Instamall - Consumer Terms and Conditions

Effective: September 24, 2025
Entity: Instamall, LLC
Address: 38 NW 24th Street, Miami, FL 33127

PLEASE READ THESE CONSUMER TERMS AND CONDITIONS CAREFULLY. THESE CONSUMER TERMS AND CONDITIONS ("AGREEMENT," "TERMS AND CONDITIONS," or "TERMS") CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND INSTAMALL (AS DEFINED BELOW).

SECTION 14 OF THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. IN PARTICULAR, SECTION 14 SETS FORTH OUR ARBITRATION AGREEMENT WHICH WILL REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO ARBITRATION, WITH LIMITED EXCEPTIONS (E.G., CLAIMS THAT CANNOT BE ARBITRATED UNDER APPLICABLE LAW). UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AND TO THE EXTENT PERMITTED BY LAW: (1) YOU MAY PURSUE CLAIMS AND SEEK RELIEF AGAINST US ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION; AND (2) YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL.

Table of Contents

1. Application of this Agreement

This Agreement governs your access to and use of the Technology and Services (each as defined below) and is between you and Instamall, LLC and its subsidiaries and affiliated companies (collectively, "Instamall," "we," "us," or "our"). This Agreement applies to United States consumers and orders only. If we later offer Services in other countries or territories, region‑specific terms may supplement these Terms.

“United States Consumer” means your primary residence is in the United States.

“United States Order” means you have selected a delivery or pickup address in the United States.

2. Acceptance of this Agreement

Instamall operates an online marketplace and connection platform to (a) broker the exchange of goods among you and independent retailers, boutiques, brands, and other businesses (“Retailers”), and independent third‑party couriers or delivery networks (“Couriers”); and (b) provide you with access to information on the Services. Instamall’s Technology permits consumers to place orders for fashion and other retail goods from Retailers, either for delivery or pickup, and/or request related services from Retailers. If a delivery order is made, Instamall uses the Technology to notify Couriers (or, for certain orders, Retailers) that a delivery opportunity is available and to facilitate completion of the delivery to you. If a pickup order is made, Instamall uses the Technology to communicate with you regarding pickup. Instamall is not a merchant, retailer, delivery service, or goods preparation business.

If you access www.instamall.co, install or use the Instamall mobile application, install or use any other technology supplied by Instamall (collectively, the “Technology”), access or use any function, feature, or service made available or enabled by Instamall (collectively, the “Services,” which includes the Technology), click or tap a button or take similar action to signify your acceptance of this Agreement, or complete the Instamall account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) represent and warrant that: (a) you have read, understand, and agree to be bound by this Agreement and any future amendments and additions as published from time to time at www.instamall.co/terms/ or through the Technology; (b) you are of legal age in your jurisdiction to form a binding contract with Instamall; and (c) you have the authority to enter into the Agreement personally and, if applicable, on behalf of any organization for whom you create an account and to bind such organization to the Agreement.

Features may vary by geography and may require the latest version of our app. If you do not agree to be bound by this Agreement, you may not access or use the Services.

3. Modifications

Instamall may modify this Agreement or its policies relating to the Technology or Services at any time, effective upon posting an updated version at www.instamall.co/terms/ or through the Technology. If we make material changes, we will notify you by email or another reasonable method. Your continued use after changes become effective constitutes acceptance. If you do not agree, stop using the Technology and Services.

4. Additional Terms and Policies

By using the Services, you agree to this Agreement and acknowledge and agree to the collection, use, and disclosure of your personal information in accordance with Instamall’s Privacy Policy, which is incorporated by reference. You also agree to any additional Instamall terms or policies for Users that are published on our website or mobile application. Certain features (e.g., promotions, referrals, stored value, or subscriptions) may be subject to additional terms, which are incorporated by reference.

If you use the Instamall Developer Portal, you also accept and agree to the Developer Portal Technology License & Terms of Use. If there’s a conflict between those terms and this Agreement, those terms control for the Developer Portal.

SMS vs. Email Consent. Instamall maintains separate terms and disclosures for marketing SMS/MMS (Section 24), distinct from email and push notifications.

