Terms of Use

Eligibility & Territorial Restrictions

You may not use or access our Services if you:

• Reside in, are located in, or are a citizen of the United States; or
• Reside in, are located in, or are a citizen of any jurisdiction subject to sanctions or prohibitions imposed by the U.S. Office of Foreign Assets Control (OFAC), the United Nations, the European Union, or any other applicable sanctions authority (collectively, "Restricted Locations").

If you currently reside in or are physically located in any of these Restricted Locations, you are not permitted to open or use a Paymesh account.

Any references in these Terms to U.S.-based identification documents (e.g., driver's licenses), agencies (e.g., the Federal Deposit Insurance Corporation (FDIC), the Securities Investor Protection Corporation (SIPC)), or other U.S. regulatory bodies are provided solely for illustration or internal operations. They do not imply coverage, availability, or permission for residents of any Restricted Location (including the U.S.) to use our Services.

1. GENERAL. This outlines who is bound by this Agreement and how.

1. By accessing the Services, you agree that you have read, understood, and accepted all of the terms and conditions contained in this Agreement, as well as our Privacy Policy and Cookie Policy (collectively, "Supplemental Agreements"). These additional agreements are incorporated by reference to this Agreement (meaning you also agree to them). For example, if you access the Paymesh.com website, create a Paymesh Account, buy or sell any Digital Assets, or use the Services in any other way, you are bound to this Agreement and the Supplement Agreements.
2. You will see a number of capitalized terms in this Agreement. These capitalized terms have already been defined or will be defined in the sentence in which they are used or in Section 12 at the end of this Agreement
3. We may change the terms of this Agreement and any Supplemental Agreement at any time without prior notice. Unless specifically indicated, otherwise, any changes will take effect immediately when you are notified or they are posted in one of our Services (such as our website or mobile or desktop applications, if applicable). Your continued use of the Services means you have read and accepted these changes.
4. Paymesh may, as applicable, cause one or more of its affiliates to perform its obligations set forth herein.

2. ACCESSING THE SERVICES. This outlines how you can access and use our Services.

1. Subject to your continued compliance with this Agreement, we grant you a revocable, limited, non-exclusive, non-transferable license to access and use the Services. We may terminate this license at any time.
2. In order to use some of the Services, you will need to satisfy an onboarding process, in accordance with the terms of our Compliance Program.
   • We reserve the right to require you to provide certain information and related documentation that we may specify in our sole discretion ("Onboarding Information") in order to use our Services. For example, we may request additional information to verify your identity or source of funds. We may request personally identifiable information such as network address, name, email, residence address, telephone number, date of birth, taxpayer identification or social security number, official government-issued photo identification, and bank account information or other information we may reasonably deem helpful in satisfying our risk management or legal obligations. You authorize us, directly, or through third parties, to make any inquiries we consider necessary to verify your identity and the information you provide.
   • In providing the Onboarding Information, you represent and warrant to us that the Onboarding Information is accurate and complete, and you agree to immediately update such Onboarding Information in the event of any changes to your Onboarding Information at any time during the onboarding process or while you use the Services.
   • You shall comply with any request by us for any Onboarding Information or documents from you by no later than 14 days following the date of any such request (the "Onboarding Information Deadline"). You agree to update us of any changes to the information that you have provided to us during your onboarding process by no later than 10 days from the date that you became aware of the relevant change.
   • In the event that the requested Onboarding Information is not received by us, including by the Onboarding Information Deadline, we reserve the right to limit your use of the Services and/or charge you an administration fee and/or terminate your access.
3. We may provide you with credentials to access some of the Services, for example your Paymesh Account username. You are solely responsible for maintaining the security of your credentials. You agree that Paymesh will not be held responsible for any unauthorized access to the Services, or any harm or loss resulting from any unauthorized access using your credentials.
4. We may use the Services to communicate with you, for example via our website or mobile applications. From time to time, we may also communicate with you using the email address or telephone number you provide us. By providing your email address and telephone number, you consent to us contacting you using those forms of communication.
5. Your use of any of the Services is subject to various laws, regulations, and rules of governmental or regulatory authorities applicable to you and our Services ("Applicable Law"). You agree to always comply with all Applicable Laws.
6. Fees and Payments
   • Paymesh may charge a fee for your use of the Services or certain features of a particular Service, which will be disclosed to you prior to you agreeing to use the Service. You agree to pay any fees associated with your use of any Service or specific features. We may modify these fees at any time.
   • We may, at our discretion, use a third-party payment services provider to process your payments. Upon submitting an order, you may be directed away from the Services to a third-party website. In this event, you will be solely responsible for any actions taken on the third-party website and we shall not be liable in any way whatsoever for any damages, losses, or otherwise resulting in whole or in part from such website or provider. If you reverse a payment instruction initiated with your bank, payment services provider or equivalent or part of a transaction fails for any reason, you remain fully responsible for settling the balance and we may engage debt collectors to pursue any outstanding debt on our behalf and you will be liable for all such costs, damages and any fines or fees which we or a third-party may assess

3. GENERAL ACCOUNT OBLIGATIONS. We outline additional details regarding your use of the Services, including what you can and can't do with your Paymesh Account.

