Terms of Use

CANADA TERMS OF USE

EFFECTIVE DATE: September 23, 2026

These Terms of Use (these “Terms” or this “Agreement”) are between, as applicable, the MoonPay entity or entities specified in the table below (“MoonPay”, “we”, “us”, or “our”) and you, the individual (“you”). This Agreement applies to your use of the following MoonPay products and services (“Services”) only:

• The ability to purchase, swap and sell Digital Assets through our On Ramp and Off Ramp products (“Ramps Services”);
• The ability to add fiat funds to a stored value account through our own website or applications, which may be used to purchase or sell Digital Assets (“Stored Value Services”);
• The ability to deposit or receive fiat currency into a unique, reusable account identifier (such as a bank account number, IBAN, routing number, or local payment rail handle) that is programmatically linked to your MoonPay account (“MoonPay Account”) and self-hosted address (defined below) (“Virtual Account Services”); and
• The ability to access certain MoonPay and other connected services directly via command line interface (“MoonPay CLI”).

For clarity, if you use only Services provided by one MoonPay entity, this Agreement is between you and the applicable MoonPay entity. However, if you use Services provided by more than one MoonPay entity (for example, if you use MoonPay CLI provided by Launchpad Limited and Ramps Services provided by MoonPay Canada), this Agreement is between you and Launchpad Limited with respect to the MoonPay CLI services that you use, and between you and MoonPay Canada Inc. with respect to the Ramps Services that you use. You acknowledge that this Agreement includes the terms and related disclosures provided to you when you set up the MoonPay Account and/or requested the Services. You agree to receive, in electronic form, a copy of this Agreement, any additional terms, required Disclosures and all other notices, information or communications we may be required to send to you from time to time under applicable law. You agree to keep a copy of any electronic communications, including a copy of this Agreement for your records and future reference. Any notices or other communications will be deemed to be delivered when emailed to your designated email address, as provided or updated by you from time to time.

As with any asset, the value of Digital Assets can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets. PLEASE REFER TO THE DIGITAL ASSET RISK FACTORS AT THE END OF THIS AGREEMENT FOR MORE INFORMATION ABOUT THE POTENTIAL RISKS OF DIGITAL ASSETS.

IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.

If you are using the Services on behalf of a company, organization, or other legal entity (a “Business”), you represent and warrant that you are authorized to bind that Business to these Terms, and that you accept these Terms on behalf of the Business. In this case, references to “you” and “your” shall mean both you as an individual and the Business on whose behalf you are acting.

1. GENERAL

This outlines who is bound by this Agreement and how.

1. By accessing the Services, you agree that you have read, understood, and accepted all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and Cookie Policy (collectively, “Supplemental Agreements”). These additional agreements are incorporated by reference to this Agreement (meaning you also agree to them).
2. For example, if you create a user account on MoonPay (“MoonPay Account”), buy or sell any Digital Assets, or use the Services in any other way, you are bound to this Agreement and the Supplement Agreements.
3. You will see a number of capitalized terms in this Agreement. These capitalized terms have already been defined or will be defined in the sentence in which they are used or in Section 12 at the end of this Agreement
4. You affirm that you are at least the legal age of majority in the province of territory in which you live and that you reside in Canada. You further affirm you have the legal capacity to enter into this Agreement and are not prohibited from doing so by Applicable Law.
5. Except in Ontario and Quebec, where the next paragraph applies, and to the extent otherwise prohibited by applicable law, we may from time to time make changes to the terms of this Agreement and any Supplemental 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). We will strive to provide you with advance notice of material changes to this Agreement where possible through email or a notification through the MoonPay platform. It is important that you regularly review this Agreement for updates. The current Agreement that governs your use of the Services will be available via this link. Your use of the Services after the effective date of a change to this Agreement means you have read and accepted these changes. If you do not agree with any changes to this Agreement, you must stop using or close your MoonPay Account.
   
   Ontario and Quebec. If you are a consumer residing in Ontario or Quebec, then, notwithstanding any other provision in this Agreement, including the provisions in the paragraph above, this change provision applies to you. MoonPay reserves the right to change or modify the terms in this Agreement with respect to any provisions that apply to the Services (including, the manner in which you may access and use the Services, the process for placing orders for Digital Assets, the fees charged for the uses of the Services, MoonPay’s responsibilities or obligations under this Agreement, your responsibilities under this Agreement, the prohibited uses of the Services, the representation and warranties you make to us, disclaimers and limitation of liability, the manner in which disputes are handled between us and your consent to execute documents electronically) (collectively, "Changes") on an annual basis or more frequently if required to comply with applicable law. If MoonPay makes Changes to the terms in this Agreement, in addition to posting the amended Agreement on the MoonPay platform, MoonPay will also provide you by email thirty (30) days' advance notice of such Changes in accordance with applicable law ("Notice"). Upon receiving the Notice, you may refuse the Changes and cancel this Agreement in the manner and within the time specified in the Notice. If you are a consumer residing in Quebec, you may also refuse the Changes and cancel this Agreement within thirty (30) days after the effective date of the Change, if the Change entails an increase in your obligation or a reduction of MoonPay’s obligations. If you do not notify MoonPay within that time, the Changes will take effect as indicated in the Notice. In that case, you will be deemed to agree to the Changes which will become part of the terms in this Agreement and enforceable against you. If you cancel this Agreement, your MoonPay Account will be closed, and you will no longer have access to the Services.
6. 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 (“Third Party Partners”). Your agreement with such third parties 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.
7. Our Services may be accessed through the websites, applications, or user interfaces of Third Party Partners. In such cases, these Terms may be presented to you as embedded within, incorporated into, or provided alongside the Third Party Partner's own terms of use or terms of service. By accepting, acknowledging, or otherwise agreeing to terms that include or incorporate these Terms, whether presented independently by MoonPay or as part of a Third Party Partner's terms, you agree to be bound by these Terms in their entirety, as well as the applicable Third Party Partner's terms. Your acceptance of these Terms through any single Third Party Partner shall constitute your acceptance of the then-current version of these Terms for purposes of all Third Party Partners through which MoonPay's Services are made available and in which these Terms are embedded or incorporated. For the avoidance of doubt, such cross-partner acceptance applies only to the version of these Terms in effect at the time of your acceptance; any subsequent updates to these Terms made in accordance with Section 1(d) above will require your acceptance (including by continued use of the Services through any Third Party Partner) before such updated Terms apply across all Third Party Partners.
8. MoonPay may, as applicable, cause one or more of its affiliates to perform its obligations set forth herein.

2. ACCESSING THE SERVICES

This outlines how you can access and use our Services.

