Terms of Use

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE “DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION WAIVER & JURY TRIAL WAIVER” SECTION BELOW.

THESE TERMS OF USE (THE “AGREEMENT”) CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND INSTAMALL, LLC AND ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, “INSTAMALL,” “WE,” “OUR,” OR “US”) AND GOVERNS THE USE OF THE TECHNOLOGY (DEFINED BELOW) AND SERVICES (DEFINED BELOW) BY A CONSUMER OR OTHER PERSON WHO INTERACTS WITH THE TECHNOLOGY OR SERVICES (EACH, A “USER”), INCLUDING A USER’S CREATION OF AN ACCOUNT. ALL REFERENCES TO “YOU” OR “YOUR”, AS APPLICABLE, MEAN COLLECTIVELY THE USER WHO ACCESSES OR USES THE TECHNOLOGY AND/OR THE SERVICES IN ANY MANNER AND EACH OF THEIR HEIRS, ASSIGNS, AND SUCCESSORS.

From time to time, we may, in our sole discretion, update this Agreement by posting the updated version at instamall.co/terms-of-use or through the Technology, and updating the “Last Updated” date at the top of the page. Unless you first reject the updated Terms by discontinuing all use of the Technology and Services and sending a notice of termination to legal@instamall.co, you will be deemed to accept the changes and they will take effect at the “Update Effective Time”, which is the earlier of: (a) 11:00 a.m. Eastern time on the 30th day after InstaMall posts them (or a later date that we specify in the update, if any); (b) your first ever use of a new or changed feature of the Services that is subject to the updated Terms; (c) your placement of an order after the updated Terms are posted; or (d) your taking some other action to specifically accept the updated Terms, such as clicking to accept them. Notwithstanding the foregoing, each purchase and order you place will be governed by the version of these Terms in effect at the time the applicable order is placed. For the avoidance of doubt, provisions (a) and (b) of the preceding sentence do not apply to updates to the “DISPUTE RESOLUTION; ARBITRATION AGREEMENT; CLASS ACTION WAIVER & JURY TRIAL WAIVER” section below. You must send the termination notice from the email address associated with your account, or if this is not possible, you must promptly cooperate with us to identify your account. Regardless of the email address you use, you must promptly cooperate with any request from us to authenticate that you are the account holder and that you are the actual sender of the termination notice. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. You are prohibited from using the Technology or the Services after sending a notice of termination, except as may be necessary to follow any instructions we may provide via email for authentication of your identity and request. If you violate this requirement and do use the Technology or the Services after sending a notice of termination (and before we block your access), your termination notice will be void as if it had never taken effect, and the updated Terms will take effect (or will have taken effect) at the Update Effective Time.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES.

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 consent to the collection, use, and disclosure of your personal information in accordance with InstaMall’s Privacy Policy.

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 Technology or the Services.

2. Scope and Eligibility

Scope: This Agreement applies to United States Consumers and United States 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 apply and 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 with InstaMall, not previously suspended or removed from the Services, 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 (each, a “Retailer”); 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.

3A. Fulfillment Methods and Independent Shopping Service

3A.1 Fulfillment Models

In addition to the general marketplace description set forth in Section 3, InstaMall facilitates the purchase and delivery of products through two distinct fulfillment models:

• Partner Fulfillment. Certain retailers listed on the InstaMall platform (“Partner Retailers”) have entered into a direct commercial relationship with InstaMall, LLC. Orders placed from Partner Retailers are prepared and fulfilled directly by the retailer’s staff and handed off to a third-party Delivery Partner (as defined in Section 3) for transport to you.
• Independent Shopping Service (“White Glove Service”). Certain Retailers listed on the InstaMall platform are fulfilled through InstaMall’s Independent Shopping Service. When you place an order from these Retailers, an independent personal shopper engaged by InstaMall (a “Personal Shopper”) will visit the retailer’s physical location, purchase the requested item(s) at the prevailing retail price on your behalf, and hand the item(s) off to a third-party Delivery Partner for transport to you. In these transactions, InstaMall acts as your purchasing agent. Personal Shoppers are independent contractors and are not employees or agents of the Retailer from which items are purchased.

3A.2 Identification of Fulfillment Method

The applicable fulfillment method for each Retailer is identified within the Services. Retailers fulfilled through the Independent Shopping Service are designated with a “White Glove Service,” “Personal Shopper,” or “Independent Shopping Service” indicator on the Retailer’s listing page. The absence of such indicator means the Retailer is a Partner Retailer fulfilled under Section 3A.1(a).

3A.3 No Affiliation or Endorsement

Unless explicitly stated on the platform, InstaMall is not affiliated with, endorsed by, sponsored by, or partnered with any third-party Retailer or brand whose products appear on the platform. This applies to both Partner Retailers and Retailers available through the Independent Shopping Service. The display of Retailer names, trademarks, product descriptions, product images, or other identifying information on the InstaMall platform is for the sole purpose of identifying the products and their retail source and does not imply any commercial relationship, authorization, or endorsement by the retailer or brand.

