General Conditions of Sale (CGV) – Instablog

Article 1: Definitions

For the purposes of these CGV, the terms below have the following meanings:

Article 2: Purpose and Scope

These CGV constitute the contractual framework for the provision of the Instablog Service by the Company to the Customer. They set forth the respective rights and obligations of the Company and the Customer in the context of the sale of this Service. The CGV apply to all orders, subscriptions, and use of the Service by the Customer, without restriction or reservation, and to Customers worldwide. Any terms and conditions of the Customer (e.g. on purchase orders) are not binding and are expressly excluded, unless agreed in writing by the Company.

The Customer agrees that these CGV are provided to them on a durable medium (electronically on the website and via email) before the conclusion of the contract, in accordance with French law. The CGV are also accessible at all times on the Instablog website. The Company will communicate a copy of these CGV to any Customer who requests it, as required by Article L441-6 of the French Commercial Code. In case of updates to the CGV, the conditions applicable are those in force on the date of subscription or order (unless a change is accepted by the Customer per Article 17 below).

Article 3: Description of the Service

Instablog is an online platform that provides automated generation of search engine optimized (SEO) blog content for the Customer. The key features of the Service include: algorithmic creation of written blog articles based on parameters or topics provided by the Customer, and delivery of these articles in digital format (via the platform or email). There is no physical delivery of any goods – all content is provided electronically. The Service is available 24/7, subject to maintenance downtime and network availability (see Article 12 on availability), and is accessible globally without geographic restriction (the Customer is responsible for ensuring that accessing or using the content is lawful in their country).

The Customer must have a compatible device and internet access to use Instablog. The Company does not provide internet connectivity or hardware. The Customer acknowledges that the quality of the Service (such as generation speed or output quality) may depend on external factors including the Customer's internet connection and the information the Customer provides. The Company describes the essential characteristics of the Service on the website and in these CGV, in compliance with Article L111-1 of the Consumer Code. The Service is provided in English by default (blog content generation in other languages may be offered if indicated on the site).

No specific performance guarantee: The Customer understands that while Instablog uses advanced AI algorithms to generate content, the exact results may vary. The Company does not guarantee any specific outcome such as particular search engine rankings, traffic increases, or conversion rates as a result of using the content. The Service is provided on a best‑efforts basis and does not guarantee a specific result.

Article 4: Customer Account and Access

Access to Instablog requires the creation of a Customer account on the platform. The Customer agrees to provide truthful, accurate, and complete information during the account registration (such as name, email, billing details, and if applicable, company information and VAT number). The Customer is responsible for updating their account information as necessary so that it remains accurate throughout the Subscription.

Each account is personal to the Customer (or their organization) and login credentials (username and password) must be kept confidential. The Customer must not share their credentials or allow any unauthorized third party to use their account. The Customer is responsible for all activity that occurs under their account. If the Customer suspects any unauthorized use or breach of security (e.g. loss or theft of password), they must promptly notify the Company so that appropriate actions can be taken (such as suspending the account).

The Customer confirms that they are at least 18 years old and legally capable of entering into a contract. If the Customer is a legal entity, the person creating the account represents that they have the authority to bind that entity to these CGV. The Company reserves the right to ask for proof of identity or authority in case of doubt.

The Company may suspend or terminate the Customer's access to the Service, with immediate effect, if the Customer violates these CGV (in particular, the acceptable use rules in Article 11) or if unauthorized use is detected. In such case, the Customer will be informed by email of the suspension/termination and, when possible, given the opportunity to remedy any remediable breach.

Article 5: Subscription Terms (Monthly Plan)

The Instablog Service is provided on a monthly subscription basis with the following terms:

Monthly Billing: The Subscription is billed in advance monthly based on your chosen plan (see Article 6 for pricing details). Each billing cycle covers 1 month of service access. The first billing occurs immediately upon subscription and subsequent billing will occur on the same day of each month (with adjustments for shorter months to the nearest date).

Auto-Renewal: The Subscription renews automatically each month for successive one-month periods until canceled by the Customer or terminated by the Company. There is no fixed commitment period beyond the current monthly term (i.e. this is a rolling monthly contract with tacit renewal). The Customer's express consent is obtained at sign-up for this automatic renewal arrangement and the Customer can cancel at any time (see "Cancellation" below).

Free Hosting and Publishing: Instablog offers free blog hosting with custom domain support. Without a subscription, your blog remains active but unpublished (only visible to you). A subscription allows you to publish your site(s) and make them publicly accessible.

Scope of Use — Sites per Plan: Each Subscription tier includes a specific number of websites (hosted on Instablog or connected via integrations like WordPress, Shopify, or Webflow):

• Starter Plan: 1 website (hosted or connected)
• Pro Plan: Up to 3 websites (hosted or connected)
• Premium Plan: Up to 5 websites (hosted or connected)

The Customer may use a combination of Instablog-hosted sites and connected external sites within their plan limit. If the Customer is an agency or otherwise publishes content for multiple client Sites, they should select a plan tier that accommodates the total number of Sites they manage.