1. We may enable or disable any or all of the Services, your access to such Services or close your Paymesh Account in our sole discretion. We reserve the right to change, suspend or discontinue any aspect of the Services at any time, including hours of operation or availability, without notice and without liability. We may limit the number of Paymesh Accounts that you may create or maintain. We may also terminate or suspend any Paymesh Account that exceeds such limit, and liquidate, freeze or refund orders and funds associated with such Paymesh Account. We may limit use of a Paymesh Account to certain hardware devices and/or supported software and we do not guarantee that your Paymesh Account will be accessible through all manufacturers of electronic devices or software developers. Access to your Paymesh Account may also require certain hardware, software and security protocols, which could result in your inability to access your Paymesh Account.
2. You may close your Paymesh Account at any time and for any reason and without prior notice, however, depending on the Services available to you, we may require you to take certain additional actions in order to complete a pending transaction or provide additional information prior to closing your Paymesh Account. You are solely responsible for any fees already incurred or associated with your Paymesh Account, including but not limited to, any fees from the closing of your Paymesh Account, whether incurred directly by you from Paymesh, or incurred by Paymesh on your behalf with a third party in order to complete any such action. Please note that closing your accounts may not result in the deletion of information we hold about you or your activity.
3. You will be able to view certain details of your account history up to a specific period of time, as determined by Paymesh in our sole discretion and which may be subject to change at any time without prior notice.
4. Depending on the Services used by you, Paymesh reserves the right, at our sole discretion, to create and maintain certain records of your activity and communications relating to your Paymesh Account.
5. Paymesh may, from time-to-time, respond to requests from third parties, courts, law enforcement, regulators and policymakers by producing certain information about or relating to your use of the Services.
6. For security reasons, if we receive legal documentation confirming your death or other information leading us to believe you have died, we will close your Paymesh Account.
7. We may terminate your Paymesh Account or this Agreement at any time.
8. In connection with the provision of our Services, we may hold funds or other property that is owned by you. In the event that your property is deemed abandoned, in accordance with our legal obligations under unclaimed property laws, prior to escheating your property to the appropriate state or jurisdiction, we will attempt to notify you and provide you with an opportunity to retrieve your property. If, after we have escheated your property, you would like to claim your property, please contact the applicable state's unclaimed property administrator.

