Last updated: July 9th, 2021
Please read this document carefully, as it sets out the terms and conditions on which Moon Pay PTE Limited (referred to as "MoonPay") will provide services to you through our websites, APIs, or mobile applications.
1.1 Moon Pay PTE Limited is a company, organised and existing under the laws of Singapore, and having its principal place of business at 100 Peck Sheah Street, #07-07, PS100, Singapore (079333). It is registered with Registrar of Companies under number C 20201567G.
1.2 In this document, references to we/our/us are to MoonPay. 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
1.4 This Agreement will govern the use of the Services provided by MoonPay. By using the Services you agree to be bound by the terms and conditions set out on this Site (the "Agreement"). 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.
1.5 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.
1.6 For the purposes of this Agreement a "Business Day" is any day which is not a Saturday, Sunday or public holiday in Singapore and which the banks are open for business in Singapore.
DISCLAIMER: The risk of loss in trading or holding Bitcoin or any other cryptocurrency can be substantial. You should therefore carefully consider whether trading or holding Bitcoin or any other cryptocurrency is suitable for you in light of your financial condition. In considering whether to trade or hold bitcoin, you should be aware that the price or value of Bitcoin or any other cryptocurrency can change rapidly, decrease, and potentially even fall to zero.
To be eligible to use any of the MoonPay Services, you must be at least 18 years old, have capacity to enter into legally binding contracts and reside in a country in which the relevant MoonPay Services are accessible. The list of accessible countries can be found here.
3. Services provided to you
3.1.2 At no point during the purchase, will MoonPay be in possession or in control of client funds.
3.2 MoonPay DOES NOT provide Crypto / Digital Asset wallets, nor does MoonPay host wallets or is custodian of funds or assets.
3.3 Purchases / orders through MoonPay are one-offs and executed individually, one by one.
3.4 Together, the services set out in clause 3 are referred to in this Agreement as the "Services".
MoonPay DOES NOT facilitate or provide trading or investment or brokerage accounts or facilities, nor does MoonPay provide investment or any other financial advice.
4. Customer registration process
4.1 To use the MoonPay Services, you will need to register for an account by providing your name, email address and accepting the terms of this Agreement. By using MoonPay Services, you agree and represent that you will use the MoonPay Services only for yourself, and not on behalf of any third party. You are fully responsible for all activity that occurs under your MoonPay account. We may, in our sole discretion, refuse to open a MoonPay account for you, or limit the number of accounts that you may hold or suspend or terminate any account.
4.2 To become a Customer you must also provide MoonPay with the information that is requested as part of the account opening process to verify your identity and the detection of anti-money laundering terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information.
4.3 You will need to complete certain verification procedures before you are permitted to start using the MoonPay Services.
4.4 The information we request may include certain personal information including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number) network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details. In providing us with this or any other information that may be required, you confirm that the information is accurate and correct and you agree to keep us updated if any of the information you provide changes. We will treat this information in accordance with the Data Protection provisions of this Agreement.
4.5 You authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further MoonPay Services and/or before permitting you to engage in transactions beyond certain volume limits.
4.6 Failure to provide any information that MoonPay reasonably requests from you pursuant to applicable money laundering laws and regulations after you have become a Customer shall be grounds for the suspension of the provision of Services to you (including access to your account) and/or the termination of this Agreement. The nature and extent of the information you are required to provide may differ, for example, based on the Services provided to you under this Agreement and/or the means of payment you use.
5. Transactions limits and enhanced due diligence
5.1 The use of all MoonPay Services is subject to a limit on the volume, stated in GBP, EUR or other fiat currency you may transact or transfer in a given period (e.g. daily). To view your limits, login to your MoonPay account Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. We reserve the right to change applicable limits as we deem necessary. If you wish to raise your limits beyond the posted amounts, you may submit a request at [email protected].
5.2 We may require you to submit additional information about yourself and provide additional records, if you wish to raise your limits ("Enhanced Due Diligence"). In our discretion, we may refuse to raise your limits, or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
6. Cryptocurrency purchase
6.1 You will be able to purchase Cryptocurrencies from us and through our partner’s mobile applications and websites subject to the applicable fees displayed during the purchase flow. The price, exchange rate and amount of the Cryptocurrency that you wish to purchase will be confirmed at the time that you place an order for a Cryptocurrency Purchase.
6.2 Acceptance by us of an order for a Cryptocurrency Purchase does not guarantee that you will receive the corresponding amount of Cryptocurrency. The Cryptocurrency Purchase 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 and the transaction being honoured by the Customer’s bank, card provider or other relevant party, 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 transaction by the Cryptocurrency network. Cryptocurrency transactions that are in a pending state will not be credited to the wallet.
6.4 Payment Services Partners. MoonPay may use a third-party payment processor to process any fiat payment between you and MoonPay.
6.5 Recurring Transactions. If you set up a recurring purchase of Cryptocurrencies (a "Future Transaction"), you authorise us to initiate recurring electronic payments in accordance with your selected Cryptocurrency Purchase. Your Future Transactions will occur in identical, periodic instalments, based on your period selection (e.g., daily, weekly, monthly), until either you or MoonPay cancels the Future Transaction. This authorisation will remain in full force and effect until you change your Future Transaction settings or until you provide us with written notice via [email protected].
