Terms of Use
If you are a resident of the United States, please click here to see the MoonPay Terms of Use that apply to you.
Last updated: October 23, 2024
1. Introduction
This is a contract between you and each of:
MP Technology Services Limited (“MoonPay Ltd”), a company organised and existing under the laws of the Seychelles and having its registered office at Suite 108, Premier Building, Victoria, Maha, The Republic of Seychelles;
MoonPay Technology Services Limited (“MoonPay Ireland”), a company organised and existing under the laws of Ireland and having its principal place of of business at 3rd Floor , Waterways House, Grand Canal Quay, Dublin, Ireland, with company number 697233, together “MoonPay”
1.1 In this document, references to MoonPay/we/our/us are to MoonPay Ltd and/or MoonPay Ireland depending on the services being discussed. At all times, any handling or delivery of Cryptocurrency will be carried out by MoonPay Ltd, and any handling or dealing in any fiat currency will be carried out by MoonPay Ireland (including any receipt of payments for purchases you make with MoonPay Ltd). At no time will MoonPay Ireland be responsible for the handling or delivery of, or provision of services in relation to, any Cryptocurrency or MoonPay Balance. Any references to Customer/you/your are references to you as a customer of MoonPay and user of our services. Any references to the "Service" includes websites, APIs, or mobile applications
1.2 You agree that the liability of each of MoonPay Ltd and MoonPay Ireland under this Agreement is several and not joint, and each of MoonPay Ltd and MoonPay Ireland shall be liable only for their own respective obligations under this Agreement, and any breaches by them of those obligations. This means that each of them are responsible to you for their own breaches of this Agreement, and not for each other’s breaches.
1.3 Please read this document carefully, as it sets out the terms and conditions on which MoonPay will provide services to you through our websites, Application Programming Interfaces (“APIs”), or mobile applications (together our “Site”).
1.4 By signing up to create an Account with MoonPay and use our Services, you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and Cookie Policy.
1.5 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 transaction records.
1.6 Use of cryptocurrency may be illegal in some jurisdictions. It is your responsibility to know the regulatory requirements concerning transactions with cryptocurrency in your jurisdiction before using the Services.
1.7 For the purposes of this Agreement:
1.7.1 an “Account” means an online account created by you in order to access the MoonPay Services;
1.7.2 a "Business Day" means any day which is not a Saturday, Sunday or public holiday in the respective jurisdiction referred to at clause 1.1, and which the banks are open for business in such jurisdiction;
1.7.3 “Cryptocurrency” or “Cryptocurrencies” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically. The definition of Cryptocurrency also includes “right to, or interest in, the Cryptocurrency”;
1.7.4 “Order” means a request for the Services;
1.7.5 “Partner” means third party firms who refer you to MoonPay in order to purchase and/or sell Cryptocurrencies;
1.7.6 “Partner Sites” means Partner’s mobile applications and websites;
1.7.7 ““MoonPay Balance” means the service offered by MoonPay that allows you to hold a balance of credits on the MoonPay platform.
1.7.8 “Services” means the service allowing you to purchase, sell and/or swap Cryptocurrencies from MoonPay and the MoonPay Balance service, individually and collectively; and
1.7.8 “Wallet” means a secured digital facility in which Cryptocurrencies are held.
1.7.9 “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.
1.7.10 “NFT Checkout" means the service offered by MoonPay that facilitates the purchase of NFTs with major fiat payment methods.
1.8 You have understood, acknowledged and accepted the following DISCLAIMER:
1.8.1 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 the price or value of Cryptocurrency can change rapidly, decrease, and potentially even fall to zero.
1.8.2 You acknowledge that MoonPay is not responsible for safeguarding or holding your Cryptocurrency, or any private keys or other security information to access your Cryptocurrency and that MoonPay is not responsible for any loss of Cryptocurrency resulting from theft, loss, or mishandling of Cryptocurrency private keys or other security information outside its control.
1.8.3 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. Cryptocurrency associated with Orders that are in a pending state will be designated accordingly.
1.8.4 Notwithstanding anything to the contrary in this Agreement, if you are using the NFT Checkout and are purchasing an NFT from a third party, MoonPay may facilitate the purchase and delivery of the NFT to a Wallet.
1.8.5 We do not endorse any NFT in any way. We do not verify the authenticity and do not review (or approve) of 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.
1.8.6 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, MoonPay will pay for any gas fees included in the transaction.
