Terms & Conditions

1. Introduction & Acceptance

These Terms and Conditions ("Terms") govern your access to and use of the websites, mobile applications, AI planning tools, event coordination features, communications, paid credits, subscriptions, and related services operated by InstaEvent Inc. ("InstaEvent," "Hey Benson," "we," "our," or "us"). This includes InstaEvent.com, HeyBenson.com, the Hey Benson mobile application, and any related products or services that link to these Terms (collectively, the "Service").

By accessing or using the Service, creating an account, joining an event, responding to an invitation, purchasing credits, starting a subscription, or otherwise interacting with the Service, you agree to these Terms. If you do not agree, do not use the Service.

Our Privacy Policy explains how we collect, use, disclose, and protect information. It is incorporated into these Terms.

2. Service Description

The Service helps users create events, invite people, coordinate plans, manage RSVPs, communicate event changes, receive reminders, use AI-assisted planning, and access related planning features. The Service may include event chat, AI-generated suggestions, image generation, restaurant or venue recommendations, group planning tools, credits, subscriptions, referral links, sponsored placements, and third-party integrations.

We may add, remove, modify, suspend, or discontinue any part of the Service at any time. Some features may be limited by device, operating system, geography, account status, app-store availability, payment status, third-party services, or technical constraints.

3. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we may notify you by posting the updated Terms, updating the Effective Date, sending a notice, or using another reasonable method. Your continued use of the Service after the updated Terms become effective means you accept the updated Terms.

4. Eligibility & Account Registration

You must be at least 18 years old, or the age of legal majority where you live, to create an account or purchase paid features. By using the Service, you represent that you are legally able to enter into these Terms.

You agree to provide accurate, current, and complete information and to keep your account information updated. You are responsible for maintaining the confidentiality of your login credentials, verification codes, and devices used to access the Service. You are responsible for all activity under your account unless caused by our own security failure.

You may not create accounts using false information, impersonate another person, create multiple accounts to abuse free credits or promotions, evade enforcement, or interfere with the integrity of the Service.

5. Privacy, Contacts, Location & Communications

Use of the Service may involve personal information, event information, invitee information, contacts, location information, device information, chat content, AI prompts and outputs, purchase information, and related records. Our Privacy Policy explains these practices in more detail.

If you choose to upload, import, enter, or share contacts, phone numbers, email addresses, or invitee information, you represent that you have the right to use that information for event coordination and invitations. You may not upload or use contact information for spam, harassment, fraud, or any unlawful purpose.

Location-based features may depend on information you provide, your device settings, third-party maps or places services, or approximate location data. Recommendations may be less accurate if location access is disabled or inaccurate.

6. Invitations, SMS, Email & Push Notifications

The Service may send event invitations, RSVP requests, reminders, updates, cancellation notices, one-time passcodes, security messages, account notices, billing notices, and related communications by push notification, SMS/MMS, email, in-app message, or other supported channels.

By providing a phone number, email address, creating an account, joining an event, or asking the Service to send invitations, you consent to receive transactional communications related to the Service. Standard carrier message and data rates may apply. Message delivery is not guaranteed and may depend on carriers, device settings, network conditions, third-party providers, and recipient information.

• SMS opt-out: Where supported, reply "STOP" to stop receiving SMS messages from the applicable message program. Reply "HELP" for help.
• Push notifications: You can manage push notification permissions through your device settings.
• Email: Some account, security, purchase, and event-related emails are transactional and may be required to operate the Service.

You may not use the Service to send illegal, deceptive, abusive, harassing, threatening, unsolicited, or restricted communications. You may not use invitations or messaging features to promote unlawful goods or services, adult sexual content, regulated weapons, gambling, controlled substances, prescription drugs, fraud, scams, hate, violence, or other content that violates these Terms or applicable provider rules.

7. AI Features & Recommendations

The Service may use artificial intelligence to interpret intent, assist with event creation, recommend venues or activities, summarize planning details, generate event text or images, suggest options, manage follow-up steps, or support group coordination.

