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Terms of Use

Last updated: 14 April 2025

1. Introduction

This user agreement (“Agreement”) is between you and MoonPay Europe B.V. (“MoonPay”) a company organised and existing under the laws of the Netherlands with company number 93501153 and having its registered office at Herengracht 420, 1017 BZ Amsterdam. MoonPay is authorized as a crypto-asset service provider within the meaning of the EU Markets in Crypto-Assets Regulation ("MiCAR") by the Dutch Authority for Financial Markets (“AFM”).

In this Agreement, reference to MoonPay/we/our/us are to MoonPay. Any references to Customer/you/your are references to you as a customer of MoonPay. This Agreement applies to your use of our service that provides you with the ability to exchange crypto-assets for fiat or other crypto-assets (buy, sell, or swap) through our on-ramp and off-ramp platform available at www.moonpay.com and/or via our application(s) (jointly referred to as the "Site").

This Agreement does not apply to any of MoonPay's other products or services. You may not use any of the Services on behalf of a business entity.

  1. By signing up to create an Account with MoonPay and use our Services, you agree that you have read and understood, and that you accept, all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and Cookie Policy.
  2. This Agreement will govern the use of the Services provided by MoonPay. By using the Services you agree to be bound by the terms and conditions of this Agreement. If you do not agree to any of the terms in this Agreement, or any subsequent modification to this Agreement, you will not be permitted to use the Services and your Account with us will be closed.  This Agreement will come into effect when you confirm electronically that you agree to it. We recommend that you retain a copy of this Agreement and your transaction records.
  3. For the purposes of this Agreement:
    1. an “Account” means an online account created by you in order to access the Services;
    2. a "Business Day" means any day which is not a Saturday, Sunday or public holiday in the Netherlands and which the banks are open for business in the Netherlands;
    3. “Crypto-asset” or “Crypto-assets” means a digital representation of value that can be digitally traded or transferred and can be used for payment or investment purposes but does not include digital representations of fiat currencies, securities or other financial assets;
    4. “Hypermint” means Hypermint EU Limited, an affiliate of MoonPay that offers certain services to its customers;
    5. “Order” means a request for the Services;
    6. “Partner” means a third party firm who refers you to MoonPay in order to purchase and/or sell Crypto-assets;
    7. “Partner Sites” means Partner’s mobile applications and websites; 
    8. “Service(s)” means the purchase, swap and/or sale of Crypto-assets from MoonPay and/or any other related services;
    9. " The Foundation" means a foundation incorporated under Dutch law, with its registered office at Herengracht 420, 1017 BZ Amsterdam, and registered with the Dutch Chamber of Commerce under the number 96164638. The Foundation is a party to this Agreement for purposes of sections 11.8-11.11 only; and
    10. “Wallet” means a secured digital facility in which Crypto-assets are held.
  5. MoonPay set out below warnings on some of the risks associated with Crypto-assets. You understand, acknowledge and accept these risks, which include the following: 
    1. Buying Crypto-assets can be risky and, if circumstances change, the value of a Crypto-asset may decrease quickly. You should therefore carefully consider whether trading or holding any Crypto-asset is suitable for you in light of your financial condition. In considering whether to trade or hold Crypto-asset, you should be aware that when you buy, sell or transfer Crypto-asset you are dealing with a digital asset. This means that, like any other digital system, Crypto-assets are at risk of being hacked or affected by technical problems. This could result in you losing your Crypto-asset or delaying your ability to sell, transfer or spend it;
    2. We are not responsible for (i) safeguarding or holding your Crypto-asset, or any private keys or other security information needed to access your Crypto-asset and (ii) any loss of Crypto-asset resulting from theft, loss, or mishandling of Crypto-asset private keys or other security information outside its control.  
    3. Every purchase and sale of Crypto-asset is effected on and confirmed by the network for that Crypto-asset. The confirmation takes a period of time (usually less than one hour, but possibly one day or more). An Order is not complete until it is confirmed by the relevant network. Crypto-asset associated with Orders that are in a pending state will be designated accordingly.
    4. You also agree you have read, understand and accept the risks in the Risk Disclosure made available on our website.