1. Subject to your continued compliance with this Agreement, we grant you a revocable, limited, non-exclusive, non-transferable license to access and use the Services. We may terminate this license at any time.
2. In order to use some of the Services, you will need to satisfy an onboarding process, in accordance with the terms of our Compliance Program.
   1. We reserve the right to require you to provide certain information and related documentation that we may specify in our sole discretion (“Onboarding Information”) in order to use our Services. For example, we may request additional information to verify your identity or source of funds. We may request personally identifiable information such as network address, name, email, residence address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information or other information we may reasonably deem helpful in satisfying our risk management or legal obligations. You authorize us, directly, or through third parties, to make any inquiries we consider necessary to verify your identity and the information you provide.
   2. In providing the Onboarding Information, you represent and warrant to us that the Onboarding Information is accurate and complete and you agree to immediately update such Onboarding Information in the event of any changes to your Onboarding Information at any time during the onboarding process or while you use the Services.
   3. You agree to update us of any changes to the information that you have provided to us during your onboarding process by no later than ten (10) days from the date that you became aware of the relevant change. You can update this information through the Help Center on the MoonPay website or write to us at [email protected].
   4. You shall comply with any request by us for any Onboarding Information or documents from you by no later than fourteen (14) days following the date of any such request (the “Onboarding Information Deadline”).
   5. In the event that the requested Onboarding Information is not received by us, including by the Onboarding Information Deadline, you fail to update your information when it changes, you fail to provide accurate information, or we are unable to verify your identity, we reserve the right to limit your use of the Services, including declining attempted transactions, charge you an administration fee and/or suspend, deny or terminate your access to the Services.

3. PLACING ORDERS FOR DIGITAL ASSETS

This outlines the process for placing orders for Digital Assets.

1. Process for submitting orders
   1. The parties agree that MoonPay is the merchant of record in connection with the purchase and sale of Digital Assets as described in this Agreement to the extent such transaction does not expressly involve decentralized finance (“Defi”) functionality. In the event a transaction does expressly involve Defi functionality, MoonPay acts as merchant of record only with respect to (i) any portion of the transaction that directly involves fiat currency; whereas all other Defi activities are conducted onchain between you and other market participants on a peer-to-peer basis
   2. We may offer you the ability to submit offers to purchase and sell Digital Assets for fiat currency or other Digital Assets subject to the terms of this Agreement, including through our On Ramp and Off Ramp products.
   3. You must carefully enter and review all of the order details prior to submitting an offer to purchase or sell Digital Assets, including the quantity and offered price. MoonPay may present you with pricing for your order. If you accept the pricing displayed, you can then accept and submit the order. If you do not accept the pricing displayed, you can choose not to proceed with the order. Once you submit your order, you are bound to the terms of that order. You may not cancel, reverse or change any order once it has been submitted. If an order for a swap fails for any reason, including if we have to re-quote a swap quote to you because of price volatility and you reject the re-quote, then there will be an automatic refund to you, minus any applicable network fees.
   4. For orders to purchase Digital Assets, once the order is submitted by you, and accepted by MoonPay, MoonPay will execute a corresponding debit to your selected payment method which is linked to your MoonPay Account (“Linked Payment Method”), which, for the avoidance of doubt, can include other Digital Asset wallets and your MoonPay Balance (if you have more than one Linked Payment Method, you have the option to select a different Linked Payment Method than the last one utilized). By adding a Linked Payment Method, you represent to us that you are the owner or an authorized user of that payment method. In order to purchase Digital Assets, you must have at least one Linked Payment Method associated with your MoonPay Account. By initiating a purchase with your selected Linked Payment Method, you authorize us and/or our applicable third-party service providers to charge or debit your selected Linked Payment Method for the total amount of the purchase, including without limitation all applicable fees and taxes. In the event of any refund, chargeback, or other adjustment related to your Digital Assets purchase, you authorize us to credit or deduct the amount, as applicable, from your Linked Payment Method. The date and time that you initiate instructions to us to purchase Digital Assets may differ from the date and/or time when the order is executed and your Linked Payment Method is debited.
   5. For orders to sell Digital Assets, once the order is created and accepted and the Digital Assets to be sold are delivered to MoonPay, MoonPay will deposit the proceeds from the sale to your selected Linked Payment Method. The date and time that you initiate instructions to us to sell Digital Assets may differ from the date and/or time when the order is executed and the proceeds from the sale are credited to your MoonPay Account. You will receive a floating quote that represents an approximate price for your Digital Assets. The actual sale price is subject to change and will be determined by the then-current market value of the Digital Asset at the time MoonPay receives the Digital Assets to be sold. If you send an amount of Digital Assets that is less than the amount you initially agreed to sell, MoonPay will execute a sale of the Digital Assets received at the then-current market value.
   6. Only certain payment methods are able to be linked to your MoonPay Account. Please refer to your MoonPay Account or our website for further information on acceptable payment methods which may change from time to time.
   7. MoonPay may impose a minimum holding period for any Digital Assets that you would like to buy or sell, which may last up to seven (7) Business Days. These minimum holding periods are necessary to enable us to carry out fraud prevention measures, to ensure that the fiat currency leg of any given transaction has settled, and to perform other compliance-related functions. If MoonPay cannot or does not complete the order for any reason (including, without limitation, suspected fraud, price movement, market latency, order size, or any other reason in MoonPay’s sole discretion), MoonPay may reject the order and notify you of such rejection and you will not be charged for a rejected order.
   8. Notwithstanding anything to the contrary, MoonPay reserves the right to, in its sole discretion, suspend, delay, redirect, or cancel any transaction (including an order submitted by you and accepted by MoonPay) at any time and for any reason. For example, and without limitation, we may do so if we suspect any risk of fraud, crime, breach of this Agreement, or illicit activity. If your payment is not successful, if your payment method has insufficient funds or if you reverse a payment made from funds in your bank account, you authorize MoonPay, in its sole discretion, to either cancel the transaction or to debit your other Linked Payment Methods in any amount necessary to complete the transaction on its original terms. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, non-sufficient funds (NSF) or similar fees charged by your financial services provider, and you will be solely responsible for any related fees. We reserve the right to refuse to process or to cancel or reverse any transaction in our sole discretion, even after funds have been debited from your Linked Payment Method(s), if we suspect the transaction meets any criteria set forth in this Agreement. In such instances, MoonPay will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or under the same terms as the canceled transaction.
   9. You may revoke our authorization to charge your Linked Payment Method with respect to all future transactions or stop the next recurring transaction (other than recurring transactions that are scheduled to occur in one or fewer Business Days) by visiting buy.moonpay.com/v2/recurring or going to settings icon in your MoonPay Account and navigating to Recurring transactions; selecting the transaction(s) that you would like to cancel, opening the menu by tapping the ellipsis icon, and tapping "Cancel recurring buy". When you close your MoonPay Account, we will cancel any transactions that have not been completed, and you will remain liable and responsible for any and all obligations related to your MoonPay Account, even after the account is closed.
   10. You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to MoonPay or our applicable third-party service provider for the duration of your business relationship, solely to help us identify you or your wireless device to prevent fraud. See our Privacy Policy for how we treat your data.
   11. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WE DO NOT GUARANTEE ANY ORDER YOU SUBMIT WILL BE EXECUTED OR EXECUTED AT ANY PARTICULAR TIME AND WE WILL NOT BE RESPONSIBLE WHATSOEVER FOR ANY DELAYS OR FOR ANY ORDERS THAT ARE NOT EXECUTED.
   12. INTERAC® is available as a Linked Payment Method only for customers located in Canada. INTERAC is a registered trade-mark and the INTERAC logo is a trade-mark of Interac Corp. Used under license.
2. Limitations on Placing Orders. To submit offers to purchase or sell Digital Assets, you must first establish a MoonPay Account, which may require you to complete certain actions pursuant to our Compliance Program. Your access to a MoonPay Account, and the ability to submit orders for Digital Assets, may not be available in all markets and jurisdictions. We may restrict or prohibit use of a MoonPay Account, including implementing transaction limits, in certain jurisdictions including Restricted Locations, in our sole discretion. We may also update these limitations at any time with or without notice to you.
3. Unauthorized Orders. You agree that you are solely responsible and liable for keeping your MoonPay Account safe and secure and for maintaining adequate security and control of your login and authentication details (including, but not limited to, your identity, and username). You agree you are solely responsible for any access to and use of the Services and your MoonPay Accounts, notwithstanding that such access or use may have been effected without your knowledge, authority or consent. You are solely responsible for all orders that occur using your MoonPay Account, including any orders and completed transactions that were not authorized by you. When an order occurs using your MoonPay Account credentials, we will assume that you authorized such an order. Except as otherwise provided in Section 4 below, for electronic funds transfers involving your MoonPay Stored Value Account, you agree that MoonPay will not be liable to you for any unauthorized orders, completed transactions or loss or damage resulting from any unauthorized access to your MoonPay Account. If you have reason to suspect that your MoonPay Account login and/or authentication details have become compromised, you are responsible for immediately contacting MoonPay through the Help Center on the MoonPay website or at 888-651-0727 Mon - Fri (9am - 5pm ET).
4. Mistaken/Accidental Orders. You agree that you are solely responsible and liable for providing correct information to MoonPay regarding your requested Digital Asset order and reviewing the transaction summary page for accuracy before you choose to continue with a transaction. You are solely responsible for all orders that are placed using your MoonPay Account. When an order occurs using your MoonPay Account credentials, we will assume that the order is correct and you authorized such an order. Except as otherwise provided in Section 4 above, for electronic funds transfers involving your MoonPay Stored Value Account, you agree that MoonPay will not be liable to you for any mistaken or accidental orders placed using your MoonPay Account. Once you send Digital Assets to an address, you may lose access to your Digital Assets temporarily or indefinitely. For example, an address may have been entered incorrectly, or an address may belong to an entity that will not return your Digital Assets. Digital Assets mistakenly sent to an address that we do not control may not be recoverable. MoonPay is not responsible or liable for erroneous, accidental, or mistaken Digital Asset transfers that you effectuate. If you have initiated an accidental or mistaken order through MoonPay, you are responsible for contacting MoonPay through the Help Center on the MoonPay website or at 888-651-0727 Mon - Fri (9am - 5pm ET), however, transactions in Digital Assets may be irreversible, and, accordingly, losses due to accidental transactions may not be recoverable.
5. Fees
   1. MoonPay may charge fees for your use of the certain Services, including entering orders for Digital Assets, service fee, banking rail fee, network fee, or conversion fee (as applicable). MoonPay reserves the right to adjust its pricing and fees and any applicable waivers at any time. A schedule of the types of fees, which may vary on a per transaction basis, can be found on our Pricing and Fees Disclosures page here. If you are referred to us via a Partner Site, you may be charged an ecosystem fee as part of the transaction. We will always notify you of the pricing and fees which apply to your transaction before you authorize the transaction and in each confirmation and/or receipt we issue to you.
   2. You agree that MoonPay may debit fees for orders from the total cost of your order. We charge a MoonPay processing fee related to our costs associated with payment processing, which fee may vary by product and payment method. We may also charge a dynamic network fee, related to our costs associated with asset transfer, and may vary depending on a number of factors, such as network congestion and operational costs. We may also charge an ecosystem fee, on behalf of some, but not all, of our third party partners. All fees will be disclosed to you prior to your acceptance of any order or transaction.
   3. Bank fees charged to MoonPay are netted out of transfers to or from MoonPay. You are responsible for paying any additional fees charged by your financial services provider. If your bank fees exceed the value of the transaction, we may reject the order.
   4. Taxes. It is your responsibility to determine what, if any, taxes apply due to your use of MoonPay Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. MoonPay is not responsible for determining whether taxes apply to your Digital Assets transactions or for collecting, reporting, withholding or remitting any taxes arising from any Digital Assets transactions.
6. Receipts
   1. You have the right to receive a receipt after each transaction you initiate involving Digital Assets. MoonPay will provide you with a receipt via email after each transaction you place using your MoonPay Account. The receipt will include certain information regarding your transaction such as the amount of Digital Assets you sold/purchased, the amount your Linked Payment Method will be charged for the purchase and any fees imposed on the transaction.
7. Transaction History
   1. You have the right to obtain information regarding the transactions that you have initiated using your MoonPay Account. You may view your MoonPay Account transactional history within the MoonPay App or within the MoonPay On Ramp Widget.
8. Wallets
   1. MoonPay does not provide any custodial wallet services. When using the Services, you will be asked to provide us with the address for your digital asset wallet (“Wallet”) Wallet by either: (a) providing a QR code which represents your Wallet address; (b) manually typing your Wallet address; or (c) using a Wallet address provided by Launchpad Limited or a MoonPay partner. You represent and warrant that you are the owner and controller of the Wallet that you link to your account.
   2. By providing us with the address to send purchased Digital Assets, you represent and warrant that you own and control the Wallet. Because you control your Wallet, there is no way for us to help you if you lose control over your Wallet. It is your responsibility to keep your Wallet safe from both theft and inadvertent loss. As the owner of Digital Assets in your Wallet, you bear all risk of loss of such Digital Assets.
   3. You are solely responsible for maintaining the security of your private keys and your Wallets. 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 Wallets and any Digital Asset contained in your Wallets. MoonPay is not liable for fluctuations in the fiat currency value of Digital Assets in your Wallets. You are solely responsible for any and all transfer initiations that are initiated through such Wallets and we make no, and hereby disclaim all, representations, warranties, claims and assurances as to any transfer initiations. If you lose your keys to your Wallet, you may lose access to your Wallet and any Digital Assets contained in your Wallet.

4. MOONPAY CLI-SPECIFIC TERMS

This section outlines the terms that govern your use of, and interactions with, certain MoonPay services directly from your command-line interface (“CLI”).

1. Authentication.
   1. MoonPay CLI Access. Use of MoonPay CLI requires authentication through the MoonPay CLI portal (the “MoonPay CLI Portal”) by providing an email address and a one-time password (“OTP”). The OTP establishes a session permitting the CLI to submit requests on your behalf. OTP authentication depends on time-limited credentials and third-party communication systems, and you may be required to reauthenticate periodically. MoonPay does not guarantee continuous availability of authenticated sessions and is not responsible for interruptions to your use of MoonPay CLI. MoonPay may implement temporary authentication restrictions, which may delay or prevent session establishment.
   2. MoonPay Account. Certain MoonPay products and services require an active MoonPay Account subject to user onboarding in accordance with Section 2. Where a MoonPay Account would ordinarily be required when accessed through any other interface, the same requirements apply when accessed through the CLI. MoonPay products and services accessed through MoonPay CLI remain subject to all applicable MoonPay terms, policies, disclosures, and other documents and requirements.
   3. Session Credentials and Local Storage. Following successful authentication through the MoonPay CLI Portal, MoonPay may issue a session token, access token, or similar authentication credential (individually and collectively, “Session Credentials”) enabling the CLI to submit requests on your behalf without requiring re-authentication for each command.
      1. The CLI may store Session Credentials locally on your device. Session Credentials are device-bound and should not be shared.
      2. Any person with access to the device or environment in which the Session Credentials are stored may be able to perform actions associated with your MoonPay Account. You are solely responsible for maintaining the security of your devices, terminals, shell environments, environment variables, and local files in which Session Credentials may reside.
      3. MoonPay does not control your local environment and is not responsible for unauthorized activity resulting from compromise, malware, remote access software, shared workstations, exposed repositories, or other user-side security failures.
      4. You must promptly terminate active sessions and reauthenticate if you believe your Session Credentials have been exposed or your device has been compromised.
      5. MoonPay may invalidate Session Credentials at any time.
   4. Actions Performed via MoonPay CLI. Your use of MoonPay CLI authorizes MoonPay to rely on any instructions submitted using valid Session Credentials as an instruction submitted by you.
2. Non-Custodial Wallet and Key Management. Upon initial configuration of MoonPay CLI, you will be prompted to generate a cryptographic key pair and associated blockchain wallet (the “CLI Wallet”). The CLI Wallet is generated locally on your device and private keys remain exclusively within your local environment. MoonPay does not create, receive, store, transmit, or otherwise have access to your private keys, seed phrases, or signing material. YOU MUST SAVE YOUR PRIVATE KEYS TO ENSURE YOU CAN ACCESS YOUR CLI WALLET.
   1. MoonPay CLI may interact with certain MoonPay and other connected services by submitting requests associated with the CLI Wallet and, where applicable, by transmitting transactions that you authorize and sign using your locally held private keys. MOONPAY DOES NOT CUSTODY DIGITAL ASSETS ASSOCIATED WITH THE CLI WALLET AND DOES NOT HAVE THE ABILITY TO RECOVER, RESET, OR RECONSTRUCT YOUR PRIVATE KEYS.
   2. You are solely responsible for safeguarding your private keys, seed phrases, backups, and any device on which the CLI Wallet is stored. Loss, theft, or compromise of your private keys will result in permanent loss of access to the CLI Wallet and any digital assets held in it. MoonPay will not be able to restore access or reverse transactions.
   3. Any transaction, signature, authorization, or instruction submitted using the CLI Wallet will be deemed authorized by you. MoonPay may rely on cryptographic verification of a signature as conclusive evidence of your approval of the associated action, subject to MoonPay’s internal compliance and security procedures.
3. Automated Use and Scripting. MoonPay CLI is designed to permit programmatic and automated interaction with MoonPay services, including through scripts, schedulers, agents, trading bots, or other software processes (“Automated Systems”) controlled or instructed by you. You may use Automated Systems to submit instructions through MoonPay CLI, provided such use complies with all applicable terms and policies.
   1. MoonPay CLI may interoperate with or facilitate access to third-party software, networks, or services. Those third parties operate independently of MoonPay and are governed by their own terms and policies. For convenience, MoonPay may provide links or references to certain third-party terms in the MoonPay CLI repository README. You are solely responsible for reviewing and complying with any applicable third-party terms when using MoonPay CLI in connection with external services.
   2. You are solely responsible for all actions initiated by any Automated System you configure, deploy, or permit to operate using your authenticated session, Session Credentials, or MoonPay Account. MoonPay does not monitor the intent, logic, frequency, or correctness of instructions submitted through MoonPay CLI and has no obligation to detect errors, unintended transactions, repeated submissions, or abnormal behavior caused by your Automated Systems.
   3. MoonPay acts only on instructions received and does not exercise discretion, judgment, or investment decision-making on your behalf. Submission of instructions through Automated Systems does not create any advisory, fiduciary, brokerage, or agency relationship beyond execution of user-initiated requests.
   4. MoonPay may, in its sole discretion and without any prior notice to you, modify or update the MoonPay CLI, and/or implement rate limits, safety checks, transaction caps, geographic restrictions, or temporary holds. MoonPay may reject, delay, or suspend CLI requests where it determines such actions are appropriate. Such modifications or controls may affect Automated Systems and MoonPay is not responsible for resulting interruptions, partial execution, inconsistent outcomes, financial losses, or damages.
   5. You must design your Automated Systems to handle failures, rejected requests, and partial responses safely. MoonPay does not control your Automated Systems and is not liable for losses arising from your Automated Systems.
4. Local Environment and Execution Risk. MoonPay CLI is software that executes within your local computing environment and may interact with external systems based on instructions you provide. MoonPay does not control or instruct your operating system, terminal configuration, installed dependencies, network routing, storage locations, or any other aspect of your local environment.
   1. You acknowledge that use of command-line software inherently involves the execution of user-provided commands, piping of output to other programs, modification of local files, handling of environment variables, and interaction with third-party software and services. MoonPay is not responsible for the effects of commands you run, how you use CLI, or how other software on your device interprets or uses CLI or its output.
   2. You are responsible for reviewing commands before execution, protecting sensitive information displayed in terminal output, and ensuring that your use of MoonPay CLI does not expose private keys, credentials, wallet addresses, configuration files, or other confidential data. MoonPay does not access or recover data stored locally on your device and cannot reverse local system changes.
   3. MoonPay is not liable for damage to hardware, software, data, accounts, or external systems arising from local execution, misconfiguration, incompatible dependencies, malicious package, clipboard interception, shell history retention, remote access tools, or other characteristics of your computing environment.

5. PROHIBITED USE

This outlines some of the things you cannot use the Services for.

1. You may not use your MoonPay Account or any of the Services to engage in the following categories of activity (“Prohibited Use”):
   1. Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, regulation, or sanctions programs implemented, administered, enacted or enforced in the countries where MoonPay conducts business, including but not limited to by (i) the United Nations, (ii) the Canadian Government (including Global Affairs Canada, Public Safety Canada and the Royal Canadian Mounted Policy, and any successor thereto), based upon the obligations or authorities set forth in the following statutes and regulations made thereunder, in each case, as amended from time to time, the United Nations Act (Canada), the Special Economic Measures Act (Canada), the Justice for Victims of Corrupt Foreign Officials Act (Canada), or (iii) any other national or supranational economic sanctions authority , or which would involve proceeds of any unlawful activity; publishing, distributing or disseminating any unlawful material or information.
   2. Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the MoonPay platform that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the MoonPay platform, other MoonPay Accounts, computer systems or networks connected to the MoonPay platform, through password mining or any other means; use MoonPay Account information of another party to access or use the MoonPay platform, except in the case of specific merchants and/or applications which are specifically authorized by a user to access such user's MoonPay Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of MoonPay.
   3. Abuse Other Users: Interfere with another individual’s or entity's access to or use of any MoonPay Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; harvest or otherwise collect information from the MoonPay platform about others, including without limitation email addresses, without proper consent.
   4. Fraud: Activity which operates to defraud MoonPay, MoonPay users, or any other person; provide any false, inaccurate, or misleading information to MoonPay.
   5. Unlawful Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; or games of chance that are unlawful.
   6. Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of MoonPay intellectual property, name, or logo, including use of MoonPay trade or service marks, without express consent from MoonPay or in a manner that otherwise harms MoonPay or the MoonPay brand; any action that implies an untrue endorsement by or affiliation with MoonPay.
   7. Forbidden Activity: Transactions involving: (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety; (b) drug paraphernalia; (c) cigarettes; (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity; (e) stolen goods including digital and virtual goods; (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime; (g) items that are considered obscene; (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (i) certain sexually oriented materials or services; (j) ammunition, firearms, or certain firearm parts or accessories; (k) certain weapons or knives regulated under applicable law; (l) tobacco, e-cigarettes, vaping products, or related devices; (m) counterfeit or unauthorized goods bearing another party’s brand, trademark, or designer marks, or goods that are illegally imported, exported, or stolen; (n) products or services that are fraudulent, deceptive, or designed to enable dishonest behavior (including academic paper-writing or test-taking services, or tools designed to circumvent traffic, safety, or other regulations); (o) content, materials, or conduct that endangers, sexualizes, or otherwise exploits minors; (p) internet, mail-order, or telephone-order pharmacies, purported pharmaceuticals, or weight-loss, anti-aging, or sexual-enhancement supplements dispensed without a valid prescription or in-person medical consultation; or (q) explosives or other devices intended to cause physical harm.
   8. Unacceptable Activity: Transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (g) involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption.

6. REPRESENTATIONS AND WARRANTIES

This outlines the representations you are making to us.

1. You represent and warrant to us that you: (a) are not located in, under the control of, or a resident of any Restricted Location or any country to which Canada has embargoed goods and services; (b) are not identified as a “Specially Designated National” by the United States Treasury Department or Canadian equivalents; and (c) will not use the Services if you are prohibited by any Applicable Law from doing so.
2. If you use the MoonPay CLI, the MoonPay CLI Portal, any other services described in Section 6, or Automated Systems, you represent and warrant to us that you have the knowledge and technical know-how to use those services.
3. When accessing or using the Services, you agree that you are solely responsible for your conduct while accessing and using our Services. Without limiting the generality of the foregoing, you agree that you shall not:
   1. use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
   2. use the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities;
   3. use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
   4. use or attempt to use another person’s MoonPay Account;
   5. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
   6. introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
   7. develop any third-party applications that interact with our Services without our prior written consent;
   8. provide false, inaccurate, or misleading information; or
   9. encourage or induce any other person to engage in any of the activities prohibited under this Agreement.
4. We endeavor to verify the accuracy of any information displayed, supplied, passing through or originating from the Services, but such information may not always be accurate or current. We cannot and provide no guarantee whatsoever to the timeliness, accuracy or completeness of any information (whether pricing, exchange rate or otherwise) provided in connection with any Digital Asset or your holding or trading of or in the same. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility and you assume all liability for any such decisions or actions.
5. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOONPAY DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT AND/OR QUIET ENJOYMENT, AND ANY SERVICES PROVIDED BY MOONPAY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, (A) REGARDING THE CONTENTS OF THE SERVICES, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES, ANY HYPERLINKS TO THIRD PARTY WEBSITES, OR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICES, OR ANY WEBSITE LINKED TO THE SERVICES (B) THAT ACCESS TO THE SERVICES SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU ACKNOWLEDGE THAT MOONPAY MAKES NO WARRANTIES UNDER THIS AGREEMENT DIRECTLY FOR THE BENEFIT OF ANY END USER, AND THAT MOONPAY’S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY, AND NOT FOR THE BENEFIT OF ANY OTHER PERSON. IN ENTERING INTO THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY OF MOONPAY OR ITS AFFILIATES EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT.

7. INDEMNIFICATION AND LIMITATIONS OF LIABILITY

This outlines the responsibility and liability between us.

