PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING THE "CREATE ACCOUNT" BUTTON OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.

Preamble

The services operated by Instacoins permits users to purchase Virtual Currency or Virtual Assets, whether retail or OTC (“Services”). Dependent upon your nationality and country of residence you may not be able to use this Website.

In these Terms, the word “Instacoins”, “we”, “us”, or “our” refers to the relevant Instacoins Company with which you transact or create your account with. The terms Virtual Currency/ies and Virtual Asset/s are used interchangeably.

It is your obligation to comply with the laws of the country in which you reside and/or from the location where you access our Website and Services from. To the extent that you consent to and for the duration of your use, abide by these Terms of Use, Instacoins grants to you individual, non-exclusive, non-transferable, non-licensable and limited right to enter and use our Website and Services.

In these Terms of Use, depending upon context, “Instacoins” may also make reference to the services, products, Website, content or other components provided by Instacoins.

IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU SHALL NOT ACCESS THIS WEBSITE AND SHALL NOT USE ANY OF INSTACOINS’ SERVICES, PRODUCTS AND/OR CONTENT.

Summary of Terms of Service

This summary of our Terms of Service offers you an overview of the key terms that apply to your use of our website, platforms, trading and other services. While we hope this summary section is helpful, you should read the Complete Terms of Service below since they provide important information about how our services work.

Our Services

Instacoins provides you with a simple and convenient way to trade legal tender (such as U.S. dollars and Euros) and cryptocurrencies (such as bitcoin and ether) via our Services. Among other things, you may also use our Services to purchase and sell cryptocurrencies directly from and to us as further described in the complete Terms of Service. The range of services available to you will depend in part upon the country or U.S. state of which you are a resident and from which you access Instacoins’ services.

OTC Desk

The Instacoins OTC Desk allows institutions and individuals alike to buy or sell crypto without the need to participate in an open-market exchange. Offering deep 2-way liquidity and a personalized service, we will provide you with a discreet and secure trading and settlement experience.

Eligibility and Acceptable Use

You must meet certain eligibility criteria to use Our services. For instance, you must be an adult and there are certain locations from which you may not be able to use some or all of Instacoins’ Services. Additionally, there are certain things you cannot do when using Instacoins’ Services, such as engage in illegal activities, lie, or do anything that would cause damage to our services or systems. Please see the acceptable use section for more details.

Trading Risks

Engaging in any trade can be financially risky, and there can be higher financial risks if you engage in any margin transactions, use any other sophisticated trading options, or trade in cryptocurrencies that are subject to volatile market price movements. Please don't use Instacoins’ services if you do not understand these risks and enter into trades only when you understand the trading option you are using, the characteristics of the Cryptocurrency you intend to trade, and the potential financial risk of loss trading them entails.

Other Important Legal Terms

There are important legal terms provided below in the complete Terms of Service, including your indemnification responsibilities, our limitation of liability and disclaimers, and your agreement to arbitrate most disputes. Please take the time to read these terms carefully. You can always contact us through supportI if you have any questions.

Complete Terms of Service

These Terms of Service and any terms expressly incorporated herein ("Terms") apply to your access to and use of the websites and mobile applications provided by Instacoins Group of Companies and its wholly owned subsidiaries (collectively, "Instacoins", "we", or "us").

Our products and services are provided through local operating entities that are subsidiaries of the Instacoins Group of Companies. You sole and exclusive counterparty to these Terms is as follows:

1. If you are an Estonian resident or sign up for an Instacoins account from the territory of Estonia, Singapore or Puerto Rico, this contract is between you and Instacoins Estonia OÜ. Instacoins Estonia OÜ is registered address of Tartu mnt 84a-131, Harju Maakond, Tallinn 10112, Estonia with company registration number 14836937. Instacoins Estonia OÜ is licensed by the Estonian Financial Intelligence Unit to carry out virtual currency services under license number FVT000081.
2. If you reside in or sign up for an Instacoins account from any other country or territory, this contract is between you and Instacoins Europe EOOD. Instacoins Europe EOOD is registered in Bulgaria at 65, Shar Planina Fl. 3, 1303 Sofia City, Sofia, with company registration number 206805724. Instacoins Europe EOOD is licensed by the Bulgarian National Revenue Agency to carry out services for the exchange of virtual currencies under license number BB-48.
3. If you reside in the United States – Instacoins USA LLC.

Notwithstanding the above, all the following terms, paragraphs and clauses apply to you indiscriminately and in their entirety.

Key Definitions

All terms and conditions within these Terms are to be strictly defined and interpreted according to the British/English language. Capitalized terms not otherwise defined in these Terms will have the following meaning:

• "Asset" means any Cryptocurrency and/or Legal Tender;
• "Cryptocurrency" means bitcoin, ether and any other cryptocurrencies that may be traded via the Services, excluding NFTs.
• "External Account" means any Financial Account or Cryptocurrency/NFT Account: (i) from which you may load Assets into your Instacoins Account, and (ii) to which you may transfer Assets from your Instacoins Account.
• "Financial Account" means any financial account of which you are the beneficial owner that is maintained by a third party outside of the Services, including, but not limited to third-party payment service accounts or accounts maintained by third party financial institutions.
• "Funds" means any Cryptocurrency and/or Legal Tender.
• "Instacoins Account" means a user account accessible via the Services where Assets may be stored by Instacoins on behalf of a user.
• "Legal Tender" means any national currency, such as U.S. dollars, Great British Pound, Euro, that may be used in connection with a purchase or sale of Cryptocurrencies via the Services, and does not include any Cryptocurrency or NFT.

Changes to These Terms

Instacoins reserves the right to change and modify these Terms of Use at any time. We will make efforts to ensure that if any substantial changes to the Terms of Use are made, you will be informed and given advanced notice by a suitable method (for example, to the email address that you provide when registering for a user account on the Website). It is still your responsibility to examine these Terms of Use occasionally to make sure that you do still agree with them. Your ongoing use of the Website will be considered to be your acceptance of any modifications we make.

Should you not agree with any such change, we ask that you terminate your account with us. Your ongoing use of the Website will indicate acceptance of the Terms of Use. By agreeing to these Terms of Use, you recognize and acknowledge that Instacoins will not be held liable to you or any third party for any adjustment of any Instacoins Services as a result of any change to these Terms of Use.

E-Sign Consent

By agreeing to these Terms of Use, you accept and agree that Instacoins will be delivering all communications to you via electronic means. It is your duty to update your contact details to make certain that all information is current. In agreeing to these Terms of Use, you accept and acknowledge that in the event that Instacoins sends communications to an incorrect, broken or unavailable email address, the message will be considered to have been delivered.

You can revise your personal details at any time. To revise any personal details which cannot be edited on the Website, please contact us.

Eligibility

In order to be qualified to register an account with Instacoins you must be a minimum of eighteen (18) years old. We reserve the right to unilaterally decide whether to register an account and/or whether to provide Services to any persons and shall have no obligation to justify or outline the reasons for any rejection thereof.

To be eligible to register and gain access to Instacoins Services, you must adhere to rules regarding the country in which you reside.

Residents and resident aliens of unsupported/restricted countries are not eligible to register to use Instacoins Services whilst a resident in the unsupported/restricted country and/or if they are for the short term or permanently a resident in an accessible country. Notwithstanding if their earnings are not subject to the taxation of an unsupported/restricted country.

Instacoins reserves the right to ask for additional proof of residency from you if the information provided by you indicates that you are in or are from one of the Restricted Territories. It remains your obligation to abide by your own local, national or state laws that relate to our Services and the utilisation of cryptocurrencies, in advance of registering with us.

Instacoins reserves the right to suspend or lock up an account or suspend your use of Instacoins Services while you are located in any location where Virtual Currency is not allowed.

The availability of the Instacoins Website does not represent any offer, solicitation or invite by us for the utilization of our Services in any area where such actions are prohibited. By no means will we be held liable for any breach of state or sovereign law that may come about as a result of your usage of the Website or Services.

By opening an account to use our Services, you exclusively represent and guarantee that you:

• Possess the complete capacity to accept, and have accepted these Terms of Use and have complete capacity to enter into an exchange involving Virtual Currency or Virtual Assets;
• Are a resident in a location that allows the use and exchange of Virtual Currency or Virtual Assets;
• Are not using our Website or Services on the part of any third party;
• You agree not to transfer any Cryptocurrency to or from your Instacoins account to any wallet owned by an individual or entity on any international sanctions listing(s).

Instacoins may condition your access or continued access to certain Services (or features of those Services), such as by imposing eligibility requirements. Instacoins will keep you informed of these on its website. Instacoins may require, on an on-going basis, that you demonstrate to us that you continue to meet these requirements. Instacoins’ decisions with respect to eligibility are final.

Your Account

To access our Services, you are going to be required to complete the account registration form which will call for the supply of, but not limited to, full name and surname, a legitimate present-day residential address, a legitimate email address and mobile phone number. You must complete the Registration Form entirely and supply correct details and information.

Instacoins reserve the right to decline any application. Any incorrect information supplied by you may result in your access to the Website being terminated.

Instacoins only allows users to create one account. Any attempt to generate a second and/or a duplicate account may lead to the termination of your account.

Should you be experiencing any problems accessing your Instacoins account, please contact us.

After the successful completion of the registration process, you will be allowed to use our Services, but may be immediately required to complete our Account Verification process.

Please check with your local jurisdiction if you are permitted to open an account with Instacoins.

Cryptocurrency Custody and Title

All cryptocurrencies held in your Instacoins Account are custodial assets held by Instacoins for your benefit, as described in further detail below.

Ownership

Title to the cryptocurrencies shall at all times remain with you and shall not transfer to Instacoins, except as provided herein. All interests in cryptocurrencies we hold for Instacoins Accounts are held for customers, and are not property of Instacoins.

As the owner of cryptocurrencies in your Instacoins Account, you bear all risk of loss of such cryptocurrencies. None of the cryptocurrencies in your Instacoins Account are the property of Instacoins. Instacoins does not represent or treat assets in your Instacoins Account as belonging to Instacoins. However, a court may disagree with Instacoins’ treatment of your assets and subject them to claims of Instacoins’ creditors. Except as required by a facially valid court order, or except as provided herein, Instacoins will not sell, transfer, loan, hypothecate, or otherwise alienate cryptocurrencies in your Instacoins Account unless instructed by you or as otherwise authorized by these Terms. For the avoidance of doubt, and notwithstanding anything else herein, Instacoins makes no warranty that cryptocurrencies in your Instacoins Account are held by you free and clear of any security interest or other lien or encumbrance by Instacoins or others, including but not limited to Instacoins’ creditors.

Control

You control the cryptocurrencies held in your Instacoins Account. At any time, subject to outages, downtime, a court order, and/or other applicable policies, you may withdraw your cryptocurrencies by instructing Instacoins to debit the applicable cryptocurrencies from your Instacoins Account and transferring the cryptocurrencies to an External Account.

Custody Fee

Instacoins acts as a custodian for all Cryptocurrency purchases concluded on the Website. In providing such custody service, Instacoins will be levying a fee, subject to certain conditions, as per below:

1. If an account has a positive or non-zero Cryptocurrency balance AND a user has not made any deposits or withdrawals during a calendar month, Instacoins will charge a fixed custody fee of 0.00025 BTC to such account every 30 days. The same fee will be levied every 30 days rolling should no further deposits or withdrawals be recorded on the user’s account.
2. Should the user’s Cryptocurrency balance on account equate to less than the custody fee, the Cryptocurrency balance will be set to zero and there will be no negative balance assigned.
3. No fees will be levied for users who have made a deposit or withdrawal within 30 days.
4. There will be no fees levied should the user’s Cryptocurrency balance be zero.