2. Eligibility

  1. To be eligible to use any of the Services, you confirm that you: 
    1. are at least 18 years old;
    2. have sufficient capacity to enter into legally binding contracts; 
    3. reside in a country in which the Services are made available; and
    4. are willing to provide to us with current valid personal identification documents and information that we request for identification purposes, insofar as we are required to do so by law. 

3. Services provided to you

  1. Once you have completed the registration process (as set out at clause 4 below), MoonPay will provide the Services to you. 
  2. When using the Services, you are buying Crypto-asset from, selling Crypto-asset to, or swapping Crypto-asset with MoonPay directly. MoonPay does not act as an intermediary or marketplace between buyers and sellers of Crypto-asset. 
  3. If MoonPay sends you Crypto-assets, it will do so to your Wallet address indicated at the time of the Order subject to the conditions of this Agreement.
  4. MoonPay transfers Crypto-assets only in conjunction with the purchase or swap of Crypto-assets. By confirming your buy or swap Order with MoonPay, you are requesting MoonPay initiate a transfer of a Crypto-asset as set out in your Order.
  5. At no point during the purchase, sale or swap will MoonPay be in possession or in control of your funds. 
  6. MoonPay does not host Wallets, and is not a custodian of your assets, or cryptographic keys.
  7. Orders through MoonPay are executed individually, one by one. 
  8. A list of the Crypto-assets and Layer 1 blockchains supported by MoonPay are available here.
  9. MoonPay DOES NOT facilitate or provide trading or investment or brokerage accounts or facilities, nor does MoonPay provide investment or any other financial advice.

4. Customer registration process

  1. To use our Services, you will need to register for an Account, complete applicable onboarding requirements, and accept the terms of this Agreement. By using our Services, you agree and represent that you will use the Services only for yourself, and not on behalf of any third party. Upon successful completion of the registration process, MoonPay will open your Account. You are fully responsible for all activity that occurs under your Account. We may, in our sole discretion, refuse to open a Account for you, limit the number of Accounts that you may hold, or suspend or terminate any Account, and we are not required to provide you with the reasons for taking any such action. 
  2. As part of the registration process, you must provide MoonPay with the information that is requested as part of the Account opening process to identify and verify your identity and for the detection of anti-money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to start using the Services.
  3. The information we request includes personal information including your name, address, telephone number, email address, date of birth, government identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number), and other details. In providing us with this or any other information that is required, you confirm that the information is accurate and correct and you agree to keep us updated if any of the information you provide changes. We will process this information in accordance with MoonPay’s Privacy Policy. 
  4. You authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such enquiries. When we carry out these enquiries, you acknowledge and agree that your personal information is disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Services and/or before permitting you to engage in transactions beyond certain volume limits.
  5. Failure to provide any information that MoonPay reasonably requests from you may be grounds for suspending the provision of Services to you (including access to your Account) and/or terminating this Agreement. The nature and extent of the information you are required to provide may differ, for example, based on the Services provided to you under this Agreement and/or the means of payment you use.

5. Transactions limits and enhanced due diligence

  1. The use of all Services is subject to a limit on the volume you may transact or transfer in a given period. Your transaction limits may vary depending on a number of factors. We reserve the right to change your transaction limits as we deem necessary and where possible will provide advance notice to you, although in some cases this will not be possible and you may be informed after any changes to the applicable limits have taken place. If you wish to raise your limits beyond the posted amounts, you may submit a request to unknown node.
  2. We may require you to submit additional information about yourself and provide additional records, if you wish to raise your limits ("Enhanced Due Diligence"). In our discretion, we may refuse to raise your limits, or we may lower your limits even if you have completed Enhanced Due Diligence.