7. Cancellations and refunds
7.1 Once an order / purchase to buy Cryptocurrency has been made it cannot be cancelled or recalled.
7.2 All orders / purchases are final and cannot be refunded once the Cryptocurrency has been sent to the Cryptocurrency wallet indicated at the time of purchase.
7.3 Once an order / purchase has been sent to the Cryptocurrency wallet indicated at the time of purchase it cannot be recalled or retrieved under any circumstances.
7.4 You hereby agree that upon delivery, you will not be entitled to any credit or refund and all purchases are final. Moon Pay Limited's obligation towards you will be absolutely discharged upon delivery of the product to you and shall have no claim or right against Moon Pay Limited upon such delivery.
8. Suspension, termination and cancellation
8.1 MoonPay may: (a) refuse to complete, or block or cancel you have authorised,(b) suspend, restrict, or terminate your access to any or all of the MoonPay Services, and/or (c) deactivate or cancel your MoonPay Account with immediate effect for any reason, including but not limited to where:
8.1.1 we reasonably believe that we need to do so in order to protect our reputation;
8.1.2 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;
8.1.3 we reasonably suspect you of acting in breach of this Agreement;
8.1.4 we have concerns that a transaction is erroneous or about the security of your MoonPay Account or we suspect the MoonPay Services are being used in a fraudulent or unauthorised manner;
8.1.5 we suspect money laundering, terrorist financing, fraud, or any other financial crime;
8.1.6 use of your MoonPay Account is subject to any pending litigation, investigation, or government proceeding and / or we perceive a heightened risk of legal or regulatory non-compliance associated with your MoonPay Account activity; and / or
8.1.7 you take any action that may circumvent our controls such as opening multiple MoonPay Accounts or abusing promotions which we may offer from time to time.
8.1.8 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.
8.1.9 any Cryptocurrency Purchase is significantly larger in size;
8.1.10 MoonPay reasonably believes that it is necessary or desirable to do so in order to protect the security of the Account, including circumstances where any Account Details may have been lost or stolen.
8.2 In the case of any such suspension, MoonPay shall make reasonable efforts to inform you about the withholding or suspension, provided that such disclosure:
8.2.1 is not in breach of any applicable law or regulation and does not contravene the instruction of any competent authority or regulator; and
8.2.2 would not compromise MoonPay's reasonable security measures.
8.3 MoonPay shall not be liable to you for any losses you may suffer as a result of any reasonable action it takes to suspend the Account or withhold settlement of a Cryptocurrency Purchase in accordance with this clause 8.
8.4 Where the reasons for MoonPay's actions under this clause 8 cease to exist, MoonPay may, at its discretion, either reinstate access to the Account and the Services and/or issue the Customer with new Account Details and reserves the right to ask you to re-complete the account opening procedures as outlined in these Terms and to resolve any open issues with your account before a restriction can be removed.
We may suspend, restrict, or terminate your access to any or all of the MoonPay Services and/or deactivate or cancel your MoonPay Account, without reason by giving you one months’ notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your MoonPay Account, may be based on confidential criteria that are essential for the purposes of our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.
9.1 All fees payable under this Agreement are displayed during the purchase flow and shall be paid in Euro or any other currency that is agreed between MoonPay and the Customer.
9.2 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 ordered / purchased.
10. Data protection law
10.1.1 your disclosure to us of any personal data was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
11.1 This clause 11 sets out MoonPay's entire financial liability (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Customer:
11.1.1 arising under or in connection with this Agreement;
11.1.2 in respect of any use made by the Customer of the Services or any part of them; and
11.1.3 in respect of any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
11.2 Except as expressly and specifically provided in this Agreement, MoonPay disclaims all warranties and conditions express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the Services, their use and the results of such use.
11.3 All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this Agreement to the fullest extent permitted by applicable law.
11.4 Whilst MoonPay takes every care to ensure that the standard of the Website remains high and to maintain the continuity of it, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate the MoonPay API.
11.5 MoonPay disclaims all liability associated with the use of Cryptocurrency, including:
11.5.1 unknown inherent technical defects;
11.5.2 regulatory or legislative changes; and
11.5.3 currency fluctuation.
11.6 Nothing in this Agreement excludes the liability of MoonPay:
11.6.1 for death or personal injury caused by MoonPay negligence;
11.6.2 for fraud, fraudulent misrepresentation or fraudulent misstatement; or
11.6.3 any statutory liability not capable of limitation.
11.7 Subject to clause 11.6, MoonPay will not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent), restitution or otherwise for any loss of profits, loss of business, loss or corruption of data, depletion of goodwill and/or similar losses, or pure economic loss, or for any special, punitive, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement or for any loss, damage or corruption of any Cryptocurrency as a result of the instructions, acts or omissions of the Customer. This shall include any losses attributable to a failure by the Customer to keep secure any security or other information relating to the Wallet and access to it.
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.
12. Warranties and representations
12.1 By agreeing to this Agreement, you represent, warrant and undertake to us that:
12.1.1 you have full power and authority to enter into this Agreement;
12.1.2 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;
12.1.3 you are entering into this Agreement as principal and not on behalf of any third party;
12.1.4 you will not violate any applicable laws by entering into this Agreement or receiving the Services provided under it;
12.1.5 you will not provide false, misleading or inaccurate information;
12.1.6 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;
12.1.7 funds or Cryptocurrencies transferred to the Wallet or any Sub-Wallet have been acquired lawfully;
12.1.8 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;
12.1.9 you will not harass and/or threaten our employees, agents, or other users;
12.1.10 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;
12.1.11 any information provided by you to MoonPay under this Agreement is true, complete, accurate, up to date and not misleading; and
12.1.12 you shall provide all assistance reasonably requested by MoonPay to enable MoonPay to comply with its obligations under this Agreement.
12.2 MoonPay warrants, represents and undertakes that it shall provide the Services with reasonable care and skill.
12.3 No Warranties. 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.
12.4 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.
13. Stored card details
13.3 We need to do this so that you will be able to deposit and withdraw more easily in future and it also helps us to prevent and detect any fraudulent activity.
13.4 Stored details are primarily used so that you don’t have to re-enter all your details for every transaction you make. In your account you will see the last 4 digits of the card number, and this forms the reference for you to reference the correct card you wish to use.
13.5 We also compare stored details in our fraud screening systems, to prevent your details being used on any other accounts and safeguard your data.
13.6 As per our policy, if you don’t agree to us storing your payment card details, we won’t be able to process your deposit from the card used.
13.7 Changes in the permitted use will require your agreement, we will notify you if this occurs.
14. Right of withdrawal
14.1 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.
14.2 We will not normally provide the Services during the withdrawal period. Any Services, orders or purchases which are fully performed before a withdrawal cannot be reversed.
14.3 You must notify your withdrawal request to us within the allotted period by email to [email protected].
14.4 If you exercise your right of withdrawal, this Agreement will be terminated at no cost to you.
15.1 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.
15.2 This Agreement can be terminated immediately by the Customer providing written notice to MoonPay.
15.3 This Agreement can be terminated by MoonPay in accordance with all the provisions of this agreement.
16. Force majeure
16.1 No party will be in breach of this Agreement nor liable for any failure to perform its obligations under this Agreement if that failure results from circumstances beyond its reasonable control.
17.1 We may (where allowed to do so by law) communicate with you by posting information in your Account or on the Website, in which case the information will be treated as received by you when it is posted by us.
17.2 We may also contact you at the postal or email address you provide us with when applying to open your Account. Notices sent by email will be deemed to have been received at the time of transmission as shown by the sender’s records (or if sent outside business hours, at 9 am on the first Business Day following dispatch). Notice sent by post will be deemed to have been received on the second business day after posting.
18.1 For any complaint relating to the Services, you are advised to contact [email protected].
19.1 Your Compliance with Applicable Law. 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.
19.2 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.
19.3 "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.
19.4 Your use of the MoonPay Services and the Site is subject to international export controls and economic sanctions requirements. By sending, buying, selling, 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:
19.4.1 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
19.4.2 you intend to supply any acquired or stored Digital Currency or MoonPay Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
19.5 We will notify of you any change to the Agreement on your first use of the MoonPay Services after any amendment. You will be deemed to have accepted the change if you continue to use the MoonPay Services. If you do not accept the change you should let us know, and the Agreement will terminate. You may also end the Agreement immediately and free of charge with effect at any time.
19.6 We may make all other amendments to the Agreement by posting the revised Agreement on the Site or by emailing it to you, indicating when the revised Agreement becomes effective. Although we will endeavour to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your MoonPay Account and cease using the MoonPay Services.
19.7 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.
19.8 Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or MoonPay to be treated as partners or joint ventures, or either you or MoonPay to be treated as the agent of the other.
19.9 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 MoonPayServices. 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.
19.10 Contact Information. You are responsible for keeping your email address and telephone number up to date in your MoonPay Account profile in order to receive any notices or alerts that we may send you (including notices or alerts of actual or suspected Security Breaches).
19.11 Entire Agreement. 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.
19.12 Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
19.13 This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including 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.
19.14 Invalidity. 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.
19.15 We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.
19.16 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.
19.17 Change of Control. In the event that MoonPay is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control.
19.18 All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, MoonPay Account cancellation, debts owed to MoonPay, general use of the Site, disputes with MoonPay, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.
19.19 This Agreement will be governed by, and construed in accordance with, the laws of England and, subject to any overriding legal requirements, 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.
19.20 If you have any feedback, questions, or complaints, you may contact us via our customer support webpage or at [email protected].
User Agreement - USA
Last updated: June 21, 2021
Welcome to MoonPay. This is a User Agreement between you (also referred to herein as “Client,” “User,” or “Customer”) and Moon Pay Ltd. “MoonPay”). This User Agreement (the “Agreement”) governs your use of the services provided by MoonPay the “MoonPay Services” or “Services”) described below. By signing up to use an account (including any website, web widget, API, mobile applicable, or any other similar platform owned, controlled, operated or offered by MoonPay (the “Site” or the “MoonPay Site”)
THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES YOU AND MOONPAY TO RESOLVE ALL DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS YOU CHOOSE TO OPT OUT OF SUCH PROVISION. PLEASE SEE SECTION [6.2] TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER” BELOW. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WAIVE YOUR RIGHT TO TRIAL BY JURY, AND EXCEPT AS PERMITTED BY SECTION [6.2], YOU WILL NOT BE ABLE TO BRING ANY CLAIMS IN STATE OR FEDERAL COURT.
As explained in further detail in THE SECTION BELOW ENTITLED “E-SIGN DISCLOSURE AND CONSENT,” authorization to electronically receive any and all communications (DEFINED BELOW) is a condition of ACCESS TO AND USE OF THE SERVICES, meaning that if you revoke your consent to receive such communications electronically you understand that you may not continue to access or use the Services.
As with any asset, the value of digital currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. You should carefully consider whether trading or holding digital currencies is suitable for you in light of your financial condition. 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.
Part 1: GENERAL USE
1. The Services
Description of Services. MoonPay allows users to engage in transactions directly with MoonPay for the purchase or sale of certain digital currencies (each currency usable on the Site, a “Digital Currency”) in exchange for fiat currency or another Digital Currency (each such transaction, an “Digital Currency Transaction”).
MoonPay’s current pricing information for the Digital Currencies may be viewed through the Site. Please note that Digital Currency prices are volatile and fluctuate throughout the day, and any pricing information obtained through the Site is for informational purposes only. In order to conduct a Digital Currency Transaction, you must log into your MoonPay Account and input the desired transaction details (e.g., purchase or sale, the currency you wish to purchase/sell, and amount). MoonPay will then provide its current pricing information for your chosen currency[ies]. If you accept the pricing displayed, you can then accept and confirm the Digital Currency Transaction. If you do not accept the pricing displayed, you can choose not to proceed and cancel.
Once you accept the price and confirm, MoonPay settles the Digital Currency Transaction by executing a corresponding debit to your chosen payment method (credit, debit or prepaid card, bank account or third-party provided digital currency wallet, as applicable) and crediting your designated third-party digital currency wallet with the purchased digital currency or your bank account with fiat currency, as applicable.
Wallets. MoonPay does not offer digital currency wallets. In order to use the MoonPay Services, you must provide us with the address of one or more third-party provided digital currency wallets to which we can transfer your purchased Digital Currency (a “Linked Wallet”). You may only link digital currency wallets that you own and control to your MoonPay Account. By providing us with the address to send purchased Digital Currency, you represent and warrant that you own and control such wallet. If at any time you no longer own or control a third-party provided digital currency wallet that is linked to your MoonPay Account, you must notify us and remove such wallet from your MoonPay Account immediately.
Payment Method. In order to purchase Digital Currency from MoonPay, you must provide a valid and accepted payment method, which will be linked to your MoonPay Account (your “Linked Payment Method”). Upon MoonPay’s verification of your payment method(s), you will be able to engage Digital Currency Transactions.
2. Account setup
Eligibility. To be eligible to use the MoonPay Services, you must be at least 18 years old (or the applicable age of majority and contractual capacity in the jurisdiction in which you reside), reside in the United States, and have and use a valid MoonPay Account (see Sections [2.3 and 2.4] below for information regarding Account creation and validation)
Terms. We may amend or modify this Agreement at any time by posting the revised agreement on the Site and/or providing a copy to you (a “Revised Agreement”). The Revised Agreement shall be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your MoonPay Account.
Registration of MoonPay Account. You must register for a MoonPay account to use the Services (“MoonPay Account”). By registering for a MoonPay Account, you agree and represent that you will use the MoonPay Account only for yourself, and not on behalf of any third party. You are fully responsible for all activity that occurs under your MoonPay Account. We may, in our sole discretion, refuse to establish a MoonPay Account, limit your access to the Services, or suspend or terminate any MoonPay Account or the trading of a specific Digital Currency through your MoonPay Account.
Identity Verification. During registration for your MoonPay Account, you agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the MoonPay Services. MoonPay may alter, limit or cease your access to the Services as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including but not limited to your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number and account number) and in some cases (where permitted by law), special categories of personal data, such as your biometric information. In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You further agree to keep us updated if any of the information you provided changes.
Access. To access the MoonPay Services, you must have the necessary equipment (such as smartphone or laptop) and the associated telecommunication service subscriptions to access the Internet. The MoonPay Services can be accessed directly using the Site. Access to MoonPay Services may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to buy or sell for periods of time and may also lead to support-response-time delays. Although we strive to provide you with excellent service, we do not represent that the MoonPay Site or Services will be available without interruption and we do not guarantee that any order will be executed, accepted, recorded or remain open. MoonPay shall not be liable for any losses resulting from or arising out of transaction delays.
3. Digital currency purchases and sales
Purchase or Sale of Digital Currencies. When you purchase Digital Currency using your Account, you are purchasing directly from MoonPay. You can purchase Digital Currency using your Linked Payment Method. Your purchase must follow the relevant instructions on the Site. You can sell certain Digital Currencies directly to MoonPay and instruct MoonPay to deposit the proceeds from the sale into your linked bank account or debit card.
Digital Currency prices are volatile and MoonPay reserves the right to cancel any transaction not confirmed by you within ten 10 seconds after MoonPay quotes a transaction price. A purchase of Digital Currency using your Linked Payment Method generally will initiate on the business day we receive your instructions. MoonPay will transfer the purchased Digital Currency to your designated Linked Wallet as soon as funds have settled to MoonPay which in the case of a bank account or credit or debit card may take up to five business days. You can sell Digital Currency and instruct MoonPay to deposit funds into your verified bank account or onto your debit card or, where supported, a Digital Currency Wallet. If MoonPay cannot complete your Digital Currency Transaction for any reason (such as price movement, market latency or order size), MoonPay will reject the order and notify you of such rejection. You will not be charged for a rejected transaction.
