Paycoinly LLC. User Agreement
This is an agreement between you and Paycoinly, LLC. ("Paycoinly"). This website and its related services are owned and operated by Paycoinly LLC. By signing up to use an account through paycoinly.com, or any associated websites, APIs, or mobile applications (collectively the "Paycoinly Site"), you agree that you have read, understood, and accepted all of the terms and conditions contained in this Agreement.
For all purposes, the English language version of this user agreement shall be the original, governing instrument. In the event of any conflict between the English language version of this user agreement and any subsequent translation into any other language, the English language version shall govern and control.
1. We reserve the right to change these Terms at any time, in our sole discretion. Any such changes in respect of your use of the Services will take effect when posted on the Website. If you have supplied us with an email address, we will also notify you by email of changes to these Terms.
2. It is your responsibility to read the Terms carefully on each occasion you use the Services. Your continuous use of the Services shall signify your acceptance to be bound by the current Terms.
3. Failure or delay by Paycoinly in enforcing or partially enforcing any provision of these Terms shall not be construed as a waiver of any rights.
1. All references to the ‘company,’ ‘us,’ ‘our,’ ‘we’ or ‘Paycoinly’ ‘paycoinly.com’ means Paycoinly LLC., a company registered under the laws of Saint Vincent and The Grenadines (Paycoinly LLC 279)
2. All references to ‘you,’ ‘your,’ or the ‘user’ mean the person or persons, using the Website and/or using the Services via the Website.
3. All references to the ‘Website’ shall include reference to all URL’s operated by Paycoinly.
4. ‘Business Day’ means a day other than a public holiday, a Saturday or a Sunday.
5. ‘Digital Currency’ means Bitcoin, Litecoin, Ethereum or any other blockchain-based currency.
6. ‘Services’ means any feature provided by us via the Website or any local application (mobile desktop or otherwise), including without limitation Wallet services and Marketplace services.
7. ‘Communication’ includes communication by email.
8. ’Vendor’ is regarded as someone who is accepting Paycoinly payments mostly via API connection.
1. You hereby accept and acknowledge that you:
a) Are of legal age to agree to these Terms.
b) Have not previously been suspended or removed from using our Services.
2. If you are using the Services on behalf of a legal entity, you further represent and warrant that;
(a)The legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization, and (ii) You are duly authorized by such legal entity to act on its behalf.
4. Jurisdiction, territorial limitations & severability
1. These Terms and your use of the Website and Services shall be governed by and construed in accordance with Saint Vincent and The Grenadines Law. Any dispute arising in connection with these Terms or your use of the Website or Services will be resolved exclusively in the courts of the Saint Vincent and The Grenadines. Nothing in these Terms shall be deemed to affect your statutory rights under Saint Vincent and The Grenadines law
2. If any part of these Terms is held by any court of Saint Vincent and The Grenadines to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected. Any headings contained in these Terms are for informational purposes only and are not enforceable provisions of these Terms
5. Privacy notice & security
1. We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence.
2. Please view our official privacy notice document: https://paycoinly.com/privacy.
6. Assumption of risk, limitations on liability & indemnity
1. You accept and acknowledge the various risks inherent to using Paycoinly developed wallet solutions (mobile, web, desktop, and all other Paycoinly solutions) including but not limited to hardware failure, software issues, internet connection failure, malicious software, third party interference leading to access to your wallet and other user data. You accept and acknowledge that Paycoinly will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Services, however caused.
2. (i) You accept and acknowledge that there are risks associated with utilizing any Digital Currency network, including, but not limited to, the risk of unknown vulnerabilities in or unanticipated changes to the network protocol.
(ii)You acknowledge and accept that Paycoinly has no control over any cryptocurrency network and will not be responsible for any harm occurring as a result of such risks.
3. We will endeavor to verify the accuracy of any information on the Website but we make no representation or warranty of any kind, express or implied, statutory or otherwise, regarding the contents of the Website, information and functions made accessible through the Website, any hyperlinks to third party websites, or the security associated with the transmission of information through the Website or any website linked to by the Website.
4. We will not be responsible or liable to you for any loss and take no responsibility for and will not be liable to you for any use of our Services, including but not limited to any losses, damages or claims arising from:
User error such as forgotten passwords, incorrectly constructed transactions, or mistyped Digital Currency addresses;
Server failure or data loss;
Corrupted Wallet files;
Chargebacks from users;
Unauthorized access to applications;
Any unauthorized third party activities, including without limitation the use of viruses, phishing, brute forcing or other means of attack against the Website or Services;
5. We make no warranty that the Website or the server that makes it available, are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on the Website.
6. Subject to 7.1 below, any and all indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under Saint Vincent and The Grenadines law.
