have violated these terms and conditions or engaged in malicious usage.
3.7 No Liability
We are not responsible for any damages, losses, or consequences that may result from your use of our software, including but not limited to loss of data, financial loss, or any other harm. You use our software at your own risk.
3.8 Changes to Terms
We may modify these Terms and Conditions at any time without prior notice. It is your responsibility to regularly review these Terms and Conditions for any updates.
3.9 Contact
If you have any questions or concerns about these Terms and Conditions, please contact us at legal@instantcall.io
By using our software, you acknowledge that you have read, understood, and agree to abide by these Terms and Conditions. Failure to comply with these Terms and Conditions may result in legal action and termination of your access to our software.

4. GDPR Compliance
These Terms and Conditions are designed to inform you of your rights and obligations concerning data protection under the General Data Protection Regulation (GDPR). By using our services, you agree to comply with these terms.
4.1 Data Collection
We collect and process personal data in accordance with GDPR principles. Your data will be processed transparently, lawfully, and for specified, explicit purposes.
4.2 Data Usage
Your personal data will only be used for the purpose for which it was collected, and we will not share it with third parties without your explicit consent.
4.3 Roles of the Parties
Data Controller – The Controller shall determine the purposes and means of Processing of Personal Data. The Data Controller determines the purposes for which and the means by which personal data is processed, in this case the Client.
Data Processor – The Processor shall act as a Data Processor under the GDPR and will process Personal Data only on behalf of and according to the documented instructions of the Data Controller, The Service Provider, in this case instantcall.
4.4 Data Security
We implement robust security measures to protect your data from unauthorized access, disclosure, alteration, and destruction. We continuously monitor and update our security protocols to stay GDPR compliant.
4.5 Data Access and Control
You have the right to access, rectify, or erase your personal data, as well as the right to restrict or object to its processing. You can exercise these rights by contacting our Data Protection Officer.
4.6 Data Retention
We will retain your data only for as long as necessary to fulfill the purposes for which it was collected or as required by law. After this period, your data will be securely delete
4.7 Data Transfer
If we transfer your data outside the European Economic Area (EEA), we will ensure appropriate safeguards are in place to protect your data rights.
4.8 Cookie Policy
We use cookies on our website to enhance your browsing experience. You can review our Cookie Policy for more information on how we use cookies and how you can manage your cookie preferences.
4.9 Compliance Reporting
If you believe that we have violated your data protection rights under GDPR, you have the right to lodge a complaint with the relevant supervisory authority.
4.10 Changes to Terms
We reserve the right to amend these Terms and Conditions to ensure GDPR compliance. Any changes will be communicated to you in advance.
4.11 Contact Information
For questions or concerns regarding GDPR compliance or these Terms and Conditions, please contact our Data Protection Officer at legal@instantcall.io
By using our services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions concerning GDPR compliance. Your continued use of our services constitutes your ongoing acceptance of these terms.

5. Technical Requirements
1. The Service Provider takes every effort to enable the Client to use the Services with any web browser, using various types of devices with access to the Internet. At the same time, as of the effective date of these Terms and Conditions, it guarantees the correct operation of the Service in the Google Chrome, Firefox, Opera, and Safari browsers.
2. The Client is solely responsible for configuring the Services, implementing the plug-in, and bearing the outcomes of said configuration.
3. The Service Provider informs that the following minimum conditions are necessary for the correct operation of the Services:
access to the Internet, an installed browser as referred to in paragraph 1, enabled cookie support with respect to cookies necessary to display the website – for the Services that consist in access to the instantcall Application without logging in;
access to the Internet, an installed browser as referred to in paragraph 1, enabled cookie support with respect to cookies necessary to display the website, an active e-mail account, an active phone number – for the Service that consists in creating an Account, the possibility of logging in, and other Services available after logging in;
an active website, the ability to insert a widget on the website, access to the Internet, an active phone number – for the Service that consists in making the widget available in places specified by the Client;
some functionalities of the Service may be limited in the event of non-acceptance of “cookies” by visitors to the Client’s website.

6. Payments
1. The Services stated in the instantcall Application as payable are provided against charge and the total amount of the remuneration due to the Service Provider is each time stated in an Order and the Terms and Conditions.
2. The Client may upgrade the Service plan at any time within the Settlement Period. The Client changes the plan by purchasing another plan. The plan is changed as soon as the Client has paid the difference in fees for the remaining Settlement Period.
3. Changing the plan of the Services to a lower one is possible at any time and takes place immediately after the Client has made the respective declaration. In such case, none of the fees for the relevant Settlement Period is refunded.
4. Unless the Terms and Conditions states otherwise, the price for the Service is payable for each Settlement Period in advance.
5. The Client may also agree to recurring payments, i.e. the automated collection of funds within a payment card designated by the Client, for individual Settlement Periods selected by the Client in an Order. By means of the functionalities of the instantcall Application, the Client may resign from such payments at any time, whereby this will block access to those Services to which that payment mode referred upon the lapse of the last paid Settlement Period.
6. The day on which the Service Provider’s bank account is credited with the relevant amount is deemed the payment date.
7. The Service Provider retains the prerogative to modify the Pricelist at its discretion. Any modifications to the Pricelist shall be executed in documentary form, irrespective of whether the Terms and Conditions are originally established in written form. The revised Pricelist shall acquire legal effect as of the date stipulated in the notification of such modification, provided that this period is not less than seven (7) days. In the event that the Client does not terminate the Terms and Conditions within the aforementioned timeframe, they shall be considered to have accepted the revised Pricelist without any reservations upon the expiration of the stated period. Conversely, should the Client decide to terminate the Terms and Conditions, the unaltered Pricelist shall remain in effect until the conclusion of the Terms and Conditions.
8. Any payments made to the Service Provider are non-refundable.
9. A VAT invoice for the use of the Service is issued within 7 days of receipt of a payment. Before receiving a payment, the Service Provider may issue a pro-forma VAT invoice. The Client hereby agrees to receive invoices in electronic form.
10. The Service Provider reserves the right to suspend the provision of the Service where the Client fails to effect payment.
11. The Service Provider may offer a part of the Services free of charge. In such case, the scope of the Services may be limited – each time the information about the scope of the free-of-charge Services will be posted in the instantcall Application. The Service Provider is entitled to discontinue the free-of-charge Services at any time, about which it will advise each Client using such Services.

7. Right and Obligations of the Parties
1. The Service Provider agrees to provide to the Client, by electronic means, a set of services determined by the scope of the functionalities of the instantcall Application and the list in the Pricelist. If within the Terms and Conditions term the Service Provider changes, improves, or updates the instantcall Application and its Services, then their new version will immediately be implemented and made available to the Client through the Service. The time for implementing an upgrade or update of the Services will correspond to the level of advancement and complexity of the implemented technical changes and may require a maintenance break. Such change will not constitute amendment of the Terms and Conditions.
2. The Service Provider does not provide data archiving or backup services.
3. When selecting the scope of Services, the Client should pay particular attention to their expanded descriptions in the Pricelist, in particular the Client should be aware that some functionalities may be unavailable or limited in a variant selected by them.
4. The Client may freely change and select variants of the Service, with the proviso that (i) change from a paid variant to a free-of-charge variant or (ii) change from a higher to a lower variant does not create an obligation on the part of the Service Provider to refund the whole or part of the fee already paid by the Client.
5. Upon activation of the Account, the Client is obliged to:
use the Services in accordance with good manners, rules of social co-existence, terms arising out of the provisions of these Terms and Conditions;
update all data necessary for the proper performance of the Service, at the time of change, no later than within 3 business days from its occurrence;
comply with legal provisions, in particular, those related to the provision of services by electronic means and the protection of personal data;
keep secret the individual data enabling the Client to log in to their Account.
6. Furthermore, the Client agrees that the Service Provider presents their name, business name, or logo in marketing materials, in particular in prepared case studies.
7. It is not permitted for the Client to violate – whether culpably or not – the generally applicable law or the provisions of the Terms and Conditions and not to comply with the rules of social co-existence or good manners with respect to the use of the Services; otherwise, the Service Provider may terminate the Terms and Conditions with immediate effect and remove the Client’s Account.
8. By using the Services, the Client may also not violate any rights, in particular copyrights, industrial property rights, or personal interests, of third persons. Otherwise, the Service Provider may terminate the Terms and Conditions with immediate effect and remove the Client’s Account. The Service Provider neither controls nor monitors the Client’s activities during the use of the Service. However, where it suspects or becomes aware that the Client is engaging in prohibited practices, the Service Provider reserves the right to block all or part of the Services, at its sole discretion. Where the violations have been significant or repeated, the Service Provider may terminate the Terms and Conditions with immediate effect and remove the Client’s Accounts.
9. The Client is liable for all information, data, audio files, and other materials, any databases or information collected in the instantcall Application systems that are created, stored, or transmitted by means of the Service (Content). This liability also applies to the Content that consists in links to websites and resources or other services used by the Client.
10. The Service Provider does not claim any rights to the Content and assumes that the rights to the Content are held exclusively by the Client.
11. Upon transmitting or otherwise making available Content belonging to third parties, the Client is obliged, irrespective of their obligations under the Terms and Conditions, to comply with the Terms and Conditions of the service provision, license conditions, or regulations specified by the relevant entities.
12. The Service Provider allows the Content to be exported from its own servers to the Client’s data carriers (e.g. recorded on a hard drive). In connection with the foregoing, the Client acknowledges that any liability of the Service Provider for the protection of the confidentiality and integrity of the Content applies only to the Content located on the Service Provider’s servers and only during the time it was located there.
13. The Service Provider is not liable for the Client’s compliance with consumer or personal data protection laws. The Client acknowledges that the infrastructure of the instantcall Application is not an indication or guideline as to compliance of the Service provision with the law, in particular the consumer laws and the GDPR. If the Client finds that a functionality of the instantcall Application does not meet the requirements of the law, in particular the GDPR, they are obliged not to use such functionality.

8. Intellectual Property
1. The Service Provider is the owner of all rights to the instantcall Application and the content appearing on www.instantcall.io (in particular copyright works, such as software, graphics, button icons, texts, images, trademarks, video clips).
2. The Client is not entitled to use in any manner, in whole or in any part, any intangible property rights to works, trademarks, and signs belonging to the Service Provider, except where their use results from a specific nature of the Service, in particular marking widgets with the text “powered by instantcall.”

9. Term and Expiration of the Terms and Conditions
1. The Terms and Conditions is concluded for an unlimited period of time, and the Pricelist and an Order determine the length of the Settlement Period.
2. The Client may terminate the Terms and Conditions at any time, with the effect as at the end of the Settlement Period.
3. In the event of termination of the Terms and Conditions, the Service Provider is obliged to enable the Client to transfer the created and stored Content and databases.
4. In order to terminate the Terms and Conditions, the Client has to submit an Terms and Conditions termination notice by using the form available within the Account or sending it to the email address support@instantcall.io.
5. The Service Provider is entitled to terminate the Terms and Conditions with the Client with immediate effect, at any time, without providing a reason and without any notice periods. In such case, the right to the Service will terminate immediately and the Service Provider will refund to the Client the part of the fee for the period during which the Service will not be provided.
6. The Service Provider reserves the right to terminate the Terms and Conditions with immediate effect, to block the Service as a whole or in part, and to refuse to provide the Service to the Client in the future if the Client commits a gross violation of any of the provisions of the Terms and Conditions.
7. Expiration of the Terms and Conditions does not automatically release the Client from the obligation to pay any due debts and fees charged for the use of the Service by the Client until the expiry of the Terms and Conditions.
8. In the event of termination or expiration of the Terms and Conditions, the Client is not able to use any Services provided against charge. The Client may cancel the Account by means of its functionalities.

10. Client Service and Complaints
1. The Client may contact the personal advisors assigned to them, by e-mail, chat, or phone, save for statutory holidays under Spanish law.
2. In order to make a complaint about the Service, the Client should provide in the complaint at least the name of their Account and a detailed description of the defect hindering or preventing the use of the Service.
3. The complaint will be considered by the Service Provider within 7 business days from its submission. If the problem is imprecisely described, the Service Provider may request that the complaint be made more specific, in which case the above mentioned period will run from the date on which the complete and precise complaint is submitted.
4. If the Service Provider fails to respond in the aforementioned term, the complaint is deemed recognized.
5. As part of a recognized complaint, the Service Provider may refund a part of the monthly fee for the use of the Service or reduce the fees in subsequent months, in proportion to the time during which the use of the Service was hindered or impossible.
6. A complaint considered in line with these Terms and Conditions will not be considered further or reconsidered by the Service Provider.

11. Liability
1. The Client acknowledges that the Service Provider offers the Service “as is” and, therefore, makes no warranties of any kind, whether implied or express.
2. The Client is solely liable for the use of the Service. The Client is liable for all Content uploaded and conversations conducted during the use of the Service.
3. The Service Provider will not be liable for suffered damage (in particular, loss of data by the Clients) caused by:
fortuitous events, Force Majeure,
interference by third parties (including the Clients), primarily in connection with the use of the Account by third parties who obtained the login data to the Client’s Account by the decision of the Client or in other situations beyond the Service Provider’s control,
malfunction of other systems or external factors (such as telecommunication networks), where the defects are beyond the Service Provider’s control,
failure to comply with the provisions of the Terms and Conditions accepted by the Client,
effects of integration of the instantcall Application with other applications or external services,
the Client’s data presented during registration that are erroneous or inconsistent with the factual circumstances.
4. An event of Force Majeure is defined as an external, extraordinary, and unpredicted event, for instance, without limitation, circumstances such as war, natural disasters, strikes, breakdown, DDoS attack, or other occurring disruptions in the functioning of the telecommunications network and teleinformatic infrastructure, as well as extraordinary state and administrative actions, as well as actions of entities affecting the provision of services by the Service Provider.
5. The Service Provider will not be liable for any damage (direct or indirect) that result from the loss of the Client’s files and personal data stored on the Service Provider’s servers.
6. The Service Provider will not bear any liability for indirect damage not attributable to it or for the Client’s lost profits or damage caused by unintentional fault.
7. The Service Provider’s liability, irrespective of the number and basis of the Client’s or third party’s claims, will be limited to the total amount paid by the Client for the Service during one month immediately preceding the date on which the claims are raised against the Service Provider. By concluding these Terms and Conditions, the Client releases the Service Provider from any financial liability in excess of the abovementioned limit.