Fees. A full list of MoonPay fees can be found on our Pricing and Fees Disclosures page. By using MoonPay Services you agree to pay all applicable fees. MoonPay reserves the right to adjust its pricing and fees and any applicable waivers at any time. We will always notify you of the pricing and fees which apply to your Digital Currency Transaction when you authorize the transaction and in each receipt we issue to you. We may charge network fees (miner fees) to process a Digital Currency Transaction. We will calculate the network fee in our discretion, although we will always notify you of the network fee at or before the time you authorize the Digital Currency Transaction. If MoonPay cannot complete your Digital Currency Transaction for any reason (such as price movement, market latency or order size), MoonPay will reject the order and notify you of such rejection. You will not be charged for a rejected transaction.
Unauthorized and Incorrect Transactions. When a Digital Currency Transaction occurs using your credentials, we will assume that you authorized such transaction, unless you notify us otherwise. If you believe you did not authorize a particular transaction or that a transaction was incorrectly carried out, you must contact us as soon as possible either by email or at https://support.MoonPay.com.
Account Information. You can see your transaction history using the MoonPay Site, including (i) the amount (and currency) of each Digital Currency Transaction, (ii) a reference to the destination Linked Wallet, (iii) any fees charged and (iii) the date of each Digital Currency Transaction.
Reversals & Cancellations. You cannot cancel, reverse or change any Digital Currency Transaction marked as complete or pending. 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 Digital Currency 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. We reserve the right to refuse to process or to cancel or reverse any Digital Currency 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 Section [5.5]. 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 cancelled transaction.
Payment Services Partners. MoonPay may use a third-party payment processor to process any US Dollar payment between you and MoonPay.
4. Data protection and security
Security Breach. If you suspect that your MoonPay Account or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you and/or MoonPay (together a “Security Breach”), you must notify MoonPay Support as soon as possible at https://support.MoonPay.com and continue to provide accurate and up to date information throughout the duration of the Security Breach. You must take any steps that we reasonably require to reduce, manage or report any Security Breach. Failure to provide prompt notification of any Security Breach may be taken into consideration in our determination of the appropriate resolution of the matter.
5. General use, prohibited use, death of account holder and termination
Limited License. We grant you a limited, non-exclusive, non-transferable license subject to the terms of this Agreement to access and use the MoonPay Services, MoonPay Site, and related content, materials, information (collectively, the “Content”) solely for purposes approved by MoonPay from time to time. Any other use of the MoonPay Site or Content is expressly prohibited and all other rights, title, and interest in the MoonPay Services, MoonPay Site or Content is exclusively the property of MoonPay and its licensors. You agree you will not 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, without the prior written consent of MoonPay. “MoonPay.com”, “MoonPay”, and all logos related to the MoonPay Services or displayed on the MoonPay Site are either trademarks or registered marks of MoonPay or its licensors. You may not copy, imitate or use them without MoonPay’s prior written consent.
Website Accuracy. Although we intend to provide accurate and timely information on the MoonPay Site, the MoonPay Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it; all decisions based on information contained on the MoonPay Site are your sole responsibility and we shall incur no liability for such decisions. Information provided by third parties including historical price and supply data for Digital Currencies is for informational purposes only and MoonPay makes no representations or warranties to its accuracy. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the MoonPay Site.
Promotions. From time to time, MoonPay may make available special offers or conduct promotions for qualifying customers. MoonPay shall have no obligation to make special offers available to all customers.
Third-Party Applications. If, to the extent permitted by MoonPay from time to time, you grant express permission to a third party to access or connect to your MoonPay Account, either through the third party’s product or service or through the MoonPay Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your MoonPay Account. Further, you acknowledge and agree that you will not hold MoonPay responsible for, and will indemnify MoonPay from, any liability arising out of or related to any act or omission of any third party with access to your MoonPay Account. You may change or remove permissions granted by you to third parties with respect to your MoonPay Account at any time through the tabs on the Account Settings page on the MoonPay Site.
Prohibited Use. You are responsible for complying with applicable law, including state and federal laws and regulations regarding money laundering, terrorist financing, and money transfer and remittance. You are responsible for understanding and abiding by the laws and regulations of each jurisdiction in which you use MoonPay’s Services.
Except as required by law, we may, without notice and without liability to you, suspend or terminate access to, or refuse to provide, any Services at any time in our sole discretion, including with limitation:
if we believe, in our sole discretion, you directly or indirectly use, or attempt to use, the Services for any unlawful or improper purpose;
if you provide any incomplete, incorrect or false information to us;
if you attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the Site or the Services;
if we believe that your use of any method of payment is unauthorized, or if your method of payment does not have sufficient available funds (or credit, as applicable), or that has expired, or if your method of payment is declined or your payment is blocked or reversed for any reason;
if you have breached any portion of this Agreement;
if we determine such action is necessary to comply with this Agreement, any of our policies, procedures or practices, or any law, rule or regulation; and/or
as otherwise set forth in Section [5.8].
