User Agreement
This User Agreement ("Agreement") is between Infinity (as defined below) and you, the person or entity accessing or using any of our Services (collectively, "you" or "your"). Infinity and you are each referred to as a "Party" and collectively as the "Parties."
Acceptance of Terms
Before using our Services, please carefully review this User Agreement, the Infinity Privacy Policy, and all other applicable rules, policies, and terms posted on https://www.infinityapp.in (the "Website"). These documents collectively form the "Infinity Account Terms."
By accessing or using our Services or creating a Platform Account, Direct User Account, or Connected User Account, you agree to be bound by the Infinity Account Terms. If any third parties access the Website or Services through your account, you agree that they will also be bound by these terms, and you are responsible for informing them of these terms before their use.
If you do not accept these terms, you may not use Infinity Services or access the Website.
Amendments
We reserve the right to modify the Infinity Account Terms at any time. Amendments become effective immediately upon posting to our Website. We will make reasonable efforts to notify you of material changes through email, in-app notifications, or other means.
You are responsible for reviewing the Infinity Account Terms periodically. If you do not agree with any amendments, you must stop using the Services. Your continued use after amendments are posted constitutes acceptance of the modified terms.
A. INTERPRETATION
Number and Gender. Words in the singular include the plural and vice versa. Words of any gender include all genders.
Successors and Assigns. References to any party include their personal representatives, successors, and permitted assigns.
Statutory References. References to any statute or statutory provision include all amendments, extensions, re-enactments, and subordinate legislation made under that statute.
Precedence. In case of conflict between the main body of the Infinity Account Terms and any schedules or annexures, the main body prevails unless a schedule or annexure expressly states otherwise.
Writing. References to "writing" or "written" include email and other electronic communications.
Negative Obligations. Any obligation not to do something includes an obligation not to permit that thing to be done.
B. DEFINITIONS
Capitalized terms used in these Infinity Account Terms that are not defined inline have the following meanings:
"Account" means your digital account with Infinity that grants you access to the Services. Your Account may be a Direct User Account, Platform Account, or Connected User Account, depending on your relationship with Infinity.
"Account Information" means all information required by Infinity to open and maintain your Account, including know-your-customer (KYC) information, anti-money laundering (AML) information, Transaction information, and any other information or documents reasonably requested by Infinity to provide the Services.
"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with another entity. "Control" means ownership of more than 50% of voting stock, or the power to direct management, policies, or operations through contractual arrangements or other means.
"API" means the application programming interface—including protocols, endpoints, and tools—provided by Infinity that enables you to develop and customize your own dashboard or interface to access the Services. Infinity may update API functionalities from time to time.
"API Documentation" means the API reference guide available at https://docs.infinityapp.in.
"Applicable Law" means any law, statute, regulation, rule, order, circular, decree, directive, judgment, or decision of any governmental authority with jurisdiction over the relevant party or subject matter.
"Balance" means funds received from or on your behalf, displayed in your Account for informational purposes.
"Base Currency" means the primary currency of the country in which Infinity operates.
"Beneficiary" means the recipient you designate to receive funds in a Transaction.
"Business Day" means any day other than Saturday, Sunday, or a national or banking holiday in countries affected by the Transaction.
"Buyer" means a person who purchases goods or services from a Merchant.
"Confidential Information" means the Infinity Account Terms and any technical, customer, proprietary, or business information of a Party that: (i) is reasonably understood to be confidential; (ii) is disclosed in writing marked "confidential" or "proprietary"; or (iii) is disclosed orally and identified as confidential at the time of disclosure, and subsequently summarized in writing within fourteen (14) days.
"Dashboard Services" means the Account-based services accessible at https://dashboard.infinityapp.in, including Account creation, client and invoice management, Transaction creation and tracking, Balance viewing, and payout withdrawals.
"Fee Schedule" means the schedule of fees agreed between you and Infinity, or in the absence of a separate agreement, the fees listed on the Website for the relevant Services.
"Force Majeure Event" means any event beyond a Party's reasonable control, including strikes, fires, floods, natural disasters, governmental actions, pandemics, acts of terror, cyberattacks, telecommunication or power disruptions, supplier failures, or acts of God.
