Terms of Service

1. Agreement

These Terms of Service (the "Terms") are a binding agreement between you ("you") and AI Constructs, LLC, an Illinois limited liability company that operates InstaSights ("InstaSights", "we", "us"). They apply to the InstaSights website at instasights.ai and the InstaSights application at app.instasights.ai (together, the "Service").

By ticking the box when you create an account, by creating an account, or by using the Service, you agree to these Terms and to our Privacy Policy. If you are using the Service on behalf of a company or other organisation, you confirm that you have authority to bind it, and "you" includes that organisation. If you do not agree, do not use the Service. A separate written agreement between us supersedes these Terms where the two conflict.

2. Accounts

• You must be at least 18 years old to use the Service.
• You must give accurate account information, including your real name, and keep it current.
• You are responsible for your account credentials and for everything that happens under your account. Tell us at once if you believe your account has been used without your permission.
• Free studies are limited to one per person. You may not create multiple accounts to obtain additional free studies. We may change or end free offers at any time.
• You may sign in with an email address and password, with a sign-in code sent to your email, or through Google or Microsoft. Those providers' own terms apply to your use of their sign-in.

3. The service

InstaSights lets you describe a business question in plain words and receive a consumer study in return. For each study:

• We draft a questionnaire of up to 10 questions from your brief, using automated writing tools. You can edit, reorder or rewrite the questions before the study runs.
• You confirm the audience and any comparison groups.
• 250 simulated consumers answer the questionnaire (larger sizes may be offered from time to time).
• You receive an executive summary, results for every question, comparisons by group, and a workbook of individual responses.

The Service may also offer to read a public web page you point it to, so that it can suggest study ideas relevant to your business. It reads only the page you provide.

The simulated consumers are produced by consumer models that we license from Simsurveys, LLC, an affiliated company. Simsurveys runs the simulation on our behalf and is bound by confidentiality obligations to us.

4. Simulated consumers

• Nobody is surveyed. Every response in a study is generated by a model. Responses do not come from, and do not describe, any real, identifiable person.
• Purpose. Study results are intended to inform business, marketing and product decisions. They are not a substitute for professional advice and must not be used as the sole basis for decisions that affect an individual's health, safety, finances, employment, housing, insurance or legal rights.
• No guarantee of outcomes. The models are built from real survey data and are tested against published surveys, and we work to make results as useful as possible. Even so, a study is a model's estimate. We do not promise that any result will match what real consumers would say or do.

5. Your content

"Your content" means anything you give us to run a study: your brief, edits to the questionnaire, attached documents, and web addresses you ask us to read.

• You keep ownership of your content. You give us a licence to use it only to provide the Service to you, including sending it to the providers named in section 10 for that purpose.
• You confirm that you have the right to give us your content, that it does not infringe anyone's rights, and that it contains no personal information you are not allowed to share.
• We do not use your content to train the consumer models. We may use anonymised, aggregated information about how the Service is used to improve it.

6. Your results

You own the results of your studies, including the summary, the tables and the response workbook. You may use them for any lawful business purpose, share them with colleagues and clients, and publish them, provided you do not present simulated responses as answers from real people and do not use them to train or build a competing model or service.

InstaSights and its licensors keep all rights in the Service, the models and the methods used to produce results. Nothing in these Terms transfers those rights to you.

7. Prices and payment

Current prices and plans are shown on our pricing page and confirmed at checkout. Your checkout or subscription confirmation records the terms of your purchase. A change to the prices shown on the website does not change a subscription period you have already paid for.

• Single study: one study credit. It never expires.
• Monthly plan: a set number of studies each billing month. Unused studies expire at the end of the billing month and do not roll over.
• Annual plan: a set number of studies available up front and valid until the end of the subscription year.

Studies beyond a plan's allowance are charged at the single-study price. Prices are in US dollars and exclude any applicable taxes, which are added where required.

How you are charged

• Single studies. When you run a study, we place an authorisation on your card for the study price. We take the payment only when the study completes. If a study fails to complete, we release the authorisation and you are not charged.
• Subscriptions. Plans are billed in advance and renew automatically at the end of each billing period. You can cancel at any time from your billing page. Cancellation takes effect at the end of the current period, and you keep the studies remaining in that period until then.
• Drafting allowance. Your account includes a small allowance ($3 at the effective date of these Terms) for the automated writing used to prepare your brief, audience and questionnaire. If it runs out, drafting pauses and the app directs you to support. We never charge your saved card for more drafting without your agreement.
• Refunds. Because a completed study has already used the resources it needed, fees for completed studies and for subscription periods that have started are not refundable, except where the law requires otherwise. If a study completes with a defect caused by us, contact us and we will re-run it or credit you a replacement study.

Payments are processed by Stripe. We do not store your full card number.

8. Acceptable use

You agree not to:

• use the Service for any unlawful purpose or in breach of these Terms;
• present simulated results as the answers of real people, or use them to mislead;
• use the Service to research or target an identifiable individual;
• reverse engineer, extract, or attempt to reproduce the models, algorithms or source code behind the Service, or use the Service or its results to build or train a competing product;
• run automated scripts against the Service, or access it other than through the interfaces we provide;
• share your account, or resell access to the Service, without our written agreement;
• interfere with the security or operation of the Service.

9. Our technology

The Service, its design, software and content are owned by AI Constructs, LLC or its licensors and protected by copyright, trademark and other laws. The consumer models are licensed to us by Simsurveys, LLC and are protected by United States patent. "InstaSights" and the InstaSights logo are trademarks of AI Constructs, LLC. These Terms give you no rights in any of them except the limited right to use the Service as described.

10. Third-party services

We rely on a small number of providers to run the Service. They receive only what they need to do their job:

• Simsurveys, LLC runs the simulation that produces study responses.
• Anthropic provides the automated writing used to draft questionnaires and summaries.
• Stripe processes payments.
• Amazon Web Services hosts the Service.
• Google and Microsoft provide optional sign-in.
• Email delivery providers send sign-in codes and account messages.

Our Privacy Policy explains what each receives. We are not responsible for services you choose to use alongside InstaSights.

11. Experimental features

Features labelled beta, experimental or preview may contain errors and may be changed or removed without notice. They are provided as is, are not covered by any service commitment that applies to the rest of the Service, and should not be relied on for critical business decisions.

12. Warranties

The Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that study results will be accurate, complete or fit for any particular decision.

13. Liability

To the fullest extent permitted by law:

• InstaSights, its licensors and its providers are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or business opportunity, arising from or related to the Service or these Terms, however caused.
• Our total liability for all claims arising from or related to the Service or these Terms is limited to the amount you paid us in the twelve months before the event giving rise to the claim, or the price of a single study, whichever is greater.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

14. Indemnification

You will defend, indemnify and hold harmless InstaSights, its licensors, officers, employees and agents from any claim, loss, cost or expense (including reasonable legal fees) arising from your content, your use of the Service in breach of these Terms, your breach of any law or third-party right, or any decision you make using study results.

15. Ending the agreement

• You may close your account at any time from your profile page or by emailing us. Closing your account does not refund fees already paid.
• We may suspend or close any account at any time, for any reason, with or without notice. If we close your account other than for your breach of these Terms, we will refund any unused prepaid studies. If we discontinue the Service, we will give reasonable notice and refund any unused, prepaid subscription period.
• After closure, you may download your completed study results for 30 days. We retain data as described in our Privacy Policy.
• Sections 4 to 6 and 9 to 18 survive the end of this agreement.

16. Governing law and disputes

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-law rules. Any dispute arising from these Terms or the Service that we cannot resolve informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in Chicago, Illinois. Either party may instead bring an individual claim in small-claims court. You and InstaSights each waive any right to a jury trial and to participate in a class or representative action.

17. General

• Events beyond our control. We are not responsible for failure or delay caused by circumstances beyond our reasonable control, including natural disasters, war, civil unrest, government action, and failures of telecommunications, power or third-party providers.
• Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the Service, unless we have signed a separate written agreement with you.
• Severability. If any part of these Terms is found unenforceable, the rest remains in effect.
• Assignment. You may not transfer these Terms without our written consent. We may transfer them to a successor of our business.

18. Changes

We may update these Terms. If a change is material, we will post the new version here with a new effective date and, where we have your email, tell you at least 14 days before it takes effect. Continuing to use the Service after the effective date means you accept the new Terms.

19. Contact

InstaSights, operated by AI Constructs, LLC
Email: support@instasights.ai