You agree that we will not be held responsible or liable to you or any other person for such action except as required by law.
Transaction Limits. The use of all MoonPay Services is subject to a limit on the amount of volume, stated in U.S. Dollar terms, you may transact or transfer in a given period (e.g., daily). To view your limits, login to your MoonPay Account. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. MoonPay reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request at https://support.MoonPay.com. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with MoonPay staff (such process, “Enhanced Due Diligence”). MoonPay reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
Suspension, Termination, and Cancellation. MoonPay may: (a) suspend, restrict, or terminate your access to any or all of the MoonPay Services, and/or (b) deactivate or cancel your MoonPay Account(s) if: (i) We are so required by a facially valid subpoena, court order, or binding order of a government authority; (ii) We reasonably suspect you are violating this Agreement; (iii) Use of your MoonPay Account(s) is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your MoonPay Account activity; (iv) Our service partners are unable to support your use; (v) You take any action that MoonPay deems as circumventing MoonPay’s controls, including, but not limited to, opening multiple MoonPay Accounts or abusing promotions which MoonPay may offer from time to time.
If MoonPay suspends or closes your MoonPay Account or terminates your use of MoonPay Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits MoonPay from providing you with such notice. You acknowledge that MoonPay’s decision to take certain actions, including limiting access to, suspending, or closing your MoonPay Account, may be based on confidential criteria that are essential to MoonPay’s risk management and security protocols. You agree that MoonPay is under no obligation to disclose the details of its risk management and security procedures to you.
You may cancel your MoonPay Account(s) at any time by contacting our support team. You will not be charged for cancelling your MoonPay Account(s), although you will be required to pay any outstanding amounts owed to MoonPay. You authorize us to cancel or suspend any pending Digital Currency Transactions at the time of cancellation.
Death of Account Holder. For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will close your MoonPay Account.
Relationship of the Parties. MoonPay is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and MoonPay to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or MoonPay to be treated as the agent of the other.
Password Security; Contact Information. You are responsible for creating a strong password and maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the MoonPay Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your MoonPay Account by third parties and the loss or theft of any Digital Currency and/or funds held in any linked accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your MoonPay Account profile in order to receive any notices or alerts that we may send you. You should never allow remote access or share your computer screen with someone else when you are logged in to your MoonPay Account. MoonPay will never and under any circumstances ask you for your IDs, passwords or 2-factor authentication codes. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of MoonPay and/or failure to follow or act on any notices or alerts that we may send you. In the event you believe your MoonPay Account information has been compromised, contact MoonPay Support immediately at https://support.moonpay.com.
Taxes. It is your sole responsibility to determine whether and to what extent, any taxes apply to any transactions you conduct through the MoonPay Services and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your MoonPay Account.
No Investment Advice or Brokerage. For the avoidance of doubt, MoonPay does not provide investment, tax or legal advice, nor does MoonPay broker trades on your behalf. MoonPay is your direct counterparty in each Digital Currency Transaction. All Digital Currency Transactions are executed automatically, based on the parameters of your order instructions and in accordance with posted execution procedures. You are solely responsible for determining whether an investment, investment strategy or related transaction is appropriate for you. You should consult your legal or tax professional regarding your specific situation. Any information MoonPay may provide regarding Digital Currencies or digital currencies, generally, including those not supported by MoonPay are purely informational and do not constitute an endorsement of such products or information or investment advice, financial advice, trading advice or any other sort of advice and you should not treat any of the Site’s content as such.
6. Customer feedback, queries, complaints and dispute resolution
Contact MoonPay. If you have feedback, or general questions, contact us via our Customer Support webpage at https://support.MoonPay.com. When you contact us, please provide us with your name, address and any other information we may need to identify you, your MoonPay Account and the transaction on which you have feedback or questions.
DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER. AGREEMENT TO ARBITRATE, SEAT OF THE ARBITRATION, ARBITRATOR’S AUTHORITY AND FORM OF THE AWARD. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE, NEUTRAL ARBITRATOR, INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND WE AND YOU EACH WAIVE THE RIGHT TO TRIAL BY A JURY. THE SEAT OF THE ARBITRATION SHALL BE DOVER, DELAWARE, NOTWITHSTANDING YOUR RIGHT TO CHOOSE WHERE ARBITRATION HEARINGS WILL BE CONDUCTED, AS FURTHER PROVIDED HEREIN. THE ARBITRATION SHALL BE CONDUCTED IN ENGLISH. THE ARBITRATOR SHALL BE A PRACTICING ATTORNEY. THE ARBITRATOR SHALL APPLY THE LAW AND WILL ISSUE A FINAL AND BINDING AWARD STATING THE REASONS FOR THE ARBITRATOR’S DECISION AND A CALCULATION OF ANY DAMAGES AWARDED. A JUDGMENT ON THE AWARD MAY BE ENTERED BY ANY COURT HAVING JURISDICTION. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO DECIDE ISSUES OF ARBITRABILITY, SHALL DECIDE THE RIGHTS AND LIABILITIES, IF ANY, OF YOU AND WE. THE ARBITRATOR SHALL HAVE THE AUTHORITY TO GRANT MOTIONS THAT ARE DISPOSITIVE OF ALL OR PART OF ANY CLAIM OR DISPUTE. THE ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD MONETARY DAMAGES AND TO GRANT ANY NON-MONETARY REMEDY OR RELIEF AVAILABLE UNDER APPLICABLE LAW AND THIS AGREEMENT. THE ARBITRATOR SHALL HAVE THE SAME AUTHORITY TO AWARD RELIEF THAT A JUDGE IN A COURT OF LAW WOULD HAVE.
