Terms and Conditions
This document was last updated on September 5, 2018
PlasmaPay services are provided by Plasma Alliance OÜ, an Estonia entity. Plasma Alliance OÜ is not a regulated financial services provider.
1. Basic Services
1.1. Eligibility. To be eligible to use the PlasmaPay Services, you must be at least 18 years old. Your eligibility to access certain PlasmaPay Services also depends on the country in which you reside. Before using, learn about possible restrictions in accordance with the laws of your residence country.
Important note: PlasmaPay does not accept any users in the USA (residents and citizens), Japan, Brazil, Turkey, Canada (including Ontario & Quebec), Democratic People’s Republic of Korea (North Korea), Iran, Cuba, Albania, Sudan and Syria.
If you are travelling to any of these countries, you acknowledge that our services may be unavailable and/or blocked in such countries. PlasmaPay reserves the right to impose additional requirements or conditions before accepting users residing in or from specific countries in its sole discretion.
1.2. Electronic Signatures and Agreement(s). You acknowledge and agree that by clicking the “I agree” button or similar buttons or links as may be designated by PlasmaPay to show your approval of any foregoing texts, the use of the Services (as defined below), you are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through our websites and platforms. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
1.3. PlasmaPay Services. Your PlasmaPay account (“PlasmaPayAccount”) encompasses the following basic PlasmaPay services: one or more Digital Currency wallets that allow users to store certain supported digital currencies, like Bitcoin, Litecoin or Ethereum (“DigitalCurrency”), and to track, transfer, and manage their supported Digital Currencies (the “DigitalCurrencyWallet”); Digital Currency conversion services through which users can buy and sell supported Digital Currencies in transactions with PlasmaPay (the “ExchangeServices”); and a Fiat Currency (e.g. USD, EUR, RUB) account for use in connection with other PlasmaPay Services (a “CurrencyWallet”) and for eligible users, a Digital Currency exchange service (collectively the “PlasmaPayServices”).
The risk of loss in trading or holding Digital Currency can be substantial. You should therefore carefully consider whether trading or holding Digital Currency is suitable for your financial condition.
2. Creating a PlasmaPay Account
2.1. Registration of PlasmaPay Account. In order to use any of the PlasmaPay Services, you must first register by providing your full name, E-mail address, password, and affirming your acceptance of this Agreement. PlasmaPay may, in our sole discretion, refuse to allow you to establish a PlasmaPay Account, or limit the number of PlasmaPay Accounts that a single user may establish and maintain at any time.
2.2. Identity Verification. In order to use certain features of the PlasmaPay Services, including certain transfers of Digital Currency and/or government-issued currency (“FiatCurrency”), you will be required to provide PlasmaPay with certain personal information, including, but not limited to, your full name, address, phone number, E-mail address, date of birth, taxpayer identification number, government identification number, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update PlasmaPay if any information changes.
You hereby authorize PlasmaPay to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
3. Digital Currency Wallet
3.1. General. The Digital Currency Wallet services allow you to deposit, withdrawal and store supported Digital Currency to instructions you provide through the PlasmaPay Site (each such transaction is a “DigitalCurrencyTransaction”).
PlasmaPay reserves the right to refuse to process or to cancel any pending Digital Currency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits PlasmaPay cannot reverse a Digital Currency Transaction which has been broadcast to a Digital Currency network. The Digital Currency Wallet services are available only in connection with those Digital Currencies that PlasmaPay, in its sole discretion, decides to support. The Digital Currencies that PlasmaPay supports may change from time to time. If you have any questions about which Digital Currencies PlasmaPay currently supports, please visit support (online chat). Under no circumstances should you attempt to use your Digital Currency Wallet services to store, deposit, or withdrawal digital currencies in any form that are not supported by PlasmaPay. PlasmaPay assumes no responsibility or liability in connection with any attempt to use PlasmaPay Services for digital currencies that PlasmaPay does not support.
3.2. Digital Currency Transactions. PlasmaPay processes supported Digital Currency according to the instructions received from its users and we do not guarantee the identity of any user, or other party. You should verify all transaction information prior to submitting instructions to PlasmaPay. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your PlasmaPay Account balance or be available to conduct transactions. PlasmaPay may charge network fees (miner fees) to process a Digital Currency transaction on your behalf. PlasmaPay will calculate the network fee in its discretion, although PlasmaPay will always notify you of the network fee at or before the time you authorize the transaction.
