Introduction and Scope
1.1 These AI Product Terms (“AI Terms”) govern your use of Instant’s AI-powered features, including Content Studio and any other current or future tools that use artificial intelligence or machine learning to generate, edit, enhance, or optimise content (collectively, the “AI Features”).
1.2 These AI Terms supplement and form an integral part of the Instant Terms of Service (the “Terms”) available at instant.so/terms-of-service. Capitalised terms not defined here have the meaning given in the Terms.
1.3 In the event of a conflict between these AI Terms and the Terms, these AI Terms shall prevail with respect to your use of the AI Features.
1.4 Instant may update these AI Terms from time to time. We will notify you of material changes in advance. Continued use of the AI Features after such notice constitutes your acceptance of the updated AI Terms. If you do not agree, you must stop using the AI Features.
Definitions
2.1 “Input” means any text, images, product data, brand assets, prompts, instructions, or other content you provide to the AI Features for processing.
2.2 “Output” means any images, text, copy, layouts, design elements, or other content generated by the AI Features based on your Input.
2.3 “AI Content” means Input and Output collectively.
2.4 “Content Studio” means Instant’s integrated content creation environment that uses AI models to generate and edit visual and textual content for ecommerce purposes.
Ownership of AI Content
3.1 Your Input. As between you and Instant, you retain all ownership rights, including intellectual property rights, in your Input. Nothing in these AI Terms transfers ownership of your Input to Instant.
3.2 Your Output. As between you and Instant, and to the extent permitted by applicable law, you own the Output generated through your use of the AI Features. Instant hereby assigns to you all its right, title, and interest, if any, in and to Output.
3.3 Non-Uniqueness. Due to the nature of artificial intelligence, Output may not be unique. Other users of the AI Features may receive similar or identical Output. The assignment in clause 3.2 does not extend to other users’ Output.
3.4 No Copyright Guarantee. AI-generated content may not qualify for copyright protection under applicable law. Instant makes no representation or warranty regarding the copyrightability, registrability, or legal protectability of any Output.
3.5 Instant’s Intellectual Property. For the avoidance of doubt, the AI Features themselves — including all underlying models, algorithms, software, interfaces, and documentation — remain the exclusive intellectual property of Instant (or its licensors). No rights to the AI Features are granted to you other than the limited license in the Terms.
Commercial License
4.1 Subject to your active paid subscription and compliance with these AI Terms, Instant grants you a worldwide, non-exclusive, perpetual license to use, reproduce, modify, display, distribute, and create derivative works from the Output for any lawful commercial purpose, including but not limited to product marketing, advertising, social media, ecommerce
storefronts, and client work.
4.2 Users on a free plan may use Output for personal and non-commercial evaluation purposes only, unless otherwise stated on Instant’s pricing page.
4.3 The commercial license in clause 4.1 survives termination of your subscription with respect to Output generated during the active subscription period.
Your Responsibilities
5.1 Input Compliance. You represent and warrant that: (a) you have all necessary rights, licences, and permissions to provide your Input to the AI Features; (b) your Input does not infringe or misappropriate any third party’s intellectual property rights, privacy rights, or other legal rights; and (c) your Input complies with applicable law.
5.2 Output Review. You are solely responsible for reviewing, verifying, and approving all Output before publication, distribution, or any other use. This includes reviewing Output for accuracy, appropriateness, legal compliance, and potential infringement of third-party rights.
5.3 No Sensitive Personal Data. You shall not include any special categories of personal data (as defined in Article 9 of the GDPR) in your Input, unless Instant has expressly agreed in writing to process such data in connection with the AI Features.
5.4 Compliance with Shopify Terms. You acknowledge that your use of Output on the Shopify platform remains subject to Shopify’s terms of service and applicable policies, including any requirements relating to content standards, product listings, and advertising.