General Obligations

This section applies to:

1. all transactions completed via the Services, and
2. any transaction in which you load Assets into your Instacoins Account from your External Account or transfer Assets from your Instacoins Account into an External Account.

Conditions and Restrictions

We may, at any time and in our sole discretion, refuse any trade, purchase, sale, or transfer of an Asset submitted via the Services, impose limits on the trade, purchase, sale, or transfer amount permitted via the Services or impose any other conditions or restrictions upon your use of the Services for depositing Assets to and withdrawing Assets from your Instacoins Account or for buying, selling, or trading Assets without prior notice.

Accuracy of Information

You must provide any information required when creating a Instacoins Account or when prompted by any screen displayed within the Services. You represent and warrant that any information you provide via the Services is accurate and complete.

Compliance with legal obligations

We are subject to various legal and regulatory obligations imposed by the laws and supervisory authorities of various jurisdictions e.g., anti-money laundering laws, financial services laws, corporation laws, privacy laws and tax laws. These obligations may require us to process certain personal data for identity verification, payment processing, compliance with court orders, tax laws or other purposes not disclosed herein. Please refer to our Privacy Policy for Information we may collect about you. These obligations may arise at various times, including, but not limited to, client on-boarding, payment processing, and systemic checks for risk management. We reserve the right to lock, disable and/or close accounts as deemed necessary by us in order to comply with any such legal and regulatory obligations now existing or hereinafter imposed.

Cancellations

Once you execute a transaction, you may not change, withdraw or cancel your authorization for Instacoins to complete such transaction. While we may, at our sole discretion, reverse an order or transaction under certain extraordinary conditions, a customer does not have a right to a reversal of an order or transaction.

Errors

In the event of an error, whether via our Services, in a purchase order confirmation, in processing your purchase, or otherwise, we reserve the right to correct such error and revise your purchase transaction accordingly (including charging the correct price) or to cancel the purchase and refund any amount received. Your sole remedy in the event of an error is to cancel your purchase order and obtain a refund of any amount charged.

Insufficient Assets

If you have an insufficient amount of Assets in your Instacoins Account to complete a transaction via the Services, we may cancel the entire transaction or may fulfill a partial transaction using the amount of Assets currently available in your Instacoins Account, less any fees owed to Instacoins in connection with our execution of the transaction.

Payment Method

Only valid payment methods specified by us may be used to purchase Cryptocurrenciess. By placing an order to purchase Cryptocurrencies from Instacoins, you represent and warrant that

1. you are authorized to use the designated payment method; and
2. you authorize us, or our payment processor, to charge your designated payment method. If the payment method you designate cannot be verified, is invalid or is otherwise not acceptable, your purchase order may be suspended or cancelled automatically. You agree to resolve any problems we encounter in order to proceed with your purchase order.

Taxes

It is your responsibility to determine what, if any, taxes apply to the transactions you complete via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Instacoins is not responsible for determining whether taxes apply to your trades or for collecting, reporting, withholding or remitting any taxes arising from any trades or transactions. If required by applicable law, Instacoins may withhold tax from any payments made to you and report such tax to the relevant taxing authority.

Account Verification

As part of the account verification process, we will request that you provide us with documentation adequate to comply with local anti-money laundering laws and any other such regulations, guidelines and central policies that we are bound by or in our discretion deem to be necessary.

In providing this, or any other information that is required, you expressly represent and guarantee that the information is genuine and authentic. Furthermore, you recognize and agree that it is your solitary obligation to update Instacoins if any of this information was to change. In agreeing to these Terms of Use, you recognize and agree that if Instacoins sends you communication to an invalid or unavailable email address, the transmission will be thought to have been delivered.

Instacoins retains the right to request additional verification documents at any time. Failing to provide the required documents may postpone or prevent the use of our Services.

Following submission of documents during the account verification process referenced above, we may have to verify the documentation presented to us and to do so, we may send copies of the documentation and information including, but not limited to your name, residential address and date of birth to a third-party to validate these details electronically.

Any false information supplied by you will lead to your use or access to the Website being terminated. Instacoins reserves the right to decline any application without offering a reason.

By agreeing to these Terms, you accept and agree that the processing of any such information may be subject to delays, you permit Instacoins and/or other select third parties to carry out any inquiries we deem to be necessary or necessary to confirm your identity and/or to fulfill our legal obligations, and to take any measures legally required of us or we consider to be necessary actions as a result of the findings of any such examination and review.

Account Security

If you select or are provided with a password or any other item of information as a component of our security processes, you must handle such information as private. Do not disclose it to any other party. By applying to use our Website and Services, you agree not to divulge your password, account details, or any information pertaining to your account to any third-party.

You are liable for all transactions on your account where the correct security details have been provided. Should another person access your account, you are completely responsible for all their actions, regardless of whether their access was authorised by you. Further, you hereby indemnify us and hold us harmless against any and all costs, claims, expenses and damages stemming from the use or access of your account by any third-party.

Instacoins assumes no responsibility for any losses that you may incur due to any breach of your account login credentials as no fault of Instacoins and/ or failing to follow or take action following any notices or alerts that we may send to you electronically.

Instacoins retains the right to disable any user identification or password at any time if in our opinion you have failed to comply with any of the conditions of these Terms of Use. If you know or believe that anyone other than you has access to your user username or password, you must immediately change your password. Contact us if you are unsure how to do this.

Once your account has been verified, we highly recommend that you activate the two-factor authentication (“2FA”).

Transactions

Instacoins processes customer transactions pursuant to the directions received from its users. You are solely responsible for the validity and verification of all transaction details, including (but not limited to) the currency, the amount, the type of payment method and the destination virtual currency wallet address prior to submission of any such instructions to Instacoins.

