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User Agreement
UPDATES: March 15, 2024
This User Agreement (the “Agreement”) is between the user and MIXPMT LTD. This Agreement governs your use of the services provided by MixPay. By using any of our services or associated websites (including, without limitation, the technology and the platform integrated therein), APIs and/or any and all related applications (collectively, the “MixPay Site”), you agree that you have read, understood and accepted all the terms and conditions contained in this Agreement, as well as all the terms and conditions of our Privacy Policy which is hereby incorporated by reference and forms as part of this Agreement. You should read this Agreement and Privacy Policy carefully and in their entirety. This Agreement is effective as of the exact date and time at which you start using any of the Services or the MixPay Site.
Unless otherwise stated herein, references to “MixPay ”, “we”, “us” or “our” in this Agreement will refer collectively to MIXPMT LTD., their respective direct and indirect subsidiaries and affiliates and any entities under common control with MixPay. In this Agreement, “you”, “your” or “User” means any person or entity using MixPay Site or our Services and the person with whom MixPay enters into this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement or the Privacy Policy, you must not use or access the MixPay Site or use or access any MixPay products or Services. Any use of or access to the MixPay Site or our Services means you consent to and agree to the terms and conditions of this Agreement and the Privacy Policy . If you do not read and accept this Agreement and our Privacy Policy in their entirety, you should not use or continue using the MixPay Site or our Services.
We do not endorse or recommend any particular virtual currency, digital asset or transaction. No content on the MixPay Site nor communications with our personnel constitutes transaction, purchase or investment advice. You acknowledge and agree that the decision to use our Services and all transaction decisions are made solely by you and we bear no responsibility or liability for the outcome of your decisions.
CAUTION: The risk of loss when using and/or holding virtual currencies can be substantial. Therefore, you should carefully evaluate whether you can bear the risk of using and/or holding virtual currencies and whether it is suitable for you.
You accept and understand that this Agreement may be modified or updated by us from time to time, in our sole discretion.We will provide you with the notice of such changes by posting the revised agreement on our Website and/or providing a copy to you. The amended Agreement will be deemed effective immediately upon posting on the Website. Your continuous use of the Site and/or our Services constitutes your agreement to be bound by the revised agreement. If you do not agree with any such modifications, your sole and exclusive remedy is to terminate your use of the Services and close your account.
Certain Services may be subject to additional terms and conditions specified by us from time to time, and your use of such Services is subject to those additional terms and conditions, which are hereby incorporated into this Agreement by reference.
Unless otherwise instructed, your account will be held in a general multi-client wallet managed and overseen and its accounting procedures or your account may be held in a separate individual wallet if instructed by you and when available as part of our Services.
Eligibility
By accessing or using the MixPay Site or Services, users declare and guarantee that:
- They were not previously suspended or removed from using the MixPay Site or our Services;
- They comply with this User Agreement and Privacy Policy;
Any use of the MixPay Site or our Services by anyone who does not fall in such categories is strictly prohibited and in violation of this Agreement.
Our Services
Ⅰ. Online Payment Platform
1. MixPay acts as a Service provider by creating, hosting, maintaining and providing our Services to you via the Internet.
2. We cannot ensure that a buyer or a seller you are dealing with will actually complete the Virtual Currency Transaction and all the risks of a Virtual Currency Transaction remain with you.
3. We do not guarantee continuous, uninterrupted or secure access to our Services or the MixPay Site and we make no representations or give any warranties regarding the amount of time needed to complete Virtual Currency Transaction process which is dependent upon factors outside of our control.
Ⅱ. Underlying Protocols
1. We do not own, control, operate or maintain the underlying software protocols which govern the operation of virtual currencies supported by us.
2. In general, the underlying protocols are open source software and anyone can use, copy, modify, and distribute them.
3. By using our Services, you acknowledge and agree (i) that we are not responsible for the operation of the underlying protocols and that we make no guarantee of their security, functionality or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules, which may materially affect the value, function, name of the virtual currency and/or our ability to support certain virtual currencies.
4. In the event of a fork in a virtual currency, you agree that we may temporarily suspend our Services (with or without advance notice to you) and that we may, in our sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely.
5. You also agree that if you conduct a Virtual Currency Transaction at the time of a Virtual Currency fork, we will only honor the originally-intended Virtual Currency Transaction that you sent.
6. You acknowledge and agree that we assume absolutely no responsibility or liability whatsoever in respect of an unsupported branch of a forked protocol.
Prohibited Activities
Ⅰ. Prohibited Activities. You agree not to engage in any of the following prohibited activities which may be amended by us from time to time in our sole discretion (“Prohibited Activities”). The specific types of prohibited activities listed below are illustrative, but not exhaustive. By accessing and using the MixPay Site and our Services and opening an Account, you confirm that you will not use your Account, the MixPay Site or our Services to do any of the following:
1. Unlawful Activity. Being an individual or entity sanctioned under sanctions programs administered in the countries where we carry on business, including, but not limited to, European Union law sanction programs and sanctions programs administered by the United Nations (collectively, the “Sanctions Programs”); carry on activity which would violate, or assist in violation of, any law, legislation, statute, ordinance, regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising) or Sanctions Programs, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any illegal material or information; or be in violation of any court order.
2. Unlawful Businesses. Carry on any of the following businesses or activities is strictly prohibited:
(a) Pornography and creation, sale or distribution of other obscene materials (including literature, imagery and other media) and sexually-related sites offering services such as prostitution, escort, pay-per view and adult live chat features;
(b) Unlawful gambling and/or unlawful gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering, lotteries, bidding fee auctions and office pools) with the exception of payments for online gaming transactions that are explicitly authorized by law in the jurisdiction of both the sender and the recipient of the payment;
(c) Fraudulent businesses, sale of counterfeit as well as unauthorized or stolen items, sale of goods or services that are illegally imported or exported;
(d) Marijuana dispensaries and related businesses where it is illegal to carry on such businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; or toxic, flammable, and radioactive materials;
(e) Sale of narcotics or illegal substances, and any equipment designed for making or using such drugs;
(f) Ponzi schemes, pyramid schemes, high risk investment schemes and other businesses that we determine in our sole discretion to be unfair, deceptive or predatory towards consumers;
(g) Any businesses that we believe pose elevated financial risk, legal liability or violate the law.
3. Intellectual Property Infringement: Engage in transactions which violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party), right of publicity or privacy or commit a tort; use of our intellectual property, name, or logo, including use of the MixPay trade or service marks, without express consent from us or in a manner that otherwise harms us or our brand; create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorized user of the MixPay Site or our representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group.
Ⅱ. Our Proprietary Rights. Except for your User Content, the MixPay Site and all materials therein or transferred thereby, including, without limitation, software, technology, code, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Our Content”), and all Intellectual Property Rights (defined below) related thereto, are our exclusive property and our licensors (including other Users who post User Content to the MixPay Site). Except as explicitly provided herein or in any applicable additional terms and conditions, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, modify, reverse, engineer, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of Our Content, without our prior written consent. Use of Our Content for any purpose not explicitly permitted by this Agreement is strictly prohibited.
We reserve the right at all times to monitor, review, retain and/or disclose any information if necessary to satisfy any applicable law, regulation, sanctions programs, legal process, or governmental request. We reserve the right to cancel and/or suspend your Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Activity.
Privacy and Security
Ⅰ. Privacy
1. We respect the privacy of our users and we do not request any information that is unnecessary for the use of our services or to comply with our obligations under applicable law.
2. You acknowledge and accept that we will comply willingly with all legal requests for information from us. We reserve the right to provide information to law enforcement personnel and other third parties to answer inquiries, participate in investigations, respond to legal processes, respond to the order of a court of competent jurisdiction and those exercising the court’s authority, and to protect us and our users.
3. Security. care about the integrity and security of your personal information and we take a number of security measures including storing all Users’ personal information in an encrypted manner. However, we cannot guarantee that unauthorized third parties will not defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information to us at your own risk.
We are not responsible or liable 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 from using the MixPay Site. We advise the regular use of 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 us.
Ⅱ. Suspension, Termination and Remedies
1. Suspension, Termination; other Remedies, etc. Without limiting any other remedies we may have under applicable law, we may, without liability:
(a) refuse to complete or block, cancel or reverse a Virtual Currency Transaction you have authorized, including, without limitation, block funding to or withdrawals from your Account;
(b) suspend, restrict, or terminate your access to your Account and to any or all of our Services (including, but not limited to, the ability to send funds or make withdrawals from your account and/or limit withdrawals);
(c) place a hold on or freeze any virtual currency and/or funds in your Account for any period of time we deem appropriate;
(d) issue statements or warnings to the public or other Users;
(e) contact law enforcement or other relevant authorities and/or disclose information about you and/or your Account and your Account transactions to law enforcement or other relevant authorities;
(f) refuse to provide our services to you, including but not limited to, where:
- You are in breach of this Agreement or we have concerns or reasonably suspect that you are acting in breach of this Agreement.
- We reasonably suspect you of using the MixPay Site or our Services in connection with a Prohibited Activity.
- You are in breach of applicable law, we have concerns or reasonably suspect you are in breach of applicable law or we are, in our reasonable opinion, required to do so by applicable law or any court or other authority to which we are subject in any jurisdiction.
- We have concerns about the security of your Account, that a transaction is erroneous or we suspect your Account or our Services are being used in a fraudulent, illegal, suspicious or unauthorized manner, including, without limitation, for transactions with high volumes.
- We suspect money laundering, terrorist financing, fraud, or any other financial crime.
- Use of your 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 Account activity or you are subject to a court order.
- You have failed to pay our fees or there is insufficient virtual currency or funds in your Account to cover the transaction and (where applicable) associated fees at the time when we receive notification of the transaction.
- You fail to provide us with information we request on a timely basis and/or we have concerns about the information collected about you.
- Our service partners are unable to support your use of our Services.
2. You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no responsibility or liability for your interactions with other Users, or for any other User’s action or inaction.
3. If we suspend or close your Account, or terminate your use of our Services, partially or as a whole, for any reason, we will do our best to notify you of our actions unless a court order or other legal process prohibits us from providing you with such notice. You acknowledge that our decision to take certain actions, including limiting access to, suspending, or closing your Account, may be based on confidential criteria that are essential to our risk management and security protocols. You agree that we are under no obligation to disclose the details of its risk management and security procedures to you.
Refund Policy
1. Completed Transactions. It is the nature of Bitcoin, Litecoin, and the other virtual currencies that we support that all Virtual Currency Transactions are final with no method of refunding, charging back or other recourse for the sender of the virtual currency. As such we are unable to cancel, reverse or provide refunds for any Virtual Currency Transaction made through our Services.
2. Incomplete Transactions/Overages. If your virtual currency was not received and/or confirmed on the relevant virtual currency platform or you sent more virtual currency then you intended to send we may be able to refund you the virtual currency as long as you have promptly notified us in time and such virtual currency is still within our control. To apply for a refund, open a support ticket providing your transaction ID, refund code, and other necessary information. The ticket must be opened with the email address used for the applicable Virtual Currency Transaction. Refunds will be either (in our sole discretion): (a) the original amount of the virtual currency we have received and is still within our control; or (b) an amount equivalent to the USD value at the time of the Virtual Currency Transaction. All refunds must be claimed within 90 days of us receiving your virtual currency or it will incur a daily 0.5% fund management fee after 90 days. Refunds of virtual currency and other funds may be returned to you minus our costs, the unsubsidized coin/miner network transaction fee and any other third party charges.
3. Sent to wrong coin/chain, missing tags, delisted coins, etc. We do not promise the ability to recover, due to the unique nature of our main network and technical challenges, among other reasons. If you have sent virtual currency to the wrong virtual currency, virtual currency wallet or blockchain, or to a delisted virtual currency and it needs to be recovered by us manually, please send an email, and our technical team will assess whether recovery is possible. There will be a recovery fee equal to 8% of the virtual currency, if the virtual currency can be recovered at all, and we reserve the right in our sole discretion to not attempt to recover small amounts. This would also apply to virtual currency that require a destination tag, payment ID, memo, etc. that was not sent or sent to an incorrect address. We will not recover virtual currency we do not support. You must contact us within 90 days after an applicable Virtual Currency Transaction for us to recover your virtual currency, if recoverable, or it will incur a daily 0.5% fund management fee after 90 days.
4. No Liability for Errors/Omissions. You accept and acknowledge that we are not liable or responsible for any errors or omissions that are made in connection with any Virtual Currency Transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to transfer a virtual currency.
General Contract Terms
Limited License. We grant you a non-exclusive, limited, non-transferable, freely revocable license, subject to the terms of this Agreement, to access and use the Mix Pay Site and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by us from time to time. Any other use of the MixPay Site or Content is expressly prohibited and all other rights, title and interest in the MixPay Site or Content is exclusively the property of us and our licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “MixPay” and all logos related to our Services or displayed on the MixPay Site are our or our licensors’ trademarks or registered marks. You may not copy, imitate or use them without our prior written consent.
1. Assignability. This Agreement is personal to you and you cannot transfer, assign or delegate your rights, licenses, interests and/or obligations to anyone else. We may transfer, assign or delegate our rights, licenses, interests and or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving us.
2. Entire Agreement. This Agreement (including the Privacy Policy and any other documents incorporated by reference herein) comprise the entire agreement between you and us 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 MixPay. This Agreement will bind and inure to the benefit of the parties, their respective successors, assigns, heirs, executors, administrators and legal representatives.
3. Interpretation. Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
4. Invalidity. Any provision of this Agreement which may be determined by competent authority to be prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. In such case, the parties shall in good faith modify or substitute such provision consistent with the original intent of the parties.
5. Enforcement of Our Rights. Our failure to enforce any threatened or existing violation, default or breach of this Agreement shall not be deemed a waiver of such a violation, default or breach, and we shall have the right to enforce the same at a later time and the right to waive in writing any provision or condition imposed herein for its benefit without thereby waiving any other provision or condition.
6. Survival. All provisions of this Agreement will continue to be binding and operate after the termination or expiration of this Agreement or your Account.
7. Liability for Breach. We are not liable for any breach of this Agreement where the breach is due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to the application of the law or mandatory legal rules.
8. Change of Control. In the event that we are acquired by or consolidated, amalgamated 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, consolidation, amalgamation, acquisition, sale, or other change of control.
