Terms of Service

Part A

Terms of Use

1. Introduction

1.1

These Terms of Service (“Terms”) govern your access to and use of the services of Instaramp Fintech Private Limited, a company incorporated in India under the Companies Act, 2013, with Corporate Identity Number U66190KA2025PTC210950 and its office at No. 120, K No. 311, Begur Hobli, Nyanappanahalli Village, Hulimavu, Bangalore South, Bengaluru, Karnataka, 560076, India (“Company”, “We”, “Us” or “Our”). The term “Company” includes its operators, partners, licensees, successors, subsidiaries and affiliates.

1.2

The Company provides the Services through the Instaramp platform at www.instaramp.xyz, its associated mobile and software applications, and any partner platform through which the Company makes the Services available (collectively, the “Online Platforms”).

1.3

When you access or use the Services through the Online Platforms, you agree to be bound by these Terms. We may modify these Terms at any time, without prior notice to you. Your continued use of the Online Platforms is your acceptance of the revised Terms.

YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS IN DIGITAL ASSETS AND THEIR DERIVATIVES; (2) YOU ASSUME ALL RISKS RELATED TO SUCH TRANSACTIONS; AND (3) THE COMPANY IS NOT LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.

1.4

You must read these Terms together with the following policies of the Company. Each policy forms part of these Terms:

  1. the Privacy Policy, which governs the collection, processing, storage and protection of Personal Data; and
  2. the Anti-Money Laundering and Know Your Customer Policy (“AML Policy”), which sets out the identity verification of Users and the procedures for the identification and reporting of prohibited or illegal activities.
1.5

These Terms have three Parts. Part A sets out the general terms of use of the Services. Part B sets out how the Company handles unauthorised transactions, fraud, refunds and chargebacks. Part C sets out the governing law, the dispute resolution process and the contact details of the Company.

2. Definitions

2.1

In these Terms, the following words have the meanings given below:

  1. “Content” means any information, text, graphics or other material that the Company or a User uploads, and that is accessible on the Online Platforms.
  2. “Digital Assets” means cryptocurrencies, including but not limited to Bitcoin, Litecoin, Ethereum and XRP, and proprietary coins and tokens, including stablecoins and Non-Fungible Tokens. Digital Assets include virtual digital assets as defined in Section 2(47A) of the Income-tax Act, 1961.
  3. “External Wallet” means a digital asset wallet address, outside the Online Platforms, that a User owns and controls, and to or from which Digital Assets move in an On-Ramp or Off-Ramp transaction.
  4. “Funds” means Digital Assets or fiat currency, as the case may be.
  5. “INR” means Indian Rupees, the lawful currency of India.
  6. “Licensee, Partner or Operator” means any party that the Company authorises to provide Services, including legal persons, corporate organisations and third-party service providers, and that is responsible for such Services. IN CASE OF A DISPUTE, YOU MUST DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED.
  7. “Linked Bank Account” means a bank account that a User owns and operates with a Scheduled Commercial Bank, and whose details the User provides during account activation.
  8. “Off-Ramp” means the sale by a User of supported Digital Assets, sent from the User’s External Wallet, for INR paid to the User’s Linked Bank Account.
  9. “On-Ramp” means the purchase by a User of supported Digital Assets with INR paid from the User’s Linked Bank Account, for delivery of the Digital Assets to the User’s External Wallet.
  10. “Online Platforms” has the meaning given in Clause 1.2.
  11. “Personal Data” has the meaning given in the Privacy Policy.
  12. “Sanctions Lists” has the meaning given in the AML Policy.
  13. “Services” has the meaning given in Clause 3.2.
  14. “Unhosted Wallet” means an External Wallet that is not hosted by a virtual digital asset service provider, and whose private keys the User holds directly.
  15. “User” means any natural or juristic person who uses the Online Platforms and avails the Services. A User is also referred to as “you” or “your”.

3. Services

3.1

The Company is a technology platform. The Online Platforms allow Users to carry out transactions of their own choice, and any interactions with third-party websites.