2. Eligibility
2.1 To be eligible to use any of the MoonPay Services, you confirm that you are:
2.1.1 at least 18 years old;
2.1.2 have sufficient capacity to enter into legally binding contracts;
2.1.3 reside in a country in which the relevant MoonPay Services are accessible; and
2.1.4 willing to provide to us any current valid personal identification documents that we request
2.2 The list of non-supported countries can be found here.
3. Services provided to you
3.1 Once you have completed the registration process (as set out at clause 4 below), MoonPay will provide the Services to you.
3.2 When using the Services, 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.
3.3 MoonPay will send / deliver Cryptocurrency to the Wallet address indicated at the time of the Order subject to the conditions of this Agreement;
3.4 At no point during the purchase or sale, will MoonPay be in possession or in control of client funds.
3.5 MoonPay does not host Wallets, and is not a custodian of your funds or assets;
3.6 Orders through MoonPay are executed individually, one by one; and
3.7 If you are a resident of a country where the service is offered, MoonPay may make the MoonPay Balance service available to you, which allows you to hold a balance of credits on the MoonPay platform.
3.8 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
4.1 To use the MoonPay Services, you will need to register for an Account by providing your name, email address and accepting the terms of this Agreement. By using MoonPay Services, you agree and represent that you will use the MoonPay 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 are not required to provide you with the reasons for taking any such action. 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.
4.2 The information we request may include certain personal information including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) 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 treat this information in accordance with the data protection provisions of this Agreement, as set out at clause 13.
4.3 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 inquiries. 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. This is an identity check only and should have no adverse effect on your credit rating. 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.
4.4 Failure to provide any information that MoonPay reasonably requests from you pursuant to applicable money laundering laws and regulations after you have become a Customer shall 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.
4.5 Where you are referred to us by our Partners via Partner Sites, you will still be required to register for an Account with MoonPay and this Agreement will apply in full irrespective of any other terms you sign up to with our Partners.
5. Transactions limits and enhanced due diligence
5.1 The use of all MoonPay Services is subject to a limit on the volume, stated in GBP, EUR or other fiat currency you may transact or transfer in a given period (e.g. daily). To view your limits, login to your MoonPay Account. Your transaction limits may vary depending on your payment method, verification steps you have completed and other factors. We reserve the right to change applicable 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 will 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 at unknown node.
5.2 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 at a subsequent time even if you have completed Enhanced Due Diligence.
6. Cryptocurrency orders
6.1 You will be able to purchase and sell (or swap) Cryptocurrencies (if in a supported region) from and to us, through our Site and through Partner Sites subject to the 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 with us.
6.2 Acceptance by us 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 in the case of a swap, the applicable Cryptocurrency), as well as payment of any applicable fees.
6.3 Subject to clause 6.2 and the Order being honoured by the Customer’s bank, card provider or other relevant party, Cryptocurrency purchases and swaps shall be credited to any Cryptocurrency Wallet, as 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.
6.4 Subject to clauses 6.2 and 8, Cryptocurrency sales shall be debited to any Cryptocurrency Wallet, as 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. Once the Cryptocurrency sale is confirmed, fiat funds will be credited to the Customer’s bank, card provider or other relevant party.
6.5 MoonPay may use a third-party payment processor to process any fiat payment between you and MoonPay.
6.6 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 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.
6.7 Please note that as part of accessing our Services, you may be required to sign up to separate and independent terms.
7. Cryptocurrency storage
7.1 MoonPay does not provide any Wallet or hold, safeguard or administer any private keys or other security information or Cryptocurrency for its Customers.
7.2 When using the Services, you will be asked to provide us with the address for your Wallet by either:
- providing a QR code which represents your Wallet address;
- manually typing your Wallet address;
- using a Wallet address automatically provided by a MoonPay partner; or
- accessing your MoonPay Wallet.
7.3 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 this 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 for the Order.
7.4 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). MoonPay does not control and is 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.
7.5 MoonPay Wallet
7.5.1 As part of our Services, you may be able to create a MoonPay Wallet. You understand and agree that the MoonPay Wallet is a non-custodial wallet.
7.5.2 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.
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. MoonPay will not store your seed phrase or private key in its database. Instead, MoonPay utilises 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.
- You as the user retain control of your MoonPay Wallet and private key at all times. MoonPay will never request your private key. MoonPay 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. This encrypted backup is only ever decrypted on your local device and is never sent or stored anywhere on the MoonPay servers. You may choose to backup and export your mnemonic phrase at any time. You may also request that MoonPay delete any encrypted backup of your mnemonic phrase. Please note that if you do export your mnemonic phrase, you are solely responsible for the security of your MoonPay Wallet and MoonPay can 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.