6. Crypto-asset orders

  1. You will be able to purchase, sell, and swap Crypto-assets from and to us, through our website and Partner Sites subject to any applicable fees and limits displayed during the purchase and sale flow. The price, exchange rate and amount of the Crypto-asset that you wish to purchase, sell, or swap will be confirmed to the best of our ability at the time that you place an Order.
  2. Acceptance of an Order does not guarantee that you will receive the corresponding amount of Crypto-asset or fiat currency. The Crypto-asset Order is conditional upon actual receipt by us of the funds from you  or the Crypto-asset from your wallet, as well as payment of any applicable fees.
  3. Subject to clause 6(B) and the Order being honored by your bank, card provider or other relevant party, Crypto-asset purchases will be credited to the Crypto-asset Wallet provided by you at the time of the Order as soon as possible once the Crypto-asset purchase has been confirmed by the Crypto-asset network. MoonPay will send you purchased Crypto-assets on the relevant blockchain. Once submitted to a Crypto-asset network, a Crypto-asset purchase will be unconfirmed for a period of time pending sufficient confirmation of the Order by the Crypto-asset network and your wallet provider. Crypto-asset Orders that are in a pending state will not be credited to the Wallet until confirmed.
  4. Subject to clauses 6(B) and 8, Crypto-asset sales shall be processed upon receipt of the Crypto-asset from you after you have confirmed the Order. Once submitted to a Crypto-asset network, a Crypto-asset sale will be unconfirmed for a period of time pending sufficient confirmation of the Order by the Crypto-asset network. Once the Crypto-asset sale is confirmed, fiat funds will be credited to the Customer’s bank, card provider or other relevant party.
  5. If you believe an Order is unauthorized or has been incorrectly initiated, you must contact us immediately and take any appropriate remedial actions requested by us. 
  6. MoonPay may use a third-party payment processor to process your payments.
  7. Recurring Transactions. If you set up a recurring purchase or sale of Cryptocurrencies (a "Future Transaction"), you authorise us to initiate recurring electronic payments in accordance with your selected Cryptocurrency Order. Your Future Transactions will occur in identical, periodic installments, based on your period selection (e.g., daily, weekly, monthly), until either you or MoonPay cancels the Future Transaction. This authorisation will remain in full force and effect until you change your Future Transaction settings or until you provide us with written notice via unknown node. 
  8. Please note that as part of accessing our Services, you may be required to sign up to separate and independent terms when using Partner Sites and/or with any third-party payment processor.
  9. We will endeavor to let you know in advance if we decide to stop offering a Crypto-asset but it may not always be possible to give you advance notice.

7. Crypto-asset storage

  1. MoonPay does not provide any custodial wallet services and does not hold, safeguard or administer private keys or Crypto-asset for its Customers.  
  2. When using the Services, you will be asked to provide us with the address for your Wallet by either:
    1. providing a QR code which represents your Wallet address; 
    2. manually typing your Wallet address;  or
    3. using a Wallet address provided by Hypermint or a MoonPay partner.
  4. It is your responsibility to provide us with a true, accurate and complete Wallet address when carrying out an Order. It is therefore important that the Wallet address that you provide for an Order is correct. You understand and agree that MoonPay accepts no liability for you providing an incorrect or inaccurate Wallet address as part of an Order, except as required by applicable law. By providing a Wallet address to us, you confirm that it is the Wallet address that should be used for the relevant Order and we will not, and have no responsibility to, check whether you have provided a correct and accurate Wallet address.
  5. You acknowledge and agree, without prejudice to any other terms in this Agreement, that you bear all of the risk of any loss of access to your Wallet(s) and any Crypto-assets contained in your Wallet(s). We do not control and are not responsible for your Wallet or the Crypto-assets in your Wallet(s). You are solely responsible for any Crypto-assets transferred to or from your Wallet(s) and we make no, and hereby disclaim all, representations, warranties, claims and assurances as to any such transactions. If you lose your keys to your Wallet(s), you may lose access to your Wallet(s) and any Crypto-assets contained in your Wallet(s). 
  6. MoonPay is not liable for fluctuations in the value of Crypto-assets in your Wallet.

8. Transmission delays

  1. MoonPay will use good faith efforts to fulfill Orders at the time that you place such Order. However, from time to time, it may be necessary for MoonPay to delay fulfillment of an Order until such time as we are able to process the Order. In such cases, we will notify you prior to the completion of your Order both:
    1. the amount of Crypto-asset you will receive; and
    2. the price at the time of fulfillment (including applicable fees).
  3. MoonPay does not have any control over transaction times for a Crypto-asset network and there may be instances where transaction times may take longer than usual.  As such, you accept the risk that an Order facilitated by MoonPay may be delayed and you confirm that you will not hold MoonPay responsible for any losses, damages or injury arising out of or related to such delay that are outside of MoonPay’s control.

