# Extraction — Instinct Terms of Service ## Metadata - Document title: Terms of Service - Entity: Spear Street Technology, Inc. d/b/a Instinct ("Company", "we", "us", "our") - Document type: Terms of Service - Source URL: https://instinct.com/terms - Last revised: August 26, 2026 - Retrieval date: September 22, 2026 (terms); September 23, 2026 (linked documents) - Scope: full (the linked binding documents below are now extracted) - Applied sections: Core, J (scope boundaries) ## Linked documents (now extracted) - Privacy Notice — https://instinct.com/privacy-policy (referenced Section 5; document title on page: "Privacy Policy"; last revised August 26, 2026) - Acceptable Use Policy — https://instinct.com/acceptable-use-policy (referenced Section 5; last revised August 20, 2026) - SMS/Text Messaging Terms — https://instinct.com/legal/sms-terms.html (referenced Section 12; last revised August 17, 2026) - SMS/Text Messaging Privacy Statement — https://instinct.com/legal/sms-privacy.html (referenced by the SMS Terms; last revised July 6, 2026) --- ## Extracted text (verbatim, source order) **Preamble.** "Welcome to the Terms of Service (these \"Terms\") for the website, instinct.com and its subdomains (the \"Website\"), and any related Mac OS application or other computer or mobile applications (the \"Apps\") operated on behalf of Spear Street Technology, Inc. d/b/a Instinct (\"Company\", \"we\", \"us\", \"our\"). The Website and any content, tools, features and functionality offered on or through our Website and the Apps are collectively referred to as the \"Services\"." "These Terms govern your access to and use of the Services... By accessing and/or using the Services, you are agreeing to these Terms." **Arbitration notice (preamble).** "Section 10 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes (with limited exception) related to the Company's Services and/or products through binding individual arbitration... and (b) to waive your right to participate in class actions, class arbitrations, or representative actions... You have the right to opt-out of the arbitration clause and the class action waiver as explained in Section 10." **Section 1 — Who may use the services.** "You must be 18 years of age or older to use the Services." **Section 2 — User accounts.** "To use certain of the Services, you may need to create an account or link another account, such as your Apple, Facebook or Google account (\"Account\")... You are solely responsible for any activity on your Account... You may only create one Account at a time to use the Services, unless we agree otherwise. You agree not to create any Account if we have previously removed your Account, or we previously banned you..." **Section 3 — Using the services.** - Inputs, outputs and actions: "The Services provide a personal assistant powered by artificial intelligence and machine learning technologies (\"AI\")... you may provide... prompts, text, documents or other materials and data for processing (\"Input\")... and the Services will use AI tools... to generate responses... (\"Output\") or take actions on your behalf (\"Actions\")... Inputs and Outputs are collectively referred to in these Terms as \"Materials\"." - Connected services: "You also authorize us to access, copy, collect, and index data from your Connected Services, exchange data with your Connected Services and take Actions on Connected Services on your behalf... even if you disconnect a Connected Service, we may still use the indexed Connected Service Input data unless you follow the instructions to request deletion." - Actions: "You hereby appoint the Services as your agent to enter into agreements, commitments or transactions on your behalf... Any such agreements or commitments shall be binding on you as if entered into directly by you." - Materials: "the Company... own[s]... the Services and all technologies that were used to generate Outputs or take Actions. Due to the nature of AI technologies, the Company makes no representation or warranty to you that any copyright or other intellectual property rights will vest in any Output." "You agree that we may use Materials to develop, provide, maintain and improve the Services and our other products and services, including training AI models... for Materials that you add to our feature of the Service known as the \"Vault\"... we will only use such Materials to provide the Services to you and will not use such Materials to train AI models." "If you do not want us to use your Materials to train AI models, you can opt out by visiting app.instinct.com/settings. Even if you opt out, we may still use your Materials for AI model training when your Materials are flagged for safety review... We may still use AI models previously trained, fine-tuned or improved on your Materials prior to your opting out." - Responsibilities: "You are responsible for your Inputs, Actions, and use of any Output, including all consequences, whether financial, contractual, legal, reputational, or otherwise... You will not use the Services to take Actions or rely on Output where doing so without meaningful human review would be unlawful, unsafe, or otherwise inappropriate." **Section 4 — Paid services.