These terms and conditions (‘Terms’), along with the other policies available on our platform form a legally binding agreement between You and Zayment Solutions Private Limited (‘Zayment’, ‘Our’, ‘Us’, ‘We’).

1. Please read these Terms carefully before accessing and/ or using the Platform.

2. If You do not agree with any part of these Terms or any other policy of Ours, kindly refrain from using Our services. We encourage you to regularly review and understand these Terms to ensure continued access and use of the Platform and its related services.

3. Introduction:

   1. Zayment is an Indian company incorporated under the Companies Act, 2013.

   2. These Terms shall apply to all persons who visit the Platform and/ or create an Account on the Platform and/ or any third party interacting with Us, directly or indirectly, with the capacity or intention to have a relationship with Us (‘You’, ‘User’, ‘Your’) as applicable.

   3. Any capitalized terms not specifically defined within these Terms will carry the meanings attributed to them under applicable law. For clarity within this document, the following terms are defined as follows:

      1. Applicable Law: Shall mean the law of India, and where context permits, the law applicable to Your jurisdiction.

      2. Cryptocurrency(ies): Denotes a cryptographically secure digital representation of value, utilising distributed ledger technology, which can be transferred, stored, or traded electronically.

      3. Parties: Where context permits, "We" and "You" may be collectively referred to as the "Parties" and individually as a "Party".

      4. Partner Sites: Encompasses the mobile applications and websites belonging to our Partners.

      5. Platform: Refers to the “https://www.endl.in/” website, application, software, accessible on mobile devices and via a desktop-based website from any computer or electronic device.

      6. Services: Pertains to the services available on the Platform, which facilitates the purchase of cryptocurrencies by users through fiat deposits.

      7. ‘User’, ‘You’, ‘Your’: Refers to any registered user of Our Platform. If You are accepting these Terms and utilising the Platform, You are affirming that you possess the requisite authorisation to do so and the authority to bind such person to these Terms.

4. Important Disclaimers and Risk Warnings

   1. Disclaimer: Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.

   2. Please be aware that trading or holding cryptocurrencies involves substantial financial risk. We strongly advise exercising caution due to the inherent high volatility. By accessing, using, or downloading Our Platform, You explicitly acknowledge and agree to the following:

      1. You are fully aware of the risks associated with the sale and purchase of cryptocurrencies;

      2. You have verified that the possession, transfer, sale, and purchase of cryptocurrencies are permitted under the laws of Your jurisdiction;

      3. We shall not be held liable for any risks or negative outcomes resulting from Your use of the Platform or the Services offered;

      4. Regulatory changes, modifications, or amendments may prohibit, restrict, or negatively impact the Services offered on the Platform, as well as Your use of its services, materials, or any information;

      5. Cryptocurrency transactions are inherently irreversible. Once You initiate a transaction, it cannot be cancelled, modified, or reversed by Us, even upon Your request;

      6. Crypto assets are highly volatile and their value can fluctuate significantly. They are susceptible to drastic price swings and could even become worthless. There is always an inherent risk of losses when buying, selling, or trading crypto assets. Furthermore, the valuation and price of a crypto asset might change after You initiate a transaction or during its processing; You are hereby expressly advised and cautioned about this risk. The value of any crypto asset is subject to market changes and associated risks, and under no circumstances shall We be liable for any such changes or fluctuations, whether occurring before, during, or after the transaction; and

      7. Crypto assets may be targets for hackers or malicious entities who could attempt to interfere with the assets, their sale/purchase, or steal them through various methods, including but not limited to: malware attacks, Distributed Denial of Service, consensus-based attacks, Sybil attacks, phishing, smurfing, and general hacking. Our Platform, Services, materials, and/or Our third-party service providers and third-party crypto asset exchanges may be subject to such targets and attacks. Notwithstanding any other provision, Zayment, its affiliates, and their respective directors, partners, officers, employees, agents, and third parties shall not be liable to You or any third party for any damages or losses arising from such incidents.

5. User Representations and Warranties: By utilising, accessing, or downloading the Platform, You affirm your agreement to these Terms and expressly represent and warrant the following:

   1. You possess full power and authority to enter into these Terms.

   2. You understand and acknowledge that We do not guarantee the suitability of any offered Services for Your specific financial needs.

   3. You are entering into these Terms as a principal party, not on behalf of any third party.

   4. Your entry into these Terms and receipt of Services will not violate any Applicable Law.

   5. You will not provide false, misleading, or inaccurate information.

   6. You will not use funds or cryptocurrencies transferred to any wallet or sub-wallet that have been acquired in violation of Applicable Law.

   7. You will not harass or engage in any harmful behaviour against Our employees, agents, or other users.

   8. You will provide any and all assistance We may require to enable Our compliance with obligations under these Terms, as well as under Applicable Law.