9. Cancellations and refunds

  1. Once you have placed an Order, it cannot be canceled or recalled. 
  2. All Orders are final and cannot be refunded. 
  3. Once an Order has been processed and a Crypto-asset sent to a Wallet, it cannot be recalled or retrieved under any circumstances.
  4. You hereby agree that all purchases, sales, and swaps of Crypto-asset are final and you will not be entitled to any credit or refund. MoonPay's obligation towards you will be absolutely discharged upon delivery of the Crypto-asset to your Wallet or fiat funds to your bank account or card and you shall have no claim or right against MoonPay upon such delivery.
  5. Crypto-asset transactions are irreversible. It is your sole responsibility to be vigilant of any fraud or mistake and to keep your private key(s) safe. MoonPay will not issue refunds, regardless of reason including whether you were the victim of fraud, mistake or loss of private key(s).
  6. If an Order for a swap fails for any reason, including if we have to requote a swap quote to you because of price volatility and you reject the requote, then there will be an automatic refund to you, less any applicable fees.

10. Suspension, termination and cancellation

  1. MoonPay may: (a) refuse to complete, block, or cancel an Order you have authorized; (b) suspend, restrict, or terminate your access to any or all of the Services; and/or (c) deactivate or freeze your Account with immediate effect for any reason, including but not limited to where:
    1. we reasonably believe that we need to do so in order to protect us or our reputation;
    2. in our reasonable opinion, we are required to do so by applicable law, regulation, the AFM, or any court or other authority;
    3. we reasonably suspect you of breaching this Agreement;
    4. we have concerns that a transaction is erroneous or about the security of your Account or we suspect the Services are being used in a fraudulent or unauthorized manner;
    5. we suspect money laundering, terrorist financing, fraud, or any other financial crime;
    6. use of your Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; 
    7. you take any action that seeks to circumvent our controls such as opening multiple Accounts or abusing promotions which we may offer from time to time;
    8. you fail to provide documentation that MoonPay (or any third party whose services we use in providing the Services to you under this Agreement) reasonably requires in order to comply with its obligations under applicable laws and regulations or to verify your identity and/or funding sources to MoonPay's satisfaction;
    9. MoonPay reasonably believes that it should do so in order to protect the security of the Account, including circumstances where any Account details may have been lost or stolen.
  3. In the case of any such suspension, MoonPay shall make reasonable efforts to inform you about it, provided that such disclosure:
    1. is not in breach of any applicable law or regulation and does not contravene the instruction of the AFM or any other competent authority; and
    2. would not compromise MoonPay's security measures.
  5. MoonPay shall not be liable to you for any losses you may suffer as a result of any reasonable action it takes to suspend the Account or withhold settlement of an Crypto-asset Order in accordance with this clause 10.
  6. Where the reasons for MoonPay's actions under this clause 10 cease to exist, MoonPay may, at its discretion, either reinstate your access to the Account and Services and/or issue you with new Account details. MoonPay reserves the right to ask you to re-complete the Account opening procedures as outlined in this Agreement and to resolve any open issues with your Account before a restriction is removed. Notwithstanding the above, we may suspend, restrict, or terminate your access to any or all of the Services and/or deactivate or cancel your Account, without reason at any time. 
  7. You will also be able to cancel your Account at any time and free of charge, and will only be required to pay for those Services used that are subject to charges. If any Order is in a pending status at the time your Account is canceled or suspended, such Order will be completed before cancellation or suspension is effected. You may not cancel your Account to evade an investigation or avoid paying any amounts otherwise due to MoonPay.  
  8. In the event that we terminate your access to the Services, or deactivate or cancel your Account, or either we or you terminate this Agreement, you will remain liable for all amounts due under this Agreement prior to termination, including all fees.

