INSTO User Agreement

Download PDFLast Updated: November 22, 2017

This User Agreement is between a user and Installments Inc. [“INSTO”], where “user” means any person or entity who “uses” the INSTO payments platform app (mobile or desktop versions or the website) by doing any of the following: downloading the app, registering as a user on the app, entering payment method or bank account information on the app, using the app to offer to pay [as a Buyer] or create a bill [as a Seller], using the app to enter into a transaction as a Buyer or Seller, and any other actions utilizing the functions or features of the app.

1. Agreement

By any such use of the app, user agrees to the terms of this User Agreement and accepts the rights and duties stated between user and INSTO and between user and another user [e.g., as Buyer or Seller].

2. Relationships of the Parties in an INSTO Payment Transaction

By entering into a payment transaction as a Buyer or Seller using the INSTO app, the user has entered into a legally binding payment contract associated with an underlying bilateral commercial contract between Buyer and Seller for transfer of goods or services or other consideration.

Buyer and Seller authorize INSTO or a person appointed by INSTO to use their registered payment method and bank account information to settle the payment obligations incurred by Buyer pursuant to such payment transaction.

INSTO or a person appointed by INSTO acts as a payment facilitator on behalf of the parties, acting in effect as an agent of the Seller / payee, where payment from Buyer through INSTO constitutes fulfillment of Buyer's payment obligation to Seller. Seller appoints INSTO or a person appointed by INSTO as its non-exclusive agent to receive payments from Buyer.

INSTO or any person appointed by INSTO is not a party to the underlying commercial contract between users [Buyer and Seller] for which INSTO is being used as a payment platform.

3. Rights and Responsibilities of the Parties

3.1 Duties of the User

User will only enter into the INSTO app accurate, legitimate user information [personal or business information, payment method information and bank account information]; and will update such information if it changes. A business user represents that it has authority to act on behalf of the business. User will maintain the security of user's password and will immediately notify INSTO of any unauthorized use of user's account.

User will only use INSTO as a payment platform for settlement of payments associated with an underlying commercial transaction with user's user counterpart [buyer / seller] on INSTO. User will not use the INSTO payment platform for any money transmission not associated with such an actual transaction.

User will not cancel a scheduled payment transaction except in accordance with the fulfillment or cancellation of the underlying commercial contract between user and user's user counterpart on INSTO.

User grants INSTO or a person appointed by INSTO the right to verify user's personal, business, payment method and bank account information, and the right to access third parties' reports regarding user's credit record.

User will not use the INSTO payment platform for any transactions that are illegal or in violation of the regulations of user's payment method or bank. User is responsible for user's own tax obligations.

3.2 Rights and duties of INSTO

INSTO can, for any reason, at its own discretion and without notice, decline to allow user to use the INSTO payment platform. If INSTO suspects the legitimacy of a transaction, or if there is any dispute, chargeback or other claim related to a transaction, INSTO may delay payments for a reasonable period required to resolve such issues.

INSTO is in no case liable for the performance of or damages related to the commercial contract underlying an INSTO payment transaction, whether regarding delivery or quality of goods of services or payment for such. INSTO is not responsible for any refunds or transaction disputes related either to the commercial contract underlying an INSTO scheduled payment transaction or to the scheduled payments themselves.

When INSTO charges a service fee, INSTO may deduct such fee from user's payment method, bank account or INSTO scheduled payment. INSTO will comply with all relevant data protection and privacy laws and regulations.