   9. Your ability to use the Platform may be negatively affected by Our business operations, regulatory changes, or regulatory actions.

   10. All Services on the Platform are provided on an "as is" and "as available" basis, with no further promises from Us regarding their availability.

   11. We make no representation or warranty that the Services are permissible for use in all jurisdictions; it remains Your sole responsibility to ensure compliance with the laws of Your relevant jurisdiction of residence.

   12. We are not a financial institution, bank, credit union, trust, hedge fund, broker, investment, or financial advisor, and are therefore not subject to the laws, regulations, directives, or requirements applicable to such entities.

6. Eligibility for Services: 

   1. To be eligible for any of our services, You must confirm that You meet the following criteria:

      1. You have attained the age of majority;

      2. You are competent to enter into binding contracts;

      3. You have not been previously suspended or restricted from using the Platform by Us;

      4. You are not currently subject to any sanctions, nor are You located, organised, or resident in a designated jurisdiction;

      5. You are in compliance with all Applicable Law, including those pertaining to anti-terrorism and anti-money laundering (‘AML’);

   2. By accessing, downloading, or using Our Services, You acknowledge and accept that You are the exclusive owner of Your profile. These Services are provided strictly on the condition that You operate Your own profile and do not use the Platform on behalf of any other individual or entity.

   3. We reserve the absolute right to prevent, suspend, or prohibit Your access to the platform should You violate these Terms.

   4. Upon successful registration, We will commence providing the Services on the Platform to You. It is important to note that when You redeem Our Services, we do not function as an intermediary or marketplace connecting other buyers and sellers of Cryptocurrency.

   5. We will deliver Cryptocurrency to the wallet address You specify when placing Your order, subject to these Terms.

   6. We do not create any Cryptocurrency assets ourselves. Our role is limited to executing Your orders with cryptocurrency asset custody service providers based on Your instructions. By using or accessing our Platform, You explicitly authorise Us to act on Your instructions to purchase Cryptocurrency assets at a specified price and deliver them to Your designated wallet.

   7. We do not provide wallet access, nor do We act as custodians of funds or assets.

   8. We do not offer or facilitate trading, investment, or brokerage accounts or facilities, nor do We provide investment or any other form of financial advice.

   9. Fundamentally, We are a technology solution enabling Users to purchase Cryptocurrencies via fiat deposits. To achieve this, We collaborate with various liquidity providers who furnish bank accounts for accepting User deposits and supply Cryptocurrency liquidity to fulfil User orders.

   10. We provide the Platform and the Services within it in conjunction with entities that hold the necessary licenses under Applicable Law in the jurisdictions where We operate.

7. Registration Process and KYC Completion:

   1. To access any of Our Services, registration on the Platform is mandatory. By using these Services, You agree and confirm that Your use is exclusively for Yourself and not on behalf of any third party. We reserve the sole discretion to refuse, restrict, or terminate the number of account(s) You may hold.

   2. During registration, You are required to complete Our Know-Your-Customer (KYC) process. This is crucial for Our compliance with Applicable Law, including those relating to AML, terrorist financing, fraud, and other financial crime regulations. You may need to provide personal details such as Your name, email ID, contact number, date of birth, address, or other requested information. You acknowledge and agree that access to Our Platform is contingent upon the successful completion of the KYC requirements on the Platform.

   3. By using Our Services on the Platform, You provide consent and authorisation to Zayment to conduct necessary inquiries to verify Your identity and safeguard both You and Us against fraud and financial crime. We may take actions deemed reasonably necessary based on the outcomes of these inquiries. To facilitate these checks, We may share Your collected information with third parties to prevent financial crime and implement appropriate measures as required under Applicable Law.

8. Transaction Due Diligence:

   1. Our Services offered on the Platform are governed by these Terms and are subject to currency transaction limits. We retain the right to modify these limits as deemed necessary or as required by Applicable Law.

   2. You hereby acknowledge and agree that all information furnished during account registration is true, correct, accurate, complete, and current. You commit to immediately updating Your account details without delay should any provided information change. Furthermore, You represent and warrant that You will inform Us of any previously existing accounts held by You when creating a new account.