7. We will not be liable, in contract, or tort (including, without limitation, negligence), other than where we have been fraudulent or made negligent misrepresentations.
8. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under United States law.
7. Agreement to hold Paycoinly harmless
1. You agree to hold harmless Paycoinly (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable legal fees, arising out or relating to:
1. Your use of, or conduct in connection with, our Services;
2. Any feedback or submissions you provide (see 19 below);
3. Your violation of these Terms; or
4. Violation of any rights of any other person or entity.
2. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.
8. No liability for third party services and content
1. In using our Services, you may view content or utilize 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 and will 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 parties. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.
Any advertisement of your own website placed in any section of Paycoinly such as your bio, offer terms or trade chat where buying or selling is conducted without Paycoinly escrow is strictly prohibited. If you are a registered company, advertising your company name is allowed. It is allowed to share your website that is created solely for the buyer to finish trade and that is tied to your Paycoinly trade escrow (i.e trusted 3rd party debit/credit card processing). Such websites may not contain advertisements nor contacts to your services.
Having multiple accounts within same payment method category is against the rules and will lead to a permanent ban.
When a Paycoinly user selects your offer, process the payment immediately.
Once you have accepted the payment, release the digital currency from escrow.
You are wholly responsible to comply with all laws and regulations for the jurisdiction(s) in which your exchange takes place.
5. Relationship. Nothing in these Terms is intended to nor shall create any partnership, joint venture, agency, consultancy or trusteeship, you and Paycoinly being with respect to one another independent contractors.
6. Accuracy of Information. You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that Paycoinly is not responsible for any errors or omissions that you make in connection with any Digital Currency transaction initiated via the Services, for instance, if you mistype a Wallet Address or otherwise provide incorrect information. We strongly encourage you to review your transaction details carefully before completing them via the Services
7. No Cancellations or Modifications. Once transaction details have been submitted to the Digital Currency network via the Services, the Services cannot assist you to cancel or otherwise modify your transaction details. Paycoinly has no control over any Digital Currency network and does not have the ability to facilitate any cancellation or modification requests.
8. Taxes. It is your responsibility to determine what, if any, taxes apply to the transactions for which you have submitted transaction details via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Paycoinly is not responsible for determining whether taxes apply to your Digital Currency transactions or for collecting, reporting, withholding or remitting any taxes arising from any Digital Currency transactions.
Merchants who accepts reversable payment options are doing this at their own risk as we do not provide support for this. The Merchant is fully responsible for his/her protection.
10. Termination or Account Suspension
Your account could be terminated or suspended if you do any of the following without prior warning;
1. If you cancel more than 3 trades in a day
2. If you claim to have made payment and you didn’t
3. If you file for a dispute trying to defraud the Merchant or the user
4. If you are trying to hack the system or anything related to stealing data, data scrapping from the Paycoinly platform
5. If your account has been reported with evidence for fraud or if found using Paycoinly for Illegal activities or for activities warned against in section 13
6. And anything in general which could damage the Paycoinly brand or which could affect its users at large.
11. Fees for using Paycoinly services
1. Creating a Wallet is free. Paycoinly charges no fees for all Services rendered. Our fees are subject to change and Paycoinly reserves the right to adjust its pricing and fees and at any time.
12. DATA COLLECTION, PRIVACY AND SECURITY
1 The Vendor shall comply with all Paycoinly security protocols and security advisories in effect during the terms of this Agreement. The Vendor shall be solely responsible for verifying the accuracy and completeness of all Transactions submitted and processed by Paycoinly associated with the Vendor’s account and verifying that all corresponding funds are accurately processed. The Vendor acknowledges and agrees that Paycoinly shall not be liable for any improperly processed or unauthorized Transactions or illegal or fraudulent access to the Vendor’s account, data or Transaction Data. Paycoinly’s liability for improperly processed or unauthorized Transactions solely attributable to the negligence of Paycoinly is limited pursuant to Clause 15.
2 The Vendor agrees that Paycoinly will collect, retain and disclose information and data collected from the Vendor and their customers for the purposes of providing the Payment Services. Paycoinly will use commercially reasonable efforts to safeguard data and Transaction Data transmitted while using the Payment Services,
3 The Vendor shall be solely responsible for compiling and retaining permanent records of all Transaction and data for the Vendor’s own reference. Except as otherwise provided herein, at no time shall Paycoinly have an obligation to store, retain, report or otherwise provide any copies of or access to any records of Transactions or Data collected or processed by Paycoinly.
13. Accepting Paycoinly On Your Website
You can integrate Paycoinly on your website freely to accept payments online as shown here https://paycoinly.com/api
You are prohibited from using Paycoinly to accept payments in the following industries, sites, business or in usage generally related to and not limited to;
1. Sites promoting child pornography
2. Selling guns, or promoting the sale of guns or any weapon used for war
3. Any illegal or fraudulent activity
4. Cannot be used on the darkweb or anything relating to the services provided on the darkweb.
14. Escrow Service
On Paycoinly, all funding and withdrawal activity is done via the Automatic Escrow system. This means that the Merchant (the person with the Paycoinly funds) and the User (the person who want to fund) are coming into an agreement to exchange assets. The Merchant who owns the Paycoinly funds is willing to accept another payment to forfeit the funds to the User. This is a basic exchange agreement which could also be related to Trade by Barter.
Merchant sets the payment options and he/she has the full right to choose which payment option he/she wants to receive for the release of his/her Paycoinly funds.
Using the Paycoinly Escrow feature, you agree to the following;
1 . That you trust Paycoinly to judged any dispute issue and make a conclusion which is final and cannot be settled in any Law Court.
2 . You would be willing to provide all documents as requested by the staff admin in charge of the dispute resolution if there its necessary for solving the dispute
3. As a user, starting a new Escrow for funding means you have not just agreed to this document but also you have agreed to the terms laid down by the Merchant. In terms of dispute resolution, the first document we shall refer to is the terms of trade as set by the Merchant
15. Discontinuance of services
1. We may, in our sole discretion and without cost to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
16. Suspension or termination of services
1. We may suspend or terminate your access to the Services in our sole discretion, immediately and without prior notice, and deactivate your Wallet without cost to you, including, for instance, in the event that you breach any term of these Terms. In the event of termination, your access to funds will depend on the reason for termination. We hold the right to retain your funds if we have evidence of malicious behavior or failure to comply with the User Agreement.
17. Acceptable use
1. When accessing or using the Services, you agree that you will not commit any unlawful act, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
0. Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
1. Use our 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;
2. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data;
3. Use or attempt to use another user’s Wallet without authorization;
4. 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;
5. Introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material;
6. Develop any third-party applications that interact with our Services without our prior written consent;
7. Provide false, inaccurate, or misleading information; or
8. Encourage or induce any third party to engage in any of the activities prohibited under this Section;
18. Intellectual property rights
1. Unless otherwise indicated by us, all intellectual property rights in the Website and in any content provided in connection with our Services, are the property of Paycoinly or our licensors or suppliers and are protected by applicable intellectual property laws. We do not give any implied licence for the use of the contents of the Website.
2. You accept and acknowledge that the material and content contained within the Website 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 Website. You further acknowledge that any other use of content from the Website is strictly prohibited and you agree not to infringe or enable others to infringe our intellectual property rights.
3. You agree to retain all copyright and other proprietary notices contained in the material and content within the Website on any copy you make of the material, but failing to do so shall not prejudice Paycoinly’s intellectual property rights therein.
4. You may not sell or modify the Website materials or reproduce, display, publicly perform, distribute or otherwise use the materials in any way for any public or commercial purpose. Your use of the materials on any other website or on a file-sharing or similar service for any purpose is prohibited.
5. You may not copy any material or content contained on the Website or accessible through the Website without our written permission. Any rights not expressly granted herein to use the materials contained on the Website are reserved by Paycoinly in full.
19. Feedback and user submissions
1. Paycoinly is always improving its services and the Website. If you have ideas or suggestions regarding improvements or additions to Paycoinly’s Services or the Website, Paycoinly would like to hear them; however, any submission will be subject to these Terms.
2. Under no circumstances will any disclosure of any idea or feedback, or any related material to Paycoinly or any of its subsidiaries, parents or affiliated companies, or any of their officers, directors, managers, members, shareholders, employees and agents, or any of their heirs, successors, representatives and assigns (each a ‘Paycoinly Party’ and collectively, the ‘Paycoinly Parties’) be subject to any obligation of confidentiality or expectation of compensation.
4. You further accept that Paycoinly may sub-licence any of the Paycoinly Parties to use in any way any Work and material you have submitted.
5. We have the right to remove any posting you may make to the Website, in our absolute discretion, without warning or reasons.
20. How to contact us
1. Paycoinly offers 24/7 support through live chat on paycoinly.com. You may also email [email protected]
21. Force majeure
1. If by reason of any Force Majeure Event, either you or Paycoinly is delayed or prevented from complying with any of these Terms, then such delay or non-compliance shall not be deemed to be a breach of these Terms and no loss or damage shall be claimed by you or Paycoinly by reason thereof.
22. Nature of agreement
1. These Terms constitute the entire agreement between you and Paycoinly with respect to the subject matter of these Terms and these Terms cancel and supersede any prior understandings and agreements between you and Paycoinly as to that subject matter. You may not assign any of your rights or obligations under these Terms without our prior written consent.