By entering and/or registering on the Product (“Arf”) you give your consent to and accept the following terms:
1. General terms.
1.1. You must be 18 or over to register as a member of or use this Product. Membership in the service is void where it is prohibited. While using and/or viewing this Product, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms and conditions that you are at least 18-years old and that you are not prohibited by law from using the Product.
1.2. You hereby represent and warrant to the Product that: (a) you have the full power and authority to enter into and perform under these Terms and Conditions; (b) your use of this Product will not infringe the copyright, trademark, right of publicity or any other legal right of any third party; (c) you will comply with all applicable laws in using the Product and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, contacting other members and/or viewers of the Product; (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by the Product will not infringe or violate the rights of any third party.
1.3 The Product provides end users separate multi-signature, non-custodial wallets, called Virtual Crypto Cards” or “VCC”s. VCCs and private keys are created via 12-word “Mnemonics”. The Product does not have access nor does manage your private keys. Hence, you are solely responsible for the mnemonics. If you lose your mnemonic phrases you will be unable to access your VCCs and the funds in them.
2. LIMITATION ON LIABILITY
2.1. THE PRODUCT SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES) EVEN IF THE PRODUCT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE THE PRODUCT; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRODUCT; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE PRODUCT; (F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE PRODUCT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED USERS OF OUR SERVICES OR PERSONS INTRODUCED TO YOU BY THE PRODUCT, WHETHER ON-LINE OR OFF-LINE; (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE PRODUCT OR THESE TERMS.
2.2. THE PRODUCT SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND THE PRODUCT’S REASONABLE CONTROL.
2.3. IF YOU USE THE PRODUCT, YOU DO SO AT YOUR SOLE RISK. THE PRODUCT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PRODUCT EXPRESSLY DISCLAIM,S AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2.4. THE PRODUCT DOES NOT WARRANT THAT: (A) THE PRODUCT WILL MEET YOUR REQUIREMENTS; (B) THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH THE PRODUCT WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PRODUCT WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR THE PRODUCT COLLECTS WILL NOT BE DISCLOSED TO THIRD PARTIES; (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
2.5. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE PRODUCT, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION.
2.6. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM THE PRODUCT OR THROUGH OR FROM THE PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
3. Proprietary Rights
3.1. All material on the Product are protected by rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as may be applicable. Except as expressly authorized by the Product, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. Notwithstanding the foregoing, you may use such material in the course of your normal, personal, non-commercial use of the Product.
3.2. You may not systematically retrieve data or other content from the Product to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of "bots" or otherwise. You may not use of any of trademarks of the Product as metatags on other web or mobile products, written materials or otherwise. You may not display any portion of the Product in a frame (or any content from the Product through in-line links) without prior written consent of the Product.
4. Merchant Terms
4.1 These Merchant Terms govern your use of the products, services or any other features, technologies or functionalities provided by the Product through Product’s website, API or through any other means. The terms “you” and “your” refer to the merchant to which we will be providing the Services and the person signing below or otherwise agreeing to the Terms on behalf of the merchant. Please read the Terms carefully; by using the Services, you agree to the Terms and confirm that you accept them.
4.2 We are a cryptocurrency payment processor. We enable you to accept cryptocurrency as payment for goods or services, and process cryptocurrency payments that you receive from your customer (Purchaser). We are not a crypto exchange, wallet, or a place to purchase or sell cryptocurrencies. Our Services are only available to businesses that sell a product or services or to registered charitable organizations that accept donations. By using the Services, you authorize us to act as your agent so we may receive, hold and disburse funds on your behalf and to take any and all actions that we think are necessary to provide the Services and to comply with applicable law. Payment by Purchaser to Product will be considered the same as payment made directly to you and will extinguish the Purchaser's outstanding obligation, to the extent of the payment.
4.3 In order to use the Services, you must open a Arf account. When you open an account, we will ask you for contact information such as your name, phone number, email address, and information relating to the ultimate beneficial owner or the most senior individual from the organization. We will also ask you for information on your business, including your business’s legal name or DBA, physical address of the business, and your Product's website. The information that you provide at the time of account opening must be accurate and complete and you must inform us within ten business (10) days of any changes to such information. We may require additional information from you (including any person signing below or otherwise agreeing to the Terms on behalf of the merchant) to help verify your identity and assess your business risk, such as your date of birth, tax identification number, or government-issued identification. We may also obtain information about you from third parties, such as credit bureaus and identity verification services. We have the right to reject your account registration or to later close your Arf account, if you do not provide us with accurate, complete, and satisfactory information.