5. Rules and Prohibitions

By using or accessing the Services, you agree that:

(a) You will use the Services only for lawful purposes and not under false pretenses or for sending or storing any unlawful material or for deceptive or fraudulent purposes.
(b) You will comply with applicable laws, including intellectual property and privacy rights.
(c) You will use only means explicitly authorized by Instamall to access the Services and ensure you download the correct app for your device.
(d) You will not use or attempt to use another User’s account, impersonate any person or entity, or forge headers or identifiers.
(e) You will not use the Services to cause nuisance, annoyance, or inconvenience.
(f) You will not use content accessible through the Services for any commercial purpose (including contacting, soliciting, or selling to any Retailer, User, or Courier) unless Instamall has given you prior written permission.
(g) You will not use the Services or content accessible through them to develop or train any machine learning or artificial intelligence system without Instamall’s prior written consent.
(h) You will not copy or distribute the Technology or content displayed through the Services (including reviews or product catalogs) for republication.
(i) You will not create or compile, directly or indirectly, any collection or directory from Service content except for personal, noncommercial use.
(j) The information you provide to us is accurate; you will promptly update changes and provide reasonable proof of identity upon request.
(k) You will keep your password and credentials secure and confidential.
(l) You will use the Technology and Services only for your own use and will not resell, license, or transfer them to a third party.
(m) You will not use the Services in any way that could damage, disable, overburden, or impair any Instamall server or network.
(n) You will not attempt to gain unauthorized access to any part of the Technology, Services, or related systems.
(o) You will not probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
(p) You will not use automated means to access or collect content or data from the Services unless Instamall has given you prior written consent.
(q) You will not deep‑link, scrape, copy, index, frame, or monitor our Services or websites using robots, spiders, scripts, crawlers, or similar tools.
(r) You will not engage in conduct that harms or threatens the safety of others.
(s) You will not engage in threatening, harassing, racist, sexist, or otherwise inappropriate behavior when using the Services and you agree to follow our Community Guidelines (if any).
(t) You will report errors, bugs, unauthorized access methods, or breaches of our intellectual property rights.
(u) You will not abuse promotional codes or credits (e.g., by redeeming multiple coupons at once or opening multiple accounts to benefit from first‑time offers).
(v) Your participation is for your sole personal or internal business use.
(w) You will not falsely claim that your order or items were missing, incorrect, defective, or never delivered; you agree to return any order mistakenly delivered to you if requested.
(x) You will not falsely dispute a charge or request a chargeback for any charge from or related to Instamall.
(y) You will not: (i) ask a Courier to purchase or deliver goods or perform services not ordered through the Instamall platform; or (ii) give or offer goods to a Courier related to your Instamall order.

We may suspend or deactivate your account or take other appropriate action if we determine you have breached these Terms. Where required by law, we will provide notice of any suspension or deactivation, including the reasons for our action.

6. Retailers and Couriers Are Independent

(a) Instamall provides the Services to connect you with independent Retailers and independent third‑party Couriers. Instamall is not a merchant, retailer, delivery service, or common carrier and has no responsibility or liability for the acts or omissions of any Retailer or Courier. Retailers are the sellers of the goods offered through the Services. Instamall facilitates the transmission of orders by Users to Retailers, including orders for pickup or delivery by Couriers and/or Retailers. Any delivery, pickup, or preparation times displayed are estimates and do not represent a promise or guarantee by Instamall. Instamall does not assess or guarantee the suitability, legality, or ability of any Courier or Retailer, and does not verify Retailers’ compliance with applicable laws.
You agree that goods are sold by the Retailer you select, title to the goods passes from the Retailer to you at the Retailer’s location, and, for delivery orders, the Courier and/or Retailer is directed by your instructions to transport the goods to your delivery location. Neither the Courier nor Instamall holds title to or acquires any ownership interest in any goods you order through the Services.
(b) Gift Cards & Stored Value. If Instamall sells closed‑loop gift cards or provides stored value or credits, the issuing entity and applicable terms will be identified in the Gift Card or Stored Value Terms (see Section 12(g)).