3.2

The Online Platforms provide access to the following services (collectively, the “Services”):

  1. On-Ramp: the purchase of supported Digital Assets with INR, for delivery of the Digital Assets to the User’s External Wallet;
  2. Off-Ramp: the sale of supported Digital Assets, sent from the User’s External Wallet, for payment of INR to the User’s Linked Bank Account;
  3. allied services, products or contests related to Digital Assets; and
  4. any other service or product that the Company or its Operator may offer or provide.
3.3

The Company has product-specific terms and guidelines. You must read them together with these Terms. They are available on the Online Platforms. Each transaction starts only on the instruction of the User.

3.4

To process a request or to settle a transaction, the Company may use the services of third-party exchanges, wallet providers or other digital asset service providers. You consent to this. The Company may at any time ask you to provide or sign any document that its policies or applicable law require.

3.5

You must read all product-level FAQs and terms for each product, and for any contest around such products, including the applicable fees, process and timelines for any related rewards.

3.6

We are committed to safeguard the Online Platforms as much as possible. For this reason, we may change the Online Platforms for maintenance at any time. We do not warrant that the Online Platforms will always be available or uninterrupted. We try to keep downtime to a minimum. We are not liable to you for any loss, including any loss due to volatility in the prices of Digital Assets, if the Online Platforms are unavailable at any time or for any period. We may suspend, withdraw, discontinue or change all or any part of the Online Platforms without notice.

3.7

You must not:

  1. circumvent, remove, degrade, deactivate or thwart any content of the Services;
  2. use any robot, spider, scraper or other means to access the Services;
  3. decompile, reverse engineer or disassemble any software, product or process that is accessible through the Services; or
  4. upload, post, email or otherwise transmit any material designed to interrupt, destroy or limit the functionality of the Services.

We may terminate or restrict your use of the Services if you violate these Terms or use the Services for any illegal or fraudulent purpose.

3.8

Laws in some countries restrict the products and services that the Company can lawfully provide. For this reason, some products and services may not be available in certain jurisdictions or regions, or to certain Users. You are responsible to know and comply with the restrictions and requirements that apply to your access to and use of the Online Platforms and the Services in each country from which you access them.

4. Non-Custodial Model

4.1

The Company is a non-custodial on-ramp and off-ramp platform. The Company does not hold, store or keep custody of any Digital Assets or fiat currency for or on behalf of any User.

4.2

The Company does not provide a wallet, stored-value account, deposit account or balance of any kind to a User. The Company does not keep any User balance in Digital Assets or INR.

4.3

On-Ramp settlement. After the Company receives the INR payment from the User’s Linked Bank Account, the Company transfers the purchased Digital Assets directly to the External Wallet that the User specifies.

4.4

Off-Ramp settlement. After the Company receives the Digital Assets from the User’s External Wallet, the Company pays the INR amount directly to the User’s Linked Bank Account.

4.5

The Company uses the Funds that it receives from a User only to complete the transaction that the User instructs. If the Company cannot complete a transaction, the Company returns the Funds to their source, subject to Clause 14.3 and applicable law.

4.6

The User alone controls the External Wallet and its private keys. The Company does not have access to, or control over, any External Wallet.

4.7

The User owns the Digital Assets in the User’s External Wallet at all times. The Company does not record such Digital Assets in its books of accounts as its assets.

5. External Wallets

5.1

You must give the address of an External Wallet that you own and control. Before the Company accepts a transaction, the Company may ask you to verify that you own and operate the External Wallet. Each transaction that you start is deemed to be made on your instructions, at your discretion and with your valid consent.

5.2

If a third-party custody service provider provides your External Wallet, the terms, cyber security norms and data protection norms of that provider apply to you. You must familiarise yourself with them. The Company is not liable for any loss caused to you by a fault or malfunction in the services of such provider.

5.3

You must not transfer, or attempt to transfer, any Digital Asset, or use any blockchain network, that the Online Platforms do not support. The Company is not liable for any loss that you suffer from such an attempt.

