Consumer Addendum
Modifies the MSA for individuals using a Personal Account: lower liability cap, longer statute of limitations, consumer-friendly arbitration fees.
Inscendo: Consumer Account Addendum
Effective Date: September 24, 2026 for Consumers already bound to an earlier version — thirty (30) days' notice under MSA § 15.1. For a Consumer accepting this Addendum for the first time, this Version 1.3 is effective on acceptance. Until September 24, 2026, a Consumer already bound remains on Version 1.2 (effective September 15, 2026). Version: 1.3 (August 25, 2026 — new § 3.11, covering every feature that charges a Consumer more than once: the monthly Premium subscription and automatic Wallet top-up. It states that nothing recurring is on by default, what the Consumer is told before consenting and where, the retainable receipt that acknowledges each charge and carries the renewal terms, that cancelling is available in the same place and by email, a 7-to-30-day notice before any price change, and that the annual reminder California law requires for annual plans does not reach a monthly one but will be sent if Inscendo ever offers an annual plan. § 3.11(h) additionally covers a recurring fee charged by a Marketplace Capsule publisher rather than by Inscendo: what Inscendo does (disclose the recurring terms before purchase, provide the uninstall cancellation, which is immediate), what the publisher owes under Publisher Agreement § 6.7, and that describing the split waives nothing against the seller. Adds Consumer-facing obligations on Inscendo only; no Consumer obligation is enlarged and no right is waived. Version 1.2 (August 14, 2026 — new § 3.0: a Consumer is never asked to indemnify Inscendo for a loss Inscendo's own negligence caused, and the express-negligence provisions added to MSA § 12.2 for business Customers do not apply to Consumer Accounts. Narrowing only; no Consumer obligation is enlarged.) Provider: Inscendo Automation Inc., a Texas corporation
This Consumer Account Addendum ("Consumer Addendum") modifies the Inscendo Master Subscription Agreement ("MSA") for individual users who self-identify at signup as creating an account for personal, family, or household purposes rather than for business purposes (each, a "Consumer" and, collectively, "Consumer Accounts"). Where this Consumer Addendum and the MSA conflict, this Consumer Addendum controls only for Consumer Accounts. All defined terms have the meanings given in the MSA.
This Consumer Addendum is necessary because certain U.S. laws (e.g., the FTC Act, the Magnuson-Moss Warranty Act, state Unfair and Deceptive Acts and Practices statutes, the McGill v. Citibank doctrine in California, and various state consumer-arbitration rules) provide consumers with rights that cannot be fully waived by general B2B terms.
1. Consumer Status: Designation and Reclassification
1.1 Default account type is Business. Unless a User affirmatively selects "Personal Account" at signup (and re-confirms on first use), the User's account is a Business Account. Business Accounts are governed solely by the MSA.
1.2 Self-identification. A User may select "Personal Account" at signup. By doing so the User represents and warrants that the User is creating the account only for personal, family, or household purposes, not for any business, professional, commercial, employer, or trade purpose.
1.3 Misclassification by Customer. If a User selects "Business Account" but is in fact creating the account for personal, family, or household purposes:
(a) the User has materially breached the eligibility representations in MSA § 2.2 and signup attestations in 09-signup-clickwrap.md;
(b) the User shall indemnify Inscendo for any claim, fine, penalty, or cost arising from the misclassification, including any claim seeking to apply consumer-protection law to a Business-Account-classified relationship;
(c) the misclassification is grounds for immediate termination under MSA § 14.4;
(d) but to the extent applicable consumer-protection law overrides the User's representation (i.e., applies to the User notwithstanding the User's contractual commitment to Business status), Inscendo will, at its option, treat the User as a Consumer for purposes of those mandatory laws while otherwise enforcing the Business Account terms.
1.4 Reclassification by Inscendo. If Inscendo determines, in its reasonable discretion, that a User identifying as a Business Account is in fact a Consumer (for example, based on the User's described use case, payment instrument, or activity patterns), Inscendo may reclassify the account to Personal Account on written notice. The reclassification takes effect prospectively and does not retroactively impose Business-Account terms on Consumer use.
1.5 Reclassification by User. If a User identifying as a Personal Account begins using the account for business purposes, the User shall promptly reclassify the account to Business Account in the User's profile settings. Continued business use of a Personal Account is a material breach.