WAIVER OF CLASS ARBITRATION OR ACTIONS. ANY CLAIMS YOU OR WE ASSERT UNDER THIS AGREEMENT WILL BE BROUGHT ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT, AND YOU AND WE AGREE THAT CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED UNDER ANY CIRCUMSTANCES, INCLUDING THAT ANY CLAIMS OF MORE THAN ONE CUSTOMER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANOTHER CUSTOMER OR PERSON. YOU AND WE AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY FORM OF CLASS ARBITRATION AND/OR ACTION. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY AND ALL RIGHTS IT MAY HAVE TO A TRIAL BY JURY. ANY DISPUTE MUST BE INITIATED WITHIN ONE YEAR AFTER THE COMPLAINING PARTY DISCOVERS THE FACTS THAT FORM THE BASIS FOR THE CONTROVERSY OR CLAIM, OR IT IS FOREVER WAIVED.
APPLICABLE ARBITRATION RULES, HEARINGS AND COSTS. ARBITRATION WILL BE ADMINISTERED BY JAMS IN ACCORDANCE WITH THE THEN-CURRENT COMPREHENSIVE ARBITRATION RULES & PROCEDURES (THE “RULES”), INCLUDING THE EXPEDITED PROCEDURES SET FORTH IN THOSE RULES. THESE RULES ARE AVAILABLE AT WWW.JAMSADR.COM OR BY CALLING JAMS AT (800) 352-5267. ANY REQUIRED ARBITRATION HEARING MAY BE CONDUCTED, AT YOUR OPTION: (1) IN DADE COUNTY, FLORIDA; (2) IN A LOCATION OF YOUR CHOOSING THAT IS WITHIN 50 MILES OF YOUR PLACE OF HABITUAL RESIDENCE; (3) IN A MUTUALLY AGREEABLE ALTERNATIVE LOCATION; OR (4) BY TELEPHONE OR VIDEO CONFERENCE. THE PLACE WHERE THE ARBITRATION HEARINGS SHALL BE CONDUCTED WILL HAVE NO BEARING ON THE LEGAL SEAT OF THE ARBITRATION, WHICH SHALL AT ALL TIMES REMAIN DOVER, DELAWARE. THE SOLE ARBITRATOR SHALL BE APPOINTED BY AGREEMENT OF THE PARTIES. IF SUCH AN AGREEMENT CANNOT BE REACHED WITHIN THIRTY DAYS, THEN THE ARBITRATOR WILL BE APPOINTED BY JAMS IN ACCORDANCE WITH THE RULES. IF YOU INITIATE ARBITRATION HEREUNDER, YOU SHALL PAY UP TO $250 OF THE COSTS OF THE ARBITRATION AND WE PAY ALL COSTS OF THE ARBITRATION IN EXCESS THEREOF (TO THE EXCLUSION OF ANY ATTORNEYS’ FEES YOU INCUR, WHICH SHALL EXCLUSIVELY BE BORNE BY YOU UNLESS AND UNTIL AWARDED BY THE ARBITRATOR IN THE FINAL AWARD). WHERE WE INITIATE ARBITRATION AGAINST YOU, WE SHALL PAY ALL COSTS OF THE ARBITRATION. THE PREVAILING PARTY WILL BE ENTITLED TO AN AWARD OF THE COSTS AND EXPENSES OF THE ARBITRATION, INCLUDING ATTORNEYS’ FEES AND EXPERT WITNESS FEES TO THE FULLEST EXTENT PERMITTED BY LAW.
EXCEPTIONS TO ARBITRATION. YOU AND WE AGREE THAT THE FOLLOWING DISPUTES (AND ONLY THESE DISPUTES) ARE NOT SUBJECT TO THE ABOVE PROVISIONS CONCERNING BINDING ARBITRATION AND MAY BE BROUGHT IN ANY COURT HAVING JURISDICTION OVER THE PARTIES AND SUBJECT MATTER: (1) ANY CLAIMS THAT QUALIFY FOR DISPOSITION BY A SMALL CLAIMS COURT; (2) ANY SUIT TO COMPEL ARBITRATION, STAY PROCEEDING PENDING ARBITRATION, OR TO CONFIRM, MODIFY, VACATE OR ENTER JUDGMENT ON THE AWARD ENTERED BY THE ARBITRATOR; AND (3) ANY SUIT TO SEEK TEMPORARY INJUNCTIVE RELIEF THAT WILL REMAIN IN PLACE ONLY UNTIL AN ARBITRATOR CAN DETERMINE WHETHER THE RELIEF SHOULD BE CONTINUED, MODIFIED OR REMOVED.
SEVERABILITY. YOU AND WE AGREE THAT IF ANY PORTION OF THIS SECTION 15 IS FOUND ILLEGAL OR UNENFORCEABLE, THAT PORTION SHALL BE SEVERED AND THE REMAINDER OF THIS SECTION 15 SHALL BE GIVEN FULL FORCE AND EFFECT.
