Owner and Data Controller
Tehnološki park 21
Owner contact email: [email protected]
Using the Website and Services
Both private and business use of the InstaText (free) service are free of charge. However, forwarding our services to third parties for payment is strictly prohibited. InstaText d.o.o. is entitled to modify (e.g. reduce, restrict, or expand) its free online services at all times and at its own discretion. Such modifications shall not affect the validity of the following terms and conditions.
Services also include, but are not limited to, the InstaText Browser Extension and the Microsoft Add-in.
Use of any internal APIs without written permission from InstaText d.o.o. is strictly prohibited.
InstaText d.o.o. does not assume any liability for the accuracy of the offered text improvements nor for the availability of the service.
All rights regarding the software developed to enable these online services, the underlying databases, the underlying algorithms, and all other content are held by InstaText d.o.o. insofar as further authors and copyright holders are not explicitly named.
InstaText Pro – Terms and Conditions
Owner and Data Controller
Tehnološki park 21
Owner contact email: [email protected]
InstaText d.o.o., Tehnološki park 21, 1000 Ljubljana, Slovenia (“InstaText”) specialises in machine text improvement services and provides the online text improvement service instatext.io.
Customer wishes to utilize InstaText’s text improvement services in its own software products and/or for other business purposes. In order to allow Customer to make use of the services, Customer is granted access to the InstaText application programming Interface (“API”) and to an extended version of the InstaText web text improver in accordance with and to the extent of these Terms and Conditions. The improvement services also include, but are not limited to, the InstaText Browser Extension and the Microsoft Add-in.
We will refer to the paid InstaText services (e.g. InstaText One, InstaText Business, InstaText Scholar) under a common name “InstaText Pro”.
These InstaText Pro License Terms and Conditions (“Terms and Conditions”) are available at https://instatext.io/terms-and-conditions/ and can be downloaded and printed by the Customer.
1.1 “API“ refers to the Application Programming Interface provided by InstaText to the Customer as set out in the Service Specification and the Documentation provided by InstaText.
1.2 “Web-Text-Improver” refers to an extended version of the InstaText web text improver which provides the Customer with a web interface to the text improvement services in accordance with the Service Specification.
1.3 “API Response” refers to the API’s response to Customer’s Requests.
1.4 “API Request” refers to an HTTP request transmitted by the Application to the API.
1.5 “Application” refers to the software or service developed by or on behalf of the Customer which utilizes the API.
1.6 “Business Days” are Monday through Friday, excluding public holidays in Slovenia.
1.7 “Characters” shall have the meaning as set out in the definition for “Number of Characters”.
1.8 “Content” refers to text sent by the Customer to the API and the Web-Text-Improver as specified in the Service Specification in order to have it processed by the machine text improver infrastructure operated by InstaText.
1.9 “Documentation” refers to an electronic documentation of the requirements and functionality of the API provided to the Customer in English language.
1.10 “End Users” refers to the users of Customer’s Application.
1.11 “Number of Characters” refers to the number of characters of the Content transmitted to the API based on the used character encoding. For the avoidance of doubt, multi-byte encoded characters shall count as single character.
1.12 “Processed Content” refers to any Content that has been processed using the API or the Web-Text-Improver.
1.13 “Service Specification” refers to the specification of the API and the web text improver as agreed upon conclusion of this Agreement.
2 Subject and Conclusion of the Agreement
2.1 Subject to these Terms and Conditions and the Service Specification, InstaText provides Customer with access to the API and Web-Text-Improver in accordance with the Service Specification and the applicable Documentation for the duration of this Agreement.
2.2 Customer pays to InstaText the remuneration agreed upon conclusion of the Contract.
3 Services of InstaText
3.1 InstaText provides the Customer with access to the API and Web-Text-Improver (together “the Services”) within the term and scope of this Agreement, including the Service Specification, and will provide Customer with respective access credentials for the API.
3.2 The API allows Customer to use the technical infrastructure for machine text improvement operated by InstaText by means of transmitting Content to the technical infrastructure. InstaText shall process the Content in accordance with this Agreement, the Service Specification and the Documentation. However, InstaText is neither obligated to ensure nor warrants correctness or accuracy of API Responses or Processed Content. In particular, InstaText does not give any guarantee regarding the correctness of the text improvements created by the machine text improvement system.