Cancellation: The Customer may cancel their Subscription at any time, effective at the end of the current monthly billing period. In other words, the Subscription will remain active and the Customer will retain access to the Service until the end of the period already paid for, but the subscription will not renew for the next month. To cancel, the Customer should use the account management dashboard to turn off auto-renewal or contact the Company's support in writing (e.g. via email) with a cancellation request. The Company will acknowledge the cancellation request and confirm the end date of service. There are no cancellation fees. Any subscription month that has started is due in full and will not be refunded. This means that if the Customer cancels in the middle of a monthly period, they will not receive a refund for the remaining days of that month; they will simply retain access until that paid period expires and then the service will stop.

No Refunds after Billing: Payments that have been processed (monthly subscription fees) are considered earned and non-refundable, except where a refund is required by law (for instance, if the Customer is a consumer who exercises a statutory right of withdrawal, as detailed in Article 9, or if the service was not provided in accordance with the contract). Outside of such legal obligations, the policy is that once a billing cycle has begun or a charge has been made, the Customer is not entitled to a refund for that period if they choose to cancel or not use the service. This policy is clearly communicated and the Customer accepts it upon subscribing (any month commenced is owed in entirety).

Customer Initiated Pauses: (If applicable) If the platform offers an account "pause" or suspension option (for example, to skip a month), the terms of use and billing during such pause will be defined on the website or in the Customer account interface. In absence of a formal pause mechanism, a Customer who does not wish to continue being billed should cancel the Subscription. They may resubscribe later at the then-current terms.

Company Termination: The Company reserves the right to terminate or refuse the Subscription of a Customer by giving prior notice at least 30 days before the end of the current billing period (except in case of justified immediate termination for breach, as outlined in Article 10). In case of a general shutdown of the Service or termination of a large number of subscriptions for business reasons, the Company will provide affected Customers with at least 30 days' notice. If the Company were to terminate an ongoing monthly Subscription without cause (not due to Customer's breach), it would allow the Customer to use the Service for the paid period and not charge further, or if termination is immediate, refund any prepaid amount for the remaining term on a pro-rata basis.

The Company adheres to French consumer protection rules regarding tacit renewal of service contracts. Although the Subscription is on a month-to-month basis with no long-term commitment, if any law imposes notification obligations for renewal (for example, Article L215-1 of the Consumer Code requires reminder for fixed-term contracts with tacit renewal), the Company will comply with such obligations if and when they apply. Currently, because the Subscription is indefinite and can be canceled monthly, no annual renewal notice is applicable. The Customer can cancel freely at any time and the Company provides an easily accessible cancellation method (no onerous procedure such as sending a paper letter is required, though the Customer may do so if they prefer).

Article 6: Pricing and Payment

Price of the Service: The Instablog Subscription is offered at three pricing tiers:

• Starter Plan: €29/month – 1 website, 15 AI-generated articles/images per month
• Pro Plan: €49/month – Up to 3 websites, 30 AI-generated articles/images per month
• Premium Plan: €79/month – Up to 5 websites, 60 AI-generated articles/images per month

All prices are stated in Euros. Unless otherwise indicated, prices are inclusive of applicable VAT and any other taxes (TTC, toutes taxes comprises) for consumers. The applicable VAT rate will be the French VAT rate or other applicable rate depending on the Customer's location and status:

• For Customers located in France (B2C or B2B without valid VAT number) and EU-based Consumers, the prices include VAT at the applicable rate (e.g. 20% French VAT). A breakdown of net price and VAT will be shown on the invoice.
• For business Customers within the EU who provide a valid VAT number, the sale may be treated as an intra-community supply: in such cases, the invoice may show the price as VAT-exempt under the reverse-charge mechanism (the Customer is responsible for their own VAT self-assessment). The Customer must provide a valid VAT ID during signup for this to apply. If a VAT number is not provided or is invalid, VAT will be charged by default.
• For Customers outside the EU, no EU VAT will be charged. However, the Customer remains responsible for any local taxes or import duties that may apply in their jurisdiction (generally digital services for consumers outside EU may be subject to local VAT/GST by law – if applicable and if the Company is required to collect it via Stripe, such tax may be added or included in the price as required).

Free Articles: New customers may generate up to 2 articles for free to evaluate the platform before subscribing. This allows customers to experience the quality of the AI-generated content before committing to a paid subscription.

Payment Method: Payment for the Subscription is made by credit or debit card (or other payment methods as may be offered on the website, e.g. certain local payment wallets), via the secure payment processor Stripe. By subscribing, the Customer authorizes the Company (and its payment service provider, Stripe) to automatically charge the monthly Subscription Fee to the provided payment method on each billing date. The first payment is processed immediately upon subscription. All transactions are handled through Stripe's encrypted payment system; the Company does not store full credit card details on its own servers for security.

The Customer must provide valid payment details and hereby guarantees that they are authorized to use the payment method. The Customer should ensure that the payment details remain up to date (e.g. update the card number or expiration if it changes, at least before the next billing). If the Customer wishes to change the billing method or use a different card, they can do so in their account settings.

