The lawsuit was filed by the Instagram user, Lucy Funes.
Instagram has requested a US federal court to dismiss a lawsuit filed in December last year against changes in its terms of service.
The lawsuit was filed by the Instagram user, Lucy Funes, in the US District Court for the Northern District of California, San Francisco division.
According to Reuters, Instagram argued that the plaintiff, Lucy Funes, has no right to bring her claim because she could have deleted her Instagram account before the changes in the terms of service went into effect.
Funes filed her lawsuit on 21 December 2012, nearly a month before the new terms of service went into effect on 19 January. She continued to use her account after that day.
Last year, the company announced changes in the terms of service and said it had no intention of selling photos after its new terms and conditions sparked outrage among users.
In December 2012, the photo sharing service announced it will keep the same advertising section in its terms of service it had in 2010.