Terms of Service | SMARTy Pay

SMARTy Pay Terms of Service

Updated: 01/06/2023

DISCLAIMER: SMARTy Pay provides a cryptocurrency transaction processing technology. SMARTy Pay does not recommend, endorse or promote any investment activities regarding cryptocurrencies. SMARTy Pay is not responsible for any financial losses caused by cryptocurrency rate fluctuations. SMARTy Pay does not guarantee any financial benefits from the use of cryptocurrencies as a means of payment.

SMARTy Pay (“SMARTy Pay” or “we” or “us” or “our”) is a service that simplifies the acceptance of cryptocurrencies as payment for goods and services. SMARTy Pay has developed these Terms of Service (these “Terms”) to describe the terms that govern your use of SMARTy Pay’s service, SMARTy Pay developer documents and our website located at smartypay.io (the “Site”) (collectively the “Services”).

Changes to Terms or Services

We may modify the Terms at any time, at our sole discretion. If we do so, we’ll let you know by posting the modified Terms on the Site and by providing you a notice in a manner we deem reasonable including both notifications within the product’s dashboard and other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have modified the Terms, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, you must stop using the Services. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

General Terms

The relationship between SMARTy Pay and Clients is fully governed by these Terms
The present Terms shall be carefully examined by the Client before making decision to register and start to use services provided by the SMARTy Pay
By registering an account in SMARTy Pay on the service website at https://smartypay.io/ the Client accepts all clauses of these conditions
If at least one clause of these Terms is unacceptable or unfeasible, Client must immediately stop registration and leave the service website https://smartypay.io/
All SMARTy Pay Clients are subject to the KYB process, for which, during the registration process, we request data and documents about the company from them in accordance with our compliance policies. If necessary, SMARTy Pay may request additional data related to the activities of the Client's company
In case of violation by the Clients of the Terms, their accounts may be blocked temporarily or permanently, followed by a complete denial of service
Clients choose a set of cryptocurrencies and service components that they want to use from those available in SMARTy Pay
SMARTy Pay Clients independently provide services to their customers with the necessary compliance formalities and procedures, as well as perform the necessary actions to protect personal data. SMARTy Pay is not a personal data operator and a participant in the compliance process for customers served by SMARTy Pay Clients
SMARTy Pay works with data related to all participants in crypto payments (Clients and their customers), some of which may be personal data. SMARTy Pay supports all organizational and technological processes to ensure the safety of this data and may participate in the processing of requests addressed to Clients regarding this data (for example, a request to delete data). At the same time, SMARTy Pay cannot influence transaction data in any way, as changing such data is impossible due to the peculiarities of blockchain technology
Transactional data on the blockchain is public. SMARTy Pay does not carry out any operations to anonymize transactions, and does not guarantee that any blockchain data on transactions conducted through SMARTy Pay cannot be analyzed and associated with specific individuals / companies by means of external analytics
SMARTy Pay does not store and manage funds received by Clients from crypto payments. The Clients themselves are responsible for the safety of these funds and the implementation of transactions with them. In case of loss of control over funds on the Client's side, SMARTy Pay will not be able to restore access to these funds. SMARTy Pay is not responsible for transactions with the Client's funds initiated on the Client's side, except for their technical support
SMARTy Pay Clients are fully responsible for tax liabilities in accordance with the tax laws applicable to them

Who May Use the Services

Eligibility

You shall be considered a Client of SMARTy Pay since the following conditions are met:

You have accepted the Terms, and
You have registered the account in SMARTy Pay, and
You provided all necessary information during the KYB process, and
You provide services not included in the list of activities not supported by SMARTy Pay.

The SMARTy Pay Service does not serve Clients engaged in the following activities:

Production or trade in weapons and munitions
Production or activities involving harmful or exploitative forms of forced labor/harmful child labor
Production, trade, storage, or transport of significant volumes of hazardous chemicals, or commercial scale usage of hazardous chemicals
Any business relating to pornography or prostitution
Abusing confidential or material, non-public information
Trading of Animal Fur, Bones and Ivory
Indecent and Obscene material including child pornography
Trading of explosives and Nuclear Weapons
Drug trafficking including chemicals used to manufacture synthetic drugs
Investment from several individuals (third party) without proper approval
Human Body Parts and Pathogens
as well as any other activities that require special licensing, without the necessary licenses, registrations and permits.

Registration and Your Information

If you want to use the Services, you will have to create an account (“Account”) on our website. To open an account, you must provide your company name, native tokens wallet used to pay for the gas (required to conduct a transaction successfully), a valid email address and create a password.

You agree that you will not disclose your Account credentials to anyone, and you’ll notify us immediately of any unauthorized use of your Account. You are responsible for all activities that occur under your Account, whether or not you know about them.

