About Us

Pay3 Inc is a company organised and registered under the laws of Delaware, United States and having its principal place of business at 2261 Market Street #5007 San Francisco, CA 94114. Pay3 Inc provides authentication and payment infrastructure which can be integrated by an enterprise ("Business") to provide a seamless and better experience to their customers ("End Users"). The employees, representatives or associates of our Business who use our services are referred to as ("Business Users"). End Users are referred to as "You" and "Your". Pay3 Inc and its affiliates including Minasa Technologies India Private Limited will be henceforth referred to as "We" or "Our" or "Us" or "Pay3" in the agreement.

The Terms of Service below along with Pay3’s Privacy Policy applies to all the services provided by Pay3 including but not limited to software, programs, Application Programming Interfaces ( APIs), documentation, tools, internet-based and mobile-based services, mobile applications, components, software widgets and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) provided to you by Pay3, directly or indirectly, through all online services we provide. By entering our website, accessing our using Our Services You acknowledge that you have read, understood and agree with Our Terms of Service and Privacy Policy. Please do not access or use Our services if you do not agree with Our Terms of Service. By accessing or using Our services you are entering into a legally binding contract with Us. Please read and review the Terms of Service very carefully.

We reserve the right to modify the Terms of Service from time to time to reflect changes in our services or business practices. Please always review the latest version of the Terms of Service before accessing or using our services. We will assume that you agree to the latest version of the Terms of Service if you continue to access or use our services.

These Terms of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Delaware, United States.

Your Eligibility

You need to be 18 years of age or older which means that you have capacity to enter into a legally binding contract in the place of your domicile to use or access Our services.

You also confirm that you are not an individual sanctioned by any country or jurisdiction including persons or entities who appear in the United Nations sanctions, Australian Sanctions, United States (Department of the Treasury Office of Foreign Asset Control - OFAC) sanction - Specially Designated Nationals list , European Union Financial Sanctions, Office of the Superintendent of Financial Institutions (Canada) list, United Kingdom Sanctions List, nationals or residents of Cuba, Iran, North Korea, Sudan or Syria. Further, individuals or entities whose accounts have been terminated by Pay3 or its partners for reasons including fraud are not eligible.

Cryptocurrency and the Digital Assets of our Businesses including Tokens may be illegal in some jurisdictions. It is Your responsibility to know the regulatory requirements concerning transactions with cryptocurrency and Tokens in Your jurisdiction before using the Services.

Our Services

Pay3’s services consist of i) facilitating Your account creation ii) to create an experience which enables You to buy, sell your and view Your Digital Assets of a specified Business within the environment of that Business. The entire suite of Our services or in part will be applicable depending on how the Business has integrated Our services. Pay3 has the right to modify or cancel the Services at any point and the Terms of Service will be revised to reflect the modification or cancellation.

i) Your Account creation:

A Business may use Pay3’s services to facilitate Your account creation.Your Account will be used to record some of your preferences and activities. Pay3 facilitates this for the Business by authentication of one of Base Accounts that includes Your social media accounts, email accounts, Mobile number or wallets. You get to choose Your Base Account that Pay3 will have to validate. Pay3 will facilitate Your Account creation only if you meet the Eligibility and provide the right credentials to authenticate Your Base Account. Pay3 does not have access to Your Base Account credentials as You will provide those directly to the respective Base Account Providers who will let Pay3 know if your credentials are correct. The process of authenticating Your Base Account will be governed by the Terms of Service and Privacy Policy of Your Base Account Provider. In addition, Pay3 will request you to provide your Email ID for communication purposes. It's our Business’s decision to provide you an Account and Pay3 is only a facilitator.

ii) Your Wallet

Upon successful creation of Your Account, Pay3 may facilitate the creation of a Wallet for You if you do not already have one. Pay3 facilitates the Wallet creation process by connecting you with one or many wallet Provider/s. Once a wallet is created it is Your wallet and you are responsible for ensuring that you protect and do not share the credentials for the Wallet. The Wallet will be used by the Business to hold the Digital Assets associated with the Business including Tokens and facilitate buy and sell transactions. Pay3 is facilitating the Wallet creation process within the environment of the Business and is an option that is provided to You and You have the option of creating a Wallet with a Wallet Provider of your choice that is compatible with the Business environment.

iii) Buy and Sell Transactions

Pay3 facilitates You to buy and sell various Digital Assets of the Business including Tokens and Non-fungible Tokens (NFTs) associated with the Business. Pay3 provides an integrated experience within the environment of the Business to help you buy and sell with either a variety of cryptocurrency or from fiat. Pay3 integrates with On-ramp and Off-ramp Providers, Wallet Providers and Liquidity Providers to accomplish this. Pay3 renders the services of various Partner Providers within the environment of the Business that You are engaging with for your convenience based on a number of parameters including your location and the Digital Assets that you are purchasing. Upon Your instruction, Pay3 sends Your information to these Partner Providers. The transactions are governed by the Terms of Service and Privacy Policy of Pay3’s partners and Pay3 is not a party to the transaction. Pay3 is not liable for the performance of services and the failure of any transactions. Pay3 to the best of its ability will facilitate resolution of any queries that you have with these Partner Providers by providing a single window for Your communication.

iv) What We do not offer:

Pay3 does not endorse any Digital Assets, Token or cryptocurrency and does not provide advisory services or investment services. Pay3 is a facilitator for buying and selling Digital Assets, Tokens and cryptocurrencies and is not responsible for the issuance or the price associated with a Digital Asset. Please review the Digital Asset properties carefully and do your due diligence including the Terms of Service associated with these Digital Assets before you conduct any transaction.

You are responsible for your Wallet and Pay3 does not offer any Custodial Services for your Wallet.

Pay3 is not responsible for the loss of your Digital Asset or Fiat Currency from Your Wallet or from your transactions.

Your Information

Pay3 will collect information about you including but not limited to contact information and payment information to facilitate the provision of services. You are responsible for ensuring that the information provided by You including for Buy and Sell transactions is accurate. Pay3 is not responsible for any inaccuracy in the data provided by you. You are obliged to check all the information before submitting it to Pay3. Blockchain transactions are irreversible and Pay3 will not be able to reverse any transactions already executed in case you made a mistake in the provided data or instruction.Please refer to the Privacy Policy for details on what personal information Pay3 collects, how it is processed and stored. Blockchain transactions are irreversible, and any information stored in the Blockchain will remain publicly viewable and immutable for an indefinite period of time. Your Blockchain address and certain data will be displayed permanently and publicly. You agree to relinquish any right of rectification or to the erasure of personal data, which is not possible on the Blockchain.

Our Partner Providers including Liquidity Providers, On-ramp and Off-ramp providers and Wallet providers may be government-licensed, registered and regulated entities that have a legal obligation to review Transactions to prevent the financing of terrorism, money laundering, crime and other illegal or risky activity. During the provision of the Services, you shall provide such Data as Pay3 or Our Partner Providers shall require to perform a thorough review of you and each Transaction. Any failure by you to provide such information constitutes a material breach of the Terms of Service.

Fees And Charges

The fees for the services will be an aggregated fee of all our Partners including Providers, Business and Pay3. The fee amount varies depending on the choice of the Partner Provider. Pay3 Please review Terms of Service of Partner Providers to understand if there are additional charges charged to You separately including your bank. Pay3 is not liable for any fees charged separately by Partner Provider or by your bank.

Transaction Limits

Pay3 and its Partner Providers will impose limits on transactions for purposes including but not limited to fraud prevention, compliance, regulation and effective provision of Services. The transaction limits include limit on the number of Accounts you can create, limit on the amount of Buy or Sell and the number of times any transaction can be honoured within a specified period. The transaction limits will vary depending on a number of parameters including your geography or jurisdiction, Partner Providers and Our or Our Partner Providers’ assessment of Your transaction risk. You are required to adhere to the limits.

Modification and Cancellation

Transactions once approved by You cannot be cancelled, modified or refunded. If there is a provision to do so Pay3 will provide the option to You to do so as part of the flow. If You need any help with modification or cancellation please contact help@pay3.money.

Suspension and Termination

Pay3 has the right to suspend or terminate Your Account for any reason for violation of Terms of Service including concerns of fraud and request from its Partner Providers