Invoicing: Each payment will generate an invoice issued by the Company (through the Stripe billing system). Invoices are sent to the Customer via email (to the address on file) or made available in the Customer's online account in a downloadable format. Each invoice will detail the amount charged, the description of the service period, the VAT amount and rate if applicable, the Company's legal identification (name, address, RCS, VAT number), and the Customer's name and billing address as provided – thereby meeting requirements for VAT-compliant invoices. The Customer agrees to receive invoices electronically. If a Customer requires any specific information on the invoice (such as a purchase order number or their company registration number), they should provide this information to the Company in advance. Invoices are archived by the Company in compliance with legal obligations (for at least 10 years for contracts ≥ €120), and the Customer may request copies of past invoices or contracts by contacting the Company's support.

Payment Schedule: The Subscription is payable in advance. This means that on each monthly billing date, the fee for the next subscription period is charged. For example, on January 10th the payment covers the period from January 10th to February 9th. If a payment fails on the due date, the Company may attempt to re-process it after a short interval (Stripe may automatically retry or the Company will notify the Customer to update their payment info).

Late or Failed Payment: In the event a monthly payment is not successfully processed (e.g. due to expired card, insufficient funds, or other denial), the Customer will be notified. The Customer must update the payment details or provide a valid payment promptly. The Company reserves the right to suspend the Service if payment is more than a few days overdue. Specifically, if payment is not received within 5 days after the due date, the Company may suspend the Customer's access to the Service until the account is brought current. If the Customer fails to cure the payment default within a reasonable time after notice (for example, within 15 days of the due date), the Company may terminate the Subscription for breach (Article 10) and seek payment of any outstanding amounts. Any applicable late payment penalties or interest will be applied according to French law for professionals (for B2B, statutory late interest and a fixed indemnity for recovery costs may apply pursuant to Code de commerce L441-10) – however, for Consumers no such penalty will be charged beyond actual bank fees incurred. The Company prefers to work with the Customer to resolve payment issues amicably.

Price Changes: The Company may modify the Subscription Fee in the future (for example, in case of added features, increased costs, or general inflation). Any change in the monthly price will be communicated to the Customer in advance via email or via a prominent notice on the website, at least 30 days before the new price takes effect. The Customer will have the opportunity to cancel the Subscription (or switch plans, if applicable) before the price change if they do not agree to the new price. If the Customer does not cancel and continues to use the Service after the price change effective date, they are deemed to have accepted the new price. Price changes will not be retroactive and will only affect future billing cycles. Promotional or special prices (such as discounts) may be offered occasionally; those do not affect the standard price and are subject to specific terms.

All pricing is provided with transparency and includes taxes as required. If the Customer requires a quote or pro forma invoice before subscribing (for internal procurement processes), they may contact the Company.

Article 7: Duration – Renewal – Cancellation (Summary)

Duration: The Subscription contract is concluded for an indefinite duration from the moment of subscription confirmation. It consists of consecutive monthly periods until termination. There is no long-term lock-in; the minimum duration is essentially one month.

Renewal: As described in Article 6, the Subscription renews automatically each month. This tacit renewal continues indefinitely. The Company emphasizes that for Consumers, this kind of monthly subscription without fixed term allows cancellation at any time, thus it is not subject to a fixed-term commitment. Should the Company in the future offer subscriptions for a fixed term with tacit renewal (e.g. an annual plan), it will comply with Article L215-1 of the Consumer Code by providing advance notice of renewal options between 3 and 1 month before the end of the term. In all cases, the Customer can easily stop the renewal by using the cancellation procedure.

Customer Cancellation: The Customer may cancel the Subscription at their discretion, as detailed in Article 6. No justification is needed for cancellation. Upon cancellation, no further renewal will occur. If the Customer changes their mind after canceling and before the current period ends, they may reactivate the subscription (if the platform supports it) or simply resubscribe later; however, the Company is not obligated to maintain any previous pricing or terms if the Customer resubscribes (they will join under the then-current offer).

Effect of Cancellation: When a Customer cancels, they retain access to the Service until the end of the paid period, after which the account's premium features will be deactivated. The account might revert to a free/basic status if such exists, or be closed. The Customer is advised to backup or export any content they wish to keep prior to the end of the period (see Article 12 on data reversibility).

Company Termination: The Company may terminate the Subscription or refuse to renew for legitimate reasons by informing the Customer with due notice. Legitimate reasons may include the decision to discontinue the Service entirely, the Customer's serious breach of contract (see Article 11), or other unforeseen circumstances making continuation untenable. In case of discontinuation of the entire Service, the Company will endeavor to give all active subscribers at least 30 days' notice and, if applicable, refund any prepaid amounts beyond the termination date. The Company will not charge cancellation fees to the Customer in such cases.

Survival: Any provisions of these CGV which by nature should survive termination (such as intellectual property rights, liability clauses, and accrued rights to payments) will remain in effect after termination of the Subscription.

(This article provides a summary of duration and cancellation, but other articles – notably Article 9 on withdrawal for consumers, and Article 10 on termination for breach – may also apply to ending the contract.)