7. User Account

You may need an account to use parts of the Services. Provide accurate, current, and complete information and keep it updated. You are the sole authorized User of your account and are responsible for all activity under your account or through your device. Do not allow minors to use your account. If you suspect unauthorized use, notify Support immediately. Instamall may require or enable single sign‑on across Instamall properties. Do not create an account or use the Services if you have been previously removed or banned by Instamall.

8. User Content

(a) User Content. Instamall may provide interactive opportunities, including posting Ratings and Reviews, Feedback, photos, images, audio, video, or other content (collectively, “User Content”). You represent and warrant that you own or have rights to all User Content you submit and that it does not: (i) violate third‑party rights; (ii) contain false, misleading, defamatory, obscene, offensive, or abusive material; (iii) contain sexually explicit or violent content or images of weapons, illegal drugs, or hate symbols; (iv) contain unlawful material or relate to unlawful conduct; (v) solicit personal information or contain confidential or sensitive data; (vi) solicit money; (vii) contain professional advice; (viii) harm or harass; (ix) reflect negatively on Instamall; (x) tamper with our websites or Technology; (xi) otherwise result in civil or criminal liability; (xii) violate any law; or (xiii) violate this Agreement or our guidelines.
You grant Instamall (and our service providers) a perpetual, irrevocable, transferable, fully paid, royalty‑free, worldwide, sublicensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and otherwise use your User Content in connection with Instamall’s business in all forms now known or later developed, without notice or approval. You also grant Instamall a license to use your username, first name and last initial, profile photo (if available), and/or other profile information to attribute User Content. Instamall may monitor, moderate, remove, or decide not to display User Content in its sole discretion and may access, read, preserve, and disclose information as reasonably necessary to comply with law; enforce this Agreement; detect, prevent, or address fraud, security, or technical issues; respond to support requests; or protect rights, property, or safety. We may aggregate publicly viewable User Content and display it on your User profile, which you can choose to make public or restricted.
(b) Feedback. Suggestions, ideas, or proposals you submit (“Feedback”) are at your own risk and without obligations of confidentiality. You grant Instamall a perpetual, irrevocable, transferable, fully paid, royalty‑free, worldwide, sublicensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and otherwise use such Feedback.
(c) Ratings and Reviews. Ratings and Reviews are User Content and not endorsed by Instamall. They must reflect your honest, first‑hand experience; you will not review Retailers for which you have an ownership interest, employment relationship, or other affiliation, or their competitors; and you will not submit Reviews in exchange for compensation or benefits. We may remove Reviews that diminish integrity or violate this Agreement. We may create summaries of Reviews using automated tools.

9. Communications with Instamall

By creating an account or using the Services, you agree to accept and receive communications from or on behalf of Instamall, Retailers, Couriers, partners, and/or third parties providing services to you or Instamall, including via email, text messages, calls, push notifications, in‑app messages, and chat, to the contact information you provide. You understand you may receive communications that are generated by an automatic telephone dialing system and/or deliver prerecorded or automated messages (including order updates). Message and data rates may apply; message frequency varies.

Opt‑Outs.

Email (marketing): Use the unsubscribe link in the message. Transactional emails may continue.
Texts (transactional): For certain transactional texts (e.g., order updates), you may manage preferences in your account or reply STOP to a message (note: some transactional texts may be necessary to complete orders).
Texts (marketing): See Section 24 for program‑specific opt‑out instructions.
Calls: Ask to be placed on Instamall’s internal do‑not‑call list during the call.
Push notifications: Manage in the mobile app settings.

To stop all communications, delete your account (we may still send legally required notices or messages about active orders). If your contact information changes, update your account to prevent messages from reaching others.

You authorize your wireless carrier to use or disclose information about your account and device to Instamall or its service provider to help identify you or your device and prevent fraud. See our Privacy Policy for details.

10. Electronic Records

By creating an account or using the Services, you consent to the use of electronic records and agree that all terms, notices, disclosures, and other communications Instamall provides electronically satisfy any legal requirement that such communications be in writing. Keep your contact information current. To view and retain a copy of this Agreement, you need a device with a web browser and Internet access and either a printer or storage space on such device.

