Terms & Conditions | InstaBitATM

Acceptance of the Terms of Use

TERMS AND CONDITIONS OF USE

ATA Consulting doing business as InstaBitATM

Email: info@instabitatm.com

Website: www.instabitatm.com

Effective Date: March 21, 2024

Acceptance of the Terms of Use

These Terms of Use and any terms expressly incorporated herein (“Terms”) apply to any access to, or use of, any services made available by ATA Consulting doing business as InstaBitATM (“InstaBitATM” “we,” “us,” or “our”) using the website www.instabitatm.com (the “Site”) or our mobile applications, and to any other related services provided by InstaBitATM (collectively, the “Services”).

Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our privacy policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the privacy policy, you must not access or use the Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the change is posted by us. If we make changes, we will let you know by revising the date at the top of the Terms. Your continued use of the Sites after such posting shall be deemed to constitute acceptance by you of the changes.

ELIGIBILITY

1.1. General Requirements

The Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; (c) are not identified as a “Specially Designated National” by the Office of Foreign Assets Control; and (d) have full power and authority to agree to these Terms.

In addition, if you are accessing or using the Sites on behalf of a corporate entity, you represent and warrant that you have the right, authority, and capacity to accept these Terms on such entity’s behalf. InstaBitATM reserves the right to modify, amend, or update these Terms at any time and for any reason.

1.2. Restricted Locations

You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where InstaBitATM has determined, at its discretion, to prohibit use of the Services. InstaBitATM may implement controls to restrict access to the Services. You will comply with this Section even if InstaBitATM’s methods to prevent use of the Services are not effective or can be bypassed.

DESCRIPTION OF SERVICES

InstaBitATM provides users a platform that allows customers to buy or sell Bitcoin at a Bitcoin ATM Kiosk (“BTM” or “Services”).

You agree that InstaBitATM will not be held responsible for any losses arising from using the Site or Services.

2.1. Third Party Links/Services

In order to provide you with the best Services we partner with third parties and our website and/or Services may contain links to third-party websites or resources. You acknowledge and agree that InstaBitATM is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. When using our Services that involve third parties, we recommend that you read and accept those third party policies. If you do not accept the policies of those third party services, cease from using the Services.

InstaBitATM ACCOUNT

In order to use any Services, you must create and maintain an account through the Services (“InstaBitATM Account”) and complete our know your customer (KYC) process. You will: (a) create a unique password; (b) provide complete and accurate information; (c) promptly update any information you have provided so that the information is complete and accurate at all times; (d) maintain the security of your InstaBitATM Account by protecting your password from unauthorized access or use; (e) promptly notify InstaBitATM if you discover or suspect any unauthorized access or use of your InstaBitATM Account or any security breaches related to your InstaBitATM Account; and (f) accept all risks of any authorized or unauthorized access to your InstaBitATM Account.

As a Money Service Business (“MSB”) registered with the Financial Crimes Enforcement Network (“FinCEN”), we have certain duties to know our clients, keep records of the transactions, employ an Anti-Money Laundering (“AML”) Compliance Program, and have a dedicated Compliance Officer to monitor the transactions. We perform audits and tests of the veracity of our program and have a zero-tolerance policy when it comes to compliance. If you violate any portion of our compliance requirements, we reserve the right, at any time and for any reason, without explanation, to terminate your ability to use our Services.

We collect and record certain information from every customer that completes a transaction. Depending on the size of the transaction and the nature of our relationship, we collect:

Your First and Last Name
SMS Phone Verification;
A copy of your Driver’s License or government issued identification card;
If required, your Social Security Number or Taxpayer Identification Number;
Any other information we deem necessary based on our Anti-Money Laundering program.

We leverage this information to perform OFAC and other watchlist screening of all customers and we file Currency Transaction Reports (“CTRs”) if a customer transacts over $10,000 worth of fiat currency in a rolling 24-hour period.