"Governmental Requirement" means any law, regulation, decree, directive, or requirement of a Regulator or similar authority, whether domestic or foreign.
"Grievance Redressal Policy" means Infinity's grievance redressal policy, as may be updated from time to time.
"Infinity" means:
Scalifi Wealth Private Limited if you are accessing or using the Website, Dashboard Services, or APIs;
Anant Labs Inc. if you are a merchant in India receiving payments from buyers outside India; or
Anant Labs Canada Inc. if you are a merchant in India using multi-currency collection services.
"Infinity IP" means all intellectual property rights owned by or licensed to Infinity, including: (i) patents and patent applications; (ii) copyrights and copyright registrations; (iii) trademarks, service marks, trade names, and logos; (iv) trade secrets and confidential information; (v) domain names and URLs; (vi) mask works; and (vii) all other proprietary rights related to the Website, Dashboard Services, APIs, and other Services, in any media worldwide.
"Merchant" means a person who sells goods or services to a Buyer.
"Privacy Policy" means Infinity's privacy policy, available at https://docs.infinityapp.in/privacy-policy, as may be updated from time to time.
"Product" means goods or services purchased by a Buyer from a Merchant.
"Prohibited Business List" means Infinity's list of prohibited businesses, available at https://docs.infinityapp.in/prohibited-business, as may be updated from time to time.
"Regulator" means any government department, agency, or authority responsible for overseeing laws, regulations, or rules related to the Services, with jurisdiction over Infinity, the Services, or any Transaction.
"Sanctions" means economic or financial sanctions or trade embargoes imposed by any jurisdiction, including those maintained by: (i) the UK's HM Treasury; (ii) the European Union; (iii) the US Office of Foreign Assets Control (OFAC); (iv) the United Nations Security Council; or (v) any other relevant sanctions authority.
"Services" means collectively the services provided by Infinity, including the Website, Dashboard Services, Accounts, and APIs.
"Transaction" means any financial operation to transfer funds from a payer to a payee through the Services.
"Transaction Request" means a request you submit to Infinity to execute a Transaction.
C. SCOPE OF SERVICES
Service Description. These Infinity Account Terms govern the Services that Infinity provides to you. Additional details about specific Services are available through our API Documentation, software libraries, and other resources on the Website.
Service-Specific Terms. Certain Services may require additional or different terms beyond those in these Infinity Account Terms. Where applicable, you agree to execute a separate service addendum ("Service Addendum") containing service-specific terms. Each Service Addendum is incorporated into and governed by these Infinity Account Terms. If there is any conflict between a Service Addendum and these Infinity Account Terms, the Service Addendum prevails, but only for the specific Service it covers.
Third-Party Service Providers. Infinity uses third-party service providers—including banks, payment processors, and technology vendors—to deliver the Services. You acknowledge that these third parties may impose their own terms and conditions, and you agree to comply with such terms where applicable.
Services Exclusions. The Services do not include: (i) physical delivery of goods or services; or (ii) regulatory reporting, compliance filings, or submissions on your behalf.
Merchant Responsibilities. If you are a Merchant, you are solely responsible for the Products you sell, including their quality, merchantability, and delivery. Infinity has no liability for any issues related to the sale, delivery, non-delivery, or delay in delivery of Products.
D. ELIGIBILITY
You are eligible to access and use the Services only if you:
are at least 18 years of age;
are not insolvent or subject to bankruptcy proceedings;
have the legal capacity to enter into binding contracts under Applicable Law;
provide all Account Information and documentation requested by Infinity; and
successfully complete Infinity's identity verification and due diligence processes as described in Section E below.
Infinity reserves the right to deny or terminate access to the Services if you do not meet these eligibility requirements.
E. DUE DILIGENCE AND VERIFICATION
Information Requirements. Infinity may request Account Information from you (and, if you are a partnership or corporate entity, from individuals associated with your business, including directors, beneficial owners, and authorized representatives) during onboarding or at any time while providing Services. This may include information about your bank accounts and Transactions.
