User Agreement

User Agreement

This User Agreement is between you (referenced herein as “you”, “your”, or “user”) and Insmoor co ., ltd., and its affiliates,(“we“, “our“or “Insmoor“). This User Agreement (the “Agreement”) governs your use of the services provided by Insmoor described below (the “Services”) accessible through the Insmoor website or mobile application and the API (the “Site”). By accessing, using, or attempting to access or use the Services, you acknowledge and agree that you have read, understood and accepted all of the terms and conditions contained in this Agreement as well as our Privacy Policy . If you do not agree, you may not access or use the Services and must immediately cease any use of the Services. We may amend this Agreement from time to time by posting a revised version of this Agreement to the Site and sending notice to the email associated with your Account (if applicable), and may do so without advance notice to you. Accordingly, please review the Agreement posted at this location on a periodic basis. Each time you use the Services, you agree to be bound by the terms of the Agreement in effect at the time of your use thereof. If you do not agree to the revised terms, you are not permitted to use the Services.
THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES YOU AND Insmoor TO RESOLVE ALL DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS YOU CHOOSE TO OPT OUT OF SUCH PROVISION. PLEASE SEE SECTION 15 TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER” BELOW. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WAIVE YOUR RIGHT TO TRIAL BY JURY, AND EXCEPT AS PERMITTED BY SECTION 15, YOU WILL NOT BE ABLE TO BRING ANY CLAIMS IN STATE OR FEDERAL COURT.
AS EXPLAINED IN FURTHER DETAIL IN THE SECTION BELOW ENTITLED “E-SIGN DISCLOSURE AND CONSENT,”AUTHORIZATION TO ELECTRONICALLY RECEIVE ANY AND ALL COMMUNICATIONS (DEFINED BELOW) IS A CONDITION OF ACCESS TO AND USE OF THE SERVICES,MEANING THAT IF YOU REVOKE YOUR CONSENT TO RECEIVE SUCH COMMUNICATIONS ELECTRONICALLY YOU UNDERSTAND THAT YOU MAY NOT CONTINUE TO ACCESS OR USE THE SERVICES.
As with any asset, the value of digital currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. You should carefully consider whether trading or holding digital currencies is suitable for you in light of your financial condition. Insmoor is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons.
PART A: GENERAL TERMS
THE SERVICES.
Description of Services. Insmoor offers a variety of Services to users, each of which is described in the applicable Part of this Agreement. These include the Core Services (Part B), which allows a user to store, exchange and transmit fiat and digital currency using the Site, the Checkout Service (Part C), which allows users to purchase digital currency in one-off transactions using the Site, and the NFT Service (Part D), which allows users to purchase non-fungible tokens through third-party provided marketplace platforms. We do not offer the Services in all jurisdictions. Additional information regarding the Services may be available and obtained through the Site. The Services, and certain aspects of the Services, may, as applicable, be delayed, restricted, forfeited, or ultimately unavailable due to certain laws and regulations governing our Services as well as certain circumstances and conditions associated with your use of the Services.
Eligibility. In order to use the Services, you must be a resident of a jurisdiction we serve and be at least eighteen (18) years of age (or the applicable age of majority and contractual capacity in the jurisdiction in which you reside).
IDENTITY VERIFICATION.
Identity Verification. In order to use the Services, you agree to provide us with the information we request for the purposes of verifying your identity and detecting potential money laundering, terrorist financing, fraud or other financial crimes and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Services. Your access to the Services and the limits that apply to your use of the Services, may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide to us changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. See our Privacy Policy for how we treat your data.
OFAC Screening and Sanctions. Insmoor complies with the economic sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC“). As part of the identity verification process, Insmoor will check your information against the OFAC Specially Designated Nationals and Blocked Persons List (“SDN List“) and ensure that you are not operating in a jurisdiction subject to sanctions. Insmoor will periodically check the information you provide to us against the SDN List to comply with our obligations under federal law. Insmoor is not responsible for any losses, whether direct or indirect, that you may incur as a result of our compliance with applicable law, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant or other legal order.
PROHIBITED ACTIVITIES.
Illegal Activities. You are responsible for complying with applicable law, including state and federal laws and regulations regarding money laundering, terrorist financing, and money transfer and remittance. You are responsible for understanding and abiding by the laws and regulations of each jurisdiction in which you use the Services.
Service Limitations. Except as required by law, we may, without notice and without liability to you, suspend or terminate access to, or refuse to provide, any Services at any time in our sole discretion, including with limitation:
if we believe, in our sole discretion, you directly or indirectly use, or attempt to use, the Services for any unlawful or improper purpose;
if we believe you have engaged in any activity that is prohibited on the Site;
if you provide any incomplete, incorrect or false information to us;
if you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Site or the Services;
if we believe that your use of any method of payment is unauthorized, or if your method of payment does not have sufficient available funds (or credit, as applicable), or that has expired, or if your method of payment is declined or your payment is blocked or reversed for any reason;
if you have breached any portion of this Agreement;
if we determine such action is necessary to comply with this Agreement, any of our policies, procedures or practices, or any law, rule or regulation; and/or
as otherwise set forth in Section 10. You agree that we will not be held responsible or liable to you or any other person for such action except as required by law.
FEES.
Insmoor charges certain fees for the Services, which are described in the applicable Part of this Agreement. Any fees imposed will also be displayed to you as part of the transaction process. Insmoor is not responsible for any fees charged by a third party.
ERRORS AND REFUNDS.