11. MoonPay Balance

  1. Your MoonPay Balance can be used only to purchase Crypto-assets from us, and you may choose to receive the proceeds from a sale of Crypto-assets into your MoonPay Balance in an amount of credits equal to the value of the sale.  
  2. If you use your MoonPay Balance to purchase a Crypto-asset, you must have sufficient credits in your MoonPay Balance to cover the amount of the payment. Your MoonPay Balance will be debited in an amount of credits sufficient to purchase the relevant Crypto-asset or NFT (inclusive of any relevant fees). Any Crypto-asset purchase using MoonPay Balance that exceeds your MoonPay Balance will be rejected. You can top up your MoonPay Balance at any time using an acceptable and available payment method. You may redeem your MoonPay Balance at any time, subject to our approval and pursuant to the terms of this Agreement.
  3. If you choose to top up your MoonPay Balance using a payment method that may be subject to a chargeback, you agree that you will not seek a chargeback other than for unauthorised use of the payment method or for a breach by us of this Agreement which would result in you having a right to a refund. Otherwise, you cannot chargeback any top up transaction for any reason for which we are not responsible, including insufficient funds on your payment method. 
  4. If a chargeback or reversal of a top up results in a negative MoonPay Balance, you will be required to immediately repay that negative balance by topping up your MoonPay Balance. Failure to do so is a breach of this Agreement. 
  5. Subject to the terms of this Agreement, your MoonPay Balance does not expire.
  6. We reserve the right to freeze or suspend your ability to use your MoonPay Balance at our discretion if (a) we believe a top up transaction is fraudulent or invalid, (b) we believe any transaction using MoonPay Balance is fraudulent, illegal, or otherwise suspicious, (c) we believe you have breached or may breach any term of this Agreement or any other agreement with us or our affiliates, (d) we believe any of the conditions set out below at section 12 have been satisfied, or (e) for any other reason we believe provides a valid reason for taking such action.
  7. Your MoonPay Balance is not the same as an electronic money or bank account and does not qualify as a “deposit”. MoonPay Balance can only be used to buy Crypto-assets from MoonPay and are not accepted by any third party. By accepting the terms of this Agreement, you acknowledge and agree that your MoonPay Balance is not protected by a Deposit Guarantee Scheme or an Investor Compensation Scheme. Interest is not paid on your MoonPay Balance.
  8. MoonPay and the Foundation will safeguard the balance held in your MoonPay Balance account in accordance with article 70 (2) and (3) MiCAR. More details are provided in clause 11.9 and 11.10.
  9. MoonPay transfers fiat funds equivalent to the balance held in your MoonPay Balance account into a bank account held by the Foundation no later than the end of the business day following the day on which the balance was topped up by you or credited from a sale of Crypto-assets.
  10. The Foundation is a custodian established for the sole purpose of safeguarding the balance held in your MoonPay Balance account. The Foundation does not have any commercial activities. As a bankruptcy remote legal vehicle to achieve asset segregation, The Foundation safeguards your balance in case of bankruptcy of MoonPay against claims from MoonPay's creditors. You have a claim against the Foundation for your MoonPay Balance.
  11. Your MoonPay Balance belongs to you, the owner of the Account, and no other person has any rights to your MoonPay Balance. You may not assign or transfer your MoonPay Balance to a third party or otherwise grant any third party a legal or equitable interest over it.
  12. You acknowledge and agree that we have the right to offset any debt you owe to us or our affiliates against your MoonPay Balance.

12. Fees

  1. Fees payable under this Agreement shall be paid in the applicable currency. Fees are finalized at the time of execution and by proceeding with an Order you agree to the fees. You agree to pay any fees associated with your use of the Services. We may modify these fees at any time.
  2. Information about the Fees payable under this Agreement may be found here.
  3. MoonPay reserves the right to pursue any financial losses suffered due to you filing a chargeback claim with your bank or card provider. These can include administrative fees as well as the monetary value of the Crypto-assets.

13. Taxes

You are responsible for determining whether, and to what extent, any taxes apply to any transactions associated with the Services. You must withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. We are not responsible for collecting these from you, for making any payments on your behalf, or for providing any reports to you relating to tax.

