Terms of Service

Last Updated: April 12, 2024

1. Introduction

Welcome to PayCryptoPal ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website, mobile application, and services (collectively, the "Services").

By clicking "I Agree" or by accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not access or use our Services.

2. Eligibility

You must be at least 18 years old (or the age of legal majority in your jurisdiction, whichever is greater) and capable of forming a legally binding contract to use our Services. By using our Services, you represent and warrant that you meet these requirements.

Our Services are not available to residents of jurisdictions where cryptocurrency trading is restricted or prohibited by law, including but not limited to New York (BitLicense restrictions), Washington state, and other jurisdictions that require specific licenses for cryptocurrency operations. It is your responsibility to ensure that your use of our Services complies with the laws of your jurisdiction.

If you are using our Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" in these Terms refer to both you individually and that entity.

3. Regulatory Compliance

PayCryptoPal is committed to complying with all applicable federal and state laws and regulations, including:

• Bank Secrecy Act (BSA)
• USA PATRIOT Act
• State money transmitter laws and regulations
• Applicable Securities and Exchange Commission (SEC) regulations
• Commodity Futures Trading Commission (CFTC) regulations
• Financial Crimes Enforcement Network (FinCEN) requirements

We maintain appropriate licenses and registrations as required by applicable law. Depending on your state of residence, additional terms, conditions, or restrictions may apply to your use of our Services, as required by state law.

4. Account Registration and KYC/AML Compliance

To access certain features of our Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

As part of our Know Your Customer (KYC) and Anti-Money Laundering (AML) compliance program, we are required by federal and state laws to collect and verify certain information about you. This may include your full name, address, date of birth, Social Security Number or Tax Identification Number, government-issued identification, and other information or documentation.

We may use third-party service providers to verify your identity and the information you provide. You authorize us to make inquiries and obtain information about you from these third-party services.

We reserve the right to restrict, suspend, or terminate your access to our Services if you fail to provide the requested information, if we cannot verify your identity, or if we have reason to believe that you are using our Services for illegal purposes or in violation of these Terms.

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Cryptocurrency Services

Our Services allow you to buy, sell, trade, and store various cryptocurrencies. Cryptocurrency transactions are irreversible, and we cannot recover your cryptocurrencies once they are sent from your account.

Risk Disclosure: Cryptocurrency values are highly volatile and can fluctuate significantly. You acknowledge and accept the risks associated with trading and holding cryptocurrencies, including potential loss of value. Cryptocurrency assets are not legal tender, are not backed by the government, and cryptocurrency accounts and value balances are not subject to Federal Deposit Insurance Corporation (FDIC) or Securities Investor Protection Corporation (SIPC) protections.

We do not provide investment, tax, or legal advice. Any information provided through our Services is for informational purposes only and should not be construed as professional advice. You should consult with a financial advisor, attorney, or tax professional regarding your specific circumstances.

6. Fees and Charges

We charge fees for certain Services as described in our Fee Schedule, which is incorporated into these Terms by reference. We reserve the right to change our fees at any time with notice to you. Your continued use of our Services after such notice constitutes your acceptance of the updated fees.

All fees are exclusive of any applicable taxes, which you are responsible for paying. You agree that we may charge your payment method for any fees incurred in connection with your use of our Services.

7. Prohibited Activities

You agree not to use our Services to:

• Violate any applicable federal, state, or local law, regulation, or these Terms
• Engage in money laundering, terrorist financing, fraud, or other illegal activities
• Infringe on the intellectual property rights or other rights of others
• Attempt to gain unauthorized access to our systems, other users' accounts, or related networks
• Engage in market manipulation, deceptive practices, or fraudulent activities
• Use our Services in any manner that could damage, disable, overburden, or impair our Services
• Circumvent or attempt to circumvent any security, anti-fraud, or compliance measures we implement
• Use our Services for any illegal purpose or in connection with illegal funds

We reserve the right to report suspicious activities to appropriate law enforcement or regulatory authorities and to cooperate with such authorities in any resulting investigation.

8. Privacy and Data Protection

Our Privacy Policy, available at Privacy Policy, describes how we collect, use, and share your personal information. By using our Services, you consent to our collection and use of your information as described in the Privacy Policy.

We comply with applicable data protection laws, including state-specific privacy laws such as the California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), Virginia Consumer Data Protection Act (VCDPA), Colorado Privacy Act (CPA), and other applicable state privacy laws. Residents of these states may have additional rights regarding their personal information.

9. Intellectual Property

Our Services and all content and materials included on our Services, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of PayCryptoPal or our licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for their intended purposes, subject to your compliance with these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included content without our express written permission.

10. Electronic Communications and E-SIGN Consent

By using our Services, you consent to receive electronically all communications, agreements, documents, notices, and disclosures (collectively, "Communications") that we provide in connection with your account and your use of our Services. You agree that we may provide these Communications to you by posting them on our website, through the mobile app, or by emailing them to the email address associated with your account.

Your consent to receive Communications electronically is valid until you revoke it by notifying us. To revoke your consent, please contact us at support@paycryptopal.com. If you revoke your consent to receive Communications electronically, we reserve the right to terminate your access to our Services.

This section constitutes your consent under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act).

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAYCRYPTOPAL, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless PayCryptoPal, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your violation of these Terms
• Your use of our Services
• Your violation of any rights of another person or entity
• Your violation of any applicable laws, rules, or regulations

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which you reside, without regard to its conflict of law provisions.

Arbitration Agreement: Any dispute, claim, or controversy arising out of or relating to these Terms or your use of our Services shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration will be conducted in the county where you reside at the time the dispute arises.

Class Action Waiver: You and PayCryptoPal agree that any proceedings to resolve disputes will be conducted on an individual basis only. Neither you nor we will seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

Small Claims Court: Notwithstanding the foregoing, either party may bring an individual action in small claims court in the county where you reside if the claim is within that court's jurisdiction.

Right to Opt Out: You have the right to opt out of this arbitration agreement within 30 days of accepting these Terms by sending a written notice to support@paycryptopal.com with the subject line "Arbitration Opt-Out."

State-Specific Provisions: If you reside in a state that does not permit mandatory arbitration for this type of dispute or has specific requirements for arbitration agreements, those state-specific provisions will apply to you. Additionally, some states have specific consumer protection laws that may supersede portions of these Terms. Nothing in this agreement is intended to limit your rights under state consumer protection laws.

Injunctive Relief: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

14. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will provide notice of such changes, such as by sending an email to the address associated with your account, providing a notice through our Services, or updating the date at the top of these Terms. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes.

If you do not agree to the modified Terms, you should discontinue your use of our Services.

15. Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our Services will immediately cease.

You may terminate your account at any time by contacting us at support@paycryptopal.com. Termination of your account does not relieve you of any obligations you may have incurred or any liabilities that accrued prior to termination.

16. Accessibility

We are committed to making our Services accessible to all users, including those with disabilities. We strive to comply with the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA and applicable requirements of the Americans with Disabilities Act (ADA).

If you encounter any accessibility issues or need assistance, please contact us at accessibility@paycryptopal.com.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provision shall be deleted without affecting the remaining provisions.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and PayCryptoPal regarding your use of our Services, superseding any prior agreements between you and us.

19. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@paycryptopal.com
Address: 54 State Street, Suite 804, New York, NY 12207, USA