Insmoor may provide refunds in certain circumstances in its sole discretion. If you believe an error has occurred or you would like to cancel your transaction, please visit our Help Center. Our Refund and Error Resolution Policy can be found here .
THIRD PARTY DELAYS OR ERRORS.
Insmoor is not responsible for any delays or errors in the provision of the Services, including, but not limited to, delays in the transfer of digital or fiat currency from your Insmoor Wallet to a third party, if such delays or errors are caused by you, your service provider (e.g., your bank), your internet connection or internet service provider.
NOTICE. Any notice required to be given by Insmoor under this Agreement, or otherwise, may be provided to you by email, a posting on the Site, or other reasonable means. Insmoor may broadcast, distribute or display notices or messages through the Site or via email to inform you of changes to this Agreement, the Services, the Privacy Policy or other matters of importance. Such broadcasts, distributions or displays of information shall constitute notice to you. Your continued use of the Site or the Services subsequent to such notification shall be deemed an acknowledgement and acceptance thereof.
DATA AND PRIVACY. All collection, sharing, and use of data regarding access to the Site and usage of the Services is governed by our Privacy Policy .
INTELLECTUAL PROPERTY. Insmoor reserves all rights in and to the Site and Services and all related intellectual property. “Insmoor,” and all associated logos, trademarks or other identifiers displayed within the Site are the sole property of Insmoor or its licensors. You acknowledge that, as between you and Insmoor, all rights, title and interest, including all copyright, trademark, patent, trade secret and other intellectual property or proprietary rights, related to the Site (including all modifications, improvements, upgrades, and derivative works thereof) belong exclusively to Insmoor. You shall honor and comply with any and all contractual, statutory or common law rights of Insmoor, as well as any applicable third parties, arising out of or relating to the provision or use of the Site or Services.
INTERACTIONS WITH THIRD PARTIES. Any website that is accessible via link embedded in the Site that redirects you from the Site are not within Insmoor’s control and we are not responsible for the content, products, services, or terms of any linked website. All such websites are subject to the terms, conditions, policies, and procedures of the owners of such websites and not this Agreement. Accordingly, Insmoor hereby expressly disclaims and shall not have any liability or responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on any such websites accessible through links on the Site. We encourage you to read the applicable terms and conditions in this Agreement to understand your rights and obligations.
TERMINATION. Insmoor, in its sole discretion, may suspend or terminate your access to or use of the Services, for any reason, including, without limitation, if we receive a facially valid subpoena, court order or other binding order from a government authority requiring us to do so or if we believe you have violated this Agreement, in letter or in spirit. Insmoor may also, in its sole discretion, discontinue providing the Services, or any part thereof, with or without notice. All provisions of this Agreement which, according to their terms or their nature, should survive termination, including, without limitation, provisions with respect to limitation or liability and disclaimer of warranties, shall survive.
INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD Insmoor, ITS AFFILIATES, AND ITS PARENT, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, MANAGERS, EQUITY OWNERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “Insmoor GROUP”), AS APPLICABLE, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, DUE TO OR ARISING OUT OF YOUR USE OF THE SERVICES, THE VIOLATION OF THIS AGREEMENT BY YOU, THE INFRINGEMENT BY YOU (OR ANYONE ACCESSING THE SITE USING YOUR ACCOUNT) OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY OR VIOLATION OF ANY APPLICABLE LAW OR REGULATION.
LIMITATION OF LIABILITY. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, Insmoor SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Insmoor HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING DAMAGES RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; OR (III) UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT Insmoor IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OF, ON, OR THROUGH THE SITE OR THE SERVICES, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. Insmoor IS NOT LIABLE FOR ANY CHANGES IN VALUE IN DIGITAL CURRENCY OR FIAT CURRENCY. Insmoor’S TOTAL LIABILITY TO YOU FOR BREACH OF CONTRACT AND FOR ANY AND ALL OTHER CLAIMS (INCLUDING TORT CLAIMS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE OR THE SERVICES, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL PAYMENTS MADE BY YOU TO Insmoor HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES ARE AT YOUR SOLE RISK AND EXPENSE AND SUBJECT TO THIS AGREEMENT, ANY APPLICABLE LAW, AND ANY ADDITIONAL TERMS AND CONDITIONS IMPOSED BY ANY ISSUER OF DIGITAL CURRENCY OR OTHER THIRD PARTY. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Insmoor EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. Insmoor MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. Insmoor MAKES NO WARRANTY REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE Insmoor GROUP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER. AGREEMENT TO ARBITRATE, SEAT OF THE ARBITRATION, ARBITRATOR’S AUTHORITY AND FORM OF THE AWARD. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE, NEUTRAL ARBITRATOR, INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND WE AND YOU EACH WAIVE THE RIGHT TO TRIAL BY AJURY. THE SEAT OF THE ARBITRATION SHALL BE DOVER, DELAWARE, NOTWITHSTANDING YOUR RIGHT TO CHOOSE WHERE ARBITRATION HEARINGS WILL BE CONDUCTED, AS FURTHER PROVIDED HEREIN. THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH. THE ARBITRATOR SHALL BE A PRACTICING ATTORNEY. THE ARBITRATOR SHALL APPLY THE LAW AND WILL ISSUE A FINAL AND BINDING AWARD STATING THE REASONS FOR THE ARBITRATOR’S DECISION AND A CALCULATION OF ANY DAMAGES AWARDED. A JUDGMENT ON THE AWARD MAY BE ENTERED BY ANY COURT HAVING JURISDICTION. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO DECIDE ISSUES OF ARBITRABILITY, SHALL DECIDE THE RIGHTS AND LIABILITIES, IF ANY, OF YOU AND WE. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO GRANT MOTIONS THAT ARE DISPOSITIVE OF ALL OR PART OF ANY CLAIM OR DISPUTE. THE ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD MONETARY DAMAGES AND TO GRANT ANY NON-MONETARY REMEDY OR RELIEF AVAILABLE UNDER APPLICABLE LAW AND THIS AGREEMENT. THE ARBITRATOR SHALL HAVE THE SAME AUTHORITY TO AWARD RELIEF THAT A JUDGE IN A COURT OF LAW WOULD HAVE. WAIVER OF CLASS ARBITRATION OR ACTIONS. ANY CLAIMS YOU OR WE ASSERT UNDER THIS AGREEMENT WILL BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND YOU AND WE AGREE THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES, INCLUDING THAT ANY CLAIMS OF MORE THAN ONE CUSTOMER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANOTHER CUSTOMER OR PERSON. YOU AND WE AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY FORM OF CLASS ARBITRATION AND/OR ACTION. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO A TRIAL BY JURY. ANY DISPUTE MUST BE INITIATED WITHIN ONE YEAR AFTER THE COMPLAINING PARTY DISCOVERS THE FACTS THAT FORM THE BASIS FOR THE CONTROVERSY OR CLAIM, OR IT IS FOREVER WAIVED.