5.4

You are responsible to give the correct External Wallet address, network and any memo or tag. Transfers of Digital Assets on a blockchain are irreversible. The Company is not liable for any loss from an incorrect address, network, memo or tag that you give.

5.5

The Company screens every External Wallet address and every transaction against the Sanctions Lists and through blockchain analytics. The Company does not complete a transaction until such screening is complete. The Company may decline a transaction that involves a high-risk or sanctioned address, as set out in the AML Policy.

5.6

If a virtual digital asset service provider hosts your External Wallet, the Company will obtain, hold and exchange with that provider the originator and beneficiary information that the Travel Rule under the Prevention of Money-laundering (Maintenance of Records) Rules, 2005 and the guidelines of the Financial Intelligence Unit – India (“FIU-IND”) require. You must give the Company the information that it asks for this purpose.

5.7

If your External Wallet is an Unhosted Wallet, you must prove that you own and control it. The Company may apply enhanced checks to transactions with an Unhosted Wallet, and may limit, restrict or decline them. The Company may apply the same measures to transactions with a wallet hosted by a virtual digital asset service provider that is not registered with FIU-IND.

5.8

The Company does not support anonymity-enhancing crypto tokens, or any Digital Asset designed to conceal or obscure the origin, ownership or value of transactions. You must not use the Services for any transaction that involves such tokens, or crypto mixers, tumblers or other anonymity-enhancing services. The Company will not facilitate such transactions.

6. User Account

6.1

You can register for the Services directly or through a partnered Online Platform. Such registration information forms part of your account information (“Account Information”). When you register, the Company creates an account with your details. To access any Service, you must activate your account (“User Account”). To activate it, you must complete the Know Your Customer (“KYC”) identity verification process and the other requirements of the user journey, as per the Company’s policy and applicable law.

6.2

As part of KYC, the Company collects the information that the AML Policy and the FIU-IND guidelines require. This includes your Permanent Account Number (PAN), an identity document, your contact details, your occupation and income range, a selfie with liveness detection, and the location of your onboarding. The Company verifies your mobile number and email ID by one-time password (OTP) or link, and your Linked Bank Account by a penny-drop verification.

6.3

You are responsible to safeguard your User Account. You must not disclose your password to any third party. You are solely responsible for all activities or actions under your password, whether or not you authorised them. You must immediately notify us at compliance@instaramp.xyz of any unauthorised use of your password or User Account. You must not use a false identity, impersonate any other person, or use a username or password that you are not authorised to use.

6.4

You represent and warrant that:

  1. you are competent to contract, which means:
    1. if you are an individual, you are over eighteen (18) years of age or have attained the age of majority under applicable law; or
    2. if you register on behalf of an entity, you are authorised to bind the entity to these Terms and to register for the Services, under applicable law, including the laws of the jurisdiction in which the entity is resident;
  2. you are not included in any Sanctions List;
  3. the Company has not suspended or terminated your membership for any reason;
  4. you are not a Politically Exposed Person, as defined in the AML Policy; and
  5. your use of the Services will not violate any law or regulation that applies to you.

The Company may at any time ask you to submit or sign any document that applicable law requires in relation to these Terms.

6.5

If you are a legal entity, or if you represent a legal entity, you must inform the Company so that the relevant requirements are complied with. You must not use the Services for resale or commercial purposes, including transactions on behalf of other persons or entities.

6.6

You must promptly inform the Company of any change in the information or documents that you gave for KYC, including if you become a Politically Exposed Person, and submit the updated information or documents.

6.7

The Company periodically updates the KYC of its Users, as the AML Policy sets out. If you do not complete the KYC updation when it is due, the Company may suspend your User Account until you complete it, and may close your User Account after due notice to you.

6.8

If we change the eligibility criteria for the Services and you no longer meet them, we may close your User Account without any liability to you. You are solely responsible to comply with these Terms and with all laws, rules and regulations that apply to you. We are not liable for any loss or other consequence of unauthorised use of your User Account.

7. User Representations, Covenants and Obligations

7.1

You must use the Online Platforms and the Services only for legal purposes. Your activity on our systems must comply with applicable laws.

7.2

You must comply with all obligations in these Terms.

7.3

Under the economic sanctions programmes that any country, government or international authority administers or enforces, including the Government of India (under the Unlawful Activities (Prevention) Act, 1967 and the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005), the Office of Foreign Assets Control of the US Department of the Treasury, the US Department of State, the United Nations Security Council, the European Union, His Majesty’s Treasury, the Hong Kong Monetary Authority and the Monetary Authority of Singapore, we must not provide services to, or enter into relationships with, certain individuals and institutions. If a sanctions programme, or a similar government programme, requires us to block a transaction or Funds connected with your User Account, External Wallet or Linked Bank Account, we may:

  1. suspend your User Account;
  2. terminate your User Account; or
  3. decline or hold the transaction, or the Funds connected with it, as the programme or the competent authority requires.

We are not responsible for any loss, direct or indirect, that you may incur because we comply with applicable laws, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant or other legal order.

7.4

You are solely responsible to create and maintain all Content in your User Account.

7.5

You are responsible to safeguard your Account Information and for all activities or actions under your User Account. We encourage you to use a strong password, with a combination of upper-case and lower-case letters, numbers and symbols. The Company is not liable for any loss or damage from your failure to follow this instruction.

7.6

You must give us only true and accurate information, including identification documents.

7.7

You must not cancel a transaction after you confirm it. If a transaction is completed only in part, we may, at our sole discretion, permit cancellation of the part that is not completed. All transactions are irreversible once executed.

7.8

You are solely responsible to determine your tax liability for transactions in Digital Assets under applicable laws.

7.9

The prices of Digital Assets are very volatile and change frequently. The actual market rate at which a transaction is executed may vary.

7.10

We may suspend the Services if an adverse event occurs. The Online Platforms and the Services are available through the internet. For this reason, changes in internet availability can affect them.

7.11

We do not control the underlying technology that governs the mining, creation or sale of any Digital Asset. The Company does not control the market price, circulation or volatility of any Digital Asset. Each contract for the sale of a Digital Asset is a strictly bipartite contract between the seller and the buyer.

8. Fees and Taxes

8.1

Each transaction that the Company executes is subject to a fee (“Transaction Fee”). The Transaction Fee for each transaction is as set out in the Fee Schedule on the Online Platforms.

8.2

We may offer additional payment transfer methods in the future. We will make them available to you through the Online Platforms when they are operational.

8.3

When you make a payment to the Company, the terms and conditions of your bank or payment service provider apply to you. You must raise any issue about a funds transfer only with your bank or payment service provider.

8.4

You are responsible to pay all taxes that apply to your transactions in Digital Assets through the Online Platforms or the Services to the appropriate tax authority under applicable laws. If applicable law requires us to deduct any tax, we will deduct it as per that law.

8.5

The Company will deduct and deposit tax at source on the transfer of Digital Assets where applicable law requires, including under Section 194S of the Income-tax Act, 1961, read with Circular No. 13 of 2022 dated 22 June 2022 of the Central Board of Direct Taxes, or under the corresponding provisions of any law that replaces them.

9. Intellectual Property Rights

9.1

Unless otherwise specified, the Company validly owns or licenses all Content on the Online Platforms. Such Content is protected under applicable copyright, trademark, design and other laws. All logos, trademarks and service marks of the Company and others on the Online Platforms (“Trademarks”) are validly owned by, or licensed to, the Company and their respective owners. You must not copy, imitate or use them without our prior written consent.

9.2

The Online Platforms may include third-party intellectual property, including software used to create or distribute Digital Assets. The Company operates these services and properties under valid and effective contractual arrangements. Those arrangements bind the Company and, by extension, you. You receive only a limited licence to use, access and download the Online Platforms and the Services for your personal and non-commercial use. Any commercial use requires a licence negotiated with the Company.