4. PLACING ORDERS FOR DIGITAL ASSETS. This outlines the process for placing orders for Digital Assets.

1. Process for submitting orders
   • The parties agree that Paymesh is the merchant of record in connection with the purchase and sale of Digital Assets as described in this Agreement.
   • We may offer you the ability to submit offers to purchase and sell Digital Assets for fiat currency or other Digital Assets subject to the terms of this Agreement, including through our On Ramp and Off Ramp products. UNLESS OTHERWISE STATED IN THE SERVICES, OR AS SET FORTH HEREIN, WHEN YOU PURCHASE OR SELL DIGITAL ASSET USING YOUR PAYMESH ACCOUNT, YOU ARE PURCHASING OR SELLING DIRECTLY FROM PAYMESH.
   • You must carefully enter and review all of the order details prior to submitting an offer to purchase or sell Digital Assets, including the quantity and offered price. Paymesh may present you with pricing for your order. If you accept the pricing displayed, you can then accept and submit the order. If you do not accept the pricing displayed, you can choose not to proceed with the order. Once you submit your order, you are bound to the terms of that order. You may not cancel, reverse or change any order once it has been submitted. If an order for a swap fails for any reason, including if we have to requote a swap quote to you because of price volatility and you reject the requote, then there will be an automatic refund to you, minus any applicable network fees.
   • For orders to purchase Digital Assets, once the order is submitted by you, and accepted by Paymesh, Paymesh will execute a corresponding debit to your chosen payment method which is linked to your Paymesh Account ("Linked Payment Method"), which, for the avoidance of doubt, can include other Digital Asset wallets. By adding a Linked Payment Method, you represent to us that you are an authorized user of that payment method. In order to purchase Digital Assets, you must have at least one Linked Payment Method associated with your Paymesh account. By initiating a purchase with your selected Linked Payment Method, you authorize us and/or our applicable third-party service providers, to charge or debit your selected Linked Payment Method for the total amount of the purchase, including without limitation all applicable fees and taxes. In the event of any refund, chargeback, or other adjustment related to your Digital Assets purchase, you authorize us to credit or deduct the amount, as applicable, from your Linked Payment Method. For orders to sell Digital Assets, once the order is created and accepted and the Digital Assets to be sold are delivered to Paymesh, Paymesh will deposit the proceeds from the sale into your Linked Payment Method.
   • Only certain payment methods are able to be linked to your Paymesh Account. Please refer to your Paymesh Account or our website for further information on acceptable payment methods.
   • Paymesh may impose a minimum holding period for any Digital Assets that you would like to buy or sell, which may last up to 7 business days. These minimum holding periods are necessary to enable us to carry out fraud prevention measures, to ensure that the fiat currency leg of any given transaction has settled, and to perform other compliance related functions. If Paymesh cannot or does not complete the order for any reason (including, without limitation, suspected fraud, price movement, market latency, order size, or any other reason in Paymesh's sole discretion), Paymesh may reject the order and notify you of such rejection and you will not be charged for a rejected order.
   • Notwithstanding anything to the contrary, Paymesh reserves the right to, in its sole discretion, suspend, delay, redirect, or cancel any transaction (including an order submitted by you and accepted by Paymesh) at any time and for any reason. For example, and without limitation, we may do so if we suspect any risk of fraud, crime, breach of this Agreement, or illicit activity. If your payment is not successful, if your payment method has insufficient funds or if you reverse a payment made from funds in your bank account, you authorize Paymesh, in its sole discretion, to either cancel the transaction or to debit your other Linked Payment Methods in any amount necessary to complete the transaction on its original terms. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, non-sufficient funds (NSF) or similar fees charged by your financial services provider. We reserve the right to refuse to process or to cancel or reverse any transaction in our sole discretion, even after funds have been debited from your Linked Payment Method(s),if we suspect the transaction meets any criteria set forth in this Agreement. In such instances, Paymesh will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or under the same terms as the canceled transaction.
   • You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Paymesh or our applicable third-party service provider for the duration of your business relationship, solely to help us identify you or your wireless device to prevent fraud. See our Privacy Policy for how we treat your data.
   • NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, WE DO NOT GUARANTEE ANY ORDER YOU SUBMIT WILL BE EXECUTED OR EXECUTED AT ANY PARTICULAR TIME AND WE WILL NOT BE RESPONSIBLE WHATSOEVER FOR ANY DELAYS OR FOR ANY ORDERS THAT ARE NOT EXECUTED.
2. Limitations on Placing Orders. To submit offers to purchase or sell Digital Assets, you must first establish a Paymesh Account, which may require you to complete certain actions pursuant to our Compliance Program. Your access to a Paymesh Account, and the ability to submit orders for Digital Assets, may not be available in all markets and jurisdictions. We may restrict or prohibit use of a Paymesh Account, including implementing transaction limits, in certain jurisdictions including Restricted Locations, in our sole discretion. We may also update these limitations at any time with or without notice to you.
3. Unauthorized Orders. You agree that you are solely responsible and liable for keeping your Paymesh Account safe and secure and for maintaining adequate security and control of your login and authentication details (including, but not limited to, your identity, and username). You agree you are solely responsible for any access to and use of the Services and your Paymesh Accounts, notwithstanding that such access or use may have been effected without your knowledge, authority or consent. You are solely responsible for all orders that occur using your Paymesh Account, including any orders and completed transactions that were not authorized by you. When an order occurs using your Paymesh Account credentials, we will assume that you authorized such an order. You agree that Paymesh will not be liable to you for any unauthorized orders, completed transactions or loss or damage resulting from any unauthorized access to your Paymesh Account.
4. Fees
   • Paymesh may charge fees for your use of the Services, including entering orders for Digital Assets. Paymesh reserves the right to adjust its pricing and fees and any applicable waivers at any time. A schedule of the types of fees, which may vary on a per transaction basis, can be found on our Pricing and Fees Disclosures page. If you are referred to us via a Partner Site, you may be charged an ecosystem fee as part of the transaction. We will always notify you of the pricing and fees which apply to your transaction before you authorize the transaction and in each confirmation and/or receipt we issue to you.
   • You agree that Paymesh may debit fees for orders from the total cost of your order. We charge a Paymesh processing fee related to our costs associated with payment processing, which fee may vary by product and payment method. We may also charge a dynamic network fee, related to our costs associated with asset transfer, and may vary depending on a number of factors, such as network congestion and operational costs. We may also charge an ecosystem fee, on behalf of some, but not all, of our third party partners. All fees will be available to you prior to your acceptance of any order or transaction.
   • Bank fees charged to Paymesh are netted out of transfers to or from Paymesh. You are responsible for paying any additional fees charged by your financial services provider. If your bank fees exceed the value of the transaction, we may reject the order.
5. Taxes. It is your responsibility to determine what, if any, taxes apply due to your use of Paymesh Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. Paymesh is not responsible for determining whether taxes apply to your Digital Assets transactions or for collecting, reporting, withholding or remitting any taxes arising from any Digital Assets transactions.
6. Wallets
   • Third Party Wallets
     • In order to use a Paymesh Account to enter orders to buy or sell Digital Assets, you must provide us with the address of one or more third-party provided digital currency wallets (a "Third Party Wallet"). You represent and warrant that you are the owner and controller of the wallet that you link to your account.
     • By providing us with the address to send purchased Digital Assets, you represent and warrant that you own and control the Third Party Wallet. Because you control your Third Party Wallet, there is no way for us to help you if you lose control over your Third Party Wallet. It is your responsibility to keep your Third Party Wallet safe from both theft and inadvertent loss. As the owner of Digital Assets in your Third Party Wallet, you bear all risk of loss of such Digital Assets.
   • Paymesh Wallets
     • As part of our Services, you may be able to create a non-custodial digital wallet that can store and transfer certain supported Digital Assets ("Paymesh Wallet"). You understand and agree that the Paymesh Wallet is a non-custodial wallet.
     • In order to create a Paymesh Wallet, you may be required to provide additional information including your phone number or email, and a one time password ("OTP"). You agree not to provide another person's phone number or email address. This Paymesh Wallet will be linked to your Paymesh account and is controlled by you.
     • When you create a Paymesh Wallet, a mnemonic phrase (aka a "seed phrase") is created with random entropy on the user device which is then used to derive a cryptographic key pair. The resultant public/private key pair represents the Paymesh Wallet and ownership of the private key is evidence of your ownership and/or possession of a specific amount of supported Digital Assets in your Paymesh Wallet. The public key is visible to all participants of a blockchain's network. This public/private key pair enables you to send and receive Digital Assets on the relevant blockchain network. The private key must be used to digitally sign transactions for any Digital Asset represented by the corresponding public key. Paymesh will not store your mnemonic or private key in its database. Instead, Paymesh utilizes a dedicated and secure data center from Amazon Web Services leveraging hardware security and proprietary technology to encrypt your mnemonic and automatically backup the encrypted wallet. You as the user retain control of your Paymesh Wallet and private key at all times. Paymesh will never request your private key. Paymesh can not directly access your mnemonic or private key. Only the email or phone number associated with the Paymesh Account can access the materials needed to decrypt the encrypted backup. This encrypted backup is only ever decrypted on your local device and is never sent or stored anywhere on the Paymesh servers. You may choose to backup and export your mnemonic at any time. You may also request that Paymesh delete any encrypted backup of your mnemonic. Please note that if you do export your mnemonic, you are solely responsible for the security of your wallet and Paymesh can not be liable for any lost or stolen data. Additionally if there is additional two-factor authentication enabled, you may be required to authenticate with a second OTP in order to access your encrypted wallet backup.
     • Once authenticated you may initiate any wallet related transaction using the Services at any time. Paymesh does not sign messages on your behalf or control the wallet on your behalf. Once authenticated you, the user can initiate any relevant blockchain transaction. Paymesh has no duty to inquire into or investigate the validity or accuracy of any transaction, though it may, at its sole discretion, inquire into or investigate such transactions. You, the user will be responsible for keeping your phone and/or email address secure and for any activity associated with your phone/email and your Paymesh Wallet. Paymesh will not be responsible if someone else accesses your phone/email and authorizes a transaction upon receipt of the OTP. You should let Paymesh know immediately if your phone has been stolen and/or your phone or email has otherwise been compromised.
     • Paymesh has no ability to access your mnemonic or any other raw private key information. We cannot unilaterally initiate a transfer of Digital Assets or otherwise access Digital Assets in your Paymesh Wallet
     • We are not your brokers, intermediaries, agents, advisors, or custodians, and we do not have a fiduciary relationship or obligation to you regarding any other decisions in connection with a Paymesh Wallet or our Services. We are not responsible for any activities that you engage in when using your Paymesh Wallet, and you should understand the risks associated with Digital Assets described in this Agreement.
7. You are solely responsible for maintaining the security of your private keys and your Third Party Wallet and your Paymesh Wallet (collectively, the "Wallets"). You acknowledge and agree, without prejudice to any other terms in this Agreement, that you bear all of the risk of any loss of access to your Wallets and any Digital Asset contained in your Wallets. Paymesh is not liable for fluctuations in the fiat currency value of Digital Assets in your Wallets. You are solely responsible for any and all transfer initiations that are initiated through such Wallets and we make no, and hereby disclaim all, representations, warranties, claims and assurances as to any transfer initiations. If you lose your keys to your Wallet, you may lose access to your Wallet and any Digital Assets contained in your Wallet.

5. NFT SPECIFIC TERMS. This outlines terms that are specific to buying and selling NFTs.

1. Notwithstanding anything to the contrary in this Agreement, if you are using the NFT Checkout and are purchasing an NFT from a third party, Paymesh may facilitate the purchase and delivery of the NFT to a Wallet.
2. We do not endorse any NFT in any way. We do not verify the authenticity and do not review (or approve) of any NFT. NFT sellers may make claims about intellectual property ownership, rarity and uniqueness, and value. It is solely your responsibility to investigate and determine the authenticity of any NFT you are considering buying, along with the accuracy of the claims made by the NFT seller. The NFT seller also determines the price, and that price may not be the true market value of the NFT. The rarity and true market value of the NFT may be subject to change, especially if minting is ongoing. Paymesh makes no representations with respect to any NFT to be purchased. You should not assume that purchasing an NFT gives you any legal rights beyond mere ownership of the underlying blockchain asset. Paymesh makes no representations as to any auxiliary rights, benefits or rewards supposedly accompanying any NFT.
3. A transaction between a buyer and a seller takes place in a peer-to-peer fashion on a public blockchain. We do not guarantee that you will receive your NFT, as there are a number of reasons why transactions may fail. For example, network congestion, a technical blockchain issue or another buyer purchases that NFT before your transaction completes on the blockchain. In case your transaction fails, Paymesh will pay for any gas fees included in the transaction.

6. PROHIBITED USE. This outlines some of the things you cannot use the Services for.

1. You may not use your Paymesh Account or any of the Services to engage in the following categories of activity ("Prohibited Use"):
   • Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, regulation, or sanctions programs administered in the countries where Paymesh conducts business, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; publishing, distributing or disseminating any unlawful material or information.
   • Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Paymesh Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Paymesh Site, other Paymesh Accounts, computer systems or networks connected to the Paymesh Site, through password mining or any other means; use Paymesh Account information of another party to access or use the Paymesh Site, except in the case of specific merchants and/or applications which are specifically authorized by a user to access such user's Paymesh Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Paymesh.
   • Abuse Other Users: Interfere with another individual's or entity's access to or use of any Paymesh Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; harvest or otherwise collect information from the Paymesh Site about others, including without limitation email addresses, without proper consent.
   • Fraud: Activity which operates to defraud Paymesh, Paymesh users, or any other person; provide any false, inaccurate, or misleading information to Paymesh.
   • Unlawful Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; or games of chance that are unlawful.
   • Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of Paymesh intellectual property, name, or logo, including use of Paymesh trade or service marks, without express consent from Paymesh or in a manner that otherwise harms Paymesh or the Paymesh brand; any action that implies an untrue endorsement by or affiliation with Paymesh.
   • Forbidden Activity: Transactions involving (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts or accessories, or (k) certain weapons or knives regulated under applicable law.
   • Unacceptable Activity: Transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler's checks or money orders, (g) involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption.

7. REPRESENTATIONS AND WARRANTIES. This outlines the representations you are making to us.

1. You represent and warrant to us that you: (a) are not located in, under the control of, or a resident of any Restricted Location or any country to which the United States has embargoed goods and services; (b) are not identified as a "Specially Designated National" by the United States Treasury Department; and (c) will not use the Services if you are prohibited by any Applicable Law from doing so.
2. When accessing or using the Services, you agree that you are solely responsible for your conduct while accessing and using our Services. Without limiting the generality of the foregoing, you agree that you shall not:
   • use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
   • use the Services to pay for, support or otherwise engage in any illegal activities, including, but not limited to illegal gambling, fraud, money laundering, or terrorist activities;
   • use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
   • use or attempt to use another person's Paymesh Account;
   • attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
   • introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
   • develop any third-party applications that interact with our Services without our prior written consent;
   • provide false, inaccurate, or misleading information; or
   • encourage or induce any other person to engage in any of the activities prohibited under this Agreement.
3. We endeavor to verify the accuracy of any information displayed, supplied, passing through or originating from the Services, but such information may not always be accurate or current. We cannot and provide no guarantee whatsoever to the timeliness, accuracy or completeness of any information (whether pricing, exchange rate or otherwise) provided in connection with any Digital Asset or your holding or trading of or in the same. Accordingly, you should independently verify all information before relying on it, and any decisions or actions taken based upon such information are your sole responsibility and you assume all liability for any such decisions or actions.
4. PAYMESH DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DATA ACCURACY, SYSTEM INTEGRATION, TITLE, NON-INFRINGEMENT AND/OR QUIET ENJOYMENT, AND ANY SERVICES PROVIDED BY PAYMESH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, (A) REGARDING THE CONTENTS OF THE SERVICES, INFORMATION AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES, ANY HYPERLINKS TO THIRD PARTY WEBSITES, OR THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICES, OR ANY WEBSITE LINKED TO THE SERVICES (B) THAT ACCESS TO THE SERVICES SHALL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, YOU ACKNOWLEDGE THAT PAYMESH MAKES NO WARRANTIES UNDER THIS AGREEMENT DIRECTLY FOR THE BENEFIT OF ANY END USER, AND THAT PAYMESH'S OBLIGATIONS UNDER THIS AGREEMENT ARE FOR THE BENEFIT OF YOU ONLY, AND NOT FOR THE BENEFIT OF ANY OTHER PERSON. IN ENTERING INTO THIS AGREEMENT, YOU REPRESENT THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION OR WARRANTY OF PAYMESH OR ITS AFFILIATES EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT.