APPLICABLE ARBITRATION RULES, HEARINGS AND COSTS. ARBITRATION WILL BE ADMINISTERED BY JAMS IN ACCORDANCE WITH THE THEN-CURRENT COMPREHENSIVE ARBITRATION RULES & PROCEDURES (THE “RULES”), INCLUDING THE EXPEDITED PROCEDURES SET FORTH IN THOSE RULES. THESE RULES ARE AVAILABLE AT WWW.JAMSADR.COM OR BY CALLING JAMS AT (800) 352-5267. ANY REQUIRED ARBITRATION HEARING MAY BE CONDUCTED, AT YOUR OPTION: (1) IN SAN FRANCISCO COUNTY, CALIFORNIA; (2) IN A LOCATION OF YOUR CHOOSING THAT IS WITHIN 50 MILES OF YOUR PLACE OF HABITUAL RESIDENCE; (3) IN A MUTUALLY AGREEABLE ALTERNATIVE LOCATION; OR (4) BY TELEPHONE OR VIDEO CONFERENCE. THE PLACE WHERE THE ARBITRATION HEARINGS SHALL BE CONDUCTED WILL HAVE NO BEARING ON THE LEGAL SEAT OF THE ARBITRATION, WHICH SHALL AT ALL TIMES REMAIN DOVER, DELAWARE. THE SOLE ARBITRATOR SHALL BE APPOINTED BY AGREEMENT OF THE PARTIES. IF SUCH AN AGREEMENT CANNOT BE REACHED WITHIN THIRTY DAYS, THEN THE ARBITRATOR WILL BE APPOINTED BY JAMS IN ACCORDANCE WITH THE RULES. IF YOU INITIATE ARBITRATION HEREUNDER, YOU SHALL PAY UP TO $250 OF THE COSTS OF THE ARBITRATION AND WE PAY ALL COSTS OF THE ARBITRATION IN EXCESS THEREOF (TO THE EXCLUSION OF ANY ATTORNEYS’ FEES YOU INCUR, WHICH SHALL EXCLUSIVELY BE BORNE BY YOU UNLESS AND UNTIL AWARDED BY THE ARBITRATOR IN THE FINAL AWARD). WHERE WE INITIATE ARBITRATION AGAINST YOU, WE SHALL PAY ALL COSTS OF THE ARBITRATION. THE PREVAILING PARTY WILL BE ENTITLED TO AN AWARD OF THE COSTS AND EXPENSES OF THE ARBITRATION, INCLUDING ATTORNEYS’ FEES AND EXPERT WITNESS FEES TO THE FULLEST EXTENT PERMITTED BY LAW.
EXCEPTIONS TO ARBITRATION. YOU AND WE AGREE THAT THE FOLLOWING DISPUTES (AND ONLY THESE DISPUTES) ARE NOT SUBJECT TO THE ABOVE PROVISIONS CONCERNING BINDING ARBITRATION AND MAY BE BROUGHT IN ANY COURT HAVING JURISDICTION OVER THE PARTIES AND SUBJECT MATTER: (1) ANY CLAIMS THAT QUALIFY FOR DISPOSITION BY A SMALL CLAIMS COURT; (2) ANY SUIT TO COMPEL ARBITRATION, STAY PROCEEDING PENDING ARBITRATION, OR TO CONFIRM, MODIFY, VACATE OR ENTER JUDGMENT ON THE AWARD ENTERED BY THE ARBITRATOR; AND (3) ANY SUIT TO SEEK TEMPORARY INJUNCTIVE RELIEF THAT WILL REMAIN IN PLACE ONLY UNTIL AN ARBITRATOR CAN DETERMINE WHETHER THE RELIEF SHOULD BE CONTINUED, MODIFIED OR REMOVED.
SEVERABILITY. YOU AND WE AGREE THAT IF ANY PORTION OF THIS SECTION 15 IS FOUND ILLEGAL OR UNENFORCEABLE, THAT PORTION SHALL BE SEVERED AND THE REMAINDER OF THIS SECTION 15 SHALL BE GIVEN FULL FORCE AND EFFECT.
OPT-OUT. YOU HAVE THE RIGHT TO OPT OUT OF THE PROVISIONS OF THIS SECTION 15 BY SENDING A TIMELY WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO THE FOLLOWING ADDRESS: Insmoor ARBITRATION OPT-OUT, 9100 S DADELAND BLVD, SUITE 1500, MIAMI, FL 33156, OR BY EMAIL TO support@insmoor.com, WITHIN 30 DAYS AFTER ENTERING INTO THIS AGREEMENT. YOUR NOTICE MUST INCLUDE YOUR NAME AND ADDRESS AND A CLEAR STATEMENT THAT YOU WANT TO OPT OUT OF THIS SECTION 15 OF THE AGREEMENT. IF YOU OPT OUT OF THIS SECTION 15, ALL OTHER PARTS OF THIS AGREEMENT WILL CONTINUE TO APPLY TO YOU. OPTING OUT OF THIS SECTION 15 WILL NOT HAVE ANY EFFECT ON OTHER ARBITRATION AGREEMENTS THAT YOU MAY CURRENTLY HAVE WITH Insmoor, OR MAY ENTER INTO IN THE FUTURE WITH Insmoor.
GENERAL TERMS.
Entire Agreement. This Agreement constitutes the entire agreement between you and Insmoor and governs your use of the Services, superseding any prior agreements between you and Insmoor with respect to your use of the Site and Services. You may also be subject to additional terms and conditions that may apply when you use third party services in conjunction with your use of the Services, and you represent and warrant that you will comply with all such additional terms and conditions.
Governing Law and Disputes. This Agreement is governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of laws provisions. To the extent any claims may be made in court pursuant to this Agreement, and subject to the arbitration agreement contained in Section 15 if you have not opted out of the same, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Delaware. TO THE EXTENT THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION ABOVE IS INAPPLICABLE TO A CLAIM OR ACTION, AND WITHOUT PREJUDICE TO SUCH SECTION, EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT; EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION; AND EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY TO ENTER INTO THIS AGREEMENT. You and Insmoor agree that any lawsuit arising out of or related to this Agreement or your use of the Site or the Services, which is brought by you or any third party, must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred.
Waiver. Insmoor’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Insmoor in writing.
Force Majeure. No party shall be liable for failure or delay in performing obligations (except for obligations regarding payment of money) set forth in this Agreement, and no party shall be deemed in breach of such obligations, if such failure or delay is due to natural disasters or any cause reasonably beyond the control of such party.
Third Party Beneficiaries. The provisions of this Agreement are solely for the benefit of you and Insmoor, and, except as specifically provided herein, no third party (including creditors of any party) may seek to enforce, or benefit from, these provisions, or seek redress for any breach or other damage, alleged or proved, under this Agreement.
Headings. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
Severability. If any provision of this Agreement, either in whole or in part, is held to be illegal, invalid, void as against public policy, or unenforceable for any reason under present or future law, such provision shall be fully severable without effect on the remaining provisions, which shall continue in full force and effect and remain legal, valid, effective, and enforceable as if the illegal, invalid, void, or unenforceable provision(s) had never comprised a part of such provision or this Agreement, as applicable. In lieu of the illegal, invalid, void, or unenforceable provision, there shall be added a provision as similar in terms and legal effect to the illegal, invalid, void, or unenforceable provision as may be possible and which may be legal, valid, effective and enforceable.
Modification of Terms. Insmoor reserves the right to modify or discontinue all or any portion of the Services with or without notice to you. Insmoor will not be liable to you if we modify or discontinue all or any portion of the Services. Insmoor may change the terms and conditions of this Agreement at any time in its sole discretion. Your continued use of the Site or the Services subsequent to such modification shall be deemed an acknowledgment and acceptance thereof.
Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Insmoor’s affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns. In the event that Insmoor is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
Relationship of the Parties. Insmoor is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Insmoor to be treated as partners, joint venturers, or otherwise as joint associates for profit, or either you or Insmoor to be treated as the agent of the other.
Contact Information. If you have any questions regarding this Agreement and/or the Site, please visit our Help Center or contact Insmoor at support@insmoor.com.
E-SIGN DISCLOSURE AND CONSENT.
Scope of Communications to Be Provided in Electronic Form. You understand and agree that we may provide you with any or all of the following types of communications electronically: (i) legally required disclosures, notices and other communications associated with your access to or use of the Services, including, but not limited to information about fees or charges, and any and all legally required pre- and post-transaction disclosures; (ii) customer service communications; (iii) privacy policies and notices; (iv) changes to this Agreement, (v) statements, information and records regarding your transactions; (vi) information regarding the debiting or charging, as applicable of your selected payment method; (vii) any and all legally required error resolution policies, and responses to claims filed in connection with your access to or use of the Services; (viii) any other communications related to your access to and/or use of the Services, and (ix) with your consent, marketing and other promotional communications (collectively, “Communications”).
Communications in Writing. All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Agreement and any other Communication that is important to you.
Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (i) via e-mail, (ii) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (iii) to the extent permitted by law, on the Site or via SMS text message. You agree to promptly review all Communications sent to you, and that these are reasonable procedures for sending and receiving electronic communications.
How to Update Your Records. To receive electronic Communications, at the time that you first use the Services, you must provide us with a true, accurate and complete e-mail address and your contact information, and you must promptly notify us of any changes to this information. You can update information (such as your email address) through the Site.
Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have an electronic device that enables access to your e-mail account or a commercially available Internet browser. You may wish to utilize a device that is capable of storing or printing the Communications for your records.
