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Terms of Use

 

Last updated: 23 October 2024

1. Introduction

This user agreement (“Agreement”) is between you and each of: 

MoonPay Technology Services Limited (“MoonPay”) a company organised and existing under the laws of Ireland with company number 697233 and having its registered office at 3rd Floor, Waterways House, Grand Canal Quay, Dublin, Ireland. MoonPay is registered with the Central Bank of Ireland (“CBI”) as a cryptoasset service provider, with CBI reference number C460974; and

Hypermint EU Limited (“Hypermint”) a company organised and existing under the laws of Ireland with company number 745971 and having its registered office at 3rd Floor, Waterways House, Grand Canal Quay, Dublin, Ireland.

In this Agreement, reference to MoonPay/we/our/us are to MoonPay and/or Hypermint depending on the services referenced. Any references to Customer/you/your are references to you as a customer of MoonPay and/or Hypermint. This Agreement applies to your use of the following Services only:

  • The MoonPay.com Website and any consumer mobile or desktop applications we may offer (“Site Services”); 
  • The ability to purchase and sell Cryptocurrencies through our on ramp and off ramp products (“Ramps Services”); 
  • The ability to hold a balance of credits on the MoonPay platform (“MoonPay Balance”);
  • The ability to purchase and sell NFTs through our own website or applications or the NFT Checkout widget which may be hosted on third party websites (“NFT Services”); and
  • The use of a MoonPay Wallet (“Wallet Services”). 

If you use only Services provided by one MoonPay entity, this Agreement is between you and the applicable MoonPay entity. However, if you use Services provided by more than one MoonPay entity, then this Agreement is between you and the relevant MoonPay entity in respect of the service(s) offered by that MoonPay entity. For example, if you use NFT Services provided by Hypermint and Ramps Services provided by MoonPay, this Agreement is between you and Hypermint with respect to the NFT Services and you and MoonPay with respect to the Ramps Services. 

MoonPay Entities and Their Services

  • Hypermint
    • Services offered:
      • Site Services
      • NFT Services
      • Wallet Services
  • MoonPay
    • Services offered:
      • Ramps Services
      • MoonPay Balance

This Agreement does not apply to any of our other B2B products or services. You may not use any of the Services on behalf of a business entity. Please contact the MoonPay Sales Team here for B2B products and services.

  1. In this document, any references to the "Service" or “Services” includes Site Services, Ramps Services, NFT Services, Wallet Services, MoonPay Balance, Application Programming Interfaces (“APIs”), or mobile applications, as the case may be.
  2. Please read this document carefully, as it sets out the terms and conditions on which MoonPay will provide Services to you through our websites, APIs, or mobile applications (together, our “Site”).
  3. 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. 
  4. 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. 
  5. For the purposes of this Agreement:

a. an “Account” means an online account created by you in order to access the MoonPay Services;

b. a "Business Day" means any day which is not a Saturday, Sunday or public holiday in Ireland and which the banks are open for business in Ireland;

c. “Cryptocurrency” or “Cryptocurrencies” 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; 

d. “Order” means a request for the Services;

e. “Partner” means third party firms who refers you to MoonPay in order to purchase and/or sell Cryptocurrencies;

f. “Partner Sites” means Partner’s mobile applications and websites; 

g. “Service(s)” means the purchase and/or sale of Cryptocurrencies from MoonPay, the NFT and MoonPay Wallet services offered by Hypermint, and/or any other related services; 

h. “Wallet” means a secured digital facility in which Cryptocurrencies are held; and

i. “MoonPay Wallet” means a non-custodial Wallet, the creation of which is facilitated by Hypermint.

j. “NFT” means the blockchain asset defining a non-fungible token, on an underlying blockchain that represents ownership of images, videos, audio files, and other forms of media or ownership of physical or digital property.

k. “NFT Checkout" means the service offered by Hypermint that facilitates the purchase of NFTs with major fiat payment methods.

