Terms of Service

Last Updated: December 23, 2025

1. Agreement to Terms

By accessing or using InstantServe's delivery services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

InstantServe provides on-demand delivery services accessible through WhatsApp messaging. Our Service connects customers with delivery drivers to transport packages, documents, and items from one location to another.

3. Eligibility

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you meet this age requirement.

4. Account and Registration

• You access our Service through your WhatsApp account
• You are responsible for maintaining the confidentiality of your account
• You are responsible for all activities that occur under your account
• You must provide accurate and complete information
• You must notify us immediately of any unauthorized use of your account

5. Orders and Deliveries

5.1 Placing Orders

• Orders are placed via WhatsApp by providing required delivery information
• You must provide accurate pickup and delivery addresses
• You must provide valid recipient contact information
• You are responsible for the accuracy of all information provided

5.2 Order Acceptance

• We reserve the right to refuse or cancel any order
• Order confirmation does not guarantee delivery completion
• We may cancel orders for prohibited items or illegal purposes

5.3 Prohibited Items

The following items are strictly prohibited:

• Illegal drugs or controlled substances
• Weapons, firearms, or explosives
• Hazardous materials or dangerous goods
• Perishable items requiring special handling (unless pre-arranged)
• Live animals
• Stolen goods or counterfeit items
• Items that violate any laws or regulations

6. Pricing and Payment

6.1 Fees

• Delivery fees are calculated based on distance, time, and other factors
• Prices are provided as estimates and may vary
• Night surcharges may apply between 9 PM and 7 AM
• Additional fees may apply for special requests or circumstances

6.2 Payment

• Payment is required before delivery completion
• We accept payment methods as indicated in the app
• All payments are processed securely through third-party providers
• You authorize us to charge your payment method for all fees

6.3 Refunds

• Refunds are issued at our discretion
• Refund requests must be made within 48 hours of delivery
• No refunds for completed deliveries unless service failure is proven

7. Cancellation Policy

• You may cancel orders before driver assignment without penalty
• Cancellations after driver assignment may incur a cancellation fee
• We reserve the right to cancel orders for any valid reason

8. Delivery Terms

8.1 Delivery Times

• Delivery time estimates are approximate and not guaranteed
• We are not liable for delays due to traffic, weather, or unforeseen circumstances

8.2 Failed Deliveries

• If recipient is unavailable, driver will attempt to contact
• After reasonable attempts, items may be returned (return fees apply)
• You are responsible for providing accurate recipient information

8.3 Package Condition

• Items must be properly packaged by the sender
• We are not liable for damage to improperly packaged items
• Damage claims must be reported immediately upon delivery

9. Liability and Disclaimers

9.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Our total liability is limited to the delivery fee paid for the specific order
• We are not liable for indirect, incidental, or consequential damages
• We are not liable for loss, damage, or delay of items valued over $100 unless insurance is purchased
• We are not liable for contents of packages (sender's responsibility)

9.2 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

10. User Responsibilities

You agree to:

• Provide accurate and truthful information
• Not use the Service for illegal purposes
• Not send prohibited items
• Treat drivers with respect and courtesy
• Be available for communication regarding your delivery
• Comply with all applicable laws and regulations

11. Insurance

• Basic coverage up to $100 is included for declared items
• Additional insurance is available for high-value items
• Insurance claims must be filed within 48 hours with proof of value

12. Intellectual Property

• All content, trademarks, and data on our Service are our property
• You may not use our intellectual property without permission
• You may not copy, modify, or distribute our Service content

13. Privacy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy to understand our data practices.

14. Termination

• We may suspend or terminate your access at any time for violations
• You may stop using the Service at any time
• Termination does not affect obligations for pending orders

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of Ontario, Canada.

15.2 Arbitration

Any disputes shall be resolved through binding arbitration rather than in court, except where prohibited by law.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes. Continued use of the Service after changes constitutes acceptance of the new Terms.

17. Contact Information

For questions about these Terms, contact us:

• Email: info@instantserve.app
• Phone: +1 (905) 718-2854
• Website: instantserve.app

18. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

19. Entire Agreement

These Terms constitute the entire agreement between you and InstantServe regarding the Service.

20. Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, strikes, or technical failures.