4.4 You must keep all records needed for fulfilling the goods or services sold to the Purchaser and providing any post-sale support to the Purchaser. If the sale of the item requires any government registration of the sale, you are responsible for such registration. Product is required to maintain records of all documentation and information collected for your merchant account for the duration that your account is active, and up to 5 years thereafter.
4.5 Consistent with your local laws and regulations, you are solely responsible for obtaining any information required of those who purchase your goods or services. For instance, if applicable law prohibits a sale to persons under the age of 18 years, you must ensure that a Purchaser is at least 18 years of age. Similarly, if applicable law requires that a Purchaser's identity be verified, you must verify the Purchaser's identity. We will not be responsible for your failure to adequately verify your Purchasers' identities or qualifications.
4.6 We reserve the right to decline to process a sale if we reasonably believe that it violates these Terms or would expose you, other merchants, Purchasers, or other parties to harm. If we reasonably suspect that your Arf account has been used for an illegal purpose, you authorize us to share information about you, your Arf account, and your account activity with law enforcement.
4.7 We may ask for permission to inspect your business location in connection with your use of the Services, or documentation or evidence to support specific transactions. If you refuse our request, we may suspend or terminate your Arf account.
4.8 In using the Product, you may be offered services, products and promotions provided by third parties. If you decide to use these third-party services, you do so at your own risk and are solely responsible for reviewing, understanding and complying with the associated terms and conditions. We expressly disclaim any liability for the third-party services and are not responsible for the performance of the third-party services or servicers.
4.9 In order to verify the information you submit via the account registration process as detailed in Section 7.3 we may request information from various third parties, including credit bureaus and identity verification services. By accepting these Terms you authorize us to retrieve information about you by using third parties and acknowledge we may have to share the information you have previously submitted to do so. From time to time Product may engage third parties in order to assist in different aspects of the provision of our Services to you. You acknowledge and agree your use of the Services may require we share your information with these third parties who may need to review your eligibility to use the Services according to their own verification procedures.
4.10 Any supported cryptocurrency accepted by Product on your behalf must be settled to a cryptocurrency wallet that you provided. Payments in any of the supported cryptocurrencies are sent to your designated wallet address, at least once per calendar day. Product is not liable for any losses incurred as a result of improperly reported or designated wallet addresses that you provide.
4.11 You may close your Arf account at any time. You will still be obligated to us for any fees incurred, if applicable, before the closure and we will remit to you funds not yet paid to you and associated with pre-closure sales. If your account balance is below our documented minimum transfer amount, you may be responsible for any applicable transactions fees that may be incurred in the funds transfer.
4.12 We may terminate your account, at our discretion, upon notice to you via email or phone communication. We may also suspend your access to the Services if we suspect that you have failed to comply with these Terms, pose an unacceptable fraud risk to us, or if you provide any false, incomplete, inaccurate or misleading information. We will not be liable to you for any losses that you incur in connection with our closure or suspension of your account. Additionally, if your merchant account does not have a paid transaction for more than twelve consecutive months, Product reserves the right to suspend your account, disabling processing capabilities.
4.13 If your Arf account is closed, you agree: (a) to continue to be bound by these Terms, (b) to immediately stop using the Services, (c) that the license provided under these Terms shall end, (d) that we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers, and (e) that we shall not be liable to you or any third party for termination of access to the Services or for deletion of your information or account data.
4.14 You agree to indemnify the Product, its affiliated and related entities, and any of its officers, directors, employees and agents from and against any claims, costs, losses, liabilities, damages, expenses and judgments of any and every kind (including, without limitation, costs, expenses, and reasonable attorneys’ fees) arising out of, relating to, or incurred in connection with any claim, complaint, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Services; (c) the products or services sold by you through the Services, including but not limited to any claims for false advertising, product defects, personal injury, death or property damage; or (d) any other party’s access or use of the Services with your account information.
4.15 You may not transfer or assign these Terms, or any rights granted by these Terms. You agree and acknowledge that we may assign or transfer these Terms.
4.16 Should any provision of these Terms be determined to be invalid or unenforceable under any law, rule, or regulation, such determination will not affect the validity or enforceability of any other provision of this Agreement.
4.17 Our failure to assert any right or provision in these Terms shall not constitute a waiver of such right or provision, and no waiver of any term shall be deemed a further or continuing waiver of such or other term.
4.18 Neither you nor we will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications, utility, or power failures, equipment failures, labor strife, riots, war, nonperformance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control; provided that the party has procedures reasonably suited to avoid the effects of such acts.
4.19 You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection your use of our software and services ("Taxes"). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction.