Terms & Conditions

1. Acceptance & Scope

By engaging Instantprod for any service, you agree to be bound by these Terms & Conditions ("Terms"). If you do not agree, do not engage our services.

You confirm you are acquiring the Services solely for business purposes (B2B) and are not a "consumer" under the Jamaica Consumer Protection Act. These Terms form the complete agreement between Instantprod ("we", "us") and you ("Client") regarding the Services.

2. Definitions

"Systems" means the custom AI systems, automations, workflows, chatbots, and integrations we design, build, and manage for the Client.

"Deliverables" means the Systems, reports, configurations, documentation, and other outputs produced by Instantprod for the Client under an engagement.

"Statement of Work" or "SOW" means the written document defining the scope, timeline, deliverables, and fixed price for a specific engagement.

"Client Data" means all data, records, files, and information that the Client shares with us to build or operate the Systems.

"Services" means the AI system design, development, automation, consulting, and related professional services provided by Instantprod.

3. Services

Instantprod designs, builds, and manages AI systems for businesses, including but not limited to:

AI Systems & Automations: Custom AI systems, agents, and automations that generate leads, support sales, and streamline operations.
Integration: Connecting the Systems to your existing tools, CRMs, and data sources.
Optimization: Monitoring and improving deployed Systems over time.
Workshops & Training: Helping your team understand and work with AI.

The specific scope of Services for each engagement will be defined in a Statement of Work signed by both parties.

4. Engagements

Book Audit: A one-time assessment of your workflows and opportunities for AI. Delivers a written report with prioritized recommendations.

Project: A fixed-price engagement defined by a SOW. Includes building, testing, and launching your Systems, with a defined timeline and deliverable list.

Ongoing Management: An optional monthly retainer for monitoring, maintenance, and iteration of your Systems after launch.

5. Client Data & Ownership

5.1 Client ownership. You retain all rights, title, and interest in your Client Data. Nothing in these Terms transfers ownership of your business data to Instantprod.

5.2 Processing under instruction. We process Client Data solely on your behalf and under your instructions to deliver the Services. We will not use Client Data for purposes unrelated to your engagement without your prior written consent.

5.3 Permissions. You are responsible for ensuring that you have all necessary rights and permissions to share Client Data with us, including any third-party data you connect.

6. Data Processing

6.1 Collection. Client Data is shared through secure connections, APIs, file uploads, or other methods agreed upon during onboarding.

6.2 Processing. We use Client Data to build, configure, and operate your Systems. Processing may involve AI and machine learning techniques provided by third-party AI services.

6.3 Storage. Client Data is stored in encrypted form on infrastructure provided by our sub-processors (for example, Vercel or AWS). Data residency options may be discussed during onboarding.

6.4 No general model training. We will not use your Client Data to train general-purpose AI models without your explicit written consent.

7. Build Process

A typical engagement follows these phases:

Discovery: Understanding your business, workflows, and goals.
Build: Designing and developing the Systems described in the SOW.
Launch: Deploying the Systems and validating them with your team.
Manage: Monitoring, optimization, and support, either during the project or under a retainer.

Timelines and milestones for each phase will be set out in the SOW.

8. Support & Response

8.1 Support hours. Support is provided during business hours (Monday through Friday, America/Jamaica time, excluding Jamaica public holidays) for the duration of an active engagement or retainer.

8.2 Response targets. We will use commercially reasonable efforts to respond to critical issues within 4 business hours and non-critical issues within 1 business day.

8.3 Third-party services. Your Systems may depend on third-party services (for example, OpenAI or Google). We are not responsible for outages or changes to those services.

9. Pricing, Billing & Taxes

9.1 Fixed pricing. Each project is priced at a fixed amount agreed in the SOW. No hourly billing and no surprise invoices.

9.2 Currency & taxes. All fees are quoted and payable in the currency stated in the SOW, exclusive of the General Consumption Tax (GCT) and any other applicable taxes.

