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Terms of Use

 

Last updated: 12 March 2025

1. Introduction

This user agreement (“Agreement”) is between you and Hypermint EU Limited (“Hypermint”) a company organised and existing under the laws of Ireland with company number 745971 and having its registered office at 4th Floor, One Molesworth Street, Dublin 2, Ireland.

In this Agreement, reference to Hypermint/we/our/us are to Hypermint. Any references to Customer/you/your are references to you as a customer of Hypermint. This Agreement applies to your use of the following Services only:

  • The MoonPay.com website or any consumer mobile or desktop applications we may offer (“App Services”); 
  • The ability to purchase and sell NFTs through the App Services or the NFT Checkout widget which may be hosted on third party websites (“NFT Services”); 
  • The use of a MoonPay Account (“Wallet Services”); and
  • The ability to connect your MoonPay Account to other Wallets you may hold at other cryptocurrency Exchanges or any other self-custody Wallets you may hold, in order to access those wallets from the MoonPay platform (the “Software Services”).

This Agreement does not apply to any other products or services provided by Hypermint or any of its affiliates in the MoonPay Group. You may not use any of the Services on behalf of a business entity. 

  1. In this document, any references to the "Service" or “Services” or “Hypermint Services” includes App Services, NFT Services, Wallet Services, Software Services, Application Programming Interfaces (“APIs”), or mobile applications, as the case may be.
  2. Please read this document carefully, as it sets out the terms and conditions on which Hypermint will provide Services to you through our websites, APIs, or mobile applications (together, our “Interface”).
  3. By signing up to create an Account with Hypermint and use our Services, you agree that you have read and understood, and that you accept, all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and Cookie Policy. 
  4. This Agreement will govern the use of the Services provided to you by Hypermint. By using the Services you agree to be bound by the terms and conditions of this Agreement. If you do not agree to any of the terms in this Agreement, or any subsequent modification to this Agreement, you will not be permitted to use the Services and your Account with us will be closed. This Agreement will come into effect when you confirm electronically that you agree to it. We recommend that you retain a copy of this Agreement and your transaction records. 
  5. For the purposes of this Agreement:
    1. An “Account” means an online account created by you in order to access the Services.
    2. A "Business Day" means any day which is not a Saturday, Sunday or public holiday in Ireland and which the banks are open for business in Ireland.
    3. “Cryptocurrency” or “Cryptocurrencies” means a digital representation of value  that can be digitally traded or transferred and can be used for payment or investment purposes but does not include digital representations of fiat currencies, securities or other financial assets.  This includes NFTs. 
    4. “Order” means a request for the Services.
    5. “MoonPay Group” means collectively all of the parents, affiliates, and subsidiaries of Hypermint.
    6. “Wallet” means a secured digital facility in which Cryptocurrencies or NFTs are held and managed. 
    7. “MoonPay Account” means a non-custodial Wallet storing your private keys and digital currency addresses, which allow you to send and receive cryptocurrencies.  The creation of your MoonPay Account is handled by Hypermint.
    8. “NFT” means the blockchain asset defining a non-fungible token, on an underlying blockchain that represents ownership of images, videos, audio files, and other forms of media or ownership of physical or digital property.
    9. “NFT Checkout" means the service offered by Hypermint that facilitates the purchase of NFTs with major fiat payment methods.
  7. You understand, acknowledge and accept the following risks:
  8. The risk of loss in trading or holding any Cryptocurrency (like Bitcoin) can be substantial. You should therefore carefully consider whether trading or holding Bitcoin or any other Cryptocurrency is suitable for you in light of your financial condition. In considering whether to trade or hold Cryptocurrency, you should be aware that:
    1. When you buy, sell or transfer Cryptocurrency you are dealing with a digital asset. This means that, like any other digital system, Cryptocurrencies are at risk of being hacked or affected by technical problems. This could result in you losing your Cryptocurrency or delaying your ability to sell, transfer or spend it;
    2. The price or value of a Cryptocurrency can change rapidly, decrease and potentially even fall to zero. Factors that may affect the value of a Cryptocurrency include a change in governing regulation, introduction of new Cryptocurrencies, or a change to how a Cryptocurrency works.  
  10. You acknowledge that we are not responsible for safeguarding or holding your Cryptocurrency, or any private keys or other security information needed to access your Cryptocurrency and that we are not responsible for any loss of Cryptocurrency resulting from theft, loss, or mishandling of Cryptocurrency private keys or other security information outside its control.  
  11. The Services provided to you by Hypermint are not regulated and you have no recourse to the Financial Services and Pension Ombudsman.
  12. Notwithstanding anything to the contrary in this Agreement, if you are using the NFT Checkout and are purchasing an NFT from a third party, Hypermint may facilitate the purchase and delivery of the NFT to a Wallet.
  13. We do not endorse any NFT in any way. We do not verify the authenticity of and do not review (or approve) any NFT. NFT sellers may make claims about intellectual property ownership, rarity and uniqueness, and value. It is solely your responsibility to investigate and determine the authenticity of any NFT you are considering buying, along with the accuracy of the claims made by the NFT seller. The NFT seller also determines the price, and that price may not be the true market value of the NFT. The rarity and true market value of the NFT may be subject to change, especially if minting is ongoing. Hypermint makes no representations with respect to any NFT to be purchased. You should not assume that purchasing an NFT gives you any legal rights beyond mere ownership of the underlying blockchain asset. Hypermint makes no representations as to any auxiliary rights, benefits or rewards supposedly accompanying any NFT.
  14. A transaction between a buyer and a seller takes place in a peer-to-peer fashion on a public blockchain. We do not guarantee that you will receive your NFT, as there are a number of reasons why transactions may fail. For example, network congestion, a technical blockchain issue or another buyer purchases that NFT before your transaction completes on the blockchain. In case your transaction fails, Hypermint will pay for any gas fees included in the transaction. 

2. Eligibility

  1. To be eligible to use any of the Hypermint Services, you confirm that you: 
    1. are at least 18 years old;
    2. have sufficient capacity to enter into legally binding contracts; 
    3. reside in a country in which the relevant Hypermint Services are accessible; and
    4. are willing to provide to us any information or documents that we request. 

3. Services provided to you

  1. The Services are provided to you as is, upon your request. 
  2. Hypermint does not host Wallets, and is not a custodian of your funds, assets, or cryptographic keys; and
  3. Hypermint DOES NOT facilitate or provide trading or investment or brokerage accounts or facilities, nor does Hypermint provide investment or any other financial advice.
  4. Third-Party Content and Services. In certain Services, including the App, you may view, have access to, and may use the informational content, products, or services of one or more third parties (“Third Party Content” and “Third Party Services” respectively). In each such case, you agree that you view, access or use such content and services at your own election. Your reliance on any Third Party Content and use of Third Party Services in connection with the Offerings is governed on one hand by this Agreement but, on the other, will also generally be subject to separate terms and conditions set forth by the applicable third party content and/or service provider. Those terms and conditions may involve separate fees and charges or may include disclaimers or risk warnings about reliance on or the accuracy of any information. Such terms may also apply a privacy policy different from that which Hypermint maintains and incorporates into this Agreement. It is your responsibility to understand the terms and conditions of Third Party Services, including how those service providers use any of your information under their privacy policies.
  5. Third Party Content and Third Party Services are provided for your convenience only. We do not verify, curate, or control Third Party Content. We do not control Third Party Services. As a result, we do not guarantee, endorse, or recommend such content or services to any or all users of the Services, or the use of such content or services for any particular purpose. You access, rely upon or use any Third Party Content or Third Party Service at your own risk. Hypermint disclaims all responsibility and liability for any Losses on account of your reliance upon or use of such content or services. We have no responsibility for Third Party Content that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable to you or under the law in your jurisdiction. The choice to rely on Third Party Content or to use a Third Party Service is your own, and you are solely responsible for ensuring that your reliance or use is in compliance with all applicable laws. Dealing or correspondence with any third party that provides such content or services is solely between you and that third party. We reserve the right to change, suspend, remove, disable, or impose access restrictions or limits on the use of any Third Party Service at any time without notice.