3.3. Digital Currency Storage and Transmission Delays. PlasmaPay securely stores Digital Currency Hot Wallets’ private keys in our control in a combination of online and offline storage. As a result, it may be necessary for PlasmaPay to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Currency Transaction for 48 hours or more. You acknowledge and agree that a Digital Currency Transaction facilitated by PlasmaPay may be delayed.
3.4 Digital Currency Protocols. PlasmaPay does not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the PlasmaPay platforms, you acknowledge and agree (i) that PlasmaPay is not responsible for operation of the underlying protocols and that PlasmaPay makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/b “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Currency you store in the PlasmaPay platform. In the event of a fork, you agree that PlasmaPay may temporarily suspend PlasmaPay operations (with or without advance notice to you) and that PlasmaPay may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that PlasmaPay assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
4. Exchange Services
4.1. In General. Eligible users in certain jurisdictions may buy or sell supported Digital Currency through the Exchange Services. The Exchange Services are subject to the PlasmaPay “ExchangeRate” for the given transaction. “ExchangeRate” means the price of a given supported Digital Currency amount in terms of Fiat Currency or other Digital Currency as quoted on the PlasmaPay Site. The Exchange Rate is stated either as a “BuyPrice” or as a “SellPrice”, which is the price in terms of Fiat Currency or Digital Currency at which you may buy or sell supported Digital Currency to PlasmaPay. You acknowledge that the Buy Price Exchange Rate may not be the same as the Sell Price Exchange Rate at any given time, and that PlasmaPay may add a margin or “spread” to the quoted Exchange Rate. You agree, as a condition of using any PlasmaPay Exchange Services, to accept the Exchange Rate as the sole conversion metric. PlasmaPay reserves the right to delay any Exchange Service transaction if it perceives a risk of fraud or illegal activity. PlasmaPay does not guarantee the availability of its Exchange Service, and the act of purchasing supported Digital Currency from PlasmaPay does not result in a guarantee that you may sell your supported Digital Currency to PlasmaPay.
4.2. Purchase Transactions. After successfully completing the verification procedures, you may purchase supported Digital Currency by linking a valid payment method. You authorize PlasmaPay to initiate debits from your selected payment method(s) in settlement of purchase transactions. Exchange Fee
(defined below) applies to all purchase transactions. Although PlasmaPay will attempt to deliver supported Digital Currency to you as promptly as possible, funds may be debited from your selected payment method before Digital Currency is delivered to your PlasmaPay Account. We will make best efforts to fulfill all transactions, but in the rare circumstance where PlasmaPay cannot fulfill your purchase order, we will notify you and seek your approval to fulfill the purchase order at the contemporaneous Buy Price Exchange Rate. To secure the performance of your obligations under this Agreement, you grant to PlasmaPay a lien on and security interest in and to the balances in your account.
4.3. Sale Transactions. After successfully completing the verification procedures, you may sell supported Digital Currency by linking a valid payment method. You authorize PlasmaPay to debit your PlasmaPay Account(s) and initiate payments to your selected payment method(s) in settlement of sell transactions. An applicable Exchange Fee (defined below) applies to all sale transactions. Your receipt of funds will depend on the payment type and may take up to three or more business days.
4.4. Exchange Fees. Each Exchange Service transaction is subject to a fee (a “ExchangeFee”). The applicable Exchange Fee is displayed to you on the PlasmaPay Site prior to you completing a Exchange Service transaction. PlasmaPay will not process a conversion transaction if the Exchange Fee and any other associated fees, such as wire transfer fees, would exceed the value of your transaction. Payments using other methods not described below, such as wire (if permitted), are subject to different transaction fees disclosed to you before you authorize the transaction. The availability of each Payment Method depends on a number of factors, including but not limited to your location, the identification information you have provided to us, and limitations imposed by third party payment processors. PlasmaPay reserves the right to adjust its Exchange Fees and any applicable waivers at any time. We will always notify you of the Exchange Fee which applies to your transaction, both at the time of the transaction and in each receipt we issue to you.
You can view the current fee applicable to your location and payment method at our Fees page.
4.5. Reversals and Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize PlasmaPay, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including PlasmaPay balances or other linked accounts, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, insufficient funds, or similar fees charged by your payment provider.
