Facebook-owned photo-sharing application Instagram is hoping to share in the court success enjoyed by its parent company Wednesday, asking the U.S. District Court, Northern District of California in San Francisco to dismiss a proposed class-action lawsuit over its revised terms of service.

According to Reuters, Instagram argued that the plaintiff, Lucy Funes, has no right to file her claim because she had the option of deleting her account before the new terms of service took effect.

Instagram told the court Funes filed her lawsuit Dec. 21, and continued to use her account after that date, while the new terms of service did not take effect until Jan. 19, Reuters reported.

Funes’ claims that the new terms of service required that she forfeit her rights to her photos to Instagram were also addressed, with Instagram telling the court that both its old and new terms of service “emphasize that she owns the content she posts through Instagram’s service.”

Readers: Does Funes have a legitimate claim?