  1. You have understood, acknowledged and accepted the following DISCLAIMER:

a. The risk of loss in trading or holding Bitcoin or any other Cryptocurrency can be substantial. You should therefore carefully consider whether trading or holding Bitcoin or any other Cryptocurrency is suitable for you in light of your financial condition. In considering whether to trade or hold Cryptocurrency, you should be aware that:

1. When you buy, sell or transfer Cryptocurrency you are dealing with a digital asset. This means that, like any other digital system, Cryptocurrencies are at risk of being hacked or affected by technical problems. This could result in you losing your Cryptocurrency or delaying your ability to sell, transfer or spend it;

2. The price or value of a Cryptocurrency can change rapidly, decrease and potentially even fall to zero. Factors that may affect the value of a Cryptocurrency include a change in governing regulation, introduction of new Cryptocurrencies, or a change to how a Cryptocurrency works.  

b. You acknowledge that we are not responsible for safeguarding or holding your Cryptocurrency, or any private keys or other security information needed to access your Cryptocurrency and that we are not responsible for any loss of Cryptocurrency resulting from theft, loss, or mishandling of Cryptocurrency private keys or other security information outside its control.  

c. Every purchase and sale of Cryptocurrency is effected on and confirmed by the respective network of that Cryptocurrency. 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. Cryptocurrency associated with Orders that are in a pending state will be designated accordingly.

d. In Ireland, our Services are not covered by the Financial Services and Pension Ombudsman.

e. Notwithstanding anything to the contrary in this Agreement, if you are using the NFT Checkout and are purchasing an NFT from a third party, Hypermint may facilitate the purchase and delivery of the NFT to a Wallet.

f. We do not endorse any NFT in any way. We do not verify the authenticity of and do not review (or approve) any NFT. NFT sellers may make claims about intellectual property ownership, rarity and uniqueness, and value. It is solely your responsibility to investigate and determine the authenticity of any NFT you are considering buying, along with the accuracy of the claims made by the NFT seller. The NFT seller also determines the price, and that price may not be the true market value of the NFT. The rarity and true market value of the NFT may be subject to change, especially if minting is ongoing. MoonPay makes no representations with respect to any NFT to be purchased. You should not assume that purchasing an NFT gives you any legal rights beyond mere ownership of the underlying blockchain asset. MoonPay makes no representations as to any auxiliary rights, benefits or rewards supposedly accompanying any NFT.

g. A transaction between a buyer and a seller takes place in a peer-to-peer fashion on a public blockchain. We do not guarantee that you will receive your NFT, as there are a number of reasons why transactions may fail. For example, network congestion, a technical blockchain issue or another buyer purchases that NFT before your transaction completes on the blockchain. In case your transaction fails, Hypermint will pay for any gas fees included in the transaction.


2. Eligibility

  1. To be eligible to use any of the MoonPay 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 relevant MoonPay Services are accessible; and
    4. are willing to provide to us any current valid personal identification documents that we request.


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 to buy or sell Cryptocurrency, you are buying Cryptocurrency from, or selling Cryptocurrency to, MoonPay directly. MoonPay does not act as an intermediary or marketplace between other buyers and sellers of Cryptocurrency. 
  3. MoonPay will  send / deliver Cryptocurrency to the Wallet address indicated at the time of the Order subject to the conditions of this Agreement;
  4. At no point during the purchase or sale will MoonPay be in possession or in control of client funds. 
  5. MoonPay does not host Wallets, and is not a custodian of your funds, assets, or cryptographic keys; and
  6. Orders through MoonPay are executed individually, one by one. 
  7. MoonPay may make the MoonPay Balance service available to you, which allows you to hold a balance of credits on the MoonPay platform. 
  8. 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 the MoonPay Services, you will need to register for an Account, complete Know Your Customer requirements, and accept the terms of this Agreement. By using MoonPay 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 establish your Account. You are fully responsible for all activity that occurs under your MoonPay Account. We may, in our sole discretion, refuse to open a MoonPay Account for you, or 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 MoonPay Services.
  3. The information we request may include certain personal information including, but not limited to, 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 subscriber status details. In providing us with this or any other information that may be 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 may be 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 MoonPay 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 the suspension of the provision of Services to you (including access to your Account) and/or the termination of 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 MoonPay Services is subject to a limit on the volume you may transact or transfer in a given period (e.g. daily). Your transaction limits may vary depending on your payment method, and other 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. Cryptocurrency orders