Purpose of Information Collection. Infinity collects and uses Account Information to: a. provide and improve the Services; b. verify your identity and the authority of your business representatives; c. comply with anti-money laundering (AML), counter-terrorism financing (CTF), and information security requirements; d. analyze and enhance Service quality; e. screen you and associated individuals against sanctions lists, politically exposed persons (PEP) databases, and adverse media; f. ensure you do not engage in businesses on Infinity's Prohibited Business List or prohibited under Applicable Law; g. verify the legitimacy of your Transactions; h. detect unusual, atypical, or suspicious activity; i. prevent, detect, investigate, and prosecute fraud and other crimes; and j. meet domestic and international legal, regulatory, and compliance obligations, including Know Your Customer (KYC) and AML requirements applicable to Infinity and its Affiliates.
Your Obligations. You acknowledge and agree to: a. cooperate with Infinity's due diligence processes and provide accurate, complete, and current Account Information as requested; b. promptly notify Infinity of any changes to your Account Information, including changes to your business activities, ownership structure, beneficial owners, or authorized representatives; c. grant Infinity the right to use your Account Information to provide the Services; and d. ensure all Account Information you provide is accurate and complete, and not withhold any information that would make it misleading.
Information Sharing. You authorize Infinity to disclose your personal data, sensitive personal data, Account activity, and Transaction information to: a. service providers, banks, and payment processors on a need-to-know basis to provide the Services or comply with legal obligations; and b. Regulators, auditors, or government agencies to satisfy regulatory requirements, audits, or information requests.
Privacy. Infinity's Privacy Policy governs all personal data and sensitive information you provide to Infinity.
Indemnification. You will indemnify and hold Infinity harmless from any losses or liabilities arising from your failure to comply with these obligations.
Infinity's Rights. Infinity reserves the right to: a. delay Account opening or temporarily or permanently suspend your Account if you fail to provide requested Account Information; b. request additional documentation or information at any time, including after Account opening, to fulfill the purposes outlined in subsection (2); c. refuse to process any Transaction that appears suspicious, illegal, fraudulent, or in violation of these Infinity Account Terms; d. update its due diligence processes to comply with regulatory changes or industry standards, with notice of material changes provided in accordance with these Infinity Account Terms; and e. engage third-party service providers to conduct due diligence checks.
No Verification Obligation. Infinity is not obligated to verify the authenticity or accuracy of Account Information you provide and is not liable for any losses resulting from reliance on such information.
Consequences of Non-Compliance. Failure to provide accurate, current information or to cooperate with due diligence processes may result in suspension or termination of your Account.
F. TRANSACTION REQUESTS
Submitting Requests. You may submit Transaction Requests through the Services. Infinity may decline any Transaction Request at its discretion, without liability, for any reason including risk management concerns or suspected fraudulent activity.
Transaction Delays or Failures. Transactions may be delayed or not completed if: a. circumstances beyond Infinity's control prevent or restrict execution of the Transaction; b. executing the Transaction would violate Applicable Law or any Governmental Requirement; or c. the Transaction is flagged for potential Sanctions violations, fraud, money laundering, terrorism financing, or other suspicious activity.
Notification of Failures. Infinity will notify you as soon as reasonably possible, and no later than the next Business Day, if a Transaction cannot be executed. We will provide the reason for the failure unless legally prohibited from doing so.
Retry After Failure. If a Transaction fails and the issue preventing execution can be resolved, Infinity will attempt to complete the Transaction once the impediment is removed or any errors are corrected, to the extent legally permissible.
Authorization Assumption. Infinity will assume that all Transaction Requests submitted through your Account are properly authorized by you. Infinity is not liable for any losses or damages resulting from unauthorized, inaccurate, or fraudulent Transaction Requests.
Commercial Disputes. You agree not to involve Infinity in any disputes, litigation, or claims between you and your counterparties related to the underlying goods or services being exchanged.
G. FEES AND CHARGES
You agree to pay fees for the Services as specified in the applicable Fee Schedule.
Infinity may deduct any amounts owed to it—including fees, chargebacks, penalties, or other liabilities (whether actual, contingent, liquidated, or unliquidated)—directly from your Balance.