2. What Stays the Same
The following provisions of the MSA, the Acceptable Use Policy ("AUP"), the AI Code of Conduct ("Code"), the Privacy Policy, and the Browser Companion Consent EULA apply to Consumer Accounts without modification:
- Eligibility (U.S.-only, age 18+, sanctions): MSA § 2 and § 17;
- AI orchestration / not AI provider: MSA § 1.2;
- Inscendo IQ acts on Consumer's authority: MSA § 1.3;
- Restrictions: MSA § 3.2;
- AUP and Code in their entirety;
- Customer Data ownership and license-back to Inscendo for service operation: MSA § 4;
- No-foundation-model-training default: MSA § 4.4;
- Customer's responsibility for outbound communications consent (TCPA, CAN-SPAM): MSA § 5.5–5.7 (Consumers do not get an exemption from TCPA or CAN-SPAM merely by being non-business);
- Privacy Policy California addendum and other state notices;
- Browser Companion Consent EULA in its entirety;
- Confidentiality: MSA § 8;
- IP ownership: MSA § 7;
- Prohibition on regulated data: MSA § 3.2(h);
- Sanctions and export-control representations: MSA § 17.
3. What is Modified for Consumer Accounts
3.0 You never cover Inscendo's own mistakes
The MSA § 12.2 indemnity — your promise to cover certain claims — is narrower for a Consumer Account. Under MSA § 12.2C, a Consumer is never asked to pay for a loss that Inscendo's own negligence caused, in whole or in part. Your obligation is limited to claims arising from your own breach of the agreement, your misuse of the Service, or your unlawful conduct.
The express-negligence provisions in MSA § 12.2A and § 12.2B, which do reach a business Customer's indemnity, do not apply to you.
3.1 Stronger AS-IS warning (consumer-readable)
In addition to the MSA's general AS-IS disclaimer, Consumers acknowledge in plain language:
THE SERVICE INCLUDES INSCENDO IQ, AN AI AGENT THAT MAY MAKE MISTAKES, GIVE WRONG ANSWERS, OR TAKE INCORRECT ACTIONS, INCLUDING ACTIONS YOU DID NOT EXPECT. THE AI AGENT CAN CONTROL YOUR BROWSER (IF YOU INSTALL THE BROWSER COMPANION) AND CAN INTERACT WITH WEBSITES YOU ARE LOGGED INTO, INCLUDING BANKS, EMAIL, SOCIAL MEDIA, AND OTHERS. YOU ARE RESPONSIBLE FOR REVIEWING WHAT THE AI AGENT DOES AND FOR ANY CONSEQUENCES OF ITS ACTIONS, INCLUDING ANY ACCOUNTS LOCKED, MESSAGES SENT, MONEY MOVED, OR DATA LOST. DO NOT USE THE SERVICE FOR ANYTHING THAT YOU CANNOT AFFORD TO LOSE OR THAT YOU CANNOT TOLERATE BEING DONE INCORRECTLY.
3.2 No professional-advice substitution
Consumers are reminded in plain language: "The Service is not a lawyer, doctor, accountant, financial adviser, or licensed professional. AI Output is not professional advice. Do not act on AI Output for legal, medical, financial, or tax decisions without consulting a qualified professional."
3.3 Right to cancel and refund
Consumer Accounts may be canceled at any time by the Consumer. On the Consumer's request to cancel, Inscendo will refund unused, prepaid Wallet Funds (less any usage that has occurred) within thirty (30) days, to the original payment method, provided that no fraud, AUP violation, or chargeback is suspected. To obtain this refund, the Consumer should request cancellation and refund (for example, by contacting support@inscendoiq.com); note that using the in-product self-service account-deletion flow forfeits any remaining balance, so a Consumer who wants a refund should request it rather than self-deleting. This § 3.3 is the only modification to MSA § 6.3's "no refund" rule for Consumer Accounts.
3.4 Liability cap (Consumer-friendly)
For Consumer Accounts, MSA § 13.2 (Per-Customer Cap) is replaced by:
Consumer Per-Account Cap. Inscendo's aggregate liability to a Consumer arising out of or related to this Agreement will not exceed the greater of (A) the fees (including Wallet Funds applied to usage and any other fees) paid by the Consumer to Inscendo in the twelve (12) months preceding the event giving rise to the claim, or (B) two hundred fifty U.S. dollars (US $250). For free-tier, beta, or preview Consumer use, the cap is fifty U.S. dollars (US $50).
