Terms & Conditions

Effective Date: March 10, 2026  |  Last Updated: March 10, 2026

1. Acceptance of Terms

By accessing or using Instamall’s website, mobile applications, APIs, or any related technology (collectively, the “Technology”) and the services made available through the Technology (collectively, the “Services”), you agree to be bound by 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 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. In the event of a conflict between this Agreement and feature-specific terms, the feature-specific terms control with respect to that feature.

If you do not agree to be bound by this Agreement, you may not access or use the Services.

2. Scope and Eligibility

Scope: This Agreement applies to United States consumers and orders only. “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. If we later offer Services in other countries or territories, region-specific terms may supplement these Terms.

Eligibility: To use the Services, you must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater), capable of forming a binding contract, and not barred from using the Services under applicable law.

3. About the Services; Role of Instamall

Instamall operates an online marketplace and connection platform that (a) enables you to browse, discover, and purchase fashion and other retail goods from independent retailers, boutiques, brands, and other businesses (“Retailers”); and (b) coordinates delivery of those goods through independent third-party delivery service providers (“Delivery Partners”).

IMPORTANT — PLEASE READ:

Instamall is a marketplace platform. We do not manufacture, produce, sell, warehouse, or control the quality, safety, legality, or availability of items listed by Retailers. Retailers are independent businesses responsible for their own products, pricing, descriptions, inventory accuracy, and fulfillment preparation.

Delivery is provided by independent third-party Delivery Partners. Couriers who deliver your orders are engaged by our Delivery Partners, not by Instamall. Couriers are not employees, agents, or independent contractors of Instamall. Our Delivery Partners are responsible for courier screening (including background checks and identity verification), courier insurance and liability, courier compliance with applicable laws, route optimization, and delivery execution. Instamall coordinates with our Delivery Partners through technology integrations but does not control, direct, or supervise individual couriers.

Payment processing is provided by Stripe. All payment transactions are processed by Stripe, Inc. (“Stripe”). Your payment card information is collected and handled directly by Stripe and is subject to Stripe’s terms of service and privacy policy. Instamall does not receive, store, or have access to your full payment card numbers.

4. Account Registration and Security

To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during registration and keep your account information updated; maintain the confidentiality of your account credentials and not share them with any third party; accept responsibility for all activities that occur under your account; and notify Instamall immediately at support@instamall.co if you suspect unauthorized access to or use of your account.

You may not use or attempt to use another User’s account, impersonate any person or entity, or forge headers or identifiers. Instamall reserves the right to suspend or terminate accounts that violate these Terms.

5. Orders, Pricing, and Payment

Orders: When you place an order through the Services, you are making an offer to purchase goods from a Retailer. Your order is subject to acceptance by the Retailer and availability of the items. We reserve the right to refuse or cancel orders at any time for reasons including pricing errors, inventory issues, suspected fraud, or inability to arrange delivery.

Pricing: Prices displayed on the Services are set by Retailers and may differ from in-store prices. Instamall may charge service fees, delivery fees, and other applicable fees, all of which will be displayed at checkout before you confirm your order. All fees are non-refundable except as expressly stated in this Agreement or required by law.

Payment: You authorize Instamall and Stripe to charge your selected payment method for the total order amount, including product prices, fees, applicable taxes, and tips. You represent that you are authorized to use the payment method provided. All payment processing is subject to the terms and conditions of Stripe (available at stripe.com/legal).

Billing Descriptor: Charges will appear on your payment statement under the name “INSTAMALL” or a similar descriptor. If you do not recognize a charge, please contact support@instamall.co before disputing the charge with your bank, as unresolved disputes may result in account suspension.

Tips and Gratuities: Tips are optional and are passed through to the courier who delivers your order via our Delivery Partner. Instamall does not retain any portion of tips.

Sales Tax: As a marketplace facilitator, Instamall collects and remits applicable sales tax on orders as required by law. The applicable tax amount will be displayed at checkout.

6. Delivery

Delivery Service: Delivery of your order is performed by an independent third-party Delivery Partner, not by Instamall. By placing an order for delivery, you acknowledge and agree that:

Delivery is subject to the Delivery Partner’s courier availability, coverage area, and operational capacity. Estimated delivery times displayed in the Services are approximations provided by the Delivery Partner and are not guarantees. Actual delivery times may vary due to factors beyond Instamall’s or the Delivery Partner’s control, including traffic, weather, order volume, and Retailer preparation time. The courier delivering your order is engaged by the Delivery Partner and is not an employee, agent, or independent contractor of Instamall. You will provide accurate delivery instructions, a valid delivery address within the designated delivery zone, and be available (or have a designated recipient available) to receive your order.