Article 8: Contract Formation and Order Process

Order Process: The Customer subscribes to Instablog via the Company's online order process on the website. The process typically involves the following steps:

1. The Customer selects the desired subscription plan (Starter, Pro, or Premium)
2. The Customer is presented with these CGV and other key information (features, price including taxes, subscription term, etc.) as required by law before confirming the order
3. The Customer enters the required information (account details, payment information) and has the opportunity to correct any input errors (the interface allows reviewing and modifying details before final submission)
4. The Customer explicitly acknowledges the obligation to pay by clicking a confirmation button labeled with a clear payment obligation (such as "Subscribe and Pay"), and by ticking a checkbox to accept these CGV, and (if a consumer) a checkbox regarding the right of withdrawal (see Article 9)
5. The payment is processed via Stripe's secure checkout
6. The Customer receives an on-screen confirmation and an email confirmation/receipt acknowledging the subscription (this confirmation is sent without undue delay and marks the conclusion of the contract, except if payment fails)

The contract is considered formed at the moment the Customer completes the double-click process (final confirmation of the order with obligation to pay) and the payment is successfully authorized, subject to the condition subsequent of the Company's acceptance. The Company reserves the right to refuse an order in specific cases (for example, if the Customer's information is invalid, or if the Service is not available to the Customer's region, or if there has been a pricing error). If an order is refused after payment, the Customer will be refunded in full. In practice, orders are accepted automatically unless an issue is detected.

Contract Document and Archiving: The CGV and the order details (date, plan, amount, Customer info) are recorded by the Company. For any contract concluded electronically with a value of €120 or more, the Company will ensure the contract is archived for at least 10 years and that the Customer can access it upon request. The Customer is encouraged to save or print a copy of these CGV and the order summary for their records. The language offered for conclusion of the contract is English (a French version of the CGV may be available; see Article 21).

The electronic confirmation email that the Customer receives will include the main details of the contract (e.g. subscription start, price, duration, and a copy or link to the CGV). This serves as a durable medium confirmation of the contract, as required by Article L221-13 of the Consumer Code.

Right to Cancel Order Before Performance: If the Customer has initiated an order but not completed payment, no contract is formed and the Company has no obligations. If the Customer completed the order and payment but wishes to cancel before the Service has begun to be performed (e.g. immediately after ordering, but before using the Service), the Company invites the Customer to contact support. In such a case, it may be handled as a withdrawal (if within the withdrawal period and eligible, see Article 9) or as a goodwill cancellation. Once the Service performance has started (e.g. account activated, content generation available), then Article 9 (withdrawal) and Article 10 (termination) govern any cancellation.

Article 9: Right of Withdrawal (Consumers Only)

Statutory Right of Withdrawal: In accordance with Articles L221-18 et seq. of the French Consumer Code, a Consumer Customer has a legal right to withdraw from the subscription within 14 days without giving any reason. The withdrawal period is 14 days from the day the contract is concluded (which is typically the day the Customer received confirmation of subscription). If the consumer exercises this right in accordance with the law, they can obtain a refund of the payments made, as detailed below.

Waiver for Immediate Service Performance: Important: The Instablog Service constitutes digital content not supplied on a tangible medium, which the Consumer can access immediately online. Under Article L221-28 of the Consumer Code, the right of withdrawal does NOT apply to contracts for supply of a digital content service that has begun with the consumer's prior express consent and their express waiver of the right of withdrawal. During the subscription checkout, the Consumer is therefore asked to confirm their agreement to immediate performance of the Service (i.e. access to the platform and generation of content right away) and to acknowledge that this will result in waiver of the right of withdrawal once the service performance has begun. By accepting these CGV and starting to use the Service (for example, by clicking "Subscribe" and generating content immediately), the Consumer expressly consents to the Company providing the service without waiting for the 14-day period, and agrees to waive their right of withdrawal for the digital content service, to the fullest extent permitted by law.

If the Consumer gives such consent and waiver (which is required to begin using Instablog immediately), then no withdrawal right will be available once the service performance has started. The subscription will proceed, and the consumer cannot later claim cancellation under the 14-day cooling-off rule because of this waiver and the nature of the service. Subscription charges will not be refundable under the withdrawal right in this scenario.

If the Consumer does not give consent/waiver and chooses not to start using the Service until the withdrawal period ends, they technically retain the right to withdraw for 14 days. However, please note that the Instablog Service is designed to begin immediately; if a consumer wishes to take the 14-day reflection without waiver, they should refrain from accessing the platform or generating any content for those 14 days, and inform us accordingly. In practice, if a consumer does not consent to immediate performance, the Company may delay activating the service until the withdrawal period expires. (This is an unusual request given the nature of the Service, but it is legally possible.)

Exercising the Right of Withdrawal: If the Consumer is within the 14-day period and has not waived the right, they may exercise withdrawal by notifying the Company of their decision to withdraw before the 14-day period expires. The Consumer can use the model withdrawal form provided in the Appendix of these CGV or any other clear written statement (for example, an email or a letter) informing the Company of the decision to withdraw. The notice should include: the Customer's name, the email used for the account or other identifying details, the date of order, and a statement that they wish to withdraw from the Instablog contract. The Consumer does not have to provide a reason for withdrawal. To meet the deadline, it is sufficient to send the withdrawal notification before the 14 days have passed.

Contact for Withdrawal: To withdraw, the Consumer may send an email to the Company at support@instablog.so or mail a letter to ANKT SERVICES, C/O WEFORGE- 25 RUE LENEPVEU 49100 ANGERS, France. We recommend email for speed. The Consumer may (optionally) attach or include the completed model withdrawal form (see Appendix). If sending by mail, it is advisable (but not required) to send via registered post for tracking. If sending by email, the Company will acknowledge receipt of the withdrawal request by return email without delay.