4. Customer registration process

  1. To access certain Services, you may need to register for an Account, complete customer onboarding requirements, and accept the terms of this Agreement. By using the Services, you agree and represent that you will use the Services only for yourself, and not on behalf of any third party. 
  2. To access certain Services, you may need to provide Hypermint or its affiliates with certain information requested as part of the Account opening process to identify and verify your identity and permit us to keep a record of such information. You may need to complete certain verification procedures before you are permitted to start using certain Services.
  3. The information requested may include certain personal information including, but not limited to, your name, address, telephone number, email address, date of birth, government identification number, information regarding your bank account (such as the name of the bank, the account type, routing number, and account number), 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 process this information in accordance with Hypermint’s Privacy Policy. 
  4. Failure to provide any information that Hypermint reasonably requests from you may 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. MoonPay Account

  1. As part of our Services, you may be able to create a non-custodial Wallet (i.e. your MoonPay Account). You understand and agree that as a non-custodial Wallet, it is your responsibility to ensure you can access your MoonPay Account.
  2. This Wallet will allow you to (a) store digital assets; (b) link to third party decentralized exchanges ("DEXs") and third party decentralized applications; (c) view addresses and information that are part of digital asset networks and broadcast transactions; (d) participate in DEX trades and associated DEX activity; and (e) perform any additional services that we may add to the Wallet from time to time.
  3. In order to create a MoonPay Account, you may be required to provide additional information including your phone number or email, and a one time password (“OTP”). You agree not to provide another person's phone number or email address. This MoonPay Account will be linked to your Account and is controlled by you.
  4. When you create a MoonPay Account, a mnemonic phrase (aka a “seed phrase”) is created with random entropy on your device. This seed phrase is used to derive a cryptographic key pair. The resultant public/private key pair represents the MoonPay Account and ownership of the private key is evidence of your ownership of your MoonPay Account. The public key is visible to all participants of a blockchain’s network. This public/private key pair enables you to send and receive Cryptocurrencies on the relevant blockchain network. The private key is required to digitally sign transactions for any Cryptocurrency represented by the corresponding public key. We will not store your seed phrase or private key in our database. Instead, we utilise a dedicated and secure data centre from Amazon Web Services leveraging hardware security and proprietary technology to encrypt your seed phrase and automatically backup the encrypted wallet. 
  5. You as the user retain control of your MoonPay Account and private key at all times. We will never request your private key. We can not directly access your seed phrase or private key. Only the email or phone number associated with the MoonPay Account can access the materials needed to decrypt the encrypted backup. You may choose to backup and export your seed phrase at any time. You may also request that Hypermint delete any encrypted backup of your seed phrase. Please note that you are solely responsible for the security of your MoonPay Account and we are not liable for any lost or stolen data. If there is additional two-factor authentication enabled, you may be required to authenticate with a second OTP in order to access your encrypted wallet backup.
  6. Once authenticated you may initiate any wallet related transaction using the Services at any time. We do not sign messages on your behalf or control the MoonPay Account on your behalf. Once authenticated you can initiate any relevant blockchain transaction. We have no duty to inquire into or investigate the validity or accuracy of any transaction, though we may, at our sole discretion, inquire into or investigate such a transaction. You will be responsible for keeping your phone and/or email address secure and for any activity associated with your phone/email and your MoonPay Account. We will not be responsible if someone else accesses your phone/email and authorises a transaction upon receipt of an OTP. You should let us know immediately if your phone has been stolen and/or your phone or email has otherwise been compromised. 
  7. We have no ability to access your seed phrase or any other raw private key information. Hypermint does not provide any custodial Wallet services and does not hold, safeguard or administer private keys or Cryptocurrency for its Customers. We cannot initiate a transfer of Cryptocurrencies or otherwise access Cryptocurrencies in your MoonPay Account.
  8. We are not your brokers, intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any decisions in connection with a MoonPay Account or our Services. We are not responsible for any activities that you engage in when using your MoonPay Account, and you should understand the risks associated with Cryptocurrencies.
  9. You are solely responsible for maintaining the security of your private keys and your MoonPay Account. You acknowledge and agree, without prejudice to any other terms in this Agreement, that you bear all of the risk of any loss of access to your MoonPay Account and any Cryptocurrencies contained in it. We do not control and are not responsible for the Cryptocurrencies in your MoonPay Account. You are solely responsible for any Cryptocurrencies transferred to or from your MoonPay Account and we make no, and hereby disclaim all, representations, warranties, claims and assurances as to any such transactions. If you lose your keys to your MoonPay Account, you may lose access to your MoonPay Account and any Cryptocurrencies contained in it. We are not liable for fluctuations in the value of Cryptocurrencies in your MoonPay Account.

6. Transfers

  1. Cryptocurrency transactions are irreversible. It is your sole responsibility to be vigilant of any fraud or mistake and to keep your private key(s) safe. Hypermint will not issue refunds, regardless of reason including whether you were the victim of fraud, mistake or loss of private key(s).

7. Suspension, termination and cancellation

  1. Hypermint may suspend, restrict, or terminate your access to any or all of the Hypermint Services with immediate effect for any reason, including but not limited to where:
    1. we reasonably believe that we need to do so in order to protect us or our reputation;
    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;
    3. we reasonably suspect you of breaching this Agreement;
    4. we have concerns about the security of your Hypermint Account or we suspect the Hypermint Services are being used in a fraudulent or unauthorised manner;
    5. use of your Hypermint 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 Hypermint Account activity; 
    6. you take any action that seeks to circumvent our controls;
    7. you fail to provide documentation that Hypermint (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 laws and regulations or to verify your identity and/or funding sources to Hypermint satisfaction;
    8. Hypermint 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.
  3. In the case of any such suspension, Hypermint shall make reasonable efforts to inform you about it, provided that such disclosure:
    1. is not in breach of any applicable law or regulation and does not contravene the instruction of any competent authority or regulator; and
    2. would not compromise Hypermint's security measures.
  5. Hypermint 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.

Where the reasons for Hypermint's actions under this section cease to exist, Hypermint may, at its discretion, either reinstate your access to the Account and Services and/or issue you with new Account details. Hypermint 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 is removed. 

Notwithstanding the above, we may suspend, restrict, or terminate your access to any or all of the Hypermint Services and/or deactivate or cancel your Hypermint Account, without reason at any time. 

8. Fees

  1. Any fees payable under this Agreement shall be paid in the applicable currency. Fees are finalized at the time of execution and by proceeding with an Order you agree to the applicable fees. You agree to pay any fees associated with your use of the Services. We may modify these fees at any time. 
  2. Hypermint 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.

8. Taxes

You are responsible for determining whether, and to what extent, any taxes apply to any transactions associated with the Services. You must withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. We are not responsible for collecting these from you, for making any payments on your behalf, or for providing any reports relating to tax.

10. 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

11. Disclaimers; Risk

  1. DISCLAIMER. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES, THE THIRD PARTY CONTENT, OR THE THIRD PARTY SERVICES, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE SERVICES, THIRD PARTY CONTENT, OR THIRD PARTY SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT ANY CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR ALTERED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED AND ARE NOT RELYING UPON ANY REPRESENTATION OR WARRANTY FROM THE MOONPAY GROUP THAT IS NOT OTHERWISE IN THIS AGREEMENT OR IN A SEPARATE WRITTEN AGREEMENT BETWEEN US, AND YOU AGREE YOU WILL NOT TAKE A POSITION IN ANY PROCEEDING THAT IS INCONSISTENT WITH THIS PROVISION.
  2. RISKS. OUR SERVICES RELY ON EMERGING TECHNOLOGIES, SUCH AS SOLANA. SOME SERVICES ARE SUBJECT TO INCREASED RISK THROUGH YOUR POTENTIAL MISUSE OF THINGS SUCH AS PUBLIC/PRIVATE KEY CRYPTOGRAPHY, OR FAILING TO PROPERLY UPDATE OR RUN SOFTWARE TO ACCOMMODATE PROTOCOL UPGRADES, SUCH AS THE TRANSITION TO PROOF OF STAKE CONSENSUS. BY USING THE SERVICES, YOU EXPLICITLY ACKNOWLEDGE AND ACCEPT THESE HEIGHTENED RISKS. YOU REPRESENT THAT YOU ARE FINANCIALLY AND TECHNICALLY SOPHISTICATED ENOUGH TO UNDERSTAND THE INHERENT RISKS ASSOCIATED WITH USING CRYPTOGRAPHIC AND BLOCKCHAIN-BASED SYSTEMS AND UPGRADING YOUR SOFTWARE AND PROCESSES TO ACCOMMODATE OFFERING AND PROTOCOL UPGRADES, AND THAT YOU HAVE A WORKING KNOWLEDGE OF THE USAGE AND INTRICACIES OF DIGITAL ASSETS SUCH AS ETHER (ETH) OR SOLANA (SOL) AND OTHER DIGITAL TOKENS, SUCH AS THOSE FOLLOWING THE ERC-20 TOKEN STANDARD. IN PARTICULAR, YOU UNDERSTAND THAT WE DO NOT OPERATE THE ETHEREUM OR SOLANA PROTOCOLS OR ANY OTHER BLOCKCHAIN PROTOCOL, COMMUNICATE OR EXECUTE PROTOCOL UPGRADES, OR APPROVE OR PROCESS BLOCKCHAIN TRANSACTIONS ON BEHALF OF YOU. YOU FURTHER UNDERSTAND THAT BLOCKCHAIN PROTOCOLS PRESENT THEIR OWN RISKS OF USE, THAT SUPPORTING OR PARTICIPATING IN THE PROTOCOL MAY RESULT IN LOSSES IF YOUR PARTICIPATION VIOLATES CERTAIN PROTOCOL RULES, THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE, THAT YOUR PRIVATE KEY AND SECRET RECOVERY PHRASE MUST BE KEPT SECRET AT ALL TIMES, THAT HYPERMINT WILL NOT STORE A BACKUP OF, NOR WILL BE ABLE TO DISCOVER OR RECOVER, YOUR PRIVATE KEY OR SECRET RECOVERY PHRASE, THAT DIGITALLY COPYING AND STORING YOUR SECRET RECOVERY PHRASE ON A CLOUD STORAGE SYSTEM OR OTHER THIRD PARTY SUPPORTED DATA STORAGE, INCLUDING YOUR PERSONAL DEVICE, MAY INCREASE THE RISK OF LOSS OR THEFT, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY APPROVALS OR PERMISSIONS YOU PROVIDE BY CRYPTOGRAPHICALLY SIGNING BLOCKCHAIN MESSAGES OR TRANSACTIONS, ESPECIALLY THOSE RESPONDING TO SOLICITATIONS AND OTHER PROMPTS FROM THIRD PARTIES. WITH RESPECT TO THIRD PARTIES, YOU ARE AWARE THAT SOCIAL ENGINEERING SCAMS LIKE PIG BUTCHERING PERPETRATED BY MALICIOUS THIRD PARTIES IS A RISK AND YOU AGREE THAT YOU AND YOU ALONE ARE RESPONSIBLE FOR TRANSACTIONS OR AGREEMENTS WITH SUCH THIRD PARTIES THAT MAY LEAD TO INJURY. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR VERIFYING THE LEGITIMACY OR SAFETY OR SUITABILITY OF ANY THIRD PARTY APPLICATIONS OR TOKENS THAT YOU MAY INTERACT WITH OR RECEIVE USING OUR SERVICES. YOU ARE AWARE THAT THERE ARE TECHNICAL MEASURES IN CERTAIN SERVICES THAT IMPROVE USER SAFETY, AND YOU ARE SOLELY RESPONSIBLE FOR UNDERSTANDING HOW THEY FUNCTION AND USING THEM AS APPROPRIATE.
  3. YOU FURTHER UNDERSTAND AND ACCEPT THAT DIGITAL ASSETS PRESENT MARKET VOLATILITY RISK, TECHNICAL SOFTWARE RISKS, REGULATORY RISKS, AND CYBERSECURITY RISKS. YOU UNDERSTAND THAT THE COST AND SPEED OF A BLOCKCHAIN-BASED SYSTEM IS VARIABLE, THAT COST MAY INCREASE DRAMATICALLY AT ANY TIME, AND THAT COST AND SPEED IS NOT WITHIN THE CAPABILITY OF HYPERMINT TO CONTROL. YOU UNDERSTAND THAT PROTOCOL UPGRADES MAY INADVERTENTLY CONTAIN BUGS OR SECURITY VULNERABILITIES THAT MAY RESULT IN LOSS OF FUNCTIONALITY AND ULTIMATELY FUNDS.
  4. YOU UNDERSTAND AND ACCEPT THAT HYPERMINT DOES NOT CONTROL ANY BLOCKCHAIN PROTOCOL, NOR DOES HYPERMINT CONTROL ANY SMART CONTRACT THAT IS NOT OTHERWISE OFFERED BY HYPERMINT AS PART OF THE SERVICES AND IS NOT ITSELF A THIRD PARTY SERVICE. YOU UNDERSTAND AND ACCEPT THAT HYPERMINT DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE TRANSITION OF ANY BLOCKCHAIN PROTOCOL FROM PROOF OF WORK TO PROOF OF STAKE CONSENSUS OR THE FUNCTIONING OF ANY PROTOCOL AFTER IT UNDERGOES A TECHNICAL UPGRADE. YOU UNDERSTAND AND ACCEPT THAT HYPERMINT DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR ANY THIRD PARTY SERVICE. YOU AGREE THAT YOU ALONE, AND NOT HYPERMINT, IS RESPONSIBLE FOR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH REGARD TO SUPPORTING ANY BLOCKCHAIN PROTOCO L WHETHER THROUGH TRANSACTION VALIDATION OR OTHERWISE, OR ANY TRANSACTIONS THAT YOU ENGAGE IN WITH ANY THIRD-PARTY-DEVELOPED SMART CONTRACT OR TOKEN, INCLUDING TOKENS THAT WERE CREATED BY A THIRD PARTY FOR THE PURPOSE OF FRAUDULENTLY MISREPRESENTING AFFILIATION WITH ANY BLOCKCHAIN PROJECT. YOU AGREE THAT HYPERMINT IS NOT RESPONSIBLE FOR THE REGULATORY STATUS OR TREATMENT IN ANY JURISDICTION OF ANY DIGITAL ASSETS THAT YOU MAY ACCESS OR TRANSACT WITH USING HYPERMINT SERVICES. YOU EXPRESSLY ASSUME FULL RESPONSIBILITY FOR ALL OF THE RISKS OF ACCESSING AND USING THE SERVICES TO INTERACT WITH BLOCKCHAIN PROTOCOLS.