AI outputs may be incomplete, inaccurate, outdated, or unsuitable for your specific situation. You are responsible for reviewing event details, dates, times, locations, invitees, dietary or allergy information, accessibility needs, costs, transportation, safety, and venue availability before relying on or sharing any output.

We do not guarantee that any restaurant, venue, event, map result, reservation, business information, hours, pricing, menu, availability, image, recommendation, route, or third-party listing is accurate, current, safe, available, or suitable. You should verify important information directly with the venue or provider.

You may not use AI features to generate illegal, harmful, deceptive, infringing, abusive, sexually exploitative, hateful, violent, fraudulent, or privacy-invasive content, or to bypass security, moderation, payment, or usage limits.

8. User Content & Event Content

You may submit, upload, create, send, or display content through the Service, including event details, messages, images, contacts, comments, RSVPs, prompts, AI-generated content, and other materials ("User Content"). You retain any rights you have in your User Content.

You grant InstaEvent a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, adapt, display, distribute, transmit, and otherwise use User Content as reasonably necessary to operate, secure, improve, support, and provide the Service, including delivering invitations, displaying event information, providing AI features, and supporting users.

You are responsible for your User Content and must have all rights and permissions needed to submit it. We may remove, restrict, or disable content that we believe violates these Terms, applicable law, third-party rights, platform rules, provider policies, or user safety standards.

9. Community Safety, Reporting & Enforcement

The Service may include group chat, invitations, event pages, shared images, comments, or other user-generated content. You may not post or share content that is illegal, abusive, threatening, harassing, hateful, sexually exploitative, pornographic, violent, deceptive, fraudulent, infringing, invasive of privacy, or otherwise harmful.

We may provide tools to report content or users, block users, leave groups, remove participants, moderate content, or contact support. We may investigate reports and take action we believe is appropriate, including removing content, restricting invitations, disabling messaging, suspending accounts, terminating accounts, preserving evidence, or contacting law enforcement where appropriate.

10. Credits, Paid Features & Digital Services

The Service may offer free features, paid credits, subscriptions, premium planning features, AI image generation, expanded invite capacity, enhanced automation, advanced recommendations, or other digital services. We may change feature availability, credit costs, included benefits, or premium features at any time, subject to applicable law and platform rules.

Credits are a limited, non-cash, non-transferable, revocable digital entitlement that may be used only within the Service for eligible digital features. Credits are not money, stored value, gift cards, property, or a deposit account. Credits have no cash value, cannot be redeemed for cash, cannot be transferred, and cannot be resold.

Purchased credits: Credits purchased through Apple In-App Purchase, Google Play Billing, or another authorized payment method do not expire while your account remains active, except where expiration is permitted by applicable law and platform rules. Purchased credits may be adjusted or removed if a purchase is refunded, reversed, charged back, fraudulent, unauthorized, issued in error, or otherwise invalid.

Free or promotional credits: Free, trial, bonus, referral, promotional, or courtesy credits may expire, may be limited to certain features, may be revoked, and may be subject to additional conditions disclosed at the time they are offered.

We may correct balances, reverse mistaken credits, limit purchases, limit usage, suspend purchases, or restrict access to paid features to prevent fraud, abuse, technical errors, payment failure, chargebacks, or violations of these Terms.

11. App Store, Google Play, Billing & Refunds

If you purchase digital features, credits, subscriptions, or premium functionality inside the iOS app, purchases are processed through Apple In-App Purchase unless another method is permitted by Apple rules. If you purchase digital features, credits, subscriptions, or premium functionality inside the Android app distributed through Google Play, purchases are processed through Google Play Billing or another method permitted by Google Play rules.

Apple, Google, payment processors, and app stores may have their own terms, refund rules, cancellation tools, taxes, payment methods, family sharing rules, and purchase controls. Those terms apply to your purchase in addition to these Terms.