8. INDEMNIFICATION AND LIMITATIONS OF LIABILITY. This outlines the responsibility and liability between us.

1. You agree to indemnify and hold harmless Paymesh, its affiliates, subsidiaries, directors, managers, members, officers, employees, and other customers, from any and all claims, demands, actions, damages, losses, costs or expenses, including without limitation, reasonable legal fees, arising out of or relating to your or any other person's use of your credentials or Paymesh Account in connection with: (a) use of the Services; (b) breach of this Agreement or any other agreement or policy; (c) false, incomplete, or misleading information relied upon by us to verify your identity and source of funds, where applicable; (d) violation of any Applicable Law; or (e) violation of any rights of any other person or entity; provided however, that you shall not indemnify Paymesh for claims or losses arising out of Paymesh's gross negligence or willful misconduct as determined by final order of a court of competent jurisdiction. This indemnity shall apply to your successors and assigns and shall survive any termination or cancellation of this Agreement.
2. Limitation of Liability
   • Paymesh shall not be liable to you or anyone else for any loss caused in whole or part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions, including, but not limited to, those arising from the negligence of Paymesh or contingencies beyond its control in procuring, compiling, interpreting, computing, reporting, or delivering the Services thereon or the information therein. In no event will Paymesh be liable to you or anyone else for any decision made or action taken by you in reliance on, or in connection with your use of the Services or the information therein.
   • IN NO EVENT SHALL PAYMESH, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR MORE THAN THE LOWER OF (I) THE VALUE OF THE DIGITAL ASSET AT ISSUE AND (II) $20,000 USD
   • IN NO EVENT SHALL PAYMESH, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR THE AUTHORIZED OR UNAUTHORIZED USE OF THE SERVICES, EVEN IF PAYMESH HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU BASED ON YOUR JURISDICTION OR THE GOVERNING LAW.
   • UNDER NO CIRCUMSTANCES SHALL WE BE REQUIRED TO DELIVER TO YOU ANY DIGITAL ASSETS AS DAMAGES, OR SHALL YOU BE ENTITLED TO SPECIFIC PERFORMANCE OR ANY OTHER SIMILAR REMEDY. YOU AND WE AGREE THAT ANY CALCULATIONS OF DAMAGES BASED IN ANY WAY ON THE VALUE OF DIGITAL ASSETS SHALL BE BASED ON THE LOWEST VALUE OF THE DIGITAL ASSETS DURING THE PERIOD BETWEEN THE ACCRUAL OF THE CLAIM AND THE AWARD OF DAMAGES.
   • WE SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED IN WHOLE OR IN PART BY (A) THE MALFUNCTION, UNEXPECTED FUNCTION OR UNINTENDED FUNCTION OF ANY COMPUTER OR CRYPTOCURRENCY NETWORK, INCLUDING WITHOUT LIMITATION LOSSES ASSOCIATED WITH VIRUSES, NETWORK FORKS, REPLAY ATTACKS, DOUBLE-SPEND ATTACKS, SYBIL ATTACKS, 51% ATTACKS, GOVERNANCE DISPUTES, MINING DIFFICULTY, CHANGES IN CRYPTOGRAPHY OR CONSENSUS RULES, HACKING OR CYBERSECURITY BREACHES; (B) THE CHANGE IN VALUE OF ANY CRYPTOCURRENCY; (C) ANY CHANGE IN LAW, REGULATION OR POLICY, OR (D) FORCE MAJEURE EVENT (INCLUDING BUT NOT LIMITED TO (I) ACTS OF GOD, NATURE, COURT OR GOVERNMENT; (II) FAILURE OR INTERRUPTION IN PUBLIC OR PRIVATE TELECOMMUNICATION NETWORKS, COMMUNICATION CHANNELS OR INFORMATION SYSTEMS; (III) ACTS OR OMISSIONS OF ACTS OF A PARTY FOR WHOM PAYMESH IS NOT RESPONSIBLE; (IV) DELAY, FAILURE, OR INTERRUPTION IN, OR UNAVAILABILITY OF, THIRD PARTY SERVICES AND SITES; (V) STRIKES, LOCK-OUTS, LABOUR DISPUTES, WARS, TERRORIST ACTS AND RIOTS; AND (VI) VIRUSES, MALWARES, OTHER MALICIOUS COMPUTER CODES OR THE HACKING OF PAYMESH'S SYSTEMS).
   • THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE.
   • Any and all of our indemnities and warranties (whether express or implied) are hereby excluded to the fullest extent permitted under law except as set forth in this Agreement. Nothing in this Agreement excludes or limits liability which may not be limited or excluded under Applicable Law.