- Once authenticated you may initiate any wallet related transaction using the Services at any time. MoonPay does not sign messages on your behalf or control the MoonPay Wallet on your behalf. Once authenticated you, the user, can initiate any relevant blockchain transaction. MoonPay has no duty to inquire into or investigate the validity or accuracy of any transaction, though it may, at its sole discretion, inquire into or investigate such a transaction. You, the user, 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. MoonPay will not be responsible if someone else accesses your phone/email and authorises a transaction upon receipt of an OTP. You should let MoonPay know immediately if your phone has been stolen and/or your phone or email has otherwise been compromised.
- MoonPay has no ability to access your seed phrase or any other raw private key information. We cannot unilaterally initiate a transfer of Cryptocurrencies or otherwise access Cryptocurrencies in your MoonPay Wallet
- 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.
- 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. MoonPay does not control and is 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. MoonPay is not liable for fluctuations in the fiat currency value of Cryptocurrencies in your MoonPay Wallet.
8. Transmission delays
8.1 MoonPay will use good faith efforts to fulfil Orders at the time that you place such Order, including the applicable fee and costs. 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:
8.1.1 the amount of Cryptocurrency you will receive; and
8.1.2 the price at the time (including associated fees and costs).
8.2 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.
9. Cancellations and refunds
9.1 Once you have placed an Order has been made it cannot be cancelled or recalled.
9.2 All Orders are final and cannot be refunded.
9.3 Once an Order has been sent to the Cryptocurrency Wallet it cannot be recalled or retrieved under any circumstances.
9.4 You hereby agree that upon delivery, you will not be entitled to any credit or refund and all purchases, sales, and swaps of Cryptocurrency are final. MoonPay's obligation towards you will be absolutely discharged upon delivery of the Cryptocurrency to your Wallet or fiat funds to your bank account and you shall have no claim or right against MoonPay upon such delivery.
9.5 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 safe. MoonPay will not take responsibility to issue refunds, regardless of whether you were the victim of fraud, mistake or loss of private key.
9.6 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.
10. MoonPay Balance
10.1 MoonPay Balance may be available to you if you are resident in a country where the Services are made available. Your MoonPay Balance may be used only to purchase Cryptocurrencies and non-fungible tokens (NFTs) from us, and you may receive the proceeds from a sale of Cryptocurrencies or NFTs into your MoonPay Balance in an amount of credits equal to the value of the sale.
10.2 If you use your MoonPay Balance to purchase a Cryptocurrency or NFT, 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 or NFT (inclusive of any relevant fees). Any Cryptocurrency or NFT 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.
10.3 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.
10.4 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.
10.5 Subject to the terms of this Agreement, your MoonPay Balance does not expire.
10.6 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 11 have been satisfied, or (e) for any other reason we believe provides a valid reason for taking such action.
10.7 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.
10.8 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.
10.9 You acknowledge and agree that we have the right to offset any debt you owe to us or our affiliates against your MoonPay Balance.
11. Suspension, termination and cancellation
11.1 MoonPay may: (a) refuse to complete, or block or cancel transactions you have authorised, (b) suspend, restrict, or terminate your access to any or all of the MoonPay Services, and/or (c) deactivate or cancel your MoonPay Account with immediate effect for any reason, including but not limited to where:
11.1.1 we reasonably believe that we need to do so in order to protect our reputation;
11.1.2 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;
11.1.3 we reasonably suspect you of acting in breach of this Agreement;
11.1.4 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;
11.1.5 we suspect money laundering, terrorist financing, fraud, or any other financial crime;
11.1.6 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; and / or
11.1.7 you take any action that may circumvent our controls such as opening multiple MoonPay Accounts or abusing promotions which we may offer from time to time.
11.1.8 you fail to provide on request such documentation as 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 money laundering laws and regulations or otherwise to ensure the verification of your identity and/or funding sources to MoonPay satisfaction.
11.1.9 any Cryptocurrency Order is significantly larger in size;
11.1.10 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.
11.2 In the case of any such suspension, MoonPay shall make reasonable efforts to inform you about the withholding or suspension, provided that such disclosure:
11.2.1 is not in breach of any applicable law or regulation and does not contravene the instruction of any competent authority or regulator; and
11.2.2 would not compromise MoonPay's reasonable security measures.
11.3 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 10.
Where the reasons for MoonPay's actions under this clause 10 cease to exist, MoonPay may, at its discretion, either reinstate access to the Account and the Services and/or issue the Customer with new Account details and 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 can be removed.
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 by giving you one months’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your MoonPay Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.
11.4 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 is effected. You may not cancel your MoonPay Account to evade an investigation or avoid paying any amounts otherwise due to MoonPay.