10. Website Information

10.1

The Content on the Online Platforms is for general information only. It is not investment advice. You may seek professional advice from persons who are skilled and licensed to advise you on the services that we offer. We act only as a technology enabler.

10.2

You are solely responsible to determine whether any investment, investment strategy or related transaction is appropriate for you, based on your investment objectives, financial circumstances and risk tolerance, and any guidance that you receive from external sources.

11. Disclaimer and Limitation of Liability

11.1

You expressly acknowledge and agree that you use the Services and the Online Platforms at your sole risk. The Services and the Online Platforms are provided on an “as is” and “as available” basis. We make best efforts to provide high-quality Services to all Users. However, to the fullest extent that law permits, we expressly disclaim and waive all warranties and conditions of any kind, whether express or implied, including the warranties of merchantability, title, fitness for a particular purpose and non-infringement. We do not warrant that the Services or the Online Platforms will meet your requirements, or that your access to them will be uninterrupted, timely, accurate or reliable. We do not warrant the permanent availability of any information that may be stored or transferred through the Services or the Online Platforms.

11.2

To the maximum extent that law permits, we are not liable in any way for any loss or damage that you suffer through your use of or access to the Online Platforms, or our failure to provide the Online Platforms. Where our liability for negligence, breach of contract or contravention of any law cannot be lawfully excluded, it is limited, at our option, to resupplying the Online Platforms or any part of them to you, or to paying for such resupply.

11.3

Subject to applicable law, the Company and its subsidiaries, affiliates, shareholders, directors, officers, employees, representatives, contractors and suppliers are not liable for any incidental, special, punitive, consequential or similar damages or liabilities arising out of the Services, any performance or non-performance of the Services, or any product that we provide, whether under contract, statute, strict liability or any other theory, even if we have been advised of the possibility of such damages.

11.4

The aggregate liability of the Company (including its subsidiaries, affiliates, shareholders, directors, officers, employees, representatives, contractors and suppliers) to any User must not exceed the fees that the User paid during the six (6) months immediately before the date of the claim. This limit applies to any direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with your use of the Services. This limit does not apply to a reimbursement under Clause 19.1.

11.5

Despite anything to the contrary in these Terms, we are not obliged to make any payment or take any other action under these Terms if we believe in good faith that such action may violate, or contribute to a violation of, any applicable law. We are not liable to you for any claim, loss or damage from our exercise of this right.

12. Indemnification

12.1

To the maximum extent that applicable law permits, you must indemnify and hold harmless the Company, its affiliates, subsidiaries and group companies (as applicable), and their respective officers, directors, agents and employees, from any claim, demand or action, including reasonable attorneys’ fees, made by any third party, and from any penalty imposed, due to, arising out of or relating to:

  1. your use of the Services;
  2. your breach of these Terms; or
  3. your violation of any law, rule or regulation, or of the rights (including intellectual property rights) of a third party.

13. Release and Waiver

13.1

Subject to Clause 19.1, and to the maximum extent that applicable law permits, you release and waive all claims against the Company and its subsidiaries, affiliates, officers, agents, licensors, co-branders, other partners and employees from all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or related to your use of the Online Platforms, the Services, the Content or Digital Assets. You also expressly waive and relinquish all rights and benefits that you may have under any other national, state or common law principle of similar effect, to the fullest extent that law permits.

13.2

If we do not enforce our rights against you, or if we delay to do so, this does not mean that we waive our rights against you. It also does not mean that you do not have to comply with your obligations.

14. Suspension, Termination and Cancellation

14.1

We may suspend, block, cancel or reverse a transaction, or refuse to continue your access to the Online Platforms, even after you have transferred Funds, if we discover that you are in breach of these Terms or applicable law.

14.2

The Company holds no balance for any User. When a User Account is closed, withdrawn, cancelled or deactivated, all charges and liabilities that you owe become payable immediately to us, our subsidiaries or our affiliates. If any charge or liability remains outstanding, we may take action to recover it at our discretion. The Company will complete, or return to source, any transaction that is pending at the time of closure, after it deducts any amount that you owe.