The Blanket Cap in MSA § 13.3 continues to apply across Consumer and Business accounts collectively.
3.5 Statute of limitations
For Consumer Accounts, MSA § 13.5 (12-month claim window) is replaced by the longer of (a) two (2) years or (b) the period required by applicable consumer-protection law that cannot be shortened by contract.
3.6 Class-action waiver and arbitration: fee-shift adjustment
The class-action waiver in MSA § 16.5 and the mandatory individual arbitration in MSA § 16.3 apply to Consumer Accounts. To strengthen enforceability under FAA / AT&T Mobility v. Concepcion / Epic Systems v. Lewis:
(a) Inscendo will pay all AAA / JAMS / NAM / FedArb administrative and arbitrator fees that exceed those a Consumer would pay in court, up to the Consumer Cap in § 3.4;
(b) Either party may participate by telephone or video in the Consumer's home U.S. state, at the Consumer's election;
(c) The Consumer retains the right to bring an action in small-claims court in the Consumer's home U.S. state, on an individual basis, where the claim qualifies for that court's jurisdiction;
(d) The Consumer retains the right to bring claims for public injunctive relief under California Bus. & Prof. Code §§ 17200 et seq. consistent with McGill v. Citibank, on the conditions in MSA § 16.7(c).
3.7 No mass-arbitration fee shift onto Consumer
The mass-arbitration / Coordinated-Filing Procedure in MSA § 16.6 applies to Consumer Accounts, but: (a) the Consumer's individual filing fee shall not exceed the consumer-class fees published by the chosen forum; and (b) the Bellwether procedure shall be designed in good faith to expedite, not delay, resolution of meritorious individual Consumer claims.
3.8 No reverse-engineering or competing-AI-development restriction over-reach
For Consumer Accounts, MSA § 3.2(b) and § 3.2(c) (no reverse engineering, no use to develop competing AI) remain in force, but Inscendo will not enforce them against personal, non-commercial study or learning that does not result in distribution, publication, or commercial AI development.
3.9 Marketing communications
Inscendo will not send marketing communications to Consumers without separate, unbundled, affirmative opt-in consent (see signup clickwrap). Marketing emails, SMS, or calls require TCPA-compliant opt-in for the relevant channel.
3.10 California-resident addendum (Consumer Accounts)
For Consumers who are California residents:
(a) The Privacy Policy California Notice (§ 10) applies in full.
(b) Inscendo does not "Sell" or "Share" personal information; because there is no Sale or Sharing to opt out of, no action is required to give effect to a Global Privacy Control browser signal, and Inscendo does not currently process such signals automatically (see Privacy Policy § 2.7 and § 10.2).
(c) The Consumer is entitled to the rights described in § 10 of the Privacy Policy.
(d) The Consumer is reminded that, to the extent any provision of this Consumer Addendum or the MSA conflicts with non-waivable rights under the California Consumer Privacy Act, the California consumer-protection rules will control.
3.11 Automatic renewals and automatic charges
This § 3.11 applies to every Consumer Account feature that charges a Consumer's payment method more than once: the Premium subscription (which renews automatically each month) and automatic Wallet top-up (which charges a saved card whenever the balance falls below a threshold the Consumer sets). It supplements MSA § 6.8, § 6.9 and § 6.10, and controls for Consumer Accounts where it differs. Paragraphs (a) through (g) concern charges Inscendo makes; a recurring charge made by a Marketplace Capsule publisher is addressed separately in (h).
(a) Nothing recurring is ever on by default. Neither the Premium subscription nor automatic top-up is enabled unless the Consumer affirmatively turns it on. Inscendo does not convert a free account, a trial, or a promotional rate into a paid recurring charge without the Consumer's separate, affirmative consent to the recurring charge itself.
(b) What the Consumer is told before consenting. Before the Consumer consents, and displayed with the control that gives consent rather than in a separate document, Inscendo discloses: that the charge is automatic and recurring; the amount and how often it recurs (for automatic top-up, the amount the Consumer sets and the balance condition that triggers it); that it continues until the Consumer cancels or turns it off; and how to cancel or turn it off.
(c) Acknowledgment the Consumer can keep. After the first charge, and after every charge thereafter, Inscendo emails the Consumer a receipt in a form the Consumer can retain and refer back to. For a recurring charge that receipt states the automatic-renewal terms, that the charge recurs, and how to cancel or turn it off.
(d) Cancelling is at least as easy as signing up. A Consumer who enabled a recurring charge in the
Service can turn it off in the Service, in the same place it was turned on, without contacting anyone, and
without being required to accept a retention offer first. A Consumer may also cancel by emailing
support@inscendoiq.com, and Inscendo will action it. Cancellation stops all future charges.
(e) Price changes. Inscendo will not change the price of a Consumer's recurring charge without notice. For Consumer Accounts, Inscendo will give no less than seven (7) and no more than thirty (30) days' notice before a changed fee takes effect, in a form the Consumer can retain, together with information on how to cancel. The Consumer may cancel before the new price takes effect, and the change applies only to periods beginning after it does.
(f) Renewal reminders. The Premium subscription bills monthly, so the annual reminder that California law requires for annual automatic-renewal agreements does not apply to it. If Inscendo offers a Consumer an automatically renewing plan with a term of one year or longer, Inscendo will send the annual reminder that law requires, identifying the plan, the amount and frequency of the charges, and how to cancel.
(g) This section does not waive anything. Nothing in this Consumer Addendum or the MSA limits a Consumer's rights under an applicable automatic-renewal statute, and to the extent any provision conflicts with a non-waivable protection of that law, the statute controls.
(h) Marketplace Capsules sold by someone else. A Capsule installed from the Marketplace may carry a monthly fee set and charged by its publisher, who is the merchant of record for that sale; Inscendo is not the seller, does not set or take a share of the price, and never holds the money (Marketplace Installer Terms § 5.3). For those charges:
(i) Inscendo shows the Consumer the recurring terms — the amount, that it repeats monthly, and that it continues until cancelled — before the Consumer commits to the purchase, and provides the control that cancels it: uninstalling the Capsule, in the Service, at any time, without contacting anyone. Cancelling that way takes effect immediately and ends access to the Capsule at once, including for any part of the month already paid for.
(ii) The publisher's own obligations to the Consumer — a receipt after every charge including each renewal,
with cancellation instructions, and compliance with automatic-renewal law as the seller — are imposed on the
publisher by Marketplace Publisher Agreement § 6.7, which the publisher must accept before it can charge
anyone. A Consumer who does not receive those receipts should raise it with the publisher, and may report it
to Inscendo at support@inscendoiq.com.
(iii) A Consumer's rights against the seller are not affected by the seller not being Inscendo. Nothing in this Consumer Addendum, the MSA, or the Marketplace Installer Terms limits any right a Consumer has against a Capsule publisher under consumer-protection or automatic-renewal law, and this § 3.11(h) describes who is responsible for what — it is not a waiver of anything against anyone.
4. Plain-Language Summary of Consumer Account Terms
Inscendo provides this plain-language summary as an aid; the operative terms are in the MSA and this Consumer Addendum:
- You can use the Service for personal projects but you cannot use it for business, employer, or commercial work.
- The AI can make mistakes. You are responsible for what it does. Don't use it for things you can't afford to get wrong.
- The AI is not a lawyer / doctor / accountant. It is informational only.
- Don't put protected health, payment-card, classified, or under-18 data into it. That isn't allowed.
- You can cancel anytime. Ask us to cancel and we'll refund your unused prepaid funds within 30 days. (Heads up: if you instead use the in-product "delete my account" button, any leftover balance is forfeited, so request a refund rather than self-deleting.)
- Anything that charges you more than once is off until you turn it on, tells you the amount and how often before you agree, keeps charging only until you switch it off, and can be switched off in the same place you switched it on. That covers Premium (monthly) and automatic wallet top-up.
- You get an emailed receipt for every charge, and a receipt for a repeating charge tells you how to stop it. If a price is ever going to change, we tell you first and you can cancel before it does.
- A paid capsule from the Marketplace is sold to you by its publisher, not by us. If it charges monthly, it keeps charging until you uninstall it, and uninstalling stops it straight away (you lose it straight away too, so uninstall at the end of a month rather than the middle). Your receipts for it come from the publisher, and we require them to send one for every charge.
- If you have a problem, you and Inscendo will try to resolve it informally first. If that fails, you'll resolve it in individual arbitration in Dallas, Texas (or by phone/video). You can't bring a class action. You can take a small claim to court in your home state.
- Inscendo is not liable for more than US $250 (or what you paid in the last year, whichever is greater).
- California residents have additional privacy rights under the Privacy Policy.
This summary is non-binding. The legal documents control.
[End of Consumer Account Addendum]