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These General Terms of Service ("Terms" or “Agreement”) are a legal and binding Agreement between Instal S.r.l. - VAT 06681730484 (“The company”) owner of instal.com and you ("You" or “Advertiser”). By using the service (“Service”) reachable at instal.com (“Site”) , you will comply with all applicable laws and regulations, including without limitation any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Servicesite.

The Service allows Advertisers to upload it’s performance based advertising campaign on the Instal international network (“Instal Network”) or on additional networks which will be indicated by the company ("Third Party Networks"). These advertising campaigns will be displayed/run in third parties spaces which are present on mobile web sites or on mobile (“Spaces”). For this purpose the Advertiser declares to accept and authorizes the company to publish the campaigns on the Spaces. The company will activate the Advertiser's account on the Instal Network at the date of registration and the Advertiser may proceed to launch the campaign from that moment. The campaigns shall be managed by the Advertiser via the control panel made available by the company, the characteristics of which are described on the Site. By way of example, the Advertiser will be required to use the control panel to enter the campaign app, the campaign start date, the countries where you want to run the ads, the Operating System, the device target, the eventual daily campaign cap and the Cost per instal (“CPI”) or the price they want to pay for each install generated through the platform. The Advertiser can pause the campaign or apply changes to the campaign details at any time. Nevertheless the Advertiser agrees that any “negative” changes that will reduce the perimeter of the campaigns will take 24 hours before being operative. Instead positive changes will be “operative” in a shorter period (around 15/30 minutes). If the campaigns will run partially or will be suspended before the end, the Advertiser, in case the suspension is not attributable to the Advertiser itself (otherwise Advertiser will be charged for the total fees) , will be charged for the portion of the campaign consumed, in accordance with the procedures set out in Article 9 below. The Advertiser will be able to monitor the campaign's trend via the report made available by the company. Furthermore, the report will indicate the daily investments made by the Advertiser expressed in USD dollars. If the Advertiser plans the campaign on a given network the report will only indicate the traffic registered for that entire network.

You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

We may amend the Terms from time to time. You will be advised of any Terms amendment by a general notice published on the site. Such general notice will be published 30 days before any change is to come into effect and during these days You shall have the right to terminate these Terms by sending a written notice to the company. For avoidance of doubt it must be clear that if you don’t send the notice during the above mentioned 30 days, the amendments shall be considered accepted by you.

The company may change, suspend or terminate all or any aspect of the Service for any reason or no reason, at any time, including the availability of any feature or application of the Service. The Service is being constantly updated with new features and the company, in its sole discretion, may change any aspect of the Service or discontinue any of the Service for maintenance or upgrade activity with the aim to improve the usability of the Service.

You agree that the company does not guarantee the insertion, positioning or the delivery time of the announcements, or the number of conversions or clicks referred to the announcements. Consequently the company shall not be considered responsible in any manner in this regard. Advertiser is the sole party responsible for the choice of the campaign's target and for creating the contents of the advertising messages. The company reserves the right to reject and/or delete advertising messages, at its complete discretion, and at any time, as well as to change the dimensions and/or the format of the messages, at any time, to the extent that is reasonably necessary to ensure compliance with the Service's technical specifications, without prejudice to the exclusive liability for the campaign remaining with the Advertiser.

To use our Service you must: a) comply with any applicable law and regulations; b) comply with the instructions which will be provided by the company concerning the correct utilization of the Service; c) not publish campaigns that contain sexual acts (pedo-pornographic,pornographic, sexually-orientated, for adults only) or is threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, or are contrary to the public morals and/or decency, obscene, defamatory, illegal or otherwise harmful, disturbing or in breach of the rights of third parties, or contains contents which are related to political or religious activities. d) be a registered company with VAT# (if italian or european company) or company number if extra EU). We cannot work with private entities. In case of any violation by the Advertiser of such restrictions, the company shall be in title to immediately suspend the Service. The company will send a communication by e-mail to the Advertiser reflecting the violation of the above mentioned restrictions giving to the Advertiser maximum 24 hours to solve the violation. Advertiser’s failure to correct any such violation after Advertiser’s receipt of notice from the company will entitle the company to terminate this Agreement immediately without any liability, provided however that the company shall be in such a situation also entitled to claim for damages.

In no event shall the company, its directors, officers, shareholders, employees, or agents be liable to You or any third party for any direct, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever resulting from any: a) use of or inability to access or use the Service; b) any viruses, bugs, worms, trojan horses, or the like, which may be transmitted to or through our Service by any third party to Your systems; c) any conduct or content of any third party on the Service, including without limitation, any defamatory, offensive or illegal conduct of other users or third party;

The fees payable by Advertiser to the company are established by the advertiser itself in accordance with a CPI (cost per install) procedure. All fees are listed free of VAT. In any case, VAT shall or shall not be applied, according to laws and regulations in force.

Only the company's monitoring systems shall be considered legally binding for the purpose of calculating the fees. The fees may be paid by wire transfer or using the other methods of payment which may be indicated on the Site at this address Instal.com. With regard to credit card payment systems, the company declares that it shall be utilized third parties authorized systems (i.e.: PayPal, Paymill, …) , consequently the company shall not be able to know Your credit cards data. The fees shall be debited in dollar on reaching the minimum amount indicated on the Site or within the time period always indicated on the Site. The Advertiser hereby guarantees that the sum is available on its credit card undertaking not to plan campaigns for amounts which are not available on its credit card. In any case, the company shall have the right to interrupt the campaign and/or this Agreement immediately if the Advertiser defaults on the payment of the fees established herein.

The company accepts payments via PayPal only if the amount is up to $500. If the amount is more than $500 the advertiser agrees to pay via wire transfer. It will be considered valid the exchange rate between dollars ($) and euros (€) on the date of payment.

KPIs will be used exclusively for purposes of measurement and optimization and do not constitute a binding promise. In case of non-achievement of the KPIs installs generated while the campaign was active are to be paid for according to the previously agreed on CPI. Advertiser agree to send Company an optimization report every 48 hours. In case of Hard KPIs, Advertiser agrees to share Company direct access to their tracking system (AppsFlyer, Adjust, ect) or send to AM a quality report regarding the campaigns every 48 hours.

In the event of blacklisting of a publisher or an ISP, the advertiser must notify Instal by email 24 hours in advance. If the advertiser does not notice Instal 24 hours prior to blacklisting, they will have to pay for lost installations and the amount due will be calculated according to the average CR.

In case of delayed payment will be applied, without any prior default, the following default interests: 0.5 % per month for the first four months of delayed payment, 1% per month for the following four months of delay, 1.5% per month starting from the ninth month of delayed payment and for all the subsequent months until the final settlement. In each case, the annual interest rate must not be higher than the maximum limit allowed by the applicable law.

All objections regarding the traffic must be notified to the respective Account Manager and to the Audit Team (trafficaudit@instal.com) no later than the 10th of the month. The objections have to be combined with real proofs (such as report, reports per day, reports per sub-id, screenshot and so on).All objections received after the first ten days of the month will not be taken into consideration.

By entering into this agreement the Advertiser duly approves the use of its name, trademarks and logo by the company in presentations, marketing material, client lists, financial reports, lists of clients, search result pages.

By entering into this agreement the Advertiser duly acknowledges the company's intellectual property rights over the Service and undertakes not to change, adapt, translate, decompile, decode, disassemble the Service or not to attempt to extract the source code in another way, or not to create or attempt to create a substitute or similar service or product by using or accessing the Service or proprietary information related thereto.

This Agreement does not provide any termination date. The Advertiser may terminate this Agreement at any time, upon at least 10 working days written notice to the company at the following address: Instal Srl, Via Pindemonte 63, 50124, Florence – Italy. Instal S.r.l., on its part, may terminate this Agreement with immediate effect, at its own discretion, by notifying the Advertiser accordingly by e-mail at the address indicated by the Advertiser at the moment of the registration to the Service.

