Terms of Service

1. Acceptance of Terms & Eligibility

By creating an account, generating API keys, creating payment links, integrating webhooks, or accessing any service provided by FamGateway (operated by Aryanispe), you enter into a legally binding commercial agreement and agree to comply with these Terms of Service. If you do not agree with any part of these terms, you must discontinue platform use immediately.

You represent and warrant that you are at least 18 years of age (or have reached the age of majority in your jurisdiction) and possess full legal capacity to enter into binding contracts. If you are registering on behalf of a registered business entity, company, or partnership, you warrant that you have explicit authority to bind said entity to these Terms.

2. Nature of Software Services (Non-Custodial Architecture & RBI Compliance)

FamGateway is strictly a software automation middleware layer. You explicitly acknowledge and understand the following architectural fundamentals:

• Zero Custody (RBI Payment Aggregator Exemption): FamGateway does not collect, receive, hold, pool, or escrow fiat funds at any stage of the transaction lifecycle. Under the Reserve Bank of India (RBI) Payment Aggregator (PA) and Payment Gateway (PG) Guidelines, non-custodial software providers that do not handle or touch transaction settlements do not fall under the PA licensing regime.
• Direct Peer-to-Peer (P2P) Settlement: When an end-customer scans a dynamic QR code or clicks a payment link, the transaction is executed directly between the payer's UPI application (e.g. PhonePe, Google Pay, Paytm) and the merchant's personal FamPay/UPI account over the National Payments Corporation of India (NPCI) network. Funds reflect directly in your account.
• Stateless Notification Verification (IT Act, 2000 Compliance): FamGateway acts solely as a technical verification bridge. By analyzing incoming transaction credit notifications via stateless IMAP read sessions and firing cryptographically signed (HMAC-SHA256) webhooks, the service delivers real-time order verification to merchant backends.

3. Merchant Responsibilities, Fair Use & Tax Compliance

As a registered user or merchant on FamGateway, you agree to the following obligations:

1. Account Integrity: Provide true, accurate, current, and complete registration information. Creating fraudulent, dummy, or proxy accounts is strictly prohibited.
2. Credential Confidentiality: You are solely responsible for safeguarding your login credentials, API keys, and server-side secret tokens. Any actions taken through your account or API keys shall be deemed to have been authorized by you.
3. Product & Service Legitimacy: You retain sole legal responsibility for the goods, digital downloads, SaaS subscriptions, game top-ups, or services sold using FamGateway. You must deliver products in a timely, honest manner and maintain transparent customer support channels.
4. Tax Compliance (GST & Income Tax): Under the Central Goods and Services Tax (CGST) Act, 2017 (Section 22), service providers earning under ₹20 Lakhs per financial year (or ₹10 Lakhs in Special Category States) are exempt from mandatory GSTIN registration. You remain exclusively responsible for monitoring your turnover, acquiring appropriate GST registrations when required, and reporting all business revenue on your Income Tax Returns (ITR) pursuant to the Income Tax Act, 1961. FamGateway provides zero tax advisory.

4. Google App Password & Stateless IMAP Security Protocol

FamGateway utilizes single-purpose Google App Passwords to verify bank credit emails in real time. Regarding this integration, you understand and agree:

• Voluntary Credential Provision: You voluntarily generate and provide a 16-character Google App Password via your personal Google Account security settings. You must never provide your primary account password.
• AES-256-GCM Encryption: Merchant App Passwords stored in our database are encrypted at rest using military-grade AES-256-GCM authenticated encryption with unique initialization vectors.
• Stateless Parsing: FamGateway's verification workers read only incoming transaction emails sent from authorized domains (@fampay.in, @famapp.in). General emails, personal correspondence, inbox contents, and mailbox archives are never opened, read, logged, or retained.
• Merchant Revocation Rights: You retain the absolute right to revoke the App Password at any second directly through Google Account Security. Revoking the password instantly eliminates our server's ability to connect.
• Local Security Disclaimer: FamGateway is not liable for credential compromises originating on merchant devices, such as malware, browser extensions, phishing attempts, or unauthorized access to the merchant's own Google account.

5. Payment Disputes, Chargebacks & Customer Refunds

Due to the non-custodial, peer-to-peer nature of the software bridge:

• Zero Custody on Refunds: Because FamGateway never receives, escrow, or holds funds, FamGateway has zero technical or financial ability to initiate, process, cancel, or reverse payment transfers.
• Direct Dispute Resolution: All customer disputes, delivery complaints, product dissatisfaction, refund claims, and UPI chargebacks are strictly between you (the Merchant) and your end-customer. You must resolve disputes promptly through your own customer support channels.
• Mandatory Policy Publication: Merchants must prominently publish clear terms, pricing, cancellation, and refund policies on their respective storefronts, websites, and bots so that buyers have clear expectations prior to checkout.