3.3 The Web-Text-Improver provides Customer an enhanced web interface to use the InstaText text improvement service as set out in the Service Specification, providing means to improve texts in a web browser.
3.4 The license to use the Web-Text-Improver is a single-user license, i.e. the access credentials for the Web-Text-Improver can be only used by one person. The same person can use the access credentials on multiple computers. If the Customer wishes to provide the Web-Text-Improver for use to more than one person, multiple single-user licenses must be purchased or a team multi-user license must be purchased.
3.5 The license to use the API is a single-user license, i.e. the access credentials for the API can be only used by one person. The same person can use the access credentials on multiple computers. If the Customer wishes to grant access to use the API to more than one person, either multiple single-user licenses or a team multi-user license must be purchased.
3.6 InstaText will only store Content on its servers to the extent technically required to provide its services. Customer’s Content will neither be perpetually stored on InstaText’s servers nor returned to the Customer. For the avoidance of doubt, InstaText shall be entitled to create and retain access logs for billing, security and statistical purposes. Such access logs shall not contain any of Customer’s Content. However, access logs may contain meta data of API Requests such as time of the API Request and size of the transmitted Content.
3.7 InstaText may, in its sole discretion, provide the Customer with software development kits or code samples (hereinafter jointly referred to as “Code Samples”). Code Samples are provided free of charge and are excluded from the paid services provided by InstaText. Code Samples are provided in electronic form and can be downloaded from a dedicated website. InstaText is not obligated to continue development of Code Samples or to keep Code Samples functional or available at all times. Code Samples are not suited for any use in production environments and are provided for educational purposes only.
3.8 InstaText reserves the right to add additional features to the Services at any time. Furthermore, InstaText may change, limit or remove existing features for reasons of data security, technical necessities or due to changes in applicable law, provided that the change, limitation or removal is reasonable for the Customer in consideration of the interests of both Parties. InstaText shall inform the Customer of such changes in due time in writing (e-mail sufficient).
3.9 Particularly in view of the on-going development of the API, InstaText may introduce new versions of the API with an additional or different range of features. Furthermore, InstaText may terminate deprecated versions of the API provided that the termination is reasonable for the Customer in consideration of the interests of both Parties. InstaText shall inform the Customer of such termination in due time in writing (e-mail sufficient).
3.10 Further services, including but not limited to consulting, individual development, or implementation or training services, shall only be owed by InstaText upon express written agreement.
3.11 InstaText is entitled to commission third parties to fulfil its contractual duties in whole or in part.
4.1 InstaText shall provide an annual average of 97% availability for the API and the Web-Text-Improver, subject to different agreements in the Service Specification or separate written agreements with the Customer. The agreed availability excludes planned maintenance work as well as service interruptions which are beyond InstaText’s control, including but not limited to short-term and undue increase in the number of API Requests by the Customer which requires an unplanned increase in system capacity.
4.2 Availability shall be calculated as the number of hours the services of the API and the Web-Text-Improver are functional, divided by the total number of hours within the respective calendar year.
5 Conclusion of the Contract
5.1 A contract regarding InstaText’s services under this Agreement can be concluded by providing an email address and a password and then entering a billing address and payment information. After that, a summary of the order will be displayed for review. If the Customer clicks on the button “Buy now” the contract is concluded when the subsequent page loads successfully and a subscription number is provided.
5.2 InstaText reserves the right to reject Customer requests to conclude a contract. In this event, InstaText will display a respective message during the buying process, at latest when the Customer has clicked the button “Buy now”. In particular, InstaText rejects contracts with Customers providing machine text improvement services, including but not limited to Grammarly Inc., .38 Long LLC (Hemmingswayapp), Amazon.com, Inc., Microsoft Corporation, Google LLC, Alphabet Inc., Apple Inc., Facebook Inc., and their subsidiaries.
5.3 Until clicking the button “Buy now” (or a comparable one), the Customer can change or abort the order at any time.
5.4 InstaText provides the Customer with a free trial for selected products.
5.5 InstaText shall provide its services immediately after conclusion of the contract.
5.6 The contract can be concluded in English language.
6 Copyright and Intellectual Property
6.1 InstaText grants the Customer a non-exclusive, non-transferable, non-sublicensable worldwide right to use the API and the Web-Text-Improver for its intended purpose within the term and scope of this Agreement.
6.2 InstaText grants the Customer a non-exclusive, non-transferable, non-sublicensable worldwide right to use the provided Documentation and support materials within the term and scope of this Agreement, in particular, to reproduce them and provide them to employees or contractors to the extent required for the intended use of the API.
6.3 InstaText grants the Customer a non-exclusive right to use the provided Code Samples for educational and internal development purposes without restriction in regard to time or location, in particular to reproduce the Code Samples and provide them to employees or contractors, to modify and create derivative works of the Code Samples and to use, sub-license or distribute such derivative works without limitation.
6.4 All rights regarding Customer’s Content remain with Customer. However, Customer grants InstaText the non-exclusive worldwide right to use the Content solely in order to provide InstaText’s services to the Customer. In particular, Customer grants to InstaText the right to temporarily store, modify, process, translate and transmit the Content, and to sublicense the foregoing rights to its subcontractors, to the extent required to provide the services set out in this Agreement.
7 Obligations of the Customer
7.1 Customer is solely responsible for the implementation of the API as well as the installation, operation and maintenance of its Application, including compliance of its Application with all applicable laws, regulations and other third party requirements.
7.2 Customer is responsible to comply with all technical requirements set out in the Service Specification and the Documentation. In particular, Customer must ensure that any Content is transmitted to the API in a valid data format and data encoding.
7.3 Customer may use the API and the Web-Text-Improver solely for the purpose agreed between the Parties. In particular, Customer may not, and will not allow third parties to use the API and the Web-Text-Improver, improvements created using the API and the Web-Text-Improver, Documentation or other data, information or service provided by InstaText unless expressly authorised by InstaText in written form
a) in connection with or for the purpose of operating critical infrastructure such as electrical power stations, military or defence equipment, medical appliances or other equipment whose failure or impairment would result in unforseeable economical or physical damages, including but not limited to critical infrastructure in terms of the European Directive 2008/114/EC;
b) for any illegal activities, including development of any Applications infringing any third-party rights or any other applicable laws or regulations;
c) for spamming or any other unsolicited advertising;
d) to perform benchmark or other capacity testing of InstaText’s technical infrastructure;
e) to create a similar product, service or API whose primary purpose is to provide machine text improvement services;
f) to develop, market or train a machine text improvement algorithm;
g) to transmit any data to InstaText which may not be transmitted to or processed by InstaText due to data protection laws, contractual or statutory confidentiality obligations, export restrictions or other statutory provisions or third-party rights.
7.4 Unless expressly agreed upon otherwise, Customer must disclose to End Users of an Application that any Processed Content displayed to the End Users without manual modification of Customer has been created using the InstaText API by either displaying the logo or the brand name (including the domain) of InstaText. However, Customer must not express or imply that InstaText is responsible for the Processed Contents or that Customer acts on behalf of InstaText.
7.5 Unless expressly agreed upon otherwise, access credentials may only be used for one Application at the same time. However, Customer may use the same access credentials for development, testing and production versions of the same Application.
7.6 In the event that Customer uses the API within an Application which is distributed on third-party platforms (e.g. mobile apps), it is Customer’s sole responsibility to comply with any and all requirements and terms of service of such third-party platforms.
7.7 Customer is obligated to keep the access credentials provided by InstaText secure, and undertakes not to disclose them to any third parties unless required for the contractually intended and permitted use of the API and the Web-Text-Improver. In particular, Customer is not entitled to repackage or resell access credentials or its access to the API or the Web-Text-Improver to any third parties unless expressly agreed upon otherwise. In the event that a disclosure of access credentials to third parties is required for the contractually intended use of the API, Customer is solely responsible to take adequate and effective precautions to protect the access credentials from misuse or unauthorised access. In particular, access credentials may not be stored in configuration files in plain text and may not be transmitted over unencrypted public network connections.
7.8 Customer is obligated to adhere to any security precautions, functional and other limitations of the API. In particular, the Customer must not bypass, remove, defeat, avoid, deactivate or otherwise circumvent protection or authentication mechanisms or misuse API methods for purposes other than those intended or expressly documented.
7.9 To the extent reasonable and technically possible, Customer must take precautions during the implementation of the Application using the API to ensure that Customer’s Application will continue to work properly even if the API is not available, whether caused by InstaText’s or Customer’s fault.