You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or through other sources. Prior to your use of the Services, you must provide all information we request. You acknowledge that we will analyze and validate your identity to determine whether you qualify to perform a transaction (“Verification Process”). Your use of the Services may be delayed during the Verification Process, and we disclaim responsibility for any loss, delay or other harm relating to the delay or denial. If you do not pass the Verification Process, or if you fail to provide any of the information required to perform a transaction, you may be denied access to the Services. If you believe your access to the Services has been wrongly denied, please contact us.

You acknowledge that InstaBitATM is not responsible for the risks associated with cryptocurrency purchases, and you voluntarily assume and accept such risks in deciding to engage in cryptocurrency transactions at our BTM kiosks.

You acknowledge that each transaction is a 2-party transaction between us and you. You deposit cash into our Bitcoin ATM Kiosk, and we send you bitcoin. You must provide us with a Bitcoin Wallet Address that belongs to you. We cannot process requests to send the bitcoin to a third-party account because that would require us to have a Money Transmitters License in this state that we do not currently have.

To access the Services or any of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including but not limited to the use of any interactive features available as part of the Services, is governed by our privacy policy, and you consent to all actions we take with respect to your information consistent with our privacy policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

RISK DISCLOSURES; ASSUMPTION OF RISKS, RELEASE OF InstaBitATM

When buying or selling cryptocurrency, you are voluntarily choosing to engage in a sophisticated and risky financial transaction. You acknowledge that you are aware of the many risks associated with using our Services, including but not limited to, risks of financial loss, legal risk, or theft.

You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against InstaBitATM, and its affiliates.

SCAM ALERT

Losses due to fraudulent or accidental transactions may NOT be recoverable, and transactions in virtual currency are NOT reversible.

If anyone insists you pay in virtual currency, STOP and report the incident to local law enforcement.

The nature of virtual currency may lead to an increased risk of fraud or cyber attack.

WARNING! If someone has contacted you claiming to be from the POLICE, FBI, IRS, SOCIAL SECURITY OFFICE, US MARSHALL, BANK, MICROSOFT, APPLE, etc. then you are being SCAMMED! No law enforcement agency or tech company accepts Bitcoin. They are SCAMMERS trying to steal your money.

WARNING! If anyone other than yourself provided you with a QR code, you are being Scammed. Do not use the machine and call us right away. WE CANNOT REVERSE YOUR TRANSACTION IF YOU COMPLETE IT!

InstaBitATM disclaims any and all liability for the contents of the advertisements on its site. You represent and warrant that you have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks.

You agree that you have had whatever opportunity you deem necessary to investigate the InstaBitATM Services, laws, rules, or regulations that may be applicable to your Advertisements and that you are not relying upon any statement of law or fact made by InstaBitATM relating to the legality of selling cryptocurrency. The foregoing disclaimers apply to the maximum extent permitted by law.

Please refer to our privacy policy for information on how InstaBitATM collects, uses, and shares your information.

GENERAL SERVICE TERMS

6.1. Dispute Resolution

InstaBitATM reserves the right to resolve issues and disputes at its sole discretion. Some issues include infringement of others’ rights, violation of laws and regulations, abnormal trades, and others not explicitly mentioned in the Terms. Users agree to bear the costs arising from the process of dispute resolution.

6.2. Accuracy of Information

Users must provide any information required by any screen displayed within the Services. You represent and warrant that all information you provide via the Services is accurate and complete in all respects including the contents of your advertisements.

6.3. Compliance with Law; Taxes

You are responsible for complying with all applicable laws related to your trading activities and other use of the Services, including without limitation any reporting obligations and payment of all applicable taxes. You will determine what, if any, laws apply to you based on your country of residence. InstaBitATM has provided general information that outlines several countries’ licensing requirements for sellers of cryptocurrencies; however InstaBitATM takes no liability for any of its user’s actions. InstaBitATM recommends you consult with a lawyer prior to engaging in any transactions. Taxes may apply to your purchases or sales completed through using our Site. It is your responsibility to report and remit the correct tax to the appropriate tax authority. InstaBitATM is not responsible for determining whether taxes apply to your use of our services.

