Terms and Conditions

These Terms and Conditions ("T&C") establish the agreement between users ("You," "Your," "Yourself," or "User") and InstaAlap ("the Company," "We," "Us," and "Our"). By accessing or using the services provided by the Company through its website, instaalap.com (referred to as "the Website", "InstaAlap" or "Platform"), You consent to these T&C. The term "Users" collectively refers to both creators/sellers and end-users/buyers.

These Terms are considered an electronic record under the Indian Contract Act, 1872, and The Information Technology Act, 2000, along with relevant rules. Generated by a computer system, these terms eliminate the necessity for physical, electronic, or digital signatures.

If you disagree with any of the terms and conditions outlined in these Terms, kindly refrain from utilizing the Platform or its Services.

1. Eligibility Criteria

• Qualification for Access: You qualify to access Services on the Platform upon registration as a User and establishment of an Account.
• Age Requirement: The Services are inaccessible to minors, individuals under the age of 18 (eighteen), or to any Users suspended or removed by the Company. By utilizing the Platform, you confirm that you are at least 18 years old and capable of forming legally binding contracts under the Indian Contract Act, 1872.
• Account Restrictions: Users are restricted from maintaining more than one active Account on the Platform without explicit permission. It is forbidden to sell, trade, or transfer an Account to another party, or to impersonate any other individual for the purpose of creating an Account on the Platform.

2. User Account Registration Guidelines

• Account Information Accuracy: Users are responsible for ensuring that all Account information provided, including KYC and bank details, is complete, accurate, and kept up-to-date. Providing untrue, inaccurate, unauthorized, or incomplete information grants the Company the right to refuse Services to the User or freeze payouts.
• Subdomain Usage: When creating an InstaAlap account, you may claim a subdomain (e.g., yourname.instaalap.com). You must select a suitable username that avoids violating anyone's rights, including copyright and trademarks. We reserve the right to reclaim subdomains if they are offensive, violate IP rights, or involve domain squatting.
• Account Security Responsibilities: It is your responsibility to uphold the confidentiality of your Account information. The Company bears no responsibility for any losses incurred by you due to unauthorized Account usage.

3. Service Offerings

The Company provides you with the following Services through the Platform:

• Access to Software: You have access to digital products/tools in the form of Software as a Service ("Software"), enabling you to create, host, and sell digital content (files, templates, e-books, etc.) on your branded storefront.
• Monetization Assistance: You have the opportunity to monetize your services to third-party users (buyers) by utilizing the Platform's facilitation of payments. This involves the Company acting as an intermediary via third-party payment aggregators (e.g., Cashfree Payments).
• Hosting & Delivery: We provide secure cloud storage (via Cloudflare R2) to host your digital files and automate delivery to buyers via email (via Resend) upon successful payment.

4. Fees, Payments, and Settlements

• Platform Fees: InstaAlap charges a platform fee based on your subscription tier for each successful transaction, in addition to standard payment gateway processing fees. These fees are deducted automatically from the transaction amount before settlement.
• Settlement Schedule: We aim to settle your earnings to your registered bank account on a T+1 or T+2 (Transaction + 1/2 business days) basis, subject to risk checks, bank holidays, and successful KYC verification.
• Erroneous / Excess Settlement & Recovery: In the event any amount is mistakenly, erroneously, excessively or otherwise incorrectly credited or settled to a Creator due to a technical error, reconciliation issue, payment partner error, or duplicate settlement, the Creator shall have no entitlement to retain such excess amount. InstaAlap shall have the right to recover such amount by adjustment, deduction or set-off against future settlements.
• Taxes: The Creator is solely responsible for collecting, reporting, and remitting any applicable taxes (such as GST or Income Tax) arising from the sale of their digital products.

5. Prohibited Content and Conduct

You agree not to use the Platform to upload, sell, or distribute any content that:

• Infringes upon any third-party copyrights, trademarks, privacy, or intellectual property rights.
• Contains explicit, pornographic, or highly sensitive adult material.
• Promotes illegal activities, violence, hate speech, malware, or malicious software.
• Constitutes a scam, financial fraud, pyramid scheme, or misleading promises.

InstaAlap reserves the right to remove any content, suspend accounts, and freeze funds if a user is found to be in violation of these prohibited conduct rules.

6. Intellectual Property

Your Content: You retain all intellectual property rights to the digital products and content you upload to InstaAlap. By uploading, you grant InstaAlap a limited, non-exclusive license to host, display, and distribute the content solely to fulfill orders to your buyers.

Platform IP: All rights, title, and interest in and to the InstaAlap Platform (excluding User Content), including the software, visual interfaces, interactive features, design, and code, are the exclusive property of InstaAlap and its licensors.

7. Limitation of Liability and Indemnification

To the maximum extent permitted by applicable law, InstaAlap shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Platform; (b) any conduct or content of any third party on the Platform.

You agree to indemnify and hold harmless InstaAlap, its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

8. Contact Information

If you have any questions regarding our services, these Terms, or the usage of the platform, please contact us at care@instaalap.com. For validation purposes, you may be required to provide specific information, such as your registered email address or phone number, to process your service request.