This is a contract between you and MoonPay Jersey Ltd (“MoonPay”), a company organised and existing under the laws of Jersey with company number 157158 and having its registered office at 3rd Floor, IFC 5 Castle Street, St Helier, Jersey JE2 3BY. MoonPay is registered with the Jersey Financial Services Commission (“JFSC”) as a crypto asset service provider.
1.1 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. This Agreement applies to your use of the following MoonPay products and services (the “Service” and “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 (“MoonPay Balance Services”); and
The ability to deposit or receive fiat currency into a unique, reusable account identifier that is programmatically linked to your MoonPay Account and self-hosted address (“Virtual Account Services”)
1.2 Please read this document carefully, as it sets out the terms and conditions on which MoonPay will provide the Services to you.
1.3 By agreeing to these terms and using our Services, you agree that you have read, understood, and accept all of the terms and conditions contained in this Agreement, as well as our and .
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 of this Agreement. If you do not agree to any of the terms in this Agreement, or any subsequent modification to this Agreement, you will not be permitted to use the Services. This Agreement will come into effect when you confirm electronically that you agree to it. We recommend that you retain a copy of this Agreement and transaction records.
1.5 We may from time to time make changes to the terms of this Agreement. 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.
1.6 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.
1.7 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.
1.8 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.
1.9 For the purposes of this Agreement:
1.9.1 an “Account” or “MoonPay Account” means an online account created by you in order to access the Services;
1.9.2 a "Business Day" means any day which is not a Saturday, Sunday or public holiday in Jersey and which the banks are open for business;
1.9.3 “Crypto Asset” or “Crypto Assets” means a cryptographically secured digital representation of value or contractual rights that uses a form of distributed ledger technology and can be transferred, stored or traded electronically. The definition of Crypto Asset also includes “right to, or interest in, the Crypto Asset”;
1.9.4 “Order” means a request for the Services;
1.9.5 “Partner” means third party firms who refer you to MoonPay in order to purchase and/or sell Crypto Assets;
1.9.6 “Partner Sites” means Partner’s mobile applications and websites;
1.9.7 “MoonPay Balance” means the service offered by MoonPay that allows you to hold a balance of credits on the MoonPay platform.
1.9.8 “Services” means the service allowing you to purchase, sell and/or swap Crypto Assets from MoonPay and the MoonPay Balance service, individually and collectively; and
1.9.9 “Wallet” means a secured digital facility in which Crypto Assets are held.
1.10 You have understood, acknowledged and accepted the following DISCLAIMER:
1.10.1 The risk of loss in trading or holding Bitcoin or any other Crypto Assets 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 Crypto Assets, you should be aware that the price or value of Crypto assets can change rapidly, decrease, and potentially even fall to zero.
1.10.2 You acknowledge that MoonPay is not responsible for safeguarding or holding your Crypto Assets, or any private keys or other security information to access your Crypto Assets and that MoonPay is not responsible for any loss of Crypto Assets resulting from theft, loss, or mishandling of Crypto Asset private keys or other security information outside its control.
1.10.3 Every purchase and sale of Crypto Assets is effected on and confirmed by the respective network of that Crypto Asset. The confirmation takes a period of time (usually less than one hour, but possibly one day or more). An Order is not complete until it is confirmed. Crypto Assets associated with Orders that are in a pending state will be designated accordingly.
1.11 MoonPay may, at times, cause one or more of its affiliates to perform certain obligations set forth herein.
2. Eligibility
2.1 To be eligible to use any of the Services, you confirm that you are:
2.1.1 at least 18 years old;
2.1.2 have sufficient capacity to enter into legally binding contracts;
2.1.3 reside in a country in which the relevant Services are accessible; and
2.1.4 willing to provide to us any current valid personal identification documents that we request
3. Services provided to you
3.1 Once you have completed the registration process, MoonPay will provide the Services to you.
3.2 When using the Services, you are buying Crypto Assets from, or selling Crypto Assets to, MoonPay directly 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. MoonPay does not act as an intermediary or marketplace between buyers and sellers of Crypto Assets.
3.3 MoonPay will send / deliver Crypto Assets to the Wallet address indicated at the time of the Order subject to the conditions of this Agreement.
3.4 At no point during the purchase or sale, will MoonPay be in possession or in control of client funds.
3.5 MoonPay does not host Wallets, and is not a custodian of your funds or assets.
3.6 Orders through MoonPay are executed individually, one by one.
3.7 If you are a resident of a country where the service is offered, MoonPay may make the MoonPay Balance service available to you, which allows you to hold a balance of credits on the MoonPay platform.
3.8 MoonPay DOES NOT facilitate or provide trading or investment or brokerage accounts or facilities, nor does MoonPay provide investment or any other financial advice.
4. Customer registration process
4.1 To To use the Services, you will need to register for an Account by providing your name, email address and accepting the terms of this Agreement. By using Services, you agree and represent that you will use the Services only for yourself, and not on behalf of any third party. Upon successful completion of the registration process, MoonPay will establish your Account. You are fully responsible for all activity that occurs under your MoonPay Account. We may, in our sole discretion, refuse to open a MoonPay Account for you, or limit the number of Accounts that you may hold or suspend or terminate any Account, and are not required to provide you with the reasons for taking any such action.
4.2 We may request certain personal information from you including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). 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 MoonPay’sPrivacy Policy.
4.3 You authorise us to make enquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these enquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our enquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction before permitting you to use further Services and/or before permitting you to engage in transactions beyond certain volume limits.
4.4 Failure to provide any information that MoonPay reasonably requests from you pursuant to applicable money laundering laws and regulations after you have become a Customer shall be grounds for the suspension of the provision of Services to you (including access to your Account) and/or the termination of this Agreement. The nature and extent of the information you are required to provide may differ, for example, based on the Services provided to you under this Agreement and/or the means of payment you use.
4.5 Where you are referred to us by our Partners via Partner Sites, you will still be required to register for an Account with MoonPay and this Agreement will apply in full irrespective of any other terms you sign up to with our Partners.
5. Transactions limits and enhanced due diligence
5.1 The use of all Services is subject to a limit on the volume you may transact or transfer in a given period (e.g. daily). To view your limits, login to your MoonPay Account. Your transaction limits may vary depending on your payment method, verification steps you have completed and other factors. We reserve the right to change applicable limits as we deem necessary and where possible will provide advance notice to you, although in some cases this will not be possible and you will be informed after any changes to the applicable limits have taken place. If you wish to raise your limits beyond the posted amounts, you may submit a request at [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. Crypto Asset orders
6.1 You will be able to purchase and sell (or swap) Crypto Assets (if in a supported region) from and to us, through our Site and through Partner Sites subject to the applicable fees and limits.
6.2 Acceptance by us of an Order does not guarantee that you will receive the corresponding amount of Crypto Assets or fiat currency. The Crypto Asset Order is conditional upon actual receipt by us of the funds from your credit or debit card (or in the case of a swap, the applicable Crypto Assets), as well as payment of any applicable fees.
6.3 MoonPay may charge fees for your use of the certain Services, including entering orders for Crypto 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. 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.
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.
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.
6.4 Subject to clause 6.2 and the Order being honoured by your bank, card provider or other relevant party, Crypto Asset purchases and swaps shall be credited to any Crypto Asset Wallet, as provided by you at the time of the Order, as soon as possible once the Crypto Asset purchase has been confirmed by the Crypto Asset network. Once submitted to a Crypto Asset network, a Crypto Asset purchase will be unconfirmed for a period of time pending sufficient confirmation of the Order by the Crypto Asset network. Crypto Asset Orders that are in a pending state will not be credited to the Wallet.
6.5 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.
6.6 Subject to clauses 6.2 and 8, Crypto Asset sales shall be debited to any Crypto Asset Wallet, as provided by you at the time of the Order, as soon as possible once the Crypto Asset sale has been confirmed by the Crypto Asset network. Once submitted to a Crypto Asset network, a Crypto Asset sale will be unconfirmed for a period of time pending sufficient confirmation of the Order by the Crypto Asset network. Crypto Asset Orders that are in a pending state will not be debited to the Wallet. Once the Crypto Asset sale is confirmed, fiat funds will be credited to the Customer’s bank, card provider or other relevant party.
6.7 Recurring Transactions. If you set up a recurring purchase or sale of Crypto Assets (a "Future Transaction"), you authorise us to initiate recurring electronic payments in accordance with your selected Crypto Asset Order. Your Future Transactions will occur in identical, periodic instalments, based on your period selection (e.g., daily, weekly, monthly), until either you or MoonPay cancels the Future Transaction. This authorisation will remain in full force and effect until you change your Future Transaction settings or until you provide us with written notice via [email protected].
6.8 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.
6.9 Please note that as part of accessing our Services, you may be required to sign up to separate and independent terms when using the Partner Sites and with any third-party payment processor.
7. Crypto Asset storage
7.1 MoonPay does not provide any Wallet or hold, safeguard or administer any private keys or other security information or Crypto Assets for its Customers.