PlasmaPay reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after funds have been debited from your account(s), if PlasmaPay suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if PlasmaPay reasonably suspects that the transaction is erroneous; or if PlasmaPay suspects the transaction relates to prohibited use or a prohibited Business as set forth below. In such instances, PlasmaPay 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 on the same terms as the cancelled transaction.
4.6. Payment Services Partners. PlasmaPay may use a third party payment processor to process any Fiat Currency payment between you and PlasmaPay, including but not limited to payments in relation to your use of the Exchange Service or deposits or withdrawals from your Currency Wallet or PlasmaPay Account.
5. Currency Wallet
5.1. Currency Wallets. All registered users may establish and fund only one Currency Wallet to facilitate transactions on the PlasmaPay platform. You are the owner of the balance of your Currency Wallet. PlasmaPay holds the balance of your Currency Wallet in dedicated custodial account with financial institution. All funds held in a Currency Wallet are held on trust by PlasmaPay for the benefit of the user, or by a licensed Electronic Money Institution on behalf of the user.
5.2. Deposits and Withdrawals. You may initiate a transfer from your linked credit card of bank account to fund a Currency Wallet. Fees may apply to deposits and withdrawals from your Currency Wallet. All fees will be clearly disclosed in your PlasmaPay account and at Fees page. For deposits, PlasmaPay will credit your Currency Wallet a corresponding amount of Fiat Currency after funds are delivered to PlasmaPay, typically within two to five business days after you authorize a deposit. For withdrawals, PlasmaPay will immediately debit your Currency Wallet when you authorize a withdrawal and funds will typically settle to you within two to five business days. Bank fees are netted out of transfers to or from PlasmaPay. We will not process a transfer if associated bank fees exceed the value of the transfer.
6. General Use, Prohibited Use, and Termination
6.1. Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the PlasmaPay Site, and related content, materials, information (collectively, the “Content”) solely for approved purposes as permitted by PlasmaPay from time to time. Any other use of the PlasmaPay Site or Content is expressly prohibited and all other right, title, and interest in the PlasmaPay Site or Content is exclusively the property of PlasmaPay and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “PlasmaPay.com”, “PlasmaPay” and all logos related to the PlasmaPay Services or displayed on the PlasmaPay Site are either trademarks or registered marks of PlasmaPay or its licensors. You may not copy, imitate or use them without PlasmaPay’s prior written consent.
6.2. Website Accuracy. Although we intend to provide accurate and timely information on the PlasmaPay Site, the PlasmaPay Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the PlasmaPay Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the PlasmaPay Site.
6.3. Third-Party Applications. If, to the extent permitted by PlasmaPay from time to time, you grant express permission to a third party to access or connect to your PlasmaPay Account, either through the third party’s product or service or through the PlasmaPay Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your PlasmaPay Account. Further, you acknowledge and agree that you will not hold PlasmaPay responsible for, and will indemnify PlasmaPay from, any liability arising out of or related to any act or omission of any third party with access to your PlasmaPay Account. You may change or remove permissions granted by you to third parties with respect to your PlasmaPay Account at any time through the Account Settings (Integrations) page on the PlasmaPay Site.
6.4. Prohibited Use. In connection with your use of the PlasmaPay Services, and your interactions with other users, and third parties you agree and represent you will not engage in any prohibited business or prohibited use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your PlasmaPay Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a prohibited use and/or a prohibited business.
6.5. Export Controls & Sanctions. Your use of the PlasmaPay Services and the PlasmaPay Site is subject to international export controls and economic sanctions requirements. By sending, receiving, buying, selling, trading or storing Digital Currency through the PlasmaPay Site or PlasmaPay Services, you represent and warrant that you will comport with those requirements. Without limiting the foregoing, you may not acquire Digital Currency or use any of the PlasmaPay Services through the PlasmaPay Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, HM Treasury’s financial sanctions regime, or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List HM Treasury’s financial sanctions regime; or (2) you intend to supply any acquired or stored Digital Currency or PlasmaPay Services to Cuba, Iran, North Korea, Sudan or Syria or any other country subject to United States embargo or HM Treasury’s financial sanctions regime (or a national or resident of one of these countries), or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, Entity List, or HM Treasury’s financial sanctions regime.