Requesting Paper Copies. If you have consented to receive electronic Communications, we will not send you a paper copy of any Communication unless we deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically. You may obtain a paper copy of any legally-required Communications and or agreements. You may request such a paper copy by visiting our Help Center or contacting Insmoor at support@insmoor.com.
How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time by visiting our Help Center or contacting Insmoor at support@insmoor.com. Any withdrawal of your consent to receive electronic Communications will be effective only after we have received your request for withdrawal and have a reasonable period of time to process such request. In the meantime, you will continue to receive Communications in electronic form. By withdrawing your consent, you will no longer be able to use the Services. Withdrawing consent to receive marketing communications only does not preclude use of the Services, however. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected, and your previous electronic records will remain accessible for such period as is required under law and in a form that allows the record to be accurately reproduced to all persons who are entitled under law to access the record.
Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), and that you and we both intend that the E-Sign Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
STATE MONEY TRANSMITTER LICENSES. Insmoor maintains licenses to engage in money transmission activities in many states, and these licenses may impact our provision and your use of the Services depending on where you live. Insmoor's licenses and corresponding required disclosures can be found here .
PART B: Insmoor CORE SERVICES
This Part B provides the terms of use applicable to your use of the Core Services (defined below) and is part of this Agreement. Unless otherwise specified herein, the terms of Part A are incorporated into this Part B.
THE CORE SERVICES.
Description of Core Services. Insmoor enables users to: (i) store fiat and/or digital currency; (ii) exchange fiat and/or digital currency; and (iii) transmit fiat and/or digital currency to designated recipients (each, a “Recipient”) located in specific jurisdictions . Insmoor Wallets. Once a user creates an Account (defined below), Insmoor provides the user with a custodial digital currency wallet (that may hold various digital currencies that we support ) (“Digital Currency Wallet”) and a stored value account to hold fiat currency(ies) (“Fiat Wallet,” together “Insmoor Wallets”). Each user can access his or her Insmoor Wallets solely through that user’s Account. OTC Services. Insmoor provides over-the-counter digital currency and fiat conversion services (“OTC Services”) through which users may engage in transactions with Insmoor, acting as principal, in which the user purchases or sells certain digital currencies and/or certain fiat currencies in exchange for fiat currency or another digital currency (each such transaction, an “OTC Transaction”). Users can only engage in OTC Transactions using currency stored in their Insmoor Wallets. Transfer Services. In certain circumstances, Insmoor provides funds transfer services to users which allow them to send funds from their Fiat Wallet to external bank accounts of designated third parties (the “Transfer Services”).
Eligibility. In order to use the Core Services, you must have and use a valid Account. For more information, see Section 2 below for Account creation and validation.
Service Limitations. Except as required by law, we may, without notice and without liability to you, suspend or deactivate your Account (defined below), or otherwise suspend or terminate access to, or refuse to provide, the Core Services at any time in our sole discretion, including without limitation:
if we determine that your Account is inactive, or
if your Account has been subject to excessive (as determined in our sole discretion) reversed or rejected transactions or chargebacks.
You agree that we will not be held responsible or liable to you or any other person for such action except as required by law. The above are in addition to those scenarios set forth in Section 3(b) of Part A.
YOUR ACCOUNT.
Account Creation. In order to use the Core Services, you must create an account with Insmoor (“Account”). In order to create an Account, you agree to follow the process set forth in Section 2 of Part A. If you are creating an Account on behalf of an entity, you confirm that you are authorized to enter into this Agreement on behalf of such entity.
MSB Accounts. If you are a money services business, as defined under the Bank Secrecy Act of 1970, as amended, and its implementing regulations, a state-regulated financial institution (not otherwise captured under federal law), or the foreign equivalent thereof (each, an “MSB”), we may request additional information from you in order to create an Account. An MSB must establish and maintain anti-money laundering programs and compliance and risk policies. To the extent permitted by applicable law, MSBs will make those documents available to us for review. Only after Insmoor has conducted this review will we determine whether to create an Account for the MSB user. After Account creation, Insmoor (either ourselves or through a designated representative) reserves the right to conduct periodic audits of MSB users, upon at least 30 days’ notice. Such audits may include review of contracts, hardware and software systems, security systems, policies and procedures, and books and records. If you make any material changes to the policies and procedures you have provided to us, please notify us within 30 days of such change and, if permitted by applicable law, make the updated versions available to us.
Account Security. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT CREDENTIALS AND ARE FULLY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT OCCUR UNDER YOUR ACCOUNT. You agree to notify Insmoor immediately if you know or suspect unauthorized use of your Account or any other security breach you know or suspect, such as loss, theft, unauthorized disclosure or use of your Account or password. Insmoor is not responsible for any losses, damages, costs, expenses or claims that result from stolen or lost passwords or any unauthorized use of your Account. While Insmoor has endeavored to create a secure and reliable Site and Core Services, you should understand that the confidentiality of any communication or material transmitted to/from the Site or Core Services over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Insmoor is not responsible for the accuracy, reliability, or security of any information transmitted to or from the Site or Core Services.
WALLETS
Insmoor Wallets. Upon creation of your Account, Insmoor will provide you with the ability to store your fiat and digital currency in one or more Insmoor Wallets, depending on your use of the Core Services. Insmoor provides Fiat Wallets and Digital Currency Wallets. You can use the Core Services and your Insmoor Wallet(s) to store multiple digital and fiat currencies. You can only conduct OTC Transactions using currency stored in your Insmoor Wallet(s). This allows for immediate settlement whenever you conduct an OTC Transaction.