Effects of Withdrawal: If the Consumer validly exercises the withdrawal right within the 14 days and they had not waived that right, the Company will reimburse all payments received from the Consumer for the subscription. This typically includes any monthly fee that was charged (€29 for Starter, €49 for Pro, or €79 for Premium). The refund will be processed within 14 days from the day the Company is informed of the Consumer's decision to withdraw, using the same payment method the Consumer used for the initial transaction (unless the Consumer agrees otherwise).

Pro-rata deduction: However, if the Consumer requested or utilized the service (e.g. started using the service) during the withdrawal period, the law allows the Company to deduct a proportionate amount for the service provided up to the point of withdrawal. Specifically, if the service has been partially performed at the time of withdrawal, the Consumer will be responsible to pay for the days of service received until the withdrawal notice. For instance, if the Consumer subscribed without waiving withdrawal and decided to withdraw on day 5 of their first month, the Company may retain (or charge) the portion corresponding to the five days of service already delivered and refund the remainder. No deduction will be made if the service was not used at all before withdrawal.

Loss of Withdrawal Right: To summarize, once the Service is "fully executed" or significantly commenced with the Consumer's consent within the 14 days, the right of withdrawal is lost. "Fully executed" in context could mean that the digital content service (e.g. a one-time content delivery) was completed. Here, because it's a subscription, performance is ongoing; hence the need for consent and waiver to remove the right as per L221-28. If the Consumer did not waive but still started using the service, the law may consider that a request for early execution was made, and the above pro-rata rule applies.

The Company will abide by the legal provisions on withdrawal and will assist the Consumer in the process if needed. If the Consumer believes they are entitled to withdraw but had difficulty exercising it, they can reach out to our support for clarification.

(The model withdrawal form is attached at the end of this document for convenience, as mandated by the Code de la consommation, Article R221-1.)

Article 10: Termination for Breach or Early Termination

This section covers termination of the contract in situations other than the normal cancellation by consumer or expiration discussed above.

By the Company (for Cause): Without prejudice to its other rights, the Company may terminate the Subscription with immediate effect, by written notice to the Customer, in the event of serious breach by the Customer. A serious breach includes, for example:

• Non-payment of fees that is not cured within the stated grace period (see Article 7)
• Violation of the license terms or intellectual property rights (Article 14), such as attempting to reverse-engineer the software or infringe the Company's or third parties' rights
• Violation of the acceptable use rules or illegal use of the Service (Article 12), if such violation is material and/or repeated after warning
• Any action by the Customer that gravely undermines the security or integrity of the Service, or that causes harm to the Company's infrastructure or reputation
• Providing false information with the intent to defraud or misuse the Service

In most cases (except egregious ones), the Company will send a formal notice (e.g. an email) to the Customer describing the alleged breach and giving a reasonable deadline to remedy it. If the Customer fails to remedy or the breach is not remediable, termination will be effective on the date specified by the Company. Upon termination for cause by the Company, the Customer's access will be revoked. The Customer will not be entitled to any refund for the ongoing period in case of termination for their fault. The Company reserves the right to pursue any legal remedies available for the breach (for example, claiming damages if the breach caused losses).

By the Customer (for Cause): Similarly, the Customer can terminate the contract if the Company commits a serious breach of its obligations under these CGV, and fails to remedy it within a reasonable time after written notice. For instance, if the Service becomes unavailable for an extended period due to the Company's fault and the Company does not fix the issue or extend credit for downtime, the Customer might consider that a breach. In such a case, the Customer could terminate and, if applicable, request a refund of the portion of fees corresponding to the remaining period paid but not delivered. However, the Customer should note that temporary suspension for maintenance or factors covered under force majeure (Article 17) do not count as breach.

Insolvency, Cessation: Either Party may terminate if the other party becomes insolvent, enters bankruptcy or similar proceedings, is liquidated or ceases business operations. In the event the Company is subject to such proceedings, we will strive to maintain service through any notice period or assist Customers in data retrieval.

Effects of Termination (General): Upon termination of the contract (for whatever reason):

• The Customer's right to access and use the Instablog Service ceases as of the effective termination date. The account may be locked or closed by the Company.
• Any amounts owed by the Customer up to the termination date remain due. If the contract is terminated part-way through a month by the Company (for convenience or due to discontinuation of service, not for Customer breach), the Company will refund the unused part of that month's fee. If termination is due to Customer breach, any prepaid amounts are forfeited as compensation (unless law requires otherwise).
• Data and Content: The Company will handle the Customer's generated content or stored data in accordance with Article 12 (Data reversibility). In short, the Customer should, prior to termination or within a grace period after, download any blog articles or data they wish to keep. The Company may delete Customer data after a certain time post-termination (typically 30 to 60 days), except for data we must keep for legal reasons (e.g. billing records).
• Provisions which by nature survive will continue to bind the parties (such as confidentiality, IP ownership, liability limitations, etc.).

Termination of the contract does not affect any rights of action or claim that arose prior to termination. For example, if either party has suffered damages due to the other's breach, they can still pursue compensation even after the contract ends.