7.2 When using the Services, you will be asked to provide us with the address for your Wallet by either:
providing a QR code which represents your Wallet address;
manually typing your Wallet address;
using a Wallet address automatically provided by a MoonPay partner; or
accessing your MoonPay Wallet.
7.3 It is your responsibility to provide us with a true, accurate and complete Wallet address when carrying out an Order. It is therefore important that the Wallet address that you provide for an Order is correct. You understand and agree that MoonPay accepts no liability for you providing an incorrect or inaccurate Wallet address as part of an Order. By providing a Wallet address to us, you confirm that this is the Wallet address that should be used for the relevant Order and we will not, and have no responsibility to, check whether you have provided a correct and accurate Wallet address for the Order.
7.4 You acknowledge and agree, without prejudice to any other terms in this Agreement, that you bear all of the risk of any loss of access to your Wallet(s) and any Crypto Assets contained in your Wallet(s). MoonPay does not control and is not responsible for the Crypto Assets in your Wallet(s). You are solely responsible for any Crypto Assets transferred to or from your Wallet(s) and we make no, and hereby disclaim all, representations, warranties, claims and assurances as to any such transactions. If you lose your keys to your Wallet(s), you may lose access to your Wallet(s) and any Crypto Assets contained in your Wallet(s). MoonPay is not liable for fluctuations in the fiat currency value of Crypto Assets in your Wallet.
8. Transmission delays
8.1 MoonPay will use good faith efforts to fulfil Orders at the time that you place such Order, including the applicable fee and costs. However, from time to time, it may be necessary for MoonPay to delay fulfilment of an Order until such time as we are able to execute the Order. In such cases, we will notify you prior to the completion of your Order both:
8.1.1 the amount of Crypto Assets you will receive; and
8.1.2 the price at the time (including associated fees and costs).
8.2 MoonPay does not have any control over transaction times for the Crypto Asset Network and there may be instances where transaction times may take longer than usual. As such, you accept the risk that an Order facilitated by MoonPay may be delayed and you confirm that you will not hold MoonPay responsible for any losses, damages or injury arising out of or related to such delay.
9. Cancellations and refunds
9.1 Once you have placed an Order it cannot be cancelled or recalled.
9.2 All Orders are final and cannot be refunded.
9.3 Once an Order has been sent to the Crypto Asset Wallet it cannot be recalled or retrieved under any circumstances.
9.4 You hereby agree that upon delivery, you will not be entitled to any credit or refund and all purchases, sales, and swaps of Crypto Assets are final. MoonPay's obligation towards you will be absolutely discharged upon delivery of the Crypto Assets to your Wallet or fiat funds to your bank account and you shall have no claim or right against MoonPay upon such delivery.
9.5 Please also note that Crypto Asset transactions are irreversible. It is your sole responsibility to be vigilant of any fraud or mistake and to keep your private key safe. MoonPay will not take responsibility to issue refunds, regardless of whether you were the victim of fraud, mistake or loss of private key.
9.6 If an order for a swap fails for any reason, including if we have to requote a swap quote to you because of price volatility and you reject the requote, then there will be an automatic refund to you, minus any applicable network fees.
10. MoonPay Balance
10.1 MoonPay Balance may be available to you if you are resident in a country where the Services are made available. Your MoonPay Balance may be used only to purchase Crypto Assets from us, and you may receive the proceeds from a sale of Crypto Assets into your MoonPay Balance in an amount of credits equal to the value of the sale.
10.2 If you use your MoonPay Balance to purchase a Crypto Asset, you must have sufficient credits in your MoonPay Balance to cover the amount of the payment. Your MoonPay Balance will be debited in an amount of credits sufficient to purchase the relevant Crypto Asset (inclusive of any relevant fees). Any Crypto Asset purchase using MoonPay Balance that exceeds your MoonPay Balance will be rejected. You can top up your MoonPay Balance at any time using an acceptable and available payment method. You may redeem your MoonPay Balance at any time, subject to our approval and pursuant to the terms of this Agreement.
10.3 If you choose to top up your MoonPay Balance using a payment method that may be subject to a chargeback, you agree that you will not seek a chargeback other than for unauthorised use of the payment method or for a breach by us of this Agreement which would result in you having a right to a refund. Otherwise, you may not chargeback any top up transaction for any reason for which we are not responsible, including insufficient funds on your payment method.
10.4 If a chargeback or reversal of a top up results in a negative MoonPay Balance, you will be required to immediately repay that negative balance by topping up your MoonPay Balance. Failure to do so is a breach of this Agreement.
10.5 Subject to the terms of this Agreement, your MoonPay Balance does not expire.
10.6 We reserve the right to freeze or suspend your ability to use your MoonPay Balance at our discretion if (a) we believe a top up transaction is fraudulent or invalid, (b) we believe any transaction using MoonPay Balance is fraudulent, illegal, or otherwise suspicious, (c) we believe you have breached or may breach any term of this Agreement or any other agreement with us or our affiliates, (d) we believe any of the conditions set out below at section 11 have been satisfied, or (e) for any other reason we believe provides a valid reason for taking such action.
10.7 Your MoonPay Balance is not an electronic money account and does not qualify as a “deposit”. MoonPay Balance is not a representation of money or funds. By accepting the terms of this Agreement, you acknowledge and agree that your MoonPay Balance is not protected by any deposit guarantee scheme and the funds used to top up your MoonPay Balance account will not be safeguarded.
10.8 Your MoonPay Balance belongs to you, the owner of the Account and no other person has any rights to your MoonPay Balance. You may not assign or transfer your MoonPay Balance to a third party or otherwise grant any third party a legal or equitable interest over it.
10.9 You acknowledge and agree that we have the right to offset any debt you owe to us or our affiliates against your MoonPay Balance.
11. Iron Services
11.1 We may provide you with access to virtual accounts and stablecoin settlement services (collectively, the “Iron Services”). A virtual account is a unique payment account reference assigned to you within an internal ledger system (“Virtual Account”).
11.2 Virtual Accounts let you programmatically convert fiat funds for a MoonPay-supported Crypto Asset. Virtual Accounts let you receive fiat funds from a bank account and automatically convert those funds to a MoonPay-supported Crypto Asset, delivering the Crypto Asset to your identified self-hosted wallet. Virtual Accounts also allow you to receive fiat funds to your pre-approved bank account.
11.3 When fiat funds are received into a Virtual Account, they are automatically processed by us or our Third Party Partner for the purpose of converting the funds into a MoonPay-supported Crypto Asset to be delivered to your designated wallet address. A Virtual Account is not a bank account in your name. It is a reference account maintained by us with our Bank Partner solely to support the Iron Services.
11.4 You may not use your Virtual Account for purposes other than those expressly permitted under these Terms. We do not hold funds in your Virtual Account on your behalf, and as such no interest will ever accrue as a result of your usage of your Virtual Account. Any funds or Crypto Assets received in virtual accounts are ours and not yours, unless otherwise specified in the terms of the Third Party Partner.
11.5 When you use a Virtual Account to receive, fund or settle a transaction that involves the conversion of fiat funds into crypto assets (or vice versa), MoonPay is the merchant of record for the conversion. Our Bank Partner only provides the payment account infrastructure and does not itself act as your counterparty.
11.6 You authorize us and our service providers to debit or credit your linked payment methods and accounts to complete funding, conversion, settlements, adjustments, chargebacks, returns, and fee collection related to transactions initiated via a Virtual Account. Transactions funded via a Virtual Account are subject to payment-network and bank return rules. We may reverse, debit, or recover amounts previously credited if a return or reversal occurs. Fiat funds sent to a Virtual Account may be subject to bank or payment-network settlement times, return windows, or review holds. Processing times cannot be guaranteed.
11.7 A minimum transaction amount of one Euro (€1.00) or its equivalent in other supported currencies or virtual assets applies to all transactions initiated through the Iron Services. Any transaction request below this threshold will not be executed. You acknowledge that if you initiate a transaction below this minimum threshold, it may be automatically rejected and not processed. MoonPay shall bear no responsibility for such non-executed transactions, and shall not refund or compensate such rejected requests.
11.8 We may place holds, delays, or restrictions on funds received into or disbursed from a Virtual Account as necessary to satisfy compliance, fraud prevention, or risk management requirements. We are not responsible for any losses or damages you incur as a result of such holds, delays, or restrictions, and you agree that no interest will accrue on any funds subject to such actions. We do not and cannot impose holds, reversals, or restrictions on Digital Assets once they have been delivered to a non-custodial wallet.
11.9 Certain aspects of the Iron Services may require acceptance and/or knowledge of terms of Third Party Partners as a condition for using the Iron Services. The applicable Third Party Partner terms in connection with the Iron Services are set forth at https:///iron.xyz/provider-terms. By continuing to use the Iron Services, you acknowledge and agree that you have reviewed, accept, and consent to be bound by, these Third Party Partner terms. If you do not agree to these terms, you must stop using the Iron Services immediately.