11. Intellectual Property Ownership

Instamall (and its licensors) owns all right, title, and interest in and to the Technology and Services, including related intellectual property rights. This Agreement is not a sale and does not convey any ownership rights. Instamall names, logos, and product names associated with the Technology and Services are trademarks of Instamall or third parties; no right or license is granted to use them. Do not remove or alter proprietary notices.

12. Payment Terms

(a) Prices and Charges. Prices for items displayed may differ from in‑store or other online prices and may change at any time. Instamall and/or the Retailer may place a temporary authorization hold on your payment method for an amount that may be greater than the amount shown at checkout, then charge the final amount once confirmed by the Retailer. You are liable for all transaction taxes (other than taxes based on Instamall’s income) on the Services. If gratuity options are shown as a percentage, such percentage may be based on the subtotal before discounts or credits.
(b) Strikethrough Pricing (United States Orders). Instamall may use strikethrough pricing (e.g., to present a promotional price). A strikethrough price may represent a prior price offered by Instamall or the Retailer for some period of time and may vary by item; it may also represent an introductory price.
(c) Refunds. Charges for completed or Retailer‑confirmed orders are final and non‑refundable. Instamall has no obligation to provide refunds or credits but may do so at its sole discretion (including goodwill credits). You may be required to present identification or provide a signature upon pickup or delivery; failure to do so may result in a non‑refundable Undeliverable Item Fee and we will not honor claims that the order was not delivered.
(d) Promotional Offers. Instamall may make promotional offers with different features and pricing to any User. Offers may only be used by the intended audience, for the intended purpose, and in a lawful manner; may not be sold or transferred; are subject to terms; cannot be redeemed for cash; and are not valid after the date indicated. We may withhold or deduct credits or benefits, or charge additional amounts, if we determine redemption was in error, fraudulent, illegal, or in violation of the offer terms or this Agreement. We may modify or cancel offers at any time.
(e) Instamall Credits. Instamall may provide credits that can be used for the Services. Credits are not redeemable for cash except when required by law and may expire as stated. Some credits are gratuitous (e.g., promotional or support credits) and may expire six (6) months from issuance unless prohibited by law (“Gratuitous Credits”). Upon expiration or account deactivation, Gratuitous Credits may be removed.
(f) Fees for Services. Instamall may charge fees including delivery, service, small order, regulatory response, surge, or other fees. Fees may vary based on geography, time, and other factors and are disclosed at checkout. None of these fees are for any right to access, install, or use the Technology.
(g) Gift Cards & Purchased Credits (If Offered). If Instamall offers gift cards or purchased credits, the Gift Card Terms or Purchased Credits Terms will apply (incorporated here by reference). Gift cards and purchased credits are not redeemable for cash except where required by law. Once redeemed, gift card amounts convert to credits linked to your account.
(h) Checkout Merchants. Where Instamall facilitates checkout with a third‑party merchant outside of the Instamall platform, we may share information (e.g., loyalty status, payment method, billing and contact info) with that merchant to facilitate the transaction. The merchant’s terms and privacy policy govern that transaction; Instamall is not a party to it.

13. Instapass Subscriptions (If Offered)

Auto‑Renewal. Instapass is an automatically renewing subscription requiring recurring payments until canceled. Benefits may include reduced fees on eligible orders from eligible Retailers with a minimum subtotal (excluding taxes, fees, and tips). Benefits and eligible Retailers may change.

Billing & Cancellation. Instapass may be offered monthly or annually. You authorize Instamall and its service providers to store and charge your payment method for renewals at the then‑current fee plus taxes, unless you cancel at least one (1) day before renewal. We may change fees or features with notice and an opportunity to cancel. If any subscription fee is not paid or your transaction cannot be processed, we may suspend or cancel your Instapass.

Trials & Promotions. Trial or promotional subscriptions (if offered) are subject to their terms. After a trial ends, the subscription converts to a paid plan unless canceled before the end of the trial.

14. Arbitration Agreement

THIS SECTION 14 SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.” PLEASE READ CAREFULLY.