6.6. Transactions Limits. The use of all PlasmaPay Services is subject to a limit on the amount of volume, stated in Fiat Currency terms, you may transact or transfer in a given period (e.g., daily). Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. PlasmaPay reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request at support (online chat). We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with PlasmaPay staff (such process, “AdvancedDueDiligence”). PlasmaPay reserves the right to charge you costs and fees associated with Advanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your
limits or we may lower your limits at a subsequent time even if you have completed Advanced Due Diligence.
6.7. Suspension, Termination, and Cancellation. PlasmaPay may: (a) suspend, restrict, or terminate your access to any or all of the PlasmaPay Services, and/or (b) deactivate or cancel your PlasmaPay Account if:
- We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
- We reasonably suspect you of using your PlasmaPay Account in connection with a prohibited use or business; orWe reasonably suspect you of using your PlasmaPay Account in connection with a prohibited use or business; or
- Use of your PlasmaPay Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with
your Account activity; or
- Our service partners are unable to support your use; or
- You take any action that PlasmaPay deems as circumventing PlasmaPay’s controls, including, but not limited to, opening multiple PlasmaPay Accounts or abusing promotions which PlasmaPay may offer from
time to time.
- You breach our Legal Agreements.
If PlasmaPay suspends or closes your account, or terminates your use of PlasmaPay Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits PlasmaPay from providing you with such notice. You acknowledge that PlasmaPay’s decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to PlasmaPay’s risk management and security protocols. You agree that PlasmaPay is under no obligation to disclose the details of its risk management and security procedures to you. You will be permitted to transfer Digital Currency or funds associated with your Digital Currency Wallet and/or your Currency Wallet for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. If PlasmaPay suspends or closes your account or terminates your use of PlasmaPay Services for any reason PlasmaPay reserves the right to require you to complete the verification procedures before permitting you with transfer or withdraw Digital Currency or Fiat Currency.
You may cancel your PlasmaPay Account at any time by withdrawing all balances and visiting support (online chat) with registering an appropriate request. You will not be charged for canceling your PlasmaPay Account, although you will be required to pay any outstanding amounts owed to PlasmaPay. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
6.8. Relationship of the Parties. PlasmaPay is an independent contractor for all purposes. Nothing in this agreement shall be deemed or is intended to be deemed, nor shall it cause, you and PlasmaPay to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or PlasmaPay to be treated as the agent of the other.
6.9. Privacy of Others and Marketing. If you receive information about another user through the PlasmaPay Services, you must keep the information confidential and only use it in connection with the PlasmaPay Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited email to a user through the PlasmaPay Services.
6.10. Password Security and Contact Information. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the PlasmaPay Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your PlasmaPay Account by third-parties and the loss or theft of any Digital Currency and/or funds held in your PlasmaPay Account and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of PlasmaPay and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your PlasmaPay Account information has been compromised, contact PlasmaPay Support immediately at [email protected].
6.11. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the PlasmaPay Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your PlasmaPay Account.
6.12. Unclaimed Property. If PlasmaPay is holding funds in your account, and PlasmaPay is unable to contact you and has no record of your use of the Services for several years, applicable law may require PlasmaPay to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, PlasmaPay will try to locate you at the address shown in our records, but if PlasmaPay is unable to locate you, it may be required to deliver any such funds to the applicable or jurisdiction as unclaimed property. PlasmaPay reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
7. Customer Feedback, Queries, Complaints, and Dispute Resolution
7.1. Contact PlasmaPay. If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at support (online chat) or write to us at PlasmaPay OU, Peterburi tee 47, Lasnamae linnaosa, Tallinn, Harju maakond 11415, Estonia.
When you contact us please provide us with your name, address, and any other information we may need to identify you, your PlasmaPay Account, and the transaction on which you have feedback, questions, or complaints.
7.2. Complaints. In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge your complaint within 24 hours of its receipt if you contact our Customer Support. A Customer Support specialist will consider your complaint without prejudice based on the information you have provided and any information provided by PlasmaPay. Within four weeks of our receipt of your complaint a Customer Support specialist will address your complaint by sending you an e-mail (“ResolutionNotice”) in which a Customer Support specialist will: (i) offer to resolve your complaint in the way your requested; (ii) make a determination rejecting your complaint and set out the reasons for the rejection; or (iii) offer to resolve your complaint with an alternative solution. Upon receipt of the Resolution Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Resolution Notice. Failure to respond to a Resolution Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. If you are late in responding to the Resolution Notice, PlasmaPay may treat your response as if it has been submitted on time.
7.3. Appeals. In the event that you reject an offer or determination (“Rejection”), please set out the reasons for the Rejection and include any additional information that you believe is pertinent to your complaint. Any Rejection will be treated as an application to appeal the offer or determination set out in the Resolution Notice. Our Customer Support Supervisor (“Supervisor”) will impartially consider your complaint (including any additional information provided). We will acknowledge your Rejection within 24 hours of its receipt if you contact us in the prescribed electronic way, and within ten business days if you contact us in any other prescribed way. Within four weeks of our receipt of the Rejection the Supervisor will address your complaint by sending you an e-mail (“FinalNotice”) in which the Supervisor will: (i) uphold the Resolution Notice; or (ii) reject the Resolution Notice. Notwithstanding its decision regarding the Resolution Notice, the Supervisor may also make a new offer to resolve the complaint. Upon receipt of the Final Notice, you will have 20 business days to accept or reject the offer or determination, which you must do by following the instructions set out in the Final Notice. PlasmaPay may extend the deadline for you to accept the offer. Failure to respond to a Final Notice will be deemed to be a withdrawal of the complaint and an acceptance that we have no liability to you regarding the subject matter of the complaint. For consumers only: if you fail to respond to a Final Notice and file a claim in a competent court, your failure may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.
7.4. Offers. Any offer made under this section 7 will only become binding on PlasmaPay if you accept the offer by following the instructions provided by PlasmaPay within the stated timeframe. Any offer under this section 7 will not constitute any admission by PlasmaPay of any wrongdoing or liability regarding the subject matter of the complaint. Any acceptance of an offer by you will constitute an acceptance that the complaint is resolved and an undertaking that you will not file a claim in any competent court against PlasmaPay regarding the subject matter of the complaint. 7.5. Claims. This provision only applies to consumers. You agree to use the complaints procedure of this section 7 before filing any claim in a competent court. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.
8. General Provisions
8.1. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from PlasmaPay. Always log into your PlasmaPay Account through the PlasmaPay Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
8.2. Limitation of Liability. IN NO EVENT SHALL PLASMAPAY, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR PLASMAPAY ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE PLASMAPAY SITE OR THE PLASMAPAY SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PLASMAPAY HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT PLASMAPAY FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITES, OR OTHER TYPES OF SPECIAL, INCIDENTIAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE PLASMAPAY SERVICES ARE PROVIDED ON AN “ASIS” AND “ASAVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLASMAPAY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. PLASMAPAY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE PLASMAPAY SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
PlasmaPay makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site. PlasmaPay will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but PlasmaPay makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
8.4. Amendments. We may amend or modify this Agreement by posting on the PlasmaPay Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party for any modification or termination of the PlasmaPay Services, or suspension or termination of your access to the PlasmaPay Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective.
8.5. Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any PlasmaPay affiliates or subsidiaries, or to any successor in interest of any business associated with the PlasmaPay Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
8.6. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
8.7 Change of Control. In the event that PlasmaPay is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
8.8 Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, PlasmaPay Account cancellation, debts owed to PlasmaPay, general use of the PlasmaPay Site, disputes with PlasmaPay, and general provisions, shall survive the termination or expiration of this Agreement.
8.9 Governing Law. This Agreement will be governed by Estonian law and the non-exclusive jurisdiction of the Estonian courts.
8.10 Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
8.11. English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
APPENDIX 1: PROHIBITED USE
You may not use your PlasmaPay Account to engage in the following categories of activity (“ProhibitedUses”). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of PlasmaPay Services involves a Prohibited Use, or have questions about how these requirements apply to you, please submit a request at support (online chat). By opening a PlasmaPay Account, you confirm that you will not use your Account to do any of the following:
- Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where PlasmaPay 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; publish, distribute or disseminate 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 PlasmaPay Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the PlasmaPay Site, other PlasmaPay Accounts, computer systems or networks connected to the PlasmaPay Site, through password mining or any other means; use PlasmaPay Account information of another party to access or use the PlasmaPay Site, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user’s PlasmaPay 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 PlasmaPay;
- Abuse Other Users: Interfere with another individual’s or entity’s access to or use of any PlasmaPay 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; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the PlasmaPay Site about others, including without limitation email addresses, without proper consent;
- Fraud: Activity which operates to defraud PlasmaPay, PlasmaPay users, or any other person; provide any false, inaccurate, or misleading information to PlasmaPay;
- 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 PlasmaPay intellectual property, name, or logo, including use of PlasmaPay trade or service marks, without express consent from PlasmaPay or in a manner that otherwise harms PlasmaPay or the PlasmaPay brand; any action that implies an untrue endorsement by or affiliation with PlasmaPay.
APPENDIX 2: VERIFICATION PROCEDURES AND LIMITS
PlasmaPay uses multi-level systems and procedures to collect and verify information about you in order to protect PlasmaPay and the community from fraudulent users, and to keep appropriate records of PlasmaPay’s customers. Your access to one or more PlasmaPay Services, and limits including daily or weekly exchange limits, deposit, withdrawal and trading limits, and limits on transactions from a linked payment method may be based on the identifying information and/or proof of identity you provide to PlasmaPay.
PlasmaPay may require you to provide additional documents or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any PlasmaPay Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your account by visiting your account’s profile page.
You may submit a request at support to request increase the limits for your account. PlasmaPay may require you to submit to Advanced Due Diligence. Additional fees and costs may apply, and PlasmaPay does not guarantee that we will raise your limits.
APPENDIX 3: DIGITAL (ONLINE) DISCLOSURE AND CONSENT.
This policy describes how PlasmaPay delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
1. Delivery of Communications. You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your PlasmaPay Account and your use of PlasmaPay Services. Communications include:
- Account details, history, transaction receipts, confirmations, and any other Account or transaction information;
- Legal, regulatory, and tax disclosures or statements we may be required to make available to you;
- Responses to claims or customer support inquiries filed in connection with your Account.
We will provide these Communications to you by posting them on the PlasmaPay website, emailing them to you at the primary email address listed in your PlasmaPay profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
2. Hardware and Software Requirements. In order to access and retain electronic Communications, you will need the following computer hardware and software:
- A device with an Internet connection;
- A current web browser that includes 128-bit encryption (e.g. Internet Explorer version 9.0 and above, Firefox version 3.6 and above, Chrome version 31.0 and above, or Safari 7.0 and above) with cookies enabled;
- A valid email address (your primary email address with PlasmaPay);
- Sufficient storage space to save past Communications or an installed printer to print them.
2. How to Withdraw Your Consent. You may withdraw your consent to receive Communications electronically by contacting us at support (online chat). If you fail to provide or if you withdraw your consent to receive Communications electronically, PlasmaPay reserves the right to immediately close your Account or charge you additional fees for paper copies.
4. Updating your Information. It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if PlasmaPay sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, PlasmaPay will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team at support (online chat).
APPENDIX 4. TERMS FOR DEVELOPERS
1. Developers API and License.
1.1. Developers API. This Agreement governs your use of any and all development applications provided by PlasmaPay, including, but not limited to PlasmaPay’s application programming interface and any accompanying or related documentation, source code, executable applications and other materials (the “PlasmaPayAPI”), and any other resources or services available at https://PlasmaPay.com/dev/trade (“PlasmaPayServices”) provided to you pursuant to this Agreement (collectively, the “DevelopersAPI”). Use of the Developers API is subject to this Part 4 and is also subject to General Use terms, including without limitation the releases, indemnities, disclaimers, limitations of liability, prohibited use, dispute resolution, and cancellation policies set forth above.
1.2. License. Subject to the terms and restrictions set forth in this Agreement, PlasmaPay provide you a limited, revocable, non-exclusive, non-transferrable and non-sublicensable license solely to use and integrate the Developers API and underlying content into your website or application (your “Application”) so that your Application can interface directly with PlasmaPay devices, applications, or services.
1.3. Restrictions and Responsibilities. By using the Developers API, you agree to the following terms:
1.3.1. You shall:
- Register for a PlasmaPay Account.
- Comply with all applicable laws, regulations, licensing requirements, and third party rights (including, without limitation, data privacy laws).
- Represent and warrant that your Application, including but not limited to the name of the Application and all content in your Application, does not infringe the Intellectual Property rights of PlasmaPay or any third party.
- Use the PlasmaPay marks only as expressly authorized in this Agreement.
- Obtain prior written approval from PlasmaPay prior to releasing any statements, written media releases, public announcements and public disclosures, including promotional or marketing materials, relating to PlasmaPay, the PlasmaPay marks, or this Agreement.
- Comply with additional verification procedures in the event that your Application seeks API Key permissions to transfer Digital Currency in an amount greater than predefined limits.
- Take steps to adequately secure your API Keys, including the measures specified at Developers Page.
1.3.2. You shall not:
- Copy, rent, lease, sell, sublicense, or otherwise transfer your Developer’s API rights to a third party.
- Alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code that is derived from the Developer’s API.
- Cache, aggregate, or store data or content accessed via the Developer’s API other than for purposes allowed under this Agreement.
- Use the Developer’s API for any Application that constitutes, promotes or is used in connection with spyware, adware, or any other malicious programs or code.
- Use the Developer’s API to encourage, promote, or participate in illegal activity, violate third party rights, including intellectual property rights or privacy rights, or engage in any prohibited use as defined in the Terms.
- Use the Developer’s API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage, or otherwise impacts the stability of PlasmaPay’s servers or impacts the behavior of other applications using the Developer’s API.
- Display Developer’s API or PlasmaPay Marks in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you or a third party and PlasmaPay, other than as expressly permitted in writing by PlasmaPay.
- Attempt to cloak or conceal your identity or your Application’s identity when requesting authorization to the Developer’s API.
1.3.3 Indemnification. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless PlasmaPay, its affiliates and their respective directors, officers, employees and agents from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) your use of the PlasmaPay API or your PlasmaPay Account in violation of this Agreement, (b) your Application that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, or (c) your failure to secure and keep secret your API key(s).
2. Intellectual Property and Ownership and Use of Marks.
As between PlasmaPay and you, the Developer’s API, PlasmaPay Marks, and all intellectual property rights therein and thereto are and shall at all times remain the sole and exclusive property of PlasmaPay and are protected by applicable intellectual property laws and treaties. You have no rights with respect to Developer’s API or PlasmaPay Marks except as expressly set forth herein. If you obtain PlasmaPay’s prior written consent, you may use and display PlasmaPay’s name and logo (“PlasmaPayMarks”) solely to attribute the Developer’s API as the source of your Application.
4. API Calls and Compliance.
PlasmaPay may set limits on the number of API calls that you can make at its sole discretion, for example in the interest of service stability. If you exceed these limits, PlasmaPay may moderate your activity or cease offering you access to the PlasmaPay APIs altogether in PlasmaPay’s sole discretion. You agree to such limitations and will not attempt to circumvent such limitations. PlasmaPay may immediately suspend or terminate your access to the Developer’s API without notice if PlasmaPay believes, in its sole discretion, that you are in violation of this Agreement or the Terms.
5. Updates and Support.
PlasmaPay may elect to provide you with support or modifications for the Developer’s API, in its sole discretion, and may terminate such support at any time without notice. PlasmaPay may change, suspend, or discontinue any aspect of the Developer’s API at any time, including the availability of any Developer’s API.
6. Security and Privacy.
6.1 Security. You will use all reasonable efforts to protect Customer Data (as defined below) collected by your Application, including without limitation any personally identifiable information, from unauthorized access or use. In the event your systems or infrastructure that are used for storage, processing or hosting Customer Data are breached or compromised, or if Customer Data is inadvertently exposed to non-authorized third parties, you shall notify PlasmaPay promptly of such a breach or exposure including root cause, remediation steps, and compensating controls to ensure such a breach does not occur in the future. You are responsible for providing customer notification under the state breach notification statutes and any other applicable privacy laws and you will bear the costs incurred by PlasmaPay resulting from your breach or exposure. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any Developer’s API or any authorized or unauthorized use of your Application.
6.3. Data Use. You will not sell any Customer Data or disclose any Customer Data to any third party. Your Application may use Customer Data only as required for use and access to your Application by the end user to whom such Customer Data relates. You shall not sublicense the Customer Data to any third party, and you shall not use or disclose any information derived directly or indirectly from the Customer Data for any purpose other than as set forth above. Without limiting the generality of the foregoing, you shall not use any part of the Customer Data to create a database separate from your Application or transmit all or part of the Customer Data to any third party for any use separate from your Application. Any use of Customer Data other than as expressly permitted by this Agreement is strictly prohibited.