9. GENERAL PROVISIONS. This outlines general and miscellaneous terms that apply to your use of the Services.

1. In connection with using the Services, you access or view content or services provided by third parties, including links to web pages and services of such parties ("Third Party Content"). We do not control, endorse or adopt any Third Party Content. We have no responsibility for Third Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction. In addition, your dealings or correspondence with such third parties are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and your use of Third Party Content is at your own risk.
2. Unless otherwise indicated by us, the Services and any other material or content provided by Paymesh, and all intellectual property rights therein, are the property of Paymesh or our licensors or suppliers. We do not give any implied license for the use of the contents of the Services. You accept and acknowledge that the material and content contained in or delivered by the Services is made available for your personal, lawful, non-commercial use only and that you may only use such material and content for the purpose of using the Services as set forth in this Agreement. Any rights not expressly granted in this Agreement to use the materials contained on or through the Services are reserved by Paymesh in full.
3. If you provide any suggestions, ideas, feedback, or recommendations to us regarding the Services ("Feedback"), we may use this Feedback for any purpose and without any obligation to you. By providing us with Feedback, you give us a worldwide, perpetual, irrevocable, transferable, sublicensable, fully-paid and royalty-free license to use and exploit in any manner any and all Feedback. By submitting Feedback, you waive any legal or other rights to the fullest extent permitted under law. In responding to Feedback, we shall use commercially reasonable efforts to supply email-based support services, but cannot guarantee immediate responses, especially during times of high volume.
4. While using our Services, you may obtain or otherwise become aware of Confidential Information about us. You may only use this Confidential Information as necessary to exercise your rights or perform your obligations in this Agreement. You agree to hold the Confidential Information in strict confidence, and to take reasonable steps to protect this Confidential Information from being accessed by unauthorized individuals, entities or other third-parties. You agree to not copy or reverse engineer, or remove any proprietary markings from any Confidential Information. You may share our Confidential Information with legal, governmental or regulatory authorities only if required by Applicable Law to do so, provided you will notify us of the request, if Applicable Law allows it.
5. A party's failure or delay to enforce, or partially enforce, any provision of this Agreement shall not be construed as a waiver of any rights.
6. In no event shall a party be considered in breach of this Agreement to the extent the party's obligations are prevented or delayed, directly or indirectly, by a Force Majeure Event, and the party's period of time for performance shall be extended until such event has ended.
7. In the event that any provision of this Agreement is unenforceable under Applicable Law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of this Agreement is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable. The provisions of this Agreement will, where possible, be interpreted so as to sustain its legality and enforceability.
8. This Agreement shall be binding on your successors, heirs, personal representatives, and assignees. You may not assign or transfer any of your rights or obligations under this Agreement without prior written consent of Paymesh, which may be withheld at Paymesh's sole discretion. We may assign rights or delegate duties under this Agreement at our sole discretion.
9. You and Paymesh are independent contractors for the purposes of this Agreement. Nothing in this Agreement shall create any partnership, joint venture, agency, or consultancy.
10. This Agreement, along with the Supplemental Agreements, constitute the entire agreement among the parties with respect to the subject matter described in this Agreement and shall.
11. For technical support requests only, you may submit a request via our Support tool at: support@pay-mesh.com. For purposes other than technical support requests, you may contact us by registered post or courier: 8 The Green, Suite B, Dover, DE 19901. For Law Enforcement requests please direct your official document to our compliance team. Please note, however, that all formal legal documents and claims must be formally and properly served on the correct Paymesh entity according to Applicable Law.

12. DEFINITIONS. This outlines some of the capitalized terms used in this Agreement.

1. "Compliance Program" means the requirements set by Paymesh for collecting, verifying, recording and reporting information about you, upon first accessing certain Services and on an ongoing basis, whether for our business risk-management purposes or to comply with legal requirements applicable to us.
2. "Confidential Information" includes information about the our business, including product designs, product plans, software and technology, financial information, marketing plans, business opportunities, pricing information, discounts, inventions, and know-how, to the extent disclosed to you in connection with your use of the Services, and all other information that you knew, or reasonably should have known, was Confidential Information. Confidential Information includes trade secrets as defined under applicable law (which includes the Uniform Trade Secrets Act). Confidential Information does not include information that: (a) is independently developed; (b) is or becomes public knowledge through no breach of this Agreement; or (c) is received from a third party under circumstances that do not create a reasonable suspicion that such information has been misappropriated or improperly disclosed.
3. "Digital Asset" means any digital asset, NFT, tokenised asset, and Digital Currency. Digital Asset does not include a derivative of a Digital Currency, or a security, as defined under Applicable Law.
4. "Force Majeure Event" means any event beyond the party's reasonable control, including, but not limited to, flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, failure in bank performance, or equipment or software malfunction including network splits or "forks" or unexpected changes in a computer network upon which the Services rely.
5. "Paymesh Account" means an account in a customer's name kept by Paymesh for the benefit of such a customer for use in connection with the Services. For the avoidance of doubt, no Paymesh Account is associated with a Wallet unless on terms explicitly set out in this Agreement the Wallet is linked to one of the foregoing services.
6. "NFT" means the blockchain asset defining a non-fungible token, on an underlying blockchain that represents ownership of images, videos, audio files, and other forms of media or ownership of physical or digital property.
7. "NFT Checkout" means the service offered by Paymesh that facilitates the purchase of NFTs with major fiat payment methods.
8. "On Ramp" means the service offered by Paymesh whereby the customer is able to purchase Digital Assets with major fiat payment methods or swap for other Digital Assets, subject to sanctions, AML / CFT and anti-fraud controls. Once a customer "Buy Order" has been properly authorized, Paymesh delivers the purchased Digital Assets to the wallet address nominated by the customer, subject to internal controls.
9. "Off Ramp" means the service offered by Paymesh whereby the customer sells Digital Assets to Paymesh or swap for other Digital Assets, subject to sanctions, AML/CFT and anti-fraud controls. For a "Sell Order", once Digital Assets to be sold are received, Paymesh immediately converts the Digital Assets into the user's desired fiat currency and remits to their bank account, or to the desired Digital Asset, in the case of a swap.
10. "Restricted Location" means any country, US state and territory not supported by Paymesh, in addition any sanctioned country according to the up-to-date lists of the US Office of Foreign Assets Control (OFAC), the United Nations, the European Union and any EU Member State, HM Treasury (UK) or equivalent authority.

