EXPRESS CHECKOUT TERMS OF USE (REST OF WORLD)
EFFECTIVE DATE: June 10, 2025
This is a contract governing your use of the MoonPay express checkout services and is 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. 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 express checkout purchase and/or sale of Cryptocurrencies services to you through our websites, Application Programming Interfaces (“APIs”), or mobile applications (together our “Site”).
1.4 By agreeing to these terms and using 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. 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 We may from time to time make changes to the terms of this Agreement and any other relevant agreement in our sole discretion. Unless specifically indicated otherwise, any change will take effect immediately when the revised Agreement is posted through one of our communication channels (such as our website or mobile or desktop applications, if applicable). You will be provided a link to these every time you attempt to use these Services. Your use of the Services after the effective date of a change to this Agreement means you have read and accepted these changes.
1.7 You may need to accept additional terms in order to use our Services, including terms and conditions of third parties that we may integrate or partner with. Your agreement with such third party will govern the terms and conditions of products or services provided by any third parties. We are not responsible for the products or services provided to you by any third party.
1.8 MoonPay may, as applicable, cause one or more of its affiliates to perform its obligations set forth herein.
1.9 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.
1.10 For the purposes of this Agreement:
1.10.1 a "Business Day" means any day which is not a Saturday, Sunday or public holiday in which the banks are open for business in our jurisdictions;
1.10.2 “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”;
1.10.3 “Order” means a request for the Services;
1.10.4 “Partner” means third party firms who refer you to MoonPay in order to purchase and/or sell Cryptocurrencies;
1.10.6 “Partner Sites” means Partner’s mobile applications and websites;
1.10.8 “Services” means the express checkout services described in this Agreement allowing you to purchase Cryptocurrencies from MoonPay, individually and collectively; and
1.10.8 “Wallet” means a secured digital facility in which Cryptocurrencies are held.
1.11 You have understood, acknowledged and accepted the following DISCLAIMER:
1.11.1 The risk of loss in trading or holding any Cryptocurrency can be substantial. You should therefore carefully consider whether trading or holding any 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.
1.11.2 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.
1.11.3 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.
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.
3.1 The Service enables you to engage in one-time transactions to purchase Supported Cryptocurrencies without creating an ongoing business relationship or account with MoonPay or using a wallet that is accessed with software provided by MoonPay. You can engage in these one-time transactions to purchase Supported Cryptocurrencies with fiat currency by using payment methods that MoonPay may choose to make available (each a “Valid Payment Method”).
3.2 When using the Services, you are buying Cryptocurrency from 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 MoonPay DOES NOT facilitate or provide trading or investment or brokerage accounts or facilities, nor does MoonPay provide investment or any other financial advice.
4.1 To use the MoonPay express checkout Services, you will need to provide certain information including your name, date of birth, and email address. By using these Services, you agree and represent that you will use the MoonPay Services only for yourself, and not on behalf of any third party. We may, in our sole discretion, refuse to provide the Services to you or suspend or terminate our provision of the Services to you, and are not required to provide you with the reasons for taking any such action. You may also need to complete certain verification procedures before you are permitted to start using the MoonPay Services.
4.2 In providing us with your personal information required to access the Services 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 14.
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 any 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 shall be grounds for the suspension of the provision of Services to you 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, this Agreement will apply in full irrespective of any other terms you sign up to with our Partners.
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 with in a given period (e.g. daily). 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. If you have questions about these limits, please contact us at unknown node.
6.1 You will be able to purchase Cryptocurrencies 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. The Cryptocurrency Order is conditional upon actual receipt by us of the funds from your credit or debit card, as well as payment of any applicable fees.
6.3 Subject to clause 6.2, Cryptocurrency purchases 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 MoonPay may use a third-party payment processor to process any fiat payment between you and MoonPay.
6.7 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.
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:
7.2.1. providing a QR code which represents your Wallet address;
7.2.2 manually typing your Wallet address; or
7.2.3. using a Wallet address automatically provided by a MoonPay partner.
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.
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.
9.1 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.
10.1 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, with immediate effect for any reason, including but not limited to where:
10.1.1 we reasonably believe that we need to do so in order to protect our reputation;
10.1.2 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;
10.1.3 we reasonably suspect you of acting in breach of this Agreement;
10.1.4 we have concerns that a transaction is erroneous or about the security of the MoonPay platform or we suspect the MoonPay Services are being used in a fraudulent or unauthorised manner;
10.1.5 we suspect money laundering, terrorist financing, fraud, or any other financial crime;
10.1.6 your use of the MoonPay Services are subject to any pending litigation, investigation, or government proceeding and / or we perceive a heightened risk of legal or regulatory non-compliance associated with you or your activity; and / or
10.1.7 you take any action that may circumvent our controls such as abusing promotions which we may offer from time to time.
10.1.8 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.
10.1.9 any Cryptocurrency Order is significantly larger in size;
10.1.10 MoonPay reasonably believes that it is necessary or desirable to do so in order to protect the security of the platform, including circumstances where any of your personal information may have been lost or stolen.
