Legal

Terms and Conditions

Last Updated: January 15, 2025
Effective: February 1, 2025

These Terms and Conditions ("Terms") govern your access to and use of InstaLandAI's website, services, and applications (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

1. Acceptance of Terms

By accessing or using InstaLandAI's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date. It is your responsibility to review these Terms periodically. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

Eligibility

You must be at least 18 years old to use our Services. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from the Services; and (c) your registration and use of the Services complies with all applicable laws and regulations.

2. Definitions

Services

The InstaLandAI website, applications, tools, APIs, and all services provided by InstaLandAI.

User

Any individual or entity who accesses or uses the Services, whether or not they have an account.

Account

The registered access credentials and associated profile that allows a User to access and use the Services.

Content

Any information, data, text, images, videos, audio files, or other materials uploaded, generated, or otherwise made available through the Services.

User Content

Content that a User uploads, creates, or otherwise makes available through the Services.

Generated Content

Content that is created or produced by InstaLandAI's AI technology based on User inputs or instructions.

Landing Page

A web page created using the Services, whether generated by AI or manually designed by a User.

Subscription Plan

The paid service tier that a User selects, which determines the features, usage limits, and pricing for the Services.

3. Account Registration and Security

Account Creation

To access certain features of the Services, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete.

Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • Restricting access to your account
  • Ensuring that all activities under your account comply with these Terms
  • Notifying us immediately of any unauthorized access or use of your account

You accept all responsibility for any activity that occurs under your account. We cannot and will not be liable for any loss or damage resulting from your failure to comply with these obligations.

Account Sharing

Your account is personal to you and may not be transferred, sold, or assigned to another person or entity. You may not share your account credentials with others except as explicitly permitted under a specific Subscription Plan that allows for team members or collaborators. You remain responsible for all actions taken under your account, including those by authorized team members.

4. Service Description and Limitations

Service Description

InstaLandAI provides an AI-powered platform for creating, designing, and optimizing landing pages. Our Services include AI-generated content, design tools, analytics, publishing capabilities, and related features. The specific features available to you depend on your Subscription Plan.

Service Limitations

You acknowledge and agree to the following limitations of the Services:

Availability

We strive to maintain high availability of our Services, but we do not guarantee uninterrupted access. Services may be occasionally unavailable due to maintenance, upgrades, or factors beyond our control.

AI Limitations

AI-generated content and designs are created based on probabilistic models and may not always meet your exact expectations. The AI has inherent limitations and may occasionally produce unexpected or undesired outputs.

Usage Limits

Your use of the Services is subject to usage limits based on your Subscription Plan, including limits on the number of landing pages, API requests, or other features.

Third-Party Services

Our Services may integrate with third-party services. We are not responsible for any issues arising from these third-party services or their integration with our Services.

Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. This includes adding or removing features, changing pricing, or updating the user interface. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

5. Intellectual Property Rights

Our Intellectual Property

The Services, including their entire contents, features, and functionality, are owned by InstaLandAI, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms do not grant you any right, title, or interest in the Services, our trademarks, logos, or other intellectual property, or the content provided on or through the Services, except for the limited license expressly set forth in these Terms.

License to Use Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal or internal business purposes. This license is conditional on your compliance with these Terms and does not include the right to:

  • Modify, reproduce, distribute, or create derivative works based on the Services
  • Frame or mirror any part of the Services without our prior written permission
  • Access the Services to build a competitive product or service
  • Copy, reproduce, distribute, republish, download, display, post, or transmit any part of the Services in any form or by any means
  • Use data mining, robots, or similar data gathering methods

Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us an unlimited, worldwide, perpetual, irrevocable, fully-paid, royalty-free right and license to use, copy, modify, publish, distribute, create derivative works from, and otherwise exploit the Feedback for any purpose without compensation or attribution to you.

6. User Content

Ownership of User Content

You retain all rights to any User Content you submit, post, or display on or through the Services. By providing User Content, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content in any and all media or distribution methods, now known or later developed, solely for the purpose of providing and improving the Services.

Generated Content

You own all rights to the Generated Content created specifically for you using our Services, subject to payment of applicable fees and our underlying intellectual property in our AI technology, models, and systems. We grant you a worldwide, non-exclusive, fully-paid, and royalty-free license to use, copy, modify, and create derivative works based on the Generated Content for any purpose, whether commercial or non-commercial.

User Content Representations and Warranties

You represent and warrant that:

  • You either own or have all necessary rights, licenses, consents, and permissions to use and authorize us to use your User Content
  • Your User Content does not infringe or violate any third party's intellectual property rights, privacy rights, publicity rights, or other rights
  • Your User Content complies with these Terms and all applicable laws and regulations
  • Your User Content is not deceptive, misleading, offensive, or otherwise objectionable

Content Removal

We reserve the right, but are not obligated, to review, screen, or remove any User Content that we consider to be in violation of these Terms, applicable laws, or our content policies. We have no obligation to retain or provide you with copies of your User Content, and we do not guarantee any confidentiality with respect to User Content.

7. Payment Terms and Subscription

Subscription Plans

We offer various Subscription Plans with different features, limitations, and pricing. Current pricing and plan details are available on our website. We reserve the right to change our prices and Subscription Plans at any time, with notice to existing subscribers.

By selecting a Subscription Plan and providing payment information, you agree to pay the fees associated with that plan according to the billing terms. All payments are non-refundable except as expressly stated in these Terms or as required by applicable law.

Billing and Auto-Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date. By subscribing, you authorize us to charge your payment method for the subscription fees on each renewal date.

If we are unable to process your payment, we may suspend or terminate your access to the Services. You remain responsible for all unpaid fees. If you dispute any charges, you must contact us within 30 days after the date of the charge.

