Instaflow Terms of Service

Last updated: 11 November 2026

These Terms are the contract between your business and Propeller Digital Limited, trading as Instaflow. Instaflow uses AI to build, host and measure landing pages for Shopify stores. The Service is for businesses only, not consumers. You own your content and the pages we generate for you. We don't use your content to train AI unless you turn on our opt-in setting. AI makes mistakes, so you must review every page before you publish it, and you are responsible for what your pages say and sell. Paid plans renew every month until you cancel, and fees are not refundable unless the law says otherwise. We host your published pages and may take down content that breaks the law or our Acceptable Use Policy. When we do, we tell you why and how to appeal. Irish law governs these Terms, and the Irish courts decide disputes.

1. About these Terms

1.1 Who we are. The Service is provided by Propeller Digital Limited, a private company limited by shares registered in Ireland under number 784240, with its registered office at Unit 20, Platform 94, Mervue Business & Technology Park, Wellpark Road, Galway, H91 F9PX, Ireland and VAT number IE4397022QH. We trade as "Instaflow". In these Terms, "Instaflow", "we", "us" and "our" mean Propeller Digital Limited. Company details are also at /company.

1.2 Who you are. "Customer", "you" and "your" mean the business that creates an Instaflow account or installs the Instaflow app from the Shopify App Store. If you sign up on behalf of a company or other organisation, you confirm that you have authority to bind it to these Terms.

1.3 Accepting these Terms. You accept these Terms when you tick the box at signup, choose "Continue with Google" to sign up or sign in, install the Instaflow app from the Shopify App Store, or first use the Service, whichever happens first. If you don't agree, don't use the Service.

1.4 The agreement. Our agreement with you (the "Agreement") is made up of:

  • (a) these Terms;
  • (b) the Acceptable Use Policy at /acceptable-use (the "AUP");
  • (c) the Data Processing Agreement at /dpa (the "DPA"), as described in section 19; and
  • (d) the plan details shown on our Pricing page or at checkout when you subscribe.

If these documents conflict, they apply in this order: the DPA (for the processing of personal data only), then these Terms, then the AUP, then the plan details. Our Privacy Policy at /privacy and Cookie Policy at /cookies explain how we handle personal data as a controller. They are notices, not part of the contract.

2. Business use only

2.1 The Service is only for businesses. By accepting these Terms, you confirm that you are acting for the purposes of your trade, business, craft or profession, and not as a consumer. Sole traders may use the Service for their business.

2.2 You must not use the Service if you are acting as a consumer. Because the Service is supplied only to businesses, consumer protection laws that apply only to consumer contracts do not apply to this Agreement, to the extent the law allows.

2.3 Each Authorised User must be at least 18 years old.

3. Definitions

In these Terms:

  • "Authorised User" means an individual you allow to use the Service under your account, such as an employee, contractor or agency.
  • "Customer Content" means everything you or your Authorised Users give to the Service, and everything the Service collects for you from your connected store. This includes prompts, chat messages, briefs, files in your team's file library (such as images, fonts and text files), brand assets, product data and images, and other store data.
  • "Output" means the content the AI features generate for you, such as page code, layouts, copy and images. It includes images the AI generates from scratch and edited versions of your product images. Output does not include Instaflow Materials.
  • "Instaflow Materials" means the Service, the Instaflow app, our page runtime, templates, shared components, analytics script, prompts, agent instructions and software, and all our know-how, documentation and improvements to them.
  • "Page" means a landing page you create with the Service. A "Published Page" is a Page you have made publicly available.
  • "Service" means the Instaflow web app at https://app.instaflow.ai, the Instaflow Shopify app, the hosting of Published Pages, page analytics, and any related features and support we provide.
  • "Visitor" means a person who visits a Published Page.
  • "Shopify" means Shopify Inc. and its affiliates, and "Shopify Store" means a store you operate on Shopify.

4. Accounts, teams and roles

4.1 Accounts. Each Authorised User needs their own login. You must give accurate information and keep it up to date. Logins must not be shared.

4.2 Teams. Your account is organised into one or more teams. A team is the unit that holds a plan, a billing relationship, connected stores, Pages and members. The person who creates a team is its first owner.

4.3 Roles. Teams have roles: owner, admin, editor and any custom roles we offer. Owners can do everything, including managing billing and other owners. Admins can do everything except manage billing and owners. Editors can work on Pages only. The current permissions for each role are shown in the app.

4.4 Your responsibility for Authorised Users. You decide who joins your team and what role they have. You are responsible for everything done under your account, and for making sure your Authorised Users follow the Agreement. A breach by an Authorised User is a breach by you. Remove people promptly when they should no longer have access.

4.5 Security. Keep login details secure, and turn on two-factor authentication where possible. Tell us at support@instaflow.ai straight away if you think someone has accessed your account without permission.

4.6 Agencies. If you use the Service to build pages for your own clients, you are the Customer and remain responsible for those pages. You confirm that each client has authorised you to use its store, brand and data with the Service. Your clients have no rights against us under this Agreement.

