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.
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.
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.
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:
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
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.
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 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.
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 firstname.lastname@example.org.
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
- You are eligible to enter into this agreement and are entering into the agreement as a Principal and not as a Third party
- You have reviewed and understand the Terms of Service including Pay3’s roles and responsibilities
- You have reviewed the Digital Assets of Our Business and understand the risks
- You are not violating any applicable laws and regulations
- You are not providing any false, inaccurate or misleading information to Pay3 or its Partner Providers
- 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
- The Fiat Currencies and Cryptocurrencies that You use for accessing Pay3’s services have been acquired legally
- You will not try to subvert Pay3’s or Pay3’s Partner Provider limits
- You will not try to obscure your identity or geographic location
- You will not try to use Pay3’s intellectual property, copyright or other proprietary assets without permission
- 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
- You will reasonably cooperate with Pay3 on any investigation related to fraud or violation of applicable laws and regulations
- You will not compromise the security or integrity of your Wallet or your Account
- 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.
- 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
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.
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.
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
You can contact us at email@example.com for any queries, disputes or information. Please also contact us immediately if You have a reasonable suspicion that Your Account has been compromised.
||Services that help you buy Digital Assets using Fiat Currency. Fiat Currency is obtained from Your Fiat Account and deposited in the Digital Asset account of the Business or Your Wallet Account
||Services that help you buy Fiat Currency using Digital Assets. Digital Assets is obtained from the Business or Your Digital Wallet and deposited in Your Fiat Currency account
||Your email account (e.g., Gmail account), Mobile or Social media (e.g., Facebook, Twitch, Discord) account, Wallets (e.g., Metamask) or other accounts that is used by Pay3 and its Partner Providers to create and validate your account before providing services
||A Wallet is a storage solution for your Digital Assets. Wallets also provides solutions to move your Digital Assets in and out of your Wallet.
||Providers who help you swap one Digital Asset/Fiat Currency for another Digital Asset/Fiat Currency
||Providers of Services including Wallets, On-Ramp Services, Off-Ramp providers and Liquidity Providers with whom Pay3 has entered into a contractual agreement or signed up for Terms of Service to provide Pay3’s Service
||Service providers who hold your Digital Assets in a Wallet in their system and provide associated services like safeguarding and bookkeeping
||A digital asset is generally anything that is created and stored digitally, is identifiable and discoverable, and has or provides value
||A Token is a digital representation of a denomination of a Digital Asset
||Government issued currencies like US Dollar
||Any act or event beyond a Your or Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.