If your Balance is insufficient to cover amounts owed to Infinity, its Affiliates, or affected customers, you remain fully liable for the shortfall. You must pay the outstanding amount immediately upon demand. You agree to cooperate with any necessary steps to resolve the matter, including reversing the underlying transaction and complying with applicable legal and regulatory procedures.
All payments must be made in full without any set-offs or deductions. If Applicable Law requires you to withhold taxes or make other deductions from payments to Infinity, you must pay additional amounts to ensure Infinity receives the full amount it would have received absent such withholding or deduction.
H. BALANCE
You can view your Balance through the Dashboard Services or APIs.
Funds shown in your Balance are held separately from Infinity's own funds in a dedicated bank account maintained with a reputable financial institution.
You have no ownership rights, withdrawal rights, or entitlement to interest on funds held in these designated bank accounts.
Infinity maintains appropriate access controls and security measures on designated bank accounts to prevent unauthorized access or misappropriation of funds.
Infinity will transfer funds to the Beneficiary within the timeframes specified when you submit your Transaction Request, subject to the following: a. settlements are processed by Infinity's banking partners through standard banking channels and are subject to their compliance verification and screening procedures; b. settlement times may be affected by factors outside Infinity's control, including system outages, cyberattacks, network disruptions, banking system changes, regulatory investigations, or shifts in compliance requirements; and c. Infinity may cancel, reverse, withhold, or adjust any Transaction if: (i) an error or omission requires correction; (ii) your counterparty requests a reversal due to your failure to fulfill your obligations; (iii) payment has not been received in full or on time; or (iv) Infinity has other legitimate grounds to do so.
Funds that remain inactive in your Account for 365 consecutive days without instructions from you will be deemed abandoned. Infinity may convert abandoned funds (less any amounts owed to Infinity) to the Base Currency and transfer them to your default bank account on record. You authorize Infinity to take necessary steps to complete such transfers and agree to indemnify Infinity for any losses arising from the transfer. Infinity's obligations regarding abandoned funds terminate upon transfer.
Balance information displayed via the Dashboard or APIs is provided for informational purposes only and represents funds pending settlement—not deposits or obligations of Infinity or its banking partners. You acknowledge that you are not entitled to interest or other earnings on funds pending settlement, and you may not assign or transfer any rights to funds held in your Account.
I. ACCOUNT HOLDS
Infinity may place a hold on your Account, in whole or in part, under the following circumstances: a. Infinity detects fraudulent, suspicious, or unusual activity on your Account; b. Account Information you provided is incorrect, incomplete, unauthorized, or misleading; c. you or your business is flagged for Sanctions violations, fraud, money laundering, terrorism financing, or other illegal activities by Infinity, its banking partners, or payment service providers; d. a Regulator directs Infinity, its banking partners, or payment service providers to suspend or investigate your Transactions; e. you fail to provide Account Information requested by Infinity for purposes outlined in these Infinity Account Terms; f. Infinity receives notice from a banking partner or Regulator concerning you, your Account, or any Transaction; or g. Infinity identifies other risks related to you or your Transactions.
While a hold is in effect and Infinity investigates the underlying issues: a. you may not open another Account with Infinity, directly or indirectly; b. Infinity may suspend pending Transactions; c. you cannot submit new Transaction Requests; and d. you cannot access, withdraw, or perform any activities with funds in your Balance.
Infinity may also place partial holds on specific Transactions based on its risk assessment. Your rights regarding those Transactions will be suspended until the hold is resolved.
Holds will be visible through the Dashboard Services. Infinity will make reasonable efforts to notify you of the reason for the hold and any information, documents, or actions needed to complete its investigation.
However, Infinity may be unable to provide notice of a hold if: a. Applicable Law, Governmental Requirements, or contractual obligations with banking partners or payment service providers prohibit such disclosure; or b. disclosure would compromise Infinity's investigation.
After completing its investigation, Infinity will, at its sole discretion: a. release the hold if the identified risks are satisfactorily resolved, allowing you to resume Account activities or the affected Transactions; or b. permanently deactivate your Account and terminate these Infinity Account Terms if the risks persist.