ANY FIAT OR DIGITAL CURRENCY HELD IN YOUR Insmoor WALLET IS NOT INSURED TO YOU BY THE FEDERAL DEPOSIT INSURANCE CORPORATION, THE SECURITIES INVESTOR PROTECTION CORPORATION, THE FINANCIAL SERVICES COMPENSATION SCHEME OR OTHER GOVERNMENT OR PRIVATE INSURANCE ENTITY.
Digital Currency Wallet. Each Digital Currency Wallet consists of an account established for you on our books and records, which shows the amount of each type of digital currency that we hold in a custodial manner on your behalf. We maintain separate hosted wallets for the various digital currencies we offer through the OTC Services. We hold these digital currencies in a pooled custodial manner on your behalf and maintain a sub-account ledger noting the amount of each digital currency we hold for you. We securely store your private keys, which you use to access your Digital Wallet, conduct OTC Transactions and transfer digital currency to and from your Digital Wallet.
Adding Digital Currency to your Insmoor Wallet. You can add digital currency to your Digital Currency Wallet in one of two ways: (i) transfer digital currency to your Digital Currency Wallet from an external, third-party provided digital currency wallet (an “External Wallet”) or (ii) receive digital currency in settlement of an OTC Transaction. You can hold multiple types of digital currency in your Digital Currency Wallet. Each type of digital currency is shown as a separate balance in your Digital Currency Wallet. You may transfer digital currency to your Digital Currency Wallet by logging into your Account and navigating to the payments method settings page to see your deposit addresses and to transfer digital currency to your Digital Currency Wallet from one or more External Wallets. Once that transfer request is submitted to us, Insmoor creates a transaction transferring the requested digital currency from your External Wallet to the unique address associated with your Digital Currency Wallet and submits the transfer to the blockchain for validation. Upon validation and transfer of the digital currency from the External Wallet to our pooled wallet identified by the unique address, Insmoor is notified and we credit your Digital Currency Wallet with the relevant amount and type of digital currency. All of these steps usually take place immediately.
Transferring Digital Currency from your Insmoor Wallet. You may transfer digital currency from your Digital Currency Wallet to an External Wallet by logging into your Account and selecting the option to “Transfer Funds,” specifying the External Wallet to receive such digital currency and submitting the request to the Insmoor. Upon receipt, Insmoor confirms that you have the required amount and type of digital currency in your Digital Currency Wallet. Once we confirm you have the required digital currency, Insmoor deducts the requested amount from the balance in your Digital Currency Wallet and initiates the requested transfer by submitting the authenticated transaction to the blockchain for validation. Upon validation, the transfer of the relevant digital currency from your Digital Currency Wallet to your External Wallet is complete.
Fiat Wallets. Each Fiat Wallet consists of an account established for a user on Insmoor’s books and records to reflect the amount of fiat currency Insmoor holds in a custodial manner on your behalf. You can use the funds in your Fiat Wallet to: (i) conduct OTC Transactions, (ii) disburse funds to a designated bank account in your name, and (iii) send funds to designated third parties. Insmoor holds all funds it receives in connection with the Fiat Wallets in a separate, pooled deposit account (the “Pooled Fiat Account”) at a financial institution chosen by Insmoor (“Custodial Bank”).
Adding Fiat Currency to your Insmoor Wallet. You can add fiat currency to your Fiat Wallet in one of two ways: (i) transfer fiat currency to your Fiat Wallet from your designated bank account or (ii) receive fiat currency in settlement of an OTC Transaction. You can hold multiple types of fiat currency in your Fiat Wallet. Each type of fiat currency is shown as a separate balance in your Fiat Wallet. Different fiat currencies may be held at different Custodial Banks, usually in the country that issues that fiat currency. To conduct a transfer from your designated bank account, you must log into your Account, select the option to “Fund your Insmoor Wallet” and follow the instructions to make an ACH transfer from your designated bank account to the Pooled Fund Account. Upon completion of the ACH transfer, the Custodial Bank notifies us and we credit your Fiat Wallet with the relevant amount. Your new balance may be viewed by logging into your Account.
Transferring Fiat Currency from your Insmoor Wallet. You may transfer fiat currency from your Fiat Wallet to your designated bank account via ACH transfer by logging into your Account, selecting the option to “Transfer Funds,” selecting your designated bank account and submitting the request to Insmoor. Insmoor then reviews the transfer request, confirming that the requested bank account has been approved and verified and that you have sufficient funds in your Fiat Wallet to complete the transfer. Once these steps have been completed, (i) Insmoor submits the transfer request to the Custodial Bank for processing, (ii) Insmoor debits your Fiat Wallet in the amount of the transfer, and (iii) the Custodial Bank transfers the relevant amount of fiat from the Pooled Fiat Account to your designated bank account.
OTC SERVICES. Once you’ve created your Account and funded your Insmoor Wallet(s), you may access the OTC Services to purchase and sell certain digital currency or fiat currency in OTC Transactions with Insmoor. Insmoor acts as principal and uses its own corporate reserves to conduct all OTC Transactions.
In order to conduct an OTC Transaction, you log into your Account, input the desired transaction details (e.g., purchase or sale, the currency you wish to purchase/sell, and amount). Insmoor then provides its current pricing information for your chosen currencies. If you accept the pricing displayed, you may then accept and confirm the OTC Transaction. If you do not accept the pricing displayed, you may choose not to proceed and cancel.
Once you accept the price and confirm, Insmoor settles the OTC Transaction by executing a corresponding debit and credit to your Insmoor Wallet(s), as applicable.