11.10 We rely on third-party banks, payment networks, and service providers to provide the Virtual Account services. We are not responsible for delays, errors, or losses caused by such third parties, except as required by applicable law. We do not guarantee that any funding, conversion, or settlement initiated via a Virtual Account will be executed, or executed at any particular time or price. We are not responsible for delays or for transactions that are not executed.
11.11 Terms Regarding FedNow Payments. This section applies to the extent you open or use a US dollar-denominated Virtual Account which uses the FedNow functionality. FedNow®️ Instant Payments. Certain transactions to or from your Virtual Account may be processed over the FedNow®️ Service, a real-time payment service operated by the Federal Reserve Banks that allows credit transfers in U.S. dollars to be sent and received 24 hours a day, 7 days a week, including weekends and holidays. FedNow payments are routed and posted based on the account number and routing number provided, and not by matching the name on the account. Once a FedNow payment is accepted and posted to an account, it is final and cannot be reversed through the FedNow Service. Transaction records and related information (including payment details, identifiers, and timestamps) may be used and disclosed by the Federal Reserve Banks and our Bank Partner in connection with operating the FedNow Service, including for directory, risk, compliance, and fraud-prevention services that support routing, screening, and risk management. As part of providing the Virtual Account services and the conversion of fiat funds to Digital Assets, we may also collect, use, retain, and share transaction, device, network, and risk-related information with our service providers, our Bank Partner, the Federal Reserve Banks, and other financial institutions involved in a transaction, where reasonably necessary to process the transaction and to detect, investigate, and prevent fraud, security incidents, and misuse, or as required by law. Our collection, use, and sharing of personal information is described in our Privacy Policy.
11.12 Any payment-related or other regulated services accessible via the Virtual Account Services are provided by regulated Third Party Providers currently as follows:
If your virtual account has an EE prefix, it is issued by Monerium ehf., which acts as the Third Party Provider. By accepting these Terms, you also enter into a separate agreement with Monerium and agree to be bound by Monerium’s terms. Monerium’sBusiness Terms (if you are a business user) or Personal Terms (if you are an individual user).
If your virtual account has a DE prefix, it is issued by Fiat Republic B.V., which acts as the Third Party Provider. You must review and comply with Fiat Republic’s Acceptable Use Policy, and by accessing its services, you agree to act in good faith and in accordance with its requirements.
If your virtual account details refer to Cross River Bank, HiFi Bridge Inc. acts as the Third Party Provider. By accepting these Terms, you will enter into a separate agreement with HiFi and agree to be bound by HiFi’s terms.
If your virtual account details refer to Lead Bank, Lead Bank acts as the Third Party Provider.
11.13 MoonPay accepts no liability whatsoever for services provided to you by Third Party Service Providers.
11. 14 Once Crypto Asset transactions are broadcast to the blockchain and/or the non-custodial wallet you designate, the transfer is irreversible and outside our control. You are solely responsible for ensuring that all payment instructions, wallet addresses, and account information you provide are accurate and complete. We are not responsible for losses arising from your provision of incorrect or incomplete information.
12. Suspension, termination and cancellation
12.1 MoonPay may: (a) refuse to complete, or block or cancel transactions you have authorised, (b) suspend, restrict, or terminate your access to any or all of the Services, and/or (c) deactivate or cancel your MoonPay Account with immediate effect for any reason, including but not limited to where:
12.1.1 we reasonably believe that we need to do so in order to protect our reputation;
12.1.2 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;
12.1.3 we reasonably suspect you of acting in breach of this Agreement;
12.1.4 we have concerns that a transaction is erroneous or about the security of your MoonPay Account or we suspect the Services are being used in a fraudulent or unauthorised manner;
12.1.5 we suspect money laundering, terrorist financing, fraud, or any other financial crime;
12.1.6 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
12.1.7 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.
12.1.8 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.
12.1.9 any Crypto Asset Order is significantly larger in size;
12.1.10 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.
12.2 In the case of any such suspension, MoonPay shall make reasonable efforts to inform you about the withholding or suspension, provided that such disclosure:
12.2.1 is not in breach of any applicable law or regulation and does not contravene the instruction of any competent authority or regulator; and
12.2.2 would not compromise MoonPay's reasonable security measures.
12.3 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 Crypto Asset Order in accordance with this clause 12.
12.4 Where the reasons for MoonPay's actions under this clause 12 cease to exist, MoonPay may, at its discretion, either reinstate access to the Account and the Services and/or issue you new Account details and reserves the right to ask you to re-complete the Account opening procedures as outlined in this Agreement and to resolve any open issues with your Account before a restriction can be removed.
12.5 Notwithstanding the above, we may suspend, restrict, or terminate your access to any or all of the Services and/or deactivate or cancel your MoonPay Account, without reason by giving you at least three (3) Business Days’ notice.
12.6 You will also be able to cancel your MoonPay Account, at any time and free of charge, and will only be required to pay for those Services used that are subject to charges. If any Order is in a pending status at the time your MoonPay Account is cancelled or suspended, such Order will be completed before cancellation is effected. You may not cancel your MoonPay Account to evade an investigation or avoid paying any amounts otherwise due to MoonPay.
12.7 In the event that you or we terminate this Agreement or your access to the Services, or deactivate or cancel your MoonPay Account, you will remain liable for all amounts due under this Agreement prior to this, including all fees and charges.
12.8 You must redeem your MoonPay Balance before you terminate or close your account. Failure to do so may result in you losing access to your MoonPay Balance.
13. Fees
13.1 All fees payable under this Agreement are displayed prior to the purchase or sale of Crypto Assets by using the Services and/or prior to the top up or redemption of MoonPay Balance. All fees shall be paid in the applicable fiat currency. Please note, our fees are made clear to you at the point of sale, and on this point you will be asked to confirm that you are clear about the fee and that in proceeding you agree to the fee prior to MoonPay executing the Order.
13.2 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 Crypto Assets.
14. Taxes
You are responsible for determining whether, and to what extent, any taxes apply to any transactions associated with these Services, You must withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities.
15. Data protection law
We are committed to keeping your personal information safe. We process personal information in accordance with applicable data protection legislation. Please read our privacy policy to understand how we use and protect the information you provide us. A copy of our privacy policy can be accessed here:https://www.moonpay.com/legal/privacy_policy.
16. Liability
16.1 Neither MoonPay, nor any of its directors, employees or agents, shall be liable for any loss or damage sustained by you as a direct or indirect result of the provision by MoonPay of its Services, save that nothing in this Agreement shall exclude or restrict any liability of MoonPay resulting from:
16.1.1 death or personal injury;
16.1.2 for fraud, fraudulent misrepresentation or fraudulent misstatement; and/or
16.1.3 any statutory liability not capable of limitation.
16.2 MoonPay shall not in any event be liable for loss of profits, loss of opportunity, loss of business, loss of savings, loss of goodwill, loss of Crypto Assets, loss of MoonPay Balance, claims by third parties, loss of anticipated savings (whether direct or indirect) or for any type of special, direct, indirect or consequential loss howsoever caused, even if caused by MoonPay’s negligence and/or breach of contract and even if such loss was reasonably foreseeable or MoonPay had been advised of the possibility of you incurring the same.
16.3 MoonPay disclaims all liability associated with the use of Crypto Assets or MoonPay Balance, including:
16.3.1 unknown inherent technical defects;
16.3.2 regulatory or legislative changes; and
16.3.3 currency fluctuation.
16.4 MoonPay shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. It is your responsibility to use a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from MoonPay.
16.5 You indemnify and hold us, our subsidiaries, members, directors, partners, officers, employees, contractors and agents harmless from and against any loss, liability, claim, demand, damages, costs, expenses (including legal fees) which may arise from or in connection with the Services, any content on the Services shared by you or other users, any third party websites or resources found through the services, any users of the services, or any breach of this Agreement, applicable laws or any law or regulation in any jurisdiction.
16.6 Except for the express statements set forth in this Agreement, you hereby acknowledge and agree that you have not relied upon any other statement or understanding, whether written or oral, with respect to your use and access of the Services and Site.
17. Warranties and representations
17.1 By agreeing to this Agreement, you represent, warrant and undertake to us that:
17.1.1 you have full power and authority to enter into this Agreement;
17.1.2 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;
17.1.3 you are entering into this Agreement as principal and not on behalf of any third party;
17.1.4 you will not violate any applicable laws by entering into this Agreement or receiving the Services provided under it;
17.1.5 you will not provide false, misleading or inaccurate information;
17.1.6 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 Services;
17.1.7 funds or Crypto Assets transferred to the Wallet or any sub-Wallet have been acquired lawfully;
17.1.8 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;
17.1.9 you will not harass and/or threaten our employees, agents, or other users;
17.1.10 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;
17.1.11 any information provided by you to MoonPay under this Agreement is true, complete, accurate, up to date and not misleading; and
17.1.12 you shall provide all assistance reasonably requested by MoonPay to enable MoonPay to comply with its obligations under this Agreement.
17.2 The Services are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the 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 Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
17.3 MoonPay makes no representation or warranty that the Services are applicable or appropriate for use by Customers in all jurisdictions and it is your responsibility to ensure compliance with the laws of any relevant jurisdiction of your residence.