Acceptable Use of AI Features
6.1 In addition to the restrictions in the Terms, you shall not use the AI Features to generate,attempt to generate, or distribute content that:
(a) infringes, misappropriates, or violates the intellectual property, personality, privacy, or other rights of any third party;
(b) is unlawful, defamatory, obscene, harmful, threatening, abusive, harassing, tortious, or otherwise objectionable;
(c) depicts, promotes, or facilitates child sexual abuse material, non-consensual intimate imagery, or the exploitation of minors in any form;
(d) promotes violence, terrorism, self-harm, or discrimination against any individual or group;
(e) is deceptive, fraudulent, or misleading, including content designed to impersonate real individuals or entities without their consent;
(f) is designed to spread misinformation or to manipulate public opinion on political, social, or health-related matters;
(g) violates applicable advertising, consumer protection, or product safety laws;
(h) is used to develop, train, fine-tune, or improve any artificial intelligence or machine learning model that competes with Instant’s products or services;
(i) attempts to extract, reverse-engineer, or reconstruct Instant’s underlying AI models, model weights, training data, system prompts, or proprietary algorithms; or
(j) circumvents, disables, or interferes with any safety filters, content moderation mechanisms, usage limits, or other controls implemented by Instant.
6.2 Content Moderation. Instant may, but is not obligated to, monitor, review, or moderate Input and Output. Instant reserves the right to refuse to process any Input, remove or disable access to any Output, or suspend or terminate your access to the AI Features if Instant reasonably believes that a violation of these AI Terms has occurred or is likely to occur.
6.3 AI-Generated Disclosure. Where required by applicable law (including but not limited to the EU AI Act, the Digital Services Act, or applicable national legislation), you shall clearly disclose that content was generated or substantially assisted by artificial intelligence.
Data Use and Model Training
7.1 No Training on Your Data. Instant will not use your Input, Output, store data, product information, brand assets, customer data, or any other merchant-specific data to train, fine-tune, retrain, or improve Instant’s or any third party’s AI or machine learning models, unless you have given prior, explicit, and informed opt-in consent for a specific, clearly defined purpose.
7.2 Processing for Service Delivery. Instant may process your Input solely for the purpose of generating Output and delivering the AI Features to you. This includes transmitting Input to third-party AI model providers as described in clause 8.
7.3 Aggregated and Anonymised Data. Instant may use aggregated, anonymised, and non-identifiable usage data (such as feature adoption rates, error rates, and performance metrics) to monitor, maintain, and improve the AI Features. Such data will not contain any Input, Output, or data that can be linked back to you or your store.
7.4 Prompt Logging. Instant may temporarily log Input prompts for the purpose of abuse prevention, safety monitoring, and debugging. Such logs will be automatically deleted within thirty (30) days and will not be used for model training purposes.
Third-Party AI Providers
8.1 The AI Features may utilise third-party AI models and services to generate Output. Instant selects and manages all third-party AI providers and ensures that they are bound by contractual obligations regarding data protection, confidentiality, and security that are at least as protective as those in these AI Terms and the Terms.
8.2 Instant will maintain a list of its AI sub-processors (including third-party AI model providers) and will make this list available upon reasonable request. Instant will provide reasonable prior notice of any material changes to the AI sub-processor list.
8.3 Instant ensures that all third-party AI providers used in connection with the AI Features operate under zero-data-retention or equivalent policies with respect to your Input, meaning that your data is not stored by the third-party provider beyond the time required to generate the Output.
Usage Limits and Fair Use
9.1 Your subscription plan determines the volume, type, resolution, and frequency of AI-generated content available to you. Current plan entitlements are described on Instant’s pricing page at instant.so/pricing.
9.2 Instant reserves the right to implement usage limits, rate limits, queuing mechanisms, or other controls to ensure fair access to the AI Features across all users and to maintain service quality and stability.
9.3 Automated or programmatic access to the AI Features (including via scripts, bots, or unofficial API integrations) is prohibited unless expressly authorised by Instant in writing.
9.4 Instant may, at its sole discretion, adjust plan entitlements or introduce new tiers. Any changes to entitlements for existing subscribers will be communicated in advance and will not apply retroactively to the current billing period.
. Warranties and Disclaimers
10.1 AI Output is provided “as is.” AI-generated content is produced by artificial intelligence models and has not been independently verified, reviewed, or endorsed by Instant. Instant does not guarantee the accuracy, completeness, originality, reliability, quality, fitness for purpose, or legal compliance of any Output.
10.2 No Infringement Warranty. Instant makes no warranty or representation that Output will not infringe, misappropriate, or violate the intellectual property rights or other rights of any third party. AI models may produce content that resembles existing works, trademarks, or the likeness of real individuals.
10.3 No Professional Advice. Output should not be relied upon as a substitute for professional advice, including legal, medical, financial, or regulatory advice. You are responsible for independently verifying any claims, data, or recommendations contained in Output.