All right, title, and interest in and to trademarks, trade names, logos, and brand identifiers displayed on or through the platform are owned by their respective owners and are protected by applicable intellectual property laws. InstaMall’s use of third-party marks is nominative and solely for the purpose of accurately describing the products available for purchase through the Services.

3A.4 Product Information and Availability

Product listings on the InstaMall platform, including product descriptions, pricing, sizing, color, and availability, are based on information obtained from publicly available sources and, where applicable, from direct integrations with Partner Retailers. InstaMall makes commercially reasonable efforts to present accurate and up-to-date product information but does not guarantee that any listed product will be available for purchase at the time your order is placed.

In the event that a product is unavailable at the time of fulfillment, InstaMall or the assigned Personal Shopper, as applicable, will notify you promptly and either (i) substitute a comparable item (if one is located) subject to your prior approval, or (ii) if none is located, or if you do not approve the substitution, issue a full refund for the unavailable item in accordance with Section 7.

3A.5 Pricing for Independent Shopping Service Orders

For orders fulfilled through the Independent Shopping Service, the product price displayed on the InstaMall platform reflects the expected retail price at the time of listing. The final price charged to you will be the actual retail price paid by the Personal Shopper at the point of sale, plus any applicable InstaMall service fees, delivery fees, and taxes as described in Section 5. In the event of a price discrepancy exceeding 5% of the listed price, InstaMall will notify you before completing the purchase and obtain your authorization to proceed or cancel the order for a full refund.

3A.6 Returns for Independent Shopping Service Orders

Returns and exchanges for items purchased through the Independent Shopping Service are governed by InstaMall’s Return Policy and may differ from the return policies of the originating retailer. Because items are purchased by InstaMall’s Personal Shoppers on your behalf, returns directly to the originating retailer are generally not available. InstaMall will facilitate returns in accordance with its stated Return Policy.

3A.7 Limitation of Liability for Independent Shopping Service

You acknowledge and agree that InstaMall is not the manufacturer, distributor, or authorized retailer of products purchased through the Independent Shopping Service. InstaMall makes no representations or warranties regarding the authenticity, quality, fitness for a particular purpose, or merchantability of products beyond those provided by the originating retailer at the point of sale. All manufacturer warranties, if any, are passed through to you to the extent transferable.

The limitations of liability set forth in Section 14 apply to all orders, including those fulfilled through the Independent Shopping Service.

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. We are not liable for any losses incurred by you or any party as a result of unauthorized use of your account.

You may not use or attempt to use another User’s account, share access or credentials to your account, impersonate any person or entity, or forge headers or identifiers. InstaMall reserves the right to suspend or terminate accounts for any or no reason.

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 goods. 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. By providing a payment method or placing an order, you represent and warrant that you are legally authorized to use the payment method provided. All payment processing is subject to the terms and conditions of Stripe (available at stripe.com/legal). We are not responsible for any errors made by Stripe. If we do not successfully receive payment via your designated payment method, you remain responsible for all amounts due and agree to pay such amounts upon our demand. You are solely responsible for resolving any disputes with your payment provider and for any overdraft fees or other fees or penalties assessed by your payment provider. InstaMall and/or Stripe may receive updated payment information from your payment provider or card issuer and may use such updated information to process applicable charges.

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, without limitation, 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 Technology. Your eligibility for a full refund depends on when cancellation occurs relative to order preparation and dispatch as set forth below:

• 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 and as required by applicable law.
• After courier pickup: Refund is generally not available, except as required by applicable law, 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 or a damaged item, contact support@instamall.co as soon as possible (and in any event within 48 hours after delivery). If 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, from time to time, offer promotional codes, credits, referral rewards, or other promotional benefits, which may be subject to additional terms and conditions disclosed at the time of the offer, including applicable expiration dates, usage limits, and eligibility requirements. InstaMall reserves the right to modify, suspend, or discontinue any promotion at any time and to revoke or cancel any promotional code, credit, reward, or other benefit obtained or used through fraud, abuse, or violation of applicable promotional terms, including, without limitation, through the creation of multiple accounts, use of automated tools, sharing or selling promotional codes, or self-referrals.

9. User Conduct

You will use the Services only for your legitimate purposes in accordance with this Agreement. Your use of the Services will at all times comply with all applicable laws. You will not, and will not encourage, assist, or enable any other User or third party to:

