Terms of Service

Accepting the terms of service

These Terms of Service, together with any amendments, order forms, and any additional agreements you enter into with Paychant in connection with the Service (collectively, “Terms”), govern your access to the use of Paychant (“Paychant”, “we” or “our”) Sites, services, APIs, and any other software, tools, features, or functionalities provided on or in connection with our services; including without limitation the purchase and sale of digital dollars through the Paychant platform (collectively, the “Service”).

YOU SHOULD READ THE ENTIRE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THIS WEBSITE ("SITE") OR ANY OF THE SERVICES OF THIS SITE. AS USED HEREIN, "PAYCHANT" REFERS TO THE COMPANY PAYCHANT LTD. BY CLICKING TO ACCEPT AND/OR USING OUR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL OF THE TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

Paychant is not a wallet provider, exchange, broker, financial institution, or creditor. Paychant operates on a Business-to-Business-to-Consumer (B2B2C) model. We partner with businesses ("Partners") who integrate our services into their platforms to provide digital dollars services to their customers ("Customers"). To facilitate money movement and compliance functions, we work with financial institutions and service providers ("Payment Vendors"). This agreement applies to Partners, Customers, and defines our relationship with Payment Vendors that use or support the Paychant Services.

By accessing or using the Paychant Services, you agree to be bound by these Terms. If you are accessing the Paychant Services on behalf of a business (a "Business User"), these Terms apply to both you and the business.

Our Privacy Policy explains how we collect and use personal data you share with us. Each time you visit our website, apply for an account with us ("Paychant Account"), or use the Paychant Services, you consent to our collection, use, and disclosure of your personal data as outlined in our Privacy Policy. Your consent applies for as long as you use the Paychant Services.

Paychant reserves the right to change or modify these Terms at any time and in our sole discretion. If we make material changes to these Terms, we will use reasonable efforts to provide notice of such changes, such as by providing notice through the Service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Service, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference effective as of the date these Terms are updated. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Service.

Use of the Service

Your Account on Paychant will be associated with your linked digital dollars wallet address or bank/mobile money account ("Connected Account and Wallet"). By using your Connected Account and Wallet in connection with our Service, you agree that you are using that Connected Account and Wallet under the terms and conditions of the applicable provisions of the Connected Account and Wallet provider. Connected Account and Wallet are not operated by, maintained by, or affiliated with Paychant, and Paychant does not have custody or control over the contents of your Connected Account and Wallet and can not retrieve or transfer its contents. Paychant accepts no responsibility for, or liability to you, in connection with your use of a Connected Account and Wallet and makes no representations or warranties regarding how the Service will operate with any specific Connected Account and Wallet. You are solely responsible for keeping your Connected Account and Wallet secure and you should never share your Account credentials or Wallet seed phrase with anyone. If you discover an issue related to your Connected Account or Wallet, please contact your Connected Account or Wallet provider. Likewise, you are solely responsible for your Account and any associated Connected Account and Wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account, Connected Account or Wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service or your Account.

Our Service is prohibited to the following persons or entities who appear on (A) UNITED NATIONS SANCTIONS (UN); (B) AUSTRALIAN SANCTIONS; (C) BUREAU OF INDUSTRY AND SECURITY (US); (D) EU FINANCIAL SANCTIONS; (E) OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS (CANADA); (F) US DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSET CONTROL (OFAC) – SPECIALLY DESIGNATED NATIONALS (SDN); (G) UK FINANCIAL SANCTIONS (HMT); (H) US CONSOLIDATED SANCTIONS; (I) DEPARTMENT OF STATE, AECA DEBARRED LIST (US); (J) DEPARTMENT OF STATE, NONPROLIFERATION SANCTIONS (US);

Paychant may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, Paychant, in its sole discretion, may disable your Account and block your ability to access the Service until such additional information and documents are processed by Paychant. If you do not provide complete and accurate information in response to such a request, Paychant may refuse to restore your access to the Service.

Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service, or other actions that Paychant, in its sole discretion, may elect to take.

It is prohibited to use our Service if you are under eighteen (18) years old. We reserve the right to require you at any stage to provide proof of age so that Paychant can verify that you are not a Prohibited User. Prohibited Users shall be blocked from using the Service.

Account Eligibility and Use of Conduct

In order to use some or all Services, including any or all functionalities of the Site, we may require you to register at the Site and provide any requested information. As part of our registration procedure, we will conduct a verification process to the extent we deem necessary and verify your identity and eligibility to use our Services or the Site.

Paychant reserves the right to suspend certain Services, and the usage of the account until your registration data and/or identity and/or any information related to you or your account is completely verified. Verification of your account will be determined at our sole discretion. Failure to completely verify your account may result in account closure and such a decision will be made by us at our sole discretion.

You are responsible for all activities that occur under your account, and all damages caused and accept all risks of any authorized or unauthorized access to your account to the maximum extent permitted by law.

Paychant will not take any legal responsibility for losses in connection to the suspension and closure of accounts or certain Services.

If under any official request or legal obligation, we may be requested or ordered to assist with any official investigation into your account activity, we will aid such investigation by providing the information that is in our possession.

Information Sharing and Payment Service Providers

Transactions

You represent, warrant, and covenant that You will not make, provide, receive or attempt to make, provide, or receive payments from or to any person or entity that is currently subject to any U.S. sanctions administered by the Office of Foreign Assets Control (OFAC). After You have approved a transaction, it is not possible to cancel, reverse, dispute, or otherwise recover or return Your assets. Once a transaction has been initiated, Paychant has no control over the transaction and the transaction can only be accepted by confirmation via the underlying blockchain network. You assume sole responsibility for such confirmation and acknowledge that Paychant assumes no liability with respect thereto.

Fees

Paychant may apply several types of fees paid by users, the Fees may be subject to change without notice. All Fees will be included in the purchase price for digital dollars revealed to the User. At any time you are responsible for checking applicable Fees before transacting. All Fees will be non-refundable once paid. Certain transaction fees may be charged by other service providers, including your account payment service provider. If a transaction failed or expired due to lack of payment by the User no fee is charged.

Depending on how you use Paychant, either through Partner platfroms, an additional fee may be accrued for a partner. This fee will also be disclosed and you will always know what is the total amount of fees.

User may require to pay a network fee. These miner fees are automatically created by the Purchaser’s wallet and sent to the miner. Please note that these 'network Fees' in some cases called ‘gas’ are not Paychant Fees. This is a dedicated amount of cryptocurrency covering the cost of running operations on the blockchain. Such costs may change subject to factors such as network congestion and infrastructure operators’ behavior. The user is required to bear the costs of the network fee. Paychant will inform the User about the quantity of the network fee related to a particular transaction before the User decides to proceed with a transaction. You can learn more about ‘network fee’ here

Taxes

It is your sole responsibility to determine what, if any, taxes apply to your use of Paychant Services, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. Paychant is not responsible for determining whether taxes apply to your use of our Services, or for collecting, reporting, or remitting any taxes arising from any transaction.

Intellectual Property Rights

Unless otherwise indicated by us, you are not allowed to use or copy any part of Paychant or its code without Paychant’s prior explicit consent. You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for any usage of the Service. The User is entitled to use Paychant only to process transactions that may be carried out through the Pychant gateway.

Paychant logo and any other Paychant product or Service names, logos, or slogans that may appear on our Site or become accessible through the use of the Services are trademarks of Paychant and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

You may not use any trademark, product, or Service name of Paychant without our prior written permission, including without limitation any metatags or other "hidden text" utilizing any trademark, product, or service name of Paychant. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Paychant and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned through our Services are the property of their respective owners.

Financial Services Disclaimer

Paychant does not provide financial advice in any form and cannot be considered as a financial advisor company, a financial brokerage company, or an investment company or fund. No content, Services, or products available on the Site or via any form of communication may be taken as financial advice or a financial/investment recommendation.

Your account (including Wallet functionality) is not a bank account, payment account, electronic money account, or interest-bearing account and it cannot be associated with these types of accounts and their benefits, including, but not limited to, payment of interest, protection by law, deposit and investment insurance.

Security

We are committed to storing safely your data and using firewalls, antivirus software, and SSL certificates. Paychant reserves the right to make both scheduled and non-scheduled maintenance of our systems, and update and improve them without giving notice to you. During maintenance, the Services may be temporarily unavailable. However, Paychant is not responsible for any damages that may result from the interference of the Services under maintenance.

In case of violation of your account's security, we reserve the right to suspend access to the account so that we can ensure further safe and comprehensive functioning of the Services. We are not responsible for losses incurred due to such a suspension of access to the account.

Paychant will not be liable for your insecure computer and/or internet connection, it is your sole responsibility to keep your account credentials, passwords, login data, and 2FA data secure. You must keep secure your email account, phone, and other means and devices that you use to login into your Paychant account and/or authorize your transactions. Paychant does not undertake to secure any of these means and/or devices and will not be liable in the event they are breached, lost, or stolen and this results in potentially unauthorized use of your Paychant account.

In the case of unauthorized access to your account and loss of funds, Paychant does not undertake to remunerate your losses. You must personally refer to the competent authorities.

You are solely responsible for maintaining the confidentiality of your account information, including your unique login email and password, and for their use. We recommend that you never share or disclose your account information with anyone, create a complex and secure password, change your password from time to time, and always log out when finished using the account.

Blockchain Forks

With the decentralized and open source nature of virtual currencies, sudden, and new alternative Cryptocurrency may be created on the blockchain ("Forks"). Such Forks may result in multiple versions of a Cryptocurrency and could lead to the dominance of one or more such versions of a Cryptocurrency and the partial or total abandonment or loss of value of any other versions of such Cryptocurrency.

Paychant is under no obligation to support a Fork of a Cryptocurrency that you hold in your account, whether or not any resulting version of such forked Cryptocurrency is a dominant Cryptocurrency or non-dominant Cryptocurrency or holds value at or following such Fork.

If Paychant agrees, at its own sole discretion, to support a Fork of a Cryptocurrency, it will make a public announcement through the Site notifying User via email and will bear no liability for any real or potential losses that may result based on the decision to support such Fork or the timing of implementation of support.

If Paychant, at its own sole discretion, does not agree to support a Fork of a given Cryptocurrency, including the determination to support, continue to support, or cease to support any dominant Cryptocurrency or non-dominant Cryptocurrency, Paychant assumes no responsibility or liability whatsoever for any losses or other issues that might arise from an unsupported Fork of a Cryptocurrency.

Forks of Cryptocurrencies can be frequent, contentious, and unpredictable, and therefore cannot be consistently supported by Paychant. When trading or holding Cryptocurrencies using your account you should operate under the assumption that Paychant will never support any Fork of the supported Cryptocurrency.

Paychant also does not generally support any other distributions, dividends, or "airdrops" of Cryptocurrencies to wallet addresses regardless of whether or not you would have received such airdrops if you held your Cryptocurrencies outside of Paychant. Paychant may, at its sole discretion, agrees to distribute and/or support an airdrop, but it has no obligation to do so and will bear no liability to the User for failing to do so.

Note that in the event of a Fork of a Cryptocurrency, Paychant may be forced to suspend all activities relating to such Cryptocurrency, (including, but not limited to deposits, and withdrawals), of such Cryptocurrency for an extended period until Paychant has determined at its sole discretion that such functionality can be restored. This downtime will likely occur with little to no warning, and during this period of downtime, you will not be able to deposit or withdraw the Cryptocurrency subject to such Fork. Paychant assumes no responsibility or liability whatsoever for any losses or other issues that might arise from such situations.

As a general rule, Paychant does not support Forks or airdrops but will notify the User if it intends to support a specific Fork, airdrop, or other distribution or creation of a Cryptocurrency.

Indemnification

By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Paychant, and our respective past, present, and future employees, officers, directors, contractors, consultants, shareholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Paychant Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service (b) any Feedback you provide, (c) your violation or breach of any term of these Terms or applicable law, and (d) your violation of the rights of or obligations to a third party, including another user or third-party, and (e) your negligence or wilful misconduct. You agree to promptly notify Paychant of any Claims and cooperate with the Paychant Parties in defending such Claims. You further agree that the Paychant Parties shall have control of the defense or settlement of any Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND PAYCHANT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL PAYCHANT OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF PAYCHANT OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS, OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PAYCHANT ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, OR ANY PAYCHANT PRODUCTS OR SERVICES.

PAYCHANT IS NOT A CREATOR, ISSUER, OR DEVELOPER OF ANY OF THE CRYPTOCURRENCIES INDICATED ON THE SITE (INCLUDING, BUT NOT LIMITED TO, BITCOIN (BTC), ETHER (ETH), TETHER (USDT), CELO (CELO), CELO DOLLAR (CUSD). THEREFORE, PAYCHANT WILL IN NO WAY BE LIABLE FOR ANY ACTIONS OR INACTIONS OF THE CREATORS, ISSUERS, AND DEVELOPERS OF THE CRYPTOCURRENCIES AND ANY USAGE AND/OR ATTRIBUTES OF SUCH CRYPTOCURRENCIES.

Data Policy

Please refer to our Privacy Policy for information about how we collect, use, and share personal data about you. By submitting personal data through our Service, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.

Compliance with Laws

You acknowledge that Paychant is a general-purpose online service and is not specifically designed to facilitate compliance with any specific law. Your use of the Paychant in compliance with any specific law, rule, or regulation applicable to You, or other data or information You may provide or generate through the Platform is Your sole responsibility. Regardless of the jurisdiction in which You use or access Paychant, You warrant that Your use of and access to Paychant, including, without limitation, Your Content, and any other data or information You may provide or generate through Your use of or access to Paychant, will comply with all applicable laws, rules, and regulations and will not cause Paychant itself to violate any applicable law.

Termination

These Terms (subject to any future amendments) will apply as long as you have an account(s) with us. You may close your account(s) with us by contacting our support team. Once all your account(s) with us are closed, these Terms, including all terms and conditions regarding specific Services will cease to apply to you, with exception of the part of the Terms which survives the termination of the Terms (e.g. confidentiality, privacy provisions). Closure of the Account automatically terminates the provision of any Service.

Your Content may continue to exist on the Platform and be visible to Users after the termination of this Agreement unless You contact Paychant support and request deletion.

Modifications to the Service

We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the Service (or any features or parts thereof) at any time and without liability as a result.

Governing Law and Dispute Resolution

These Terms and your access to and use of the Service shall be governed by and construed and enforced in accordance with the laws of England Wales. Any disputes or disagreements between you and Paychant, arising from the use of Services and being regulated by these Terms will be brought before the competent courts sitting in the United Kingdom unless they are settled by negotiations between the Parties.

We invite you to raise your issue first by contacting our support service before bringing any legal action before the courts or, as the case may be, any other institutions. We are committed to properly investigating your matter and, where possible, offer you a solution.

Severability

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

Survival

All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by Paychant or you. Termination will not limit any of Paychant’s other rights or remedies at law or in equity.

Assignment

You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from Paychant, including by operation of law or in connection with any change of control. Paychant may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.

Customer Support

If you require further information or you would like to file a complaint, please contact our Support service via email [email protected].