Terms of Service

1. Agreement to these Terms

These Terms incorporate our Privacy Policy, Refund Policy and Acceptable Use Policy (together, the “Policies”). If you use the Service on behalf of a company or other organisation, you confirm that you are authorised to bind it to these Terms, and “you” refers to that organisation as well as to you.

If you do not agree to these Terms, do not use the Service. This document is an electronic record under the Information Technology Act, 2000 and the rules made under it, and does not require a physical or digital signature.

2. Eligibility and accounts

• You must be at least 18 years old, or the age of majority where you live, and capable of entering into a binding contract under the Indian Contract Act, 1872 or the laws applicable to you.
• You must give accurate registration details and keep them up to date. You are responsible for keeping your password confidential and for all activity under your account. Tell us immediately at support@instadatahelp.com if you suspect unauthorised access.
• One person may not maintain multiple free accounts to obtain additional welcome credits. We may merge, limit or close accounts created to abuse promotions.
• You may not use the Service if you are barred from doing so under the laws of India or any other applicable jurisdiction, including sanctions laws.

3. The Service

InstaStudio is a web application that lets you generate and edit images, videos, audio, avatars and related media (“Outputs”) by sending your prompts and uploaded files (“Inputs”) to AI models operated by us or by third-party model providers. The Service also includes agents that plan and assemble multi-step productions, a video editor, a gallery, sharing features and team workspaces.

AI models are probabilistic. Outputs may be inaccurate, unexpected, similar to outputs generated for other users, or unsuitable for your purpose. You are responsible for reviewing Outputs before you rely on or publish them. We may add, change, re-price or retire models and features at any time; where a change materially reduces what you paid for in an active plan period, you may request a pro-rata refund under the Refund Policy.

4. Credits, plans and payments

4.1 Credits

• The Service is paid for with credits (“Credits”). Each generation consumes Credits according to the model, settings (for example resolution, duration and number of outputs) and the price shown in the Service at the time you run it.
• Before each generation the Service shows an estimate. When you start a job we reserve (debit) the estimated Credits. If the job fails because of a model-provider or internal error, the reserved Credits are refunded to your balance automatically.
• Credits are a prepaid licence to use the Service. They are not money, have no cash value, are not transferable between workspaces or users, and cannot be sold, exchanged or redeemed for cash, except as expressly set out in the Refund Policy.
• Welcome credits and promotional credits are granted at our discretion, may carry their own conditions and are not refundable.

4.2 Plans

• Plans (Basic, Pro, Max and Team) are prepaid for a period of 30 days from the date of payment and do not renew automatically. At the end of the period your workspace reverts to the Free plan unless you purchase another period.
• Each plan period adds the plan’s Credit allowance to your workspace. Unused plan Credits roll over from period to period for as long as any paid plan is active on the workspace. If no paid plan is active, unused plan Credits may lapse at the end of the last paid period.
• Team plans are priced per seat. Credits for all seats are pooled in the team workspace.
• Feature availability by plan is described on our Pricing page and may change for future periods.

4.3 Credit packs

Credit packs are one-time purchases that add Credits to your workspace. Pack Credits do not expire while your account remains open and in good standing.

4.4 Prices, taxes and payment processing

• Prices in Indian Rupees (INR) include Goods and Services Tax (GST) at the applicable rate. We issue a tax invoice for each INR purchase; if you need your GSTIN on the invoice to claim input tax credit, add it at checkout where offered or email us before the end of the month of purchase.
• INR payments are processed by PayU Payments Private Limited (UPI, cards, net banking and wallets). International payments in US Dollars are processed by Stripe. USD prices exclude any taxes, duties or currency-conversion fees charged by your bank or required in your country.
• We do not receive or store your full card or bank details; they are handled by the payment processor under its own terms and PCI-DSS controls.
• Credits are added once the processor confirms a successful payment. If a payment is reversed, charged back or found to be fraudulent, we may deduct the corresponding Credits (which may result in a negative balance) and suspend the account until resolved.
• We may change prices for future purchases at any time. Changes do not affect a plan period you have already paid for.

5. Refunds

Failed generations are refunded in Credits automatically. Monetary refunds are available within 7 days of purchase if you have used less than 10% of the Credits granted by that purchase, and in the other cases described in our Refund Policy, which forms part of these Terms. Nothing in these Terms limits any refund right you have under the Consumer Protection Act, 2019 or other mandatory law.

6. Your content and Outputs

6.1 Ownership

As between you and us, you retain all rights you hold in your Inputs. Subject to these Terms, the licence of the model used (Section 7) and applicable law, we assign to you any rights we may have in the Outputs you generate. On paid plans you may use Outputs for any lawful purpose, including commercially. Outputs generated on the Free plan are licensed for personal, non-commercial use only. Some jurisdictions do not grant copyright in purely machine-generated material, so we cannot guarantee that an Output is protectable or unique to you.

6.2 Licence to us

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, transmit, transcode and display your Inputs and Outputs only as needed to provide, secure and improve the reliability of the Service for you, including sending them to model providers to run your jobs. If you make an asset public, share it by link or allow it to be featured in our Explore gallery, you additionally permit us and other users to view it and to reuse its prompt and settings as a template. We do not use your Inputs or Outputs to train AI models.

6.3 Your responsibilities

You confirm that you have all rights, licences and consents needed for your Inputs — including the consent of any identifiable person whose face, likeness or voice you upload, clone or animate — and that your Inputs and your use of Outputs do not infringe anyone’s rights or break any law. You are solely responsible for how you use and publish Outputs, including any required AI-content labelling or disclosures.

6.4 Storage

We store your assets while your account is open, subject to reasonable storage limits per plan. You can delete assets at any time. We are not a backup service; please keep copies of anything important.

7. Third-party models and licences

Many models in InstaStudio are provided by third parties (for example Google, Kuaishou, ByteDance, Black Forest Labs, OpenAI, Alibaba, ElevenLabs, MiniMax, Luma AI and others), accessed through infrastructure providers such as fal.ai. Your use of each model and its Outputs is also subject to that model’s licence and usage policy, which may restrict certain uses (for example, use of open-weight model outputs in particular products, or use of a cloned voice). Where we are aware of material restrictions we indicate them in the model picker. We are not responsible for third-party model behaviour, availability or changes, but we will refund Credits for jobs that fail on the provider side.

8. Acceptable use

You must comply with our Acceptable Use Policy. In short, you may not use the Service to create or distribute child sexual abuse material; non-consensual intimate imagery or sexual deepfakes; content that impersonates or depicts real people in a deceptive way without their consent; election or civic misinformation; content that infringes intellectual property; malware; or content that is otherwise unlawful, harassing, hateful or harmful. We use automated and human review to enforce this policy and may block prompts, remove content, withhold Outputs and report illegal content to the authorities.

9. Teams and workspaces

• Credits, plans and assets belong to a workspace. The workspace owner is responsible for payments and for the conduct of members they invite.
• Owners and admins can invite or remove members, change roles and set per-member credit limits. Credits used by any member are deducted from the shared workspace balance.
• Assets created in a team workspace belong to the workspace (and, through it, to the organisation that owns it). When a member leaves, assets they created remain in the workspace.

10. Our intellectual property

The Service, including its software, design, text, graphics, templates, logos and the “InstaStudio” name, is owned by us or our licensors and protected by law. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Service under these Terms. You may not copy, reverse engineer, resell or create derivative works from the Service, scrape it, circumvent rate limits or credit metering, or access it through automated means except through interfaces we provide for that purpose. Feedback you give us may be used without obligation to you.

11. Privacy

Our Privacy Policy explains how we collect and process personal data in line with the Digital Personal Data Protection Act, 2023 and, where applicable, the GDPR. Where you upload personal data of other people, you act as the data fiduciary/controller for that data and must have a lawful basis to do so.

12. Suspension and termination

• You may close your account at any time from your settings or by emailing support@instadatahelp.com. Closing an account forfeits any remaining Credits, except where a refund is due under the Refund Policy.
• We may suspend or terminate your access, remove content or withhold Outputs if you breach these Terms or the Policies, if required by law or a lawful order, if your use creates risk or legal exposure for us or others, or if payment is reversed. Where reasonable we will tell you why and give you a chance to respond. Credits forfeited because of a serious breach (for example, generating prohibited content or payment fraud) are not refundable.
• Sections that by their nature should survive termination (including 4.1 on the nature of Credits, 6, 7, 10, 13–16 and 18) survive.

13. Disclaimers

The Service and Outputs are provided “as is” and “as available”. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement and that the Service will be uninterrupted, error-free or that Outputs will be accurate, unique or meet your expectations. Generation times, queue priority and model availability are targets, not guarantees.

14. Limitation of liability

To the maximum extent permitted by law: (a) we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, goodwill or data, arising out of or relating to the Service or these Terms; and (b) our total aggregate liability for all claims relating to the Service in any 12-month period will not exceed the amount you paid us in the 3 months before the event giving rise to the claim, or ₹5,000 if you have not paid us anything. These limits do not apply to liability that cannot be limited by law, including for fraud or wilful misconduct.

15. Indemnity

You will indemnify and hold harmless InstaDataHelp Analytics Services, its proprietors, employees and partners from any claims, losses, liabilities and expenses (including reasonable legal fees) arising from your Inputs, your use of Outputs, your breach of these Terms or the Policies, or your violation of any law or third-party right.

16. Governing law and disputes

These Terms are governed by the laws of India. We encourage you to contact us first — most issues are resolved quickly by email. Any dispute that cannot be resolved amicably within 30 days shall be subject to the exclusive jurisdiction of the competent courts at Kolkata, West Bengal, India, without prejudice to any right you have as a consumer to approach a Consumer Disputes Redressal Commission or the courts of your place of residence under the Consumer Protection Act, 2019.

17. Changes to these Terms

We may update these Terms from time to time. The version identifier and date at the top of this page show the current version. If we make material changes we will notify you by email or in the Service at least 7 days before they take effect (unless the change is required by law or addresses abuse, in which case it may take effect immediately). Continuing to use the Service after the effective date means you accept the updated Terms; if you do not agree, you may stop using the Service and request a refund of any unused plan period on a pro-rata basis.

18. General

• Entire agreement. These Terms and the Policies are the entire agreement between you and us about the Service.
• Severability. If any provision is held unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of model providers, cloud infrastructure or payment networks.
• Notices. We may send notices to the email on your account. You may send notices to support@instadatahelp.com.

19. Contact and grievance redressal

InstaDataHelp Analytics Services. Email: support@instadatahelp.com.

In accordance with the Information Technology Act, 2000, the rules made under it and the Consumer Protection (E-Commerce) Rules, 2020, our Grievance Officer can be reached at support@instadatahelp.com with the subject line “Grievance”. We acknowledge grievances within 48 hours and aim to resolve them within 15 days (or within the shorter period required by law for specific complaints, such as requests to remove non-consensual intimate imagery, which we act on within 24 hours).