(a) Scope. To the fullest extent permitted by law, you and Instamall agree that any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Services (collectively, “Disputes”) will be resolved by binding arbitration on an individual basis, rather than in court, except that either party may seek relief in small claims court for qualifying claims and may seek injunctive or other equitable relief in court to prevent the actual or threatened misuse or infringement of intellectual property rights. This Arbitration Agreement applies to Disputes that arose or were asserted before the effective date of this Agreement.
(b) Informal Resolution. Before either party commences arbitration, the initiating party must send the other a written notice describing the Dispute and attempt to resolve it informally via a good‑faith phone or video conference within 60 days. Send notices to legal@instamall.co with the subject “Pre‑Arbitration Notice,” including your name, the phone number and email associated with your account, and a description of your claim. Limitations periods and filing deadlines are tolled while the parties engage in this process. An arbitration filed without full compliance with this process may be dismissed.
(c) Rules & Forum. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect (the “AAA Rules”) and as modified by this Section. If AAA is unavailable, the parties will select a reputable alternative; if they cannot agree, either party may ask a court to appoint an administrator under 9 U.S.C. § 5. The arbitrator has exclusive authority to resolve all Disputes, including arbitrability, except that a court (not an arbitrator) decides the enforceability of the class‑action waiver in Section 14(e) and any mass‑filing protocol. Hearings may occur by video unless the arbitrator finds an in‑person hearing necessary. The seat and venue of arbitration is Miami‑Dade County, Florida.
(d) Fees. Instamall will pay the portion of initial filing fees (if any) that exceed the amount you would pay to file in a court of competent jurisdiction. If the arbitrator finds you cannot afford fees and cannot obtain a waiver, Instamall will pay them. Fee‑shifting sanctions may apply if a claim is found frivolous under applicable standards.
(e) Waiver of Class, Consolidated, and Representative Actions. Disputes must be arbitrated on an individual basis. NEITHER YOU NOR INSTAMALL MAY BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. If a court determines that this waiver is unenforceable as to a particular claim, that claim must be litigated in court and the remainder arbitrated.
(f) Mass‑Filing Protocol. If 100 or more substantially similar arbitration demands are presented by or with the same counsel within a 30‑day period, the AAA Mass Arbitration Supplementary Rules (or a mutually agreed reasonable batching process) will apply for administrative efficiency (e.g., staged bellwethers, grouped case management, and fee allocations) while preserving each claimant’s right to an individual merits decision.
(g) Opt‑Out. You may opt out of this Arbitration Agreement by sending a written notice to optout@instamall.co within 30 days of first accepting these Terms. Include your name, account email and phone, and a clear statement that you wish to opt out of arbitration. Opting out does not affect other terms.
(h) Governing Law & Survival. This Arbitration Agreement is governed by the Federal Arbitration Act (FAA) and survives termination of your account or these Terms.

15. Third‑Party Interactions

The Services may contain links to third‑party websites, applications, or advertisements (collectively, “Third‑Party Properties”). Instamall does not control or endorse Third‑Party Properties and is not responsible for their content or practices. Review their terms and privacy policies before engaging. Your dealings with third parties are solely between you and the third party.

16. Transactions Involving Age‑Restricted Products

Some Retailers may offer age‑restricted products (e.g., certain tools or materials). You agree that you (or the intended recipient) are of legal age to purchase such items. Upon delivery or pickup, the recipient may be required to present valid government‑issued identification. Couriers/Retailers may refuse delivery or pickup in accordance with applicable law (e.g., if valid ID is not presented or recipient is not present). If delivery or pickup cannot be completed, your purchase may be non‑refundable and you may be charged a non‑refundable Undeliverable Item Fee.

17. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Instamall and its officers, directors, employees, agents, and affiliates from and against losses, claims, actions, damages, penalties, fines, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your User Content; (b) your misuse of the Technology or Services; (c) your breach of this Agreement; or (d) your violation of law. This Section does not require you to indemnify Instamall for Instamall’s willful misconduct or fraud. This Section survives termination.

18. Disclaimer of Warranties

YOUR USE OF THE TECHNOLOGY AND SERVICES IS AT YOUR OWN RISK. THE TECHNOLOGY AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. INSTAMALL DOES NOT WARRANT THAT THE TECHNOLOGY OR SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE OR THAT CONTENT IS ACCURATE, COMPLETE, OR CURRENT.

19. Internet Delays

The Technology and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Instamall is not responsible for delays, delivery failures, damage, loss, or other harm resulting from such problems.

20. Breach and Limitation of Liability

(a) Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, INSTAMALL’S AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF: (i) THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO INSTAMALL IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (ii) $100.
(b) Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, INSTAMALL SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, LOSS OF DATA, GOODWILL, REVENUE, USE, OR OTHER ECONOMIC ADVANTAGE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow certain limitations; the above applies to the maximum extent permitted.

21. Exclusive Venue

To the extent a claim may be brought in court consistent with Section 14, both you and Instamall agree that all such claims and disputes will be litigated exclusively in the state or federal courts located in Miami‑Dade County, Florida, and you and Instamall consent to personal jurisdiction there.

22. Termination

If you violate this Agreement, Instamall may respond based on factors including the seriousness of your actions and any pattern of harmful behavior. Instamall may modify or discontinue the Technology or Services, or may suspend or terminate your access, for any reason, with or without notice and without liability. Where required by law, we will provide notice of any suspension or termination, including the reasons. Sections that by their nature should survive (including payments, IP, disclaimers, limitations, and dispute resolution) survive termination.

23. Procedure for Making Claims of Copyright Infringement

It is Instamall’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification by the copyright owner or its agent. If you believe your work has been copied on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (d) your address, telephone number, and email address; (e) a statement that you have a good‑faith belief the disputed use is not authorized; and (f) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner. Send notices to: Instamall, LLC, Attn: DMCA Agent, 38 NW 24th Street, Miami, FL 33127 or dmca@instamall.co.

24. Consumer Marketing Text Messages (United States Consumers Only)

This Section applies only if you separately opt in to receive marketing texts from Instamall (the "Instamall Alerts" program).

Program Description. With your express consent, we send recurring automated marketing SMS/MMS messages (for example, promotions, drops, and cart reminders) to the mobile number you provide. No purchase is required to opt in. Message frequency varies. Message & data rates may apply.

How to Opt In. You may opt in via online forms, in‑app toggles, checkout flows, keyword campaigns, or other mechanisms we make available. By opting in, you represent you are the subscriber or customary user of the number and are authorized to opt in.

How to Opt Out. Reply STOP to any Instamall marketing message to cancel. You may receive one additional text confirming your opt‑out. Transactional texts (e.g., order updates) may continue where permitted by law. For help, reply HELP to any message or contact support@instamall.co.

Carriers. Wireless carriers are not liable for delayed or undelivered messages. Delivery is subject to carrier capabilities and participation.

Privacy. See our Privacy Policy for how we collect and use information.

Changes. We may change or end the program at any time. We will honor applicable law and your opt‑out preferences.

25. General

(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, Instamall, or any third‑party provider as a result of this Agreement or your use of the Technology or Services.
(b) Choice of Law. Except as preempted by the FAA, this Agreement is governed by the laws of the State of Florida, without regard to conflict‑of‑laws rules.
(c) Severability. If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.
(d) No Waiver. A delay or failure to enforce any provision shall not be a waiver of that provision.
(e) Consumer Complaints. If you have a complaint about the Services, please visit our Customer Support page or email support@instamall.co. California residents may contact the Consumer Information Division of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or (800) 952‑5210.
(f) Accessing and Downloading the App from the Apple App Store. The following applies to any Technology accessed through or downloaded from the Apple App Store: (i) this Agreement is between you and Instamall only, not Apple; (ii) Apple has no obligation to furnish maintenance or support; (iii) in the event of any failure of the app to conform to any applicable warranty, you may notify Apple for a refund of the purchase price (if any); and (iv) Apple and its subsidiaries are third‑party beneficiaries of this Agreement as related to your license of the app.
(g) Notice. You are responsible for providing your most current email address. If the last email address you provided is not valid or capable of receiving notices, our dispatch of the email containing such notice will nonetheless constitute effective notice. We may provide notices electronically (e.g., email, in‑app, or posting). You agree you can store such electronic communications in an unchanged form.
(h) Transfer and Assignment. You may not assign this Agreement; Instamall may assign it without restriction. This Agreement binds and benefits the parties and their permitted successors and assigns.
(i) Currency. Unless otherwise indicated, all prices and amounts are in U.S. Dollars (USD).
(j) Use Only Where Legally Allowed. Do not access or use any portion of the Services if you are not legally allowed to do so where you are located.
(k) Subcontracting. Instamall may subcontract any of its obligations under this Agreement without your prior written consent.
(l) Variation of Websites or Technology. We may vary, modify, or discontinue any or all of our websites or Technology, temporarily or permanently.
(m) Language. The official language of these Terms is English. Any translation is provided as a courtesy; the English version controls.
(n) Entire Agreement. This Agreement, together with incorporated policies and terms, is the final, complete, and exclusive agreement between you and Instamall regarding the Services and supersedes prior discussions on the subject matter.

26. Contact Information

Instamall, LLC

Address: 38 NW 24th Street, Miami, FL 33127

Support: support@instamall.co

Legal: legal@instamall.co

Phone: +1 (561) 699‑9941

Instamall Cash / Credits / Gift Cards — Terms

Last updated: September 24, 2025

Instamall Cash is a stored balance in your account usable for eligible purchases on Instamall.

Funding & redemption. Add funds via card/Apple/Google Pay; redeem at checkout. Not transferable.
No expiration. Promotional credits may have separate expiration.
Not a bank account. Instamall Cash is not FDIC-insured, does notearn interest, and may be used by Instamall as working capital.
No cash-out / no P2P. Except where required by law, balances are not redeemable for cash and cannot be transferred P2P.
Escheat.Unused balances may be escheated to your state per unclaimed property laws after the statutory dormancy period.
Fraud & freezes. We may suspend or decline redemption for suspected fraud, chargebacks, or legal reasons.
Gift Cards. Digital gift codes issued by Instamall are single-use or reloadable per offer terms; non-refundable except as required by law.

Promotions, Referrals & Loyalty — Terms

Last updated: September 24, 2025

Promotions and referral rewards are subject to the specific offer terms and these rules.
Unless stated otherwise, one promotion per order; non-transferable; no cash value.
Geographic, user, or inventory limits may apply.
We may disable benefits for abuse, fraud, self-referrals, resale, or returns.
If an order is canceled or refunded, promotional value is not reinstated unless required by law.

SMS/Email/WhatsApp — Terms (TCPA/CTIA)

Last updated: September 24, 2025

By opting in, you agree to receive marketing messages from Instamall at the provided contact details. Msg & data rates may apply. Frequency varies. Consent is not required to buy.

Text STOP to opt out; HELP for help.
We sendtransactional messages (order, delivery, password, security) regardless of marketing opt-in.
Carriers arenot liable for delayed or undelivered messages.
Help contact: sms@instamall.co

Retailer (Merchant) Terms — Public Summary

Last updated: September 24, 2025

1. Role & taxes. Merchant remains the seller of record. Where applicable, Instamall acts as a Marketplace Facilitator for sales tax collection and remittance; otherwise the Merchant is responsible for taxes.

2. Stripe Connect. Payouts require onboarding to Stripe Connect and acceptance of the Stripe Services Agreement and Connected Account Agreement. Merchant authorizes Instamall/Stripe to collect payments, place reserves, offset refunds/fees/chargebacks, and suspend payouts for risk/compliance. Accurate KYC and bank info required.

3. Order acceptance & fulfillment. Accept or decline orders promptly per SLA; pack accurately; include receipts as required. Title and risk of loss pass to the shopper upon courier PoD (or at in-store pickup handoff).

4. Returns & support. Merchant posts and honors clear return policies and is responsible for product quality, authenticity, labeling, and compliance.

5. Compliance & product warnings (Prop 65). Merchant will provide all required warnings/disclosures (including California Proposition 65 where applicable) and ensure regulatory compliance for products.