10.4 Service Availability. Instant does not guarantee uninterrupted, error-free, or continuous access to the AI Features. The AI Features may be subject to scheduled or unscheduled downtime, model updates, or changes in capability. Instant will use commercially reasonable efforts to maintain the availability and performance of the AI Features.
10.5 Model Changes. Instant may update, replace, or discontinue specific AI models used within the AI Features at any time. Such changes may result in differences in Output quality, style, or behaviour. Instant will use reasonable efforts to maintain or improve Output quality over time but does not guarantee that Output will remain consistent across model updates.
. Liability
11.1 The limitations of liability set out in the Terms (including Section 7 thereof) apply in full to your use of the AI Features and any AI Content.
11.2 Without limiting the foregoing, Instant shall not be liable for any losses, damages, costs, or expenses arising from or in connection with: (a) any inaccuracy, error, or omission in Output; (b) any infringement or alleged infringement of third-party rights arising from your use or distribution of Output; (c) any decision made or action taken by you in reliance on Output;
(d) any modification, interruption, or discontinuation of the AI Features or any AI model used therein; or (e) any failure to meet the requirements of any content labelling or AI transparency regulation.
11.3 You will indemnify and hold harmless Instant, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors from any claims, demands, losses, or damages (including reasonable legal fees) arising out of or related to: (a) your Input; (b) your use or distribution of
Output; (c) any allegation that Output infringes third-party intellectual property rights; or (d) your breach of these AI Terms.
12. Data Privacy
12.1 To the extent that any Input contains personal data, the processing of such data in connection with the AI Features is governed by the Data Processing Agreement in Annex I of the Terms. Instant acts as a processor on your behalf and will process personal data only in accordance with your documented instructions.
12.2 If Output contains personal data (for example, AI-generated text that includes names or other identifiers based on your Input), you remain the controller of such data and are responsible for ensuring that your use of it complies with the GDPR and any other applicable data protection laws.
12.3 Instant will implement appropriate technical and organisational measures to protect AI Content during processing, transmission, and temporary storage, in accordance with Article 32 of the GDPR
13. Content Retention and Deletion
13.1 Output generated through the AI Features may be stored within your Instant account for as long as your subscription is active.
13.2 Upon termination or expiry of your subscription, Instant will handle any stored AI Content in accordance with Section 4.4 of the Terms. Instant will not retain Output for the purpose of training AI models after the termination of your account.
13.3 You are responsible for downloading and retaining copies of any Output you wish to preserve. Instant is not obligated to maintain, recover, or make available any Output after termination of your account, except as required by applicable mandatory law.
. Provenance and Metadata
14.1 Output generated by the AI Features may include metadata indicating that the content was created with the assistance of artificial intelligence (for example, C2PA or equivalent provenance data).
14.2 You shall not remove, alter, falsify, or disable any such provenance or metadata tags where their retention is required by applicable law, including but not limited to the EU AI Act (Regulation (EU) 2024/1689) and any national implementing legislation.
14.3 Instant will provide reasonable documentation or support to help you comply with AI transparency and content labelling obligations under applicable law.
15. Feedback
15.1 If you provide Instant with any suggestions, ideas, enhancement requests, recommendations, or other feedback regarding the AI Features (“Feedback”), you hereby grant Instant a worldwide, non-exclusive, irrevocable, royalty-free, perpetual licence to use, reproduce, modify, and incorporate such Feedback into the AI Features or any other Instant
products or services, without any obligation of compensation, attribution, or confidentiality to you.
15.2 For the avoidance of doubt, Feedback does not include Input or Output, which are governed by clauses 3 and 7 respectively.
16. General Provisions
16.1 Governing Law and Jurisdiction. These AI Terms are governed by Dutch law. Any disputes arising out of or in connection with these AI Terms shall be submitted to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands, in accordance with Section 9 of the Terms.
16.2 Severability. If any provision of these AI Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
16.3 Entire Agreement. Together with the Terms (including the Data Processing Agreement), these AI Terms constitute the entire agreement between you and Instant with respect to the subject matter hereof and supersede all prior agreements, understandings, and representations relating to the AI Features.
16.4 Contact. If you have any questions about these AI Terms, please contact us at support@instant.so
Date: 18 February 2026
