Gateway Terms of Service

1. Acceptance & Scope of Agreement

By accessing, integrating, or utilizing the InstaPay IPX software gateway, application programming interfaces (APIs), software development kits (SDKs), or user portals (collectively, the “Service”), you (“Customer”, “Merchant”, or “Worker”) agree to be legally bound by these Terms of Service. If you do not accept these terms, you must immediately cease all access and integration activities.

2. Technology Gateway Role & No Custody of Funds

InstaPay IPX provides programmatic message translation, transaction preparation, compliance screening, and network dispatch services. At no time does InstaPay IPX:

• Take possession, custody, or control of your fiat funds or digital assets.
• Act as an escrow agent, fiduciary, or financial intermediary.
• Possess unilateral authority to spend, redirect, or seize user digital assets.
• Operate an exchange, brokerage, or order-matching engine.

Fiat settlements are conducted directly between sending entities and receiving recipient bank accounts via accredited financial institutions. See our Regulatory Disclosures for licensed financial institution details.

3. 2-of-3 MPC Split-Key Architecture & User Responsibility

When utilizing embedded smart wallets, key shares are provisioned under a threshold multi-party computation (“2-of-3 MPC”) design:

• Key Share A: Encrypted on the worker's local hardware device, accessible exclusively through biometric authentication (FaceID, TouchID) or Passkey/WebAuthn.
• Key Share B: Stored within an isolated, hardware-secured cloud enclave requiring multi-factor authorization.
• Key Share C: Encrypted backup share for independent identity disaster recovery.

No single party—including InstaPay IPX—possesses sufficient cryptographic material to sign or execute transactions unilaterally. You remain solely responsible for safeguarding your personal authentication credentials, hardware devices, and passkeys.

4. Blockchain Finality, Irreversibility & Slippage

Digital asset transfers submitted to decentralized ledgers—including but not limited to the Solana network, the XRP Ledger (XRPL), and Base L2—are permanent, immutable, and irreversible upon network consensus finality.

Network gas fees, base reserve fees, and liquidity pool swap rates fluctuate dynamically according to decentralized market conditions. InstaPay IPX passes through on-chain network fees at cost and disclaims all liability for fee spikes caused by network congestion.

5. Automated Fail-Closed Compliance & Sanctions Screening

To protect the integrity of the gateway and satisfy applicable Bank Secrecy Act (BSA) and anti-money laundering (AML) protocols:

• All destination addresses, recipient identifiers, and counterparties are screened in real-time against Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals (“SDN”) lists and global sanctions registries.
• Transactions triggering compliance flags will fail closed automatically (COMPLIANCE_SCREENING_FAILED) and will be quarantined or rejected without prior notice.
• Statutory cumulative transaction velocity limits ($2,000 unverified limit) are enforced. Payouts exceeding tiered limits require enhanced identity verification before execution.

6. Service Level Agreements & Latency Benchmarks

InstaPay IPX targets sub-second processing for Solana and FedNow transactions and ~3.5-second consensus on XRPL. However, stated latency benchmarks represent optimal operational conditions. InstaPay IPX does not warrant that services will be uninterrupted or error-free and shall have no liability for latency spikes or delays arising from:

• Underlying public blockchain network forks, validator halts, or consensus degradation.
• Federal Reserve FedNow or The Clearing House RTP maintenance windows.
• Partner banking core downtime or Automated Clearing House (ACH) Federal Reserve holidays.

7. Fee Schedule & Invoicing

InstaPay IPX charges a transparent platform routing fee disclosed at time of quote:

• Micro-payouts (<$20.00): 1.5% platform gateway fee.
• Standard payouts (≥$20.00): Flat $0.30 platform gateway fee.
• Instant Embedded MPC Wallet: Flat $0.50 convenience settlement fee.
• Network & Banking Passthrough: Actual on-chain gas or RTP clearing costs passed through without markup.

8. Data Segregation, Privacy Erasure & 7-Year Statutory Financial Hold

InstaPay IPX operates under strict data architecture segregation to honor individual privacy rights (GDPR Article 17 and CCPA § 1798.105) while adhering to mandatory federal and state financial recordkeeping obligations:

*Regulatory Exemption Notice: Pursuant to GDPR Article 17(3)(b) and CCPA § 1798.105(d), user deletion requests do not compel the destruction of financial records required by law for regulatory compliance, anti-money laundering investigations, and tax audit readiness.

9. Limitation of Liability & Indemnification

To the maximum extent permitted by applicable law, InstaPay IPX and its officers, directors, employees, and partners shall not be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, digital assets, or business interruption. In no event shall our total aggregate liability exceed the gateway fees actually paid by you to InstaPay IPX during the twelve (12) months preceding the claim.

10. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms shall be settled by binding individual arbitration administered by the American Arbitration Association (“AAA”).