14. Data protection law

We are committed to keeping your personal information safe. We process personal information in accordance with applicable data protection legislation and our Privacy Policy. Please review our privacy policy to understand how we use and protect the information you provide us.

15. Liability 

  1. Neither MoonPay, nor any of its directors, employees or agents, shall be liable for any loss or damage sustained by you as a direct or indirect result of the provision by MoonPay of its Services, save that nothing in this Agreement shall exclude or restrict any liability of MoonPay resulting from:
    1. death or personal injury; 
    2. for fraud, fraudulent misrepresentation or fraudulent misstatement; 
    3. our intent (opzet) and gross negligence (bewuste roekeloosheid); and/or
    4. any statutory liability not capable of limitation.
  3. MoonPay shall not be liable for loss of profits, loss of opportunity, loss of business, loss of savings, loss of goodwill, loss of Crypto-asset, claims by third parties, loss of anticipated savings (whether direct or indirect) or for any type of special, direct, indirect or consequential loss howsoever caused, even if caused by MoonPay’s negligence and/or breach of contract and even if such loss was reasonably foreseeable or MoonPay had been advised of the possibility of such loss. 
  4. MoonPay disclaims all liability associated with the use of Crypto-assets, including:
    1. unknown inherent technical defects;
    2. regulatory or legislative changes; and
    3. currency fluctuation.
  6. MoonPay shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. It is your responsibility to use a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from MoonPay.
  7. You acknowledge and agree to hold us, our subsidiaries, members, directors, partners, officers, employees, contractors and agents harmless from and against any loss, liability, claim, demand, damages, costs, expenses (including legal fees) which may arise from or in connection with the Services, any content on the Services shared by you or other users, any third party websites or resources found through the services, any users of the services, or any breach of this Agreement, applicable laws or any law or regulation in any jurisdiction.
  8. Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Services.

16. Warranties and representations

  1. By agreeing to this Agreement, you represent, warrant and undertake to us that:
    1. you have full power and authority to enter into this Agreement;
    2. you understand and acknowledge that we do not warrant that any of the Services are suitable or appropriate for your needs and that you must take your own independent legal and other advice on such Services;
    3. you are entering into this Agreement on your own behalf and not on behalf of any third party;
    4. your use of the Services complies with all applicable laws;
    5. you will not facilitate any viruses, malware, worms, trojan horses or other computer programming routines that may damage, corrupt, disrupt, misuse or gain unauthorized access to any data, system information or Services;
    6. funds or Crypto-assets transferred to a Wallet have been acquired lawfully;
    7. you will not use an anonymizing proxy, or any other automatic devices, spider or manual processes to copy or monitor our websites without our prior written permission;
    8. you will not harass and/or threaten our employees, agents, or other users;
    9. you understand and acknowledge that while we make reasonable endeavors to ensure the accuracy of the information that we provide to you, neither we nor any of our directors, employees or agents make any representation or warranty, express or implied, as to the accuracy or completeness of such information;
    10. any information provided by you to MoonPay under this Agreement is true, complete, accurate, up to date and not misleading; and
    11. you shall provide all assistance reasonably requested by MoonPay to enable MoonPay to comply with its obligations under this Agreement.
  3. The Services are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
  4. MoonPay makes no representation or warranty that the Services are applicable or appropriate for use by you and it is your responsibility to ensure the Services are appropriate for you and that you comply with all applicable laws.

17. Stored card details

  1. We are legally obligated to secure your consent to allow us to store your card details for future use and cannot process your payment before you agree to such storing. By accepting this Agreement, you hereby give us permission to store your card details.
  2. Your card will remain stored on your Account for transactional purposes, unless you decide to remove it or until the card expires. 
  3. We need to do this so that you will be able to deposit and withdraw more easily in future and it also helps us to prevent and detect any fraudulent activity.
  4. Stored details are primarily used so that you don’t have to re-enter all your details for every transaction you make. In your Account you will see the last 4 digits of the card number, and this is how you will reference the card you wish to use.
  5. We also compare stored card details in our fraud screening systems to prevent your details being used on any other Accounts.
  6. If you don’t agree to us storing your payment card details, we won’t be able to process your deposit from the card used.
  7. Changes in the permitted use will require your agreement, we will notify you if this occurs.