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Core Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Account(s).
FUNDS TRANSMISSION. Insmoor provides the ability to make payments to third parties by transferring funds from your Fiat Wallet to the third party’s bank account via ACH or wire transfer. These transfers may be made to both domestic and international recipients, and you may also utilize the OTC Services to obtain the recipient’s local currency prior to conducting the transfer.
To conduct a transfer, you log into your Account and submit a transfer request, or submit a transfer request via an API integration with Insmoor, as applicable, in each case providing the relevant details of the desired transfer, including transfer amount, recipient name, and account information. Insmoor then reviews the transfer request, which may include conducting OFAC screening on the recipient, and confirms you have sufficient funds in your Fiat Wallet to complete the transfer. Upon confirmation, (i) Insmoor submits the transfer request to the Custodial Bank for processing, (ii) Insmoor debits your Fiat Wallet in the amount of the transfer, (iii) the Custodial Bank transfers the relevant amount of fiat from the Pooled Fiat Account to the recipient’s bank account, wherever located.
SECURITY INTEREST. As security for the performance of your obligations under this Agreement, you grant to Insmoor a lien on, and security interest in and to, any balance held in your Insmoor Wallet(s).
AMOUNTS OWED TO Insmoor. If a past due amount is owed to us or if the balance in your Insmoor Wallet becomes negative for any reason, that negative balance represents an amount that you owe to Insmoor. We may set off a negative balance in one Insmoor Wallet against a balance in your other Insmoor Wallet(s). If you continue using your Insmoor Wallet when it has a negative balance, you authorize Insmoor to combine the negative balance with any OTC Transaction or transfer sent from your Account when that combination is disclosed to you in advance of initiating the debit or transaction.
Insmoor may set off the negative balance in one of your Insmoor Wallets by using funds you maintain in a different currency (digital currency or fiat currency). If a currency conversion is necessary, Insmoor will execute the conversion at its then-posted rates.
YOUR RESPONSIBILITY TO Insmoor FOR FINES, FEES AND OTHER PENALTIES. YOU ARE RESPONSIBLE FOR AND AGREE TO PAY TO Insmoor ANY FINES, FEES, LEVIES OR OTHER AMOUNTS THAT MAY BE IMPOSED BY ANY GOVERNMENTAL ENTITY OR OTHER THIRD PARTY AS A RESULT OF YOUR USE OF THE SERVICES OR VIOLATION OF THIS AGREEMENT. Insmoor will promptly notify you of any such amounts due, the cause thereof and the parties involved. The rights in this Section 8 are in addition to the other rights and remedies in this Agreement, including Section 12 of Part A (Indemnification).
FEES.Insmoor charges: (i) a percentage-based fee, which is disclosed to you prior to each OTC Transaction; and (ii) a transfer fee, which is disclosed to you prior to each request to transfer fiat or digital currency to your Insmoor Wallet(s). Insmoor’s current fees may be viewed on the Transfer Fees page. Your financial institution or External Wallet provider may also impose a fee to transfer currency to your Insmoor Wallet(s). Insmoor is not responsible for any fees charged by a third party. In addition, it is your responsibility to ensure you have sufficient funds or digital currency in your designated bank account or External Wallet to complete any transfer(s) to your Insmoor Wallet(s). You are responsible for any non-sufficient funds or overdraft fees imposed by third parties.
TERMINATION. You may terminate your Account at any time and for any reason by either submitting a request at our Help Center or by sending an email requesting termination to support@insmoor.com. Insmoor will notify you by email when your Account is closed. Upon termination, your right to use the Core Services and access to your Account will immediately end. Insmoor, in its sole discretion, may suspend or terminate your Account or use of the Core Services, for any reason, including, without limitation, if we receive a facially valid subpoena, court order or other binding order from a government authority requiring us to do so or if we believe you have violated this Agreement, in letter or in spirit. Insmoor may also, in its sole discretion, discontinue providing the Core Services, or any part thereof, with or without notice. Any balance in your Insmoor Wallet(s) must be transferred to your bank account or an External Wallet prior to terminating your Account. You should follow the normal procedure for transferring fiat or digital currency from your Insmoor Wallet(s). If Insmoor suspends or terminates your Account and you are either unwilling or unable to reactivate your Account, Insmoor will send a check for the balance left in your Fiat Wallet to the mailing address you provided to us to open and maintain your Account. Insmoor will send any balance left in your Digital Currency Wallet to your designated External Wallet upon receipt of instructions from you.
ABANDONED PROPERTY. To the extent required by law, if you have not accessed your Account for a certain time period (as set forth in your state’s law, usually between three and five years) and leave a balance in your Insmoor Wallet, your balance will escheat to the state where you reside (per the mailing address information you provide to us).
PART C: CHECKOUT SERVICES
This Part C provides the terms of use applicable to your use of the Checkout Service (defined below) and is a part of the Agreement. Unless otherwise specified herein, the terms of Part A are incorporated into this Part C.
CHECKOUT SERVICE. One-Time Transactions. Insmoor allows you the ability to engage in one-time transactions with Insmoor without creating an Account or using a Insmoor Wallet (the “Checkout Service”). You can purchase and sell certain digital currencies from Insmoor. Instead of entering into an ongoing relationship with Insmoor, a user can engage in standalone transactions using a debit card, credit card, Apple Pay, ACH, or other specified payment method.
Instant Buy. You can purchase certain digital currencies from Insmoor with fiat currency. Upon completing your purchase from Insmoor, we will send the purchased digital currency to your designated third-party provided digital currency wallet (an “External Wallet”). By providing your External Wallet, you represent and warrant that you are the sole owner and in complete control of the External Wallet.