Your Representations and Warranties

By agreeing to this Terms of Service you represent and warrant to Pay3 that

1. You are eligible to enter into this agreement and are entering into the agreement as a Principal and not as a Third party
2. You have reviewed and understand the Terms of Service including Pay3’s roles and responsibilities
3. You have reviewed the Digital Assets of Our Business and understand the risks
4. You are not violating any applicable laws and regulations
5. You are not providing any false, inaccurate or misleading information to Pay3 or its Partner Providers
6. You will not or attempt to bring down Pay3’s services including deploying any viruses, malware, worms, trojan horses or programming routines that may damage, corrupt, disrupt, misuse or gain unauthorised access to any data, system information or Pay3’s services
7. The Fiat Currencies and Cryptocurrencies that You use for accessing Pay3’s services have been acquired legally
8. You will not try to subvert Pay3’s or Pay3’s Partner Provider limits
9. You will not try to obscure your identity or geographic location
10. You will not try to use Pay3’s intellectual property, copyright or other proprietary assets without permission
11. You understand and acknowledge that while we make reasonable endeavours to ensure the accuracy of the information that we provide, and which in turn, is provided to you, neither we nor any of our directors, employees or agents make any representation or warranty, express or implied, as to the accuracy or completeness of such information;
12. You will reasonably cooperate with Pay3 on any investigation related to fraud or violation of applicable laws and regulations
13. You will not compromise the security or integrity of your Wallet or your Account
14. Pay3 Services are provided on an "as is" and "as available" basis, with no further promises made by us around availability of the Pay3 Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the Pay3 Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
15. Pay3 makes no representation or warranty that the Services are applicable or appropriate for use by customers in all jurisdictions and it is Your responsibility to ensure compliance with the laws of any relevant jurisdiction of Your residence

Force Majeure

No party will be in breach of this Agreement nor liable for any failure to perform its obligations under this Agreement if that failure results from circumstances beyond its reasonable control.

Limitations of Liability

Pay3 Services as provided on ‘As Is’ and ‘As Available’ basis without any warranties of any kind - Express or Implied including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the Services, their use and the results of such use. All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are excluded from this Agreement to the fullest extent permitted by applicable law

Pay3 or any of its affiliates, respective officers, Directors, Agents, Joint Ventures, employees, contractors, sub-contractors, agents or representatives jointly and severally disclaim and make no representations or warranties as to the usability , accuracy, quality, reliability, suitability, completeness, truthfulness, availability, usefulness or effectiveness of any data, results, content or other information obtained or generated by or communicated by Pay3 or any third party.

In no event shall Pay3 or any of its affiliates, respective officers, Directors, Agents, Joint Ventures, employees, contractors, sub-contractors, agents or representatives be liable for any lost profits, diminution in value or business opportunity, any loss, damage, corruption, breach of data or any other intangible property or any intangible, special, incidental, indirect, or consequential damages whether based in negligence, strict liability, tort, contract or otherwise, arising out of or in connection with authorised or unauthorized use of Pay3’s services.

Pay3 does not endorse any entity, product or service made available as part of the service. Under no circumstances can the liability of Pay3 exceed United States Dollar (USD) 5.

Indemnification

Pay3’s obligations towards you will be absolutely discharged upon delivery of Data to You and Our Partner Providers. You shall defend, indemnify and hold harmless Pay3 from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, late fees, cancellation fees and expenses (including attorney’s fees) arising from: (i) your use of the Service (or any part thereof); (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Service, including without limitation any damage related to Your Base Account Usage, Your Account Usage, Wallet usage, Digital Assets of the Business and cryptocurrency purchased and/or sold by You from or to an Business, Our Partner Providers and in connection with the Service; (iv) your violation of any third party rights; and (v) any charge-back or cancellation of any monetary deposit, Digital Asset of Business, cryptocurrency transfer or payment made by You through the Service.

Disputes

This section will apply to all disputes between You and Pay3. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Pay3 arising under or relating to the Services offered by Pay3, these Terms, or any other transaction involving You and Pay3, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law.

You and Pay3 will further agree to arbitrate all disputes between parties in the State of Delaware

Waiver of class actions and class arbitrations

You and Pay3 agree that each party may bring disputes against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. accordingly, under the arbitration procedures outlined in this section, an arbitrator shall not combine or consolidate more than one party’s claims without the written consent of all affected parties to an arbitration proceeding. without limiting the generality of the foregoing, You and Pay3 agree that no dispute shall proceed by way of class arbitration without the written consent of all affected parties

Our Contact

You can contact us at help@pay3.money for any queries, disputes or information. Please also contact us immediately if You have a reasonable suspicion that Your Account has been compromised.

Glossary

At Pay3 Inc (including Pay3 Inc and its affiliates) hereinafter referred to as "We" or "Our or Us", understand that you care about what personal information We collect, how We process it and with whom do We share. Our privacy policy is designed to provide all this information. If you have additional questions please write to us at help@pay3.money. We may periodically change the privacy policy to reflect the changes in the nature of our products and services and We will alert you when you visit our Site (website or our products page) of any changes. Please do review the privacy policy and by using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that We will collect, use and share your personal information as set forth below.

Scope of the Privacy Policy

This privacy policy applies to all personal information We collect through our web applications from our enterprise customers ("Businesses") and their employees, representatives or associates ("Business Users") and customers of our enterprise customers("End Users") - collectively referred to as "You" or "Your". We use the term "personal information" to describe information that can be associated with a specific person or company and can be used to identify that person, including Account Information, Identification Information, Know Your Business and Financial information. Aggregated and anonymised data is not within the scope of this policy.