1. You agree to indemnify and hold harmless MoonPay, its affiliates, subsidiaries, directors, managers, members, officers, employees, and other customers, from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to your or any other person’s use of your credentials or MoonPay Account in connection with: (a) use of the Services; (b) breach of this Agreement or any other agreement or policy; (c) false, incomplete, or misleading information relied upon by us to verify your identity and source of funds, where applicable; (d) violation of any Applicable Law; or (e) violation of any rights of any other person or entity; provided however, that you shall not indemnify MoonPay for claims or losses arising out of MoonPay’s gross negligence or willful misconduct as determined by final order of a court of competent jurisdiction. This indemnity shall apply to your successors and assigns and shall survive any termination or cancellation of this Agreement.
2. DOES NOT APPLY TO QUEBEC CONSUMERS. Limitation of Liability
   1. MoonPay shall not be liable to you or anyone else for any loss caused in whole or part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions, including, but not limited to, those arising from the negligence of MoonPay or contingencies beyond its control in procuring, compiling, interpreting, computing, reporting, or delivering the Services thereon or the information therein. In no event will MoonPay be liable to you or anyone else for any decision made or action taken by you in reliance on, or in connection with your use of the Services or the information therein.
   2. IN NO EVENT SHALL MOONPAY, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR MORE THAN THE LOWER OF (I) THE VALUE OF THE DIGITAL ASSET AT ISSUE AND (II) $20,000 CAD.
   3. IN NO EVENT SHALL MOONPAY, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, EVEN IF MOONPAY HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU BASED ON YOUR JURISDICTION OR THE GOVERNING LAW.
   4. UNDER NO CIRCUMSTANCES SHALL WE BE REQUIRED TO DELIVER TO YOU ANY DIGITAL ASSETS AS DAMAGES, OR SHALL YOU BE ENTITLED TO SPECIFIC PERFORMANCE OR ANY OTHER SIMILAR REMEDY. YOU AND WE AGREE THAT ANY CALCULATIONS OF DAMAGES BASED IN ANY WAY ON THE VALUE OF DIGITAL ASSETS SHALL BE BASED ON THE LOWEST VALUE OF THE DIGITAL ASSETS DURING THE PERIOD BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES.
   5. WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH VIRUSES, NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING OR CYBERSECURITY BREACHES; (B) THE CHANGE IN VALUE OF ANY CRYPTOCURRENCY; (C) ANY CHANGE IN LAW, REGULATION OR POLICY, OR (D) FORCE MAJEURE EVENT (INCLUDING BUT NOT LIMITED TO (I) ACTS OF GOD, NATURE, COURT OR GOVERNMENT; (II) FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS; (III) ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM MOONPAY IS NOT RESPONSIBLE; (IV) DELAY, FAILURE, OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD PARTY SERVICES AND SITES; (V) STRIKES, LOCK-OUTS, LABOUR DISPUTES, WARS, TERRORIST ACTS AND RIOTS; AND (VI) VIRUSES, MALWARES, OTHER MALICIOUS COMPUTER CODES OR THE HACKING OF MOONPAY’S SYSTEMS).
   6. THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
   7. Any and all of our indemnities and warranties (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth in this Agreement. Nothing in this Agreement excludes or limits liability which may not be limited or excluded under Applicable Law.

8. ABANDONED PROPERTY

MoonPay may hold funds or other property that is owned by you in connection with the provision of certain products and services. In the event that your property is deemed abandoned, in accordance with our legal obligations under applicable unclaimed property laws, prior to closing your account and escheating your property to the appropriate state, province, territory or jurisdiction, we will attempt to notify you and provide you with an opportunity to retrieve your property. If, after we have escheated your property, you would like to claim your property, please contact the applicable regulatory authority’s unclaimed property administrator.

9. GENERAL PROVISIONS

This outlines general and miscellaneous terms that apply to your use of the Services.

1. In connection with using the Services, you access or view content or services provided by third parties, including links to web pages and services of such parties (“Third Party Content”). We do not control, endorse or adopt any Third Party Content. We have no responsibility for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Content is at your own risk.
2. Unless otherwise indicated by us, the Services and any other material or content provided by MoonPay, and all intellectual property rights therein, are the property of MoonPay or our licensors or suppliers. We do not give any implied license for the use of the contents of the Services. You accept and acknowledge that the material and content contained in or delivered by the Services is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Services as set forth in this Agreement. Any rights not expressly granted in this Agreement to use the materials contained on or through the Services are reserved by MoonPay in full.
3. If you provide any suggestions, ideas, feedback, or recommendations to us regarding the Services (“Feedback”), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, transferable, sublicensable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback. By submitting Feedback, you waive any legal or other rights to the fullest extent permitted under law. In responding to Feedback, we shall use commercially reasonable efforts to supply email-based support services, but cannot guarantee immediate responses, especially during times of high volume.
4. While using our Services, you may obtain or otherwise become aware of Confidential Information about us. You may only use this Confidential Information as necessary to exercise your rights or perform your obligations in this Agreement. You agree to hold the Confidential Information in strict confidence, and to take reasonable steps to protect this Confidential Information from being accessed by unauthorized individuals, entities or other third-parties. You agree to not copy or reverse engineer, or remove any proprietary markings from any Confidential Information. You may share our Confidential Information with legal, governmental or regulatory authorities only if required by Applicable Law to do so, provided you will notify us of the request, if Applicable Law allows it.
5. A party’s failure or delay to enforce, or partially enforce, any provision of this Agreement shall not be construed as a waiver of any rights.
6. In no event shall a party be considered in breach of this Agreement to the extent the party’s obligations are prevented or delayed, directly or indirectly, by a Force Majeure Event, and the party’s period of time for performance shall be extended until such event has ended.
7. In the event that any provision of this Agreement is unenforceable under Applicable Law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of this Agreement is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable. The provisions of this Agreement will, where possible, be interpreted so as to sustain its legality and enforceability.
8. This Agreement shall be binding on your successors, heirs, personal representatives, and assignees. You may not assign or transfer any of your rights or obligations under this Agreement without prior written consent of MoonPay, which may be withheld at MoonPay’s sole discretion. We may assign rights or delegate duties under this Agreement at our sole discretion.
9. You and MoonPay are independent contractors for the purposes of this Agreement. Nothing in this Agreement shall create any partnership, joint venture, agency, or consultancy.
10. This Agreement, along with the Supplemental Agreements, constitute the entire agreement among the parties with respect to the subject matter described in this Agreement and shall.
11. For technical support requests only, contact us through the Help Center on the MoonPay website. For purposes other than technical support requests, you may contact us by registered post or courier: 199 Bay Street, Commerce Court West, Ste 4000, Toronto, Ontario M5L 1A9. For Law Enforcement requests please direct your official document to our compliance team here. Please note, however, that all formal legal documents and claims must be formally and properly served on the correct MoonPay entity according to Applicable Law.
12. This Agreement and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada (without regard to conflict of law rules, or any other jurisdiction that would cause the application of the laws of any other jurisdiction), except if you are a Quebec consumer in which case this Agreement and your access to and use of the Services shall be governed by and construed and enforced in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. Any dispute between the parties that is not subject to arbitration as set forth in Section 102 or cannot be heard in small claims court, shall be resolved in the courts of the City of Toronto, Province of Ontario and the parties waive any objection to venue in that forum, including on the grounds of inconvenient forum. If you are a Quebec consumer, nothing in this Agreement limits any right you may have under applicable law to commence or defend a claim before a court having jurisdiction in Quebec.
13. Service Providers. You acknowledge that we may use a third party service provider, agent or affiliate to assist with our provision of the Services. You agree that in the event such service provider cannot or will not process any transaction referred to it by us, by reason that such service provider may suffer legal and/or reputational risks, or that such service provider may, by doing so, violate any law, regulation, rule or internal policy applicable to it if it completes such transaction, then notwithstanding any other provision of this Agreement, such transaction will not be completed and we will have no liability in respect of any such incomplete transaction.
14. Language. This Agreement is available in both French and English language versions. The French version can be accessed by clicking here. You hereby confirm that you have requested that this Agreement and all related documents be drafted in English, that you have been provided with a French language version of this Agreement and that you have agreed to be bound by the English language version of this Agreement. La présente convention est disponible en français et en anglais. La version française est accessible en cliquant ici. Vous confirmez par la présente que vous avez demandé que la présente convention et tous les documents y étant afférents soient rédigés en anglais, que vous avez reçu une version française de la présente convention et que vous avez accepté d'être lié par la version anglaise de la présente convention.