   3. You agree not to use the Platform and its associated Services for any of the following prohibited activities:

      1. Engaging in any activity that contravenes the provisions of these Terms, along with any Platform policies as updated from time to time;

      2. Using the Platform or Services contained within it in an erroneous, fraudulent, or unauthorised manner;

      3. Engaging in any activity that circumvents Our control over the Platform or compromises any security measures;

      4. Committing any cybercrime;

      5. Committing any financial fraud or any other financial crime as recognised by Applicable Law;

      6. Spreading any software virus, computer code, or limiting the functionality of any computer resource;

      7. Disrupting or interfering with the offered Services or the Platform itself;

      8. Engaging in any activities that may be considered to be akin to money-laundering;

      9. Engaging in any activity that may violate the use, possession, and rights of intellectual property related to the Platform; and

      10. Engaging in any activity directly or indirectly prohibited, barred, or punishable under Applicable Law.

   4. We reserve the right to utilise appropriate technical tools to monitor transactions conducted via the Platform through our Services. In instances of suspected or detected fraud, suspicious activity, or any other illegal activity, We reserve the right but not an obligation to suspend, terminate, or limit Your access to the Platform and its associated Services without prior notice, or to pursue appropriate legal action with the competent authorities.

   5. All Our transaction monitoring efforts are integral to Our comprehensive compliance with applicable AML regulations. Please check our AML policy for further details.

9. Fee for Services:

   1. The fee(s) We charge will be clearly displayed on the Platform when You process a transaction. Transaction execution will only proceed after You agree to the presented rates and fees. Any applicable taxes are Your sole responsibility. You are responsible for collecting, withholding, reporting, or remitting any applicable amounts to the appropriate tax authorities as levied under Applicable Law.

   2. We determine the price of various digital currencies using multiple sources, including, but not limited to, the last-traded price from major exchange(s). Our aim is to offer competitive pricing. You acknowledge that the buying and selling of digital assets involves exchange rates that can frequently appreciate or depreciate. By accepting Our Terms, You recognise and accept that the amount displayed on the Platform might differ from the value You ultimately receive due to these fluctuations. We reserve the right to change Our rate providers at any time without prior notice to You.

10. Transmission Delays:

    1. When you place an order, we employ technical tools to facilitate its fulfilment at the moment of placement. However, order fulfilment may occasionally be delayed, and prior notification may be provided in such instances.

    2. We have no control over the transaction times within the Cryptocurrency network, and delays beyond the usual can occur. In such situations, You acknowledge and accept the risk that an order facilitated by Us may experience delays. By using or accessing Our Platform and its associated Services, You agree not to hold us responsible for any losses, damages, or injuries arising from or related to such delays.

11. Cancellation and Refunds: We bear no responsibility for any inaccuracies in the data You provide. You are obligated to verify all information thoroughly before submitting it on the Platform. All orders placed are final and cannot be cancelled or refunded. Once an order is placed and executed, it cannot be recalled or retrieved under any circumstances. All transactions are irreversible. We strongly urge You to exercise responsibility and diligence when placing and executing orders. Under no circumstances will refunds be issued.

12. Privacy and Data Protection:

    1. We collect, process, and store Your information strictly in accordance with Our Privacy Policy as available on the Platform. We may disclose collected information as per Our Privacy Policy to comply with applicable rules, regulations, and law enforcement requests.

    2. We are dedicated to protecting Your personal information and maintaining its safety, employing best practices to ensure its confidentiality, integrity, and availability.

    3. We may share collected data with third parties, in compliance with Our Privacy Policy and Applicable Law, to enable the Platform features, fulfil contractual obligations with those third parties, or as legally required.

13. Indemnity and Limitation of Liability:

    1. Neither We, nor Our directors, employees, or agents, shall be liable for any loss or damage You sustain, whether direct or indirect, as a result of using Our Platform and its associated Services. In any event, We shall not be liable for losses concerning profits, opportunity, business, savings, goodwill, Cryptocurrency, third-party claims, anticipated savings (direct or indirect), or any form of special, direct, indirect, or consequential loss.

    2. To the maximum extent permitted under Applicable Law, We disclaim all liability related to the use of Cryptocurrency, including, but not limited to:

       1. Unknown inherent technical defects;

       2. Regulatory or legislative changes; and/ or

       3. Currency fluctuation.

    3. We shall not be liable for any damage or interruption caused by computer viruses, spyware, scareware, Trojan horses, worms, or other malware that may impact Your computer resources.

    4. You acknowledge and agree to indemnify and hold Us, Our subsidiaries, affiliates, members, directors, partners, officers, employees, contractors, and agents harmless from and against any loss, liability, claim, demand, damages, costs, and expenses (including legal fees) that may arise from or in connection with:

       1. The Platform and its associated Services;

       2. Any content shared by You or other Users on the Platform;

       3. Any third-party websites or resources accessed via the Platform;

       4. Any Users of the Platform and its associated Services;

       5. Any breach of these Terms, Applicable Law, or any law or regulation in any jurisdiction applicable.

    5. In providing the Platform and its associated Services, We may offer links to external services (‘Third-Party Services’) and may display, include, or make available content, data, information, applications, or materials from these Third-Party Services. You acknowledge and agree that We are not responsible for examining or evaluating the content presented by such Third-Party Services. WE DO NOT WARRANT OR ENDORSE, NOR SHALL WE ASSUME ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICES, MATERIALS, WEBSITES, OR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES DISPLAYED BY SUCH THIRD PARTIES.