• reproduce, duplicate, modify, copy, adapt, distribute, transmit, display, sell, rent, lease, loan, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, services or data found in or on the Technology or the Services;
• use the Services for unlawful, deceptive or fraudulent purposes;
• use the Technology or Services in violation of applicable laws, including intellectual property and privacy rights;
• access the Services in any manner not explicitly authorized by InstaMall;
• attempt to circumvent any technological measure implemented by InstaMall or any of our providers or any other third party (including another user) to protect or restrict access to the Services;
• attempt to decipher, remove, decompile, disassemble or reverse engineer any software or other underlying code in the Technology or Services, or use any network monitoring or discovery software to determine the Technology or Services architecture;
• remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services, or on any materials printed or copied from the Services;
• use or attempt to use another User’s account, impersonate any person or entity, or forge headers or identifiers;
• upload images of others without permission or use AI Features (defined below) to impersonate others or to deceive, harass, or violate the individual rights of another person;
• interfere with or disrupt the Services, servers, or networks;
• introduce or transmit malware, viruses, or malicious code;
• scrape, crawl, or use automated means to access the Services without our written permission;
• disrupt, overwhelm, attack, modify or interfere with the proper working of the Services, or impede or interfere with others’ use of the Services;
• resell or use the Services for any commercial purpose beyond your personal consumer use without our prior written consent;
• engage in any conduct, with respect to Retailers, delivery couriers, and other Users, that is libelous, defamatory, abusive, offensive, obscene, harassing, or discriminatory;
• submit fraudulent refund requests, file chargebacks for transactions you authorized, or misrepresent order issues;
• transmit any viruses, malicious code or other computer instructions or technological means whose purpose is to disrupt, damage or interfere with the use of computers or related systems;
• use any content made available through the Services in any manner that may infringe any intellectual property right, proprietary right, or property right of InstaMall or any third party, including Retailers;
• access the Services to build a similar or competitive website, application, product, or service;
• engage in any activity that could cause InstaMall to violate any applicable law, statute, ordinance, or regulation.

10. User-Generated Content

In using the Services, you may submit, display, post or otherwise make available through the Services, certain content, including reviews, ratings, photos, videos, or other materials (“User-Generated Content”). By submitting such content, you grant InstaMall a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, copy, cache, reproduce, modify, distribute, edit, adapt, publicly perform, publicly display, translate, publish, and create derivative works of User-Generated Content in connection with the Services and InstaMall’s business operations, including marketing and promotional purposes.

You are solely responsible for any User-Generated Content that you make available through the Services, including any necessary third-party rights in such content. You represent and warrant that: (a) you have all the rights and consents necessary to grant us the rights to the User-Generated Content as set forth herein and to otherwise process your User-Generated Content in accordance with your account settings, this Agreement, and our Privacy Policy; (b) your User-Generated Content and InstaMall’s use thereof as contemplated by this Agreement and the Services will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights; (c) you will not upload, create, publish, store, submit, transmit, or otherwise share any User-Generated Content that: (i) is confidential and for which you do not have all necessary rights to disclose or to grant us the license described below; (ii) may or does infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, this Agreement, the rights of any party, or otherwise create liability or violate any applicable local, state, national, or international law or regulation or would give rise to civil or criminal liability; (iv) is fraudulent, false, misleading, or deceptive; (v) impersonates or misrepresents your affiliation with, any person or entity or contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; (vi) is defamatory, obscene, pornographic, vulgar, offensive, unlawful, libelous, indecent, lewd, suggestive, abusive, or inflammatory; (vii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (viii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (ix) promotes illegal or harmful activities or substances; or (x) contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; and (d) to the best of your knowledge, all your User-Generated Content and other information that you provide to us is truthful and accurate.

We reserve the right to pre-screen any User-Generated Content before its appearance on the Services, and may forbid or prevent you from posting, uploading, storing, sharing, sending or displaying such User-Generated Content to and through the Services at any time. InstaMall reserves the right to reject, move, edit, or remove any User-Generated Content that violates this Agreement or is otherwise objectionable, at our sole discretion.

11. Intellectual Property; Feedback

As between you and InstaMall, the Services and Technology, and all content, features, data, organization, graphics, images, text, design, compilation, magnetic translation, sound, artwork, software, computer code, digital conversion, logos, names, patents, trademarks, service marks, product and service names, slogans, copyrights, and all the intellectual property rights therein or relating thereto, are and shall remain the exclusive property of InstaMall, the applicable brands or retailers, the licensors of any of the above, or other content providers, as applicable, and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

InstaMall grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access, view, and use the Technology and Services for your personal, non-commercial purposes, subject to the terms and conditions of 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. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or third parties, except for the licenses and rights expressly granted in this Agreement.

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

From time to time, you may provide InstaMall with comments, suggestions, or ideas for enhancements, improvements, changes, or additions to the Services or our business in general, including ideas for new features, materials, and other content (“Feedback”). By providing us Feedback, you grant to us exclusive ownership of the Feedback and of all intellectual property rights and other rights in it, and you will provide us with reasonable cooperation in documenting this grant. InstaMall has no obligation to do anything with Feedback, but we will have the full, worldwide, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback via all forms of media, distribution methods, and technology now known or later developed, for any purposes, commercial or otherwise, and to transfer or license our rights in the Feedback, without notice, acknowledgement or compensation to you.