Supported Virtual Currencies

Instacoins will make every effort to clearly show our supported Virtual Currencies. Except in cases where we officially announce in a public statement, on our Website or via email, Instacoins does not allow or support sidechains, coloured coins, Alt-coins, Meta-coins, derivative coins or tokens which have interaction with Virtual Currencies which Instacoins supports.

Instacoins exclusively retains absolutely no command, responsibility or liability pertaining to the legality, security, delivery and other such assurance as an end result of the involvement with any such unsupported Virtual Currencies or process. If you are uncertain of which Virtual Currencies Instacoins supports, contact us.

Instacoins supports Virtual Currencies, however, is not responsible for that Virtual Currency’s Blockchain; we have no control over what happens on any Blockchain, our role is limited in sending the Cryptocurrency on its Blockchain. Instacoins makes no representations that it regulates or owns any component of the fundamental application that controls the operations of the Virtual Currencies we support.

In agreeing to these Terms, you accept and acknowledge that Instacoins accepts no responsibility or liability for the function of the main software and in no way, promises its availability or safety.

Exchange Services

The “Exchange Rate” as shown on the Instacoins Website is the price at which you may buy Cryptocurrency from Instacoins. When agreeing to these Terms of Use, you accept and acknowledge that the Exchange Rate at which you may choose to buy may not be the same as that of outside sources.

The Exchange Rate is always shown in advance of the execution of each purchase order. You acknowledge your bank may impose additional fees depending on the method you use to fund such purchase, and that Instacoins is not responsible for any other charges other than the Legal Tender amount you specify on our Website.

Instacoins will always do its best to process every transaction as quickly as it can. However, you hereby accept and acknowledge that there could possibly be delays in this Service and recognize that Instacoins reserves the right to terminate any purchase at our sole discretion.

Instacoins will not complete an exchange if the amount transacted is lower than the limits described in our FAQs. Instacoins reserves the right to modify its Exchange Rates without notice but will always display an updated exchange rate prior to every purchase. Instacoins will always make every effort to maintain its Exchange Services, however, we do not guarantee the supply of our Service.

Any purchase of Cryptocurrency from Instacoins can only be concluded after completing the Account Verification process. In cases where any data pertinent to such Account Verification process is not provided, or where such data is inaccurate, or the Account Verification process is otherwise incomplete, Instacoins reserves the right to recalculate the Exchange Rate and deliver the newly-calculated amount of Cryptocurrency.

Transactions

This Section applies only when you use the Services to trade Cryptocurrencies for Legal Tender or vice versa, or to trade Cryptocurrencies for another form of Cryptocurrencies.

Authorisation

When you submit a new order via the Services, you authorise Instacoins to execute a transaction in accordance with such order and charge you any applicable fees (as herein).

Independent relationship

You acknowledge and agree that:

1. Instacoins is not acting as your broker, intermediary, agent, or advisor or in any fiduciary capacity, and
2. no communication or information provided to you by Instacoins shall be considered or construed as investment, tax, or any other form of advice.

Confirmation

Once the Services execute your transaction, a confirmation will be electronically made available via the Services detailing the particulars of the transaction. You acknowledge and agree that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such trade.

Prices; Availability

All prices reflect the price applicable to the purchase or sale of Cryptocurrencies using the Legal Tender or alternative form of Cryptocurrencies identified in your purchase order. All Cryptocurrency sales and purchases by Instacoins are subject to availability. We reserve the right to cancel or discontinue any sale or purchase of Cryptocurrencies with or without notice.

Risks

The trading of goods and products, real or virtual, as well as virtual currencies, involves significant risks. Prices can fluctuate on any given day. Due to such price fluctuations, you may increase or lose value in your assets at any given moment. Any currency, virtual or not, may be subject to large or sudden shifts in value and may even become worthless. There is an inherent risk that losses will occur as a result of buying, selling or trading anything on a market. You should be aware that the risk of loss in trading or holding Virtual Currencies can be substantial.

Virtual Currency trading also has special risks not generally shared with official currencies or goods or commodities in a market. Unlike most currencies, which are backed by governments or other legal entities, or by commodities such as gold or silver, Virtual Currency is a unique kind of currency, backed by technology and trust. There is no central bank or government regulator that can take corrective measures to protect the value of the Virtual Currency in a crisis, issue more currency, or balance the price fluctuations.

Instead, Virtual Currency is an autonomous and largely unregulated worldwide system of currency firms and individuals. Traders and market participants put their trust in a Virtual, decentralized and partially anonymous system that relies on peer-to-peer networking and cryptography to maintain its integrity. Thus, the value of Virtual Currency may be derived from the continued willingness of market participants to exchange Legal Tender Currency for Virtual Currency, which may result in the potential for permanent and total loss of value of a particular Virtual Currency should the market for that Virtual Currency disappear.

Virtual Currency trading may be susceptible to irrational (or rational) bubbles or loss of confidence, which could collapse relative to demand and supply. For example, confidence in Virtual Currency might collapse as a result of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. Confidence might also collapse because of technical problems, for example, if the anonymity of the system is compromised, if money is lost or stolen, or if hackers or governments are able to prevent transactions from settling.

Transactions in the Virtual Currency may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable.

Due to the nature of Virtual Currency, any technological difficulties experienced by the Company could prevent the access or use of a Member’s Virtual Currency.

The abovementioned is not a closed list, there may be additional risks that we have not foreseen or identified in our Terms of Use. You should carefully assess whether your financial standing and tolerance for risk are suitable for buying, selling or trading Virtual Currency.

The Company uses banking providers in order to receive your funds and to make payments. Our banking providers do not transfer Virtual Currency, exchange Virtual Currency, or provide any services in connection with Virtual Currency.