10.2 In the case of any such action, MoonPay shall make reasonable efforts to inform you, provided that such disclosure:
10.2.1 is not in breach of any applicable law or regulation and does not contravene the instruction of any competent authority or regulator; and
10.2.2 would not compromise MoonPay's reasonable security measures.
10.3 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 Servicers or withhold settlement of a Cryptocurrency Order in accordance with this clause 10.
10.4. Where the reasons for MoonPay's actions under this clause 10 cease to exist, MoonPay may reinstate your access to the Services.
10.5 In the event that you or we terminate this Agreement or your access to the Services, you will remain liable for all amounts due under this Agreement prior to this, including all fees and charges.
11.1 All fees payable under this Agreement are displayed prior to the purchase of Cryptocurrency by using the Services. 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 at this point you will be asked to confirm that you are clear about the fees and that in proceeding you agree to the fees prior to MoonPay executing the Order.
11.2 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.
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.
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.
14.1 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:
14.1.1 death or personal injury;
14.1.2 for fraud, fraudulent misrepresentation or fraudulent misstatement; and/or
14.1.3 any statutory liability not capable of limitation.
14.2 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, 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.
14.3 MoonPay disclaims all liability associated with the use of Cryptocurrency including:
14.3.1 unknown inherent technical defects;
14.3.2 regulatory or legislative changes; and
14.3.3 currency fluctuation.
14.4 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.
14.5 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.
14.6 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.
15.1 By agreeing to this Agreement, you represent, warrant and undertake to us that:
15.1.1 you have full power and authority to enter into this Agreement;
15.1.2 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;
15.1.3 you are entering into this Agreement as principal and not on behalf of any third party;
15.1.4 you will not violate any applicable laws by entering into this Agreement or receiving the Services provided under it;
15.1.5 you will not provide false, misleading or inaccurate information;
15.1.6 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;
15.1.7 funds or Cryptocurrencies transferred to the Wallet or any sub-Wallet have been acquired lawfully;
15.1.8 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;
15.1.9 you will not harass and/or threaten our employees, agents, or other users;
15.1.10 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;
15.1.11 any information provided by you to MoonPay under this Agreement is true, complete, accurate, up to date and not misleading; and
15.1.12 you shall provide all assistance reasonably requested by MoonPay to enable MoonPay to comply with its obligations under this Agreement.
15.2 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.
15.3 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.
16.1 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.
16.2 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.
16.3 You must notify your withdrawal request to us within the allotted period by email to [email protected].
16.4 If you exercise your right of withdrawal, this Agreement will be terminated at no cost to you.
17.1 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.
17.2 This Agreement can be terminated immediately by the Customer providing written notice to MoonPay.
17.3 This Agreement can be terminated by MoonPay in accordance with all the provisions of this Agreement.
18.1 You may be provided with certain 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.
18.2 You must also ensure that your email account used to access the Services is secure and can only be accessed by you, as you will need to verify your email address before receiving the Services.
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.
20.1 All notices and communications pursuant or in connection with this Agreement:
20.1.1 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);
20.1.2 Must be delivered and/or sent to us at [email protected] or at any another address as we may from time to time notify you; and
20.1.3 Will be delivered or sent to you at the email address that you have notified or provided to us in connection with this Agreement.
20.3 The parties acknowledge that any notice or other communication will be deemed to be given as follows :
20.3.1 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;
20.3.4 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.
20.4 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.
20.5 We may (where allowed to do so by law) communicate with you by posting information on the Site, in which case the information will be treated as received by you when it is posted by us.
20.6 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, and the Order on which you have feedback or questions.
20.7 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.
21.1 You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws) in your use of the MoonPay Services.
21.2 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, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part.
21.3 "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.
21.4 Your use of the MoonPay Services and the Site is subject to international export controls and economic sanctions requirements. By buying Cryptocurrencies through the Site or MoonPay Services, 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:
21.4.1 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
21.4.2 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.
21.5 Copies of the most up-to-date version of the Agreement will be made available in the Site at all times and will be provided to you by email on your request.
21.6 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.
21.7 If you receive information about another user through the MoonPay Services, you must keep the information confidential and only use it in connection with the MoonPay Services. 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..
21.8 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.
21.9 Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
21.10 This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time to any persons, including but not limited as part of a merger, acquisition or other corporate 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.
21.11 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.
21.12 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.
21.13 This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.
21.14 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.
21.15 Unless otherwise stated, nobody else has any rights under this Agreement. This Agreement is between you and us.
21.16 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, cancellation of Services, 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.
21.17 This Agreement will be governed by, and construed in accordance with, the laws of Irish and, subject to the dispute resolution provisions in section 24 below, the parties irrevocably submit to the exclusive jurisdiction of the English Courts. This Agreement and any information or notifications that you or we are to provide should be in English.
22.1 This section 22 of the Agreement will be referred to as the “Arbitration Agreement”. Please read this section 22 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.
22.2 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 you (if any), the email address associated with your receipt of the Services, 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.
22.3 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.
22.4 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.
22.5 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.
22.6 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.
22.7 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.
22.8 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.
22.9 If you are a customer who uses these express checkout Services 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, the email address you currently use to access the Services, 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.
22.10 This Arbitration Agreement will survive any termination of your relationship with MoonPay.