12. Third-Party Services and Links

The Services may contain links to third-party websites, applications, materials, or advertisements (collectively, “Third-Party Properties”). InstaMall does not control, endorse, or assume any responsibility for any such Third-Party Properties and is not responsible for their content, accuracy, or practices. Your engagement with Third-Party Properties is at your own risk, and you understand that this Agreement and our Privacy Policy do not apply to your use of Third-Party Properties. InstaMall does not verify, endorse, or guarantee the accuracy, completeness, legality, reliability, or usefulness of any Third-Party Content, which may be inaccurate, incomplete, or otherwise objectionable. You expressly relieve InstaMall from any and all liability arising from your use of any third-party website, service, content, or any Third-Party Content, including without limitation content, data, information and/or materials submitted by other Users.

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.

12A. AI-Enabled Features

12A.1 AI Features

InstaMall may offer artificial intelligence, machine learning, automated, or computer vision-enabled features as part of the Services, including virtual try-on, stylist assistance, sizing, product visualization, product search, product recommendations, customer support, fraud prevention, safety, and other automated or AI-assisted tools (collectively, “AI Features”). AI Features may use information you provide, information associated with your account or orders, product listings, product images, size and fit information, retailer content, and other information available through the Services to generate, display, personalize, or improve results.

12A.2 Virtual Try-On and Image Uploads

Certain AI Features may allow you to upload, capture, or submit a photograph, image, video, or other visual content of yourself or another person to preview how a product may appear, fit, or be styled (a “Try-On Image”). By using these features, you authorize InstaMall and its service providers to process the Try-On Image, including any personal information or physical characteristics visible in the Try-On Image, to provide, operate, secure, troubleshoot, and improve the applicable AI Feature and the Services, subject to our Privacy Policy and any additional notices presented to you at the time of use.

12A.3 Photos Uploaded Solely for AI Features

Notwithstanding Section 10, if you upload a Try-On Image solely to use an AI Feature, InstaMall will not treat a Try-On Image as User-Generated Content and will not use the Try-On Image in public advertising, marketing, social media, product listings, or promotional materials without separate authorization. If you separately submit the Try-On Image or any AI-generated output as User-Generated Content, then Section 10 applies to that content.

12A.4 Image Rights and Restrictions

You may upload only images that you own or are authorized to use. You may not upload an image of another person unless you have obtained all rights, permissions, and consents necessary for InstaMall and its service providers to process the image as described in these Terms, our Privacy Policy, and any in-product notice. You may not upload images of minors, images containing sensitive or unlawful content, or images that infringe, misappropriate, or violate another person’s rights.

12A.5 Additional Detail

AI Features may analyze visual characteristics in a Try-On Image to generate a virtual try-on, styling, sizing, or visualization result. Unless expressly disclosed in a separate notice, AI Features are not intended to identify you, authenticate your identity, or determine your legal identity.

12A.6 AI Outputs Are Illustrative Only

AI-generated or AI-assisted images, recommendations, sizing suggestions, styling suggestions, product visualizations, chat responses, and other outputs may be inaccurate, incomplete, or different from the actual product or in-person experience. AI outputs are provided for informational, illustrative, and convenience purposes only. They do not guarantee product availability, authenticity, fit, sizing, dimensions, color, or any particular outcome. You should review the applicable product listing, size chart, retailer information, return policy, and checkout details before placing an order.

12A.7 No Professional Advice

AI Features do not provide professional, medical, health, legal, financial, or other regulated advice. You are responsible for independently evaluating any AI output before relying on it, purchasing a product, or taking any action based on it. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTAMALL DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ARISING FROM OR RELATED TO YOUR USE OF, OR RELIANCE ON, ANY AI OUTPUT.

12A.8 Model Training and Service Improvement

InstaMall may use interactions with AI Features, including prompts, selections, feedback, and usage information, to operate, evaluate, secure, troubleshoot, and improve the Services and AI Features, as described in our Privacy Policy. Unless we provide additional notice or obtain your separate consent, InstaMall will not use Try-On Images uploaded solely for virtual try-on to train general-purpose AI models.

12A.9 Third-Party AI Providers

InstaMall may use third-party service providers to operate or support AI Features. These providers may process information on InstaMall’s behalf to provide, secure, maintain, and improve the AI Features and the Services, subject to contractual obligations and applicable law. Your use of AI Features may also be subject to additional feature-specific notices or terms presented in the Services.

12A.10 Use of AI Outputs

Subject to these Terms, InstaMall grants you a limited, personal, non-exclusive, non-transferable, revocable right to view and use AI outputs generated for you through the Services for your personal, non-commercial use. You may not use AI outputs to mislead others, impersonate any person, imply an endorsement by InstaMall, a Retailer, brand, or other person where none exists, violate another person’s rights, create unlawful or harmful content, or use InstaMall, Retailer, or brand content outside the Services except as expressly permitted by InstaMall.

12A.11 Disclosure of AI Outputs

Notwithstanding any other provision of these Terms, you may not disclose the images we generate from a Try-On Image or other AI Output to any third party and may not use them for any purpose other than evaluating a potential purchase of the associated product.