J. RESERVES
If Infinity reasonably anticipates potential losses from chargebacks, fraud, penalties imposed by banking partners or payment service providers, or other risks related to your Transactions, Infinity may withhold a portion of Transaction amounts as a reserve. The reserve percentage will be determined by Infinity at its discretion based on the level of risk.
Infinity will notify you of any reserve, including the reasons for it and conditions for releasing the funds, unless providing such notice would undermine the purpose or effectiveness of the reserve.
Infinity is not liable for actions taken in establishing, managing, or releasing reserves, provided such actions are taken in good faith and in accordance with these Infinity Account Terms.
K. GRIEVANCES AND SUPPORT
If you have any concerns, complaints, or feedback regarding the Services, please contact us at support@infinityapp.in. For detailed information on our complaint resolution process, please refer to our Grievance Redressal Policy.
L. USE OF THE WEBSITE, DASHBOARD, AND APIs
Your Responsibility for Access. You are solely responsible for providing and maintaining, at your own expense, all equipment, software, systems, and facilities necessary to access and use the Services.
Prohibited Content. You agree not to publish, post, or transmit any content through the Website or Dashboard that: a. infringes the rights of others, including content you do not have authorization to use; b. is defamatory, pornographic, obscene, exploitative of minors, invasive of privacy, harassing based on gender or other protected characteristics, libelous, racially or ethnically offensive, or promotes illegal activities such as money laundering or gambling; c. is harmful to children; d. violates intellectual property rights, including copyrights, trademarks, or patents, or is deceptive or misleading about its origin; e. impersonates another person or entity; f. threatens national security, public order, or international relations, or incites criminal activity; g. contains malicious code, viruses, or any software designed to disrupt, damage, or limit computer functionality; h. is deliberately false or misleading and intended to harass or cause financial or personal harm; or i. violates any Applicable Law.
Account Security. You must keep all credentials and access information (including passwords) secure and confidential. Unauthorized access to the Services through your Account constitutes a material breach of these Infinity Account Terms. You are solely responsible for all activities conducted through your Account, including Transactions initiated by any person using your credentials.
Service Availability. Infinity does not guarantee uninterrupted access, specific service levels, or continuous availability of the Services. Infinity is not liable for losses or damages resulting from service interruptions, system downtime, or technical issues.
Geographic Restrictions. Infinity may restrict access to the Services from certain locations at its discretion.
Third-Party Actions. Infinity is not liable for errors, delays, disputes, refunds, chargebacks, reversals, or other losses caused by third parties, including banking institutions or payment service providers.
Network and Platform Limitations. Infinity is not responsible for delays, disruptions, or failures resulting from data transmission over telecommunications networks or the internet. You acknowledge that the Services may be subject to limitations inherent in such networks. Infinity does not guarantee that the Services will be accurate, reliable, complete, or always available. If the Services allow you to interact with third-party platforms, Infinity has no responsibility or liability for those platforms.
Security Incidents. Infinity is not liable for disruptions, losses, damages, or costs arising from: (a) unauthorized access to your Account or data due to hacking, tampering, or other security breaches; or (b) bugs, viruses, or harmful code transmitted to or through the Services.
M. YOUR OBLIGATIONS AND RIGHTS
Compliance with Law. You must access and use the Services in compliance with all Applicable Law. This includes ensuring that all Transactions you submit through Infinity comply with relevant legal requirements.
Prohibited Activities. You will not use the Services for any criminal or illegal purposes, including money laundering, terrorism financing, round-tripping, or transactions with sanctioned persons or entities.
Business Use Only. You may only use the Services for your own legitimate business and commercial purposes. You may not use the Services on behalf of other persons or entities without proper authorization.
Transaction Restrictions. You will not use the Services to: (i) send or receive personal remittances; (ii) make payments prohibited under Applicable Law; or (iii) conduct transactions related to activities listed on the Prohibited Business List.
Responsibility for Authorized Users. You are fully liable for the acts and omissions of any authorized users or persons acting on your behalf.
