These Terms govern access to and use of the InstaSettle platform, dashboard, API, plugin, checkout tools, and related software services. By using the Services, you agree to these Terms.
By accessing or using the InstaSettle Services, you agree to be bound by these Terms of Service. If you use the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and the term Merchant refers to that entity.
InstaSettle provides software, API, dashboard, plugin, checkout, and related technology services only.
InstaSettle is not the merchant of record for transactions between Merchant and its customers. InstaSettle is not a bank, money transmitter, acquiring bank, payment processor, card network, or other financial institution.
InstaSettle does not receive, hold, custody, control, or transmit customer funds on behalf of Merchant.
Payment acceptance, authorization, settlement, payout, conversion, and related payment functions are performed by third-party providers, gateways, processors, and related service providers. Those providers, and not InstaSettle, are responsible for payment processing and settlement functions.
Merchant understands that use of third-party providers may be subject to separate terms, fees, underwriting rules, risk controls, or compliance obligations imposed by those providers.
Merchant is solely responsible for its products, services, pricing, marketing, customer communications, fulfillment, shipping, returns, refunds, taxes, compliance obligations, and all disputes with customers.
Merchant is solely responsible for what its customers purchase and for all consequences arising from those purchases.
Merchant may not use the Services in connection with unlawful, deceptive, fraudulent, abusive, infringing, harmful, or otherwise prohibited activity, or for products or services that violate applicable law, third-party provider rules, or InstaSettle policies.
InstaSettle may suspend, restrict, or terminate access to the Services at any time if it believes Merchant presents legal, regulatory, reputational, operational, network, or financial risk.
InstaSettle does not review, approve, endorse, inspect, monitor, guarantee, or assume responsibility for Merchant products, services, claims, marketing, fulfillment, shipping, legality, safety, or compliance.
To the maximum extent permitted by law, InstaSettle disclaims responsibility and liability for the nature, quality, legality, safety, delivery, refundability, or compliance of any goods or services sold by Merchant through use of the Services.
Merchant agrees to pay all fees charged by InstaSettle for use of the Services, if any. Third-party processing fees, conversion fees, settlement fees, network fees, and similar charges are separate and are determined by the applicable third party, not InstaSettle.
InstaSettle retains all right, title, and interest in and to the Services, including all software, APIs, code, designs, branding, documentation, and related intellectual property. Merchant receives only a limited, revocable right to use the Services in accordance with these Terms.
InstaSettle may suspend or terminate Merchant's access to the Services immediately, with or without notice, if Merchant breaches these Terms, presents risk to InstaSettle or third parties, or if suspension or termination is required by law, policy, or provider requirements.
Merchant will defend, indemnify, and hold harmless InstaSettle and its affiliates, officers, directors, employees, contractors, licensors, service providers, agents, successors, and assigns from and against any claims, demands, actions, investigations, proceedings, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSTASETTLE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SUITABLE FOR MERCHANT'S PARTICULAR BUSINESS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSTASETTLE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSTASETTLE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS PAID BY MERCHANT TO INSTASETTLE DURING THE THREE MONTHS PRECEDING THE CLAIM OR US $100.
InstaSettle may update these Terms from time to time. Updated Terms become effective upon posting or on the later effective date stated in the updated version. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.
Questions about these Terms may be sent through the InstaSettle merchant dashboard or by using the contact details published on instasettle.net.