Markets for Virtual Currency have varying degrees of liquidity. Some are quite liquid while others may be thinner or illiquid. The Company does not guarantee any profit from trading or any other activity associated with the Website.

Risk Disclosure

Cryptocurrency trading risks

The risk of loss in trading Cryptocurrency pairs, and Cryptocurrency and Legal Tender pairs can be substantial. You should, therefore, carefully consider whether such trading is suitable for you in light of your circumstances and financial resources.

Internet transmission risks

You acknowledge that there are risks associated with utilizing an Internet-based platform such as the Services, including, but not limited to, the failure of hardware, software, and Internet connections. You acknowledge that Instacoins shall not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when trading via or otherwise utilizing the Services, however caused.

Asset Transmission Risk

You agree that there may be operational issues, human error, malicious conduct (such as fraud or cyber attack) and other risks associated with the transmission of Cryptocurrencies and Legal Tender, which may delay, prevent, misdirect, or otherwise frustrate your ability to transfer Cryptocurrencies and Legal Tender to or from Instacoins, the Services, or the Instacoins websites and mobile applications. You further agree that Instacoins is not obligated to assist or support you in any fashion with any unsuccessful transmission of Cryptocurrencies or Legal Tender.

Underlying Protocol Risk

We do not own or control the underlying software protocols of Cryptocurrency networks that govern the operation of Cryptocurrencies. In general, the underlying protocols are open source, and anyone can use, copy, modify or distribute them. We are not responsible for the operation of the underlying network protocols, and we make no guarantees regarding their security, functionality or availability.

Assumption of risk

You acknowledge and agree that you shall access and use the Services at your own risk, including but not limited to the risks described in these Terms.

IN LIGHT OF THE ABOVEMENTIONED RISKS, WHICH ARE NOT A COMPREHENSIVE LIST, YOU SHOULD CAREFULLY CONSIDER IF HOLDING VIRTUAL CURRENCY IS SUITABLE FOR YOU DEPENDING ON YOUR FINANCIAL CIRCUMSTANCES.

Reversals and Cancellations

Instacoins reserves the right to reject any purchases or sale of Virtual Currency if we suspect the transaction involves or could possibly be involved in criminal activity, is a breach of our prohibited activities rules or any known legal, governmental or regulatory laws or orders.

In the event that Instacoins cancels a transaction, we are not required to reprocess your exchange on exactly the same terms as the terminated purchase.

Deposits, Withdrawals and Refunds

Fees may apply to deposits sent to your own wallet. All fees will be outlined in advance of any transaction and are available elsewhere on our Website. Contact us should you have any questions regarding the cost of a transaction.

Instacoins is under no obligation to offer refunds (particularly where cryptocurrency has already been transferred) for any transaction or transacted funds. On the occasion that Instacoins does issue a refund, your monies will be credited back to your respective account within five to ten (5-10) business days. Kindly note that this may be subject to other delays by your corresponding bank. Instacoins reserves the right to charge a related refund or processing fee on such transactions. Please see our Refund and Cancellation Policy for more details.

Payment via Bank Transfer

The company has a set minimum transaction volume or size threshold. For all transactions funded via bank wire (or for any other method where Instacoins receives Legal Tender currency in advance from its clients), should the amount of Legal Tender currency received be less than such minimum volume or minimum size threshold, Instacoins will not process the transaction and will not exchange such Legal Tender currency into the equivalent in cryptocurrency. Please consult our FAQs for more information on the minimums stipulated for each currency.

In order for Instacoins to process such transaction, you will be required to send additional Legal Tender currency to reach the minimum transaction size. Additionally, you will have to pay an administrative fee of twenty-five Euro/Pounds Sterling/US Dollars (EUR/GBP/USD 25), or the equivalent of twenty-five Euro (EUR 25) in any other currency. Should you have made the wire in error, no longer intend to purchase cryptocurrency or otherwise choose to request the Legal Tender currency back, we will levy an additional processing fee of fifty Euro/Pounds Sterling/US Dollars (EUR/GBP/USD 50), or the equivalent of fifty Euro (EUR 50) in any other currency as a processing fee.

Funding your account via bank transfer from third parties should be avoided. In the event we receive funds on your behalf from third parties we reserve the right to return the monies at the sender’s expense, and with no explanation, motivation or communication, and /or impose processing fees as described above.

When making a bank transfer in a currency which is different than your native currency, it is highly likely that the amount we receive may be lower due to interchange bank fees. Please note these fees are not controlled or set by Instacoins and cannot be waived. In order to avoid this, always select the correct funding currency for your bank wire. We can accept payment via bank wire in EUR, GBP, USD, CAD, AUD, CHF, NOK and ZAR.

Skrill/Neteller Payments

Where you send Legal Tender funds via Skrill/Neteller, Instacoins will receive such funds even in instances where the name and/or email of your Skrill/Neteller account does not match the name and/or email of your Instacoins account.

When this is true, Instacoins will not be able to process the transaction since it would be classified as a third-party payment. In this case, Instacoins will send back the Legal Tender funds and apply a processing fee which shall be deducted from the amount being sent back. The fee applied will be 5.5% of the transaction value in Legal Tender. Foreign exchange charges may also apply.

Skrill may levy foreign exchange charges when you pay with a Skrill wallet denominated in a currency different from the one you selected on Instacoins.

Payment Services Partners

By accepting these Terms of Use, you accept and acknowledge that Instacoins may make use of select third-party payment processors to carry out any transactions between you and Instacoins, including but not limited to payments expected for the use of the Exchange Services.

Limited License

Assuming that you agree to and for the length of your use, abide by these Terms, Instacoins provides to you a personal, non-exclusive, non-transferable, non-licensable and restricted right to enter and use Website content and Services for authorized purposes only.

Any unauthorized use of Instacoins content and Services are expressly prohibited. By accepting these Terms of Use, you accept and acknowledge that you are not to sell, re-distribute, license or misrepresent any Instacoins content, in whole or in part, including all images linked to Instacoins content and Services.