12A.12 Availability and Changes

AI Features may be experimental, optional, limited, unavailable, modified, suspended, or discontinued at any time. InstaMall does not guarantee that any AI Feature will be available, and AI Features may not be available for every product, product category, Retailer, device, account, order, or location. For example, Virtual Try-On may be unavailable for certain underwear, intimate apparel, lingerie, swimwear, customized items, or other products that InstaMall identifies in the Services as ineligible for the feature.

12A.13 Product Information; Allergens and Safety

InstaMall does not independently manufacture, inspect, test, certify, or verify products or product claims; product information is provided by Retailers or brands, or obtained from identified listing sources. Users with allergies, sensitivities, or safety concerns should review the product label and contact the Retailer or brand before purchase. InstaMall will correct, remove, or investigate listings when notified of inaccurate, unsafe, recalled, or counterfeit goods.

AI Features do not provide allergen, ingredient-safety, medical, or diagnostic guidance, and are not designed or permitted to answer questions of that kind. Do not rely on any AI Feature to determine whether a product is safe for you.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE TECHNOLOGY AND 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, AVAILABILITY, TITLE, ERROR-FREE OR UNINTERRUPTED USE, AND NON-INFRINGEMENT. YOUR USE OF THE TECHNOLOGY AND THE SERVICES IS AT YOUR OWN RISK. NO RECOMMENDATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INSTAMALL OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

WITHOUT LIMITING THE FOREGOING, INSTAMALL AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE TECHNOLOGY AND SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE TECHNOLOGY AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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.

AI FEATURES AND AI OUTPUTS ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ AND MAY BE INACCURATE, INCOMPLETE, OR UNSUITABLE FOR YOUR PARTICULAR PURPOSES. INSTAMALL DOES NOT WARRANT THAT AI OUTPUTS WILL ACCURATELY REFLECT PRODUCT FIT, SIZE, COLOR, TEXTURE, APPEARANCE, AVAILABILITY, PERFORMANCE, OR ANYTHING ELSE.

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 TECHNOLOGY OR 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 TECHNOLOGY OR 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; Arbitration Agreement; Class Action Waiver & Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS – INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT (BY REQUIRING YOUR DISPUTE TO BE SUBMITTED TO ARBITRATION) AND LIMITING YOUR RIGHTS TO RESOLVE YOUR DISPUTE AS PART OF A CLASS OR REPRESENTATIVE ACTION.

15.1 Informal Dispute Resolution

Most disputes between you and InstaMall arising from or relating to the Website or these Terms (“Disputes”) can be resolved informally, so if you or InstaMall have an issue arising out of or related to your use of the services, you and InstaMall agree to reach out to the other before initiating a lawsuit or arbitration, except as set forth in the Exceptions paragraph below (“Informal Dispute Resolution”). If you have a Dispute with InstaMall, you must email legal@instamall.co a written notice (“Written Notice”), which must include: (1) your name; (2) the email address(es) associated with your relationship with InstaMall; (3) a detailed description of the issue; and (4) how you’d like to resolve it. If InstaMall has a Dispute with you, we must email you a Written Notice to the email address associated with your relationship with InstaMall. We agree that we must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice while the parties attempt informal resolution.

The Written Notice must be provided on an individualized basis and you and InstaMall agree to personally meet and confer, via telephone or videoconference, to attempt to resolve the Dispute before you or InstaMall may proceed to file a demand for arbitration. If either party is represented by counsel, that party’s counsel may participate in the conference, but the party shall also personally attend the conference, unless one party states in writing that the other party is not required to personally attend.

If the dispute is not resolved within thirty (30) days after the telephone or videoconference occurs, you and InstaMall agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below.

15.2 Agreement to Arbitrate

If Informal Dispute Resolution fails, then either party may initiate binding arbitration as the sole means to resolve Disputes, subject to the provisions following this header through and including the paragraph titled “Changes to this Arbitration Agreement” (collectively, the “Arbitration Agreement”).

The parties agree that this Arbitration Agreement is made pursuant to a transaction in commerce and is governed by the Federal Arbitration Act (“FAA”). The arbitration will be administered by National Arbitration and Mediation (“NAM”). If NAM is not available to arbitrate, the parties will mutually agree on an alternative arbitration provider.

In accordance with the notice and opt-out provisions set forth herein, this Arbitration Agreement is intended to be interpreted broadly and it applies to all Disputes between you and InstaMall, including but not limited to (1) claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement, or any prior agreement; and (2) claims that may arise after the termination of this Arbitration Agreement. This Arbitration Agreement supersedes any prior arbitration agreement between InstaMall and you.

Except as set forth in the paragraph below titled “Exceptions to Informal Dispute Resolution and Arbitration Agreement,” the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Disputes. You and InstaMall further agree that arbitrable Disputes include but are not limited to issues arising out of or relating to the interpretation, applicability, enforceability, formation, or performance of this Arbitration Agreement, including, but not limited to, any claim that all or any part of these terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or timing of any administrative or arbitrator fees.