10. DOES NOT APPLY TO QUEBEC CONSUMERS. DISPUTE RESOLUTION

This outlines how disputes are handled between us.

The MoonPay USA LLC Terms of Use, MoonPay USA LLC Express Checkout Terms of Use, the MoonPay Canada Inc. Terms of Use, the MoonPay Jersey Ltd Terms of Use, and MoonPay Jersey Ltd Express Checkout Terms of Use include Dispute Resolution terms that govern how claims that you and MoonPay have against each other are resolved, including an Arbitration Agreement (See Section 10 of the MoonPay USA LLC Terms of Use, Section 8 of the MoonPay USA LLC Express Checkout Terms of Use, Section 10 of the MoonPay Canada Inc. Terms of Use, Section 25 of the MoonPay Jersey Ltd Terms of Use, and Section 22 of the MoonPay Jersey Ltd Express Checkout Terms of Use). If you are a consumer resident in Quebec, the Arbitration Agreement in the MoonPay Canada Inc. Terms of Use does not apply to you. If your use of MoonPay services is subject to one of these Terms of Use, please pay special attention to these sections.

11. E-SIGN DISCLOSURE AND CONSENT

This outlines your agreement to electronically sign agreements.

1. Scope of Communications to Be Provided in Electronic Form. You understand and agree that we may provide you with any or all of the following types of communications electronically: (a) legally required disclosures, notices and other communications associated with your access to or use of the Services, including, but not limited to information about fees or charges, and any and all legally required pre- and post-transaction disclosures; (b) customer service communications; (c) privacy policies and notices; (d) changes to this Agreement, (e) statements, information and records regarding your transactions; (f) information regarding the debiting or charging, as applicable of your selected payment method; (g) any and all legally required error resolution policies, and responses to claims filed in connection with your access to or use of the Services; (h) any other communications related to your access to and/or use of the Services; and (i) with your consent, marketing and other promotional communications (collectively, “Communications”).
2. Communications in Writing. All Communications in either electronic or paper format from us to you will be considered “in writing.” You should print or download for your records a copy of this Agreement and any other Communication that is important to you.
3. Method of Providing Communications to You in Electronic Form. All Communications that we provide to you in electronic form will be provided either (i) via email, (ii) by access to a web site that we will designate in an email notice we send to you at the time the information is available, or (iii) to the extent permitted by law, on the MoonPay website or via SMS text message. You agree to promptly review all Communications sent to you, and that these are reasonable procedures for sending and receiving electronic communications.
4. How to Update Your Records. To receive electronic Communications, at the time that you first use the Services, you must provide us with a true, accurate and complete email address and your contact information, and you must promptly notify us of any changes to this information. You can update information (such as your email address) through the Site.
5. Hardware and Software Requirements. In order to access, view, and retain electronic Communications that we make available to you, you must have an electronic device that enables access to your email account or a commercially available Internet browser. You may wish to utilize a device that is capable of storing or printing the Communications for your records.
6. Requesting Paper Copies. If you have consented to receive electronic Communications, we will not send you a paper copy of any Communication unless we deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself. We reserve the right, but assume no obligation, to provide a paper (instead of electronic) copy of any Communication that you have authorized us to provide electronically. You may obtain a paper copy of any legally-required Communications and or agreements. You may request such a paper copy by visiting the Help Center on the MoonPay website or contacting us at [email protected].
7. How to Withdraw Consent. You may withdraw your consent to receive Communications in electronic form at any time by visiting https://support.moonpay.com/hc/en-gb or contacting us at [email protected]. Any withdrawal of your consent to receive electronic Communications will be effective only after we have received your request for withdrawal and have a reasonable period of time to process such request. In the meantime, you will continue to receive Communications in electronic form. By withdrawing your consent, you will no longer be able to use the Services. Withdrawing consent to receive marketing communications only does not preclude use of the Services, however. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected, and your previous electronic records will remain accessible for such period as is required under law and in a form that allows the record to be accurately reproduced to all persons who are entitled under law to access the record.
8. Termination/Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.

12. DEFINITIONS

This outlines some of the capitalized terms used in this Agreement.

In addition to the words and terms defined throughout the Agreement, the following words and terms have the following meanings when used but not otherwise defined in the Agreement:

1. “Business Day” means any day other than a Saturday, Sunday, or a statutory holiday in the Province of Ontario, on which banks are generally open for business in Toronto, Ontario.
2. “Compliance Program” means the requirements set by MoonPay for collecting, verifying, recording and reporting information about you, upon first accessing certain Services and on an ongoing basis, whether for our business risk-management purposes or to comply with legal requirements applicable to us.
3. “Confidential Information” includes information about our business, including product designs, product plans, software and technology, financial information, marketing plans, business opportunities, pricing information, discounts, inventions, and know-how, to the extent disclosed to you in connection with your use of the Services, and all other information that you knew, or reasonably should have known, was Confidential Information. Confidential Information includes trade secrets as defined under applicable law. Confidential Information does not include information that: (a) is independently developed; (b) is or becomes public knowledge through no breach of this Agreement; or (c) is received from a third party under circumstances that do not create a reasonable suspicion that such information has been misappropriated or improperly disclosed.
4. “Digital Asset” means any digital asset, tokenized asset, and virtual currency. Digital Asset does not include a derivative of a virtual currency, or a security, as defined under Applicable Law.
5. “Force Majeure Event” means any event beyond the party’s reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, or equipment or software malfunction including network splits or “forks” or unexpected changes in a computer network upon which the Services rely.
6. “MoonPay Account” means an account in a customer’s name kept by MoonPay for the benefit of such a customer for use in connection with the Services. For the avoidance of doubt, no MoonPay Account is associated with a Wallet unless on terms explicitly set out in this Agreement the Wallet is linked to one of the foregoing services.
7. “On Ramp” means the service offered by MoonPay whereby the customer is able to purchase Digital Assets with major fiat payment methods or swap for other Digital Assets, subject to sanctions, AML / CFT and anti-fraud controls. Once a customer “Buy Order” has been properly authorized, MoonPay delivers the purchased Digital Assets to the wallet address nominated by the customer, subject to internal controls.
8. “Off Ramp” means the service offered by MoonPay whereby the customer sells Digital Assets to Moonpay or swap for other Digital Assets, subject to sanctions, AML/CFT and anti-fraud controls. For a “Sell Order”, once Digital Assets to be sold are received, MoonPay promptly converts the Digital Assets into the user’s desired fiat currency and remits to their bank account, or to the desired Digital Asset, in the case of a swap.
9. “Restricted Location” means any country or territory not supported by MoonPay, in addition any sanctioned country according to the up-to-date lists enacted, implemented, administered and/or enforced by the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union and any EU Member State, HM Treasury (UK), the Canadian Government (including Global Affairs Canada, Public Safety Canada and the Royal Canadian Mounted Policy, and any successor thereto) or equivalent authority.