Instant Sell. You can sell certain digital currencies to Insmoor in exchange for fiat currency. Once you enter the type and amount of digital currency you want to sell to Insmoor and accept Insmoor’s price offered therefor, you will transfer the digital currency you have sold to Insmoor’s designated wallet. Upon our confirmation of receipt of such digital currency, Insmoor will send the agreed purchase price to your bank account via debit card transfer or other specified payment method. Insmoor will only transfer the payment to a bank account owned and controlled by you and not to any third party.
Swaps. You can sell certain digital currencies to Insmoor in exchange for another digital currency (a “Swap”). Once you enter the type and amount of digital currency you want to sell to and buy from Insmoor and accept Insmoor’s price offered therefor, you will transfer the digital currency you have sold to Insmoor’s designated wallet. Upon our confirmation of receipt of such digital currency, Insmoor will send your purchased digital currency to your External Wallet. By providing your External Wallet, you represent and warrant that you are the sole owner and in complete control of the External Wallet.
IDENTITY VERIFICATION.While Insmoor does not create an Account for Checkout Service users, in order to use the Service, you must agree to follow the identity verification process set forth in Section 2 of Part A.
PURCHASE AND SALE. Once you’ve completed the identity verification procedures, you can review the pricing (in various fiat currencies) for each digital currency supported by the Checkout Service. If you wish to make a purchase, you will need to enter your purchase (i.e., the amount of digital currency you’d like to buy), your payment information (visit the Site for information regarding accepted payment methods) and the address of your External Wallet. Depending on your location (U.S. or international), the fees associated with the payment methods differ. The current fees can be found here . The total price (purchase price + fees) will always be displayed to you before you execute the transaction. Upon purchase, Insmoor initiates the transfer to your External Wallet by submitting the authenticated transaction to the Blockchain for validation.
Upon your purchase from Insmoor, Insmoor initiates the transfer to your External Wallet by submitting the authenticated transaction to the Blockchain for validation.
Upon validation, and the transfer of the relevant digital currency in the case of an Instant Buy or Exchange, from your External Wallet, the transaction is complete.
Upon Insmoor’s purchase of digital currency from you via either Instant Sell or Exchange, Insmoor will send you the address of its designated wallet to receive the purchased digital currency.
Upon confirmation of receipt, Insmoor will send the agreed total price to your debit card or External Wallet, as applicable.
LIMITS. Each user of the Checkout Service is subject to weekly, monthly and yearly limits (based on total fiat amount) depending on their location. The current limits can be found here . If you have any questions about the limits, please visit our Help Center or contact Insmoor at support@insmoor.com.
TERMINATION. As users of the Checkout Service do not have any ongoing relationship with Insmoor, you may simply cease to use the Checkout Service. If there is any specific reason you no longer wish to use the Checkout Service, please contact us at support@insmoor.com.
PART D: NFT SERVICE
This Part D provides the terms of use applicable to your use of the NFT Service (defined below) and is a part of the Agreement. Unless otherwise specified herein, the terms of Part A are incorporated into this Part D.
NFT SERVICE. Insmoor has partnered with certain third-parties who offer marketplace or other platforms (each an "NFT Platform") for the purchase and sale of non-fungible tokens (each, an “NFT"). Pursuant to our agreements with those third-parties, you may purchase NFTs (i) from Insmoor or (ii) through Insmoor's platform (the “NFT Service"). Users of the NFT Service are not required to create an Account and may instead conduct one-time transactions with Insmoor using a payment method accepted by Insmoor. Insmoor has no control over and is not responsible for any activity conducted by you or other parties (including the seller(s) of NFTs on NFT Platforms. You acknowledge and agree that you are solely responsible and liable for your use of any NFT Platform, and all of your related acts or omissions, and that your use of an NFT Platform is subject to such NFT Platform's terms of service and applicable law. Insmoor makes no representations or warranties, express or implied, written or oral, made by or on behalf or in connection with any NFT Platform or NFT seller, including any representations or warranties of title, non-infringement, functionality, merchantability, usage, security suitability or fitness for any particular purpose, workmanship or technical quality of any NFT.
IDENTITY VERIFICATION. While Insmoor does not require the creation of an Account for NFT Service users, in order to use the Service, you must agree to follow the identity verification process set forth in Section 2 of Part A.
PURCHASE AND SALE. You are solely responsible for verifying the rights and authenticity of any NFT you purchase through the NFT Service, as well as any including transfer of rights, rights to sell, interest in copyrights, and other intellectual property rights applicable to any NFT purchased through the NFT Service. Insmoor is not responsible for and does not verify any descriptions of NFTs provided on NFT Platforms. To the fullest extent permitted by law, Insmoor disclaims all warranties and liabilities with respect to any NFT purchased through the NFT Service. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the NFT Service, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
LIMITS. Your use of the NFT Service is subject to transaction limits (based on total fiat amount) set by Insmoor. The current limits can be found here . If you have any questions about the limits, please visit our Help Center or contact Insmoor at support@insmoor.com. We reserve the right to reject any transaction and/or suspend or terminate access to the NFT Service at any time.
TERMINATION. Insmoor may terminate its provision of and/or your use of the NFT Service at any time. As users of the NFT Service do not have any ongoing relationship with Insmoor, you may simply cease to use the NFT Service. If there is any specific reason you no longer wish to use the NFT Service, please contact us at support@insmoor.com.