7.10 Customer must immediately inform InstaText if there are reasons to expect a significant increase in the number of API Requests for reasons such as an extraordinary surge in End Users, unusual marketing, promotions or other campaigns.
7.11 If InstaText provides a new version of the API, Customer shall implement the new version of the API into its Application within a reasonable period of time from the announcement of the new API version, considering the extent of the changes, usual development time in the industry and the justified interests of the Customer, including the individual capacities of the Customer.
7.12 Customer is obligated to observe all legal requirements for the collection, processing and use of data which is transmitted to and processed by InstaText for the Customer in connection with the provision of its services under this Agreement. In particular, Customer shall immediately inform InstaText if Customer intends to transmit personal data to InstaText using the API. Customer guarantees not to collect, process or use any personal data in connection with the API without the express consent of the data subject or sufficient other legal authorisation. InstaText will reasonably co-operate with Customer in order to assist Customer in implementing such required legal authorisations.
7.13 Customer shall indemnify InstaText from any and all third-party claims including the necessary expenses for legal defence, asserted against InstaText due to a culpable violation of this Agreement by Customer. If third parties should assert such claims against InstaText, InstaText shall inform the Customer about the asserted claims without undue delay and leave the defence at the discretion of the Customer or undertake it in cooperation with the Customer. InstaText shall not settle or recognise claims of third parties without Customer’s consent. InstaText shall be entitled to request a reasonable advance for the incurred legal defence expenses to be anticipated. The indemnification shall accordingly apply to fines or other regulatory or judicial orders and claims.
7.14 For products allowing API usage, the Customer may utilize the API key only within allowed products, as per the product’s description.
8.1 Customer shall pay the base remuneration as well as the usage-based remuneration as agreed upon conclusion of the Agreement.
8.2 Requests shall be billable in terms of Section 8.1 if (i) the API Request has been successfully transmitted using the API and (ii) there has been a valid API Response in accordance with the Documentation. Server errors shall be deemed as valid API Response only if they occur due to failures on the Customer’s side, including the use of incorrect, incompatible or insufficient Content or other use of the API which does not comply with the technical requirements set out in the Service Specification or Documentation provided by InstaText. Texts entered into the Web-Text-Improver shall be billable in terms of Section 8.1 if improved and displayed in the Web-Text-Improver.
8.3 All amounts are understood to include VAT.
8.4 For products with a fixed base remuneration, the remuneration is due at the beginning of each billing period.
8.5 For new customers signing up for the InstaText Pro API plan, if, in the first billing period, the Customer’s usage reaches a total of 50 EUR, InstaText reserves the right to charge the credit card provided by the Customer immediately. This serves as a guarantee of payment and occurs only in the first billing period: Subsequent billing occurs at the end of each billing period, unless the base price and usage costs reach a total of 500 EUR (see Section 8.6).
8.6 For products with a variable remuneration, the base remuneration and usage-based remuneration is due at the end of each billing period, as long as it does not exceed EUR 500.00. Base and usage-based remuneration is due in steps of EUR 500.00 which will be charged from Customer’s credit card once the amount is reached. Any remaining amount and any amount below EUR 500.00 is due at the end of each month. Customer will receive a monthly invoice on the overall monthly remuneration paid.
8.7 InstaText reserves the right to suspend Customer’s access to the API if any due remuneration cannot be charged from Customer’s credit card and Customer has not paid the due remuneration within 3 Business Days upon written notice by InstaText (email sufficient). InstaText shall inform the Customer of an impending suspension at least 3 Business Days in advance. InstaText will restore access without undue delay, at least within 3 Business Days, if all outstanding debts have been paid. If the due remuneration which cannot be charged exceeds twice the total value of charges successfully paid by the Customer to InstaText in before, InstaText reserves the right to suspend the account immediately, informing the Customer immediately about the suspension (email sufficient).
9 Term and Termination of this Agreement
9.1 The Agreement is concluded for an indefinite period of time. Each Party may terminate the Agreement at any time with effect to the end of the current billing period.