Article 11: Customer Obligations and Acceptable Use

The Customer agrees to use the Instablog Service in accordance with the following obligations and acceptable use policies:

Lawful Use: The Customer shall use the Service only for lawful purposes and in compliance with all applicable laws and regulations. The content generated by Instablog should be used in a manner that does not violate any third-party rights or any laws (including intellectual property laws, data protection laws, and laws against defamation, hate speech, etc.). The Customer is solely responsible for any use they make of the content. If the Customer publishes or otherwise utilizes content generated by the Service, they must ensure that such use is compliant with legal requirements (for instance, if publishing on a website, ensuring it doesn't contain illegal material).

Prohibited Uses: The Customer must not use Instablog to generate content that is unlawful, harmful, threatening, defamatory, obscene, infringing, or otherwise objectionable. In particular, the Service should not be used to create content that contains hate speech, incitement of violence, sexually explicit material involving minors, or any content that would violate the rights of others (e.g., personal data misuse or plagiarism of protected texts). The Company reserves the right to suspend or terminate the account if such misuse is detected.

Content Review: Important Disclaimer: Instablog uses AI to generate blog content automatically. While the Company strives for high-quality and original outputs, the Customer acknowledges that AI-generated content might occasionally produce errors, inaccuracies, or unintended results. The Customer is responsible for reviewing and vetting all content produced by the Service before using or publishing it. The Customer should verify facts, and is advised to run plagiarism checks if concerned about originality, as well as edit the content to suit their needs. The Company does not guarantee the factual accuracy or uniqueness of AI-generated content and shall not be liable for any issues (legal, reputational, or otherwise) arising from the Customer's use of the content, as further detailed in Article 16.

Responsibility for Generated Content (texts/images): For the avoidance of doubt, the Company is not responsible for the content generated by the Service (including, without limitation, text, images, or any other materials). The Customer is solely responsible for the selection, review, editing, use, and publication of any generated content and for ensuring that such use complies with all applicable laws and third‑party rights (including intellectual property, privacy, and publicity rights). The Customer agrees to hold the Company harmless from any claim arising out of the Customer’s use or publication of generated content.

No Resale or Unauthorized Access: The Subscription is for the Customer's use only. The Customer shall not resell, rent, or license the Service to any third party (except if the Customer is an agency or intermediary creating content for their end-clients, which is permitted as long as the Customer remains the contractual party and ensures compliance with these CGV). The Customer shall not provide access to the Service to persons who are not authorized users under their account. If the plan allows multiple seats or users, the Customer must ensure all such users are bound by these CGV and use the Service only for the Customer's internal purposes.

System Integrity: The Customer must not engage in any activity that disrupts or attempts to disrupt the Service or its infrastructure. This includes prohibitions on: launching denial-of-service attacks, introducing malicious code (viruses, worms) into the platform, attempting to gain unauthorized access to the platform or other accounts, scraping or excessive automated queries that overload the system, or any form of reverse engineering or decompiling of the Service's software. The Customer should use any APIs or automation features only within the limits set by the Company's guidelines.

Content Ownership of Inputs: If the Customer provides input materials (e.g., specific text, data, or images) into the Service to assist content generation, the Customer must either own those inputs or have the legal right to use them. The Customer grants the Company a license to process such inputs for the purpose of providing the Service. The Company does not claim ownership of the Customer's input materials. The Customer is liable if any input provided infringes a third party's rights or is unlawful.

Feedback: If the Customer provides feedback or suggestions to the Company about the Service (for example, improvement ideas or bug reports), the Customer agrees that the Company may use and incorporate this feedback without any obligation (monetary or otherwise) to the Customer. Feedback is completely voluntary but welcome, and helps us improve the Service.

Cooperation: The Customer agrees to cooperate with the Company's reasonable requests in investigating or resolving Service issues or abuse incidents. For example, if unusual activity is detected in the Customer's account, the Company may ask the Customer to help in understanding if it was authorized. The Customer should also maintain up-to-date contact information (especially email) so the Company can send important notices.

In summary, the Customer should use Instablog responsibly, ethically, and in accordance with the contract and the law. The Company may monitor usage (to the extent described in the Privacy Policy) to ensure compliance. If the Customer is found to be in violation of these obligations, the Company will contact the Customer for remedy; serious violations may result in suspension or termination as noted.

Article 12: Company Obligations and Service Availability

The Company is committed to delivering the Instablog Service in a professional manner and making it available to the Customer as per the contract:

Service Availability: The Company will use commercially reasonable efforts to ensure that the Instablog platform is accessible and operational 24 hours a day, 7 days a week, excluding planned maintenance windows and unforeseen outages. However, the Company does not guarantee absolute uptime. Scheduled maintenance that may cause downtime will preferably be performed during off-peak hours and, when feasible, the Company will notify Customers in advance (via email or an announcement on the site) if maintenance is expected to significantly affect service availability. The Customer accepts that occasional downtime for maintenance or updates is necessary for service improvement. The Company will endeavor to limit any maintenance outage.

Performance and Quality: The Company will make efforts to provide a quality service (e.g. reasonably fast generation of content, stable performance). However, the Customer understands that the speed and output can depend on various factors including server loads and the nature of AI technology. No specific performance level (e.g. generation of X words per minute or 100% error-free content) is guaranteed. The Service is provided on an "as is" and "as available" basis for use by the Customer.