5. The Service

5.1 What the Service does. The Service lets you connect a Shopify Store, brief our AI agents, generate and edit landing pages for your products, publish them, and see analytics about how they perform. The features of each plan are described on our Pricing page and in the app.

5.2 Your right to use the Service. While the Agreement is in force, we give you a non-exclusive, non-transferable right to use the Service for your internal business purposes. This right is subject to the Agreement and to your plan's limits.

5.3 Restrictions. You must not, and must not let anyone else:

  • (a) copy, modify, or create derivative works of the Instaflow Materials, except Output and as these Terms allow;
  • (b) reverse engineer, decompile or try to extract the source code, models, prompts or agent instructions behind the Service, except where the law allows this and it cannot be excluded;
  • (c) sell, resell, rent, sublicense or share access to the Service, or offer it as part of a service bureau, unless we agree in writing (building pages for your own clients under section 4.6 is allowed);
  • (d) get around usage limits, credits, plan limits or security measures;
  • (e) use the Service in breach of the AUP or the law; or
  • (f) remove any proprietary notices from the Instaflow Materials.

5.4 Changes to the Service. We are always improving the Service. We may add, change or remove features, change AI models, or change limits. If a change materially reduces the core features of your paid plan, we will give you at least 30 days' notice, and you may cancel before it takes effect.

5.5 Support. We provide reasonable support by email at support@instaflow.ai.

5.6 Availability. We aim to keep the Service available at all times but don't promise uninterrupted access. We may need planned maintenance, and the Service depends on third parties such as our hosting, AI and Shopify providers. We don't offer a service level agreement unless we agree one with you in writing.

6. AI features and agent actions

6.1 How the AI works. The Service uses AI models from third-party providers, currently OpenAI through its API, to research, plan, write and code Pages, and to generate and edit images for them. To do this, we send relevant Customer Content to those providers. Our current providers are listed at /subprocessors.

6.2 Agent actions. Some features use AI agents. When you give an agent a task, you authorise it to act on your behalf within the Service until the task ends or you stop it. Depending on the feature, an agent may:

  • (a) read your connected store's product, collection and store data;
  • (b) read the files and briefs you give it, including any file in your team's file library, and copy library images and fonts into a Page (they become public when you publish that Page);
  • (c) research public web pages, including your store's own pages;
  • (d) write and change page code, copy and layouts;
  • (e) generate new images, and edit your product images, for your Pages;
  • (f) run builds, commands and previews in isolated sandboxes; and
  • (g) use AI credits.

Agent actions are not Output, but their results are. An agent does not publish a Page. Only an Authorised User can publish.

6.3 Your control over agents. You are responsible for the instructions, files and permissions you give agents, and for reviewing what they produce. If you ask us to edit a product image or any other image, you must have the rights needed for us to edit it and for you to use the result. Changes to your instructions can change the results and the credits used. We may set guardrails, rate limits and run-time limits on agents, and may stop an agent if its actions put the Service, you or others at risk.

6.4 Model changes. We may change, update or replace the AI models we use. Output quality, style and behaviour may differ between models and over time.

6.5 Fair use. Automated or programmatic access to the AI features, other than through the Service's own interface, is not allowed unless we agree in writing.

7. Shopify connection

7.1 Connecting your store. You can connect a Shopify Store by installing the Instaflow app from the Shopify App Store or from inside the Service. Some features, such as page analytics and order attribution, work only for stores connected through the installed app. Where we offer it, on any plan, you may instead link a store's public storefront without installing the app. Pages on a store linked this way have fewer features: they collect no page analytics and have no order attribution.

7.2 What you authorise. When you install the app, you authorise us to access your Shopify Store through Shopify's APIs, using the permissions shown on Shopify's install screen. We use this access to read product, inventory, collection and content data, to let Visitors create carts and go to Shopify checkout from your Pages, and to receive order, checkout and refund information that links sales to your Pages. You confirm that you have authority to connect each store you connect.

7.3 Shopify's terms. Your use of Shopify, including the Shopify checkout used by your Pages, is governed by your agreement with Shopify, including the Shopify Terms of Service and Acceptable Use Policy. You must keep your Shopify account in good standing and follow Shopify's terms when you use Output on Shopify. If Shopify suspends your store or changes its APIs, parts of the Service may stop working. We are not responsible for that.

7.4 Shopify is not responsible for Instaflow. You acknowledge that:

  • (a) we, not Shopify, are solely responsible for the Instaflow app;
  • (b) Shopify is not liable for any fault in the Instaflow app or any harm from installing or using it;
  • (c) Shopify cannot help you install or use the Instaflow app, unless Shopify says otherwise; and
  • (d) as between Shopify and us, we, not Shopify, are responsible for our access to, use, distribution and storage of your Shopify store data.

7.5 Uninstalling. If you uninstall the app, we lose access to your store, and features that depend on the connection stop working. When Shopify asks us to, we delete data received from Shopify as Shopify's terms require, such as your store's analytics and order data. Uninstalling does not delete your Pages or Published Pages, which are your Output. They stay in your team, without live data from your store, until you unpublish and delete them or delete the team.

8. Plans, fees and billing

8.1 Plans and prices. Our plans, prices, features and limits are shown on our Pricing page at https://instaflow.ai and in the app. The price and plan details shown when you subscribe apply to your subscription, unless they change under section 8.9.

8.2 Two ways to pay. How you pay depends on how you signed up:

  • (a) Direct (Stripe). If you subscribe through our website or app, we bill you through our payment processor, Stripe.
  • (b) Shopify. If you installed Instaflow from the Shopify App Store, Shopify bills you for your plan, and the charges appear on your Shopify invoice. Shopify's billing terms also apply. Charges, renewals, cancellations and any refunds go through Shopify.

These Terms govern your use of the Service whichever way you pay. Where Shopify bills you, Shopify's billing terms decide how payment, renewal, cancellation and refunds work, to the extent they differ from this section 8. If we don't receive payment for your plan from Shopify, we may treat it as unpaid fees under section 8.10.

8.3 Paying through Stripe. If you pay through Stripe, you authorise us and Stripe to charge your payment card at the start of each billing period for the fees for that period, plus any taxes. You must keep a valid payment card on file. Stripe processes your payment details under its own terms and privacy policy, and we do not store your full card details.

8.4 Currency. Fees are charged in the currency shown on the Pricing page or at checkout. Your bank or card issuer may charge foreign exchange or transaction fees, which you must pay.

8.5 Taxes and VAT. Fees do not include VAT or other taxes unless the Pricing page says so. You must pay all applicable taxes, other than taxes on our income. If you are a business in the EU outside Ireland and give us a valid VAT number, we will apply the reverse charge where the law allows it, and you account for VAT yourself. We may check your VAT number and charge VAT if it is not valid. Where Shopify bills you, Shopify calculates and collects the taxes on its invoice.

8.6 Automatic renewal and cancellation. Paid plans run for one month at a time and renew automatically at the end of each month until cancelled. You can cancel at any time in the app's billing settings, or, for Shopify billing, by changing your plan or uninstalling the app in Shopify. Cancellation takes effect at the end of the current billing period. Until then, you keep your paid features. After that, your team moves to the Free plan, or loses access if no Free plan applies.

8.7 Upgrades and downgrades. You can change plan at any time. The change takes effect straight away, including the new plan's features, limits and credit allowance for the current billing period. We don't prorate: we don't charge extra or refund any difference for the current billing period, and the new plan's price applies from your next billing period. If you downgrade, your credit allowance for the current billing period falls to the new plan's allowance, or to the credits you have already used if that is higher. If you downgrade to a plan with lower limits, you may need to reduce your usage, for example by unpublishing Pages, to fit the new plan.

8.8 No refunds. Fees are non-refundable, including for partly used periods, unused credits and unused features, unless these Terms say otherwise or the law requires a refund. Where Shopify bills you, any refund is issued through Shopify.

8.9 Price changes. We may change our prices. We will give you at least 30 days' notice by email or in the app before a price increase applies to you. The new price applies from your next billing period after the notice period ends. If you don't agree, you can cancel before then.

8.10 Failed or late payment. If a payment fails, we or Stripe may retry it. You must pay overdue amounts promptly. If an amount is still unpaid 14 days after we notify you, we may suspend paid features under section 17. We may also claim interest and compensation on late payments under the European Communities (Late Payment in Commercial Transactions) Regulations 2012.

9. AI credits

9.1 What credits are. Many AI features use AI credits. Credits are a usage allowance that measures how much AI work your plan includes. They are not money, electronic money or a deposit, and they have no cash value.

9.2 How credits are used. The credits an action uses depend on the feature and the amount of work involved. For example, generating a full Page uses more than writing a title. We may reserve credits when an action starts and settle the final amount when it ends. The credit allowance for each plan is set out in sections 9.3 and 9.4.

9.3 Paid plan credits. Paid plans include a set number of credits for each billing period: 10,000 credits on the Growth plan and 20,000 credits on the Scale plan. Credits reset at the start of each billing period. Unused credits do not roll over, cannot be transferred to another team or person, and are not refunded, including when you cancel or downgrade.

9.4 Free plan credits. The Free plan includes a one-time allowance of 1,000 credits. It does not reset. It is given once per person, so deleting a team and creating a new one does not restore it.

9.5 When credits run out. When your credits run out, features that use credits stop working until your credits reset or you upgrade. We may change how many credits a feature uses, for example when our AI costs change. If a change materially reduces the value of your paid plan, section 5.4 applies.

10. Free plan

10.1 We may offer a Free plan. Its features and limits are shown on the Pricing page. They include limits on the number of stores, Pages, generations and credits, and may include limits per store, per period and per day.

10.2 Each person may own only one free team. You must not create multiple accounts or teams, or use other tricks, to get more free usage. The AUP says more about this.

10.3 We may change or withdraw the Free plan, or its limits, at any time. If a change means your existing Published Pages would exceed the Free plan limits, we will give you at least 30 days' notice first.

