Terms and Conditions

We are Inswitch (“we”, “Inswitch”), and these terms and conditions (“Terms”, “Terms and Conditions”, or “Agreement” indistinctly) are a contract between you (“you”, “User”)and Inswitch, that governs the use of the services provided by Inswitch and are applicable to our different subsidiaries in the different countries where we operate, so its application is general.

Inswitch provides its services allowing companies and organizations to instantly implement their own digital financial services. Inswitch's API-based platform serves companies and projects of all sizes and industries.

 1. SCOPE‍

This document establishes the rights and obligations of the User of the "Inswitch Payment Platform" and in this sense, these Terms and Conditions constitute a binding agreement between the User and Inswitch.

By using our services, you confirm that you accept this Agreement and that you agree to comply with it. If you do not agree, you must not use our Services. Please note that you agree to be bound by these Terms, and the other documents expressly referenced in them, from the time you register to use the Services until the time your Account is terminated.

You should print a copy of these Terms or save them to your computer for future reference.

 2. ACCEPTANCE BY THE USER‍

The User may only make use of the "Inswitch Payment Platform" if they accept each and every one of the provisions of this document, for which said acceptance constitutes a condition to access the Platform. Without prejudice to this, the use of the "Inswitch Payment Platform" by the User implies acceptance of these Terms and Conditions.

By using the "Inswitch Payment Platform", the User accepts these Terms and Conditions in their entirety.

 3. DEFINITIONS

The following terms, whether singular or plural, will have within these Terms and Conditions the following scope:

3.1.- "Merchant": These are companies, businesses, and in general providers of goods and/or services to the public, who use the "Inswitch Payment Platform" to collect payments for their sales, after executing a services agreement with Inswitch.

3.2.- "Means of Payment": They are the financial intermediation institutions or of another nature in which the means of payment are located (cash networks, banking networks, credit and debit cards, mobile wallets, among others), that can be used through the ''Inswitch Payment Platform''.

3.3.- "Inswitch Payment Platform": Is the mechanism through which Merchants, Payment Methods, and Users are connected for the purpose of making collections or disbursements.

3.4.- "User": Is anyone who uses the "Inswitch Payment Platform" to carry out any of the enabled operations.

3.5.- "Inswitch Payments Network" or "Network": Merchants network pursuant to which (i) the Merchants hire Inswitch as a Payment Agent to offer the Inswitch Payments Network to the Merchants' customers to pay for Merchants' products and services offered on Merchants' websites and/or mobile applications and (ii) Merchants contract with Inswitch to disburse certain funds, such as rebates, commission payments to Merchants' customers who purchased products or services of the Merchants (said clients of the Merchants are the users of the Merchants)

3.6.- "Payment Agent" means a receiver of payments as a representative of a third party acting in accordance with agency laws.

3.7.- “Services”: Refers to the portfolio of functions that Inswitch offers to its clients or users.

4. USE OF INSWITCH SERVICES

By using Inswitch services, you will be able to purchase goods and/or services using online Means of payment.

You will only use the Services for lawful purposes. You will not use the Services to receive or transmit material that is obscene, harassing, defamatory, breaches confidentiality, or violates any Intellectual Property Rights or any applicable laws.

Without prejudice to the right to initiate legal proceedings or report the fact to the competent authorities, in the event that we have reason to believe that you are making an illegal and/or unauthorized use of the Services, we reserve the right to restrict your access. Illegal and/or unauthorized use of the Services includes but is not limited to:

  1. Submitting false, inappropriate, or inaccurate account details or personal data to us;
  2. Engaging in any illegal and/or fraudulent activity;
  3. Acting in a way that is detrimental to the our business or that may result in legal liability for you, us, or a third party; 
  4. Providing, creating or spreading computer viruses.

Inswitch will operate the Website with the reasonable skill and care of an online service provider in accordance with the relevant industry standard.

Inswitch will use reasonable efforts to maintain the operation of the Website and Services. Whenever it is necessary to temporarily suspend the Services for operational or other reasons, Inswitch will use reasonable efforts to restore the Website and restore the provision of the Services.

You acknowledge and agree that any payment processed through our Services may be subject to limits and conditions imposed by applicable law and regulatory authorities, and that Inswitch reserves the right to restrict the maximum amount of any transaction processed by us accordingly.

Inswitch reserves the right to refuse to process transactions through the Services when such transactions do not comply with applicable law, the codes of practice of any regulatory authority, or Inswitch 's policies or operating standards.

5. DEFINITIONS RIGHT TO MODIFY THESE TERMS

We may revise these Terms from time to time. Each time you use our Services, the then-current Terms will apply.

We reserve the right to make changes to the Website and Services from time to time without notice, provided that such changes do not have a material adverse effect on you. 

6. LIMITATION OF LIABILITY AND INDEMNIFICATION

In no event shall we, our parent, subsidiaries and affiliates, our officers, directors, agents, employees, or suppliers be liable for lost profits or any special, incidental, or consequential damages (including, without limitation, damages for loss of data or loss of business) arising out of or in connection with our website, the Inswitch services, or these Terms (however caused, including negligence) unless and to the extent prohibited by law, our liability and the liability of our parent, subsidiaries and affiliates, our officers, directors, agents, joint ventures, employees and suppliers, to you or third parties in any circumstance is limited to the actual amount of direct damages.

7. COMMUNICATIONS AND NOTIFICATION

‍When we refer to these Terms as "in writing", this will include email.

If you wish to contact us in writing for any reason, you may do so at 5220 S University Dr. STE 102C, Davie, FL 33328-5508, United States, or email us at legal@inswitch.com

If we need to contact you or notify you in writing, we will do so by email, phone, or post to the address, phone number, or email you provide as in your account details.

The provisions of this clause shall not apply to the service of proceedings or other documents in any legal action.

8. APPLICABLE LAW AND JURISDICTION

Applicable law. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of New York, United States of America.

Jurisdiction. Each party irrevocably agrees that the courts of New York shall have exclusive jurisdiction to resolve any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).

9. OTHER IMPORTANT TERMS

These Terms, together with the documents referenced in them, contain the entire agreement between us for your use of the Services.

If any part of these Terms is found to be unenforceable, that part will be enforced to the fullest extent permitted by law to give effect to the intent of the parties, and the remaining part of these Terms will continue in full force and effect.

These terms are between you and us. No other person will have the right to enforce any of its terms.

If we do not insist that you comply with any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and we will not do so, neither it means that you do not have to fulfill those obligations. In case we ever waived a breach by you, we will only do so in writing,it will only refer to the specific breach expressly defined therein and will not mean that we will automatically waive any subsequent breach by you.

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