Commercial Disputes. You will not involve Infinity in any disputes or litigation related to the underlying goods, services, or commercial arrangements, including matters concerning quality, quantity, delivery, or specifications.
Protection of Infinity's Reputation. You will not engage in any conduct that could harm Infinity's goodwill, reputation, or business interests.
N. REPRESENTATIONS AND WARRANTIES
Mutual Representations. Each Party represents and warrants that: a. it is duly organized and validly operating under Applicable Law; b. it has full power and authority to enter into these Infinity Account Terms and perform its obligations, including all necessary internal approvals and third-party authorizations; and c. entering into and performing under these Infinity Account Terms does not conflict with any of its legal or contractual obligations.
Your Representations. You represent, warrant, and agree that: a. all information you provide in connection with the Services is accurate, complete, and either owned by you or provided with proper authorization; b. you remain bound by these Infinity Account Terms even if your authorized signatories change, for as long as you continue to use the Services; and c. you do not engage in any business or activity listed on the Prohibited Business List.
O. INTELLECTUAL PROPERTY
The Services contain copyrighted materials, trademarks, and other proprietary information owned by Infinity or its licensors. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Infinity grants you a limited, non-exclusive, non-transferable, revocable license to use the Services solely as permitted under these Infinity Account Terms.
Your access to or use of the Services does not grant you any intellectual property rights beyond those expressly provided in these Infinity Account Terms. Any unauthorized use of the Services or their contents is prohibited.
You may not, and may not permit others to: (i) reverse engineer, decompile, disassemble, or attempt to discover the source code, underlying structure, or algorithms of the Services or related software; (ii) create derivative works based on the Services; or (iii) use the Services to develop, market, or sell products competitive with the Services.
All Infinity IP remains the exclusive property of Infinity and is protected by intellectual property laws. You acquire no ownership rights, title, or interest in any Infinity IP, except as expressly permitted under these Infinity Account Terms.
You may not use, distribute, disclose, or permit third-party use of Infinity IP without Infinity's prior written consent. You may not reverse engineer or attempt to discover the internal workings of Infinity IP. You may not: (i) reproduce Infinity IP; (ii) create derivative works; or (iii) incorporate the Services into other systems or publications.
You may not use Infinity's logos, names, trademarks, service marks, or other intellectual property without prior written permission.
P. CONFIDENTIALITY
Each Party must keep confidential all Confidential Information received from the other Party and ensure its personnel do the same.
Each Party agrees to: (i) take reasonable measures to protect the other Party's Confidential Information; and (ii) use such information only as permitted under these Infinity Account Terms.
Each Party may disclose the other Party's Confidential Information to its employees, officers, agents, or contractors who have a legitimate need to know such information and who are bound by confidentiality obligations at least as protective as those in this section.
Confidentiality obligations do not apply to information that: (i) is or becomes publicly available through no fault of the receiving Party; (ii) was known by the receiving Party before disclosure without restriction; (iii) is rightfully received from a third party without confidentiality restrictions; (iv) is independently developed without access to Confidential Information; or (v) must be disclosed by law or court order, provided the receiving Party gives reasonable advance notice when legally permitted.
You authorize Infinity to make inquiries necessary to fulfill its obligations under these Infinity Account Terms, including identity verification and providing information to fraud prevention agencies, partner institutions, and Infinity's affiliates.
The Dashboard, APIs, and associated software, documentation, and data, including all user-visible aspects of the Services, are Confidential Information of Infinity.
Q. PERSONAL DATA
When you share personal data with Infinity, you are responsible for complying with all Applicable Law, including obtaining necessary consents for: a. Infinity's collection and use of such personal data; and b. Infinity's disclosure of such personal data to:
service providers for delivering the Services and meeting legal obligations, including anti-money laundering requirements; and
Regulators to satisfy audit, examination, or routine reporting requirements.
