Terms of Service

1. Service Description

instxnt is a high-velocity storefront builder.

What we do: AI generation, image scraping, custom domains, and Stripe integration so you can launch and iterate quickly.

What we are not: A payment processor, merchant of record, or fulfillment service. You remain the merchant of record and hold all operational risk.

2. Eligibility

You must be at least 18 years old, have no fraud history, and not appear on any sanctions list.

Storefronts require: A verified Stripe account, completion of KYC checks, and ongoing compliance with Stripe policies.

3. Seller Responsibilities

You own your content and your business outcomes. You are responsible for legality, truthful marketing, taxes, fulfillment, and customer support.

Baseline compliance expectations

• Product quality, safety, and fitness for purpose
• Accurate and non-deceptive advertising claims
• Respecting third-party intellectual property
• Timely order fulfillment and customer care

Dropshipping and marketplace resale

If you run a dropshipping or white-label business:

• Obtain written permission from the supplier or original brand owner.
• Disclose your product source to comply with consumer protection laws (for example, ROSCA).
• Avoid using trademarks, logos, or brand names in ways that mislead consumers.
• Comply with supplier terms, import and export rules, and the consumer laws of each market you serve.

4. Prohibited Use

You may not use instxnt for the following. This list is illustrative, not exhaustive.

• Illegal products or services: Controlled substances, prescription medications without a license, weapons, explosives, or items intended to cause harm.
• Fraud or deception: Misleading product descriptions, counterfeit goods, bait-and-switch tactics, fake testimonials, or deceptive pricing.
• Intellectual property infringement: Selling counterfeit products, using trademarked names without authorization, or copying competitor content.
• Payment fraud: Card testing, dispute abuse, chargeback fraud, or using stolen payment methods.
• Multi-level marketing or pyramid schemes: Any scheme built around recruitment rather than legitimate product sales.
• Adult content: Pornography, sexual services, or content that sexualizes minors.
• Regulated industries: Unlicensed financial services, investment offers, insurance, healthcare, gambling, real estate, or alcohol sales without required licenses.
• Harassment or abuse: Threatening, defamatory, or hateful content targeting people or groups.
• Malware or hacking: Uploading malicious code, breaching security, or automating abuse of the service.
• Privacy violations: Collecting personal data without consent or selling customer data without authorization.

5. Intellectual Property

instxnt intellectual property

The service, including software, design, templates, algorithms, documentation, and original content, belongs to FROM AMERICA LLC. Copying, modifying, distributing, or reverse engineering without written permission is prohibited.

Your license to instxnt

When you upload, scrape, or publish content, you retain ownership but grant instxnt a worldwide, royalty-free, perpetual, irrevocable license to:

• Host, display, and serve your storefront content.
• Create backups and cached copies for operations.
• Analyze usage data to improve the service.
• Comply with legal duties and enforce these terms.

You may delete content or close your account, but cached or archived copies may persist.

User-generated content responsibility

You must ensure your content does not infringe third-party rights. instxnt does not verify ownership. Disputes must be handled directly, and instxnt may remove content upon valid legal notice.

6. Payment Processing and Stripe

Stripe is the payment processor. By using instxnt you agree to Stripe's Services Agreement and Privacy Policy.

Seller payouts

When a customer purchases from your storefront:

1. Stripe charges the customer's payment method.
2. Stripe deducts processing fees (typically 2.9% + $0.30 in the US; varies by region).
3. instxnt deducts platform fees based on your subscription tier (see below).
4. The remainder routes to your connected Stripe account and then to your bank.

Payout timing is typically two to five business days but depends on your bank and Stripe configuration.

Buyer payment data

instxnt never stores full card numbers. All card data flows through Stripe and stays under Stripe's PCI scope. Do not capture payment data outside Stripe.

Subscription tiers and fees

instxnt offers two pricing tiers:

• Free Tier: No monthly fee. instxnt charges 3% of each transaction amount as a platform fee in addition to Stripe processing fees. The 3% fee is calculated on the gross transaction amount before Stripe fees.
• Premium Tier: $19 USD per month, billed automatically. No per-transaction instxnt platform fee (0%). You still pay Stripe processing fees. Premium subscriptions auto-renew monthly until canceled.

You may upgrade or downgrade between tiers at any time. Changes take effect at the start of your next billing cycle. If you downgrade from Premium to Free, the 3% transaction fee applies to all sales processed after the change.

Disputes, chargebacks, and holds

Stripe may recover disputed funds from your account. instxnt may hold payouts during fraud reviews. If you exceed five chargebacks in 90 days, Stripe may limit or terminate your account.

Subscription cancellation and downgrades

You may cancel your Premium subscription at any time from your account settings. Cancellation takes effect at the end of your current billing cycle. You will not be charged for the next month. If you downgrade from Premium to Free tier mid-cycle, your subscription will transition at the next billing date.