• Refunds: For purchases made through Apple or Google, refund requests must be submitted through Apple or Google unless their policies allow us to process the request directly. We may adjust or remove credits, benefits, or access related to refunded purchases.
• Subscriptions: Subscriptions may renew automatically unless cancelled before the renewal date. You are responsible for managing or cancelling app-store subscriptions through your Apple App Store or Google Play account settings, or through any other purchase channel where the subscription was purchased.
• Restore purchases: Where required or supported, the app will provide a way to restore eligible purchases associated with your Apple or Google account.
• Taxes: Prices may exclude applicable taxes unless stated otherwise. Taxes may be calculated and collected by Apple, Google, us, or our payment processor depending on the purchase channel.

We do not control Apple or Google refund decisions, app-store billing systems, payment authorization, or payment method availability.

12. Physical Goods, Venues, Bookings & Third-Party Transactions

The Service may recommend or link to third-party restaurants, venues, merchants, reservation platforms, ticketing providers, transportation providers, travel providers, event services, or other third parties. Those third parties are independent from us.

Unless we expressly state otherwise, we do not own, operate, control, endorse, guarantee, or assume responsibility for third-party venues, reservations, tickets, food, drinks, transportation, services, physical goods, safety, accessibility, pricing, menus, refunds, cancellations, availability, service quality, or legal compliance.

Purchases of physical goods or real-world services that are consumed outside the app may be handled by third-party providers or payment processors and may be subject to their terms, refund rules, cancellation policies, and privacy policies.

13. Sponsored Placements, Referrals & Compensation

The Service may display sponsored recommendations, promoted options, affiliate links, referral links, booking links, or partner offers. We may receive compensation when users view, click, book, reserve, purchase, or otherwise interact with certain options. Sponsored or paid placements will be labeled where required by law or platform rules.

Compensation may influence placement or availability of certain options, but we aim to present recommendations in a way that is useful for planning. You are responsible for deciding whether any option is right for you or your group.

14. Acceptable Use

You agree not to use the Service in any way that is unlawful, harmful, abusive, deceptive, fraudulent, or disruptive. Without limitation, you must not:

• Violate any law, regulation, third-party right, app-store rule, provider policy, or these Terms;
• Harass, threaten, abuse, impersonate, stalk, exploit, or harm another person;
• Send spam, unsolicited marketing, misleading invitations, phishing messages, or fraudulent communications;
• Upload malware or attempt to disrupt, overload, damage, reverse engineer, scrape, crawl, mine, or interfere with the Service;
• Attempt to bypass usage limits, credit limits, payment systems, security controls, moderation systems, identity checks, or access restrictions;
• Use the Service to promote restricted or illegal products or services, including controlled substances, cannabis or CBD where prohibited, prescription drugs, gambling, firearms, weapons, adult sexual content, scams, fraud, or counterfeit goods;
• Collect, use, sell, or share another person's personal information without appropriate rights or consent;
• Use AI features to generate or distribute harmful, illegal, infringing, deceptive, or abusive content.

15. Intellectual Property

The Service, including software, designs, interfaces, graphics, logos, trademarks, text, code, models, workflows, and other content, is owned by InstaEvent or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal or internal business purposes.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, create derivative works, or exploit the Service except as allowed by law or expressly authorized by us in writing.

16. Feedback

If you provide feedback, suggestions, ideas, bug reports, or recommendations, you grant us the right to use them without restriction or compensation to you. We are not required to treat feedback as confidential.

17. Third-Party Services & Links

The Service may integrate with or link to third-party services, including app stores, payment processors, AI providers, maps and places providers, weather providers, messaging providers, email providers, SMS providers, analytics providers, customer support tools, reservation platforms, ticketing platforms, and social platforms. Your use of third-party services is subject to their own terms and privacy policies.

We are not responsible for third-party content, data, availability, accuracy, outages, security, billing, refunds, policies, or actions.

18. Beta, Experimental & Preview Features

We may release beta, preview, test, or experimental features. These features may be incomplete, inaccurate, unstable, changed, limited, or discontinued at any time. They are provided "as is" and "as available" without warranties of any kind.

19. Account Suspension, Termination & Deletion

We may suspend, restrict, or terminate your access to the Service if we believe you violated these Terms, created risk or legal exposure, abused free or paid features, engaged in fraud or chargebacks, harmed other users, misused communications, infringed rights, or threatened the integrity, security, or availability of the Service.

You may stop using the Service at any time. Account deletion may be available through the app, website, support, or another method we provide. Some records may be retained as described in our Privacy Policy, including records needed for legal, tax, accounting, security, fraud prevention, dispute resolution, safety, payment, or operational purposes.

Termination does not automatically entitle you to a refund. Credits, subscriptions, and paid features are handled according to these Terms, applicable law, and the rules of the purchase channel.

20. DMCA & Copyright Policy

InstaEvent respects intellectual property rights. If you believe content on the Service infringes your copyright, notify our DMCA Agent with a notice that complies with 17 U.S.C. § 512:

DMCA Agent
Email: support@instaevent.com
Mail: InstaEvent Inc., 10755-F Scripps Poway Pkwy #472, San Diego, CA 92131, USA

We may remove or disable access to allegedly infringing material and terminate accounts of repeat infringers where appropriate.

21. Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, or uninterrupted operation.

We do not warrant that the Service, AI outputs, recommendations, invitations, messages, reminders, credits, subscriptions, integrations, third-party listings, or event details will be accurate, timely, secure, uninterrupted, error-free, or suitable for your needs.

22. Limitation of Liability

To the fullest extent permitted by law, InstaEvent and its officers, directors, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages, or for loss of profits, revenue, data, goodwill, use, business opportunity, or other intangible losses, arising out of or related to the Service or these Terms.

To the fullest extent permitted by law, our total liability for all claims arising out of or related to the Service or these Terms will not exceed the greater of: (a) one hundred dollars ($100); or (b) the amount you paid directly to us for the Service in the six (6) months before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply to you.

23. Indemnification

You agree to defend, indemnify, and hold harmless InstaEvent and its officers, directors, employees, contractors, agents, affiliates, licensors, and service providers from and against any claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from or related to your use of the Service, your User Content, your invitations or communications, your violation of these Terms, your violation of law, your violation of third-party rights, or your misuse of AI, credits, paid features, or third-party services.

24. App Store Addendum

If you download or use the Service through the Apple App Store, Google Play, or another app store, the following additional terms apply:

• Your use of the app must comply with the applicable app store's terms, rules, and policies.
• The app store provider is not responsible for providing maintenance or support for the Service.
• The app store provider is not responsible for claims relating to the Service, including product liability claims, legal compliance claims, intellectual property claims, or consumer protection claims, except to the extent required by applicable law.
• Apple and its subsidiaries are third-party beneficiaries of these Terms for iOS users and may enforce these Terms against you as a third-party beneficiary.

25. Arbitration & Class Action Waiver

You and InstaEvent agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except where prohibited by law.

Claims must be brought only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated, private attorney general, or representative proceeding. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.

Nothing in this section prevents either party from seeking relief in small claims court where available, seeking emergency injunctive relief for intellectual property or security issues, or contacting government regulators.

26. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles. For claims not subject to arbitration, the state and federal courts located in Delaware will have exclusive jurisdiction, and you consent to personal jurisdiction there.

27. Miscellaneous

These Terms, together with the Privacy Policy and any additional terms presented for specific features or purchases, form the entire agreement between you and InstaEvent regarding the Service. If any provision is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent. We may assign these Terms as part of a merger, acquisition, reorganization, sale of assets, change of control, or by operation of law.

28. Contact

InstaEvent Inc.
10755-F Scripps Poway Pkwy #472
San Diego, CA 92131, USA
support@instaevent.com
support@heybenson.com