15.3 Waiver of Rights Including Jury Trial

THE PARTIES UNDERSTAND THAT ARBITRATION MEANS THAT AN ARBITRATOR AND NOT A JUDGE OR JURY WILL DECIDE ANY DISPUTE, AND THAT RIGHTS TO DISCOVERY AND APPEALS MAY BE LIMITED IN ARBITRATION. THE PARTIES FURTHER UNDERSTAND THAT THE COSTS OF ARBITRATION COULD EXCEED THE COST OF LITIGATION IN SOME INSTANCES.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THESE TERMS AND ARBITRATION AGREEMENT, YOU AND INSTAMALL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

15.4 Class Arbitration and Collective Relief Waiver

YOU AND INSTAMALL ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT ALLOWED BY LAW, AND EXCEPT AS PROVIDED HEREIN BELOW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NOT AS A CLASS OR OTHER REPRESENTATIVE ACTION (INCLUDING, WITHOUT LIMITATION, ANY PRIVATE ATTORNEY GENERAL ACTION), AND THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE AN INDIVIDUAL PARTY’S CLAIM; NOTWITHSTANDING THIS ACKNOWLEDGEMENT, YOU AGREE THAT ANY ARBITRATION INVOLVING YOU MAY PROCEED ON A CONSOLIDATED BASIS IF AND ONLY IF INSTAMALL PROVIDES ITS CONSENT TO CONSOLIDATE IT IN WRITING.

With the exception of the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” if any part of this Arbitration Agreement is deemed to be invalid, unenforceable, or illegal, then the balance of this Arbitration Agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision(s) were not contained herein. If, however, the paragraph titled “Class Arbitration and Collective Relief Waiver” and the paragraph titled “Mass Filings,” are found to be invalid, unenforceable, or illegal, then the entirety of this Arbitration Agreement shall be null and void, and neither you nor InstaMall shall be entitled to arbitrate the dispute in question.

This provision does not prevent you or InstaMall from participating in a class-wide settlement of claims.

15.5 Arbitration Rules

Except as modified by this Arbitration Agreement, NAM will administer the arbitration in accordance with, as applicable, the NAM “Comprehensive Dispute Resolution Rules and Procedures,” “Fees For Disputes When One of the Parties is a Consumer,” and the “Mass Filing Supplemental Dispute Resolution Rules and Procedures” in effect at the time any demand for arbitration is filed with NAM, excluding any rules or procedures permitting class or representative actions (“NAM Rules”). The applicable NAM rules and procedures are available at www.namadr.com or by emailing National Arbitration and Mediation’s Commercial Department at commercial@namadr.com.

Except where prohibited by applicable law, the arbitrator shall apply the law of the State of Florida without giving effect to any law that would result in the application of the law of any other jurisdiction. You and InstaMall agree that dispositive motions will be allowed in the arbitration.

If the amount in controversy is less than $10,000, then the arbitration will be conducted solely on the basis of written materials that you and InstaMall submit to the arbitrator, unless (i) the arbitrator determines that a hearing is necessary; (ii) applicable law requires otherwise; or (iii) the parties agree otherwise. If the amount in controversy exceeds $10,000, either party may request (or the arbitrator may determine) to hold a hearing.

15.6 Arbitration Demand

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based, and must include proof that the claimant is party to this Arbitration Agreement and to the Terms of Service. The arbitrator and/or NAM may require amendment of any demand or counterclaim that does not satisfy these requirements.

15.7 Arbitration Fees

Each party is responsible for its own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties agree that NAM has discretion to reduce the amount or modify the timing of any administrative or arbitration fees due under NAM Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you further agree that you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Arbitration Agreement while such challenge remains pending before NAM, the arbitrator, and/or a court of competent jurisdiction, and that any and all due dates for those fees shall be tolled during the pendency of such challenge.

15.8 Arbitration Location

The arbitration proceedings will presumptively be held via video- or telephone-conference unless (A) the arbitrator determines there is good cause to hold an in-person hearing or (B) the parties agree otherwise. Except as otherwise provided in the paragraph titled “Mass Filings” or unless you and InstaMall agree otherwise, in the event there is an in-person proceeding: if you live in the United States, any in-person proceedings will take place in the county of your primary residence or, if no arbitrator is available in that county, then at the closest arbitration location available in the state or if you live outside the United States, to the extent permissible in your country, any in-person proceedings will take place in Miami-Dade County, Florida.

15.9 Mass Filings

To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable) against InstaMall within reasonably close temporal proximity (“Mass Filing”), the parties agree, subject to the provisions of this “Mass Filings” paragraph: (A) to administer the Mass Filing in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (B) to designate one arbitrator for all demands in each batch; (C) to accept applicable fees, including, without limitation, any related fee reduction determined by NAM (or another arbitration provider selected in accordance with the provisions set forth herein if NAM is unavailable) in its discretion; (D) that fees associated with a demand for arbitration included in a Mass Filing, including, without limitation, fees owed by InstaMall and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (E) that the staged process of batched proceedings, with each set including 100 demands proceeding through filing, processing and adjudication, shall continue until each demand (including your demand) is adjudicated or otherwise resolved. If your demand for arbitration is included in the Mass Filing, any statute of limitation applicable to your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled.

Arbitrator selection for each batch shall be conducted to the greatest extent possible in accordance with the applicable NAM rules and procedures for such selection, and shall be subject to any rights to strike an arbitrator provided under applicable state law if the rights granted by law exceed those provided for in the NAM rules. In accordance with applicable law and to the extent an in-person proceeding is deemed necessary by the arbitrator or mutual party agreement, the arbitrator will determine the location where the proceedings will be conducted.

You agree to cooperate in good faith with InstaMall and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including, without limitation, the payment of combined reduced fees, set by NAM in its discretion, for each batch of claims. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. For example, if the number of cases filed makes batches of 100 cases too small for the prompt resolution of all filed claims, you and InstaMall agree that NAM may increase or decrease the batch size, transfer a case between batches, or proceed with adjudication of more than one (but no greater than five) batches at a time as determined in the reasoned discretion of the NAM procedural arbitrator, following the input of the parties. Any and all disagreements between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a NAM procedural arbitrator.

This “Batching” provision shall in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Arbitration Procedures and Guidelines or authorizing class arbitration of any kind.

The results of the first completely adjudicated batch of demands in a Mass Filing will be given to a NAM mediator selected from a group of five mediators proposed by a NAM, with InstaMall and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators. The highest collectively ranked mediator will be selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. InstaMall, the remaining claimants, and their counsel, and the mediator will then have 90 days (the “Mediation Period”) from the date the results are provided to the mediator to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either InstaMall or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither InstaMall nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

15.10 Arbitrator’s Authority and Arbitration Award

The arbitrator shall be empowered under this Arbitration Agreement to grant whatever relief would be available in a court under law or in equity. The arbitrator has the right to impose sanctions in accordance with the arbitration provider’s rules and procedures for any frivolous claims or submissions the arbitrator determines have not been filed in good faith, as well as for a party’s failure to comply with this Arbitration Agreement or the Informal Dispute Resolution Process.

The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The parties agree that the damages and/or other relief must be consistent with the Terms of Service, including but not limited to the paragraphs titled “Class Arbitration and Collective Relief Waiver” and “Limitation of Liability” as to the types and the amount of damages or other relief for which a party may be held liable.

Except for decisions in arbitrations that are joined together in a single batch and based on the individual merits of each claim within that batch, no arbitration award or decision will have any preclusive effect. Attorneys’ fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration.

15.11 Exceptions to Informal Dispute Resolution and Arbitration Agreement

Notwithstanding the parties’ agreement to resolve all disputes through the Informal Dispute Resolution process and, if necessary, binding arbitration:

• Matters involving injunctive relief and matters asserting or arising out of claims of infringement, unauthorized use or misappropriation of the other party’s patent, copyright, trademark, or trade secret (and any motions to enforce such proceedings) or in which either party is seeking to protect its intellectual property or enforce its rights therein shall be exclusively brought in the state and federal courts located in Miami-Dade County, Florida.
• Either party may elect to have disputes or claims resolved in a small claims court regardless of what forum the filing party initially chose, provided the disputes or claims are within the scope of that court’s jurisdiction. Judgments of small claims courts may be enforced as set forth in the rules of such court.
• Either party may apply to any court of competent jurisdiction for a provisional remedy in connection with an arbitrable controversy, including without limitation injunctive relief.
• Either party may elect to have disputes regarding whether a complaining party has satisfied the Informal Dispute Resolution procedures resolved by a court as a precursor to arbitration.

15.12 30-Day Right to Opt-Out

You have the right to opt-out and not be bound by the Arbitration Agreement by sending written notice, signed by you, of your decision to opt-out to the following address: legal@instamall.co. The notice must be sent within 30 days of September 3, 2026, or your first use of the Services, whichever is later; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of the Arbitration Agreement. If you opt-out of the arbitration provisions, InstaMall also will not be bound by them.

If you opt out of the Arbitration Agreement, you may exercise your right to a trial by judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the Arbitration Agreement will not apply to claims not yet filed. If you opt out of the Arbitration Agreement, you will not be opting out of any other provisions of these Terms and you agree to be bound by all other provisions of these terms, which shall remain in effect as allowable by law.