R. INDEMNITY
Mutual Indemnification. Each Party ("Indemnifying Party") agrees to indemnify, defend, and hold harmless the other Party and its affiliates, directors, agents, consultants, and employees (each an "Indemnified Party") from any losses, claims, damages, fees, costs, and expenses (including reasonable legal fees) arising from the Indemnifying Party's: a. breach of these Infinity Account Terms; b. fraud, material misrepresentation, willful misconduct, or gross negligence; or c. infringement of third-party intellectual property rights.
Your Additional Indemnification. You agree to indemnify and hold harmless Infinity and its Indemnified Parties from losses arising from: a. access or use of the Services through your Account in any manner inconsistent with these Infinity Account Terms, whether authorized or not; b. disputes or chargebacks related to your Transactions that result in debits to Infinity's or its partners' bank accounts; or c. penalties imposed on Infinity or its partners by banks, payment institutions, or Regulators due to your Transactions.
Infinity's Indemnification. Infinity will indemnify you and your Indemnified Parties from losses arising from Infinity's failure to effect agreed-upon payments to designated Beneficiaries within stipulated timeframes, where such failure is attributable to Infinity's fault, error, or omission.
Notice of Claims. The Indemnified Party must promptly notify the Indemnifying Party in writing of any claim, providing reasonable details and estimated losses. Failure to provide prompt notice does not relieve the Indemnifying Party of its obligations unless the delay materially prejudices the defense.
Defense of Claims. Upon receiving notice, the Indemnifying Party may assume control of the defense, compromise, or settlement of the claim with counsel of its choice. The Indemnifying Party must keep the Indemnified Party informed of material developments and may not settle without the Indemnified Party's consent, which will not be unreasonably withheld.
Cooperation. The Indemnified Party must reasonably cooperate in the defense of any claim and may participate in the defense at its own cost with counsel of its choosing.
Preservation of Rights. This indemnification process does not limit any other rights or remedies available under these Infinity Account Terms or Applicable Law.
S. LIMITATION OF LIABILITY
Exclusion of Consequential Damages. To the extent permitted by Applicable Law, neither Party will be liable for any indirect, incidental, punitive, special, or consequential damages, including lost revenue, lost data, business interruption, or loss of business advantage, arising from these Infinity Account Terms.
Cap on Liability. Neither Party's total liability to the other for any damages or losses will exceed the total fees paid during the six months preceding the event giving rise to the claim.
Exceptions to Liability Cap. The limitations in subsection 2 do not apply to: a. unpaid fees or amounts owed by either Party; b. your losses due to Infinity's failure to effect agreed-upon payments within stipulated timeframes where such failure is attributable to Infinity; c. Infinity's losses from Transactions you submit, including chargebacks, disputes, and penalties; d. losses from willful misconduct, gross negligence, or fraud; e. breach of confidentiality obligations; or f. indemnification obligations under Section R.
T. TERMINATION
Term. These Infinity Account Terms remain in effect as long as your Account is open.
Dormant Accounts. Your Account remains open until terminated by you or Infinity. If your Account is inactive for over eight months, Infinity may treat it as dormant. Subsequently, it will go into the escheatment process as mandated by the State.
Termination by You. You may close your Account at any time by providing written notice to Infinity or using the Dashboard or APIs. Termination is effective immediately upon notice.
Termination by Infinity with Notice. Infinity may close your Account at any time and will endeavor to provide 30 days' written notice. During the notice period, you will continue to have access to your Account and funds, though Infinity may restrict access to the Services as it deems appropriate.
Immediate Termination by Infinity. Infinity may immediately terminate your Account and these Infinity Account Terms if: a. you materially violate any terms of these Infinity Account Terms; b. you fail ongoing due diligence checks under Section E; c. you no longer meet eligibility requirements under Section D; d. you engage in activities on the Prohibited Business List; e. your Account is used for fraud, money laundering, terrorism financing, tax evasion, or other criminal activity; f. unusual or suspicious activities are detected; or g. Infinity deems you "high risk" based on your activities.
Appeal Process. You may submit a written request with supporting documentation to reverse a termination decision. The final decision remains entirely at Infinity's discretion.
Fund Withdrawal Upon Termination. Subject to Applicable Law, Infinity will provide you a reasonable timeframe (no more than 30 days unless otherwise agreed) to transfer remaining funds to an external bank account in your name. If Applicable Law restricts such transfer, funds will be handled as permitted by law. Transfers are subject to charges in the Fee Schedule.