6. Content, IP, and publicity license. Merchant grants Instamall a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use Merchant’s name, trademarks, logos, product images, lookbooks, videos, editorial copy, and other brand materials (“Brand Assets”) to list, market, advertise, and promote Merchant and its products on and off the Services, across any media (including press releases and media pitches, earned and paid social, display/search ads including bidding on brand terms unless Merchant opts out in writing, email, PR, OOH, influencer/creator content, co-branded campaigns, app/web merchandising, case studies, event materials, and investor communications). Instamall may format/crop/resize and create non-misleading derivative works as reasonably necessary. Merchant authorizes Instamall to publicly identify Merchant as a participating retailer. A limited license survives for 6 months post-termination to wind down in-flight campaigns.

6A. Pre-signup identification & public images. Prior to onboarding, Instamall may create a non-sponsored brand/store preview page for discovery using publicly available Brand Assets collected from Public Source Data. Upon onboarding, Merchant ratifies such use and Section 6 applies retroactively. If Merchant does not onboard and requests removal, Instamall will make commercially reasonable efforts to remove the preview.

7. Data use. Instamall may share order and customer data needed for fulfillment, support, analytics, and cohort marketing subject to law and shopper choices (including opt-outs of sale/sharing). Merchant will use Instamall-provided data only for the transaction and in compliance with law; no independent profiling without consent.

8. Fees. As agreed in the onboarding order form (e.g., delivery commission up to 15%; pickup service fees; caps may apply). Instamall may adjust fees with notice.

8A. Price parity (MFN). No MFN requirement. Merchant may set channel-specific pricing. Instamall may flag extreme discrepancies that create customer confusion.

9. Prohibited items. Counterfeit, illegal, unsafe, or recalled goods; items requiring special transport not supported by couriers. Restricted items (e.g., certain perfumes/aerosols) only if permitted by carriers/law.

10. Insurance & product liability. Merchant remains solely responsible for product quality and product liability, and agrees to maintain commercially reasonable product liability insurance and provide proof upon request. Courier/carrier insurance arranged through Delivery Solutions covers only delivery-related risks and is not a substitute for Merchant insurance.

11. Indemnity & limits. Merchant will defend and indemnify Instamall for claims arising from Merchant’s products, content, or law violations. Instamall’s limitation of liability applies as in the shopper Terms.

(Full Merchant Agreement provided during onboarding.)

Data Processing Addendum (Merchant/Partner) — Summary

Last updated: September 24, 2025

Roles. For shopper data the Merchant provides to Instamall for fulfillment/support, Merchant is the controller/business and Instamall is the processor/service provider. For Instamall’s direct interactions with shoppers, Instamall may act as an independent controller.

Processing. Purpose-limited to order routing, fulfillment, support, analytics, fraud prevention, and service improvements. No sale/sharing by Instamall of Merchant-provided data except as permitted by law and consumer choices.

Sub-processors. Instamall may engage sub-processors under written contracts with equivalent protections. We provide reasonable advance notice of material changes.

Security. Appropriate technical/organizational measures (encryption in transit, access controls, logging, vulnerability management).

Data subject requests. We will assist Merchant in responding to access/correction/deletion requests and promptly notify Merchant of relevant requests.

Breach. We will notify Merchant without undue delay of a personal-data breach affecting Merchant data and provide information to assist with notifications.

Deletion/return. Upon termination, we will delete or return personal data per Merchant instruction unless retention is required by law.

International transfers. If data is transferred cross-border, appropriate safeguards (e.g., SCCs/UK Addendum) will be used.

Audits. Upon reasonable notice, Instamall will make available information necessary to demonstrate compliance and allow audits once per 12 months, subject to confidentiality and security.

CCPA/CPRA service-provider terms. Instamall certifies it will not retain, use, or disclose personal information for any purpose other than providing the Services, nor combine it with personal information received from other sources, unless permitted by law.

Sub-processors & Third-Party Services (Overview)

Last updated: September 24, 2025

We use vetted service providers to operate Instamall (e.g., payments, authentication, delivery orchestration, analytics, marketing automation, cloud hosting). A current list of sub-processors is available to merchants upon request and via the onboarding portal, and we will provide reasonable advance notice of material changes pursuant to the DPA. Couriers (e.g., DoorDash, Uber Direct, Roadie) act as independent controllers for their own operations.

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