** "You may be required to pay us fees... The Company may, at any time, revise or change the pricing for the Services... Except to the extent required by applicable law, all payments are non-refundable." **Section 5 — Location of our privacy notice and acceptable use policy.** Privacy Notice at https://instinct.com/privacy-policy; Acceptable Use Policy at https://instinct.com/acceptable-use-policy. "By agreeing to these Terms, you agree to comply with... our Acceptable Use Policy." **Section 6 — Rights we grant you.** "We hereby permit you to use the Services for your personal use only... a personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license..." Followed by an extensive list of use restrictions, including no reverse engineering; no scraping; "use the Services for benchmarking purposes, to create or develop any competing products or services or to improve or train other AI models"; and no submitting content that is "inaccurate, unlawful, defamatory... or otherwise objectionable". Includes App terms, Apple App Store terms (Apple as third-party beneficiary), and Beta Offerings ("as is", closed-beta confidentiality). **Section 7 — Ownership.** "You agree that the Company and/or its licensors own all right, title and interest in and to the Services..." Ownership of trademarks. Ownership of feedback: "All Feedback becomes the sole and exclusive property of the Company... You hereby assign to the Company any and all right, title and interest... in and to any and all Feedback." Usage data: "We may use or disclose Usage Data in de-identified or aggregated forms for any lawful purpose." **Section 8 — Third party services and materials.** "the Company is not responsible for examining or evaluating... Third Party Materials or websites." **Section 9 — Disclaimers, limitations of liability and indemnification.** Disclaimers "AS IS" and "AS AVAILABLE"; "DISCLAIM ALL WARRANTIES AND CONDITIONS... OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT." New Jersey carve-out. Limitations: "THE COMPANY ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE COMPANY ENTITIES FOR THE SERVICES, IF ANY, IN THE PAST SIX (6) MONTHS GIVING RISE TO THE CLAIM." Indemnification: "you shall defend, indemnify and hold the Company Entities harmless from and against any and all claims..." **Section 10 — Arbitration and class action waiver.** Informal process first (30-day notice). "any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS... Any arbitration under these Terms will take place on an individual basis – class arbitrations and class actions are not permitted." Exceptions: small-claims, injunctive relief, IP disputes. Costs governed by JAMS Rules with a hardship provision. Opt-out: written notice to support@instinct.com within 30 days of first registering. Class-action waiver in full caps. **Section 11 — Additional provisions.** SMS messaging consent; "We may change the content, features, and other services..."; "Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms."; termination: "the Company may suspend, disable, or delete your Account and/or the Services... with or without notice, for any or no reason."; injunctive relief; California residents notice; export laws; "These Terms are governed by the laws of the State of California... proper venue... the state and federal courts located in San Francisco, California." Assignment: "may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company." **Section 12 — SMS/text messaging.** OTP sign-in texts; STOP/START/HELP; "See our SMS/Text Messaging Terms and SMS/Text Messaging Privacy Statement for the full program terms." "Copyright © 2026 Instinct" --- ## Flags ### Contradictions - None found. ### Undefined terms carrying weight - "meaningful human review" (Section 3) — governs when you may rely on Actions/Output; not defined. - "unsafe", "inappropriate" (Section 3) — govern prohibited Actions; not defined. - "objectionable" (Section 6) — governs prohibited content; not defined. ### Cross-reference issues - The preamble and multiple sections reference Section 10 for arbitration; Section 10 exists and matches. No broken references found. ### Temporal ambiguities - Arbitration opt-out window is "within thirty (30) days of your first registering to use the Services or agreeing to these Terms" (Section 10); start point is defined. - "Last Revised" date governs versioning (Section 11); the version in effect when a dispute arises is not separately fixed for non-arbitration disputes. ### Scope limitations - Arbitration exceptions: small-claims, injunctive relief, IP (Section 10). - New Jersey warranty/damages carve-out (Section 9). - California residents complaint notice (Section 11). - Export and sanctions restrictions (Section 11). ### One-sided provisions - Assignment: company may assign; user may not without consent (Section 11). - Indemnity: user to company only (Section 9). - Pricing: company may change at any time (Section 4). - Termination: "with or without notice, for any or no reason" (Section 11). ### Missing information - No stated retention period for Materials. - No statement of what happens to Materials on company wind-down. - Binding Privacy Notice, Acceptable Use Policy, and SMS terms referenced but not included. ### Incorporation by reference - Privacy Notice (Section 5); Acceptable Use Policy (Section 5); JAMS Rules (Section 10); SMS/Text Messaging Terms and Privacy Statement (Section 12); Apple Media Services Terms (Section 6). --- ## Index of defined terms Website; Apps; Services; Company/we/us/our; you/your; Account; AI; Input; Output; Actions; Materials; Connected Service; Vault; Push Messages; Beta Offerings; Closed Beta Offerings; Feedback; Usage Data; Third Party Materials; Company Entities; Claim; Class Action; JAMS Rules; FAA. ## Cross-reference map - Preamble → Section 10 (arbitration and class action waiver): present, matches. - Section 11 (Miscellaneous, venue) → Section 10 arbitration venue: present, matches. - No broken or missing internal cross-references found. --- # Linked document 1 — Privacy Notice (page title "Privacy Policy") ## Metadata - Source URL: https://instinct.com/privacy-policy - Last revised: August 26, 2026 - Entity: Spear Street Technology, Inc. d/b/a Instinct ("we", "us", "our") - Retrieval date: September 23, 2026 ## Extracted text (verbatim, source order) **Preamble.** "This Privacy Policy describes how Spear Street Technology, Inc. d/b/a Instinct (\"we\", \"us\", \"our\") collects, uses and discloses information about you... (collectively referred to as the \"Services\"). For the purposes of this Privacy Policy, \"you\" and \"your\" means you as the user of the Services." "By using any of the Services, you agree to the collection, use, and disclosure of your information as described in this Privacy Policy." **Changes to this privacy policy.** "We may modify this Privacy Policy from time to time, in which case we will update the \"Last Updated\" date at the top of this Privacy Policy." **Collection and use of information.** "we may use certain information that we collect to provide, develop, and improve the Services, including to understand your requests, plan and complete tasks on your behalf (which may include engaging third parties on your behalf), generate responses and provide you with personalized suggestions... We do not sell your information or disclose your information to registered data brokers or third parties who resell your information to others." **Information you directly provide us.** Contact details; "Payment information, such as credit or debit card information, and billing address, which we collect using a third-party payment processor."; other information in communications. **Information collected through your use of the Services.** "the personal assistant is designed to be available when engaged and, depending on the permissions you grant, may have access to information you share with and make available to it... This may include the content of messages, emails, or other private communications or materials... The Services may also collect audio and voice data, should you choose to enable these features." "you may provide your payment information to the personal assistant so it can book rides on your behalf or your username and password for third-party accounts so that the personal assistant can sign into these accounts on your behalf. Or, for instance, you may use the personal assistant to process health-related information". "we use certain information collected through your use of the Services... to develop and improve our products and technologies, including to evaluate, fine-tune, and train the AI models that power our products and technology. If you do not want us to use your information to train AI models, you can opt out by visiting app.instinct.com/settings. Even if you opt out, we may still use your information for AI model training when that information is flagged for safety review... This opt out applies on a go-forward basis and applies only to model training and not... other types of improvements to the Services... We may still use AI models previously trained, fine-tuned or improved on your information prior to your opting out." "the Services and the personal assistant are not a professional advisor, so you should not rely on it for actions requiring financial, legal, medical, or other advice or judgment." **Information collected from Google Workspace.** "If you choose to link your Google Workspace to the Services, we receive access to your Google Calendar, Gmail, Google Drive, Google Docs, Google Sheets, Google Slides and Google Tasks..." "Our use of information received from Google Workspace APIs will adhere to the Google User Data Policy, including the Limited Use requirements. We do not use information received from Google Workspace APIs to evaluate, fine-tune, train, or improve AI models, or for serving ads... we do not disclose raw or derived Workspace or Photos API user data to third party AI services, including third-party AI model providers, for model training or secondary purposes." "At any time, you may revoke our access to your Google Workspace and request deletion of information collected via the Google Workspace API." **Information we collect automatically (Usage Data).