Terms & Conditions

Instacoins Regulatory Licenses

Instacoins Europe EOOD is registered in Bulgaria at Office 1, Tsar Boris III Blvd 63, 1612 Hipodruma, 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.

Agreement and Consent

By signing up to create an Instacoins account via www.instacoins.com (“the Website”) or any other mobile applications or API, you acknowledge that you have read through, understood and have agreed upon all of these Terms & Conditions (“Terms”, “Terms of Use” or “Terms & Conditions”), as well as our Privacy Policy and Prohibited Activities. If you do not fully agree to these Terms, you must not use the Website, any other mobile applications or API.

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.

Preamble

The services operated by Instacoins permits users to purchase Virtual Currency or Virtual Assets (“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’S SERVICES, PRODUCTS AND/OR CONTENT.

Interpretation

All terms and conditions within these Terms of Use are to be strictly defined and interpreted according to the British/English language.

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

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 Criteria

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 Virtual Currency 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).

Your Instacoins 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.

Custody Fee

Instacoins acts as a temporary 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:

(a) 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.

(b) 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.

(d) There will be no fees levied should the user’s cryptocurrency balance be zero.

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 of Use, 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.

Instacoins does not charge an explicit fee but uses its own Exchange Rate. 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 fiat 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.

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 Fiat 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.

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 fiat currency in advance from its clients), should the amount of fiat currency received be less than such minimum volume or minimum size threshold, Instacoins will not process the transaction and will not exchange such fiat 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 Fiat currency to reach the minimum transaction size. Additionally, you will have to pay an administrative fee of one hundred Euro/Pounds Sterling/US Dollars (EUR/GBP/USD 100), or the equivalent of one hundred Euro (EUR 100) in any other currency. Should you have made the wire in error, no longer intend to purchase cryptocurrency or otherwise choose to request the Fiat currency back, we will levy an additional processing fee of one hundred Euro/Pounds Sterling/US Dollars (EUR/GBP/USD 100), or the equivalent of one hundred Euro (EUR 100) 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 Fiat 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 Fiat 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 fiat. Foreign exchange charges may also apply.

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

Please note Skrill/Neteller is not available for clients located in the United States of America. Attempts to use this payment method by individuals located in the United States of America are not covered by this Policy and any associated risk or consequence will be borne by the client.

Open Banking Payments

Funding your account via open banking from third parties should be avoided. You should always fund your Instacoins account from a Revolut or Wise account you control. In the event we receive funds on your behalf from third parties we reserve the right to deny any eventual refund requests.

These payment methods may not be available in all currencies and/or countries. Please consult our FAQs and support materials for the latest information.

If we billed your Revolut or Wise account but have not delivered Bitcoin to your account, please get in touch with our Support team.

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 Licence

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, licence 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 licences 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.

GDPR Compliance Statement

Instacoins respects and complies with the EU General Data Protection Regulations (GDPR). Some of the key ways we comply with these regulations are:

Consent

We explain what you’re consenting to clearly and without ‘legalese’, and ask that you explicitly consent to contact from us.

Breach Notification

In the event of a breach we will notify affected users within 72 hours of first having become aware of the breach.

Right to Access

Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, free of charge, in an electronic format.

Right to be Forgotten

Once we have compared your (the subjects’) rights to “the public interest in the availability of the data”, we may delete your personal data where you have requested this. We are however required, by law, to store your data for five (5) years.

Data Portability

We allow you to receive the personal data concerning you, which we will provide in a ‘commonly used and machine readable format’ and you have the right to transmit that data to another ‘controller’.

Privacy by Design

We implement appropriate technical and organisational measures, in an effective way, in order to meet the requirements of this Regulation and protect the rights of data subjects’. We hold and process only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.

Consent to the Recording of Phone Calls

You agree and consent to the electronic recording of any telephone conversations with Instacoins, without the use of a warning message and the use and admissibility of any such recording as evidence in any dispute which may arise between yourself, or a party representing yourself and Instacoins.

In accordance with our normal record-keeping practices we may dispose of any recording or transcript which we have made of any telephone conversation between you and Instacoins.

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 Policy.

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.

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 and Cancellation

Instacoins may suspend, deactivate and/or cancel your account with us in the event;
We are required to do so by laws, court order, executed regulatory or governmental order;
Instacoins in our sole discretion suspects that your account is being used to participate in any prohibited and/or illegal activity;
At our sole discretion you are found violation our Terms of Use or your actions pose risks to our integrity and reputation.
By accepting these Terms of Use, 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 of Use, 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 of Use, 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 fiat 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.

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 Governing 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.

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).