9.2 The statutory right of termination for good cause remains unaffected.
9.3 InstaText reserves the right to restrict or suspend API features for other reasons than those specified in Section 3.5. In such case, InstaText shall inform the Customer of the proposed changes with two months’ prior notice in writing (e-mail sufficient). Furthermore, InstaText shall grant the Customer a reasonable period of at least two (2) months to declare whether or not Customer accepts the proposed changes. If Customer does not give any notice within this period, which shall commence running from the receipt of the notification, the proposed changes shall be deemed as agreed. InstaText shall inform the Customer of to this legal consequence, i.e., the right of objection, the objection period, and the implications of remaining silent.
9.4 In the event of a severe, persisting, imminent or repeated material breach of these Terms and Conditions, in particular an obligation set forth in Section 6, InstaText shall be entitled to temporarily suspend Customer’s access to the API upon prior written notice (e-mail sufficient). Notwithstanding further rights under this Agreement, InstaText shall restore access within a reasonable period of time if the breach does not continue, is no longer imminent, or the Customer has provided a binding statement that the breach will not be repeated.
9.5 In case the user violates the restrictions on using the InstaText API key in certain types of products (point 7.14), utilizes products with unlimited usage in a way in which they were not intended to (e.g. accessing the Web-Text-Improver in a programmatic way) or allows more users to utilize products than licensed, InstaText reserves the right to disable the access and cancel the Agreement with immediate effect. In this case, the Customer will be refunded fees already paid proportionally.
9.6 Within the free trial period, the Customer is allowed to terminate the Agreement at any time with immediate effect.
10 Right to withdraw from the contract
10.1 If the Customer cancels a paid account, the cancellation will take effect the day after the last day of the current subscription period, and the account will be downgraded to the free version of the service. We do not provide refunds or credits for any partial subscription periods. The Customer can cancel the paid account at any time via their account page or by contacting our support team. Their subscription will continue until its expiration date and there will be no further charges.
11.1 If the Customer is a consumer in terms of Slovenian Civil Code, Customer is entitled to the statutory warranty rights.
11.2 If Customer is an entrepreneur in terms of Slovenian Civil Code InstaText only assumes liability for faults in the API and the Web-Text-Improver to the extent set out in the following provisions.
11.2.1 If the services for the API or the Web-Text-Improver provided by InstaText are defective, InstaText shall provide an improved or new service of its choice within a reasonable time as of receiving a written complaint from the Customer. If third-party software which InstaText has licensed from third parties is being used, procurement of publicly available upgrades, updates or patches shall be deemed sufficient.
11.2.2 Customer may reduce the agreed remuneration by a suitable amount if for reasons attributable to InstaText, the proper provision of services is not assured within a reasonable period of time set by Customer. The right to reduction is limited to the part of the services which is defective as compared to the monthly remuneration.
11.2.3 If the reduction as per Section 11.2.2 continues for two consecutive months, or in two months of a quarter, Customer may terminate the Agreement without notice.
11.2.4 Customer shall immediately inform InstaText of any occurring defects in writing (e-mail sufficient).
11.2.5 Customer shall assist InstaText in rectifying the defects free of charge, in particular by providing InstaText with all required documents, data and other information required to analyse and correct the defects.
11.3 With respect to the provision of free additional services, InstaText shall be solely liable for defects if InstaText has maliciously concealed (“arglistig verschwiegen”) the defects.
12 General Liability
12.1 Notwithstanding Section 11 InstaText is liable in accordance with the following provisions.
12.2 InstaText is liable for deliberate acts and gross negligence as well as for bodily injury, death or harm to health.
12.3 In the case of slight negligence, InstaText assumes liability for violating significant contractual obligations. A significant contractual obligation in the sense of this Section is an obligation which is required to make the performance of this Agreement possible in the first place and which the other party can reasonably rely upon to be fulfilled.
12.4 In the case of Section 12.3, InstaText assumes no liability for lack of commercial success, lost profits and indirect damages.
12.5 Liability pursuant to Section 12.3 above is limited to typical and foreseeable damages at the time this Agreement enters into legal effect.
12.6 If Customer is an entrepreneur in terms of Slovenian Civil Code the Parties agree that the typical and foreseeable damage per year is limited to the annual amount payable by Customer.
12.7 Liability limitations apply accordingly to the benefit of employees, contractors and assistants of InstaText.
12.8 Any liability of InstaText for guarantees (which must be expressly designated as such in order to be deemed guarantees in the legal sense) and for claims under the Slovenian Product Liability Act remains unaffected.