18. Right of withdrawal

  1. You have 14 (fourteen) calendar days to exercise your right of withdrawal from this Agreement, without having to justify any reason or pay any penalty. This withdrawal period starts on the date the Agreement is concluded.
  2. Any Services which are fully performed or Orders which are fully delivered before a withdrawal cannot be reversed. You hereby grant your consent to such performance and waive your right of withdrawal with respect to any Orders delivered during the withdrawal period.
  3. You must notify your withdrawal request to us within the allotted period by email to unknown node.
  4. If you exercise your right of withdrawal, this Agreement will be terminated at no cost to you.

19. Term

  1. This Agreement will commence in the manner set out in clause 1 and will continue until terminated by either party in writing, in accordance with this section 18.
  2. This Agreement can be terminated for convenience immediately by the Customer providing written notice to MoonPay.
  3. This Agreement can be terminated by MoonPay in accordance with all the provisions of this Agreement.

20. Changing These Terms

  1. We may change these terms at any time for any reason, including (without limitation):  
    1. to comply with or reflect a change in applicable law or guidance from the AFM or any other competent authority; 
    2. to make them more favorable to you or to correct a mistake or oversight (provided that any correction would not be detrimental to your rights); 
    3. to provide for the introduction of new systems, Services, procedures, processes and/or products or to incorporate such changes in technology as we deem necessary (provided in each case any change would not be detrimental to your rights); or 
    4. to remove an existing Service, provided we have given you appropriate notice of its removal in accordance with this Agreement.  
  3. Unless we are required by law or upon instruction of an authority to amend the Agreement earlier, we will provide notice of any material amendment to you in advance in good time before it takes effect, indicating when the revised Agreement will become effective. Although we will always endeavor to provide you with advance notice where possible, that may not always be possible and, where lawful, the revised Agreement may become effective immediately. 
  4. Whether we have provided email notice of such amendment in advance to you or not, we will notify you of any changes to this Agreement on your first use of the Services after any amendment. You will be deemed to have accepted the changes if you continue to use the Services. 
  5. If you do not accept the changes, you should terminate the Agreement in accordance with section 19(B), close your Account, and cease using the Services. 
  6. An up to date copy of these terms is always available on our website and you can request a copy of these terms on a durable medium.

21. Security

  1. You will be provided with security details from us which will be needed to access your Account. You must keep all security details (including usernames and passwords) private and not share such details with any third party.  
  2. You must monitor your Account and read all messages that have been sent to you related to your Account. If you suspect that any feature of your Account (for example  login details, password or other security feature) has been lost, stolen, misappropriated, used without authorization or otherwise compromised, you must notify us immediately and you agree to take appropriate remedial steps immediately if necessary.  
  3. We will never ask you to share your password with us or any third party and you should never disclose your password to anybody. It is advised that in order to keep your Account safe, you change your password regularly. 
  4. You must also ensure that your registered email account(s) are secure and can only be accessed by you, as your email address(es) may be used in the process of resetting passwords or we may send communications to your email account(s) regarding the security of your Account. If the email addresses registered with your Account are compromised, you should immediately contact us. 
  5. MoonPay has implemented processes and protocols to keep its platform secure. You can find more information about MoonPay security here. Should we become aware of any security threats, we will notify you in accordance with these Terms of Use. 

22. Force majeure

Except as set out otherwise, we will be not liable for any loss caused directly or indirectly from circumstances not within our control, including but not limited to acts of God, government restrictions, exchange or market rulings, actions affecting securities, clearing or commodity exchanges including suspensions of trading or extensions of trading hours, dealing cut-off times and holidays, acts of civil or military authority, national emergencies, natural disasters, wars, riots or acts of terrorism, industrial disputes, acts or regulations of any governmental or supranational bodies and authorities or the failure or malfunction of any blockchain, telecommunication or computer service.