13. DIGITAL ASSET DISCLOSURES AND RISK FACTORS

This outlines some of the risks with Digital Assets.

1. As with any asset, the value of Digital Assets can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets. You should perform research prior to purchasing Digital Assets and carefully consider whether buying, selling, trading or holding Digital Assets is suitable for you in light of your financial condition.
2. A schedule of the types of MoonPay fees, which may vary on a per transaction basis, can be found on our Pricing and Fees Disclosures page here. If you are referred to us via a Partner Site, you may be charged a dynamic fee as part of the transaction. We will always notify you of the pricing and fees which apply to your transaction before you authorize the transaction and in each receipt we issue to you.
3. Digital Assets are not money/legal tender, not currently recognized as legal tender by Canadian, are not backed by the Canadian government, and accounts and value balances are not subject to Canadian Deposit Insurance Corporation or the Canadian Investor Protection Fund. Digital Assets are not insured by a private insurance policy held by MoonPay to protect against theft or loss. Further, any surety bond that MoonPay is required to maintain for the benefit of its customers may not be sufficient to cover all losses incurred by its customers. For the avoidance of doubt, MoonPay does not hold or custody your Digital Assets.
4. Transactions in Digital Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Once you send Digital Assets to an address, you may lose access to your Digital Assets temporarily or indefinitely. For example, an address may have been entered incorrectly, or an address may belong to an entity that will not return your Digital Assets. Digital Assets mistakenly sent to an address that we do not control may not be recoverable. MoonPay is not responsible or liable for erroneous, accidental, or unauthorized Digital Asset transfers that you effectuate.
5. Some Digital Asset transactions may be immediately effective when recorded on a public ledger, which is not necessarily the date or time that you initiated the transaction.
6. The nature of Digital Assets may result in an increased risk of fraud, theft, hack or cyber attack.
7. MoonPay may provide educational information about Digital Assets in order to assist users in learning more about such Digital Assets. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided through the MoonPay Services does not constitute investment, tax, legal, or other professional advice. MoonPay does not recommend, suggest, advise or endorse that you purchase or sell Digital Assets, or make any purchase of any good or service. Before engaging in any transaction or any other activity, you should consult a qualified professional. MoonPay is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons.
8. You acknowledge that (a) you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for you; (b) you are familiar with the operation of Digital Asset buying, selling and trading, and have the experience required to use the Services; and (c) you assume all liability and responsibility for determining whether using the Services is legal in your jurisdiction and you agree to not use any of the Services if your use is illegal or otherwise prohibited or limited by any rule or regulation. Your use of the Services requires you to assume all attendant risks and MoonPay expressly disclaims any and all liability or responsibility for any such risks. In this Agreement, we list some of the potential risks of your use of the Services and Digital Assets but this list is not intended to cover all potential risks or otherwise be comprehensive and you acknowledge that you may be subject to and liable to significant other potential risks.
9. The nature of Digital Assets means that any technological difficulties experienced by MoonPay may prevent your access to or use of your Digital Assets.
10. Hardware, software or connections required to interact with a Digital Assets network might fail or succumb to malware, unauthorized access or malicious attacks. Third parties may obtain unauthorized access to the Services, including, but not limited to, your public and private keys. MoonPay shall not be liable or responsible whatsoever for any communication failures, disruptions, errors, distortions or delays or other potential adverse events or adverse consequences you may experience when using the Services, however caused.
11. Unknown vulnerabilities in or unanticipated changes to the network protocol may cause losses to you or others. MoonPay has no control over any cryptocurrency network and shall not be liable or responsible whatsoever for any harm occurring as a result of the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions or other potential adverse events or adverse consequences you may experience.
12. When placing an order to buy or sell a Digital Asset, your order will be promptly executed at the price as offered by MoonPay. MoonPay does not make any representation, warranty or guarantee that the prices offered by MoonPay are fair market value, and may, at times, be materially higher or lower than prices available on other platforms or Digital Asset exchanges. The price you are offered by MoonPay may depend on the affiliate partner you purchase through and upon the size of your order. Additionally, the timing of transactions may be affected by matters in the blockchain and the application of the relevant protocols. MoonPay shall not be liable or responsible whatsoever for any such price differences or other potential adverse events or adverse consequences you may experience. Under certain market conditions you may find it difficult to liquidate a position. In such circumstances, the market may not have sufficient demand to meet your request to execute such a transaction.
13. Legislative, judicial and regulatory changes or actions at the State, Federal, or international level may adversely affect the use, transfer, exchange, and value of Digital Assets. It is possible that in the future, certain laws, regulations, policies or rules relating to Digital Assets may be implemented, which would directly or indirectly affect or restrict your interaction with MoonPay and your ability to use, transfer or exchange Digital Assets.
14. The value of a Digital Asset may be derived from the continued willingness of market participants to exchange fiat currency for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Asset should the market for that Digital Asset be materially adversely impacted, otherwise disappear or declines or collapses for an extended period of time.
15. There can be no assurance that a person who accepts a Digital Asset as payment today will continue to do so in the future.
16. The volatility and unpredictability of the price of Digital Assets relative to fiat currency may result in significant losses over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable. The price (which can go up or down and even drop to zero) and liquidity of Digital Assets have been subject to large fluctuations in the past and may be subject to large fluctuations in the future.
17. By using the Services, you agree that the persons that maintain your accounts and any third parties that interact with your credentials or account data in connection with our service are not liable for any loss, theft, compromise, or misuse whatsoever in connection with our services (including negligence), except to the extent such liability cannot be limited under Applicable Law.
18. Third parties providing data make no warranties of any kind related to the data provided by our services, whether express, implied, statutory, or otherwise. No data provided by us is an official record of any of your Digital Asset accounts.