12.9 Any further liability is excluded.
These Terms and Conditions shall be amendable by a commensurate agreement as follows: InstaText shall convey the modified terms and conditions prior to the planned entering into effect in the text-form and shall separately note the new provisions as well the date of the planned entering into effect. At the same time, InstaText shall grant the Customer a reasonable period of at least two (2) months in length to declare whether or not it shall accept the modified terms and conditions of use for the further provision of the services. If no declaration is made within this period, which shall commence running from the receipt of the notification in text-form, the modified terms and conditions shall be deemed as stipulated. InstaText shall separately advise the Customer at the commencement of the notice period as to this legal consequence, i.e., the right of objection, the objection period, and the implications of remaining silent.
14 Complaints Procedure
The EU Commission provides an online platform for online settlements (OS platform). It can be accessed at https://ec.europa.eu/consumers/odr/. InstaText is neither willing nor obliged to participate in a dispute settlement proceeding before a consumer arbitration board.
15 Final Provisions
15.1 Terms and conditions of the Customer shall not be part of this Agreement, unless InstaText has expressly agreed in written form.
15.2 Amendments to this Agreement and any side agreements, including the Service Specification, the main body of this Agreement and any potential appendices, must be in written form. This also applies to a waiver of this written form clause.
15.3 Customer may only settle claims against InstaText or claim a right of retention if its counter claim is uncontested, subject of a legally enforceable final judgment or the counter claim is in a mutual relationship to the respective affected claim.
15.4 This Agreement shall be exclusively governed by the law of the Republic of Slovenia and conflict of law provisions. In the event that the Customer is consumer in terms of Slovenian Civil Code, mandatory statutory consumer regulations according to the law of the country where the consumer has his habitual residence shall remain unaffected.
15.5 The exclusive legal venue for all disputes resulting from or in connection with this Agreement is Ljubljana, provided that the contracting parties are business people, or that the Customer has no general legal venue in Slovenia or in another EU Member State, or its permanent residence has moved to a foreign country after these conditions of use have entered into effect, or the residence or habitual domicile is not known at the time that the complaint was filed.
Last modified: 19th April 2019
InstaText: Technical Specification
1 InstaText (free) Web-Text-Improver
The InstaText (free) Web-Text-Improver is available as a free plan with an initial learning period. It provides a website that customers can access with their credentials. The website allows the user to enter text and receive their machine text improvements. The text improvements are stored only for as long as it takes to create and return the improvement to the free trial user.
2 InstaText API
The InstaText API is accessible through a REST interface. Request parameters are used to pass information to the API, results are returned in a suitable representation (e.g. JSON). Request parameters must be encoded in accordance with the documentation. Authentication is based on fixed keys, SSL handling transport security. The improve function provides the following functionality:
Text to be improved. Only plain text encoded in accordance with the documentation is supported.
Language of the text to be improved. Currently, the following languages are supported:
If this parameter is omitted, the API will make efforts to detect the language of the text.
The improvement function returns the following representation of the processing result:
The language which has been detected for the input text.
The improved text.
The InstaText API is designed to improve up to 4096 characters per minute and per customer; exceeding use may be limited and customers may encounter a 429 “Too Many Requests” error message, as described in the documentation.
Applications using the API should implement a mechanism to handle such responses accordingly and, if appropriate, to try again later. A mechanism increasing the delay for another request exponentially is recommended.
3 InstaText Pro Web-Text-Improver
The InstaText Pro Web-Text-Improver offers a web page accessible by the customer using his InstaText Pro access credentials. The web page allows to input texts and receive their machine text improvements. As the InstaText Pro Web-Text-Improver uses the InstaText API for text improvement, it supports the set of languages as described in Section 1.
Within the InstaText Pro Web-Text-Improver, Customer’s texts and their text improvements are kept only as long as necessary to create the improvement and return it to the Customer, as described in point 3.6 of the Terms and Conditions.
Unless a subscription contains characters limits, the limitation is the so-called “fair use”. Fair use includes a reasonable number of devices and sufficient characters for personal and professional writing. This product is not intended for people who produce extreme volumes of content. All individual licences are issued on a per person basis. Sharing a licence among multiple people is strictly prohibited. Contact Support if you would like to transfer the unused portion of the subscription period to a new user.