23. Notices

  1. All notices and communications pursuant or in connection with this Agreement:
    1. Must be in English, in writing and legible (you confirm by signing this Agreement that you understand the English language), unless applicable law states otherwise;
    2. Must be delivered and/or sent to us to one of the following addresses or any other address as we may from time to time notify you:

Mailing Address: Herengracht 420, 1017 BZ Amsterdam

Email address: [email protected]; and

C. Will be delivered or sent to you at the email address or postal address that you have provided to us in connection with this Agreement.

  1. The parties acknowledge that any notice or other communication will be deemed to be given as follows:
    1. If delivered by hand, at the time and on the date of delivery if delivered during a Business Day, or otherwise at the start of the next Business Day;
    2. If sent by email, at the time and on the date of transmission if transmitted during normal office hours (09:00-17:30) on a Business Day and, in any other case, at the start of the Business Day following the date of transmission; or
    3. If sent by post, at the start of the third Business Day after it was put in the post.
  3. This clause will not apply to the service of any legal proceedings or other documents in any legal action by the parties. MoonPay will not accept email service of proceedings or any legal action from you or any third party. 
  4. We may (where allowed to do so by law) communicate with you by posting information in your Account or on our website, in which case the information will be treated as received by you when it is posted by us.
  5. If you have any feedback or questions contact us via our customer support email address at unknown node. 
  6. For any complaint relating to the Services, please contact unknown node. Should we receive a complaint from you, we will carry out an independent investigation of your complaint and will provide you with a written response. We will aim to respond to you within twenty five (25) days of receipt of your written complaint with our final response.

24. General

  1. You must comply with all applicable laws, regulations, rules and third party requirements in your use of the Services.
  2. We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Services, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by us from time to time. Any other use of the Services or Content is expressly prohibited and all other right, title, and interest in the Services or Content is exclusively the property of MoonPay and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.
  3. "MoonPay", moonpay.com and all logos related to the Services or displayed on the Site are trademarks or registered marks of MoonPay or its licensors. You may not copy, imitate or use them without our prior written consent or any third party's copyright, trade secret, patent or other intellectual property rights, or rights of publicity or privacy.
  4. Your use of the Services is subject to international export controls and economic sanctions requirements. By using the Services to buy, sell, or swap Crypto-assets, you agree that you will comply with those requirements. You are not permitted to acquire Crypto-assets or use any of the Services if:
    1. you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, the European Union or HM Treasury's financial sanctions regimes (each a "Sanctioned Country"), or if you are a person on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List, Entity List, or the EU or HM Treasury's financial sanctions regime (a "Sanctioned Person"); or
    2. you intend to supply any acquired or stored Crypto-asset or Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
  6. Copies of the most up-to-date version of the Agreement will be available on our website at all times and will be provided to you by email on request.
  7. Proper functioning of the Site is dependent on your use of the most recent and updated version of your web browser or mobile operating system. You agree to keep your web browser and/or mobile operating system updated at all times when using the Site.
  8. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or MoonPay to be treated as partners or joint ventures, or either you or MoonPay to be treated as the agent of the other.
  9. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited communications to another user through MoonPay.
  10. You are responsible for keeping your contact information, including your email address, up to date in your Account profile in order to receive any notices or alerts that we may send you.
  11. This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and MoonPay as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and MoonPay.
  12. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
  13. This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time to any persons, including but not limited as part of a merger, acquisition or other corporate reorganization involving MoonPay, provided that this transfer or assignment does not materially impact the quality of the Services you receive and you hereby give your prior consent to such transfer or assignment, provided that you will have the right to terminate this Agreement with immediate effect. 
  14. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.
  15. We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.
  16. This Agreement and any information or notifications that you or we are to provide should be in English, unless applicable law states otherwise.
  17. We may make this Agreement available to you in languages other than English. In the event of any conflicts between the English version and any other language, ithe English version shall control.  
  18. In the event that MoonPay is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control. 
  19. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, Account cancellation, debts owed to MoonPay, general use of the Site, disputes with MoonPay, and general provisions will continue to be binding and operate indefinitely after the termination or expiration of this Agreement.
  20. This Agreement will be governed by, and construed in accordance with, Dutch law and, subject to any overriding legal requirements, the courts of the Amsterdam will have non-exclusive jurisdiction to settle any disputes. This Agreement and any information or notifications that you or we are to provide will be in English.