14.3

If the suspension or closure of a User Account arises from fraud, a cyber investigation, an investigation of a violation of applicable law or of these Terms, or a direction of a competent authority, we may hold the Funds of any pending transaction, and keep your User data and information, until the matter is resolved or as the competent authority directs.

14.4

If we must refund any amount, we will refund it only to its source, and only where the amount exceeds the minimum threshold that our internal policy sets.

14.5

The law may prohibit the Company from telling you the reason for a suspension, hold, refusal or report, or the fact that the Company has made a report to FIU-IND or another authority. In such a case, the Company will not tell you the reason.

15. General Terms

15.1

Assignment. You must not assign or transfer any right or obligation under these Terms. Any attempt by you to do so is null and void. We may assign, novate or transfer any or all of our rights and obligations under these Terms, at our sole discretion, to our subsidiaries, affiliates or any other third party without any restriction.

15.2

Force majeure. Network delays, computer system failures and other force majeure events can delay, suspend, terminate or change the execution of the Services. We will use reasonable efforts to keep the Services stable and effective, but we do not promise this.

15.3

Inactivity. If your User Account is inactive for a considerable period of time, we may deactivate it. To reactivate it, you may need to complete the KYC process again.

15.4

Amendments. We may revise these Terms, with or without notice, at any time by amending this page. You should review this page from time to time to take notice of any changes. Changes are binding on you. Your continued use of the Services is your acceptance of the revised Terms. If you do not agree with any part of these Terms or any amendment, you must stop using the Online Platforms and the Services immediately.

15.5

Severability. If any part of these Terms is held invalid or unenforceable, this does not affect the other provisions of these Terms. They remain in full force and effect. The invalid or unenforceable part will be given effect to the greatest extent possible.

Part B

Fraud, Refund and Chargeback

16. Purpose of this Part

16.1

The Company gives priority to the security of User transactions and the protection of User financial information. This Part B explains how the Company handles unauthorised transactions, fraud, refunds and chargebacks. It tells you what to expect when an issue occurs and how we will work together to resolve it.

16.2

This Part B works together with Part A, the Privacy Policy and the AML Policy to give a robust framework for secure Digital Asset transactions.

17. Unauthorised Transactions

17.1

An unauthorised transaction is any transaction on a User Account that the User did not authorise or does not know about.

17.2

An unauthorised transaction can occur through:

  1. account compromise, where a person gains access to the User’s account credentials, such as the username, password or other security information;
  2. phishing, where a person uses deceptive methods, such as fake emails or websites, to trick the User into disclosing the User’s account information; or
  3. other fraud, for example identity theft, where a person uses the User’s personal information to make unauthorised transactions, or other scams that cause financial loss.

18. Reporting an Unauthorised Transaction

18.1

You can report any suspicious activity at any time by email to compliance@instaramp.xyz. Your email must include:

  1. your User Account information;
  2. the transaction details;
  3. screenshots, where available; and
  4. the reason why you believe that the transaction is unauthorised.
18.2

When you report an unauthorised transaction, you will receive a confirmation with a unique complaint number. Use this number to track your case. It also ensures correct documentation of your case in our system.

18.3

Report an unauthorised transaction as soon as possible. Section 25 sets out the time limits that apply.

19. User Liability

19.1

Zero liability. You are not financially responsible for an unauthorised transaction that occurs because of:

  1. a system or security failure at the Company, where our systems were compromised or our security measures did not meet industry standards;
  2. employee misconduct, where inappropriate actions by our staff contributed to the unauthorised transaction; or
  3. a third-party breach beyond control, where a third party’s payment system is breached and neither you nor the Company could have prevented it.

In these cases, the Company takes full responsibility and will reimburse the loss that arises from the unauthorised transaction.