12. Amendment to the Terms and Conditions
1. The Service Provider may amend these Terms and Conditions, in particular due to material reasons, whether legal (amendment of the generally applicable law or change of the organisational form of the Service Provider) or technical (modernisation of the Services, change of the operation manner of the instantcall Application and the Services).
2. The Clients will be notified of any amendment of the Terms and Conditions along with the scope of the introduced amendments via e-mail sent to the address at which the Account is registered, 15 (fifteen) days before the new Terms and Conditions come into effect (“Notification Term”).
3. The Client may terminate the Terms and Conditions within the Notification Term upon 15-day termination notice, calculated from the receipt of the notification. If the Client fails to terminate the Terms and Conditions within the Notification Term, then the Client is deemed to have accepted the Terms and Conditions in their amended wording without reservations, and becomes bounded by them upon the lapse of the last day of the Notification Term. In the event of termination of the Terms and Conditions, the unamended Terms and Conditions will apply until the end of the Notification Term.
4. At any time after receiving the notification, the Client may, by means of a written statement or express confirmatory action, resign from the Notification Term.
5. The Service Provider may introduce amendments to the Terms and Conditions with immediate effect, without observing the Notification Term, where:
it is subject to a legal or regulatory obligation under which it is obliged to amend the Terms and Conditions in a manner preventing it from meeting that notification term;
it is required, by way of exception, to amend the Terms and Conditions so as to counteract an unpredicted and direct threat connected with protection of online agency services, consumers, or the Clients against frauds, malware, spam, data breaches, or other cybersecurity threats.
Any cases initiated and not concluded before the Terms and Conditions were amended will be subject to the provisions of the Terms and Conditions in force at that time.

13. Disclaimer
1. While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. We will develop and operate the Website with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware, however, the Website, all materials, information, software, products and services included in or available through the Website is provided on an “as is” and “as available” basis for your information and personal use only without any representation or endorsement and we do not guarantee that access to the Website will be uninterrupted or error-free.

2. To the fullest extent permitted by the applicable law, we disclaim all warranties or conditions, either express or implied, or any part of them in relation to the Website, all materials, information, software, products or services offered on the Website whether by us or on our behalf, and in relation to any results or information obtained through the Website and any reliance on any such results or information and conclusions drawn from such results or information. You acknowledge and agree that in accepting these Terms you have not relied on any representation or warranty that is not expressly included in these Terms and you agree that you shall have no remedy in respect of any misrepresentation which has not become a part of these Terms.

3. To the fullest extent permitted by applicable law, we disclaim all warranties, representations, conditions and duties of any kind, whether implied or expressed, including without limitation, any warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.

4. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the timeliness, security, performance or privacy of the Website and any information provided to or taken from the Website by you.

14. Governing law and jurisdiction
1. This interpretation, formation and operation of the Terms and all non-contractual obligations arising from or connected with them shall be governed by and construed in accordance with, and all disputes between the parties arising out of or in any way relating to the Terms or any disputes between the parties in any way connected with the subject matter of these Terms and Conditions (whether contractual or non-contractual) shall be governed by, the laws of Spain.
2. Each of the parties submits to the exclusive jurisdiction of the Spanish Courts.
3. Nothing contained in the Terms and Conditions shall limit our right to bring enforcement proceedings in another jurisdiction or to seek interim, protective or provisional relief in the courts of another jurisdiction.

15. Final Provisions
1. Any statements exchanged between the parties in the course of the use of the Service are provided electronically to legal@instantcall.io
2. The Client has the possibility of transferring the rights and obligations under these Terms and Conditions, provided that there are no outstanding receivables of the Service Provider from the Client, upon the consent of the Service Provider. Such consent may also be given by e-mail.

3. Governing Law: the Terms and Conditions shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of laws principles.
4. Entire Agreement: the Terms and Conditions serves as the complete and exclusive agreement between the parties, prevailing over any and all previous agreements, understandings, whether written or oral, and representations.
5. Any matters not determined in the Terms and Conditions are subject to the generally applicable provisions of Spanish law. Any disputes arising between the Service Provider and the Client will be submitted for the judicial resolution to the common court having local jurisdiction over the Service Provider’s registered office.
6. To the extent that the Service Provider is the Processor of the personal data of the Client, the Data Controller, and members of their team indicated in the Account, the instantcall Privacy Policy, available here: https://instantcall.io/privacy-policy/, is applicable.

The Terms and Conditions in the foregoing version are effective as of 9th of March 2023.