6. Prohibited Activities & Zero Tolerance Policy

FamGateway strictly enforces a zero-tolerance policy against illegal, unethical, and high-risk commercial activities under Indian Law and international conventions. You shall not utilize the platform for:

• Financial fraud, phishing, investment doubling schemes, Ponzi schemes, deceptive MLM models, or money laundering under the Prevention of Money Laundering Act, 2002 (PMLA).
• Unauthorized online gambling, betting, illicit lotteries, or unregulated speculative gaming services.
• Distribution or sale of pirated software, cracked accounts, unauthorized copyright-infringing digital media, or malware/ransomware.
• Adult content, escort services, weapons, prescription drugs, narcotics, or prohibited biological materials.
• Any activities violating the Information Technology Act, 2000, or Reserve Bank of India (RBI) directives.

FamGateway reserves the absolute right to immediately suspend or permanently terminate any merchant account, revoke API keys, and provide full technical audit trails to law enforcement agencies upon detection of fraudulent or prohibited conduct.

7. Service Fees, Billing & 0% Commission Policy

FamGateway provides its core payment automation software with 0% transaction fees. Any optional premium addons, extended storage, or enterprise tools are billed transparently as indicated in your dashboard. Any future changes to pricing structures will be communicated with reasonable prior notice.

8. Service Level Agreement (SLA) & Third-Party Outage Disclaimer

FamGateway is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied. FamGateway does not warrant that the service will be uninterrupted, error-free, or 100% immune from latency.

You explicitly acknowledge that transaction verification relies on third-party infrastructure beyond FamGateway's direct control. FamGateway disclaims all liability for outages, latency, or missed detections resulting from:

• NPCI network congestion, bank UPI gateway failures, or recipient bank server downtime.
• Google Gmail IMAP service disruptions, transient socket closures, or Gmail anti-spam / rate-limiting thresholds.
• Upstream cloud hosting network partitions, Cloudflare edge interruptions, or merchant ISP failures.

9. Comprehensive Indemnification Clause

To the fullest extent permitted under applicable law, you (the Merchant) agree to defend, indemnify, and hold harmless FamGateway, its operating entity Aryanispe, its founder Aryan Gupta, affiliates, contractors, licensors, and employees from and against any and all claims, liabilities, lawsuits, judgments, fines, penalties, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

1. Your use or misuse of the FamGateway software, APIs, or payment link interfaces.
2. Any product, digital good, service, subscription, or physical item sold, offered, or delivered by you to your customers.
3. Any violation by you of these Terms, third-party rights (including intellectual property, privacy, or consumer protection rights), or applicable Indian laws and regulations.
4. Any tax dispute, tax assessment, or penalty imposed on your business by GST, Income Tax, or regulatory authorities.
5. Any unauthorized access to your account resulting from compromised merchant credentials or shared API keys.

10. Limitation of Liability

Under no circumstances shall FamGateway, Aryanispe, or Aryan Gupta be liable to you or any third party for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or business interruption, arising out of or in connection with the use of or inability to use the platform.

In all events, FamGateway's maximum aggregate financial liability for all claims arising under these Terms shall be strictly capped at the total amount of subscription or software fees actually paid by you to FamGateway in the thirty (30) days preceding the event giving rise to liability (or ₹1,000 INR, whichever is lower).

11. Data Breach & Security Incident Transparency

FamGateway maintains strict security hygiene, including TLS 1.3 encryption in transit, AES-256-GCM encryption at rest, and automated intrusion monitoring via Sentry. In the unlikely event of a confirmed security incident affecting merchant data, FamGateway commits to notifying affected users in a transparent, timely manner and complying with regulatory reporting directives established by the Indian Computer Emergency Response Team (CERT-In).

12. Third-Party Trademarks & Fair Use Interoperability

All product names, logos, brands, and trademarks referenced on this platform—including FamPay, FamApp by Trio, UPI, NPCI, Google Pay, PhonePe, and Paytm—are the property of their respective trademark holders. Reference to these trademarks is strictly nominative and descriptive, intended solely to explain technical interoperability and integration capabilities pursuant to Section 30 of the Indian Trade Marks Act, 1999. FamGateway is an independent software tool and has no affiliation, authorization, endorsement, or sponsorship from any of these entities.

13. Governing Law, Jurisdiction & Dispute Resolution

These Terms shall be governed by, interpreted, and construed in accordance with the laws of the Republic of India, without giving effect to any principles of conflicts of law.

Any dispute, controversy, or claim arising out of or relating to these Terms shall first be attempted to be resolved amicably through good-faith mutual negotiations. If unresolved within thirty (30) days, the dispute shall be referred to and finally resolved by binding arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Patna, Bihar, India, and the proceedings shall be conducted in the English language. Subject to arbitration, the competent courts situated in Patna, Bihar, India shall possess exclusive territorial jurisdiction.

14. Operating Entity & Regulatory Contact

If you have any questions regarding these Terms, require compliance clarification, or wish to submit a legal notice, please contact our administrative desk:

• Operating Legal Entity: Aryanispe
• Founder & Legal Representative: Aryan Gupta
• Government MSME Registration: UDYAM-BR-28-0050000
• Official Website: https://famgateway.in
• Official Grievance Support (WhatsApp): Chat on WhatsApp (+91 9771348544)

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