19.2

User liability. You may bear the loss from an unauthorised transaction until you report it, if it occurred because of:

  1. credential sharing, including any intentional or accidental sharing of your password, PIN, one-time password (OTP) or other security information;
  2. poor security practices, for example writing down your login details where others can find them, using a public computer without logging out, or using a password that is easy to guess; or
  3. ignored security recommendations, for example failure to enable two-factor authentication, or failure to act on security alerts from the Company.
19.3

We strongly recommend that you use all available security measures and follow digital security best practices to minimise this risk.

20. Investigation Process

20.1

When you report a suspected unauthorised transaction, we start an investigation to determine what happened and to resolve the matter fairly.

20.2

Information gathering. We collect all relevant details of the transaction, including:

  1. transaction timestamps, amounts and recipients;
  2. device and IP address information;
  3. login history and account activity patterns; and
  4. any additional information that you give us, including the time when you last accessed your User Account legitimately.
20.3

Analysis. Our security team:

  1. reviews account access logs to identify any suspicious patterns;
  2. examines our system security logs for potential vulnerabilities;
  3. compares the reported transaction with your usual transaction behaviour; and
  4. verifies whether the correct authentication methods were used.
20.4

Communication. During the investigation, we will:

  1. give you regular updates on the progress of your case;
  2. tell you about any additional information that we need from you; and
  3. give you realistic timelines for resolution.
20.5

We complete most investigations within seven (7) to ten (10) business days. Complex cases may need more time.

21. Refunds

21.1

Eligibility. After we complete our investigation, we decide refund eligibility based on:

  1. the nature of the unauthorised transaction;
  2. how the transaction occurred;
  3. who bears liability under Section 19; and
  4. whether the transaction was reported within the time limits in Section 25.
21.2

Processing time. If you are eligible for a refund, we will process it within seven (7) business days after we complete our investigation. Complex cases may need more time. If there is a delay, we will give you regular updates.

21.3

Refund method. We will issue a refund to the source of the Funds: INR to your Linked Bank Account, and Digital Assets to the External Wallet from which they were sent. If this is not possible, for example because the source account is closed, we will work with you to find a suitable alternative, subject to the AML Policy.

21.4

Notification. When we process your refund, we will send you an email confirmation that includes:

  1. the refund amount;
  2. the refund method;
  3. the expected time for the Funds to reach you;
  4. a reference number for the refund transaction; and
  5. details of the closure of your case.

22. Chargebacks

22.1

A chargeback is different from our internal refund process. A chargeback occurs when you dispute a transaction through your bank or payment service provider, instead of directly with the Company.

22.2

When you start a chargeback:

  1. your bank or payment service provider notifies the Company of the disputed transaction;
  2. the Company may need to give evidence about the transaction; and
  3. your bank or payment service provider reviews all evidence and makes a decision.
22.3

The following apply to chargebacks:

  1. Provider policies: each bank or payment service provider has its own chargeback procedures and timelines.
  2. Fees: chargebacks usually incur processing fees. If a chargeback is found invalid, these fees may influence how we handle similar situations in the future.
  3. Evidence: both parties present evidence. The Company will submit transaction records, communication logs, IP addresses and other relevant information to support its position.
  4. Time: chargebacks often take longer than our internal refund process. They can take sixty (60) to ninety (90) days, depending on the provider.
22.4

In most cases, if you contact the Company directly before you start a chargeback, the matter is resolved faster and without complications.

23. Security Measures

23.1

The Company uses the following security measures to protect your User Account and transactions from fraud:

  1. Real-time transaction analysis: our systems monitor transactions as they occur, to find unusual patterns or activities that may indicate fraud.
  2. Behavioural analytics: we build profiles of normal User behaviour to find anomalies that may indicate fraud.
  3. Multi-factor authentication: we require verification through more than one method before we complete sensitive transactions or account changes.
  4. Device recognition: our systems recognise the devices that you normally use, and may require additional verification for access from a new device.
  5. IP analysis: a sudden change in location, based on IP address, can trigger a security alert, especially for large transactions.
  6. Geofencing: where the Online Platforms offer this feature, you can restrict the locations from which your User Account can be accessed.
  7. Security audits: we regularly review our security systems to identify and address potential vulnerabilities.
23.2

Together, these measures reduce the risk of fraud and keep the Services convenient for Users.

24. Record Keeping

24.1

The Company keeps complete records of all transactions, including timestamps, amounts, recipients, transaction methods and associated metadata.

24.2

The Company documents and securely stores all communications between you and the Company. These records can help to resolve disputes.

24.3

For each case, the Company keeps records of:

  1. the initial report and all evidence submitted;
  2. the investigation steps taken and the findings;
  3. the decisions made and the reasons for them; and
  4. the resolution actions and outcomes.
24.4

The Company stores all records securely, with encryption and strict access controls, as per the Privacy Policy and the AML Policy.

25. Time Limits

25.1

Priority period (3 days). For maximum protection, report an unauthorised transaction within three (3) days of its occurrence. Early reporting increases the chance to recover Funds and prevents further unauthorised activity.

25.2

Dispute period (60 days). You must start a formal dispute within sixty (60) days from the date of the transaction. After this period, the data retention policies of third-party services may limit our ability to investigate.

25.3

Outer limit (180 days). After approximately six (6) months, it becomes increasingly difficult to collect evidence and recover Funds. Banks and payment service providers often have their own time limits, which can be shorter than this period.

25.4

We recommend that you review your transaction history regularly to identify any issue as early as possible.

26. User Support Commitment

26.1

Response time. We aim to respond to all queries within twenty-four (24) hours. Reports of suspected fraud or unauthorised transactions get priority. Urgent security matters get expedited handling.

26.2

Updates. During any dispute resolution process, we will keep you informed of the status of your case, the next steps and the expected timelines.

26.3

Clear explanations. We will explain technical security concepts in plain language.

26.4

Education. We provide resources on security best practices, and information about emerging threats and scams that target users of Digital Assets.

26.5

Our support team receives specialised training in fraud detection and dispute resolution.

Part C

Governing Law, Disputes and Contact

27. Governing Law and Jurisdiction

27.1

These Terms are governed by and construed in accordance with the laws of India.

27.2

Subject to Section 28, the courts at Bengaluru, Karnataka, India have exclusive jurisdiction over any matter that arises out of or in connection with these Terms.

28. Dispute Resolution

28.1

This Section applies to any dispute, controversy or claim between you and the Company that relates to these Terms, including any question about their existence, validity or termination, any Services or products provided, and any representation made by us.

28.2

You must first give us an opportunity to resolve your claim. To do this, send a written notice of your claim to compliance@instaramp.xyz or through the Online Platforms.

28.3

If we do not resolve your claim within sixty (60) days of receipt of the notice, either party may refer the dispute to final and binding arbitration under the Arbitration and Conciliation Act, 1996.

28.4

The arbitral tribunal will consist of a sole arbitrator appointed by mutual agreement of the parties. If the parties do not agree on an arbitrator within thirty (30) days, the arbitrator will be appointed under the Arbitration and Conciliation Act, 1996.

28.5

The seat and venue of arbitration will be Bengaluru, Karnataka, India. The language of the arbitration will be English. The award of the arbitrator is final and binding on the parties.

29. Contact Us

29.1

For general enquiries, complaints or feedback, email us at compliance@instaramp.xyz.

29.2

If you do not want to continue to use the Services and want to deactivate your User Account, email us at compliance@instaramp.xyz.

29.3

If you do not agree with any provision of these Terms and want to opt out of that provision, email us at compliance@instaramp.xyz (“Opt-out Request”). You may not use the Online Platforms or the Services until we decide on your Opt-out Request.

29.4

Send all notices and communications to the Company under these Terms to:

Attention: Compliance OfficerInstaramp Fintech Private LimitedAddress: No. 120, K No. 311, Begur Hobli, Nyanappanahalli Village, Hulimavu, Bangalore South, Bengaluru, Karnataka, 560076, IndiaEmail: compliance@instaramp.xyz