15.13 Class Action Waiver

YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND INSTAMALL THAT IS NOT SUBJECT TO ARBITRATION FOR ANY REASON MAY ONLY BE PURSUED BY YOU ON AN INDIVIDUAL BASIS, AND YOU MAY NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

15.14 Changes to this Arbitration Agreement

InstaMall will provide 30 days’ notice of the date of any material changes to this Arbitration Agreement. Changes will become effective on the 30th day and apply to all claims not yet filed, regardless of when they accrued. If you consent to these terms on or before the 30th day or continue to use the Services after the 30th day, you agree that any unfiled claims of which InstaMall does not have actual notice under the Informal Dispute Resolution process are subject to the revised clause. If InstaMall changes this Arbitration Agreement after the date you first accepted it (or accepted any subsequent changes to the agreement), you agree that your continued use of the Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out of this Arbitration Agreement by emailing an opt-out notice to legal@instamall.co before the 30-day period expires.

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. 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.

Calls may be monitored or recorded. Telephone or in-app voice calls between you and InstaMall, or between you and a Personal Shopper, Delivery Partner, or Retailer facilitated through the Services, may be monitored or recorded by InstaMall and its service providers for quality assurance, training, dispute resolution, and compliance purposes. You consent to this monitoring and recording. Where a call is recorded, you will also receive a notice at the start of the call, and you may decline to be recorded by ending the call and contacting us instead at support@instamall.co.

19. SMS/RCS Text Messaging

These SMS/RCS Terms are part of the InstaMall Terms of Use.

A. Consent to Receive Text Messages

By Opting In to text messages, you are signing an agreement to allow InstaMall to use automated technology (such as an autodialer) to send SMS and RCS text messages to the mobile phone number associated with your Opt-In. You authorize InstaMall to include both transactional content (such as order confirmations, delivery updates, and account alerts) and promotional messages (such as special offers, promotions, new arrivals, and cart abandonment reminders) in the messages. You do not have to Opt In or agree to Opt In as a condition of any purchase.

“Opting In,” “Opt In,” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive any text messages.

B. More About Opting In

By Opting In to text messages:

• You accept these Terms of Use, which apply to our text messages and related activities and your use of them. Our text messages and related activities are part of the “Services” as defined in these Terms of Use.
• You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.
• You consent to the use of an electronic record to document your Opt-In. To withdraw that electronic record consent, request a free paper or email copy of the Opt-In, or to update our records with your contact information, please contact us as described at the end of our Privacy Policy. To view and retain an electronic copy of these Terms of Use or the rest of your Opt-In, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. For an email copy, you’ll also need an email account you can access from the device, along with a browser or other software that can display the emails. These Terms of Use still will apply if you withdraw the electronic record consent above or opt out of the text messages.
• After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.

C. Opting Out

To opt out, you must text STOP to the short code or other phone number from which you received a text message. You must send this STOP message from the same phone number associated with your Opt-In.

You may receive one or more confirmation messages when you opt out or when your participation in the program otherwise ends. If you subscribe from more than one telephone number, you must text STOP from each of them.

D. About the Text Messages

Message and data rates may apply. You may receive multiple, recurring messages about products, services, programs, events and other special promotional content. Message frequency varies. InstaMall may terminate its text message programs or your participation in them at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms of Use still will apply.

You can get help by texting HELP to the short code or telephone number from which you receive an InstaMall text message.

For customer service regarding our texting programs, email us at support@instamall.co.

E. Mobile Carriers

InstaMall and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages.

20. Modifications to the Services

InstaMall may modify, suspend, or discontinue any part of the Technology or the Services, including any feature, product category, fulfillment method, or AI Feature, at any time and without liability to you. Where a change materially reduces a paid benefit you have already purchased, we will provide notice or a pro-rated remedy as required by law.

Changes to this Agreement are governed exclusively by the update mechanism described at the top of these Terms (including the “Update Effective Time”), and not by this Section 20.

21. Suspension and 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, 12A, 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. Application Platform Terms

Apple/iOS Terms

You acknowledge and agree that (i) this Agreement is binding between you and InstaMall only, and Apple is not a party hereto, and (ii) as between InstaMall and Apple, it is InstaMall that is responsible for the Technology and the content thereof. You must use the iOS version of the Technology only on an Apple-branded product that runs iOS. Your use of the iOS version of the Technology must comply with the terms of use applicable to the Apple source from which you obtain it (including the “Usage Rules” set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the Technology.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Technology or your possession and use of the Technology, including, but not limited to, (i) product warranty or liability claims; (ii) any claim that the Technology fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the Technology infringes a third party’s intellectual property rights.

In the event of any failure of the iOS version of the Technology to conform to any applicable warranty that has not been effectively disclaimed by this Agreement, you may notify Apple, and Apple will refund the purchase price for the Technology (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Technology, and, as between Apple and InstaMall, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be InstaMall’s responsibility, but only to the extent provided by this Agreement. Please read the entire Agreement, as other sections of this Agreement limit InstaMall’s liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement. Upon your acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.

Other App Store Terms

If our Technology is downloaded from any other store, platform, or marketplace, you acknowledge that you have read, understood, and agree to the customer terms of use of such stores, platforms, and marketplace. InstaMall is the licensor of the Technology and the provider of the Services, and any third party (e.g., operator of the store, platform, marketplace) is not a party to this Agreement.

25. 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.