Delivery Confirmation: Our Delivery Partner may provide delivery confirmation, which may include a photograph of the delivered order and GPS coordinates. This information may be used by Instamall to verify delivery and resolve disputes.

Failed Deliveries: If a delivery cannot be completed due to an incorrect address, recipient unavailability, or other factors within your control, you may not be eligible for a refund. Instamall will work with the Delivery Partner and Retailer to resolve the situation on a case-by-case basis.

7. Cancellation, Refunds, and Returns

Cancellation: You may cancel an order in accordance with our cancellation policy as displayed in the app or on our website. Your eligibility for a full refund depends on when cancellation occurs relative to order preparation and dispatch:

Before Retailer accepts the order: Full refund. After Retailer accepts but before courier pickup: Refund may be issued minus any applicable fees, at Instamall’s discretion. After courier pickup: Refund is generally not available, as the Retailer has prepared the order and the Delivery Partner has dispatched a courier.

Refunds for Order Issues: If you receive the wrong item, a damaged item, or your order is not delivered, contact support@instamall.co as soon as possible (and in any event within 48 hours of the estimated delivery time). Instamall will investigate the issue, which may involve coordinating with the Retailer and/or Delivery Partner. Eligible refunds will be processed to your original payment method via Stripe.

Returns: Return eligibility depends on the Retailer’s return policy as disclosed on the product listing. Instamall facilitates returns where the Retailer’s policy permits, but the Retailer is ultimately responsible for return decisions. Some items may not be eligible for return (e.g., final sale, intimate apparel, or customized items).

Refund Abuse: Instamall reserves the right to limit, suspend, or revoke refund eligibility for accounts that exhibit patterns of refund abuse, including but not limited to: frequent claims of non-delivery contradicted by delivery confirmation, repeated claims of missing or wrong items, and patterns inconsistent with normal consumer behavior. We may use transaction data, delivery confirmation records, and other information to assess the validity of refund requests.

8. Promotions, Credits, and Referrals

Instamall may offer promotional codes, credits, or referral rewards subject to specific terms and conditions as disclosed at the time of the offer, including expiration dates, usage limits, and eligibility requirements. Instamall reserves the right to modify or discontinue promotions at any time and to revoke credits or benefits obtained through fraud, abuse, or violation of promotional terms, including but not limited to: creating multiple accounts, using automated tools, sharing or selling promotional codes, or self-referrals.

9. User Conduct

You agree to the following when using the Services: You will use the Services only for lawful purposes and not for deceptive or fraudulent purposes. You will comply with applicable laws, including intellectual property and privacy rights. You will use only means explicitly authorized by Instamall to access the Services. You will not use or attempt to use another User’s account, impersonate any person or entity, or forge headers or identifiers. You will not interfere with or disrupt the Services, servers, or networks; introduce malware or malicious code; or attempt to gain unauthorized access to any part of the Services. You will not scrape, crawl, or use automated means to access the Services without our written permission. You will not use the Services for any commercial purpose beyond your personal consumer use without our prior written consent. You will treat Retailers, delivery couriers, and other users with respect and will not engage in harassment, discrimination, or abusive behavior through the Services. You will not submit fraudulent refund requests, file chargebacks for transactions you authorized, or misrepresent order issues.

10. User-Generated Content

By submitting content (reviews, ratings, photos, videos, or other materials) through the Services, you grant Instamall a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and create derivative works of such content in connection with the Services and Instamall’s business operations, including marketing and promotional purposes.

You represent that you own or have the necessary rights to the content you submit, that it does not violate any third party’s rights, and that it is accurate and not misleading. Instamall reserves the right to remove any content that violates these Terms or is otherwise objectionable, at our sole discretion.

11. Intellectual Property

The Services and all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio, video, software, and the compilation thereof) are owned by Instamall, its licensors, or other content providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes, subject to this Agreement. You may not copy, modify, distribute, sell, lease, or create derivative works based on any part of the Services without our prior written consent.

“Instamall” and related logos and marks are trademarks of Instamall, LLC. You may not use these marks without our prior written permission.

12. Third-Party Services and Links

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, accuracy, or practices. Your engagement with Third-Party Properties is at your own risk.

Without limiting the foregoing, you acknowledge that: Stripe processes your payment and is subject to its own terms and privacy policy. Delivery Partners provide delivery services and are subject to their own terms and policies. Retailers are independent businesses responsible for their own products, services, and practices.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. INSTAMALL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

INSTAMALL IS A MARKETPLACE PLATFORM AND DOES NOT MANUFACTURE, SELL, WAREHOUSE, OR CONTROL THE PRODUCTS OFFERED BY RETAILERS. INSTAMALL IS NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, ACCURACY OF PRODUCT LISTINGS, OR AVAILABILITY OF PRODUCTS OR SERVICES OFFERED BY RETAILERS.

DELIVERY SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY DELIVERY PARTNERS. INSTAMALL IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF DELIVERY PARTNERS OR THEIR COURIERS, INCLUDING BUT NOT LIMITED TO DELIVERY DELAYS, DELIVERY ERRORS, DAMAGE TO ITEMS IN TRANSIT, OR COURIER CONDUCT. INSTAMALL DOES NOT EMPLOY, DIRECT, OR SUPERVISE DELIVERY COURIERS.

PAYMENT PROCESSING IS PROVIDED BY STRIPE, INC. INSTAMALL IS NOT RESPONSIBLE FOR ERRORS, INTERRUPTIONS, OR SECURITY FAILURES IN STRIPE’S PAYMENT PROCESSING SYSTEMS.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL INSTAMALL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF (OR INABILITY TO USE) THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF INSTAMALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, INSTAMALL SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM: (A) THE ACTS, OMISSIONS, OR CONDUCT OF RETAILERS, DELIVERY PARTNERS, OR THEIR COURIERS; (B) THE QUALITY, SAFETY, OR LEGALITY OF PRODUCTS PURCHASED THROUGH THE SERVICES; (C) DELIVERY DELAYS, ERRORS, OR FAILURES; (D) ERRORS OR INTERRUPTIONS IN STRIPE’S PAYMENT PROCESSING; OR (E) UNAUTHORIZED ACCESS TO YOUR ACCOUNT DUE TO YOUR FAILURE TO MAINTAIN THE SECURITY OF YOUR CREDENTIALS.

INSTAMALL’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO INSTAMALL IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution. Before initiating arbitration, you and Instamall agree to attempt to resolve any dispute informally. You must send a written notice of dispute to legal@instamall.co describing the nature and basis of the claim and the specific relief sought. Instamall will send any notice to the email address associated with your account. If the dispute is not resolved within 60 days after notice is received, either party may proceed to arbitration.

15.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services that is not resolved through informal resolution shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted in English and take place in the county where you reside, unless you and Instamall agree otherwise.

15.3 Class Action Waiver. YOU AND INSTAMALL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

15.4 Jury Trial Waiver. YOU AND INSTAMALL EACH WAIVE THE RIGHT TO A JURY TRIAL.

15.5 Exceptions. Either party may bring claims in small claims court if the claims qualify. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

15.6 Opt-Out. You may opt out of the arbitration agreement by sending written notice to legal@instamall.co within 30 days of first accepting these Terms. The notice must include your name, account email, mailing address, and a clear statement that you wish to opt out. If you opt out, you and Instamall agree to submit disputes to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.

15.7 Severability. If any portion of this Section 15 is found unenforceable, the remainder shall continue to apply. If the Class Action Waiver is found unenforceable, the entire arbitration agreement shall be void.

16. Indemnification

You agree to indemnify, defend, and hold harmless Instamall, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of or access to the Services; (b) your violation of this Agreement; (c) your violation of any applicable law or the rights of any third party; (d) any content you submit through the Services; or (e) any fraudulent, abusive, or illegal activity on your account.

17. Age-Restricted Products

Some Retailers may offer age-restricted products. You agree that you (or the intended recipient) are of legal age to purchase such items. Upon delivery, the recipient may be required to present valid government-issued identification. Delivery Partners or their couriers may refuse delivery in accordance with applicable law.

18. Electronic Communications and Consent

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.

19. SMS/RCS Text Messaging

A. SMS/RCS Program Description

Instamall offers an SMS and RCS messaging program that includes both transactional messages (order confirmations, delivery updates, account alerts) and promotional/marketing messages (special offers, promotions, new arrivals, and cart abandonment reminders). By opting in, you agree to receive both transactional and promotional messages from Instamall.