13. DIGITAL ASSET DISCLOSURES AND RISK FACTORS. This outlines some of the risks with Digital Assets.

1. As with any asset, the value of Digital Assets can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in Digital Assets. You should carefully consider whether buying, selling, trading or holding Digital Assets is suitable for you in light of your financial condition.
2. A schedule of the types of Paymesh fees, which may vary on a per transaction basis, can be found on our Pricing and Fees Disclosures page. If you are referred to us via a Partner Site, you may be charged a dynamic fee as part of the transaction. We will always notify you of the pricing and fees which apply to your transaction before you authorize the transaction and in each receipt we issue to you.
3. Digital Assets are not legal tender, are not backed by the government, and accounts and value balances are not subject to Federal Deposit Insurance Corporation or Securities Investor Protection Corporation protections. For the avoidance of doubt, Paymesh does not hold or custody your Digital Assets.
4. Transactions in Digital Assets may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable. Once you send Digital Assets to an address, you may lose access to your Digital Assets temporarily or indefinitely. For example, an address may have been entered incorrectly, or an address may belong to an entity that will not return your Digital Assets. Digital Assets mistakenly sent to an address that we do not control may not be recoverable. Paymesh is not responsible or liable for erroneous, accidental, or unauthorized Digital Asset transfers that you effectuate.
5. The nature of Digital Assets may result in an increased risk of fraud, theft, hack or cyber attack.
6. Paymesh may provide educational information about Digital Assets in order to assist users in learning more about such Digital Assets. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided through the Paymesh Services does not constitute investment, tax, legal, or other professional advice. Paymesh does not recommend, suggest, advise or endorse that you purchase or sell Digital Assets, or make any purchase of any good or service. Before engaging in any transaction or any other activity, you should consult a qualified professional. You acknowledge that (a) you are solely responsible for determining the nature, potential value, suitability, and appropriateness of these risks for you; (b) you are familiar with the operation of Digital Asset buying, selling and trading, and have the experience required to use the Services; and (c) you assume all liability and responsibility for determining whether using the Services is legal in your jurisdiction and you agree to not use any of the Services if your use is illegal or otherwise prohibited or limited by any rule or regulation. Your use of the Services requires you to assume all attendant risks and Paymesh expressly disclaims any and all liability or responsibility for any such risks. In this Agreement, we list some of the potential risks of your use of the Services and Digital Assets but this list is not intended to cover all potential risks or otherwise be comprehensive and you acknowledge that you may be subject to and liable to significant other potential risks.
7. Hardware, software or connections required to interact with a Digital Assets network might fail or succumb to malware, unauthorized access or malicious attacks. Third parties may obtain unauthorized access to the Services, including, but not limited to, your public and private keys. Paymesh shall not be liable or responsible whatsoever for any communication failures, disruptions, errors, distortions or delays or other potential adverse events or adverse consequences you may experience when using the Services, however caused.
8. Unknown vulnerabilities in or unanticipated changes to the network protocol may cause losses to you or others. Paymesh has no control over any cryptocurrency network and shall not be liable or responsible whatsoever for any harm occurring as a result of the inability to reverse a transaction, and any losses in connection therewith due to erroneous or fraudulent actions or other potential adverse events or adverse consequences you may experience.
9. When placing an order to buy or sell a Digital Asset, your order will be promptly executed at the price as offered by Paymesh. Paymesh does not make any representation, warranty or guarantee that the prices offered by Paymesh are fair market value, and may, at times, be materially higher or lower than prices available on other platforms or Digital Asset exchanges. The price you are offered by Paymesh may depend on the affiliate partner you purchase through and upon the size of your order. Additionally, the timing of transactions may be affected by matters in the blockchain and the application of the relevant protocols. Paymesh shall not be liable or responsible whatsoever for any such price differences or other potential adverse events or adverse consequences you may experience. Under certain market conditions you may find it difficult to liquidate a position. In such circumstances, the market may not have sufficient demand to meet your request to execute such a transaction.
10. Legislative, judicial and regulatory changes or actions at the State, Federal, or international level may adversely affect the use, transfer, exchange, and value of Digital Assets. It is possible that in the future, certain laws, regulations, policies or rules relating to Digital Assets may be implemented, which would directly or indirectly affect or restrict your interaction with Paymesh and your ability to use, transfer or exchange Digital Assets.
11. The value of a Digital Asset may be derived from the continued willingness of market participants to exchange fiat currency for Digital Assets, which may result in the potential for permanent and total loss of value of a particular Digital Asset should the market for that Digital Asset be materially adversely impacted or otherwise disappear.
12. There can be no assurance that a person who accepts a Digital Asset as payment today will continue to do so in the future.
13. The volatility and unpredictability of the price of Digital Assets relative to fiat currency may result in significant losses over a short period of time. In addition, price and liquidity are subject to significant fluctuations that may be unpredictable. The price (which can go up or down and even drop to zero) and liquidity of Digital Assets have been subject to large fluctuations in the past and may be subject to large fluctuations in the future.
14. By using the Services, you agree that the data sources that maintain your accounts and any third parties that interact with your credentials or account data in connection with our service are not liable for any loss, theft, compromise, or misuse whatsoever in connection with our services (including negligence), except to the extent such liability cannot be limited under Applicable Law.
15. Data sources make no warranties of any kind related to the data provided by our services, whether express, implied, statutory, or otherwise. No data provided by us is an official record of any of your accounts.