9.3 Payment terms. Invoices are due within 14 days of issue unless otherwise agreed. Large projects may require a deposit before work begins.

9.4 Late payment. If payment is more than 14 days overdue, we may pause work on the engagement until payment is received.

10. Ending an Engagement & Data Return

10.1 Completion. A project engagement ends when the deliverables in the SOW are delivered and accepted, and any applicable invoices are paid.

10.2 Retainers. Either party may end an Ongoing Management retainer with 30 days' written notice to support@instantprod.dev.

10.3 Data export. Upon the end of an engagement, you may request an export of your Client Data within 30 days. We will provide your data in a standard, machine-readable format.

10.4 Data deletion. After the 30-day export window, we will delete your Client Data from our active systems within 90 days. Residual copies in encrypted backups will be purged in accordance with our retention schedule.

10.5 Survival. Sections on confidentiality, limitation of liability, governing law, and any accrued payment obligations survive the end of an engagement.

11. Intellectual Property

11.1 Client IP. Upon full payment, you own the custom Systems and Deliverables created specifically for you under the SOW.

11.2 Instantprod IP. We retain all rights to our reusable components, code libraries, prompts, frameworks, and general-purpose tools used to build your Systems. Nothing in these Terms transfers those rights.

11.3 Feedback. If you provide suggestions or feedback about our Services, we may use it to improve our services without obligation to you.

12. Confidentiality

12.1 Mutual obligations. Each party agrees to keep the other's Confidential Information confidential and not to disclose it to third parties except as necessary to perform under these Terms, with equivalent confidentiality protections in place.

12.2 Exceptions. Confidentiality obligations do not apply to information that is publicly available, independently developed, rightfully received from a third party, or required to be disclosed by law.

12.3 Duration. Confidentiality obligations survive for two (2) years following the end of these Terms.

13. Client Responsibilities

You agree to provide timely access to the information and accounts needed for us to deliver the Services, and to review and respond to our work within reasonable timeframes. Delays in providing access or feedback may extend project timelines.

You agree not to use the Systems to engage in illegal activity or to process data in violation of applicable laws.

14. Warranties & Disclaimers

14.1 Professional performance. We warrant that we will perform the Services in a professional and workmanlike manner, consistent with generally accepted industry standards.

14.2 AI outputs. AI-generated outputs are informational tools to support your decision-making. They are not guaranteed to be accurate, complete, or suitable for any particular business decision. You remain solely responsible for all business decisions made using System outputs.

14.3 No guarantee of results. While we build Systems designed to generate leads and streamline operations, we do not guarantee specific revenue, conversion, or growth results.

15. Limitation of Liability

15.1 Indirect damages. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, including lost profits or lost data, arising from or related to these Terms.

15.2 Cap. Each party's total aggregate liability under these Terms will not exceed the fees paid by the Client in the six (6) months immediately preceding the event giving rise to the claim.

16. Term & Termination

16.1 Term. These Terms apply from the date you first engage us and continue while any engagement or retainer is active, and as needed to give effect to the surviving sections.

16.2 Termination for breach. Either party may terminate an engagement for material breach upon 10 days' written notice if the breach remains uncured within that period.

16.3 Effect of termination. Upon termination, work stops, and data export and deletion proceed as described in Section 10.

17. Governing Law & Disputes

17.1 Governing law. These Terms are governed by and construed in accordance with the laws of Jamaica, without regard to conflict of law principles.

17.2 Dispute resolution. Any dispute arising from these Terms will be resolved through the following process: (a) good-faith negotiation between senior representatives; (b) if unresolved within 30 days, mediation administered by a mutually agreed mediator; (c) if mediation fails, binding arbitration in Kingston, Jamaica.

17.3 Data protection. Both parties will comply with the Jamaica Data Protection Act (2020) and any applicable data protection regulations.

18. Contact Us

Instantprod
Email: support@instantprod.dev