10.4 The Free plan is provided "as is". Section 21.1 (our limited warranty) does not apply to it.

11. Ownership and licences

11.1 Your Customer Content. As between you and us, you own your Customer Content. We get no ownership rights in it.

11.2 Your Output. As between you and us, and to the extent the law allows, you own the Output generated for you. We assign to you all the rights we have, if any, in that Output. This does not cover Instaflow Materials that appear in or run alongside the Output (see section 11.3).

11.3 Our Instaflow Materials. We and our licensors own the Instaflow Materials, including the page runtime, templates, shared components and analytics script that your Pages use. We grant you a non-exclusive, worldwide, royalty-free licence to use the Instaflow Materials that are embedded in your Output, only as part of that Output and only for as long as you use that Output. Apart from that, these Terms give you no rights in the Instaflow Materials.

11.4 Output may not be unique. Because of how AI works, other customers may receive Output that is similar or identical to yours. Our assignment in section 11.2 does not cover other customers' Output.

11.5 Copyright in AI output is uncertain. AI-generated content may not be protected by copyright or other rights in some countries. We don't promise that any Output can be protected, registered or enforced.

11.6 Your licence to us. You grant us, and the providers who host and run the Service for us, a non-exclusive, worldwide, royalty-free licence to use, host, store, copy, modify, transmit, display and publish your Customer Content and Output. This licence is only for providing, operating, securing and supporting the Service for you, including hosting your Published Pages, and for creating aggregated or de-identified statistics under section 11.8. It ends when the content is deleted from the Service, except for backups that are deleted on their normal schedule and anything we must keep by law.

11.7 Feedback. If you give us suggestions or other feedback about the Service, we may use it freely and without paying you. Feedback does not include your Customer Content or Output.

11.8 Aggregated data. We may collect technical and usage data about how the Service is used. We may combine it with data from other customers in an aggregated or de-identified form that does not identify you, your Authorised Users, your Visitors or any other person. We may use that data to run, secure and improve the Service and to publish general statistics. We only use it to train or improve AI models as section 12 allows. For data we receive from Shopify, we will only use aggregated or derived data in ways Shopify's terms allow.

11.9 Publicity. We will not use your name or logo in our marketing without your permission.

12. AI training and the "Help improve Instaflow" setting

12.1 Off by default. Unless you turn on the setting in section 12.3, we do not use your Customer Content, your Output, your Published Pages or data from your Shopify Store, including any anonymised, aggregated or derived version of them, to train, fine-tune, evaluate or otherwise improve any AI or machine-learning model or system, whether ours or anyone else's.

12.2 Our AI providers. We use AI providers through business APIs under terms that do not allow them to use your data to train their own models. We also turn off the option for the provider to store prompts and responses for later retrieval where the provider offers it. Providers may still keep limited data for a short time to detect abuse, as their terms allow.

12.3 If you opt in. An account owner can turn on "Help improve Instaflow" in your team settings. While it is on, you allow us to use your Output, your Pages (including their code, structure, layout, copy and images), your briefs and the aggregated performance results of your Pages (such as conversion rates) to develop and improve the Service and its AI features. This includes:

  • (a) using them as examples, reference material or test cases for our AI agents, prompts and templates; and
  • (b) training or fine-tuning AI models that we use only to provide the Service, including through our AI providers' fine-tuning services.

Shopify's API terms prohibit us from using data from your Shopify Store to train or improve AI without your consent. Turning on this setting is that consent, for the uses in this section.

12.4 Safeguards when you opt in.

  • (a) We never use personal data about your Visitors or customers for this, including individual analytics events and Shopify order data. We only use performance results in aggregated form.
  • (b) We take reasonable steps to remove personal data from your Pages and briefs, such as names in testimonials, before we use them.
  • (c) We use what we learn to improve how Instaflow builds pages in general. We don't share your Pages with other customers, and we won't knowingly reproduce your logos, brand assets, product images, product names or distinctive copy in pages for other customers.
  • (d) Your ownership of your Customer Content and Output under section 11 does not change.

12.5 Turning it off. You can turn the setting off at any time. From then on, we stop adding your content and data to new training, example or test sets, and within 30 days we remove it from the examples our AI agents use. A model that was already trained before you turned the setting off may keep what it learned, because that can't be removed from a trained model. If you uninstall the Instaflow app from your Shopify Store or delete your account, we also delete your Pages and data from our example, test and training sets within 30 days.

12.6 Pages you build for others. If you build Pages for someone else, such as an agency client, only turn the setting on if your client has agreed.

12.7 Logs and traces. We keep limited logs and traces of AI requests to run, debug and secure the Service. This is not training. The Privacy Policy explains how long we keep them.

13. AI Output: our disclaimer and your review duty

13.1 AI makes mistakes. Output is generated by AI. It may be wrong, incomplete, out of date, misleading, biased or unsuitable for your purpose, even when it looks detailed and confident. It may resemble existing works, brands or real people. We do not promise that Output is accurate, lawful, original or free of third-party rights.

13.2 You must review every Page before you publish it. You are responsible for checking, correcting and approving all Output before you publish or otherwise use it. In particular, you are responsible for:

  • (a) product claims, descriptions and specifications;
  • (b) prices, discounts, reference ("was") prices, offers, delivery promises and stock or scarcity statements;
  • (c) health, medical, nutrition, safety, environmental and performance claims, and any evidence you need to back them up;
  • (d) reviews, testimonials, endorsements, ratings, certifications and awards;
  • (e) legal notices and information your Pages must show, such as your business identity, terms of sale, returns, cancellation rights and privacy information;
  • (f) making sure the Output does not infringe anyone's rights, including trade marks, copyright and image rights; and
  • (g) making sure the Page and the products it sells comply with the law in each country where you sell, and with the AUP.

13.3 No professional advice. Output is not legal, medical, financial, tax or regulatory advice. Get professional advice where you need it.

13.4 AI transparency. Where the law requires it, including the EU Artificial Intelligence Act (Regulation (EU) 2024/1689), you must tell Visitors that content was generated or changed by AI. You must not remove or alter any marking, label or metadata that identifies content as AI-generated where the law requires it to stay. You must not present Output as made by a person where that would mislead Visitors in breach of the law. For the purposes of the AI Act, we are the provider of the AI features and you are the deployer of them when you publish Output. Each of us will reasonably cooperate with the other to respond to a regulator.

14. Your Pages, products and sales

14.1 You are the seller. You are the seller of the products on your Pages. We are not a party to any sale between you and a Visitor. Checkout, payment, fulfilment, returns, refunds, customer service and consumer rights are between you, your Visitors and Shopify.

14.2 Your legal duties. You are responsible for making sure your Pages, your products and your marketing comply with all laws that apply to you. This includes consumer protection, advertising, price indication, product safety, labelling, e-commerce, data protection, cookie, sanctions and intellectual property law, in every country where you sell.

14.3 Your content. You confirm that you have all the rights, licences and permissions needed to give us your Customer Content and to let us use it under these Terms. You confirm that your Customer Content, and your use of the Service, will not break the law, infringe anyone's rights or breach the AUP.

14.4 Other brands. You must not use the Service to copy another business's store, page design, brand assets, copy or claims. Our agents are instructed not to copy other brands, but you remain responsible for what you publish.

15. Publishing, hosting and custom domains

15.1 Hosting. When you publish a Page, we host it on our infrastructure, which currently runs on Cloudflare. Each team gets one address on instaflow.cc (for example, {your-brand}.instaflow.cc), and each Published Page is available at a path on it (for example, {your-brand}.instaflow.cc/{page}) and on any custom domain you publish it to. Team addresses are unique, so you may not get the name you want, and we may require you to change a name that infringes someone else's rights or breaks the AUP.

15.2 Your responsibility for Published Pages. Published Pages are public. You are responsible for their content and for unpublishing them when you no longer want them live. Unpublishing removes the Page from our hosting.

15.3 Custom domains. You may connect a subdomain of a domain you control, using the DNS settings we provide. You confirm that you own or control each domain you connect, and you are responsible for its registration, renewal and DNS settings. If you lose control of the domain or change its DNS, the Page may stop working. If two people claim the same Page on a custom domain, we may treat the domain's registrant as the owner of that Page. Where both an individual and an organisation are listed as registrant, we may treat the organisation as the owner.

15.4 Analytics on Published Pages. For stores connected through the installed Shopify app, Published Pages may load our analytics script. It runs only when Shopify's Customer Privacy API reports that the Visitor has allowed analytics. You are responsible for configuring Shopify's privacy and consent settings for your store correctly and for your store's privacy policy. See section 19.

15.5 When your subscription ends or the Agreement ends. Published Pages do not go offline automatically. However:

  • (a) if your paid plan ends and your Published Pages exceed the Free plan limits, or if this Agreement ends for any reason, we may unpublish your Pages and stop hosting them. We will give you at least 30 days' notice before we do; and
  • (b) if we end the Agreement or suspend your account because of a serious breach, an AUP breach, a security risk or a legal requirement, sections 16 and 17 apply instead, and we may act sooner.

When a Page is unpublished, any part of your store or marketing that links to it may stop working.

16. Content moderation and notices

16.1 Our rules. The AUP sets out what content and conduct are not allowed on the Service and on Published Pages. It forms part of these Terms.

16.2 How we moderate. We do not review Pages before they are published. We act on notices from Visitors, rights holders, authorities and others, and on our own initiative when we become aware of possible illegal content or AUP breaches. The AI models we use have their own safety systems, which may refuse some requests. We don't use automated tools to detect or flag content. A person on our team reviews every decision to remove content or restrict an account.

16.3 Reporting content. Anyone can report a Published Page they believe is illegal or breaches the AUP, by email to abuse@instaflow.ai. For notices under Article 16 of the EU Digital Services Act, please include the information listed at /report-content, which is what the law asks for. We confirm receipt, decide without undue delay, and tell the person who reported the content what we decided and how they can seek redress.

16.4 What we may do. If we reasonably believe that content or conduct is illegal or breaches the AUP, we may take proportionate action. This includes:

  • (a) warning you;
  • (b) asking you to change or remove content;
  • (c) removing or disabling access to content, or unpublishing a Page;
  • (d) disconnecting a custom domain;
  • (e) restricting AI generation or publishing; or
  • (f) suspending or terminating your account.

16.5 Statement of reasons. When we restrict your content or account on the ground that it is illegal or breaches our terms, we will send you a statement of reasons, as the Digital Services Act requires, unless the law prevents us. It will say what we did and for how long, the facts we relied on, whether we used automated means, the legal or contractual ground, and how you can appeal.

16.6 Appeals. You can appeal a decision by emailing abuse@instaflow.ai from your account email address within 6 months of our notice, explaining why you think we got it wrong. A person who was not involved in the original decision will review it. You can also use any out-of-court dispute settlement body that may be available, or go to court.

16.7 Authorities. We comply with valid orders from courts and authorities. We report information about suspected criminal offences that threaten someone's life or safety to the relevant authorities, as the law requires.

17. Suspension

17.1 We may suspend all or part of the Service for your account, including Published Pages, if:

  • (a) you have not paid fees that are due, and you have not paid within 14 days after we notified you;
  • (b) you or your Authorised Users breach the AUP, or we reasonably believe you have;
  • (c) your use poses a security risk to the Service, to us, to other customers or to third parties, or may harm our infrastructure or providers; or
  • (d) the law, a court, an authority or Shopify requires it.

17.2 We will give you notice before suspension, and a chance to fix the problem, where that is practical. We may suspend without notice where there is an urgent risk or the law requires it. In that case, we will tell you as soon as we reasonably can.

17.3 We will limit the suspension to what is reasonably necessary, and lift it once the reason for it has been resolved. Fees remain payable during a suspension caused by your breach or non-payment.

18. Third-party services

18.1 The Service works with, and relies on, services that we do not control. These include Shopify, AI model providers, hosting and infrastructure providers, payment processors and the services you choose to connect. Your use of a third-party service is governed by your agreement with that provider.

18.2 We are not responsible for third-party services, or for any outage, change, error or decision by a third-party provider. This includes Shopify suspending your store or changing its APIs, or an AI provider changing or withdrawing a model. We are, however, responsible for the subprocessors we use to process personal data on your behalf, as set out in the DPA.

18.3 If a third-party service we rely on stops being available on reasonable terms, we may change or remove the features that depend on it.

19. Data protection

19.1 Both of us must comply. Each of us will comply with data protection law that applies to it, including the EU General Data Protection Regulation (GDPR), the Irish Data Protection Acts 1988 to 2018, and the ePrivacy rules.

19.2 Where we are the controller. We are the controller of personal data we process to run our business and your account. This includes account, team, billing and support data, the product, onboarding and marketing emails we send you, data from our website and its contact form, and security and app telemetry. We also act as controller when we use your prompts and usage for our own limited purposes, such as preventing abuse, metering AI credits, providing support and keeping the Service secure. Our Privacy Policy at /privacy explains this processing.

19.3 Where we are your processor. We process some personal data on your behalf as your processor. This covers Visitor analytics on your Published Pages, the order, checkout and refund data we receive from Shopify for your store, and any personal data about other people contained in your Customer Content (for example names in testimonials or in files you upload). You are the controller of that data. The DPA at /dpa applies to that processing and is incorporated into these Terms by reference. By accepting these Terms, you also accept the DPA. Our current subprocessors are listed at /subprocessors.

19.4 Shopify. Shopify is an independent controller of the data it processes, including the data it collects at checkout and through its own analytics and privacy banner.

19.5 Your duties. You must:

  • (a) have a privacy policy for your store that tells Visitors how their data is used, including through Instaflow, and keep Shopify's privacy and consent settings for your store correctly configured;
  • (b) have a lawful basis for any personal data you give us, and for any personal data your Pages collect;
  • (c) not put special category data, such as health data, or data about children, into prompts, briefs or uploaded files; and
  • (d) not upload files containing your customers' personal data, such as customer lists, unless a feature is designed for that and the DPA covers it.

20. Confidentiality

20.1 "Confidential Information" means non-public information that one of us (the discloser) gives the other (the recipient) in connection with the Agreement, and that is marked as confidential or that a reasonable person would understand to be confidential. Your Customer Content that is not public is your Confidential Information. Non-public parts of the Instaflow Materials, our prompts and our security information are ours.

20.2 The recipient will use the discloser's Confidential Information only for the Agreement, protect it with at least reasonable care, and share it only with its staff, contractors, subprocessors and advisers who need to know it and are bound by similar duties of confidence.

20.3 These duties do not cover information that is or becomes public through no fault of the recipient, that the recipient already knew without a duty of confidence, that it lawfully receives from someone else without a duty of confidence, or that it develops independently.

20.4 The recipient may disclose Confidential Information if the law, a court or an authority requires it. Where the law allows, it will tell the discloser first and help the discloser limit the disclosure.