Free Trial

We may offer a free trial period for certain Subscription Plans. Unless otherwise stated, free trials automatically convert to a paid subscription at the end of the trial period unless you cancel before the trial ends. You may be required to provide payment information to start a free trial.

Taxes

All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties, excluding only United States federal or state taxes on our income. Where required, we will collect and remit applicable taxes, and these will be added to your invoice.

8. Cancellation and Termination

Cancellation by You

You may cancel your subscription at any time through your account settings or by contacting our support team. If you cancel, you will still have access to the Services until the end of your current billing period, but you will not receive a refund for any fees already paid. After the current billing period ends, you will lose access to any features or content that requires an active subscription.

Termination by Us

We may terminate or suspend your account and access to the Services, in whole or in part, immediately and without notice if:

  • You breach any of these Terms
  • You fail to pay any fees when due
  • We are required to do so by law
  • We are transitioning to no longer providing the Services to users in your jurisdiction
  • Continued provision of the Services is, in our opinion, no longer commercially viable

Effect of Termination

Upon termination of your account for any reason:

  • Your right to access the Services will immediately cease
  • We may delete your account and User Content from our systems
  • You will remain liable for all amounts due up to and including the date of termination

All provisions of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Prohibited Uses

General Prohibitions

You agree not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services.

You shall not (and shall not permit any third party to) either: (a) take any action, or (b) upload, download, post, submit, or otherwise distribute or facilitate distribution of any content using the Services, that:

  • Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any person or entity
  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, or offensive
  • Constitutes unauthorized or unsolicited advertising, junk or bulk email ("spamming")
  • Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment
  • Interferes with or disrupts the Services or servers or networks connected to the Services
  • Attempts to reverse engineer, decompile, or otherwise attempt to extract the source code of the Services
  • Violates or attempts to violate the security of the Services

Content Restrictions

You may not use the Services to create, upload, or distribute landing pages or other content that:

  • Promotes illegal activities or substances
  • Contains false or misleading information
  • Promotes discrimination, bigotry, racism, hatred, or harm against any individual or group
  • Contains personally identifiable information of individuals without their consent
  • Impersonates another person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity
  • Violates any applicable law, regulation, or industry standard

Enforcement

We reserve the right, but have no obligation, to investigate any suspected violation of these prohibitions. We may take any action we deem appropriate, including but not limited to suspending or terminating your access to the Services, removing content, or reporting violations to law enforcement authorities, without prior notice.

10. Disclaimers and Warranties

No Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

AI Output Disclaimer

We make no representations or warranties about the accuracy, reliability, appropriateness, or quality of the AI-generated content, including landing pages, text, designs, or other outputs produced by the Services. You acknowledge that:

  • AI-generated content may contain errors, inaccuracies, or material that violates third-party rights
  • You are solely responsible for reviewing, testing, and validating any AI-generated content before publishing or use
  • We do not guarantee that the AI-generated content will meet your specific requirements or expectations
  • The Services may produce different results when given the same inputs at different times

Service Reliability

We do not warrant that the Services will be error-free or uninterrupted, that defects will be corrected, or that the Services or the servers that make them available are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the Services in terms of their correctness, accuracy, reliability, or otherwise.

11. Limitation of Liability

Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INSTALANDAI, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Maximum Liability

IN ANY CASE, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) $100.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth above may not apply to you. If you are dissatisfied with any portion of the Services or with these Terms, your sole and exclusive remedy is to discontinue use of the Services.

12. Indemnification

Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless InstaLandAI, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the Services
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your User Content or your use of the Services caused damage to a third party
  • Any use of AI-generated content created through the Services

Defense

This defense and indemnification obligation will survive these Terms and your use of the Services. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with us in asserting any available defenses.

13. Modification of Terms

Updates to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Notice and Acceptance

We will notify you of any changes by posting the new Terms on our website and/or sending you an email notification. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

Service Changes

We reserve the right to change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any feature, without notice and without liability. We also reserve the right to impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

14. Governing Law and Dispute Resolution

Governing Law

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

Informal Dispute Resolution

Before filing a claim against InstaLandAI, you agree to try to resolve the dispute informally by contacting us at legal@instalandai.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or InstaLandAI may proceed with filing a formal claim.

Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be finally resolved by arbitration. The arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (AAA) then in effect. The arbitration shall take place in Austin, Texas. The decision of the arbitrator shall be final and binding upon both parties.

YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION PROVISION, YOU ARE WAIVING YOUR RIGHT TO SUE OR HAVE A JURY TRIAL FOR ANY DISPUTE WITH US. ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS, NOT ON A CLASS OR REPRESENTATIVE BASIS.

Class Action Waiver

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

15. Miscellaneous Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us concerning the Services. These Terms supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and us with respect to the Services.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The remaining provisions will continue to be valid and enforceable.

Waiver

Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. No waiver of any breach of these Terms shall be deemed a further or continuing waiver of such breach or any other breach.

Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may assign, transfer, or delegate any of our rights or obligations under these Terms without your consent.

Force Majeure

We will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes, or other industrial disturbances, systemic electrical, telecommunications, or other utility failures.

No Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect.

Notices

Any notices or other communications permitted or required under these Terms will be in writing and given by us via email, website posting, or other electronic message.

Headings

Section headings are for convenience only and shall not be considered in the interpretation of these Terms.

16. Contact Us

If you have any questions, concerns, or requests regarding these Terms or our Services, please contact us at:

InstaLandAI, Inc.

1234 AI Innovation Way
Austin, TX 78701
United States

Email: legal@instalandai.com

Support: support@instalandai.com

We will make every effort to respond to your inquiry in a timely manner.