6.4. Unacceptable Use or Conduct

You will not:

Violate any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Services;
Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
Use any robot, spider, crawler, scraper, or other automated means or interface not provided by InstaBitATM to access the Services or to extract data;
Use or attempt to use another user’s account without authorization;
Introduce any malware, viruses, or other harmful material to the site;
Develop any third-party applications that interact with our Site without our prior written consent, or unless otherwise agreed;
Provide false, inaccurate, or misleading information;
Post content or communications that are libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable; or
Encourage or induce any third party to engage in any of the activities prohibited under this Section.

6.5. Service Fees

InstaBitATM reserves the rights to charge service fees on users who use its services. It is in the discretion of InstaBitATM to adjust the service fees charged to users using its services. Any tax is additional. Fees are non-refundable.

FEE Structure

The fees incurred are listed as a fixed dollar amount on the next page plus the inflated price of bitcoin from the current market rate as shown at the time of purchase on the exchange, “Kraken”. The price of bitcoin listed on the home screen at the time of purchase is the exact rate instabitatm is selling bitcoin at for that transaction. The rate can range from 5% to 25% and is not a fixed amount.

6.6 REFUND POLICY

The Company offers refunds in the following circumstances:

In the event of machine failure, such as a jam, software glitch, etc.
In the event a consumer sends less or more BTC than initially specified on the sell order, and the consumer ultimately chooses to cancel the transaction.
In the event a consumer does not pick up their cash from the BTC ATM within a certain time period.

You may contact our support team directly for additional information or assistance if you believe an error occurred and we’ll respond within 3 business days to assess if a refund is applicable and appropriate. We maintain sole discretion on whether we will refund or reimburse any cash or bitcoin sent to or taken from our machines. We will determine the refund method depending on the type of transaction and the amount. This normally would be sent as bitcoin to an address you provide or the original purchase address.

6.6 PRODUCT INSURANCE

InstaBitATM does not insure or guarantee from any agency of the United States against theft or loss, including cyber theft or theft by other means.

ELECTRONIC NOTICES

7.1. Consent to Electronic Delivery

You consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, “Communications”) that InstaBitATM provides in connection with this Agreement, your InstaBitATM Account, or any Services. You agree that InstaBitATM may provide these Communications to you by posting them via the Services, by emailing them to you at the email address you provide, sending them using an app or other messaging service to your account on the app or messaging service, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier’s normal, messaging, data, and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact InstaBitATM’s Support Team to request additional electronic copies of Communications or, for a fee, paper copies of Communications (as described below) by filing a support request at support@instabitatm.com.

7.2. Withdrawal of Consent

You may withdraw your consent to receive electronic Communications by sending a withdrawal notice to our Support Team by filing a support request at support@instabitatm.com. If you decline or withdraw consent to receive electronic Communications, InstaBitATM may suspend or terminate your use of the Services.

7.3. Updating Contact Information

It is your responsibility to keep your email address and/or mobile phone number on file with InstaBitATM up to date so that InstaBitATM can communicate with you electronically. If InstaBitATM sends you an electronic Communication but you do not receive it because your email address or mobile phone number on file is incorrect, or you are otherwise unable to receive electronic Communications, InstaBitATM will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add InstaBitATM to your email address book so that you will be able to receive the Communications InstaBitATM sends to you. You can update your email address, mobile phone number, or street address at any time by filing a support request at support@instabitatm.com. If your email address or mobile phone number becomes invalid such that electronic Communications sent to you by InstaBitATM are returned, InstaBitATM may deem your account to be inactive, and you may not be able to complete any transaction via our Services until InstaBitATM receives a valid, working email address or mobile phone number from you.

PROPRIETARY RIGHTS

8.1. Ownership of Services

The Services, Site and all technology, content, data and other materials used, displayed or provided or received by you in connection with the Services or Site (“InstaBitATM Materials”) together with all intellectual property rights in any of the foregoing are, as between you and InstaBitATM, owned by InstaBitATM.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material appearing on our Services. You must not access or use for any commercial purposes any part of the Services or any materials available through the Services.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Organization. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

8.2. Limitations

You may use the InstaBitATM Materials solely as authorized by InstaBitATM in connection with your use of the Services for as long as InstaBitATM permits you to continue to access the Services. Without limiting the foregoing: you will not (a) modify or create derivative works of the Site, Services or InstaBitATM Materials, or any portion thereof, or any data or information received by you in connection therewith; (b) frame, display or incorporate the Site, Services or InstaBitATM Materials in any website or any other work of authorship; (c) decompile, disassemble, reverse engineer or attempt to discover the source code of the Site, Services or InstaBitATM Materials; or (d) otherwise use the Site, Services or InstaBitATM Materials for any commercial or noncommercial purpose other than their intended purposes determined at InstaBitATM’s discretion. “InstaBitATM”, any product or service names, logos, and other marks used on the Site or InstaBitATM Materials, or otherwise in connection with the Services, are trademarks owned by InstaBitATM or its licensors. You may not copy, imitate or use them without InstaBitATM’s prior written consent.

8.3. Feedback

InstaBitATM will own any feedback, suggestions, ideas, or other information or materials that you provide, whether by email, posting through the Services or otherwise (“Feedback”). You hereby assign to InstaBitATM all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.

8.4. User Content

When you agree to these Terms of Service, InstaBitATM grants you a limited, revocable, non-exclusive, non-assignable license to use InstaBitATM in compliance with these Terms; unlicensed use is unauthorized.

You hereby grant to InstaBitATM a royalty-free, fully paid-up, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any text, information, data, materials, images, or other content you provide to InstaBitATM using the Services or submit or post to the Site and that is not Feedback owned by InstaBitATM (the “User Content”). You represent and warrant that: (a) you own the User Content or have the right to grant the rights and licenses in these Terms, and (b) the User Content and use by InstaBitATM of the User Content as licensed herein does not and will not violate, misappropriate or infringe on the rights of any third party. InstaBitATM may remove any User Content from the Site for any reason at InstaBitATM’s discretion.

DISLAIMER OF WARRANTIES

To the maximum extent permitted under applicable law, the site, the services, the InstaBitATM materials and any product, service or other item provided by or on behalf of InstaBitATM are provided on an “as is” and “as available” basis and InstaBitATM expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, InstaBitATM does not represent or warrant that the site, the services or InstaBitATM materials are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.

You acknowledge that your user data may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, viruses or other harmful materials, protocol changes by third party providers, internet outages, force majeure event or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.

The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction where you reside.

INDEMNIFICATION

You will defend, indemnify, and hold harmless InstaBitATM, its Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, the Services; (b) any User Content you provide; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, InstaBitATM (or, at InstaBitATM’s discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether InstaBitATM wishes to settle, and if so, on what terms.

DISLAIMER OF DAMAGES

In no event will InstaBitATM, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other business or financial benefit) arising out of or in connection with the site, the services, the InstaBitATM materials, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of InstaBitATM, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence of InstaBitATM), even if InstaBitATM has been advised of the possibility of such damages.

LIMITATION OF LIABILITY

In no event will the liability of InstaBitATM, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of or in connection with site, the services, the InstaBitATM materials, advertisements found on the site, any performance or non-performance of the services, or any other product, service or other item provided by or on behalf of InstaBitATM, whether under contract, statute, strict liability or other theory (including, for avoidance of doubt, any negligence of InstaBitATM) exceed the amount of the fees paid by you to InstaBitATM under this agreement in the twelve-month period immediately preceding the event giving rise to the claim for liability.

DISPUTE RESOLUTION; ARBITRATION; WAIVER OF CLASS ACTION

All disputes, controversies or claims arising out of or relating to these Terms or the Services, will be resolved through confidential binding arbitration in Delaware.

Each of you and InstaBitATM disclaims the applicability of any and all of the Consumer Rules in your jurisdiction. By agreeing to these Terms of Service you are agreeing that (1) any rules, laws, or regulations governing “consumer” arbitrations are inapplicable, (2) arbitration of any dispute arising out of or relating to your use of the Services and (3) you specifically waive any right to arbitrate in any other location, including your hometown.

With respect to disputes subject to arbitration pursuant to this section 13, both you and InstaBitATM are giving up the right to litigate (or participate in as a party or class member) those disputes in court before a judge or jury.

GOVERNING LAW

The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of Delaware without regard to conflict of law rules or that would cause the application of the laws of any other jurisdiction. You agree that InstaBitATM may initiate a proceeding related to the enforcement or validity of InstaBitATM’s intellectual property rights in any court having jurisdiction. You waive any objection to venue in any such courts.

These Terms of Use are governed by and construed in accordance with the internal laws of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Services shall be instituted exclusively in the courts of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

MISCELLANEOUS

16.1. Remedies

If you violate any of these Terms, InstaBitATM may, as it determines reasonably necessary to remedy or mitigate your violation, delete all or part of such information transmitted by you and suspend or cancel your account. InstaBitATM shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by InstaBitATM pursuant to this paragraph. Any right or remedy of InstaBitATM set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under statute, at law or in equity.

16.2. InstaBitATM Affiliates and Contractors

An “Affiliate” is, with respect to a legal entity, another legal entity that controls, is under common control with, or is controlled by the first legal entity. The Site and any Services may be operated or provided by InstaBitATM, its Affiliates, or their respective contractors. To the extent that an Affiliate of InstaBitATM, or contractor of InstaBitATM or an Affiliate of InstaBitATM, is operating or providing any Services, the Affiliate or contractor’s provision of such Services will be under terms identical to these Terms substituting the Affiliate or contractor’s name wherever InstaBitATM’s name occurs in these Terms.

16.3. Nonwaiver

InstaBitATM’s failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.

16.4. Severability

The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.

16.5. Force Majeure

InstaBitATM will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of InstaBitATM, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.

16.6 Assignment

You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. InstaBitATM may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

16.7. Headings

Headings of sections are for convenience only and shall not be used to limit or construe such sections.

16.8. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

16.9. Entire Agreement

These Terms constitute the entire agreement between you and InstaBitATM regarding your use of the Sites, superseding any prior version of these Terms between you and InstaBitATM with respect to the Sites. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Your Comments and Concerns

The Services are operated by: InstaBitATM.

All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to support@instabitatm.com.

Washington State Terms and Conditions

1.0 Fee Structure

2.0 Deposit Insurance

Deposits are not guaranteed by any agency of the United States.

3.0 Irreversible Transactions and Scam Warning

Losses due to fraudulent or accidental transactions may NOT be recoverable, and transactions in virtual currency are NOT reversible.

If anyone insists you pay in virtual currency, STOP and report the incident to local law enforcement.

If someone has contacted you claiming to be from the POLICE, FBI, IRS, SOCIAL SECURITY OFFICE, US MARSHALL, BANK, MICROSOFT, APPLE, etc. then you are being SCAMMED!

If anyone other than yourself provided you with a QR code, you are being Scammed. Do not use the machine and call us right away. WE CANNOT REVERSE YOUR TRANSACTION IF YOU COMPLETE IT!

ATA Consulting doing business as InstaBitATM

Website: https://instabitatm.com/

Email: info@instabitatm.com

FinCEN Registration Number: [31000179986719]

Last updated: March 11, 2021

ACCEPTANCE OF THE PRIVACY POLICY

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use our Services, and informs You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Services. By using our Services, You agree to the collection and use of information in accordance with this Privacy Policy.

INTERPRETATION AND DEFINITIONS

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to the ATA Consulting doing business as InstaBitATM.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Website refers to ATA Consulting doing business as InstaBitATM, accessible from https://instabitatm.com/
Service refers to the Bitcoin ATM kiosks.
Country refers to: United States
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Personal Data is any information that relates to an identified or identifiable individual.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

COLLECTING AND USING YOUR PERSONAL DATA

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

First name and last name
Phone number
Address, State, Province, ZIP/Postal code, City
Date of Birth
Legal identity document
If required, your Social Security Number or Taxpayer Identification Number
Proof of Address in some cases
Usage Data

We do not use any automatic decision-making, or profiling technology when opening accounts for our customers.

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service.

You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including monitoring the usage of our Service.
To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
To manage Your requests: To attend and manage Your requests to Us.

We may share your personal information in the following situations:

With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other place where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

The only time we will share your data with another party is if we are required by law and are compelled to do so by subpoena, court order, or a similar legal procedure, as described below.

Business Transactions. If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
Law enforcement. Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).The Company may also disclose Your Personal Data in the good faith belief that such action is necessary to:

o Comply with a legal obligation

o Protect and defend the rights or property of the Company

o Prevent or investigate possible wrongdoing in connection with the Service

o Protect the personal safety of Users of the Service or the public

o Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

General Data Protection Regulation (GDPR)

As explained above, we collect Personal Information in various ways depending upon your use of our Site. We process Personal Information on the following legal bases: (1) with your consent; (2) as necessary to perform our agreements; and (3) as necessary for our legitimate interests in providing services where those interests do not override your fundamental rights and freedom related to data privacy.

The United States may not have protections in place for personal data as extensive as those within the EEA and may not provide adequate protection for personal data within the meaning of the GDPR. You may refuse to give or revoke your consent to this storage of your personal data at any time by emailing us with the subject line “Revoke EEA data consent.” If you are an individual located in the EEA and you decline to consent, you will no longer be able to use our services.

We store your Personal Information in Firestone, a Google Cloud US-based server head quartered at 1600 Amphitheatre Pkwy, Mountain View, CA 94043. We also share data with Blockpass, a Company that provides KYC-as-a-Service for Regulated Industries, located at UK Limited of 7 Bell Yard, London, England, WC2A 2JRL.

We process personal data based on consent according to Art. 6(1)(a) GDPR, which you are free to give or refuse. You’ll see consent options when you visit our website for the first time. You can change your decisions at any time by clicking the button below. If you change your decision it will not affect the lawfulness of processing based on consent before its withdrawal.

We are required by FinCEN to store some aspects of your personal data for five years, this includes information used to make certain filings including Currency Transaction Reports.

We do not use any automated decision-making, or profiling.

Your Rights

You have the right to request access to, and rectification or erasure of personal data, and have the right to object to processing as well as the right to data portability. You also have the following rights:

the right to be informed
the right of access
the right to rectification
the right to erasure
the right to restrict processing
the right to data portability
the right to object

You may exercise these rights by reaching out to our Data Control Officer by emailing support@instabitatm.com.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We will occasionally update this Privacy Policy. When changes to this Privacy Policy will be posted, the date at the top of this Privacy Policy will be revised. We recommend checking our website from time to time to inform yourself of any changes in this Privacy Policy or any of other policies.

By emailing us at info@instabitatm.com or by visiting this page on our website: https://instabitatm.com/.

Important Information About Procedures for Conducting Transactions:

To help the government fight the funding of terrorism and money laundering activities, federal law may require us to obtain, verify, and record information that identifies each person who conducts a transaction involving the sale or exchange of virtual currencies.

What this means for you:

When you conduct a transaction with us, we may ask for your name, address, date of birth, and other information that will allow us to identify you, including your Social Security number. We may also ask to see your driver’s license or other identifying documents.