B. Consent and Double Opt-In

By providing your mobile phone number and affirmatively opting in to our SMS/RCS program (e.g., by checking the opt-in box on our website or app, or by texting a keyword to our designated number), you consent to receive recurring automated text messages from Instamall at the mobile number provided.

Double opt-in for marketing and cart reminders: After you submit your initial opt-in (e.g., via a sign-up form or call-to-action), you will receive a confirmation message asking you to verify your subscription by replying with a keyword such as YES or START. Your opt-in is not complete until you reply with the confirmation keyword. After confirmation, you will receive a welcome message confirming your enrollment. This double opt-in process is required for marketing messages, including cart abandonment reminders.

Cart abandonment reminders: If you have opted in via the double opt-in process described above, you may receive SMS/RCS messages reminding you of items left in your cart. These messages are triggered only when you add items to your cart and do not complete checkout. Cart reminders will not be triggered by browsing activity or page views alone. You must complete any purchase yourself on our website or app; Instamall will not collect payment information via text or complete transactions on your behalf through SMS/RCS.

C. Message Frequency, Rates, and Content

Frequency: Message frequency varies based on your transactional activity (e.g., order updates, delivery notifications) and promotional campaigns. You may receive more messages during periods of higher order activity.

Message and data rates: Standard message and data rates from your wireless carrier may apply.

Content: Messages may include order status updates, delivery notifications, promotional offers, new Retailer or product announcements, cart abandonment reminders, and account security alerts.

D. Opt-Out

You may opt out at any time by replying STOP to any Instamall message. You may receive one final confirmatory message acknowledging your opt-out. After opting out of marketing messages, you may continue to receive transactional messages related to active orders where permitted by law.

E. Help

For assistance, reply HELP to any message or contact support@instamall.co.

F. Carriers

Wireless carriers are not liable for delayed or undelivered messages. Delivery is subject to carrier capabilities and participation. Supported carriers include, but are not limited to, T-Mobile, AT&T, and Verizon.

G. SMS/RCS Data Privacy

No selling, renting, or sharing of opt-in data: Information collected as part of the SMS/RCS opt-in process, including your phone number and messaging consent, will not be sold, rented, or shared with third parties or affiliates for their marketing purposes. This data is used solely by Instamall to send you the messages you have consented to receive.

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. For full details on how we collect and use your information, see our Privacy Policy.

H. Program Changes

We may modify or discontinue the SMS/RCS program at any time. We will honor applicable law and your opt-out preferences.

20. Modifications to the Agreement

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

21. Termination

Instamall may suspend or terminate your account or access to the Services at any time, with or without cause, and with or without notice, including for violation of these Terms, suspected fraud, refund abuse, or conduct that harms other users, Retailers, or Delivery Partners. You may terminate your account at any time by contacting support@instamall.co or through your account settings. Upon termination, your right to use the Services ceases immediately. Sections of this Agreement that by their nature should survive termination shall survive, including but not limited to Sections 10, 11, 13, 14, 15, 16, and 23.

22. Force Majeure

Instamall shall not be liable for any failure or delay in performing its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, war, terrorism, labor disputes, power failures, Internet or telecommunications failures, cyberattacks, or failures of third-party service providers (including Stripe and Delivery Partners).

23. General Provisions

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles, except as preempted by federal law.

Entire Agreement: This Agreement, together with the Privacy Policy and any additional terms or policies referenced herein, constitutes the entire agreement between you and Instamall regarding the Services.

Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver: Instamall’s failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

Assignment: You may not assign or transfer this Agreement without Instamall’s prior written consent. Instamall may assign or transfer this Agreement freely.

No Joint Venture or Partnership: No joint venture, partnership, employment, or agency relationship exists between you, Instamall, any Retailer, any Delivery Partner, or any courier as a result of this Agreement or your use of the Services.

Notices: We may provide notices to you via email, in-app notifications, or by posting on the Services. You may send notices to Instamall at legal@instamall.co or by mail to 38 NW 24th Street, Miami, FL 33127.

24. Contact Information

General Support: support@instamall.co

Legal: legal@instamall.co

Mailing Address:
Instamall, LLC
38 NW 24th Street, Miami, FL 33127

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 not earn 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.

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.