Automatic Fund Transfer. After the 30-day period expires, Infinity may convert remaining funds (less amounts owed to Infinity) to the Base Currency and transfer them to your default bank account on record. You authorize Infinity to take necessary steps to effect this transfer.
No Post-Termination Support. Infinity is not obligated to provide support services after termination.
Accrued Rights and Obligations. Termination does not affect rights, obligations, or liabilities that accrued before termination.
Payment of Outstanding Amounts. All fees, charges, and other payments owed by either Party become immediately due and payable upon termination.
Regulatory Cooperation. After termination, both Parties must cooperate with Regulator inquiries, audits, investigations, or proceedings related to the Services, including providing access to records, documents, personnel, and information as reasonably required.
Surviving Provisions. Upon termination, the following sections survive: E(4) (Due Diligence), J (Reserves), O (Intellectual Property), P (Confidentiality), R (Indemnity), S (Limitation of Liability), T (Termination), U (Miscellaneous), and any other provisions that by their nature are intended to survive.
U. MISCELLANEOUS
Force Majeure. Except for your payment obligations, neither Party is liable for non-performance caused by Force Majeure Events. The affected Party must promptly notify the other Party of the nature and extent of the event.
Notices. All notices and communications must be in writing via email. Send notices to Infinity at support@infinityapp.in. Infinity will send notices to the email address you provide.
Entire Agreement. These Infinity Account Terms, together with any Fee Schedules and Service Addenda, constitute the entire agreement between the Parties and supersede all prior agreements, whether written or oral.
No Third-Party Beneficiaries. No person or entity that is not a party to these Infinity Account Terms has any right to enforce or benefit from any of its terms.
Severability. If any provision is found invalid or unenforceable, only that provision is affected, not the entire Agreement.
Waiver. Any delay in enforcing rights or waiver of a particular default does not constitute a waiver of future enforcement rights, except for express written waivers for specific matters.
Independent Contractors. Both Parties are independent contractors. Nothing in these Infinity Account Terms creates a partnership, joint venture, or agency relationship.
Exclusion of Implied Warranties. The Services are provided "as is" and "as available." To the fullest extent permitted by law, Infinity disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose.
Governing Law and Disputes. These Infinity Account Terms are governed by the laws of India. Each Party submits to the exclusive jurisdiction of the courts of Bangalore for all disputes arising from these Infinity Account Terms.
Assignment. You may not assign, transfer, or subcontract your rights or obligations under these Infinity Account Terms. Infinity may assign or novate its rights and obligations to its Affiliates without your consent.
EXPORT PAYMENTS TO INDIA
These additional terms apply to merchants in India accepting payments from buyers outside India.
Definitions for This Section. In this section, "Infinity" means Anant Labs Inc., "Buyer" means the payor, and "you" or "Merchant" means the payee.
Scope. Goods and services include any good or service, other than money transmission services, for which the payor has a payment obligation to you.
Payment Agent Appointment. You appoint Infinity as your payment agent to receive, hold, and settle payments from offshore third parties through Infinity's arrangements with partner institutions.
Settlement and Payment Satisfaction. Through partner institutions and local settlement systems, Infinity assists with settling payments owed to you, less any amounts owed to Infinity including fees. You agree that payment received by Infinity on your behalf satisfies the payor's obligation to pay you, regardless of whether Infinity settles the payment to you. If Infinity fails to settle, your recourse is against Infinity only, not the payor.
No Money Transmission for Payors. You acknowledge that Infinity does not transmit funds on behalf of payors.
Representation. You represent and warrant that you will not use the Services to transmit money to a payor without an exchange of goods or services.
Agency Relationship. By accepting these Infinity Account Terms, you agree to be bound by decisions made by Infinity as your agent in providing the Services.
Governing Law for This Section. Notwithstanding other provisions, this section is governed by the laws of the State of California, United States of America.
Other Terms Apply. All other terms of the Infinity Account Terms continue to apply.