Instacoins are the owners of all intellectual property rights in our Website, including the written materials published on it. These intellectual property rights include, without constraint, copyright, trademarks, the root software, the design, visuals, layout, Website structure, data collection rights, design rights and domain names. Such elements are protected by copyright laws and treaties and as such, all rights are reserved.

Any trademarks used on the Website are owned by Instacoins and its licensors. Trademarks should not be replicated, reproduced, altered, republished, uploaded, published, passed on, scraped, compiled or sent out in any form or by any means. The use of any Instacoins trademarks without our express written consent is strictly forbidden you may not replicate, imitate or use them without permission.

By accepting these Terms of Use you recognize and accept that nothing in this contract allows you to allocate any rights and licenses given to you under these Terms of Use. Instacoins reserves the right to allocate our rights without limitation to Instacoins associates or partners or to any heir. Any attempted exchange or assignment in breach hereof shall be considered null and void.

Access and Website Accuracy

Access to the Instacoins Website is offered free of charge. All services are offered without warranty, either express or implied. Instacoins makes no guarantees whatsoever that our Website will always be available without interruption. We make no guarantees whatsoever that any defects will be corrected, or that the Website/Service that we make available are free of viruses and glitches or represent the complete functionality of the Website, or as to the accuracy and reliability of any data acquired by you by way of the Website.

Accessibility to our Website is authorized on a temporary basis. We may suspend, withdraw, eliminate, or modify all or any part of our Website without any advance notice. Instacoins will not be held liable if for any reason our Website is inaccessible at any time or for any time period.

We will work to make sure that the Website can be used by you in accordance with these Terms of Use. We may pause access to the Website for routine maintenance and will make fair efforts to serve notice. You accept that this might not be possible in instances of an unexpected emergency.

We will work to supply you with the Services as quickly as possible but there is no guarantee that access to the Website will not be disrupted, or that there will be no problems, glitches, omissions or loss of information.

You are responsible for taking all measures required for you to gain access to our Website.

You agree to use the Website only for your own personal (non-commercial) use only and are not allowed to provide access to or recreate the Website in whole or part in any form without our express written consent.

By accepting these Terms, you accept and acknowledge that you should verify all details from the Website before relying upon it. Instacoins maintains no liability or responsibility for choices and courses of action centered solely or partly on details from the Website or information, material and services of a third-party which is connected or is accessible from our Website.

Privacy

As part of our daily business operations, we collect personal information from our clients and prospective clients in order to provide them with our products and services, and ensure that we can meet their needs when providing these products and services, as well as when providing them with any respective information.

Your privacy is of utmost importance to us, and it is our policy to safeguard and respect the confidentiality of information and the privacy of individuals. Kindly visit the Privacy Notice for more information.

Prohibited and/or Illegal Activity

As a condition of your use of Instacoins Services, you agree that you will not participate in any prohibited and/or illegal activities. Instacoins reserves the right to observe, examine, retain and to disclose any information and data as is necessary or we consider necessary to satisfy any related law, regulating system, governmental order or our central policies and will do so in compliance with our Privacy Notice.

We retain the right to instantly and without notice, lock up funds, block all transactions and to terminate or suspend your account and any such other restricted action that we in our sole discretion consider to be reasonably necessary, if we deduce, in our sole discernment, that your account is affiliated with any prohibited and/or illegal activity.

When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:

1. Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
2. Use our Services to pay for, support or otherwise engage in any illegal gambling activities; fraud; money-laundering; or terrorist activities; or other illegal activities;
3. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
4. Use or attempt to use another user's account without authorization;
5. Attempt to circumvent any content filtering techniques we employ, or attempt to access any Services that you are not authorized to access;
6. Develop any third-party applications that interact with our Services without our prior written consent;
7. Provide false, inaccurate, or misleading information; or
8. Encourage or induce any third party to engage in any of the activities prohibited under this Section.

Purchase Limits

The use of the Instacoins Service may be subject to minimum and maximum purchase limitations.

Your transaction limits may vary depending on, but not limited to your payment method and your account verification status. To check your limits, please consult the appropriate tab on your Instacoins profile.

Instacoins retains the right to modify any transaction limits as we consider necessary in our sole discretion. If you would like to raise your limits, contact us and ask for an account evaluation, or use the “Request Limit Review” function from your account.

Instacoins may, in our sole discretion decline any request to increase limits and may lower limits notwithstanding completion of the account verification process.

Account Suspension, Deactivation & Cancellation

Instacoins may suspend, deactivate and/or cancel your account with us in the event:

1. We are required to do so by laws, court order, executed regulatory or governmental order;
2. Instacoins in its sole discretion suspects that your account is being used to participate in any prohibited and/or illegal activity;
3. You are found violation our Terms of Use or your actions pose risks to our integrity and reputation.

By accepting these Terms, you accept that our determination to take any such required restrictive measures will not ensure you notice or any clarification of any Instacoins internal policies or practices.

Complaints Policy

Should you have any questions where you wish to file a formal complaint, please contact us via our Contact Us page or via our Live Chat.

Any dispute in the course of business which is not explicitly covered in our Terms of Use will be governed by the laws of the relevant and applicable jurisdiction, in accordance with the Instacoins Company which you have transacted with.

Limitation and Indemnification

By accepting these Terms, you recognize, accept and agree with the fact that there shall be no such occurrence by which Instacoins will be held liable for any amount which is greater than the total amount of funds related to a specific transaction.

By accepting these Terms, you recognize, accept and consent that any claim, be it direct, consequential, contractual, negligent or any such claim stemming from the use of Instacoins Services, your damages are restricted to the total value of the Legal Tender funds at the time of the exchange. You may not recover estimated, consequential or incidental losses.