You are solely responsible for the retention and security of your twelve-word seed phrase (‘Recovery Phrase”). Your Recovery Phrase is the only way to access the cryptocurrency associated with your account. Anyone that has access to your Recovery Phrase can access your cryptocurrency. If you lose your Recovery Phrase, you will not be able to access your cryptocurrency. You acknowledge that SMARTy Pay does not store your Recovery Phrase and you agree to hold SMARTy Pay harmless in the event you lose your Recovery Phrase and cannot access your cryptocurrency.

When you create your account with us, you will be asked to provide your email address, which we may use on receipts or materials we send to customers on your behalf (“Support Email”). By providing this email, you agree that we may use that Support Email to direct customers that make payments to you using SMARTy Pay to contact you for customer support. If you change your Support Email, you must provide us with prompt notice of such change to enable us to update the Support Email we use on your behalf. You agree to respond to customers contacting you via the Support Email timely (within 2 working days).

Pricing

Pricing information for SMARTy Pay services is available at https://smartypay.io/pricing/

Content Ownership, Responsibility and Removal

We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. You agree that you own or have all rights, title and interest, including all intellectual property rights, in any User Content you provide to us.

Subject to the foregoing, SMARTy Pay and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other applicable laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

In order to operate and provide our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, distribute, create derivative works of, display, and perform the User Content that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this license are for the purpose of operating and providing our Services, including, but not limited to, identifying merchants on the Services in receipts and materials we may send to customers on your behalf.

Rights in Content Granted by SmartyPay

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Services.

Acceptable Use and SmartyPay’s Enforcement Rights

You agree not to use the Services in ways that:

Violate, misappropriate, or infringe the rights of SMARTy Pay, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;
Are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;
Involve publishing falsehoods, misrepresentations, or misleading statements, including impersonating someone; or
Involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our service providers or any other third party (including another user) to protect the Services or Content;
Disguise your location through IP proxying or other methods;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

You may not use or download the Services if you are in, under the control of, or a national or resident of any other country subject to sanction lists and other law / regulatory enforcement lists.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and with preliminary notification regarding the termination reason and providing reasonable time to eliminate User’s inconsistencies with the terms of using the Services. You may cancel your Account at any time by following the account closure instructions in the dashboard. Upon termination or cancelation of your account, you will cease all use of the Service and Content. Upon any termination, discontinuation or cancellation of Services or your Account, except as specifically set forth herein, the following provisions will survive: Content and Content Rights, Content Ownership, Responsibility and Removal, Termination, Warranty Disclaimers, Indemnity, Limitation of Liability, Dispute Resolution and General Terms.

Warranty Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES (INCLUDING ANY PRIVATE KEY STORAGE SERVICE OFFERED AS PART OF THE SERVICES, WHETHER CLOUD OR HARDWARE-BASED) AND CONTENT IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMARTy Pay SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. SMARTy Pay DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES OR ANY OF THE MATERIALS CONTAINED THEREIN WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.

USE OF ANY PRIVATE KEY STORAGE SERVICE INCLUDED AS PART OF THE SERVICES IS OFFERED TO YOU AS A CONVENIENCE, SUBJECT TO THE LIMITATIONS ABOVE. TO BE SAFE, YOU SHOULD ALWAYS BACKUP YOUR PRIVATE ACCESS KEY VIA SECONDARY MEANS.

Indemnity

You will indemnify and hold harmless SMARTy Pay and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, (ii) your User Content, (iii) Third Party Materials, or (iv) your violation of these Terms. Nevertheless, SmartyPay shall be deemed responsible for any real duly documented damage caused intentionally or due to negligence.

Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, SMARTy Pay SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES (EXCEPTO FOR THE CASES WHERE THE FAILURE TO PERFORM THE OBLIGATION OF SMARTYPAY IS DULY PROVED AND CONFIRMED) , INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR LOGIN CREDENTIALS OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS FROM YOUR BACKUP PHRASE, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO THE BINANCE SMART CHAIN, OR THE FAILURE OF ANY MESSAGE TO SEND OR BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM, OR FOR DIMINUTION OF VALUE OF DIGITAL TOKEN OR DIGITAL ASSET ON THE BINANCE SMART CHAIN. SMARTy Pay SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, NOT PROVIDED DIRECTLY BY SMARTy Pay, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SMARTYPAY HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SMARTy Pay SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO SOFTWARE, PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of England and Wales without regard to its conflict of laws provisions.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between SmartyPay and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between SMARTy Pay and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Services and/or through other electronic communication.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of SMARTy Pay. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Confidentiality

SMARTy Pay shall maintain the confidentiality of the User’s credentials. SMARTy Pay is entitled to communicate the specified data only to the User, competent public authorities and only in the cases provided for by the applicable legislation.

Contact Information

If you have any questions about these Terms or the Services, please contact us at support@smartypay.io.

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