20.5 These duties continue for 5 years after the Agreement ends, and for as long as information remains a trade secret.

21. Warranties and disclaimers

21.1 Our limited warranty. For paid plans, we warrant that the Service will perform materially as described in our documentation. If it does not, tell us within 30 days of first noticing the problem. We will use reasonable efforts to fix it. If we can't fix it within a reasonable time, either of us may end your paid plan, and we will refund any prepaid fees for the period after it ends. This warranty does not apply to Output, beta features, free use, or problems caused by misuse, third-party services or changes made by anyone other than us.

21.2 Mutual warranties. Each of us confirms that it has the power and authority to enter into the Agreement.

21.3 Disclaimer. Apart from what these Terms expressly say, the Service, the AI features and the Output are provided "as is" and "as available". To the extent the law allows, we exclude all other warranties, conditions and terms, whether express or implied by statute, common law or otherwise. This includes the terms implied by section 39 of the Sale of Goods and Supply of Services Act 1980, and any terms about quality, fitness for purpose, accuracy and non-infringement. We do not promise that the Service will be uninterrupted, error-free or secure, or that it will meet your requirements.

21.4 No guarantee of results. We do not guarantee any level of traffic, visitors, conversions, sales, revenue or return on ad spend from your Pages. Analytics and attribution figures are estimates. They depend on Visitor consent, browser behaviour, Shopify data and other factors outside our control, and they may be incomplete.

22. Indemnities

22.1 Your indemnity. You will defend us, and indemnify us against all losses, damages, fines, costs and reasonable legal fees, arising from any third-party claim or regulatory action relating to:

  • (a) your Customer Content;
  • (b) your Pages and Published Pages, including the Output you choose to publish;
  • (c) the products and services you sell, and your sales, marketing and dealings with Visitors and customers;
  • (d) your breach of the AUP or of sections 13, 14 or 19.5; or
  • (e) the instructions you give to AI agents.

22.2 Our IP indemnity. We will defend you against any third-party claim that the Instaflow Materials, when used by you as the Agreement allows, infringe that third party's intellectual property rights. We will also pay damages and costs finally awarded against you, or agreed by us in settlement. We have no obligation for claims arising from Output, Customer Content, third-party services, free or beta use, your modification of the Instaflow Materials, or your combination of them with things we did not supply. If a claim is made or likely, we may get you the right to keep using the Service, change it so it no longer infringes, or, if neither is reasonably possible, end the affected service and refund prepaid fees for the unused period. This section 22.2 is our entire liability for infringement claims.

22.3 Process. The party seeking an indemnity must tell the other party promptly about the claim, let it control the defence and settlement, and give reasonable help at its cost. The indemnifying party will not settle a claim in a way that admits fault by, or imposes obligations on, the other party without that party's consent, which it will not unreasonably withhold.

23. Limitation of liability

23.1 What we don't limit. Nothing in the Agreement limits or excludes either party's liability for:

  • (a) death or personal injury caused by its negligence;
  • (b) fraud or fraudulent misrepresentation; or
  • (c) anything else that cannot be limited or excluded by law.

23.2 Excluded losses. Subject to section 23.1, neither of us is liable to the other, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:

  • (a) loss of profits, revenue, sales or business;
  • (b) loss of goodwill or reputation;
  • (c) loss of anticipated savings or opportunity;
  • (d) loss or corruption of data, except our duty to restore data from our backups where we can; or
  • (e) any indirect, special or consequential loss.

23.3 Cap. Subject to sections 23.1 and 23.4, each party's total liability arising out of or in connection with the Agreement in any 12-month period is limited to the fees paid or payable by you for the Service in the 12 months before the event giving rise to the claim. This includes fees paid through Shopify. If you have paid no fees in that period, the limit is €100.

23.4 Outside the cap. The cap in section 23.3 does not apply to:

  • (a) your duty to pay fees; or
  • (b) your indemnity in section 22.1.

23.5 Why these limits. Our prices reflect the risk allocation in this section. Each of us has had the chance to consider it, and it forms an essential part of the bargain.

24. Term, termination and your data

24.1 Term. The Agreement starts when you accept these Terms and continues until it ends under this section.

24.2 Ending it yourself. You can stop using the Service at any time. To end the Agreement, cancel any paid plan, unpublish your Pages, then delete your teams and account in the app. For Shopify billing, also uninstall the app. The app will not let you delete a team while it has a paid plan that is still set to renew, Published Pages or connected custom domains, or delete your account while you are the last owner of a team. If you delete a team whose paid plan you have already cancelled, the plan ends straight away instead of at the end of the billing period, and no refund is due for the rest of that period.

24.3 Ending it for breach or insolvency. Either of us may end the Agreement by written notice if the other:

  • (a) commits a material breach and does not fix it within 30 days of being asked to;
  • (b) commits a material breach that cannot be fixed; or
  • (c) becomes insolvent, enters examinership, receivership, liquidation or a similar process, or stops trading.

24.4 Our other rights to end it. We may also end the Agreement:

  • (a) immediately, if you seriously or repeatedly breach the AUP, or if the law, an authority or Shopify requires it;
  • (b) for an account on the Free plan, with 30 days' notice; or
  • (c) for any reason, with at least 60 days' notice. If we do this, we will refund any prepaid fees for the period after the Agreement ends.

24.5 What happens when it ends.

  • (a) Your right to use the Service ends.
  • (b) You must pay any fees that are due.
  • (c) We may unpublish your Pages under section 15.5.
  • (d) Sections that by their nature should survive will continue. These include sections 8 (for amounts due), 11, 13, 14, 20, 21.3, 21.4, 22, 23, 24.5, 24.6 and 28.

24.6 Export and deletion. We don't offer a data export feature, so copy anything you want to keep before the Agreement ends. After the Agreement ends, we delete your Customer Content and Output within 90 days, unless the law requires us to keep it or it is needed for a legal claim. Copies in backups are deleted on their normal cycle, within 7 days. Data in aggregated or de-identified form under section 11.8 is not deleted. The DPA and Privacy Policy explain what happens to personal data. When you delete content, Pages, teams or your account yourself, we delete the related data as described in the Privacy Policy.

25. Beta features

25.1 We may offer features labelled as beta, preview, early access or similar ("Beta Features"). Beta Features are provided "as is", may contain errors, may change or be withdrawn at any time, and may never become generally available.

25.2 Beta Features are free unless we say otherwise. We may start charging for a Beta Feature after giving you at least 30 days' notice. You can stop using it before charges begin.

25.3 Our limited warranty and indemnity do not apply to Beta Features. To the extent the law allows, we have no liability for your use of them, subject always to section 23.1.

26. Changes to these Terms

26.1 We may change these Terms from time to time, for example to reflect changes to the Service, the law or our business.

26.2 For material changes, we will give you at least 30 days' notice by email to your team owners or in the app before the change takes effect. If a material change significantly harms you, you may end the Agreement before the change takes effect by cancelling your plan and deleting your account. If you do, and you paid in advance, we will refund prepaid fees for the period after the Agreement ends.

26.3 We may make changes that are not material, such as wording fixes or changes needed for new features, by posting the updated Terms, with a new "last updated" date.

26.4 We may make changes with less notice where the law or an authority requires it, or where we need to address a security risk or misuse. In that case, we give as much notice as we reasonably can.

26.5 If you continue to use the Service after a change takes effect, the updated Terms apply to you.

27. Contacting us

Support: support@instaflow.ai. Legal notices: legal@instaflow.ai. Privacy: privacy@instaflow.ai. Abuse and content reports: abuse@instaflow.ai (see /report-content).

28. General

28.1 Notices. We send notices to the email address of your team owners or show them in the app. You send legal notices to legal@instaflow.ai, with a copy to our registered office if you wish. Email notices count as written notices. A notice by email is received when sent, unless the sender gets an error message.

28.2 Assignment. You may not transfer the Agreement without our written consent, which we will not unreasonably withhold. We may transfer it to an affiliate, or to a buyer of all or most of our business or assets, by giving you notice. We may use subcontractors, but we remain responsible for our obligations.

28.3 Force majeure. Neither of us is liable for a delay or failure to perform caused by events beyond its reasonable control. Payment obligations are not covered. Such events include natural disasters, war, terrorism, civil unrest, epidemics, government action, power or internet failures, cyber-attacks, and outages or failures of third-party providers we reasonably rely on, including hosting and cloud providers, Shopify and AI model providers. The affected party will tell the other promptly and try to resume performance. If the event lasts more than 30 days, either of us may end the affected paid plan by notice.

28.4 Entire agreement. The Agreement is the entire agreement between us about its subject and replaces all earlier discussions and agreements. Neither of us has relied on any statement not set out in the Agreement, but this does not limit liability for fraud. Terms in your purchase orders or other documents do not apply.

28.5 Severability. If a court finds any part of the Agreement invalid or unenforceable, the rest stays in force. The affected part applies with the minimum change needed to make it valid.

28.6 Waiver. If either of us does not enforce a right straight away, it can still enforce it later.

28.7 Relationship. We are independent contractors. Nothing in the Agreement creates a partnership, joint venture, agency or employment relationship.

28.8 Third parties. No one other than you and us has any rights under the Agreement.

28.9 Sanctions. You confirm that you and your Authorised Users are not subject to EU, UN, UK or US sanctions, and are not located in a country subject to comprehensive sanctions. You will not use the Service in breach of sanctions or export control laws.

28.10 Language. The Agreement is in English. If we provide a translation, the English version prevails.

28.11 Governing law. The Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, are governed by the laws of Ireland.

28.12 Courts. The courts of Ireland have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Agreement. This does not stop either of us from seeking urgent injunctive relief in any court to protect its intellectual property or Confidential Information.

Parts of this document were adapted from templates prepared by General Legal, PC. This template was prepared and made publicly available by General Legal, PC ("General Legal"). It is provided for general reference purposes only and does not constitute, and should not be construed as, legal advice, or an endorsement or review of any particular transaction in which it is used. Use of this template does not create an attorney-client relationship with General Legal. General Legal has not reviewed, and takes no position on, any modifications made to this document or the deal terms it is used to document.