The company shall not be liable to the advertiser for failure to perform any obligation under this agreement to the extent that the failure is caused by any factor beyond its reasonable control. This agreement and the documents referred to in it constitutes the entire agreement between the parties and supersede all other agreements or arrangements, whether oral or written, express or implied. No variations of this agreement are effective unless made in writing. Neither party will be affected by any delay or failure in exercising or any partial exercise of his rights under this agreement unless he has signed an express written waiver or release. If any provision of this agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that will not affect or impair: a. the legality, validity or enforceability in that jurisdiction of any other provision of this agreement; or b. the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this agreement. Nothing in this agreement creates a partnership or established a relationship of principal and agent or any other fiduciary relationship between the parties. This agreement is not intended to confer rights on third parties.Except as otherwise expressed set forth herein, Advertiser understands and agrees that the company’s provision of the Service shall be subject to, and governed by, the terms and conditions set forth in the IAB Standard Terms and Conditions for Internet Advertising for Media Buys One Year or Less, Version 3.0 posted at http://www.iab.net/guidelines/508676/tscs3 (the “IAB Standard Terms”).

These Terms and any action related thereto shall be governed by and construed in accordance with the laws of Italy. The Court of Florence shall have exclusive jurisdiction in any controversy involving or deriving from this Agreement or its performance. In the case of an agreement made with a Consumer, the Court where the Customer is domiciled or resident shall have jurisdiction.

New advertisers who register before January 31st, 2015 will receive a 20% discount on the advertising spending of February. The application of the discount will be determined as follows:

1. The Promotion is reserved only to new Advertisers who join the platform within January 31st 2015;
2. The Bonus consists of a discount equal to 20% the amount spended during the first month after the registration, to be deduced off the second monthly invoice. The month in which the registration was made will be considered the first for the purposes of this promotion in case given registration occurs within the 15th of the ongoing month, otherwise the invoice of the following calendar month will be observed instead.
3. Instal reserves the right to remove an advertiser from the program if we suspect there is any unfair play, fraud or any other reason that would invalidate the advertiser’s participation to this promotion.
4. Instal is not liable for any errors or omissions
5. The bonus will be issued only to the advertisers that meet the requirements in form of a discount to be applied to the invoice of the following month. The discount will be applied only to those advertisers whose first month’s expenditure reaches a value equal or greater than 10.000 $.
6. Ad networks, affiliate networks and CPA networks are not eligible, only direct advertisers will be included in this promotion.
7. Instal reserves its right to change, modify, suspend or terminate this promotion at any time.
8. The promotion is subject to the acceptance of the Instal's T&C: http://instal.com/terms#/terms

In the eventuality of the deletion of an account with remaining credit Instal will refund the given amount through its preferred method within 30 days from the deactivation of the account in question after the formal request of the user. The interested user will have to give proper notice of its decision to deactivate the account in a timely manner. In case this notice is not received by Instal within 90 days, no refund will be issued and Intsal will claim its right on them. In case of a dispute or any other case in which Instal agrees to issue a refund of the remaining balance already collected from the client, its bank, or through the payment provider, such monies will be accredited to the user and deduced from the following invoice. Instal guarantees that its ads will only be served on legitimate spaces and the relative dynamics will be coherent with the restrictions imposed by the advertiser, however it does not guarantee for the quality of the users acquired in terms of app/game usage or lifetime value. For this reason advertisers are not entitled to claim a refund on installations already generated unless the aforementioned were achieved braking the conditions or specific restrictions imposed by the advertiser. Any other claim will not be valid or release the advertiser from the obligations and liabilities this contract commits to.

Conversions can still be tracked up to 7 days after the pause if the download has been made before the pause but the app has been opened after. The advertiser will be charged for those installs with the CPI previously agreed upon.

The advertiser will need to be responsible to pay all the expenses for the advertiser or any intermediary bank. In case the advertiser does not pay these expenses, Instal will charge them on the next invoices.

