Terms of Service

Age: You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. Users under 13 are not permitted. Parents or guardians who believe a child has created an account should contact legal@instxnt.xyz.

Account creation: To use most features, you must create an account by providing an email address and OAuth credentials (currently supported: Google). You are responsible for keeping your password secure and for all activity under your account.

Seller onboarding: To publish a storefront and accept payments, you must:

• Create a Stripe account (or connect an existing one)
• Complete Stripe's identity verification (KYC/Know Your Customer requirements)
• Accept Stripe's Connected Account Agreement
• Be in good standing (no fraud history, payment disputes, or Stripe violations)

Restrictions: You may not use the Service if you are:

• Prohibited by law in your jurisdiction
• Listed on any government sanctions list (OFAC, EU sanctions, etc.)
• Previously banned or suspended from instxnt
• Operating under a false or deceptive identity

You own and control your storefront. You are fully responsible for:

• The accuracy, legality, and truthfulness of all product information, images, titles, descriptions, and pricing you provide or publish
• Ensuring you have the right to use all content (images, text, trademarks) on your storefront
• Compliance with all applicable laws, including consumer protection, advertising, and product safety laws
• All taxes, duties, and regulatory obligations (sales tax, income tax, permits, licenses, tariffs, import/export compliance)
• Payment of all platform fees and Stripe processing fees
• Fulfillment, shipping, returns, and customer service for products you sell
• Product quality, safety, and fitness for purpose
• Respecting third-party intellectual property (trademarks, patents, copyrights)

Dropshipping and Marketplace Resale

If you are running a dropshipping or white-label business:

• You must obtain explicit written permission from the supplier or original brand owner
• You must clearly disclose the product source (e.g., "Sourced from AliExpress") to comply with consumer protection laws (e.g., ROSCA)
• You may not use trademarks, logos, or brand names in a way that deceives consumers into thinking you are the manufacturer
• You are responsible for compliance with supplier terms, import/export laws, and consumer protection laws in your target markets

instxnt's intellectual property

The Service, including its software, design, templates, algorithms, documentation, and any original content created by instxnt, are the exclusive property of FROM AMERICA LLC and protected by copyright, trademark, and other laws. You may not copy, modify, distribute, or reverse-engineer the Service without written permission.

Your content license to us

When you upload, scrape, or publish content to instxnt (product titles, images, descriptions, etc.), you retain ownership of that content but grant instxnt a worldwide, royalty-free, perpetual, irrevocable license to:

• Host, display, and serve your storefront
• Create backups and cached copies for operational purposes
• Analyze usage data and improve the Service
• Comply with legal obligations and enforce these Terms

You may revoke this license by deleting your content or account, but cached or archived copies may persist.

User-generated content responsibility

You are solely responsible for ensuring that all content you upload does not infringe third-party intellectual property rights. instxnt does not verify ownership or licenses. If third parties claim infringement, you must resolve the dispute directly; instxnt may remove content without liability upon receipt of valid legal notice (see DMCA Policy below).

Stripe is our payment processor. All payments are processed through Stripe. By using the Service, you agree to Stripe's Services Agreement and Privacy Policy, which are incorporated by reference.

Seller payouts

When a customer purchases from your storefront:

1. The customer's payment card is charged by Stripe
2. Stripe deducts payment processing fees (~2.9% + $0.30 in the US, varies by region)
3. instxnt charges a flat $19/mo subscription (0% platform fee per sale)
4. The remainder is transferred to your connected Stripe account and then to your bank account

Payouts typically occur 2-5 business days after the transaction, depending on your bank and Stripe settings. instxnt is not responsible for delays beyond Stripe's control.

Buyer payment data

instxnt does not collect, process, or store full credit card numbers. All payment card data is securely processed by Stripe and subject to Stripe's PCI compliance standards. You must not attempt to capture payment card information outside of Stripe.

Subscription and Fees

instxnt charges a monthly subscription fee of $19 USD. There is no free tier or free trial. Subscriptions renew automatically. No transaction fees are charged by instxnt beyond the subscription fee.

Disputes, chargebacks, and holds

If a customer disputes or reverses a transaction (chargeback), Stripe may recover the amount from your account. instxnt may also temporarily hold payouts pending investigation of suspected fraud or policy violations. If your account has more than 5 chargebacks in a 90-day period, Stripe (not instxnt) may restrict or terminate your account.

instxnt may use third-party AI services (currently Anthropic Claude) to generate product descriptions, marketing copy, and storefront layouts based on product information you provide.