18. Stored card details
18.1 We are legally obligated to secure your consent to allow us to store your card details for future use and cannot process your payment before you agree to such storing. By accepting this Agreement, you hereby give us permission to do so.
18.2 Your card will remain stored against your Account for transactional purposes, unless you decide to remove it, or until the card expires. For legal purposes, we will continue to store records of your transactions in accordance with our Privacy Policy.
18.3 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.
18.4 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.
18.5 We also compare stored details in our fraud screening systems, to prevent your details being used on any other Accounts and safeguard your data.
18.6 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.
18.7 Changes in the permitted use will require your agreement, we will notify you if this occurs.
19. Right of withdrawal
19.1 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.
19.2 We will not normally provide the Services during the withdrawal period. Any Services or Orders which are fully performed before a withdrawal cannot be reversed.
19.3 You must notify your withdrawal request to us within the allotted period by email to [email protected].
19.4 If you exercise your right of withdrawal, this Agreement will be terminated at no cost to you.
20. Term
20.1 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.
20.2 This Agreement can be terminated immediately by the Customer providing written notice to MoonPay.
20.3 This Agreement can be terminated by MoonPay in accordance with all the provisions of this Agreement.
21. Security
21.1 You will be provided with security details from us which will be needed in order for you to access your Account. You must keep all such security details (including usernames and passwords) private and not share such details with any third party.
21.2 You must monitor your Account and read all messages that have been sent to you. If you suspect that any feature of your Account (for example login details, password or other security feature) has been lost, stolen, misappropriated, used without authorisation or otherwise compromised, you must contact us immediately notifying us of such action and you agree to change your password immediately if necessary.
21.3 We will never ask you to share your password with us or to any third party and you must never disclose this to anybody or allow someone to watch you when you are accessing your Account. It is advised that in order to keep your Account safe, you change your password regularly as this will minimise the risk of your Account being compromised.
21.4 You must also ensure that your registered email account(s) are secure and can only be accessed by you, as your email address may be used in the process of resetting passwords or we may send communications to your email account regarding the security of your Account with us. In case any of the email addresses registered with your Account are compromised, you should, immediately contact us and also contact your email service provider, once you have been made aware of this.
22. Force majeure
Except as set out otherwise, neither party will be liable for any loss caused directly or indirectly from circumstances not within its control, including but not limited to acts of God, government restrictions, exchange or market rulings, actions affecting securities, clearing or commodity exchanges including suspensions of trading or extensions of trading hours, dealing cut-off times and holidays, acts of civil or military authority, national emergencies, natural disasters, wars, riots or acts of terrorism, industrial disputes, acts or regulations of any governmental or supranational bodies and authorities or the failure or malfunction of any telecommunication or computer service.
23. Notices
23.1 AllAll notices and communications pursuant or in connection with this Agreement:
23.1.1 Must be in English, in writing and legible (you confirm by signing this Agreement that you possess proper knowledge and understanding of the English language);
23.1.2 Must be delivered and/or sent to us to the following:
Address: 3rd Floor, IFC 5 Castle Street, St Helier, Jersey JE2 3BY
or any other address as we may from time to time notify you; and
23.1.3 Will be delivered or sent to you at the postal address or email address that you have notified or provided to us in connection with this Agreement.
23.2 The parties acknowledge that any notice or other communication will be deemed to be given as follows :
23.2.1 If delivered, at the time and on the date of delivery if delivered during a Business Day, or at the start of the next Business Day if delivered at any other time;
23.2.2 If sent by post, upon actual receipt by the recipient; or
23.2.3 If sent by email, at the time and on the date of transmission if transmitted during normal office hours (09:00-17:30) on a Business Day (local time at the place of receipt) and, in any other case, at the start of the Business Day following the date of transmission.
23.3 This clause will not apply to the service of any proceedings or other documents in any legal action by the parties. MoonPay will not accept service of proceedings or any legal action by way of email by you or any third party.
23.4 We may (where allowed to do so by law) communicate with you by posting information in your Account or on the Site, in which case the information will be treated as received by you when it is posted by us.
23.5 Complaints and general queries If you have any feedback or questions contact us via our Customer support email address at [email protected]. You may need to provide your name, address, and any other information we may need to identify you, your Account, and the Order on which you have feedback or questions.
23.6 For any complaint relating to the Services, you are advised to contact [email protected]. Should we receive a complaint from you, we will immediately carry out an independent investigation of your complaint and will provide you with a written response. We will aim to respond to you within thirty (30) days of receipt of your written complaint with our final response.