Instacoins makes no representations or guarantees pertaining to the time-frame required to process any purchases which are reliant upon external processors such as banks or external Blockchains (virtual networks) that are not within our control. Instacoins retains no responsibility or liability for any such operational fault and failing,including, but not limited to substantial delays and the total failure of any such transaction which is the outcome of events not within our control.

You agree to defend, indemnify and hold harmless Instacoins (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to:

1. your use of, or conduct in connection with, our Services;
2. any Feedback you provide;
3. your violation of these Terms; or
4. your violation of any rights of any other person or entity.

If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.

Sales, Mergers and Restructuring

In the event that Instacoins is purchased by or merges with a third-party, we expressly reserve the right to allocate all or parts of the pertinent information we have obtained from you as part of any such change of business control.

Jurisdictions and Applicable Law

In the event any part of these Terms of Use shall be identified as invalid or not enforceable under any rule, law or regulation, the stipulation in question may be modified to be interpreted with the purpose to achieve the original requirements of the stipulation to the furthest extent possible under any relevant law.

Legal action under these terms and conditions can only be brought in the courts of the applicable jurisdiction to you, as first stated in these Terms (or in the courts of any EU Member State where you reside).

If these terms and conditions are translated into another language, the translation is for reference only and the English version will apply. By entering into this agreement and accepting Instacoins services, you confirm that you understand English language and agree to communicate with Instacoins in the English language as far as the legal relations arising under this agreement are concerned, including with respect to submitting and resolving any complaints.

If you have broken the agreement between you and us and we don’t enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date.

Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

You and Instacoins agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Instacoins agree to notify each other in writing of any dispute within thirty (30) days of when it arises.

Notice to Instacoins shall be sent to legal@instacoins.com . You and Instacoins further agree:

1. to attempt informal resolution prior to any demand for arbitration;
2. that any arbitration will occur in the jurisdiction within which these terms are governed by, as previously explained herein;
3. that arbitration will be conducted confidentially by a single arbitrator
4. that the state or federal courts have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State therein, or country, respectively, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and Instacoins will not commence against the other a class action, class arbitration or representative action or proceeding.

Electronic Notices

Consent to Electronic Delivery

You agree to receive electronically all communications, agreements, documents, receipts, notices, tax forms (e.g. all forms of IRS Form 1099, including 1099-MISC, 1099-B, 1099-K, 1099-INT, 1099-NEC), and disclosures (collectively, "Communications") that Instacoins provides in connection with your Instacoins Account and/or use of the Instacoins Services. You agree that Instacoins may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier's normal, messaging, data and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us through support to request additional electronic copies of Communications or, for a fee, paper copies of Communications.

Hardware and Software Requirements

In order to access and retain electronic Communications, you will need a computer with an Internet connection that has a current web browser with cookies enabled and 128-bit encryption. For certain Communications, we’ll need to send to you, you will also need software to view PDF files. You will also need to have a current and valid email address and mobile phone number on file with Instacoins and have sufficient storage space to save past Communications or an installed printer to print them.

Withdrawal of Consent

You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to support. If you decline or withdraw consent to receive electronic Communications, Instacoins may suspend or terminate your use of the Services. Additionally, any withdrawal of consent to receive electronic Communications shall act as your affirmation that your street address on file is current and up-to-date, and any Communications we are required to provide to you may be sent in paper form to that physical address. Unsubscribe requests may take up to 10 business days to process from the date the request is received.

Updating Contact Information

It is your responsibility to keep your email address, mobile phone number, and street address on file with Instacoins up to date so that Instacoins can communicate with you electronically. You understand and agree that if Instacoins sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect or out of date, our ability to contact you at the email address and/or mobile phone number is blocked by your service provider, or you are otherwise unable to receive electronic Communications, Instacoins will be deemed to have provided the Communication to you whether or not you actually received the Communication. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add Instacoins to your email address book so that you will be able to receive the Communications we send to you. You can update your email address, mobile phone number or street address at any time by logging into your Instacoins Account. If your email address or mobile phone number becomes invalid such that electronic Communications sent to you by Instacoins are returned, Instacoins may deem your account to be inactive, and you may not be able to complete any transaction via our Services until we receive a valid, working email address or mobile phone number from you.

Unclaimed Property

If for any reason Instacoins is holding Assets in your Instacoins Account on your behalf, and Instacoins is unable to return your Assets to your designated External Account after a period of inactivity, then Instacoins may report and remit such Assets in accordance with applicable state unclaimed property laws.

Miscellaneous

Entire Agreement; Order of Precedence

These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services. These Terms do not alter the terms or conditions of any other electronic or written agreement you may have with Instacoins for the Services or for any other Instacoins product or service or otherwise.

Amendment

We reserve the right to make changes or modifications to these Terms from time to time, in our sole discretion, by posting the amended Terms via the applicable Instacoins websites and mobile applications or by communicating these changes through any written or other contact method we have established with you and updating the "Last Updated" date at the top of these Terms. The amended Terms will be effective immediately thereafter and your use of the Services following the date on which such amended Terms are published will constitute consent to such amendments.

Waiver

Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.

Severability

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

Force Majeure Events

Instacoins shall not be liable for:

1. any inaccuracy, error, delay in, or omission of (i) any information, or (ii) the transmission or delivery of information;
2. any loss or damage arising from any event beyond Instacoins’ reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond Instacoins’ reasonable control (each, a "Force Majeure Event").

Assignment

You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Instacoins, including by operation of law or in connection with any change of control. Instacoins may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

Headings

Headings of sections are for convenience only and shall not be used to limit or construe such sections.

Survival

Certain sections of these Terms shall survive any termination or expiration of these Terms.

