Terms of Service
DISCLAIMER: PLEASE READ THIS INFO CAREFULLY BEFORE USING OUR SERVICES
This Disclaimer provides important information in relation to your interactions with the Services and your Account, provided to you by 0xpay. Please read this Disclaimer carefully and use it for your reference and consideration.
Please note that Terms of Service stipulated in this document may apply differently in regards to different Services and transactions. Any terms applying to specific services and transactions not referred to in these Terms of Service must not overwrite or otherwise prevail over the provisions of these Terms and shall be applied in addition to them.
Before engaging with any actions related to the use of our Services and Products, please consider the risks of conducting transactions and dealings with Virtual Currencies. The Risk Statement disclosing the risks associated with the use of Virtual Currencies is available as an Annex to these Terms of Service.
0xpay is not a financial, tax, or legal advisor and shall not be perceived as such. Any information and statement mentioned in our legal documents, including these Terms of Service, as well as on our website, digital goods, applications and other forms of media containing such information should not be used as professional financial, tax or legal advice. Before engaging with our Services and Site, it is strongly recommended to consult the professional advisors in the relevant fields in order to be fully aware of the risks, benefits, and nature of the relationship with us.
We reserve the right to change these Terms of Service and other applicable terms in the future. Any alterations and amendments will be published on our website. Before entering in a contractual relationship with us or executing any further transactions, you should get acquainted with the latest version of these Terms of Service first.
If you have any questions or inquiries about this documents, please contact us on Telegram or by writing an e-mail at support@0xpay.app.
These Terms apply as a contract between 0xpay, (also referred to in these Terms as “we”, “our” or “us”) and the Customer (also referred to as “you” or “your”).
By creating an account, you confirm that you have reached the legal age in your country of residence and therefore are legally capable of entering into agreements and be bound by its terms. You further acknowledge and agree to be legally bound by terms and conditions laid down in these Terms in their entirety.
You understand and affirm that by logging into your account shall constitute your agreement with these Terms and other applicable agreements between you and 0xpay. The same applies to any event in which the said Terms have been amended and you have logged into your account without expressing prior written notice of non-agreement to the new version of these Terms. You further acknowledge that we have a right to reaffirm your acceptance of these Terms from time to time, as we introduce amendments and that your acceptance shall be a prerequisite to further access and use of our Services. Please note that any transactions or orders placed with 0xpay exchange after entering into force of the updated provisions of these Terms may be subject to the said amendments. If you disagree to these Terms, you should discontinue the use of our Services and close your account in accordance with the provisions of these Terms.
In order to use our Services, you must submit all the necessary information and documents in accordance with our Compliance Clearance procedure pursuant to the Applicable Law on Prevention of Money Laundering and Terrorist Financing. In addition, you must meet eligibility criteria to use our Services.
Before engaging with and using our Services, you must ensure you have read these Terms in full, including all the important legal terms, such as disclaimer of liability, disclaimer of warranties, indemnifications, rules applicable to dispute resolution and risk disclosure.
If you have any questions regarding the use of our Services, these Terms, or any other inquiry, submission of feedback or complaints, please contact us on Telegram or at support@0xpay.app.
1. ELIGIBILITY
Availability of our Services depend on a number of factors determining your eligibility to engage with the said Services. 0xpay may refrain from providing the Services in certain locations and jurisdictions: the information about such locations and jurisdictions is available on our website.
In order to be deemed eligible to use and engage with our Services, you must warrant that:
You have reached the legal age in your country of residence and therefore are legally capable of entering into agreements and be bound by its terms;
You have never been suspended or otherwise restricted from using our Services;
Entering into a binding agreement with us does not contradict or breach any other contractual terms by which you are legally bound;
You are not located and/or residing in any of the restricted locations and jurisdictions;
You are not identified as an individual that is officially classified as a Specially Designated National and Blocked Person (the “SDN”), or is affiliated with companies, groups and entities classified as the SDN, or otherwise represent such natural or legal person;
You are not subject to any international sanctions, including the EU and United Nations sanctions, or affiliated with companies, groups and entities subject to international sanctions, or otherwise represent such natural or legal person.
Eligibility of an individual intending to use the Services of behalf of a legal entity is determined by meeting the following requirements:
Your organization is incorporated with all due diligence of the company formation and incorporation in the country of its legal location;
Your organization conducts its activities in accordance with the applicable laws and regulations;
You have been legally authorised to represent your organization and otherwise enter into legally binding agreements on its behalf;
Your organization has not been associated with, affiliated with or otherwise identified as the SDN;
Your organization is not subject to any international sanctions, including the EU and United Nations sanctions, or affiliated with companies, groups and entities subject to international sanctions, or otherwise represent such natural or legal persons;
Your organization does not fall under the definition of Prohibited Businesses as stated in Annex 2 to these Terms and does not represent nor conducts its business activities in any of the fields laid down in Annex 2.
We reserve the right to evaluate your eligibility to access and use our Services at any moment by assessing your compliance with the eligibility criteria listed above. In the case of amendment, alteration, or extension of eligibility criteria, we may review your eligibility accordingly. 0xpay may require you to provide proof of eligibility, if necessary. Any decision, including the initial and ongoing evaluations, reviews and assessments of your eligibility, shall be final.
2. OUR SERVICES
0xpay is performing Virtual Currency and Fiat Processing activities on the basis of the active and valid crypto-currency authorization, and is therefore authorized to provide the following services:
Virtual Currency wallet service, including storage of the Virtual Currency funds and issuing of encrypted user keys;
Virtual Currency to Fiat Currency exchange;
Fiat Currency to Virtual Currency exchange;
Virtual Currency to Virtual Currency exchange.
2.1. Virtual Currency Processing
Virtual Currency Processing services (the “Processor”) enable you to send and accept payments in Virtual Currencies via the use of your Account.
2.2. Virtual Currency Exchange
Virtual Currency Exchange (the “Exchange”) enables you to execute purchases and sales of Virtual Currencies at prices and rates indicated by the Exchange via the use of your Account. You may opt to purchase Virtual Currency with Fiat Currency, and vice versa. Respectively, you may also opt to sell your Virtual Currency and receive Fiat Currency, and vice versa.
We may impose limitations on the availability of our Exchange services for certain Virtual Currencies and Fiat Currencies, depending on the amount of reserves left for Exchange and technical factors that cannot be under our control. By creating a request for Exchange, you understand and confirm that such request might not be fulfilled.
2.2. Account Creation and Types
Registration of a Personal Account is a prerequisite to using any of our Services. Upon the registration, you will be asked to provide your details, such as your name and e-mail address, as well as to submit a password and agree to these Terms of Service. By accepting these Terms, you acknowledge and confirm that you are acting on your behalf and opening an Account for yourself only. Alternatively, you may opt to sign in via your Google account, the option for which shall be made available to you on both signup and sign-in pages. In an event of opening of an Account by a third party acting on your behalf, such as your representative, you acknowledge that we may require you to present the respective proof of authorisation granted to the said party to act on your behalf, such as a Power of Attorney or other proof of authorisation.
Please note that appointing a third party to act on your behalf and expressing explicit permission for them to perform actions including, but not limited to, registering an Account, does not waive any liability off you as a subject to these Terms. Any action performed by such a third party shall be considered authorized by you and therefore being performed in accordance with your direct and indirect instruction. By accepting these Terms, you acknowledge that you retain full responsibility for the instructions given to any third party authorized to act on your behalf and any act and omission arising from the said instructions thereof. You further confirm that we are not liable for any such act or omission. You may alter or recall authorisation granted to a third party by submitting a written notice to us via e-mail: support@0xpay.app.
Only users (including both natural and legal persons) with a fully registered Account that passed our Compliance Clearance are deemed 0xpay customers. One person may create and use only one Personal Account. Any duplicate Accounts associated with your data already submitted to another Account will be suspended.
Compliance Clearance requires us to inquire and receive additional information from you. Please note that some of such inquired information may be considered personal data as per the European General Data Protection Regulation (the “GDPR”). Please read the next section carefully to understand the degree of information we demand to conduct the Compliance Clearance of our customers. To read more about how we treat your personal information and your rights associated with personal data you entrust us with, please read our Privacy Policy.
2.2.1. Personal Account
0xpay supports two types of accounts: Personal and Merchant. To start utilizing our Services and the applicable functionality, you need to create a Personal Account. An Account can be created here. After the Account creation, 0xpay will generate and provide you with Virtual Currency addresses in respective Supported Networks. Personal Account allows you to use the generated addresses to send and receive Virtual Currency, as well as utilize the functions of Virtual Currency to Fiat Currency, Fiat Currency to Virtual Currency, and Virtual Currency to Virtual Currency exchange and the use of the custodial Wallet.
Please note that in order to send and receive Virtual Currency funds, you should have a functional wallet and address on the corresponding Virtual Currency Network. You may, at your own discretion and risk, send and receive Virtual Currency funds to addresses generated by third-party Virtual Currency wallets. At the same time, you may utilize the Services and functionality of our 0xpay Processor that generates Virtual Currency addresses on multiple Supported Networks and allows you to store Virtual Currency funds on a designated custodial Wallet.
2.2.2. Merchant Account
In order to integrate API and start accepting payments for goods and services offered online, you need to create a Merchant Account. Registration of a Personal Account is a prerequisite to create a Merchant Account. The process of the Merchant Account creation is available on our Website here.
For the purposes of these Terms, a Merchant Account shall be distinguished from a Merchant. “Merchant Account” shall be referred to an Account type required to perform actions related to processing activities and integrating Merchant API. “Merchant”, on the other hand, shall mean a legal entity, such as a company offering its goods and/or services via online medium, such as a website, application or a platform, but overall via Internet.
Upon creating a Merchant Account, you will be asked to provide the following details in the respective fields:
Merchant name: may be completed with a descriptive or unofficial name of your business, such as the online shop name.
Company name: must be completed with a formal company name as stated in the Articles of Association.
Domain: used to verify your website. Information entered into the Domain field cannot be changed later, so you must exercise caution and pay attention when entering your Merchant’s URL.
Email for notifications: used to notify you about your Merchant's activities: replenishments, withdrawal transactions.
You may create and manage one or multiple Merchants on one Merchant Account.
After filling in all the required information listed above, you should configure your Merchant in accordance with guidelines provided here. Configuration process includes the setup of Payment Methods, API Keys and Notification. Successful configuration of a Merchant allows you to send and receive Virtual Currency payments. Information about features and overall workflow of processing incoming and outgoing Virtual Currency payments via 0xpay is available here.
2.3. Transaction Fees
Transaction Fee is a fee paid over any incoming or outgoing transaction of a Virtual Currency as an additional value. We never conceal or otherwise hide our Transaction Fees from you: you will see the applicable fee next to the payment value.
Transaction Fees are fixed-rate. Before using our Services for incoming and outgoing payments, ensure you have reviewed our current Transaction Fees on our Website here.
2.4. Processing Speed
Virtual Currency withdrawals shall be processed at the speed of applicable Virtual Currency network. Please note that any delay or interruption in regards to the speed, maintenance, and operational state of any Virtual Currency network lies outside of our control and we shall not be liable for any disruption or delay thereof.
You may, however, turn to our information guide about the average number of confirmations on each Supported Network required for the funds to be added to your Merchant’s balance.
2.5. The Wallet
2.5.1. General
0xpay allows you to store your Virtual Currency funds. By generating a set of encrypted keys, one public and one private, for your disposal, 0xpay allows Personal and Merchant Account users to utilize the functionality of our Processor as a wallet (the “Wallet”). Encrypted keys may be used for receiving and sending Virtual Currency funds via the relevant network.
You agree and acknowledge that your use of our Wallet should be limited in regards to the certain Virtual Currencies supported by the Wallet. We shall not be liable for any attempt or event to store any unsupported Virtual Currency in your Wallet, deliberately or accidentally, and consequences arising from an act thereof. Before sending any Virtual Currency funds to the Wallet for storage, you should ensure that our Wallet currently supports this Virtual Currency. You may do so on our Site here.
You further acknowledge that secure disposal and storage of your credentials is your sole responsibility. You must ensure availability of a backup of all your data in regards to the Wallet, including but not limited to Wallet credentials, passphrases, identifiers, public keys, and network addresses. We shall not be responsible nor liable for storing the said data and shall not be responsible for providing you the copy of the said data in an event of deliberate or accidental deletion, disposal, or loss of data in question. You further understand that failure to store a backup of data in question may result in an inability to access and/or use your Wallet and Virtual Currencies stored in it, including in an event of discontinuation or termination of certain Services.
2.5.2. Wallet Risk Disclaimer
Completion of any Virtual Currency transaction is performed by recording a transaction in a relevant Virtual Currency ledger, therefore confirming it in a relevant network. These networks are decentralized and peer-to-peer in nature and are maintained and controlled entirely by third parties not associated with 0xpay. Therefore, we are not responsible for any confirmation of any transaction in regards to Virtual Currency networks you use, as we exercise no control over them. It is your sole responsibility to be aware of the relevant developments in regards to any Virtual Currency network and conduct research before placing a transaction associated with any given network.
You further acknowledge that your transactions may be delayed, or not be completed, in connection with the above-mentioned reasons. In addition, you acknowledge that for the same reasons, your transaction may not be reversed, cancelled, or modified once it has been placed with the relevant Virtual Currency network.
The above-mentioned disclaimer of risk and reasons thereof apply to the similar extent to any event of a fork or other network disruption. You understand that any such event, including forks, may lead to interruptions, delays and partial or incorrect completions of transactions as well as that the responsibility for any consequences thereof shall lie with third parties in direct control of the relevant Virtual Currency network.
2.5.3. Password Retrieval
0xpay shall not be liable for not be obliged to assist you in retrieving, storing or providing copies of any Account passwords, API keys, network addresses or transaction history. You are solely responsible for secure storage of your Account credentials, passwords, API keys, passphrases, identifiers, and network addresses. You further acknowledge that failure to ensure secure storage of the above-mentioned data may result in an inability to access and use your Account as well as its retrieval by unauthorized third parties.
You must ensure that a password created for your Account is of sufficient complexity and length and consists of a variety of characters, including letters, numbers and special characters, to mitigate the possibility of a password breach. Additionally, you must review your storage and security measures regularly to ensure safe storage of your data, including passwords, backup phrases and identifiers. Any suspicious activity related to the use of your Account must be forwarded to us immediately.
2.6. Account Closure
You have a right to close your Account at any time. Upon closure, you will be provided with instructions on transferring your Fiat and Virtual Currency funds available on your Account to other accounts under your control.
Please note that closing an Account may bear additional costs, including fees, expenses and charges, for transferring your remaining Fiat or Virtual Currency funds out of the Account you are closing. You shall be solely responsible for handling the said costs and expenses. You further acknowledge that closing an Account on your own accord does not invalidate and/or annual the validity of any provisions of these Terms to which you were a subject prior to Account closure.
3. ANTI-MONEY LAUNDERING AND TERRORISM FINANCING COMPLIANCE
3.1. Compliance Clearance
Compliance Clearance is a procedure undertaken by our compliance team to ensure our customers' background and eligibility for opening an Account with us in accordance with the requirements and provision of the Law on Prevention of Money Laundering and Terrorist Financing Prevention (“AML/CTF Law”). 0xpay ensures the Compliance Clearance procedures to be undertaken for all users registering an Account in accordance with due diligence measures prescribed by AML/CTF Law.
Before being granted access to your Account, including access to your use of our Services, respectively, you should complete the verification procedures necessary to ensure Compliance Clearance. Our Compliance Team will evaluate the information you submit in accordance with their instructions and inquiries to assess it on the basis of the applicable legal requirements and policies. To provide quality assessment of our perspective customers' background information and ensure decision-making in accordance with the legal requirements in force, we ensure that the said assessment is performed by the professionals who have obtained necessary training and qualifications to undertake the tasks associated with the assessment.
We may request you to provide such information, as you name, date of birth, residential address, telephone number, e-mail address, personal identification code, as well as other information about yourself and/or your business activities, including records of such activities, proof of source and origin of funds, overview of the business structure, estimated turnover, major suppliers and partners, etc. Please note that some of the inquired information may fall under the definition of personal data under the GDPR, therefore we strongly recommend you to read our Privacy Policy to learn of your rights as data subject providing us with your personal information.
By providing us with the information requested to verify your identity for the purposes of Compliance Clearance, you acknowledge and confirm that all the information submitted to us by you in true, accurate and complete, and you have not deliberately concealed or otherwise tampered with or altered information for the purposes of influencing the outcome of our assessment. You further agree that any information that was presented in a false, inaccurate or incomplete state is corrected by presenting additional documents and records correcting the said inadequacies. In an event of change of circumstances influencing the correctness and integrity of submitted information, you agree to notify us of such changes and present information that is up-to-date respectively.
We reserve the right to forward any information submitted to us to the competent authorities of on the basis of AML/CTF Law and other relevant legal requirements, should we have serious grounds to believe that the submitted information is associated with a case of fraud, money laundering, terrorism financing or other financial crime acts. We may further disclose such information to the competent authorities to receive their evaluation, should we be unable to conclude with full certainty the user's affiliation with any of the above-mentioned acts.
3.2. Enhanced Compliance Due Diligence
Enhanced Compliance Due Diligence is applied to those users, whose risk profile has been effectively determined as high and the information already provided by you not be sufficient to finalize Compliance Clearance. Therefore, we may require you to provide additional information about yourself and/or your business as well as organize meetings to further verify your identity and the nature of your business activities.
In addition, we apply Enhanced Compliance Due Diligence in case you decide to increase your transaction limits.
4. BREACH OF AGREEMENT
4.1. Prohibited Use
The following section describes practices that are prohibited on 0xpay and therefore are taken into account when assessing an event of a Breach of these Terms and determining applicable Sanctions and Remedies. The followings acts and omissions are considered strictly prohibited on 0xpay in regards to all our Services:
Unlawful activity, meaning any activity that violates any law, regulation, legal act, or other legal instrument adopted in the countries of 0xpay legislation;
Unlicensed and unauthorised gambling, or using our Exchange and Services to conduct and participate in such unlicensed activities, as lotteries, games of change, bidding fee auctions, sports bidding, sweepstakes and other activities falling under the definition of gambling.
Fraud and other acts of fraudulent nature: this includes any act or attempt to commit such an act thereof that would inevitably deceive or trick any user, customer, or 0xpay in regards to any Virtual Currency transaction;
Market Manipulation, or any transaction processed for the purposes of disrupting a regular working operation of the Virtual Currency market and causing inadequate volatility of Virtual Currency prices against their fair market value. This includes committing an act of Market Manipulation as well as engaging other parties in making any transaction for the purposes of Market Manipulation;
Acts detrimental to Cybersecurity, including introducing automated means of interface not authorised and developed by us, imposing unreasonably large amounts of data in an attempt to overload, interfere with, intercept, or cause malfunction and failure of our hard- and software and systems; attempts to gain access to a Customer's account without their authorization or knowledge; accessing and tampering with any Service that you are not authorized to access; infiltrating any malware or malicious code or software, such as viruses, Trojan, worms, developing and distributing third-party applications engaging with of our object and/or source code and our Services, and other relevant acts falling under the subject matter of Applicable Law on Cyber Security;
Intellectual Property Infringement, including involvement in any use of transactions with the subjects of 0xpay's intellectual property, such as those subject to copyrights, trademark, trade secret, without prior consent and authorization by 0xpay and in a manner that constitutes an infringement or violation of any intellectual property law or regulation of the country of 0xpay legislation;
Intimidation and Coordination, including such activities as coordinating prices, Trades, or trade reports with any third party; inquiring any third party to alter a price; engaging in any manner with other third parties and/or market participants in an attempt and for the purposes of disrupt, coerce, intimidate, manipulate or otherwise tamper with another market participant's activities on the market.
The above-mentioned provisions shall apply to 0xpay Services at all times without exception.
0xpay reserves the right to refrain from providing services and terminate any relation immediately and without further notice with businesses falling under the definition of a Prohibited Business as provided in Annex 2 to these Terms. Please read Annex 2 carefully before applying for an Account.
4.2. Account Suspension and Termination
0xpay may decide to suspend, restrict or terminate your Account and limit your access to our Services in any event that falls under any of the following reasons (the list of which is non-exhaustive):
We believe that your acts may be damaging to or have resulted in consequences detrimental to our reputation;
We are required to do so by a regulatory authority, court order, law enforcement order or the act of any other competent authority;
We have reasonable grounds to suspect you in breaching these Terms or other applicable agreement;
We have reasonable grounds to believe a transaction or an order to be erroneous;
We suspect unauthorized and/or fraudulent access to your Account, or believe that your login credentials have been used to gain access to your Account without your consent and/or knowledge;
We believe the security of your Account has been compromised;
We have reasonable grounds to suspect money laundering, terrorist financing, fraud or other financial crime;
Your Account is a subject to any ongoing/pending litigation, investigation and/or legal proceedings;
Your Account is a believed to be a subject to potential non-compliance and heightened risks in regards to the regulatory norms and requirements;
You have performed activities with the use of your Account that fall under any of the Prohibited Use activities as stated in Section 4.1, or your Account has been engaged in any Prohibited Businesses.
In an event of Account suspension or termination, the provision of processing Services will be placed on hold, cancelled or reversed. In addition, we reserve the right to deactivate your account taking effect immediately for any of the above-mentioned reasons.
0xpay will issue the reasons specifying the reasons leading to a decision to suspend, restrict or terminate your Account and, where appropriate, instructions on how to effectively correct or amend erroneous information or submit missing information and documents.
We reserve the right to suspend, restrict, or terminate your Account and restrict your access to and use of any of our Services without specifying reasons by giving you a one-month notice, unless a shorter notice period is required in accordance with the order issued by the regulatory body or other relevant competent authorities. You further acknowledge that non-disclosure of reasons for a suspension or termination decision may be based on internal confidential criteria that are classified as such for the purposes of maintaining security and ensuring compliance with the relevant legal requirements associated with risk mitigation and due diligence procedures. We refrain from disclosing such criteria to any unauthorized third party under any circumstances.
5. LIABILITY
All events of our indemnification, warranty, limitations of losses and limitations of liability are hereby excluded as per the applicable law to the fullest permitted extent, if not specified otherwise herein. Neither these Terms, nor other 0xpay agreement shall by any means exclude or limit liability which may not be limited or excluded under relevant law.
5.1. Release
You acknowledge and agree that if you wish to raise a dispute with any 0xpay user, neither we nor any of our partners, affiliates, service providers, officers, director, employees, representatives and other parties and persons affiliated with us shall be liable in any manner for claims, losses, actions, demands, costs, expenses and damages associated with and resulting from said disputes. Any dispute of such nature shall be settled with user or users whom it may concern notwithstanding any affiliation with our above-mentioned affiliates and us.
5.2. Indemnification
You agree to indemnify and hold harmless 0xpay as well as any of our partners, affiliates, service providers, officers, directors, employees, representatives and other parties and persons affiliated with us from any and all claims, losses, actions, demands, costs, expenses and damages resulting from the use of your Account by you or any other third party in regards to:
use of our Site and Services;
breaches and violations of these Terms and other 0xpay agreements;
feedback, comments or submissions provided by you;
erroneous, false, incomplete, or misleading information provided to us for the purposes of identity verification and source of funds;
violation of laws and regulations, or rights of any third party.
5.3. Disclaimer of Warranties
0xpay Services and Site are provided to you on a “as is” and “as available” basis, no promises, representations and warranties given in regards to the said basis, whether express, implied or statutory. We do not give any warranties of title, merchantability, data accuracy, system integration, quiet enjoyment, fitness for a particular purpose and/or non-infringement. We do not make any promises, representations and warranties that access to our Services and Site shall be continuous, uninterrupted, timely, or error-free.
We shall publish and make available any information, materials, views, opinions, projections or estimates for the informative purposes only, and the said purpose is subject to change without prior notice. Any decision. act, or omission thereof undertaken by you shall be made on the basis of your own assessment of relevance, timeliness, accuracy, adequacy, completeness, reliability and value of information, materials, views, opinions, projections or estimated provided to you on the Site and via our Services. Subsequently, we shall hold no liability over any damage or loss arising directly or indirectly as a result of your use of any information, materials, views, opinions, projections or estimates provided to you on the Site and via our Services.
None of our Services and information provided on our Site shall be perceived as investment, financial, regulatory, tax or legal advice and you should seek any of the said advice at your own discretion and independently from the professionals with relevant qualifications and/ or licenses. Any decision in regards to the use of our Site and Services made without the aid of the relevant advisor shall be your own responsibility.
Furthermore, we make no promises, representations and warranties in regards to the amount of time required to process transactions involving Virtual Currency wallets, bank accounts, credit and debit cards, and electronic money wallets as factors affecting the timeliness and processing of such transactions lie outside of the scope of our direct control. Therefore, even though we direct our best effort to ensure the timely execution of transactions, we do not guarantee nor warrant any periods related to the execution of transactions via the above-mentioned means.
You agree and acknowledge that any statement relied upon by you in regards to the above-mentioned notions is derived directly from the provisions of these Terms, unless explicitly specified otherwise.
5.4. Disclaimer of Liability
In no event and under no circumstances shall 0xpay, its affiliates, service providers, officers, directors, employees, representatives and other parties and persons affiliated with is be liable in any form or manner, in contract, tort, negligence, strict liability, or otherwise for any punitive, special, indirect, consequential, incidental, or similar damages, even in an event of prior notification of such a possibility arising thereof, in connection with these Terms of Services or any other agreement, your use, including attempted use, of our Site, Services, information, materials, views, opinions, projections or estimates provided by us, except to the extent stipulated by law.
Moreover, in no event and under no circumstances shall 0xpay, its affiliates, service providers, officers, directors, employees, representatives and other parties and persons affiliated with is be liable in any form or manner, in contract, tort, negligence, strict liability, or otherwise for any direct damages, even in an event of prior notification of such a possibility arising thereof, in connection with these Terms of Services or any other agreement, your use, including attempted use, of our Site, Services, information, materials, views, opinions, projections or estimates provided by us, except to the extent stipulated by law.
You fully acknowledge and agree that you may not recover for lost or unrealized profits, business opportunities, unintended and unforeseeable financial losses and other punitive, special, indirect, consequential or incidental damages.
In no event and under no circumstances shall we be obliged to award you any count of virtual currency as compensation for damages, nor shall we be required to offer it to you as a remedy.
Moreover, this limitation of liability concerns and applies to, in conjunction the above-mentioned statements herein, to damages, interruptions, and errors caused by computer viruses, malicious software, spyware, scamware, Trojan horses, worms, or any other malicious software or malware that may affect the operational state of your hard- and software and their security. Similarly, we shall not be liable for any phishing, spoofing, domain typosquatting, network forks, replay attacks, double-spend attacks, sybil attacks, 51% attacks, mining difficulties, failure or malfunction of any communication, electronic and mechanical equipment, telephone or other interconnection devices, changes in cryptography or consensus rules, branching of cybersecurity and hacking, and other relevant events, including force-majeure events. Additionally, we shall not be liable for any damages to you arising from the amendments, introductions, entering into force, repealing or otherwise altering legislation, regulations, policies and laws in force at any given time or date.
This disclaimer of liability shall supersede, notwithstanding the validity and conflict of and between any other section, provision or statement of these Terms thereof.
6. PERSONAL DATA PROTECTION
We collect, use, and share your personal information in accordance with our obligations and legal requirements laid down by the European General Data Protection Regulation (the “GDPR”). To learn more about how we collect, use, store, share and transfer your data as well as your rights as a data subject, please visit out Privacy Policy, which shall be incorporated into these Terms and shall be perceived in connection with other provisions of these Terms.
7. SECURITY
7.1. Security Data
You agree and acknowledge that security of your login details and credentials, including but not limited to passwords, private and public keys, identifiers, passphrases, backup data and other relevant data, is your sole responsibility. You must ensure adequate, constant and safe maintenance and control over your security details at all times to prevent unauthorized access and use of your security data, its loss, modification, alteration, theft and breach. You shall implement reasonable means to ensure security of your data, which include but are not limited to the following methods:
Creating passwords of sufficient complexity and character length and storing them in an encrypted, protected manner, such as password managers and external devices;
Preventing misuse, theft and loss of your electronic devices, ensuring that any data related to your Account that is stored on any such device is backed up on external data storage devices and protected by encryption;
Implementing means of two-factor authentication (the “2FA”) and/or biometric authentication;
Preventing and avoiding any remote access to your devices when you are logged on to your Account;
Reviewing and double-checking all transactions and actions required for their execution;
Avoiding disclosure, visibility and transfer of any security data related to your Account, including passwords, keys, identifiers, payment methods, bank account and card details, and other relevant data;
Checking Virtual Currency addresses of intended recipients of your transactions and avoiding transfers of funds to addresses of address owners, the identity of which may not be verified by you to the reasonable degree;
Checking every request to send and/or receive funds, send and/or reveal any security data element or share any information related to your Account that you receive from us or any other third party. Please note that we will never ask you to reveal any of the above-mentioned security data; nor shall we ever ask you to transfer any Virtual or Fiat Currency funds to us in any form or any of our addresses, except in a manner and by means compliant with and permissible by applicable law.
7.2. Reporting Security Breach
If you suspect that your Account or security data have been compromised or breached, or you have become aware of any event involving your Account and/or affecting you and/or us (including cyber-security attacks), you must notify us immediately by writing an e-mail at: support@0xpay.app or on Telegram.
8. COMPLAINTS AND DISPUTE RESOLUTION
8.1. Governing Law
These Terms, your rights and obligations as well as all actions arising out of and related to these Terms shall be governed by the laws of Saint Vincent and the Grenadines, applicable to these Terms in their entirety.
8.2. Complaints Filed with Us
If you have a complaint and wish to resolve a dispute arising out of it, you shall address it with our support team in the first instance before attempting to settle any dispute by means described in the next sub-sections of these Terms. Please note that a competent authority referred to in the next sub-sections may dismiss your action on the basis of your failure to settle dispute by contacting us directly in the first place. You may challenge your complaint by contacting 0xpay Customer Support.
You shall contact our Customer Support by sending an e-mail to support@0xpay.app or on Telegram. In your message, you shall indicate the points of issue, elaborating on details of your claim as precisely as possible, and present evidence supporting your claims in a form of visual (photo/video) and/or audio materials. A Customer Support specialist will respond to your message in a timely manner but no later than within 14 days from the day of the submission of a complaint. The Customer Support specialist shall then provide you with the following remedies:
Supporting your claims and remedies proposed by you and providing their aid in obtaining said remedies;
Rejecting your claim and identifying reasons for rejection;
Proposing alternative remedies for dispute resolution.
In an event of an inability to contact you within the indicated notice period of 14 days, we shall notify you of the reasons for a delay and specifying the deadline by which our Customer Support specialist must contact you. The maximum period allowed for replying to your complaint shall not be longer than 30 days from the day of submitting a claim.
8.3. Alternative Dispute Resolution
You may opt to settle a dispute by alternative dispute resolution means, including mediation and arbitration, if you are unable to settle a dispute with the Customer Support, or you are not satisfied with remedies proposed to you as a result of your prior communication with our Customer Support.
8.3.1. Mediation
Any dispute between the parties relating to or arising from this contract may be submitted to a procedure of mediation conducted by a sole mediator, appointed and proceeding in accordance with the Mediation Rules of this body by the local branch – if any – of the Mediation Centre for Europe, the Mediterranean and the Middle East having its seat in Strasbourg, which Rules are in force at the date of filing of the application for mediation.
In the event of the mediation proceedings not taking place or being unsuccessful, any dispute arising from said relationships between the parties shall be determined in accordance with the Arbitration Rules and the Internal Rules of the European Court of Arbitration – being part of the European Centre of Arbitration having its seat at Strasbourg (in force at the time the application for arbitration is filed), with right to appeal – unless forbidden by the applicable procedural law – including for wrong choice of the substantive law and or for errors of substantive law and errors of fact, by way of rehearing by an appellate arbitral tribunal (if so allowed by the applicable procedural law), of which adoption of this clause constitutes acceptance.
8.3.2. Arbitration
By applying for arbitration proceedings, you agree and acknowledge that you willingly waive your right to resolve any dispute, whether existing or future, through litigation. You may, however, initiate court proceedings in the country of the seat of the arbitration to rule the appointed arbitration award invalid and unenforceable.
The arbitration proceedings will be conducted according to the provisions of the said Terms by a sole arbitrator who will be appointed, if the dispute is domestic, by the local Chapter – if any – of the Court of Arbitration and in the absence of a local Chapter, as well as to all non-domestic disputes, by the Central Registrar in Strasbourg. The language of proceeding shall be English.
The parties undertake to keep, and to cause their Counsel, advisors, managers, employees and agents to keep strictly confidential the dispute, the facts, the documents, the evidence and the award.
The parties agree to conduct and to cause their Counsel to conduct themselves in a manner which limits the duration of the proceedings to nine months, and to avoid the production of documents and the calling of witnesses who are unnecessary or irrelevant, restraining motion practices, avoiding delays, vexatious or repetitive conduct and in general any overlawyering and accepting to pay to the other parties all legal costs caused by a breach of such commitment, even in cause of final success in the dispute.
Each party further undertakes to promptly reimburse the other parties which should pay its share of any advance requested by the European Court of Arbitration or by its local competent Chapter – if any – for the proceedings and to recognise that the other parties shall be entitled to an ex parte summary judgment, or other summary proceedings, against it for such repayment.
The parties request the arbitrator to issue as soon as possible an interim award for the part of a claim or cross claim which is undisputed or manifestly grounded.
8.4. Dispute Resolution in Court
In an event of inability to settle a dispute in any manner described in above-mentioned Sections 9.2—9.3, you have a right to initiate legal action or proceedings in the exclusive jurisdiction and venue of Saint Vincent and the Grenadines. You further agree not to initiate any such legal action or proceedings in any other jurisdiction and before any other court.
9. GENERAL PROVISIONS
9.1. Intellectual Property
All intellectual property rights in regards to materials and content presented in connected with 0xpay is subject to and enjoys protection of applicable intellectual property regulations. Material and content protected by intellectual property rights cannot and shall not be licensed to any third party under any implied license, unless specified otherwise. All materials and content subject to intellectual property rights may be used in a personal, lawful and non-commercial manner only and only in connection with you use of our Services and Site. You agree and acknowledge that any use of our materials and content in any other manner constitutes intellectual property rights infringement and may enable us to initiate appropriate legal action.
You further acknowledge and agree than distribution and sharing of our materials and content on any third party websites, file hostings, and similar services is strictly prohibited. Furthermore, 0xpay prohibits reproduction, display, public performance, distribution and use of our materials and content for any public and commercial purposes. Any copying and sharing of our materials and content shall be done by requesting prior permission from 0xpay and only by obtaining a written notice permitting you to do so. You further agree to retain any watermark, copyright signs and other relevant copyrights and proprietary notices associated with said materials as originally provided. Modification, alteration and selling of our materials and contents is prohibited.
9.2. Access and Availability
Please note that access to and availability of our website may be affected by events outside of our scope of control, such as volatility. In such an event, or any other event effecting access and availability of 0xpay website, you may experience inability to access your Account and our website. 0xpay does not guarantee or warrant flawless and uninterrupted access to and availability of our Services and Site at all times. Even though our customer support aims at providing you with timely and efficient responses within reasonable and adequate periods, be do not warrant nor guarantee the said timeliness. Under no circumstances shall we be liable for any damages arising from the events affecting access and availability of our Services and Site.
9.3. Third Party Services
You may encounter content, links to web pages and services as well as other relevant services and information provided to you by third parties while using our Site and Services. Please note that we shall not be liable for any content provided to you by third parties, nor do we have any control, direct or indirect, over the quality, quantity and subject matter of the said content. In an event of raising concerns over the quality, quantity and/or subject matter of third-party content, you agree to address said concerns to the respective third party and any dispute arising thereof shall be settled without our participation between you and the third party in question.
9.4. Your Compliance with Applicable Law
Your compliance with applicable laws, regulations, licensing requirements and other relevant legislation, including but not limited to personal data protection and laws on anti-money laundering and terrorist financing prevention, are your sole responsibility. 0xpay shall not be liable in any manner or form for the breach of applicable laws and regulations arising from your use of our Services and Site, not shall be held liable for any damages and consequences of the said breaches.
9.5. Amendments
We may adopt changes and amendment to these Terms and other 0xpay agreements to adapt and comply with the recent development in applicable legislation or for other reasons. We will notify you of any changes and amendments to these Terms and other agreements by e-mail and on our Site at least one month in advance. Please note that your acceptance of changes and amendments is deemed valid if you have not objected or otherwise notified us in writing prior to the date of entry into force of said changes and amendments. Within a one-month notice period, you have a right to terminate any agreement immediately and free of charge.
Please note that under certain circumstances, whenever and to whichever extent permissible by law, it may be necessary for changes and amendments to take immediate effect or otherwise enter into force within a period shorter than a one-month notice. In such an event, you shall be notified of the changes and amendments taking effect immediately and be informed of your right to terminate the agreement immediately and discontinue your use of our Services and Site.
Previous versions of these Terms and other agreements shall be made available to you on our Site for your consideration.
9.6. Taxes
0xpay does not provide any tax advice and shall not be perceived as tax advisor. You shall be solely responsible for obtaining professional tax advice from the relevant professionals with respective qualifications and in your own jurisdiction. 0xpay does not control and determine whether and what transactions are subject to applicable taxes in your jurisdiction, as well as the procedures and obligations related to withholding, reporting, and collecting taxes to and with the relevant competent authorities in the country of your tax residence.
9.7. Relationship with Law Enforcement
We may engage in correspondence and communication with law enforcement authorities, including courts, regulators and policymakers. We may initiate such correspondence or communication at our own discretion in connection with your use of our Services, or be required to respond to request, inquiry or order of the above-mentioned law enforcement authorities in accordance with applicable legislation.
9.8. Death of Account Holder
For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will freeze your User Account and during this time, no transactions may be completed until:
Your designated trustee has opened a new Account, as described below, and the entirety of your Account has been transferred to such new Account;
We have received reasonable proof in a verifiable and competent form that allows us to conclude that you have not been, in fact, deceased. If we do not have reasonable proof to ascertain your death, we may engage in inquiries directly or via third parties, to acquire said proof allowing us to conclude that you are deceased.
Upon receipt by us of reasonable proof satisfactory to us that you have died, the trustee you have designated in a valid will or similar testamentary document will be required to open a new Account. If you have not designated a trustee, then we reserve the right to
Treat as your trustee any person entitled to inherit your Account, as determined by us upon receipt and review of the documentation we, in our sole and absolute discretion, deem necessary or appropriate, including (but not limited to) a will, a living trust or a small estate affidavit, or
Require an order designating a trustee from a court having competent jurisdiction over your estate.
If we determine, in our sole and absolute discretion, that there is uncertainty regarding the validity of the trustee designation, we reserve the right to require an order resolving such issue from a court of competent jurisdiction before taking any action relating to your Account.
9.9. Transfer and Assignment
These Terms refer to and are applicable exclusively to you. Any rights, licenses, obligations and interests may not be assigned to or transferred to any other person, natural or legal, at any time or in any part. Any transfer or assignment of our rights, licenses, obligations and interests under these Terms may be done at our own discretion only in an event or under circumstances concerning corporate matters of reorganisation, including but not limited to mergers and acquisitions, given the effect of such reorganisation matter does not result in negative implications for the quality of our Services.
9.10. Relationship of the Parties
For the purposes of these Terms, the relationship between 0xpay and you is of contractual nature only. There Terms shall not be used to arrange, prove or otherwise initiate any partnership, joint venture, agency, consultancy or trusteeship relations between 0xpay and you and any of the above-mentioned relations shall be negotiated on a separate basis and applicable terms notwithstanding the given Terms.
9.11. Force Majeure
You agree and acknowledge that 0xpay shall not be liable for any performance failures, events of downtime, interruptions, unavailability of our Site and Services, as well as other malfunctions and delays resulting from any event or cause occurring regardless of our forecasting and beyond our direct and indirect control, including but not limited to acts of war, natural and nuclear disasters, epidemic and pandemic, acts of military and civil authorities, terrorism, sabotage, strike or other relevant labour dispute, accident, proclamation and enforcement of state of emergency, malfunction of any soft- and hardware, communication lines and means, Internet and network service providers, as well as the implementation of any national, supranational and international sanctions and embargoes..
The Parties shall be released from the performance of the obligations arising from and related to these Terms in part or in full, if this is prevented by force majeure, the Parties being obliged to take all measures to prevent damage to the other Party and ensure the performance of the Agreement as much as possible. The existence of force majeure must be proved by the Party that wishes to refer to the said circumstances as a basis for releasing the liability arising from law and / or provided for in these Terms for non-performance or improper performance of the obligations laid down in these Terms. The following circumstances shall not be deemed force majeure within the meaning of the Agreement: a change in the economic situation of a Party, bad weather, price increase, vacation, bankruptcy, a warning of bankruptcy or securing a claim.
Circumstances of force majeure must be reported immediately in writing to the other Party. In the event of force majeure lasting more than two (2) calendar months, the Parties have the right to withdraw from the Terms.
9.12. Entire Agreement
These Terms as well other 0xpay agreements adopted therein shall comprise and be perceived as entire agreement between 0xpay and You and shall therefore supersede and prevail over any perceptions, discussions, agreements, inducements, or understandings of any kind or nature, whether written or oral.
9.13. Severability
You agree and acknowledge that in an event of any of the provision of these Terms shall be invalid or unenforceable due to the amendments and entering into force of new redactions of the law, regulation, and other legislation of Applicable Law, we shall alter the contents of said provisions to adhere its subject matter, validity and enforceability to applicable law given its latest amendments. Furthermore, the validity and enforceability of other provisions of these Terms shall not be affected.
9.14. Change of Control
You acknowledge that in an event of 0xpay acquisition, merger or transfer to any third party legal entity, your data, including personal data, may be shared with the said third party in regards to the rights arising from any such acquisition, merger or transfer.
9.15. Survival
All provisions that, by nature of applicable law and to the extent permissible by it, survive termination or expiration of these Terms, including but not limited to Account suspension, termination or closure, debts owed to us, general use clauses and provisions, etc., shall remain binding and enforceable after the termination or expiration of these Terms.
9.16. Language
The language of these Terms presented to you in the original form is English. Any translation, including machine-made translations by third party tools and applications as well as versions of these Terms in other languages provided by us or other third parties, shall be made available to you for your understanding and perception and shall not be regarded as accurate interpretation or representation of original provisions. In case of any divergence from or inconsistency with the English language version of these Terms, the English language version shall prevail.
9.17. Governing Law and Jurisdiction
The provision of these Terms as well as the relationship between you and us shall be governed by laws of Saint Vincent and the Grenadines.
10. FEEDBACK AND COMMUNICATION
For any inquiries, questions, feedback, or complaints, please contact us by any of the means provided below:
Contact our Customer Support at: support@0xpay.app or via Telegram;
Contact us via the Live Chat widget available at https://my.0xpay.app/;
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