New advertisers who register before January 31st, 2015 will receive a 20% discount on the advertising spending of February. The application of the discount will be determined as follows: a) The Promotion is reserved only to new Advertisers who join the platform within January 31st 2015. b) The Bonus consists of a discount equal to 20% the amount spended during the first month after the registration, to be deduced off the second monthly invoice. The month in which the registration was made will be considered the first for the purposes of this promotion in case given registration occurs within the 15th of the ongoing month, otherwise the invoice of the following calendar month will be observed instead. c) Instal reserves the right to remove an advertiser from the program if we suspect there is any unfair play, fraud or any other reason that would invalidate the advertiser’s participation to this promotion. d) Instal is not liable for any errors or omissions e) The bonus will be issued only to the advertisers that meet the requirements in form of a discount to be applied to the invoice of the following month. The discount will be applied only to those advertisers whose first month’s expenditure reaches a value equal or greater than 10.000 $. f) Ad networks, affiliate networks and CPA networks are not eligible, only direct advertisers will be included in this promotion. g) Instal reserves its right to change, modify, suspend or terminate this promotion at any time. h) The promotion is subject to the acceptance of the Instal's T&C: http://instal.com/terms#/terms

The Parties undertake to operate in compliance with the laws in force on personal data processing. Instal makes it accessible to the Partner, in the appropriate section of its website, information on the Privacy and Cookies, which are an integral and substantial part of these GCS. The Partner declares to have read and accepted the said information.

These General Terms of Service ("Terms" or “Agreement”) are a legal and binding agreement between Instal S.r.l. (“The company”) owner of instal.com and you ("You" or “Publisher”). By using the service (“Service”) reachable at instal.com (“Site”) , you will comply with all applicable laws and regulations, including without limitation any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing the Servicesite.

The Service allows Publishers to publish performance based advertising offers visible on the Instal platform (“Platform”) in the spaces which are present on mobile web sites or on mobile applications owned by or which are available to the Publisher (“Spaces”). For this purpose the Publisher declares to accept that the company may publish the messages of third parties, in the form of banners and/or text links and/or other advertising formats and to accept the insertion on its Spaces of one of the company's Tags useful to trace the hits by users on the Spaces in question.

You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.

We may amend this Terms from time to time. You will be advised of any Terms amendment by a general notice published on the Site. Such general notice will be published 30 days before of any change is to come into effect and during these days You shall have the right to terminate these Terms by sending a written notice to the company. For avoidance of doubt it must be clear that if You don’t send the notice during the above mentioned 30 days, the amendments shall be considered accepted by You.

The company may change, suspend or terminate all or any aspect of the Service for any reason or no reason, at any time, including the availability of any feature or application of the Service. The Service is being constantly updated with new features and the company, in its sole discretion, may change any aspect of the Service or discontinue any of the Service for maintenance or upgrade activity with the aim to improve the usability of the Service.

You agree that You are entirely responsible for any content (including text, images, videos and audio files) that You publish on your mobile site or on your mobile applications and You affirm, represent, and warrant that you have the necessary licenses, rights, consents, and permissions to publish any content on the Spaces.

To use our Service you must: a) comply with any applicable law and regulation; b) comply with the instructions which will be provided by the company concerning the correct publication, distribution and control of the advertising, and also undertakes to comply with the formats of the advertising as supplied by the company; c) display the advertising messages procured by the company in a correct and legible form and in a way that does not create confusion among all the messages, in particular if third-party advertising messages are also present on the Publisher's pages d) not edit, modify, filter or change the order of the information contained in any advertising message, and not to insert in a frame, reduce to an icon or limit the complete display of any Web page containing advertising messages; e) not participate in, or facilitate, any illegal activity; f) immediately notify us if you learn of a security breach or other illegal activities on the Service; g) not publish content that contains sexual acts (pedo-pornographic,pornographic, sexually-orientated, for adults onl y) or is threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, or are contrary to the public morals and/or decency, obscene, defamatory, illegal or otherwise harmful, disturbing or in breach of the rights of third parties, or contains contents which are related to political or religious activities; h) not engage in any activity that is or may be harmful to us or our customers, advertisers, affiliates, vendors or anyone else; i) not generate searches, impressions or clicks, directly or indirectly, on the advertising messages published on the Spaces and supplied by the company, also by using automated, misleading or fraudulent means, including, inter alia, repeated manual clicks, robots or other tools to generate searches automatically and/or the unauthorised use of other services and/or software to optimise search engines; j) re-broker, re-sell or otherwise transfer by Publisher any Advertisements to other networks not owned or controlled by the Publisher; k) promote Advertisements using icon dropping, icon placement, bookmarking or any other form of advertising that creates a permanent/semi-permanent link on a user’s device; l) without seeking and obtaining instal.com prior written consent, remove or change any tracking codes or web beacons included in the Advertisments deployed by instal.com; m) promoting advertisement using incentivized as units or display any ad unit that encourages users to click on Advertisement through incentives or place statements near any Advertisement that encourages users to click on the Advertisement (e.g. “Please click here”) or to visit the third-party advertiser; n) reverse engineer, decompile or disassemble any software components of the advertising services provided by the company; o) Hold confidential the names of company partners, performance of the campaigns and related media prices. The use of the information and documents is strictly restricted to the cooperation subject to this agreement. Furthermore, the publisher agrees to withhold completely from approaching company’s clients either directly or through third parties in the following 24 months after this agreement is signed by disclosing the partnership with the company, be it to offer the publisher’s services to company’s clients or for the purpose of extracting any other business-related information. In case of any violation by the Publisher of such restrictions, the company shall be in title to immediately suspend the Service. The company will send a communication by e-mail to the Publisher reflecting the violation of the above mentioned restrictions giving the Publisher maximum 24 hours to solve the violation. Publisher’s failure to correct any such violation after Publisher’s receipt of notice from the company will entitle the company to terminate this Agreement immediately without any liability, provided however that the company shall be in such a situation also entitled to claim for damages. Hold confidential the names of company partners, performance of the campaigns and related media prices. The use of the information and documents is strictly restricted to the cooperation subject to this agreement. Furthermore, the publihser agrees to withhold completely from approaching company’s clients either directly or through third parties in the following 24 months after this agreement is signed by disclosing the partnership with the company, be it to offer the publisher’s services to company’s clients or for the purpose of extracting any other business-related information.

n no event shall the company, its directors, officers, shareholders, employees, or agents be liable to You or any third party for any direct, indirect, incidental, special, punitive, or consequential damages of any kind whatsoever resulting from any: a) use of or inability to access or use the Service; b) any viruses, bugs, worms, trojan horses, or the like, which may be transmitted to or through our Service by any third party to Your systems; c) any conduct or content of any third party on the Service, including without limitation, any defamatory, offensive or illegal conduct of other users or third party.

The Publisher will receive the fees indicated on the Platform. Such fees are calculated on a performance basis in accordance with a CPI (cost per install) model. The Publisher can verify on a daily basis on the Publisher's own control panel the accruing amounts. The amounts will be indicated in dollars. Payments shall be made to the Publisher by the company according to the methods indicated on the company's web site at the following address: instal.com. Instal's minimum threshold for outgoing payments is 500 EUR/USD which means that we only release payments to our publishers once the sum of the invoices add up to 500 EUR/USD and above. If the sum of the invoices is between 500 EUR/USD and 1000 eur/usd we will pay you via PayPal, if it’s more than 1000EUR/USD we will pay you by wire. The payment will be released within 30 days (if not agreed differently by the parties) after the issue of the invoice. If the agreement is terminated for any reason whatsoever, possible credit amounts due and payable to the Publisher will be paid, upon request from the Publisher, within 90 days from the end of the Agreement, provided such amounts exceed 5.00 dollars. In every case the company reserves the right to make payments only after the receipt of payments by the advertisers. In the event of a chargeback or other payment reversal to the advertisers, the company may, in its sole discretion, either: i) invoice Publisher for amounts paid to the advertisers relating to such chargeback or reversal, which invoice must be paid within thirty (30) days of Publisher's receipt thereof, or ii) debit against future amounts payable to Publisher amounts paid to the advertisers relating to such chargeback or reversal. The company's measurement systems shall be the only valid instrument for the purposes of quantifying the fees. Under no circumstances will any amounts owed be deemed valid if accrued in violation of these general terms as well impressions or clicks generated by using robots, automatic programs or similar devices, as determined reasonably by the company, shall not be deemed valid, including, inter alia, clicks or impressions (i) originating from IP addresses or computers controlled by the Publisher or (ii) requested by paying money, false declarations or requests made to users to click on the messages. The Publisher hereby undertakes to pay all the taxes applied by any government body in accordance with the legislation applied therein in relations to its participation to the Service. All the bank costs will be splitted between the 2 parties. Both publisher and the company undertakes to pay the transaction cost applied by his own bank. It will be considered valid the exchange rate between dollars (cash) and euros (€) on the date of payment. The payment must be made in the currency previously agreed upon in contract, and expressed in the invoice. If the payments received that are different from what was announced in the invoice will be charged for fees and expenses of the currency exchange.The Publisher hereby undertakes to pay all the taxes applied by any government body in accordance with the legislation applied therein in relations to its participation to the Service.

By entering into this agreement the Publisher duly approves the use of its name, trademarks and logo by the company in presentations, marketing material, client lists, financial reports, lists of clients, search result pages.

By entering into this agreement the Publisher duly acknowledges the company's intellectual property rights over the Service and undertakes not to change, adapt, translate, decompile, decode, disassemble the Service or not to attempt to extract the source code in another way, or not to create or attempt to create a substitute or similar service or product by using or accessing the Service or proprietary information related thereto.

This Agreement does not provide any termination date. The Publisher may terminate this Agreement at any time, upon at least 10 working days prior written notice to the company at the following address: Instal S.r.l., via Pindemonte 63, 50124, Florence – Italy. The company, on its part, may terminate this Agreement with immediate effect, at its own discretion, by notifying the Publisher accordingly by e-mail at the address indicated by the Publisher at the moment of the registration to the Service.

The company shall not be liable to the publisher for failure to perform any obligation under this agreement to the extent that the failure is caused by any factor beyond its reasonable control. This agreement and the documents referred to in it constitutes the entire agreement between the parties and supersedes all other agreements or arrangements, whether oral or written, expressed or implied. No variations of this agreement are effective unless made in writing. Neither party will be affected by any delay or failure in exercising or any partial exercise of his rights under this agreement unless he has signed an express written waiver or release. If any provision of this agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that will not affect or impair: a. the legality, validity or enforceability in that jurisdiction of any other provision of this agreement; or b. the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this agreement. Nothing in this agreement creates a partnership or established a relationship of principal and agent or any other fiduciary relationship between the parties. This agreement is not intended to confer rights on third parties

These Terms and any action related thereto shall be governed by and construed in accordance with the laws of Italy. The Court of Florence shall have exclusive jurisdiction in any controversy involving or deriving from this Agreement or its performance. In the case of an agreement made with a Consumer, the Court where the Customer is domiciled or resident shall have jurisdiction.

If you are a private entity and interested in our services located in Italy but without a VAT no. Instal will not be able to start a business collaboration with you. If you are a private entity but located in the EU (excluding Italy) or Extra EU before using our services it is necessary for you to fill out your profile on the platform and self-certify your status. Without this self-certification Instal will not be able to start a business collaboration with you. Registering on Instal platform as a private publisher you are automatically claiming that your entity does not have a VAT no. If you are a private company you need to fill out your profile on the platform before we can start a business collaboration with you. Furthermore you will need to supply us: If your company is registered in Italy or EU your VAT or VIES number; If your company is registered Extra EU your company number; in the case you do not have a company number please self-certify that you are a company and not a private entity. Without any of the above mentioned requirements, instal will not be able to start a collaboration with you.

Instal has the right to cancel any access and ban from the platform any publisher that breaks any of the T&C defined in the website, or any other rule agreed upon within the parts. Instal furthermore has the right to withhold any payments in the case installs are generated by forbidden traffic sources and/or prohibited/illegal actions performed by the publisher. After the ban the publisher will not be able anymore to access the platform, ask for campaign or maintain any kind of business relationship with Instal.com.

The Parties undertake to operate in compliance with the laws in force on personal data processing. Instal makes it accessible to the Partner, in the appropriate section of its website, information on the Privacy and Cookies, which are an integral and substantial part of these GCS. The Partner declares to have read and accepted the said information