  1. You will be able to purchase and sell Cryptocurrencies from and to us, through our Site 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 Cryptocurrency that you wish to purchase or sell will be confirmed at the time that you place an Order.
  2. Acceptance of an Order does not guarantee that you will receive the corresponding amount of Cryptocurrency or fiat currency. The Cryptocurrency Order is conditional upon actual receipt by us of the funds from your credit or debit card or bank transfer or the Cryptocurrency from your wallet,  as well as payment of any applicable fees.
  3. Subject to clause 6.2 and the Order being honoured by your bank, card provider or other relevant party, Cryptocurrency purchases shall be credited to the Cryptocurrency Wallet provided by you at the time of the Order, as soon as possible once the Cryptocurrency purchase has been confirmed by the Cryptocurrency network. Once submitted to a Cryptocurrency network, a Cryptocurrency purchase will be unconfirmed for a period of time pending sufficient confirmation of the Order by the Cryptocurrency network. Cryptocurrency Orders that are in a pending state will not be credited to the Wallet until confirmed.
  4. Subject to clauses 6.2 and 8, Cryptocurrency sales shall be debited from the Cryptocurrency Wallet provided by you at the time of the Order, as soon as possible once the Cryptocurrency sale has been confirmed by the Cryptocurrency network. Once submitted to a Cryptocurrency network, a Cryptocurrency sale will be unconfirmed for a period of time pending sufficient confirmation of the Order by the Cryptocurrency network. Cryptocurrency Orders that are in a pending state will not be debited to the Wallet until confirmed. Once the Cryptocurrency sale is confirmed, fiat funds will be credited to the Customer’s bank, card provider or other relevant party. 
  5. MoonPay may use a third-party payment processor to process any card payment between you and MoonPay.
  6. If we allow you to set up a recurring purchase or sale of Cryptocurrencies (each, 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 instalments, 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. 
  7. Please note that as part of accessing our Services, you may be required to sign up to separate and independent terms when using the Partner Sites and with any third-party payment processor.
  8. We will endeavour to let you know in advance if we decide to stop offering a Cryptocurrency. But it may not always be possible to give you advance notice, for example if a Cryptocurrency becomes illegal or if a Cryptocurrency suddenly changes the way it functions or its name.

7. Cryptocurrency storage

  1. MoonPay does not provide any custodial Wallet services and does not hold, safeguard or administer private keys or Cryptocurrency 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 automatically 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.  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 Cryptocurrencies contained in your Wallet(s). We do not control and are not responsible for the Cryptocurrencies in your Wallet(s). You are solely responsible for any Cryptocurrencies 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 Cryptocurrencies contained in your Wallet(s). MoonPay is not liable for fluctuations in the fiat currency value of Cryptocurrencies in your Wallet.

8. MoonPay Wallet

  1. As part of our Services, you may be able to create a MoonPay Wallet, which is a non-custodial wallet. You understand and agree that as a non-custodial wallet, it is your responsibility to ensure you can access the MoonPay Wallet.
  2. In order to create a MoonPay Wallet, you may be required to provide additional information including your phone number or email, and a one time password (“OTP”). You agree not to provide another person's phone number or email address. This MoonPay Wallet will be linked to your MoonPay account and is controlled by you.
  3. When you create a MoonPay Wallet, a mnemonic phrase (aka a “seed phrase”) is created with random entropy on your device. This seed phrase is used to derive a cryptographic key pair. The resultant public/private key pair represents the MoonPay Wallet and ownership of the private key is evidence of your ownership of your MoonPay Wallet. The public key is visible to all participants of a blockchain’s network. This public/private key pair enables you to send and receive Cryptocurrencies on the relevant blockchain network. The private key is required to digitally sign transactions for any Cryptocurrency represented by the corresponding public key. We will not store your seed phrase or private key in our database. Instead, we utilise a dedicated and secure data centre from Amazon Web Services leveraging hardware security and proprietary technology to encrypt your seed phrase and automatically backup the encrypted wallet. 
  4. You as the user retain control of your MoonPay Wallet and private key at all times. We will never request your private key. We can not directly access your seed phrase or private key. Only the email or phone number associated with the MoonPay Account can access the materials needed to decrypt the encrypted backup. You may choose to backup and export your seed phrase at any time. You may also request that MoonPay delete any encrypted backup of your seed phrase. Please note that you are solely responsible for the security of your MoonPay Wallet and we are not be liable for any lost or stolen data. If there is additional two-factor authentication enabled, you may be required to authenticate with a second OTP in order to access your encrypted wallet backup.
  5. Once authenticated you may initiate any wallet related transaction using the Services at any time. We do not sign messages on your behalf or control the MoonPay Wallet on your behalf. Once authenticated you can initiate any relevant blockchain transaction. We have no duty to inquire into or investigate the validity or accuracy of any transaction, though we may, at our sole discretion, inquire into or investigate such a transaction. You will be responsible for keeping your phone and/or email address secure and for any activity associated with your phone/email and your MoonPay Wallet. We will not be responsible if someone else accesses your phone/email and authorises a transaction upon receipt of an OTP. You should let us know immediately if your phone has been stolen and/or your phone or email has otherwise been compromised. 
  6. We have no ability to access your seed phrase or any other raw private key information. We cannot initiate a transfer of Cryptocurrencies or otherwise access Cryptocurrencies in your MoonPay Wallet
  7. We are not your brokers, intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any decisions in connection with a MoonPay Wallet or our Services. We are not responsible for any activities that you engage in when using your MoonPay Wallet, and you should understand the risks associated with Cryptocurrencies.
  8. You are solely responsible for maintaining the security of your private keys and your MoonPay Wallet. 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 MoonPay Wallet and any Cryptocurrencies contained in it. We do not control and are not responsible for the Cryptocurrencies in your MoonPay Wallet. You are solely responsible for any Cryptocurrencies transferred to or from your MoonPay Wallet 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 MoonPay Wallet, you may lose access to your MoonPay Wallet and any Cryptocurrencies contained in it. We are not liable for fluctuations in the value of Cryptocurrencies in your MoonPay Wallet.

9. Transmission delays

  1. MoonPay will use good faith efforts to fulfil Orders at the time that you place such Order. However, from time to time, it may be necessary for MoonPay to delay fulfilment of an Order until such time as we are able to execute the Order. In such cases, we will notify you prior to the completion of your Order both:
    1. the amount of Cryptocurrency you will receive; and
    2.  the price at the time (including associated fees and costs).
  3. MoonPay does not have any control over transaction times for the Cryptocurrency 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.

10. Cancellations and refunds

  1. Once you have placed an Order, it cannot be cancelled or recalled. 
  2. All Orders are final and cannot be refunded. 
  3. Once an Order has been sent to a Wallet, it cannot be recalled or retrieved under any circumstances.
  4. You hereby agree that all purchases and sales of Cryptocurrency 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 Cryptocurrency 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. Please also note that Cryptocurrency 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, minus any applicable network fees.

11. MoonPay Balance

  1. Your MoonPay Balance may be used only to purchase Cryptocurrencies from us, and you may choose to receive the proceeds from a sale of Cryptocurrencies 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 Cryptocurrency, 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 Cryptocurrency (inclusive of any relevant fees). Any Cryptocurrency 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 may not 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 an electronic money account and does not qualify as a “deposit”. MoonPay Balance is not a representation of money or funds. By accepting the terms of this Agreement, you acknowledge and agree that your MoonPay Balance is not protected by any deposit guarantee scheme and the funds used to top up your MoonPay Balance account will not be safeguarded.
  8. 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.
  9. 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. Suspension, termination and cancellation

  1. MoonPay may: (a) refuse to complete, block, or cancel an Order you have authorised; (b) suspend, restrict, or terminate your access to any or all of the MoonPay Services; and/or (c) deactivate or freeze your MoonPay 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. we are, in our reasonable opinion, required to do so by applicable law, regulation or any court or other authority to which we are subject in any jurisdiction;
    3. we reasonably suspect you of breaching this Agreement;
    4. we have concerns that a transaction is erroneous or about the security of your MoonPay Account or we suspect the MoonPay Services are being used in a fraudulent or unauthorised manner;
    5. we suspect money laundering, terrorist financing, fraud, or any other financial crime;
    6. use of your MoonPay 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 MoonPay Account activity; 
    7. you take any action that seeks to circumvent our controls such as opening multiple MoonPay 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 satisfaction;
    9. MoonPay reasonably believes that it is necessary or desirable to 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 any competent authority or regulator; 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 a Cryptocurrency Order in accordance with this clause 11.
  6. Where the reasons for MoonPay's actions under this clause 11 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. 
  7. Notwithstanding the above, we may suspend, restrict, or terminate your access to any or all of the MoonPay Services and/or deactivate or cancel your MoonPay Account, without reason at any time. 
  8. You will also be able to cancel your MoonPay 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 MoonPay Account is cancelled or suspended, such Order will be completed before cancellation or suspension is effected. You may not cancel your MoonPay Account to evade an investigation or avoid paying any amounts otherwise due to MoonPay.  
  9. In the event that we terminate your access to the Services, or deactivate or cancel your MoonPay Account, or either we or  you terminate this Agreement, you will remain liable for all amounts due under this Agreement prior to this, including all fees and charges.
  10. You must redeem your MoonPay Balance before you terminate or close your account. Failure to do so may result in you losing access to your MoonPay Balance.

13. Fees

  1. Fees payable under this Agreement shall be paid in the applicable fiat currency. Fees are finalised at the time of execution or top up and by proceeding with an Order or top up 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. MoonPay reserves the right to pursue any financial losses suffered due to you filing a chargeback procedure with your bank. These can include administration fees levied by the card acquirer and card schemes as well as the monetary value of the Cryptocurrencies.

14. 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 relating to tax.

15. Data protection law  

  1. We are committed to keeping your personal information safe. We process personal information in accordance with applicable data protection legislation. Please read our privacy policy to understand how we use and protect the information you provide us. A copy of our privacy policy can be accessed here: unknown node

16. 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; and/or
    3. 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 Cryptocurrency, loss of MoonPay Balance, 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 Cryptocurrencies or MoonPay Balance, 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 indemnify and 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 MoonPay Services and Site.

17. 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 as principal and not on behalf of any third party;
    4. you will not violate any applicable laws by entering into this Agreement or receiving the Services provided under it;
    5. you will not facilitate any viruses, malware, worms, trojan horses or some other computer programming routines that may damage, corrupt, disrupt, misuse or gain unauthorised access to any data, system information or MoonPay services;
    6. funds or Cryptocurrencies transferred to a Wallet or any sub-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 endeavours to ensure the accuracy of the information that we provide, and which in turn, is provided 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 MoonPay Services are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the MoonPay 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 MoonPay 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 you comply with any applicable laws.

18. 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 do so.
  2. Your card will remain stored against your Account for transactional purposes, unless you decide to remove it, or until the card expires. We will store card details and records of your transactions in accordance with our Privacy Policy.
  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 forms the reference for you to reference the correct card you wish to use.
  5. We also compare stored details in our fraud screening systems to prevent your details being used on any other Accounts and safeguard your data.
  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.

19. 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 begins on the day after the date that your application is accepted by us.
  2. We will not normally provide the Services during the withdrawal period. Any Services or Orders which are fully performed before a withdrawal cannot be reversed.
  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.

20. Protection

  1. When you buy Cryptocurrency through MoonPay, you will not have recourse to the Financial Services and Pensions Ombudsman.

21. Term

  1. This Agreement will commence in the manner set out in clause 1 and will continue unless either party notifies the other of termination, in writing, in accordance with this Agreement.
  2. This Agreement can be terminated 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.

22. 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 a decision by a relevant ombudsman or regulator; 
    2. to make them more favourable 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. We will endeavour to provide notice of any amendment to you in advance by emailing it to you, indicating when the revised Agreement will become effective. Although we will endeavour to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be 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 MoonPay Services after any amendment. You will be deemed to have accepted the changes if you continue to use the MoonPay Services. 
  5. If you do not accept the changes, you should terminate the Agreement in accordance with section 20.2, close your MoonPay Account, and cease using the MoonPay Services. 
  6. An up to date copy of these terms is always available on our Website.

23. 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 authorisation or otherwise compromised, you must notify us immediately and you agree to change your password immediately if necessary.  
  3. We will never ask you to share your password with us or any third party and you must 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. In case any of the email addresses registered with your Account are compromised, you should immediately contact us.

24. Force majeure

  1. 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 telecommunication or computer service.

25. 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 possess proper knowledge and understanding of the English language);
    2. Must be delivered and/or sent to us to one of the following addresses:Mailing Address: 3rd Floor, Waterways House, Grand Canal Quay, Dublin, Ireland, or Email address: unknown node, or at another address as we may from time to time notify you; and
    3. 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.
  3. 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 at the start of the next Business Day if delivered at any other time;
    2. If sent by post to and from a place within the United Kingdom, at the start of the second Business Day after it was put in the post;
    3. If sent by post to or from a place outside the United Kingdom, at the start of the fifth Business Day after it was put in the post; or
    4. 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 (local time at the place of receipt) and, in any other case, at the start of the Business Day following the date of transmission. 
  5. 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 service of proceedings or any legal action by email from you or any third party. 
  6. We may (where allowed to do so by law) communicate with you by posting information in your Account or on the Site, in which case the information will be treated as received by you when it is posted by us.
  7. If you have any feedback or questions contact us via our Customer support email address at unknown node. Please provide your name, address, and any other information we may need to identify you, your Account, and the Order on which you have feedback or questions. 
  8. 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 thirty (30) days of receipt of your written complaint with our final response.

26. General

  1. You must comply with all applicable laws, regulations, licensing requirements and third party rights in your use of the MoonPay Services.
  2. We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Site, 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 Site or Content is expressly prohibited and all other right, title, and interest in the Site or Content is exclusively the property of MoonPay and its licensors. You agree not to copy, transmit, distribute, sell, licence, 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 MoonPay 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 MoonPay Services and the Site is subject to international export controls and economic sanctions requirements. By using the Services to send, buy, or sell Cryptocurrencies, you agree that you will comply with those requirements. You are not permitted to acquire Cryptocurrency or use any of the MoonPay Services through the Site 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 Cryptocurrency or MoonPay 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 made available on the Site 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 MoonPay 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, licences, interests and/or obligations to anyone else. We may transfer or assign our rights licences, interests and / or our obligations at any time to any persons, including but not limited as part of a merger, acquisition or other corporate reorganisation involving MoonPay, provided that this transfer or assignment does not materially impact the quality of the MoonPay Services you receive. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
  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. 
  17. 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. 
  18. 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, MoonPay Account cancellation, debts owed to MoonPay, general use of the Site, disputes with MoonPay, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.
  19. This Agreement will be governed by, and construed in accordance with, Irish law and, subject to any overriding legal requirements, the courts of Ireland 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.