11.5 In the event that you or we terminate this Agreement or your access to the Services, or deactivate or cancel your MoonPay Account, you will remain liable for all amounts due under this Agreement prior to this, including all fees and charges.
11.6 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.
12. Fees
12.1 All fees payable under this Agreement are displayed prior to the purchase or sale of Cryptocurrency by using the Services and/or prior to the top up or redemption of MoonPay Balance. All fees shall be paid in the applicable fiat currency. Please note, our fees are made clear to you at the point of sale, and on this point you will be asked to confirm that you are clear about the fee and that in proceeding you agree to the fee prior to MoonPay executing the Order.
12.2 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.
13. Taxes
You are responsible for determining whether, and to what extent, any taxes apply to any transactions associated with these Services, You must withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
14. Data protection law
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: https://www.moonpay.com/legal/privacy_policy.
15. Liability
15.1 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:
15.1.1 death or personal injury;
15.1.2 for fraud, fraudulent misrepresentation or fraudulent misstatement; and/or
15.1.3 any statutory liability not capable of limitation.
15.2 MoonPay shall not in any event 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 you incurring the same.
15.3 MoonPay disclaims all liability associated with the use of Cryptocurrency or MoonPay Balance, including:
15.3.1 unknown inherent technical defects;
15.3.2 regulatory or legislative changes; and
15.3.3 currency fluctuation.
15.4 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.
15.5 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.
15.6 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 you use and access of the MoonPay Services and Site.
16. Warranties and representations
16.1 By agreeing to this Agreement, you represent, warrant and undertake to us that:
16.1.1 you have full power and authority to enter into this Agreement;
16.1.2 you understand and acknowledge that we do not warrant that any of the Services available through our API are suitable or appropriate for your needs and that you must take your own independent legal and other advice on such Services;
16.1.3 you are entering into this Agreement as principal and not on behalf of any third party;
16.1.4 you will not violate any applicable laws by entering into this Agreement or receiving the Services provided under it;
16.1.5 you will not provide false, misleading or inaccurate information;
16.1.6 you will not facilitate any viruses, malware, worms, trojan horses or some other computer programming routines that may damage, corrupt, disrupt, misuse or gain unauthorized access to any data, system information or MoonPay services;
16.1.7 funds or Cryptocurrencies transferred to the Wallet or any sub-Wallet have been acquired lawfully;
16.1.8 you will not use an anonymizing proxy; use any, other automatic devices, spider or manual process to copy or monitor our websites without our prior written permission;
16.1.9 you will not harass and/or threaten our employees, agents, or other users;
16.1.10 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;
16.1.11 any information provided by you to MoonPay under this Agreement is true, complete, accurate, up to date and not misleading; and
16.1.12 you shall provide all assistance reasonably requested by MoonPay to enable MoonPay to comply with its obligations under this Agreement.
16.2 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.
16.3 MoonPay makes no representation or warranty that the Services are applicable or appropriate for use by Customers in all jurisdictions and it is your responsibility to ensure compliance with the laws of any relevant jurisdiction of your residence.
17. Stored credit card details
17.1 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.
17.2 Your card will remain stored against your Account for transactional purposes, unless you decide to remove it, or until the card expires. For legal purposes, we will continue to store records of your transactions in accordance with our Privacy Policy.
17.3 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.
17.4 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.
17.5 We also compare stored details in our fraud screening systems, to prevent your details being used on any other Accounts and safeguard your data.
17.6 As per our policy, 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.
17.7 Changes in the permitted use will require your agreement, we will notify you if this occurs.
18. Right of withdrawal
18.1 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.
18.2 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.
18.3 You must notify your withdrawal request to us within the allotted period by email to [email protected].
18.4 If you exercise your right of withdrawal, this Agreement will be terminated at no cost to you.
19. Term
19.1 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.
19.2 This Agreement can be terminated immediately by the Customer providing written notice to MoonPay.
19.3 This Agreement can be terminated by MoonPay in accordance with all the provisions of this Agreement.
20. Security
20.1 You will be provided with security details from us which will be needed in order for you to access your Account with us. You must keep all such security details (including usernames and passwords) private and not share such details with any third party.
20.2 You must monitor your Account and read all messages that have been sent to you. 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 contact us immediately notifying us of such action and you agree to change your password immediately if necessary.
20.3 We will never ask you to share your password with us or to any third party and you must never disclose this to anybody or allow someone to watch you when you are accessing your Account. It is advised that in order to keep your Account safe, you change your password regularly as this will minimise the risk of your Account being compromised.
20.4 You must also ensure that your registered email account(s) are secure and can only be accessed by you, as your email address may be used in the process of resetting passwords or we may send communications to your email account regarding the security of your Account with us. In case any of the email addresses registered with your Account are compromised, you should, immediately contact us and also contact your email service provider, once you have been made aware of this.
21. Force majeure
Except as set out otherwise, neither party will be liable for any loss caused directly or indirectly from circumstances not within its 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.
22. Notices
22.1 All notices and communications pursuant or in connection with this Agreement:
22.1.1 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);
22.1.2 Must be delivered and/or sent to us to the following:
Address: 20-22 Wenlock Road, London, England, N1 7GU.
Email: unknown node.
or at another address (within the United Kingdom) as we may from time to time notify you; and
22.1.3 Will be delivered or sent to you at the postal address or email address that you have notified or provided to us in connection with this Agreement.
22.2 Any notice or other communication sent by post will be sent by pre-paid first-class post (if to/from the United Kingdom) or by pre-paid airmail (if to/from outside of the United Kingdom).
22.3 The parties acknowledge that any notice or other communication will be deemed to be given as follows :
22.3.1 If delivered, 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;
22.3.2 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;
22.3.3 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
22.3.4 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.
22.4 This clause will not apply to the service of any proceedings or other documents in any legal action by the parties. MoonPay will not accept service of proceedings or any legal action by way of email by you or any third party.
22.5 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.
22.6 Complaints and general queries If you have any feedback or questions contact us via our Customer support email address at unknown node 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.
22.7 For any complaint relating to the Services, you are advised to contact unknown node. Should we receive a complaint from you, we will immediately 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.
24. Dispute Resolution
24.1 This section 24 of the Agreement will be referred to as the “Arbitration Agreement”. Please read this section 24 carefully. It requires that any dispute, controversy or claim arising out of or relating to this contract, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator. The seat of the arbitration will be London, England. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.
24.2 Informal Resolution. You and MoonPay agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and MoonPay therefore agree that, before either you or MoonPay demands or attempts to commence arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. For sake of clarification only, the informal dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify MoonPay that you intend to initiate an informal dispute resolution conference, email unknown node, providing your name, telephone number associated with your MoonPay account (if any), the email address associated with your MoonPay account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
24.3 Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certify completion of the informal dispute resolution conference pursuant to Section 23.3. If this notice is being sent to MoonPay, it must be sent by email to the counsel who represented MoonPay in the informal dispute resolution process, or if there was no such counsel, then by email to unknown node.
24.4 The parties agree that, wherever practicable, they will seek to appoint a fair representation of diverse arbitrators and will request administering institutions to include a fair representation of diverse candidates on their rosters and list of potential arbitrator appointees.
24.5 This Agreement and the rights of the parties hereunder shall be governed and construed in accordance with the laws of England and Wales, exclusive of conflict or choice of law rules.
24.6 In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits.
24.7 In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the reasonable costs for legal representation incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under the circumstances where the prevailing party won on some but not all of its claims and counterclaims, the arbitrators may award the prevailing party an appropriate percentage of the reasonable costs for legal representation incurred by the prevailing party in connection with the arbitration.
24.8 This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before, on, or after the effective date of this Agreement. You agree that any dispute or claim arising out of or relating in any way to the subject matter of the Agreement, to your access or use of the Services, to any advertising or marketing communications regarding MoonPay or the Services, to any products or services sold or distributed through the Services that you received, or to any aspect of your relationship or transactions with MoonPay, will be resolved by binding arbitration, rather than in court, except as otherwise required by law or as otherwise provided in this Arbitration Agreement. In addition, to the extent permitted by applicable law, either you or MoonPay may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). Either you or MoonPay may also, to the extent permitted by applicable law, apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual.
24.9 If you are a customer who creates a MoonPay Account for the first time on or after the effective date of this Agreement, you may opt out of this Arbitration Agreement. If you do so, neither you nor MoonPay can force the other to arbitrate as a result of this Agreement. To opt out, you must notify MoonPay in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your MoonPay username (if any), the email address you currently use to access your MoonPay account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: unknown node. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us. MoonPay’s updates to this Agreement do not provide a new opportunity to opt out of the Arbitration Agreement for customers or Users who had previously agreed to a version of this Agreement, and did not validly opt out of arbitration. MoonPay will continue to honor the valid opt outs of customers who validly opted out of the requirement to use arbitration in a prior version of this Agreement.
24.10 This Arbitration Agreement will survive any termination of your relationship with MoonPay.