Sanctions and Export Control

Unless authorized or exempt from regulation, the Services may not be used to deposit, withdraw or conduct trades or transactions in assets or to engage in any other service by or with:

1. an entity or individual located, organized or resident in a sanctioned jurisdiction;
2. an entity or individual on the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List (“SDN List”) or Consolidated Non-SDN Lists available here, the United Nations (“UN”) Security Council Consolidated List, or regional or foreign government watchlists; or
3. an entity directly or indirectly owned or controlled by any person located, organized or resident in a sanctioned jurisdiction or any person listed on the SDN List, Consolidated Non-SDN Lists, the UN Security Council Consolidated List, or regional or foreign government watchlists.

Instacoins will hold, reject or block (as appropriate) any deposit, withdrawal, trade or transaction involving sanctioned jurisdictions or persons on the SDN List, Consolidated Non-SDN Lists, UN Security Council Consolidated List, or regional or foreign government watchlists or persons otherwise subject to sanctions. We reserve the right to lock, disable and/or close accounts under review for sanctions compliance violations.

By using Instacoins software, you represent and warrant that you are not located in an embargoed country or jurisdiction or on the Office of Foreign Assets Control’s SDN List or the U.S. Department of Commerce’s Entity List. You also agree that Instacoins software will not be used, exported, reexported or transferred for any purpose prohibited by U.S. or local export or import control laws and regulations.

Trademarks, Copyrights and Other Intellectual Property Rights

"Instacoins," the Instacoins logo and any other Instacoins product or service names, logos or slogans that may appear on our Services are trademarks of Instacoins and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of Instacoins without our prior written permission, including without limitation any metatags or other "hidden text" utilizing any trademark, product or service name of Instacoins. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Instacoins and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned or displayed through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

The Services and all elements thereof, including, without limitation, their “look and feel”, the Instacoins and Instacoins logos and all designs, text, graphics, pictures, information, data, software, sound files, other files, content and materials, and the selection and arrangement thereof (collectively, "Instacoins Materials") are the property of Instacoins or our licensors or suppliers and are protected by both U.S. and international intellectual property rights laws.

Subject to your compliance at all times with these Terms, we hereby grant you a limited, revocable, nonexclusive and non-sublicensable license to access and use, solely on the Services, the Instacoins Materials for your personal or internal business use of the Services.

Such license is subject to these Terms and does not permit:

1. any resale of the Instacoins Materials;
2. the distribution, public performance or public display of any Instacoins Materials;
3. modifying or otherwise making any derivative uses of the Instacoins Materials, or any portion thereof; or
4. any use of the Instacoins Materials other than for their intended purposes.

The license granted under this section will automatically terminate if we suspend or terminate your access to the Services. All rights not expressly granted to you under these Terms are reserved to Instacoins or our applicable licensor(s) or supplier(s), as applicable.

Third-Party Content

In using our Services, you may view content provided by third parties, including links to web pages of such parties ("Third-Party Content"). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.

Suspension; Termination

In the event of any Force Majeure Event, breach of these Terms, or any other event that would make provision of the Services commercially unreasonable for Instacoins, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your Instacoins Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any of these Terms. In the event of termination, Instacoins will attempt to return any Assets stored in your Instacoins Account not otherwise owed to Instacoins, unless Instacoins believes you have committed fraud, negligence or other misconduct.

Discontinuance of Services

We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN THESE TERMS, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.

YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.

Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

Disclaimer

By accepting these Terms, you recognize, accept and consent that in any claim, be it direct, consequential, contractual, negligent or any such claim stemming from the use of Instacoins’ Services, your damages are restricted to the total value of the funds at the time of the exchange. You may not recover estimated, consequential or incidental losses.

Instacoins makes no representations or guarantees pertaining to the period required to process any purchases that are reliant upon external processors (such as banks) that are not within our control. Instacoins retains no responsibility or liability for any such operational fault and failing, including, but not limited to substantial delays and the total failure of any such transaction that is an outcome of events beyond our control.

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Instacoins, its affiliates and its respective directors, officers and employees from and against any third-party claims, actions, suits or proceedings, as well as any losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from:

• your use of the Instacoins API or your Instacoins Account other than as expected under these Terms or in violation of thereof;
• your application that infringes any copyright, trademark, trade secret, trade dress, patent or third party right of any person or that defames any person or violates their rights of publicity or privacy; or
• your failure to secure and keep secret your password, 2FA codes, account information or API key(s).

Jurisdiction-specific Legal Disclosures

Instacoins maintains licenses and registrations in certain jurisdictions to provide you our Services. These licenses or registrations may impact our provision and your use of our Services depending on where you live or are domiciled. Information regarding certain of Instacoins’ licenses and registrations, or lack thereof, and corresponding disclosures can be found above. By creating a Instacoins account, you acknowledge that you have read, understand and agree to those disclosures that are applicable to you.

PLEASE READ THESE LEGAL DISCLOSURES CAREFULLY. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE DISCLOSURES.

Not Investment Advice

The information about Cryptocurrencies on any Instacoins website, e-mails, or any other communications is for general information purposes only. Instacoins does not provide investment, tax, or legal advice, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance. The information should not be construed as a recommendation or solicitation to buy, sell, stake, or hold any Cryptocurrency or to open an account or engage in any specific trading strategy. You should consult your financial advisor, or legal or tax professional regarding your specific situation and financial condition and carefully consider whether transaction or holding Cryptocurrencies is suitable for you.

No Insurance

Cryptocurrencies and Instacoins accounts are not covered by insurance against losses. They are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections in the United States or the protections of any comparable organisation anywhere in the rest of the world.

Limitation of Liability

EXCEPT AS OTHERWISE REQUIRED BY LAW, IN NO EVENT SHALL INSTACOINS, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES OR THE INSTACOINS MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM INSTACOINS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO INSTACOINS’ RECORDS, PROGRAMS OR SERVICES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF INSTACOINS (INCLUDING OUR DIRECTORS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO INSTACOINS FOR THE APPLICABLE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.