If you have an outstanding invoice balance, you must pay it before downgrading. Canceling your subscription does not delete your account data—you may reactivate or downgrade anytime.

7. AI-Generated Content

instxnt uses third-party AI (currently Anthropic Claude) to generate text and layouts based on your inputs.

Your responsibility for AI output

• Review and verify every AI-generated asset for accuracy and legal compliance.
• Ensure generated descriptions avoid false claims.
• Follow FTC endorsement guidance if AI generates testimonials.
• Edit or remove inaccurate AI output before publishing.

AI training and data use

Product information and images you supply may be sent to Anthropic for processing. Anthropic's privacy policy governs that use, and current policy states customer content is not used for training. instxnt will not share your content with other AI providers without consent.

Ownership of AI output

You own AI content generated from your inputs. instxnt and Anthropic disclaim ownership, but you remain liable if the output infringes third-party rights.

8. User Data and Privacy

Your use of instxnt is governed by the Privacy Policy. Review the policy at instxnt.xyz/legal/privacy for details on collection, storage, and sharing.

Seller customer data

As the seller you are the data controller for customer information (email, shipping, payment status). You must:

• Provide customers with a compliant privacy policy.
• Comply with privacy laws such as GDPR, CCPA, and COPPA.
• Avoid selling or sharing customer data without consent.

instxnt acts as a data processor only when storing or transmitting data on your behalf and can sign a Data Processing Addendum on request.

Push notifications (iOS)

Device tokens are stored solely to send transactional notifications. Obtain customer consent and comply with Apple's notification rules.

9. Taxes and Legal Compliance

Sales tax and VAT

You are responsible for tax calculation, collection, and remittance. instxnt does not collect taxes unless mandated and configured.

• Determine obligations in every jurisdiction where you have nexus.
• Collect the correct tax from customers.
• File returns and remit on schedule.

Income tax and licenses

Report storefront income to tax authorities and secure any required business licenses or permits. instxnt provides no tax, accounting, or legal advice.

Consumer protection laws

• ROSCA (US): Disclose terms before charging, provide easy cancellation, and honor cooling-off periods.
• FTC Act Section 5: Avoid unfair or deceptive practices; ensure marketing claims are accurate.
• GDPR (EU/UK): Maintain lawful bases, support data subject rights, and honor deletion requests.
• CCPA (California): Respect consumer privacy rights and opt-outs for data sales.
• CAN-SPAM (US): Include unsubscribe options and truthful sender information for marketing emails.

10. Warranties Disclaimer

11. Public Alpha Status and No SLA

12. Limitation of Liability

13. Indemnity

You agree to indemnify and hold harmless instxnt, FROM AMERICA LLC, and their teams from claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the service or violation of these terms.
• Your products, descriptions, or storefront content.
• Customer disputes, chargebacks, or legal claims tied to your sales.
• Intellectual property infringement tied to your content.
• Your failure to follow applicable laws.
• Claims that scraped content was misused.

14. Account Suspension and Termination

instxnt may suspend or terminate your account with or without notice if:

• You violate these terms or the Acceptable Use Policy.
• You engage in fraud, illegal activity, or high-risk behavior.
• Your Stripe account is limited or terminated.
• You exceed rate limits or abuse the platform.
• Payment processors ban you for policy violations.
• You accumulate more than five chargebacks in 90 days.
• instxnt determines you pose a risk to users or the platform.

Effects of termination

• Storefronts become unpublished and inaccessible.
• Access to account data and content may be removed.
• Pending payouts may be held or forfeited under Stripe policy.
• You may face a permanent ban from instxnt.

instxnt may retain account data for up to three years for fraud prevention, compliance, and tax purposes before deletion.

15. Copyright and DMCA Notice

instxnt respects intellectual property rights. To report infringement, submit a DMCA notice as described in the DMCA Policy at instxnt.xyz/legal/dmca.

Copyright agent: [email protected]

Submitting a false infringement claim can trigger liability for damages.

16. Dispute Resolution and Arbitration

Governing law

These terms follow Delaware law, excluding conflict-of-law principles. EU and UK consumers also retain mandatory local rights.

Binding arbitration (where permitted)

Except where prohibited by law, disputes will be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. By agreeing, you waive trial by jury and waive court actions outside small claims court. Arbitrator decisions are final and enforceable.

Opt-out: Email [email protected] within 30 days of accepting these terms to decline arbitration.

Small claims exception

You may pursue claims in small claims court if they fit within that court's limits.

Informal resolution

Contact [email protected] to attempt an informal resolution before filing arbitration or litigation.

17. Modifications to Terms

instxnt may modify these terms at any time. Material changes are communicated via email or in-app notice and update the Last Updated date. Continued use after notice means you accept the changes. If you disagree, close your account.

18. Entire Agreement

These terms, the Privacy Policy, DMCA Policy, and any other written agreements between you and instxnt form the entire agreement and replace prior understandings.

19. Contact Information