We cater to End Users who are 18 years or older. We require our Businesses to get a declaration from their users to confirm that their users are 18 years or older.

What personal information do We collect, generate about you and how do We process and with whom do We share?

We share your personal information only with those who require such information to perform their work. Pay3 will never sell or rent your personal information to third parties without your explicit consent. Law enforcement, government officials, or other third parties when we are compelled to do so by a subpoena, court order or similar legal procedure, when we need to do so to comply with law we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms of Service, or as otherwise required by law;

Please note that Blockchain transactions are irreversible, and any information stored in the Blockchain will remain publicly viewable and immutable for an indefinite period of time. Your Blockchain address and certain data will be displayed permanently and publicly. You agree to relinquish any right of rectification or to the erasure of personal data, which is not possible on the Blockchain.

How do We store protect your personal information?

We store and process your personal information using third-party data centers including Amazon Web Services, Google Cloud Services, Microsoft Azure and Digital Ocean located in the United States (and other countries). This information is protected by physical, electronic and procedural safeguards in compliance with applicable federal and state regulations. In addition, we use measures like firewalls, data encryption and authorise access to personal information to a limited number of personnel on a need basis. Any request for processing personal information by You including updating, modifying and deleting will only be undertaken after verification of Your credentials. We maintain organizational, technical and administrative measures designed to protect Personal Data covered by this Policy against unauthorized access, destruction, loss, alteration or misuse. We make reasonable efforts to secure and safeguard your personal information and despite our best efforts if there is a security breach We will notify You. We request You to keep any credentials that provide access to your personal information on our systems safe and secure including but not limited to strong passwords and not sharing passwords.

We aim to fulfil all verified requests within 45 days pursuant to the appropriate regulation. If necessary, extensions for an additional 45 days will be accompanied by an explanation for the delay.

European Union

We are a global business. While We transfer your personal information outside of the European Economic Area (EEA) we ensure that it is protected in a manner that is consistent with how your personal information will be protected by us in the EEA respectively. The recipient must sign up to a contract based on "model contractual clauses" approved by the UK Government or European Commission (as applicable), obliging them to protect your personal information. When we transfer your personal information to another country, we will ensure that any transfer of your personal information is compliant with applicable data protection law.

Your Privacy Rights

You can review and update your personal information at any time by logging into your account with the right credentials or writing to us at help@pay3.money.

You have the right to

• Receive the personal information we have about you
• Obtain information about the personal information We collect, generate and store about you
• Right to rectify inaccurate or incorrect personal information
• Ask us not to process your personal information unless it is necessary for Us to process your personal information to comply with regulations or fulfil a legal obligation
• delete your personal information by contacting us at help@pay3.money. We will do so after the stipulated period for which we need to retain your personal information in accordance with our retention policy and to the extent required to comply with (or we deem it reasonable in light of) any laws or regulations.
• obtain restrictions on the processing of your personal information
• contact Your relevant data protection office/r or representative in case of any complaints that are not resolved by us to your satisfaction

All communication from Pay3 will be via electronic medium.

California, The United States of America (USA)

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”) California residents have certain rights in relation to their personal information, subject to limited exceptions. The below section applies solely to residents of California, USA. This needs to be read along with the rest of the privacy policy.

• We do not share Your personal information with third parties for the purpose of directly marketing their goods or services to You without your consent
• We have listed the personal information that we collect. We will not collect additional categories of personal information or process it materially differently from what is listed without providing you notice
• We do not sell Your personal information
• You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (as described below), we will disclose to you (unless an exception applies):
  • the categories of Personal Information we collected about you;
  • the categories of sources for the Personal Information we collected about you;
  • our business or commercial purpose for collecting that Personal Information;
  • the categories of third parties with whom we share that Personal Information;
  • the specific pieces of Personal Information we collected about you (also called a Personal Information portability request);
  • if we disclosed your Personal Information for a business purpose, a list of disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained;
  • delete any of their Personal Information that we have collected and retained, subject to complying with the applicable laws, legal obligations and regulations. Once we receive and confirm a verifiable consumer request (see below), we will delete (and direct our service providers to delete) relevant Personal Information from our records, unless an exception applies (such as the B2B exception referenced above).

We aim to fulfil all verified requests within 45 days pursuant to the CCPA. If necessary, extensions for an additional 45 days will be accompanied by an explanation for the delay

How can You contact Us?

You can contact Us by writing to help@pay3.money