12. Limitation of Liability 

  1. Neither Hypermint, 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 Hypermint of its Services, save that nothing in this Agreement shall exclude or restrict any liability of Hypermint resulting from:
    1. death or personal injury; 
    2. for fraud, fraudulent misrepresentation or fraudulent misstatement; and/or
    3. any statutory liability not capable of limitation.
  3. Hypermint shall not be liable for loss of profits, loss of opportunity, loss of business, loss of savings, loss of goodwill, loss of Cryptocurrency, claims by third parties, loss of anticipated savings (whether direct or indirect) or for any type of special, direct, indirect or consequential loss howsoever caused, even if caused by Hypermint’s negligence and/or breach of contract and even if such loss was reasonably foreseeable or Hypermint had been advised of the possibility of such loss. 
  4. Hypermint disclaims all liability associated with the use of Cryptocurrencies, including:
    1. unknown inherent technical defects;
    2. regulatory or legislative changes; and
    3. currency fluctuation.
  6. Hypermint 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 Hypermint.
  7. 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.
  8. 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 Hypermint Services and Interface.

13. Warranties and representations

  1. By agreeing to this Agreement, you represent, warrant and undertake to us that:
    1. you have full power and authority to enter into this Agreement;
    2. you understand and acknowledge that we do not warrant that any of the Services are suitable or appropriate for your needs and that you must take your own independent legal and other advice on such Services;
    3. you are entering into this Agreement as principal and not on behalf of any third party;
    4. you will not violate any applicable laws by entering into this Agreement or receiving the Services provided under it;
    5. you will not facilitate any viruses, malware, worms, trojan horses or some other computer programming routines that may damage, corrupt, disrupt, misuse or gain unauthorised access to any data, system information or Hypermint services;
    6. funds or Cryptocurrencies transferred to your MoonPay Account have been acquired lawfully;
    7. you will not use an anonymizing proxy, or any other automatic devices, spider or manual processes to copy or monitor our websites without our prior written permission;
    8. you will not harass and/or threaten our employees, agents, or other users;
    9. 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;
    10. any information provided by you to Hypermint under this Agreement is true, complete, accurate, up to date and not misleading; and
    11. you shall provide all assistance reasonably requested by Hypermint to enable Hypermint to comply with its obligations under this Agreement.
  3. The Hypermint Services are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the Hypermint 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 Interface, any of the Hypermint Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
  4. Hypermint makes no representation or warranty that the Services are applicable or appropriate for use by you and it is your responsibility to ensure you comply with any applicable laws.

14. Right of withdrawal

  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.
  2. If you exercise your right of withdrawal, this Agreement will be terminated at no cost to you.

15. Protection

  1. The Services provided to you by Hypermint are not regulated and you have no recourse to the Financial Services and Pension Ombudsman. 

16. Term

  1. This Agreement will commence in the manner set out in section 1 and will continue unless either party notifies the other of termination, in writing, in accordance with this Agreement.
  2. This Agreement can be terminated immediately by the Customer providing written notice to Hypermint.
  3. This Agreement can be terminated by Hypermint in accordance with all the provisions of this Agreement.

17. Changing These Terms

  1. We may change these terms at any time for any reason, including (without limitation):  
    1. to comply with or reflect a change in applicable law or a decision by a relevant ombudsman or regulator; 
    2. to make them more favourable to you or to correct a mistake or oversight (provided that any correction would not be detrimental to your rights); 
    3. to provide for the introduction of new systems, Services, procedures, processes and/or products or to incorporate such changes in technology as we deem necessary (provided in each case any change would not be detrimental to your rights); or 
    4. to remove an existing Service, provided we have given you appropriate notice of its removal in accordance with this Agreement.  
  3. We will endeavour to provide notice of any amendment to you in advance by emailing it to you, indicating when the revised Agreement will become 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. 
  4. Whether we have provided email notice of such amendment in advance to you or not, we will notify you of any changes to this Agreement on your first use of the Hypermint Services after any amendment. You will be deemed to have accepted the changes if you continue to use the Hypermint Services. 
  5. If you do not accept the changes, you should terminate the Agreement and cease using the Hypermint Services. 
  6. An up to date copy of these terms is always available on our Website.

18. Security

  1. You will be provided with security details from us which will be needed to access your Account. You must keep all security details (including usernames and passwords) private and not share such details with any third party.  
  2. You must monitor your Account and read all messages that have been sent to you related to your Account.  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 notify us immediately and you agree to change your password immediately if necessary.  
  3. We will never ask you to share your password with us or any third party and you must never disclose your password to anybody. It is advised that in order to keep your Account safe, you change your password regularly. 
  4. You must also ensure that your registered email account(s) are secure and can only be accessed by you, as your email address(es) may be used in the process of resetting passwords or we may send communications to your email account(s) regarding the security of your Account. In case any of the email addresses registered with your Account are compromised, you should immediately contact us. 

19. Force majeure

Except as set out otherwise, we will be not liable for any loss caused directly or indirectly from circumstances not within our control, including but not limited to acts of God, government restrictions, exchange or market rulings, actions affecting securities, clearing or commodity exchanges including suspensions of trading or extensions of trading hours, dealing cut-off times and holidays, acts of civil or military authority, national emergencies, natural disasters, wars, riots or acts of terrorism, industrial disputes, acts or regulations of any governmental or supranational bodies and authorities or the failure or malfunction of any telecommunication or computer service.

20. Notices

  1. All notices and communications pursuant or in connection with this Agreement:
    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);
    2. Must be delivered and/or sent to us to one of the following addresses:

Mailing Address: 4th Floor, One Molesworth Street, Dublin 2, Ireland, 

or Email address: [email protected],

or at another address as we may from time to time notify you; and

  1. Will be delivered or sent to you at the email address or postal address that you have provided to us in connection with this Agreement.
  2. The parties acknowledge that any notice or other communication will be deemed to be given as follows :
    1. If delivered by hand, 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;
    2. If sent by post to and from a place within the United Kingdom, at the start of the second Business Day after it was put in the post;
    3. If sent by post to or from a place outside the United Kingdom, at the start of the fifth Business Day after it was put in the post; or
    4. If sent by email, at the time and on the date of transmission if transmitted during normal office hours (09:00-17:30) on a Business Day (local time at the place of receipt) and, in any other case, at the start of the Business Day following the date of transmission. 
  4. This section will not apply to the service of any legal proceedings or other documents in any legal action by the parties. Hypermint will not accept service of proceedings or any legal action by email from you or any third party. 
  5. We may (where allowed to do so by law) communicate with you by posting information in your Account or on the Interface, in which case the information will be treated as received by you when it is posted by us.
  6. If you have any feedback or questions contact us via our Customer support email address at [email protected]. Please provide your name, email address, and any other information we may need to identify you. 
  7. For any complaint relating to the Services, please contact [email protected]. Should we receive a complaint from you, we will carry out an independent investigation of your complaint and will provide you with a written response. We will aim to respond to you within thirty (30) days of receipt of your written complaint with our final response.

21. General

  1. You must comply with all applicable laws, regulations, licensing requirements and third party rights in your use of the Services.
  2. We grant you a limited, non-exclusive, non-transferable licence, subject to the terms of this Agreement, to access and use the Interface, 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 Interface or Content is expressly prohibited and all other right, title, and interest in the Interface or Content is exclusively the property of Hypermint and its licensors. You agree not to copy, transmit, distribute, sell, licence, 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.
  3. "Hypermint", “MoonPay”, moonpay.com and all logos related to the Hypermint Services or displayed on the Interface are trademarks or registered marks of Hypermint 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.
  4. Your use of the Services and the Interface is subject to international export controls and economic sanctions requirements. By using the Services to send, buy, or sell Cryptocurrencies, you agree that you will comply with those requirements. You are not permitted to acquire Cryptocurrency or use any of the Services through the Interface if:
    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
    2. you intend to supply any acquired or stored Cryptocurrency or Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
  6. Copies of the most up-to-date version of the Agreement will be made available on the Interface at all times and will be provided to you by email on request.
  7. Proper functioning of the Interface is dependent on your use of the most recent and updated version of your web browser or mobile operating system. You agree to keep your web browser and/or mobile operating system updated at all times when using the Interface.
  8. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or Hypermint to be treated as partners or joint ventures, or either you or Hypermint to be treated as the agent of the other.
  9. 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 Hypermint.
  10. You are responsible for keeping your contact information, including your email address, up to date in order to receive any notices or alerts that we may send you.
  11. This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and Hypermint 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 Hypermint.
  12. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
  13. This Agreement is personal to you and you cannot transfer or assign your rights, licences, interests and/or obligations to anyone else. We may transfer or assign our rights licences, 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 Hypermint, provided that this transfer or assignment does not materially impact the quality of the Hypermint Services you receive. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
  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.
  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.
  16. This Agreement and any information or notifications that you or we are to provide should be in Englis, unless applicable law states otherwise.
  17. We may make this Agreement available to you in languages other than English. In the event of any conflicts between the English version and any other language, in all cases, the English version shall control.
  18. In the event that Hypermint 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. 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, Hypermint Account cancellation, debts owed to Hypermint, general use of the Interface, disputes with Hypermint, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.
  20. This Agreement will be governed by, and construed in accordance with, Irish law and, subject to any overriding legal requirements, the courts of Ireland will have non-exclusive jurisdiction to settle any disputes. This Agreement and any information or notifications that you or we are to provide will be in English.