Support: The Company will provide basic customer support for the Service. Support is primarily available via email (at the support contact provided) during normal business hours (not necessarily 24/7). The Company will attempt to respond to Customer inquiries or technical issues in a timely manner (typically within 2 business days for general queries, sooner for urgent service disruptions). Currently, support is provided in English (and possibly French if the Customer contacts in French, given the company's locale). There is no additional fee for standard support. The Customer should provide as much detail as possible when reporting issues to facilitate troubleshooting.

Data Security: The Company agrees to implement appropriate technical and organizational measures to secure the Customer's personal data and content stored on the Service against unauthorized access, alteration, loss, or disclosure. This includes industry-standard practices such as encryption of data in transit (e.g. using HTTPS), and secure storage of data on reputable cloud servers. The Customer's account password is stored hashed, and the Company's staff will not ask for the password in plain text. The Customer is responsible for choosing a strong password and keeping it secret, as noted in Article 4.

Data Backup: The Company's servers are regularly backed up to protect against data loss. In the event of any loss or corruption of Customer data due to a fault of the Company, the Company will make efforts to restore it from the latest backup. However, the Company cannot guarantee that any specific content generated (especially if very recent) can be recovered in every scenario. The Customer is advised to export or save important generated content to their own systems as needed.

Service Changes and Updates: The Company may periodically update the Instablog software, algorithms, or interface to improve the Service or to comply with legal requirements. The Company reserves the right to add, modify, or remove features of the Service. Any material change that would significantly reduce core functionality or value of the Service will be communicated to the Customer in advance when possible. If a change requires an update to these CGV, Article 18 will apply. The Company will ensure that any updates maintain the contractually agreed Service characteristics in all material respects.

No Transfer of Data to Third Parties (except as needed): The Company will not share the Customer's content or data with third parties except as necessary to provide the Service (e.g. hosting providers, payment processing by Stripe, or if using an AI API by a third-party – in which case those sub-processors are bound by confidentiality as per Article 15) or as required by law. The Company does not use Customer-generated blog content for any purpose other than providing the service to that Customer (for example, we do not publish the Customer's articles elsewhere or use them to train our AI without permission).

Internet and Third-Party Dependencies: The Customer acknowledges that the Service's availability can be affected by factors outside the Company's control, such as general internet outages, DNS issues, or downtime of infrastructure providers. The Company is not liable for unavailability caused by Internet connectivity issues on the Customer's side or general internet failures. Additionally, if the Service relies on third-party AI engines or cloud platforms, any interruptions on those platforms might impact the Service. The Company monitors such dependencies and will take appropriate measures to mitigate prolonged outages (for example, switching to backup systems if one provider fails).

Disclaimer on Advice: Any content or suggestions generated by the Service (for example, an AI-generated article) should not be construed as professional advice (legal, financial, etc.). The Company is not providing consulting; the output is generated text based on patterns, not verified by a human. The Customer should not rely on it for decision-making without independent verification.

In conclusion, the Company's obligation is one of reasonable care and diligence in providing the Service, but not an absolute duty of perfection. If the Customer experiences a problem with the Service, they should notify the Company and the Company will strive to resolve it or provide an acceptable workaround.

Article 13: Intellectual Property

Instablog Property: All intellectual property rights relating to the Service (software code, architecture, database structures, AI models, templates, brand assets, graphics, and the Instablog name and logo) are and remain the exclusive property of the Company or its licensors. Authorized use of the Service does not entail any transfer of ownership to the Customer. Any reproduction, representation, or reverse engineering of the Service that is not expressly permitted is prohibited and may constitute infringement.

License Granted to the Customer: Subject to payment of the Subscription Fee and compliance with these CGV, the Company grants the Customer a personal, non-exclusive, non-transferable, and revocable right to access and use the Service worldwide for the duration of the Subscription, solely for the Customer's internal needs or for the benefit of its own clients within the limits set out in Article 12. Any other use (for example, providing the Service as a competing offer) requires the express prior written consent of the Company.

Customer Content: The Customer retains ownership of inputs provided to the Service and of the content generated for them. The Customer grants the Company a limited license to host and process such content strictly to operate, secure, and support the Service, as detailed in the Terms of Service and Privacy Policy. The Company does not reuse Customer content to train its models or disclose it to third parties for their own purposes without the Customer's explicit consent, except where required by law.

Trademarks and References: The Customer may mention the Instablog name solely to describe the use of the Service (for example, “content generated with Instablog”). Any other use of the Company's trademarks or logos (e.g. for marketing as a partner) requires prior written authorization. The Company may include the Customer's name and logo on client lists or commercial references, unless the Customer objects in writing.

Infringement Claims: Each Party shall promptly inform the other of any alleged infringement relating to the Service or to the Customer's content. The Parties will cooperate in good faith to address such claims. The Customer remains responsible for ensuring that any material it supplies (inputs) does not infringe third-party rights.

Article 14: Personal Data and Privacy

Data Controller: ANKT SERVICES (Instablog) is the data controller for personal data collected in connection with the Service. Processing is carried out in accordance with EU Regulation 2016/679 (GDPR), the French Data Protection Act, and our Privacy Policy available on the website.

Purposes and Legal Bases: Personal data is processed to manage accounts, provide and secure the Service, handle payments, offer customer support, monitor usage, and comply with legal obligations. Processing is based on contract performance, legitimate interests, legal obligations, or consent where required (e.g. analytics cookies or marketing). Details of the categories of data and legal bases are set out in the Privacy Policy.

Processors and Transfers: The Company uses trusted processors such as Stripe (payment), PostHog (analytics, with consent), Crisp (support), and AI infrastructure providers (OpenAI/Google) to deliver the Service. These partners act under written agreements ensuring confidentiality and security, and rely on appropriate safeguards (SCCs, Data Privacy Framework, or adequacy decisions) for any transfer outside the EU/EEA.

Data Subject Rights: Users have rights of access, rectification, erasure, restriction, portability, objection, and the right to lodge a complaint with the CNIL. Requests can be addressed tosupport@instablog.so. The Company responds within one month, subject to identity verification. Additional information on retention periods, security measures, and withdrawal of consent is available in the Privacy Policy.

Article 15: Liability and Warranties

The Service is provided on an "as is" basis. The Company undertakes to use reasonable care and skill but does not guarantee uninterrupted availability, error-free outputs, or specific commercial results. The Customer acknowledges the experimental nature of generative AI and remains responsible for reviewing generated content before publication.

Except for willful misconduct or gross negligence, the Company's liability for proven direct damages is limited to the total amounts (excluding taxes) paid by the Customer in the twelve (12) months preceding the event giving rise to liability. The Company shall not be liable for indirect damages such as loss of turnover, loss of customers, reputational harm, or data loss resulting from improper use of the Service.

Nothing in these CGV excludes or limits liability for death or personal injury caused by negligence, for fraud, or for any other liability that cannot be limited under applicable law. For consumers, the legal guarantees of conformity and hidden defects apply in accordance with the French Consumer Code. If the Service is non-conforming, the consumer may request that it be brought into conformity, a price reduction, or termination of the contract, under the conditions set out in Articles L224-25-12 et seq.

The Customer is responsible for: (i) the accuracy and legality of the data and instructions transmitted to the Service; (ii) their own hardware, internet access, and security; and (iii) any damage resulting from misuse of the Service in breach of these CGV. The Customer indemnifies the Company against any third-party claim arising from content or use attributable to the Customer.

Article 16: Force Majeure

Neither Party shall be liable for any failure or delay in performing its obligations caused by events beyond its reasonable control, such as natural disasters, fire, flood, epidemic, strike (including of suppliers), war, terrorism, government acts, power or telecommunications outages, or failure of hosting or AI providers. The affected Party shall notify the other as soon as possible and take reasonable steps to mitigate the effects. Performance will resume once the impediment ceases. If the force majeure event persists for more than forty-five (45) days, either Party may terminate the contract without liability, upon written notice.

Article 17: Amendments to the CGV

The Company may modify these CGV to reflect changes in the Service, legal requirements, or business needs. Customers will be informed of any material change by email or through a notice on the dashboard at least fifteen (15) days before the new CGV take effect (thirty (30) days where the change significantly impacts the Service or pricing). Continued use of the Service after the effective date constitutes acceptance of the updated CGV. Consumers who do not agree may terminate the Subscription without penalty before the new CGV apply.

Article 18: Applicable Law and Jurisdiction

These CGV are governed by French law. Any dispute relating to their interpretation or execution that cannot be settled amicably shall fall within the jurisdiction of the competent courts of Angers, France, without prejudice to mandatory provisions granting consumers the right to bring proceedings in the courts of their place of residence. Consumers may also use the EU Online Dispute Resolution platform available athttps://ec.europa.eu/consumers/odr/.

Article 19: Consumer Mediation

In accordance with Article L612-1 of the French Consumer Code, the Company has appointed the CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice) as its consumer mediator. Contact details: CM2C, 14 rue Saint Jean, 75017 Paris, France –cm2c@cm2c.net –www.cm2c.net. After first submitting a written complaint to the Company, the consumer may refer the matter to the mediator within one year. Mediation is free for consumers and conducted in French or English. Either Party remains free to accept or refuse the mediator's solution.

Article 20: Miscellaneous Provisions

Entire Agreement: These CGV, together with the Terms of Service, Privacy Policy, and any specific order form, constitute the entire agreement between the Parties regarding the Service and supersede prior proposals or communications on the same subject.

Severability: If any provision is declared invalid or unenforceable, it shall be deemed unwritten without affecting the validity of the remaining provisions. The Parties shall endeavor to replace the invalid clause with a valid clause reflecting their original intent.

Assignment: The Customer may not assign the contract or transfer the Subscription, whether in whole or in part, without the prior written consent of the Company. The Company may assign the contract to an affiliate or to a successor in the context of a merger, acquisition, or transfer of business, subject to informing the Customer.

Language: These CGV are drafted in English for convenience. A French version may be provided on request. In the event of discrepancy, the French consumer may rely on the version that offers them greater protection.

Notifications: Unless otherwise stated, communications between the Parties shall take place by email using the addresses indicated in the Customer account or on the Company's website. The Customer undertakes to keep their contact details up to date.

Appendix: Standard Withdrawal Form (Consumer use only)