OPT-OUT. YOU HAVE THE RIGHT TO OPT OUT OF THE PROVISIONS OF THIS SECTION 15 BY SENDING A TIMELY WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO THE FOLLOWING ADDRESS: MOONPAY ARBITRATION OPT-OUT, OR BY EMAIL TO [email protected], WITHIN 30 DAYS AFTER EXECUTING THIS AGREEMENT. YOUR NOTICE MUST INCLUDE YOUR NAME AND ADDRESS AND A CLEAR STATEMENT THAT YOU WANT TO OPT OUT OF THIS SECTION [6.2] OF THE AGREEMENT. IF YOU OPT OUT OF THIS SECTION [6.2], ALL OTHER PARTS OF THIS AGREEMENT WILL CONTINUE TO APPLY TO YOU. OPTING OUT OF THIS SECTION [6.2] WILL NOT HAVE ANY EFFECT ON OTHER ARBITRATION AGREEMENTS THAT YOU MAY CURRENTLY HAVE WITH MOONPAY, OR MAY ENTER INTO IN THE FUTURE WITH MOONPAY.
7. General provisions
Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses or other malicious code that may affect your computer or other equipment or any phishing, spoofing or other attack. We advise the regular use of 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. Always log into your MoonPay Account through the Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
Release of MoonPay; Indemnification. If you have a dispute with one or more users of the Services, you release MoonPay, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold MoonPay, its affiliates and Service Providers and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
Limitation of Liability; No Warranty. IN NO EVENT SHALL MOONPAY, ITS AFFILIATES AND SERVICE PROVIDERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE DIGITAL CURRENCY TRANSACTION(S) CONDUCTED BY YOU OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE MOONPAY SITE OR THE MOONPAY SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MOONPAY HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF MOONPAY’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT MOONPAY FAILED TO PROCESS A DIGITAL CURRENCY TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MOONPAY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOONPAY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. MOONPAY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE MOONPAY SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. MOONPAY DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS SET FORTH IN THIS AGREEMENT, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE MOONPAY SERVICES AND MOONPAY SITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT MOONPAY WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL CURRENCY PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, OR (C) INTERRUPTION IN ANY SUCH DATA.
MoonPay makes no representations about the accuracy, order, timeliness or completeness of historical Digital Currency price data available on the MoonPay Site. MoonPay will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards and check issuances are processed in a timely manner but MoonPay makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
IF YOU ARE A NEW JERSEY RESIDENT, the provisions of this Section [7.3] are intended to apply only to the extent permitted under New Jersey law.
Entire Agreement. This Agreement comprises the entire understanding and agreement between you and MoonPay as to your access to the Site and use of the Services, and 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. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
Amendments. We may amend or modify this Agreement by posting on the MoonPay Site or sending the Revised Agreement to the email associated with your MoonPay Account, and the Revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your MoonPay Account. You agree that we shall not be liable to you or any third party for any modification or termination of the MoonPay Services, or suspension or termination of your access to the MoonPay Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will attempt to provide advanced notice via our website and/or email before the material change becomes effective.
Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any MoonPay affiliates or subsidiaries, or to any successor in interest of any business associated with the MoonPay Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation of any local, state, or federal government agency, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
Change of Control. 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 as part of such merger, acquisition, sale or other change of control.
Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, MoonPay Account cancellation, debts owed to MoonPay, general use of the MoonPay Site, disputes with MoonPay, and general provisions, shall survive the termination or expiration of this Agreement.
Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of laws provisions. To the extent any claims may be made in court pursuant to this Agreement, and subject to the arbitration agreement contained in Section [6.2] if you have not opted out of the same, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Delaware. TO THE EXTENT THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION ABOVE IS INAPPLICABLE TO A CLAIM OR ACTION, AND WITHOUT PREJUDICE TO SUCH SECTION, EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT; EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION; AND EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY TO ENTER INTO THIS AGREEMENT. You and MoonPay agree that any lawsuit arising out of or related to this Agreement or your use of the Site or the Services, which is brought by you or any third party, must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred.
Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
Non-Waiver of Rights. This Agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.
8. E-sign disclosure and consent
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: (i) 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; (ii) customer service communications; (iii) privacy policies and notices; (iv) changes to this Agreement, (v) statements, information and records regarding your transactions; (vi) information regarding the debiting or charging, as applicable of your selected payment method; (vii) any and all legally required error resolution policies, and responses to claims filed in connection with your access to or use of the Services; (viii) any other communications related to your access to and/or use of the Services, and (ix) with your consent, marketing and other promotional communications (collectively, “Communications”).
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.
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 e-mail, (ii) by access to a web site that we will designate in an e-mail notice we send to you at the time the information is available, or (iii) to the extent permitted by law, on the Site 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.
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 e-mail address and your contact information, and you must promptly notify us of any changes to this information. You can update information (such as your e-mail address) through the Site.
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 e-mail 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.
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 https://support.moonpay.com/hc/en-gb or contacting us at [email protected].
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 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.
Federal Law. You acknowledge and agree that your consent to electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), and that you and we both intend that the E-Sign Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
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.