Your responsibility for AI output

AI-generated content is provided on an "as-is" basis. You are responsible for:

• Reviewing and verifying all AI-generated content for accuracy and compliance with law
• Ensuring generated descriptions do not make false claims about products
• Complying with FTC guidelines on endorsements and testimonials (if the AI generates these)
• Removing or correcting inaccurate AI output before publishing

AI training and data use

When you use AI generation features, product information and images you provide may be sent to Anthropic Claude for processing. Anthropic's use of this data is governed by Anthropic's Privacy Policy. Anthropic does not use customer content to train models (per their public policy), but you should review Anthropic's latest terms. instxnt does not share content with other AI providers without your explicit consent.

Ownership of AI output

You own the AI-generated content instxnt produces using your inputs. instxnt and Anthropic disclaim copyright claims to AI outputs. However, if AI output infringes a third party's copyright, you are liable, not instxnt.

Your use of instxnt is governed by our Privacy Policy (see privacy policy). Please review it for details on data collection, storage, and third-party sharing.

Seller customer data

As a seller, you collect customer data (email, shipping address, payment method from Stripe). You are the data controller and are responsible for:

• Providing a privacy policy to customers
• Complying with privacy laws (GDPR, CCPA, COPPA, etc.)
• Not selling or sharing customer data without consent

instxnt may act as a data processor when we store or transmit customer data on your behalf (e.g., via email for order notifications). We will sign a Data Processing Addendum (DPA) on request for EU/UK sellers.

Push notifications (iOS)

If you enable push notifications, customer device tokens are stored and used only to send notifications about their purchases. Customers may disable notifications in iOS settings. You are responsible for obtaining customer consent before sending notifications and for complying with Apple's notification guidelines.

Sales tax / VAT

You are responsible for collecting and remitting sales tax and VAT. instxnt does not calculate or collect sales tax on your behalf (unless required by law and explicitly configured in your account). You must:

• Determine your sales tax obligations in each jurisdiction where you have nexus
• Collect appropriate taxes from customers
• File tax returns and remit payments on time

Income tax and business licenses

You must report all income from storefront sales to relevant tax authorities. You may need to obtain business licenses, permits, or merchant registrations depending on your jurisdiction and products. instxnt provides no tax, accounting, or legal advice; consult a qualified tax professional.

Consumer protection laws

You must comply with consumer protection laws, including:

• ROSCA (Restore Online Shoppers Confidence Act, US): Clear disclosure of terms before charging, easy cancellation (if subscription), and compliance with cooling-off periods.
• FTC Act Section 5: No unfair or deceptive practices; accurate product claims.
• GDPR (EU/UK): Lawful basis for data processing, right to be forgotten, data subject requests.
• CCPA (California): Consumer data rights, privacy policy requirements, opt-out for data sales.
• CAN-SPAM (US): If you send marketing emails, include unsubscribe mechanism and accurate sender info.

instxnt may suspend, restrict, or terminate your account at any time, with or without notice, if:

• You violate these Terms or our Acceptable Use Policy
• You engage in fraud, illegal activity, or high-risk behavior
• Your Stripe account is restricted or terminated
• You exceed rate limits or abuse the Service
• You are banned by Stripe or payment processors for policy violations
• You have excessive chargebacks (typically >5 in 90 days, Stripe threshold)
• instxnt reasonably believes you pose a risk to other users or the platform

Effects of termination:

• Your storefront(s) will be unpublished and inaccessible
• You may lose access to your account data and content
• Pending payouts may be forfeited or held per Stripe's policies
• You may be permanently banned from instxnt

Data retention after termination: instxnt may retain your account data for up to 3 years for fraud prevention, legal compliance, and tax purposes, then delete it.

instxnt respects intellectual property rights. If you believe that content on instxnt infringes your copyright, you may submit a DMCA (Digital Millennium Copyright Act) notice. See our DMCA Policy for detailed procedures.

Copyright Agent: copyright@instxnt.xyz

Note: Misrepresenting infringement in a DMCA notice can result in legal liability for damages.

Governing law

These Terms are governed by and construed in accordance with the laws of the state of Delaware, USA, without regard to conflict-of-law principles. However, if you are located in the EU/UK, your consumer rights under local law apply.

Binding arbitration (except where prohibited)

Except where prohibited by law, you and instxnt agree that any dispute arising from 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. This means:

• You waive the right to a jury trial
• You waive the right to sue in court (except small claims court)
• A neutral arbitrator will hear the dispute, not a judge
• The arbitrator's decision is binding and enforceable

Opt-out: If you do not agree to arbitration, you may opt out within 30 days of first accepting these Terms by emailing legal@instxnt.xyz with your name and email address.

Small claims court exception

You may pursue claims in small claims court if the claim is within that court's jurisdictional limits.

Informal resolution

Before initiating arbitration or legal action, please contact support@instxnt.xyz to try resolving the dispute informally.