    6. Under no circumstances shall We or Our affiliates be liable for any profits or any special, incidental, indirect, or consequential damages arising from or related to these Terms.

    7. You understand and agree that, to the maximum extent permitted by Applicable Law, neither endl, its affiliates, nor any related entities, suppliers, or licensors shall be liable to You for any direct, indirect, incidental, special, punitive, exemplary, or other damages of any kind. This includes, but is not limited to, damages for loss of profits, goodwill, or other tangible or intangible losses, or any other damages. This encompasses, but is not limited to, damages resulting from:

       1. Any damage resulting from the Platform or its associated Services.

       2. The conduct of any third party utilising the Platform and its associated Services.

       3. Actions taken by Us or Our failure to act beyond a reasonable degree of care.

       4. Human errors or technical malfunctions.

       5. Any loss, damage, or injury, direct or indirect, arising from forgotten passwords, incorrectly constructed smart contracts, server failure, malfunction, misuse of service, or intangible losses.

       6. Inability to fully access the Platform or any of its associated Services.

       7. The introduction of viruses, worms, or other destructive programs, or any other commercial or economic losses.

       8. Regulatory or legislative changes.

       9. Price and market volatility of Cryptocurrencies, including lack of liquidity.

14. Term and Termination of Agreement:

    1. These Terms become valid from their upload date and remain in effect until either Party terminates them or provides written notice of termination. You may terminate these Terms immediately by providing written notice or by ceasing to use the Platform. Upon Your notice to Us, Your right to use the Platform immediately ceases.

    2. We reserve the right to terminate Your use of Our services without prior notice, particularly if You are found to be in breach of these Terms. In the event of such termination, We shall not be liable for any loss of information, damage, or any other similar loss.

    3. Unless explicitly stated otherwise, neither Party will be liable for any loss directly or indirectly caused by circumstances beyond its control. These include, but are not limited to:

       1. Acts of God;

       2. Government restrictions

       3. Exchange or market rulings

       4. Actions affecting securities, clearing, or commodity exchanges (including trading suspensions or extensions of trading hours)

       5. Dealing cut-off times and holidays

       6. Acts of civil or military authority

       7. National emergencies, epidemics, pandemics, natural disasters, wars, riots, or acts of terrorism

       8. Industrial disputes

       9. Changes or introductions of any acts or regulations by domestic or international governmental or supranational bodies and authorities

       10. The failure or malfunction of any telecommunication or computer service.

15. Notices and Complaints:

    1. All formal notices, communications, or orders pertaining to these Terms must be provided in writing and sent via electronic mail to support@endl.app.

    2. For any general queries or complaints, please provide Your name, address, and any other information required to identify You, Your account, and Your order.

    3. For law enforcement officials seeking assistance, we have specific guidelines available on the Platform.

16. Governing Law and Dispute Resolution:

    1. Your use of the Platform is governed by these Terms and will be interpreted in accordance with the substantive laws of the country where the services are provided.

    2. Users are encouraged to raise any dissatisfaction or grievances with the Services to Us for resolution. Such disputes will primarily be resolved through correspondence.

    3. Should a dispute remain unresolved, or in the event of any dispute or controversy arising from this Agreement (including questions regarding its existence, validity, or termination), it shall be referred to and finally resolved by arbitration. The arbitration proceedings will be administered by the Singapore International Arbitration Centre in accordance with its Arbitration Rules currently in force, which are incorporated by reference into this clause

    4. The seat of arbitration will be New Delhi, India. The arbitration language will be English, and the tribunal will comprise one arbitrator.

17. If any provision of these Terms is determined to be invalid or unenforceable, that provision will be limited or eliminated to the minimum necessary extent. The validity, legality, and enforceability of the remaining provisions will remain in full force and effect.

18. These Terms constitute a valid and enforceable agreement between You and Zayment Solutions Private Limited, a company registered under the Companies Act, 2013.

19. Data Protection Compliance: We consistently adhere to all applicable data protection law, and We exclusively use, collect, and process Your personal data in accordance with Our Privacy Policy for the purpose of providing You with the Services. For any data protection queries, please contact compliance@endl.app.

20. Grievance Redressal: Should you have any complaints or grievances, please do not hesitate to contact our Grievance Redressal Officer at compliance@endl.app.

21. Updates to these Terms: These Terms may be updated periodically. We reserve the right to assign or transfer Our agreement with you. We recommend that you regularly review this page for any revisions. Your continued use of the Platform and its associated Services will be considered as acceptance of all such updated terms.

For any questions regarding these terms, please contact us at support@endl.app.