** "We use Usage Data to tailor features and content to you, to develop and improve our product and technology (including to evaluate, fine-tune and train the AI models that power our products and technology), run analytics, and better understand user interaction with the Services." Categories: usage information (keystrokes, clicks, cursor positions); precise geolocation; log, network and device data. **Information collected from other sources.** "Please note that disconnecting a third-party integration does not automatically delete data collected from that integration. You can delete all data indexed from external sources by visiting app.instinct.com/workspace." **Deidentified information.** "we may deidentify or anonymize your information... and we may use deidentified information for any purpose." **Cookies and other tracking technologies.** Cookies, pixels, tracking technologies; "Our website is not currently designed to respond to such signals" (Do Not Track). **Disclosure of your information.** Recipients include: "Our affiliates or others within our corporate group."; vendors/service providers; "Third-party business partners who may use the information for their own purposes. We will provide this data on an aggregate / anonymized basis... we will not provide information collected from Google Workspace to third-party business partners for their own purposes."; "Third-party AI model providers who help support the Services."; third parties the Services interact with on your behalf; third parties you direct; business-transaction parties; professional advisors. Also disclosure "for legal and security reasons." **Third-party websites and links; Children's privacy; Data security; How to contact us.** Children: not intended for children under 13. Data security: "no security measures are impenetrable, and we cannot guarantee \"perfect security.\"... the possibility of unintended actions (including unintended payments or communications to outside parties)". Contact: privacy@instinct.com. "Copyright © 2026 Instinct" ## Flags (Privacy Notice) - Undefined term carrying weight: "flagged for safety review" governs a live exception to the training opt-out but is not defined. - Scope limitation / carve-out: Google Workspace API data is excluded from AI model training and ad targeting. - Absolute statement: "we may use deidentified information for any purpose." - Temporal ambiguity: the text says it will update the "Last Updated" date, but the page header reads "Last revised"; no separate "Last Updated" field appears. - Missing information: no stated retention period for personal information. - Incorporation by reference: Google User Data Policy; SMS/Text Messaging Privacy Statement (via SMS Terms). --- # Linked document 2 — Acceptable Use Policy ## Metadata - Source URL: https://instinct.com/acceptable-use-policy - Last revised: August 20, 2026 - Entity: Spear Street Technology, Inc. d/b/a Instinct - Retrieval date: September 23, 2026 ## Extracted text (verbatim, source order) **Preamble.** "This Acceptable Use Policy (this \"Policy\") describes certain rules of behavior and engagement when you use the Services... If this Policy and the Terms conflict, the Terms supersede and control. Capitalized terms used but not defined here have the meaning given in the Terms." "By accessing or using the Services, you are agreeing to this Policy. You agree not to use the Services for any of the prohibited purposes described below." **Section 1 — Illegal and harmful activities.** "Don't violate the law, violate the rights of others, or engage in harmful activities when using the Services." Enumerated prohibitions include: illegal or unlawful activity such as "(i) acts of violence or terrorism, (ii) exploitation of or harm to children... (iii) human trafficking, exploitation, and sexual violence, (iv) the illegal distribution of information or materials to minors... (v) sexual solicitation or (vi) any other criminal activity"; harassment, abuse, threatening, or bullying; discrimination in employment, credit, housing, or essential services; "the unauthorized or unlicensed practice of any profession, such as financial, legal, medical/health, or related professional practices"; mass surveillance; bulk abuse reporting; collecting or inferring private or sensitive information without necessary rights; violating third-party rights "including through the use of any Outputs"; creating malware; "intentionally circumvent or remove usage restrictions or other safety measures"; activities posing a risk of death or bodily harm. **Section 2 — Unauthorized system access or manipulation.** "Don't use the Services to gain unauthorized access to or manipulate any system, network, account, or device." Includes: unauthorized/illegal/fraudulent financial transactions; "Accessing or modifying another individual's account using their stored credentials without authorization"; executing exploit commands; "Spamming government services, emergency response systems, or crisis helplines." **Section 3 — Deception and misinformation.** "Don't use the Services to intentionally deceive or mislead others." Includes: fraud and disinformation; defamatory content; spam; "Impersonating another individual without their consent, including creating or editing images, voice, or video of other individuals (e.g. \"deepfakes\")"; "Representing that Outputs are human-generated or otherwise misrepresenting the nature or source of AI-generated content"; false online engagement (fake reviews/testimonials). **Enforcement.** "If you violate or we suspect you violate this Policy, we reserve the right to take any action that we may deem appropriate in response to such violation, including terminating or suspending your account. We may update this Policy from time to time, in which case we will update the \"Last Revised\" date at the top of this Policy." "Copyright © 2026 Instinct" ## Flags (Acceptable Use Policy) - Cross-reference / precedence: "If this Policy and the Terms conflict, the Terms supersede and control." - Undefined terms carrying weight: "harmful activities", "we suspect you violate" (basis for enforcement) are not defined here. - Absolute statement: "we reserve the right to take any action that we may deem appropriate." - Incorporation by reference: the Terms (defined terms and additional restrictions). --- # Linked document 3 — SMS/Text Messaging Terms (and Privacy Statement) ## Metadata - SMS Terms — https://instinct.com/legal/sms-terms.html — last revised August 17, 2026 - SMS Privacy Statement — https://instinct.com/legal/sms-privacy.html — last revised July 6, 2026 - Entity: Spear Street Technology, Inc. d/b/a Instinct ("Instinct", "we", "us") - Retrieval date: September 23, 2026 ## Extracted text — SMS/Text Messaging Terms (verbatim, source order) **Preamble.** "These SMS/Text Messaging Terms apply to text messages sent by Spear Street Technology, Inc. d/b/a Instinct... and supplement the Instinct Terms of Service." **Program description.** "Instinct sends one-time passcode (OTP) text messages to verify sign-ins. When you enter your phone number at https://app.instinct.com/signin and request a sign-in code, you consent to receive a single text message containing a one-time verification code for that request." Also a single welcome message when a waitlist spot opens; the consent disclosure "also covers waitlist updates and occasional tips and product news"; "Marketing messages are not a condition of joining Instinct." **Message frequency.** "Message frequency varies; typically one message per sign-in request you make... Message and data rates may apply." **Opting out.** "Reply STOP to cancel and stop receiving text messages from Instinct. After opting out you will no longer receive sign-in codes by text message. Reply START to resume receiving messages." **Help.** "Reply HELP for help, or contact us at privacy@instinct.com." **Carriers.** "Wireless carriers are not liable for delayed or undelivered messages." **Privacy.** Points to the "SMS/Text Messaging Privacy Statement" and the "Privacy Notice." ## Extracted text — SMS/Text Messaging Privacy Statement (verbatim, source order) "This statement supplements the Instinct Privacy Notice and describes how Spear Street Technology, Inc. d/b/a Instinct... handles mobile phone numbers and text-messaging consent information collected for Instinct's sign-in verification (OTP) text messaging program." **What we collect.** "we collect the mobile phone number you provide, together with records of your messaging consent and opt-out status." **How we use it.** "We use this information solely to deliver the one-time sign-in codes you request, to deliver service-related text messages you have consented to receive, and to operate, secure, and troubleshoot our services." **No third-party marketing.** "We do not share, sell, rent, or otherwise provide your mobile phone number, text messaging originator opt-in data, or SMS consent information to any third parties or affiliates for their marketing or promotional purposes. This information is shared only with service providers acting on our behalf to deliver text messages, or as required by law." **Message frequency and rates; Opting out.** "Message frequency varies; typically one message per sign-in request you make. Message and data rates may apply." "Reply STOP to any message to stop receiving text messages from Instinct, and reply HELP for help." ## Flags (SMS documents) - Scope limitation: the SMS program is limited to OTP sign-in verification, welcome/waitlist, and optional tips/product news; marketing is not a condition of joining. - Absolute / one-sided: "Wireless carriers are not liable for delayed or undelivered messages." - Incorporation by reference: SMS Terms and SMS Privacy Statement reference each other and the Privacy Notice / Terms of Service. --- ## Consolidated scope note All three linked binding documents referenced by the Terms (Privacy Notice, Acceptable Use Policy, and SMS/Text Messaging Terms, plus the SMS/Text Messaging Privacy Statement referenced within the SMS Terms) were reachable and are now extracted above. The run is marked **full**.