24. General
24.1 You must comply with all applicable laws, regulations, licensing requirements and third party rights (including, without limitation, data privacy laws) in your use of the Services.
24.2 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.
24.3 "MoonPay", moonpay.com and all logos related to the 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.
24.4 Your use of the Services and the Site is subject to international export controls and economic sanctions requirements. By sending, buying, selling, Crypto Assets through the Site or Services, you agree that you will comply with those requirements. You are not permitted to acquire Crypto Assets or use any of the Services through the Site if:
24.4.1 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
24.4.2 you intend to supply any acquired or stored Crypto Assets or Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
24.5 We may change these terms at any time and for any reason. We will notify you of any change to this Agreement on your first use of the Services after any amendment. You will be deemed to have accepted the change if you continue to use the Services. If you do not accept the change you should let us know, and the Agreement will terminate. An up to date copy of these terms is always available on our Website.
24.6 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 Services.
24.7 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.
24.8 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.
24.9 If you receive information about another user through the Services, you must keep the information confidential and only use it in connection with the Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited communications to another user through MoonPay.
24.10 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.
24.11 This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and MoonPay as to the subject matter hereof, and it supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and MoonPay.
24.12 Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
24.13 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 to any persons, including but not limited as part of a merger, acquisition or other corporate reorganisation involving MoonPay, provided that this transfer or assignment does not materially impact the quality of the Services you receive. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
24.14 If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.
24.15 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.
24.16 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.
24.17 In the event that MoonPay is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control.
24.18 Unless otherwise stated, nobody else has any rights under this Agreement.
24.19 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 of your Account, 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.
25. Governing Law and Dispute Resolution
25.1 This section 25 of the Agreement will be referred to as the “Arbitration Agreement”. Please read this section 25 carefully. Any dispute arising out of or relating to this Agreement will be resolved by binding arbitration in London, England under the JAMS International Arbitration Rules, save that where such arbitration is not enforceable against a Customer under the laws applicable to that Customer, the parties submit instead to the exclusive jurisdiction of the Jersey Courts. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.
25.2 Informal Resolution. You and MoonPay agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and MoonPay therefore agree that, before either you or MoonPay demands or attempts to commence arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual Arbitration Agreement. For sake of clarification only, the informal dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify MoonPay that you intend to initiate an informal dispute resolution conference, email [email protected], providing your name, telephone number associated with your MoonPay account (if any), the email address associated with your MoonPay account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
25.3 Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certify completion of the informal dispute resolution conference pursuant to Section 23.2. If this notice is being sent to MoonPay, it must be sent by email to the counsel who represented MoonPay in the informal dispute resolution process, or if there was no such counsel, then by email to [email protected].
25.4 The parties agree that, wherever practicable, they will seek to appoint a fair representation of diverse arbitrators and will request administering institutions to include a fair representation of diverse candidates on their rosters and list of potential arbitrator appointees.
25.5 In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits.
25.6 In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the reasonable costs for legal representation incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under the circumstances where the prevailing party won on some but not all of its claims and counterclaims, the arbitrators may award the prevailing party an appropriate percentage of the reasonable costs for legal representation incurred by the prevailing party in connection with the arbitration.
25.7 This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before, on, or after the effective date of this Agreement. You agree that any dispute or claim arising out of or relating in any way to the subject matter of the Agreement, to your access or use of the Services, to any advertising or marketing communications regarding MoonPay or the Services, to any products or services sold or distributed through the Services that you received, or to any aspect of your relationship or transactions with MoonPay, will be resolved by binding arbitration, rather than in court, except as otherwise required by law or as otherwise provided in this Arbitration Agreement. In addition, to the extent permitted by applicable law, either you or MoonPay may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). Either you or MoonPay may also, to the extent permitted by applicable law, apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual.
25.8 If you are a customer who creates a MoonPay Account for the first time on or after the effective date of this Agreement, you may opt out of this Arbitration Agreement. If you do so, neither you nor MoonPay can force the other to arbitrate as a result of this Agreement. To opt out, you must notify MoonPay in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your MoonPay username (if any), the email address you currently use to access your MoonPay account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: [email protected]. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us. MoonPay’s updates to this Agreement do not provide a new opportunity to opt out of the Arbitration Agreement for customers or Users who had previously agreed to a version of this Agreement, and did not validly opt out of arbitration. MoonPay will continue to honor the valid opt outs of customers who validly opted out of the requirement to use arbitration in a prior version of this Agreement.
25.9 This Arbitration Agreement will survive any termination of your relationship with MoonPay.
