Terms and Conditions

Effective Date: January 9, 2025

Please read these Terms and Conditions ("Terms") carefully before using the Instags mobile application (the "App") operated by nlsio LLC ("Company," "we," "us," or "our").

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. Acceptance of Terms

By accessing and using Instags, you accept and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and nlsio LLC. If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

Instags is an iOS mobile application that uses artificial intelligence (powered by Anthropic's Claude AI) to analyze photos and generate suggested captions and hashtags for social media use. The App offers:

• AI-powered caption generation based on image analysis
• AI-generated hashtag suggestions optimized for various social media platforms
• Multiple writing style options
• Platform-specific optimization (Instagram, TikTok, etc.)
• Free version with advertisements
• Optional one-time in-app purchase to remove advertisements

3. Eligibility

You must be at least 13 years of age to use the App. By using the App, you represent and warrant that you meet this age requirement. If you are under 18 years of age, you must have your parent or legal guardian's permission to use the App.

4. User Content and Ownership

4.1 Your Photos

You retain all ownership rights to the photos you upload to the App. By uploading photos, you grant us a limited, temporary license to process your photos through Anthropic's Claude AI service solely for the purpose of generating captions and hashtags. As stated in our Privacy Policy, we do not store or retain your photos.

4.2 AI-Generated Content

The captions and hashtags generated by the App are created by artificial intelligence and are provided to you for your use. You may use, modify, and distribute the generated content as you see fit. However, you acknowledge and agree that:

• AI-generated content may not always be accurate, appropriate, or suitable for your intended purpose
• You are solely responsible for reviewing and approving all content before posting it publicly
• We make no guarantees about the quality, accuracy, or effectiveness of generated content
• Similar content may be generated for other users with similar photos

4.3 Your Responsibilities

You are solely responsible for:

• The photos you upload to the App
• How you use the generated captions and hashtags
• Ensuring your use complies with applicable laws and third-party platform policies
• Verifying that generated content does not infringe on any third-party rights
• Reviewing content for accuracy and appropriateness before publishing

5. Acceptable Use Policy

You agree NOT to use the App to:

• Upload photos that you do not own or have permission to use
• Upload photos containing illegal content, violence, hate speech, or sexually explicit material
• Upload photos depicting minors without proper parental consent
• Generate content for spam, harassment, or malicious purposes
• Attempt to reverse engineer, decompile, or hack the App
• Circumvent any access restrictions or technological protection measures
• Use the App in any way that violates applicable laws or regulations
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the App's servers or networks
• Use automated systems (bots, scrapers) to access the App without permission

We reserve the right to terminate your access to the App immediately if you violate this Acceptable Use Policy.

6. Payment and Subscriptions

6.1 Free Version

The App is available for free with advertisements. The free version provides full access to all caption and hashtag generation features.

6.2 In-App Purchase

You may purchase a one-time in-app purchase to remove advertisements. This is a permanent purchase that removes ads from your App experience. All purchases are processed through Apple's App Store and are subject to Apple's terms and conditions.

6.3 No Refunds

All purchases are final. We do not offer refunds for in-app purchases except as required by law or as determined by Apple's refund policy. For refund requests, please contact Apple Support directly.

6.4 Pricing Changes

We reserve the right to change pricing for the ad removal purchase at any time. If you have already purchased the ad removal, any pricing changes will not affect your purchase.

7. Third-Party Services

The App integrates with and relies on third-party services, including:

• Anthropic (Claude AI): For image analysis and content generation
• Apple App Store: For app distribution and payment processing
• Advertising Networks: For displaying ads in the free version

These third-party services are governed by their own terms and conditions and privacy policies. We are not responsible for the practices or content of these third parties.

8. Intellectual Property Rights

8.1 Our Rights

The App, including its design, code, features, graphics, logo, and documentation, is owned by nlsio LLC and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes.

8.2 Restrictions

You may not:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any copyright, trademark, or proprietary notices
• Use our trademarks, logos, or branding without written permission
• Rent, lease, sell, or sublicense the App

9. Disclaimers and Limitations of Liability

9.1 "AS IS" Disclaimer

9.2 AI Content Disclaimer

The App uses artificial intelligence to generate captions and hashtags. AI-generated content may contain errors, inaccuracies, or inappropriate suggestions. We do not guarantee that the generated content will:

• Be accurate, appropriate, or suitable for your intended use
• Comply with third-party platform policies (Instagram, TikTok, etc.)
• Be free from copyright infringement or other legal issues
• Generate engagement or achieve any particular result
• Be original or unique to you

9.3 Limitation of Liability

9.4 No Professional Advice

The App is not intended to provide professional, legal, marketing, or business advice. Any content generated by the App should not be relied upon as professional advice. You should consult with appropriate professionals before making business decisions.

10. Indemnification

You agree to indemnify, defend, and hold harmless nlsio LLC, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any rights of another party, including intellectual property rights
• Photos you upload to the App
• Your use of AI-generated content, including any claims of copyright infringement or defamation
• Your violation of any applicable laws or regulations

11. Termination

11.1 Termination by You

You may stop using the App at any time by uninstalling it from your device.

11.2 Termination by Us

We reserve the right to suspend or terminate your access to the App at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or our Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Extended periods of inactivity
• Requests by law enforcement or government agencies
• Discontinuation of the App

11.3 Effect of Termination

Upon termination, your right to use the App will immediately cease. If you purchased the ad removal feature and we terminate your access for cause, you will not be entitled to a refund. Sections of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at hello@instags.pics to attempt to resolve the issue informally. We will attempt to resolve the dispute within 30 days.

12.2 Binding Arbitration

If we cannot resolve the dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English, and the arbitrator's decision will be final and binding.

12.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and nlsio LLC individually. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

12.4 Small Claims Court

Notwithstanding the above, you may bring an individual action in small claims court if your claim qualifies.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Delaware for any disputes not subject to arbitration.

14. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by:

• Updating the "Effective Date" at the top of these Terms
• Posting a notice in the App
• Sending you a notification (if we have your contact information)

Your continued use of the App after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the App.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and nlsio LLC regarding the App and supersede all prior agreements and understandings, whether written or oral.

17. Contact Information

If you have any questions, concerns, or feedback regarding these Terms, please contact us: