Website Terms
of Use

2.1. Account Registration

To use certain parts of the Site or certain MonetaPay services, you may be required to complete a registration and onboarding process and create an account (“Account”).

You may also be required to select or register a username, password, security method, or other authentication credentials, collectively referred to as “Credentials.”

Your Account and Credentials are specific to you and may not be sold, shared, transferred, assigned, or made available to another person except where expressly authorized by MonetaPay.

You are responsible for maintaining the confidentiality and security of your Credentials.

You may be held responsible for losses, damages, or unauthorized activity resulting from:

1. your disclosure of your Credentials;
2. your failure to protect your Credentials;
3. access to your Account through your systems or devices; or
4. your failure to notify MonetaPay of suspected unauthorized access.
5. ​

You must not permit any unauthorized person to use your Account or Credentials.

You must immediately notify MonetaPay if you know or suspect that your Account or Credentials have been accessed or used by another person without authorization.

2.2. Registration Data

During registration and onboarding, you must provide true, accurate, current, and complete information as requested by the Site or MonetaPay.

This information is referred to as “Registration Data.”

You must maintain and promptly update your Registration Data to keep it true, accurate, current, and complete.

If you provide information that is untrue, inaccurate, outdated, misleading, or incomplete, or if MonetaPay has reasonable grounds to suspect that the information is untrue, inaccurate, outdated, misleading, or incomplete, MonetaPay may:

1. request additional information;
2. restrict your Account;
3. suspend or terminate your Account;
4. delay, reject, or cancel transactions; and
5. refuse current or future use of the Site or any part of the services.

2.3. Responsibility for Account Activity

MonetaPay may act upon communications, instructions, requests, and transactions submitted through your Account or using your Credentials.

Except where required by applicable law, MonetaPay is not required to independently verify the actual identity or authority of every person accessing your Account using valid Credentials.

MonetaPay may, at its discretion, require additional verification of the identity or authority of a person seeking to access or operate an Account.

MonetaPay may deny access to the Account if it is not satisfied with the verification provided.

If MonetaPay considers your Account or Credentials to be insecure, compromised, or used improperly, it may immediately suspend or cancel the Account or Credentials.

You may be required to update your password, Credentials, or security procedures from time to time.

3.1. Prohibited Activities

As a condition of using the Site, you agree:

(a) not to use the Site for any purpose that is unlawful under applicable law or prohibited by these Terms;

(b) not to use the Site to distribute false, inaccurate, incomplete, fraudulent, or misleading information;

(c) not to impersonate or attempt to impersonate another person, company, organization, MonetaPay representative, or other entity;

(d)not to engage in conduct that prevents, restricts, disrupts, or inhibits another person’s ability to access or use the Site;

(e) not to defame, disparage, threaten, harass, or make obscene, derogatory, discriminatory, or offensive comments about another person;

(f) not to use the Site or its content in a manner that brings MonetaPay or another party into disrepute or exposes MonetaPay to liability;

(g) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell, publish, deep-link, create derivative works from, or otherwise commercially exploit the Site, its software, content, or materials except as expressly permitted by MonetaPay or applicable law;

(h) not to scrape, crawl, index, data-mine, or systematically collect information from the Site without prior written authorization;

(i) not to distribute viruses, malware, ransomware, spyware, malicious code, or other harmful technology through the Site;

(j) not to represent or suggest that MonetaPay endorses another business, person, product, service, token, investment, or opportunity unless MonetaPay has agreed to the endorsement in writing;

(k) not to attempt to gain unauthorized access to any part of the Site, another Account, a connected system, a database, or a network;

(l) not to interfere with the security, performance, integrity, availability, or proper operation of the Site;

(m) not to use the Site to violate anti-money laundering, counter-terrorist financing, sanctions, fraud-prevention, tax, or other applicable laws;

(n) not to use an Account to process funds on behalf of an undisclosed third party; and

(o) to remain responsible for all costs and expenses incurred in connection with your use of the Site and for keeping passwords, Credentials, security codes, and Account details confidential.

3.2. Restriction or Suspension

We reserve the right to prevent, restrict, or suspend your access to the Site if you fail to comply with these Terms, applicable Additional Terms, or applicable law.

4.1. Reservation of Rights

The Site and all intellectual-property rights in the Site, including its text, graphics, logos, trademarks, information, databases, interfaces, designs, software, source code, object code, documentation, and arrangement or compilation of content, are owned by MonetaPay, its affiliates, or its licensors.

MonetaPay and its licensors reserve all intellectual-property rights, including:

• copyrights;
• trademarks;
• trade names;
• domain names;
• design rights;
• database rights;
• patents;
• trade secrets; and
• other registered or unregistered intellectual-property rights.

4.2. No Circumvention

Nothing in these Terms grants you rights in the Site except the limited rights necessary to access and use the Site in accordance with these Terms.

You must not circumvent, alter, disable, obscure, or remove any copyright, trademark, intellectual-property, security, access-control, or proprietary notice contained in or displayed through the Site.

4.3. Trademarks

MonetaPay, MonetaPay Corp., and associated names, logos, designs, and marks are trademarks or trade names belonging to MonetaPay or its licensors.

Other trademarks and trade names may also be displayed on the Site.

The use or misuse of any trademark or other Site content except as expressly permitted by these Terms is prohibited.

Nothing contained on the Site grants, by implication, estoppel, or otherwise, a license or right to use any trademark without prior written permission from the relevant owner.

4.4. Site Materials

MonetaPay authorizes you to view, download, and print a single copy of materials and content made available through the Site for your internal or personal use and in connection with your lawful use of the Site and MonetaPay services.

You may not:

1. remove a trademark, copyright, or proprietary notice;
2. modify the materials in a misleading manner;
3. reproduce the materials for commercial distribution;
4. retransmit, republish, sell, or exploit the materials; or
5. use the materials outside the permitted purpose.

MonetaPay reserves the right to take appropriate action, including suspension, termination, and legal action, in response to unauthorized use.

5.1. Software Use

Where software is made available for download or use through the Site, that software is the copyrighted work of MonetaPay or its licensors.

You may use the software only in accordance with:

1. any applicable end-user license agreement;
2. these Terms;
3. applicable API or integration terms; and
4. applicable law.
5. ​

Unless otherwise agreed by MonetaPay in writing, the software is made available solely for your internal, lawful, and non-transferable use.

Reproduction or redistribution of software contrary to these Terms or an applicable license agreement is prohibited and may result in civil or criminal liability.

5.2. Disclaimer of Software Warranties

Software made available by MonetaPay is warranted only to the extent expressly stated in an applicable end-user license agreement or Additional Terms.

To the maximum extent permitted by law, MonetaPay disclaims all other warranties, conditions, and representations concerning the software, whether express, implied, or statutory, including warranties of:

• satisfactory quality;
• freedom from defects;
• merchantability;
• non-infringement;
• availability; and
• fitness for a particular purpose.

6.1. Your Content

(a) License

Parts of the Site may allow users to submit, upload, post, transmit, or exchange information or content, including text, documents, images, audio, video, data, instructions, and communications (“User Content”).

You retain the rights you already hold in your User Content.

By submitting User Content to the Site, you grant MonetaPay a worldwide, non-exclusive, royalty-free, transferable, assignable, and sublicensable license to:

• access;
• receive;
• host;
• store;
• reproduce;
• process;
• adapt;
• translate;
• display;
• transmit;
• distribute; and
• otherwise use

your User Content to operate, secure, improve, administer, and provide the Site and MonetaPay services.

The license applies only to the extent reasonably necessary to provide the Site and services, comply with law, enforce these Terms, protect MonetaPay’s rights, and satisfy compliance or record-retention obligations.

Each time you submit User Content, you represent that you have the rights and authority required to provide that content and grant this license.

(b) Responsibility

You understand that User Content is the responsibility of the person from whom it originates.

You are responsible for:

1. all User Content submitted through your Account;
2. ensuring that the User Content is accurate and lawful;
3. ensuring that it does not contain misleading information;
4. ensuring that it does not infringe another person’s rights; and
5. obtaining all necessary permissions and consents.

MonetaPay does not guarantee the accuracy, integrity, legality, or quality of User Content.

(c) Removal and Disclosure

MonetaPay is not obligated to pre-screen User Content.

However, MonetaPay may refuse, restrict, remove, modify, preserve, or disclose User Content where MonetaPay reasonably believes this is necessary to:

1. comply with applicable law or legal process;
2. enforce these Terms;
3. investigate fraud, sanctions, money laundering, or unauthorized activity;
4. respond to claims that User Content violates third-party rights;
5. respond to customer-support requests;
6. protect the rights, property, safety, or security of MonetaPay, its users, its service providers, or the public; or
7. meet contractual, regulatory, audit, or compliance obligations.

(d) Derived Information

To the extent permitted by applicable law, MonetaPay owns the intellectual-property rights in aggregated, anonymized, statistical, analytical, or operational information created by MonetaPay from use of the Site, provided that such information does not identify you contrary to applicable data-protection law.

6.2. Feedback and Unrequested Submissions

We welcome questions, comments, and feedback regarding the Site or these Terms (“Feedback”).

The Site and ordinary email communications may not be secure methods for submitting trade secrets, patentable ideas, confidential business plans, or other commercially sensitive information.

You should not submit information that you expect MonetaPay to treat as confidential unless a separate written confidentiality agreement applies.

6.3. License to Feedback

If you provide Feedback, you grant MonetaPay a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable right to use, reproduce, adapt, modify, incorporate, and otherwise exploit the Feedback for any lawful purpose without compensation to you.

6.4. Your Representations

Each time you submit User Content or Feedback, you represent and warrant that:

1. it is your original work or you are authorized to provide it;
2. it has been lawfully provided;
3. you have obtained all required consents;
4. it does not infringe another person’s rights; and
5. its submission does not violate applicable law.

6.5. Personal Information

Any personal information you disclose or submit to MonetaPay may be collected, used, processed, retained, transferred, and disclosed as described in our Privacy Policy and as permitted by applicable law.

6.6. Infringing Content

MonetaPay respects intellectual-property rights.

If you believe content available through the Site infringes your copyright or another intellectual-property right, please notify us using the contact information provided on the Site.

Your notice should include sufficient information to identify:

1. the protected work;
2. the allegedly infringing material;
3. the location of the material;
4. your contact information; and
5. the basis of your claim.

7.1. Reliance on Content

Although MonetaPay uses reasonable efforts to provide accurate and current information, we do not represent, warrant, or promise that information, content, materials, rates, pricing, service descriptions, or other information available through the Site will always be:

• accurate;
• complete;
• current;
• available;
• error-free;
• suitable for a particular purpose; or
• free from omissions.
• ​

Any reliance you place on information or materials available through the Site is at your own risk.

We may suspend, restrict, or terminate the operation of the Site at any time, subject to applicable law and contractual obligations.

Content and materials available on the Site are provided primarily for general informational purposes.

7.2. Advice Disclaimer

Information, materials, rates, content, and service descriptions made available through the Site are provided for informational purposes only.

They do not constitute and are not intended to provide:

• investment advice;
• financial advice;
• economic advice;
• accounting advice;
• tax advice;
• legal advice; or
• other professional advice.
• ​

You must not rely on Site content as a replacement for advice from an appropriately qualified professional.

MonetaPay is not responsible for actions or decisions taken by you solely in reliance on general Site content.

7.3. Availability of the Site

Although we seek to keep the Site available, MonetaPay does not represent, warrant, or guarantee that:

1. the Site will remain continuously available;
2. access will be uninterrupted;
3. all features will remain available;
4. transactions will always be processed without delay; or
5. the Site will be free from technical errors.

8.1. Third-Party Websites

The Site may contain hyperlinks or references to third-party websites.

These links are provided for convenience only.

MonetaPay does not control third-party websites and accepts no responsibility for their content, security, information, products, services, or availability.

The display of a hyperlink does not constitute an endorsement by MonetaPay of the third party or its website, products, or services.

Your use of a third-party website may be governed by that third party’s terms and privacy policy.

8.2. Third-Party Content

The Site may contain content supplied by third parties, including users, payment providers, banks, providers, licensors, and other service providers.

Statements and opinions contained in third-party content are solely those of the person or organization providing the content.

Such content does not necessarily reflect the views of MonetaPay.

MonetaPay is not responsible for the accuracy, completeness, legality, or reliability of third-party content.

9.1. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MonetaPay and the Indemnified Associates from losses, damages, costs, expenses, legal fees, claims, complaints, demands, actions, proceedings, obligations, fines, penalties, and liabilities arising from or relating to:

(a) your use of the Site, its information, content, materials, User Content, or MonetaPay products and services;

(b) your negligence, fraud, misconduct, or unlawful activity;

(c) your breach of these Terms or applicable Additional Terms;

(d) your violation of applicable law or third-party rights; or

(e) the activity of a person using your Account or Credentials with your authorization or due to your failure to protect them.

MonetaPay retains the right to participate in the defense and settlement of a claim with counsel of its choosing.

For the purposes of this section, “Indemnified Associates”means MonetaPay’s affiliates, subcontractors, licensors, service providers, payment partners, and their respective directors, officers, employees, agents, shareholders, parent companies, subsidiaries, successors, and permitted assigns.

10.1 General Disclaimer

You understand and agree that:

(a) your use of the Site and its information, content, materials, and User Content is at your own risk;

(b) the Site and its information, content, and materials are provided on an “as is” and “as available” basis;

(c) to the maximum extent permitted by applicable law, MonetaPay and its employees, agents, officers, directors, affiliates, service providers, payment partners, successors, and assigns make no warranty or condition of any kind, whether express, implied, statutory, or otherwise, concerning the Site or its contents;

(d) MonetaPay disclaims implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement to the maximum extent permitted by law;

(e) MonetaPay does not warrant the quality, reliability, timeliness, availability, or security of the Site;

(f) MonetaPay does not warrant that the Site will operate without interruption or error;

(g) MonetaPay assumes no responsibility for deletion, loss, corruption, or failure to properly store or access electronic files, communications, or data, except where liability cannot lawfully be excluded;

(h) you assume the risks associated with downloading or accessing data, files, software, or materials obtained from third parties through the Site; and

(i) you are responsible for maintaining appropriate safeguards, backups, cybersecurity controls, malware protection, and access controls for your systems and devices.

MonetaPay takes reasonable measures to protect the Site but does not guarantee that the Site or materials available through it will be free from viruses, malware, harmful code, attacks, or vulnerabilities.

11.1 Liability Cap

Subject to Section 11.2 and to the maximum extent permitted by applicable law, the cumulative liability of MonetaPay and the MonetaPay Parties for claims arising from or relating to:

• these Terms;
• the Site;
• Site content;
• Site materials; or
• your general use of the Site
• ​

will not exceed the amount of fees you paid directly to MonetaPay during the three-month period immediately preceding the event giving rise to the claim.

If you used the Site without paying fees directly to MonetaPay, the cumulative liability of the MonetaPay Parties will not exceed USD $10.00.

This limitation does not apply where liability cannot lawfully be excluded or limited.

11.2 Limitation of Liability

To the maximum extent permitted by applicable law, the MonetaPay Parties will not be liable for any:

• consequential damages;
• indirect damages;
• incidental damages;
• exemplary damages;
• special damages;
• punitive damages;
• business interruption;
• loss of use;
• loss or corruption of data;
• loss of revenue;
• loss of profits;
• loss of business opportunity;
• loss of goodwill;
• loss of anticipated savings; or
• cost of substitute services.
• ​

These limitations apply regardless of whether the claim arises from contract, negligence, tort, breach of privacy, statutory duty, or another theory of liability and regardless of whether the damages were foreseeable.

Nothing in these Terms excludes or limits liability for fraud, willful misconduct, gross negligence, or another liability that cannot be excluded under applicable law.

12.1 Governing Law

The Site and these Terms are governed by the laws of the State of Montana and applicable federal laws of the United States of America, without giving effect to conflict-of-law principles.

Your domicile, residence, nationality, or physical location does not change this choice of law, except where mandatory laws applicable to you provide otherwise.

13.1 Informal Resolution

If a dispute arises between you and MonetaPay in connection with these Terms, the Site, Site content, Site materials, or other MonetaPay services, you and MonetaPay agree to first consult and negotiate with each other in good faith.

The parties will attempt to reach a mutually satisfactory resolution.

If the dispute is not resolved within 60 days after written notice of the dispute is received, the dispute may be referred to binding arbitration as described below.

13.2 Binding Arbitration

Unless the courts or laws in your state, country, or jurisdiction do not permit you to agree to binding arbitration, disputes that cannot be resolved informally will be referred to and finally resolved through mandatory and binding arbitration administered by the American Arbitration Association, or another recognized arbitration provider selected by MonetaPay and permitted under applicable law.

The arbitration will be conducted under the applicable commercial arbitration rules of the selected arbitration provider.

13.3 Place and Language of Arbitration

The legal place of arbitration will be Flathead County, Montana, United States, unless the parties agree otherwise in writing.

The arbitration will be conducted by one arbitrator unless the applicable arbitration rules require otherwise.

The language of the arbitration will be English.

The existence and content of the arbitration proceedings, including documents, correspondence, evidence, orders, and awards, will remain confidential except where disclosure:

1. is reasonably required to conduct the arbitration;
2. is made to professional advisers bound by confidentiality;
3. is required to enforce an award; or
4. is required by applicable law.

13.4 Appeals

The parties’ ability to appeal or challenge an arbitration award will be limited to the grounds permitted under applicable arbitration law and the applicable arbitration rules.

13.5 Arbitration Opt-Out

You may opt out of the arbitration provisions by delivering a clear written opt-out notice to MonetaPay within 30 days after first accepting these Terms.

The notice must include:

1. your full legal name;
2. your mailing address;
3. your telephone number;
4. your email address;
5. your MonetaPay Account name or identifier, where applicable; and
6. a clear statement that you wish to opt out of the arbitration provisions.

The notice must be delivered to:

MonetaPay Corp. 1001 S Main Street, Suite 500 Kalispell, Montana 59901-5635 United States

Email: [email protected]

If you validly opt out, neither you nor MonetaPay may require the other party to participate in arbitration for the resolution of a dispute governed by these Terms.

13.6 Waiver of Class Action and Jury Trial

To the extent permitted by applicable law, you waive the right to commence or participate in any class, collective, consolidated, or representative action against MonetaPay relating to a claim covered by these Terms.

Where applicable, you also agree to opt out of class proceedings against MonetaPay.

Where a dispute is subject to binding arbitration, you and MonetaPay waive the right to a trial by jury.

13.7 Court Proceedings

If arbitration does not apply or cannot legally be enforced, any legal suit, action, or proceeding arising from or relating to these Terms will be brought exclusively in the state or federal courts having jurisdiction over Flathead County, Montana.

You and MonetaPay submit to the jurisdiction of those courts.

14.1 Force Majeure

No delay, failure, or default by MonetaPay will constitute a breach of these Terms to the extent it results from circumstances beyond MonetaPay’s reasonable control, including:

(a) war, terrorism, invasion, riots, sanctions, embargoes, or civil unrest;

(b) hurricanes, earthquakes, pandemics, epidemics, floods, fires, tsunamis, explosions, natural disasters, or other acts of nature;

(c) strikes or labor disputes;

(d) national, regional, or international emergencies;

(e) actions taken by governmental, judicial, regulatory, or public authorities;

(f) changes in law, regulation, licensing requirements, court orders, or regulatory restrictions;

(g) complete or partial governmental shutdowns;

(h) failures or shortages involving electricity, telecommunications, cloud hosting, internet infrastructure, transportation, banking networks, payment systems, blockchain networks, or liquidity providers;

(i) cyberattacks or security incidents that could not reasonably have been prevented; or

(j)other circumstances beyond MonetaPay’s reasonable control.

14.2 Survival

Sections concerning Account responsibility, intellectual property, User Content, disclaimers, indemnification, liability, governing law, dispute resolution, and all provisions that must survive to fulfil their purpose will remain effective after termination or expiration of these Terms.

14.3 No Third-Party Beneficiaries

Except as expressly stated in these Terms, the parties do not confer legal, equitable, or other rights or remedies under these Terms on any person other than the parties and their successors and permitted assigns.

The Indemnified Associates and MonetaPay Parties are third-party beneficiaries of the sections that expressly grant them rights or protections.

14.4 Relationship

The relationship between you and MonetaPay is that of independent contracting parties.

Nothing in these Terms creates:

• an agency;
• partnership;
• joint venture;
• franchise;
• employment relationship;
• fiduciary relationship; or
• other form of joint enterprise.
• ​

Neither party has authority to contract for or legally bind the other unless expressly agreed in writing.

14.5 No Waiver

MonetaPay’s failure to exercise a right or insist on compliance with a provision does not waive that right or excuse a later breach.

A waiver is effective only if made in writing by an authorized representative of MonetaPay.

14.6 Headings

The headings in these Terms are included for convenience only and do not affect their interpretation.

14.7 Severability

If a term or provision is found invalid, illegal, or unenforceable in a jurisdiction, that finding will not affect:

1. the remaining provisions; or
2. the enforceability of that provision in another jurisdiction.

Where permitted by law, the invalid provision will be modified only to the extent required to make it valid and enforceable.

14.8 Assignment

MonetaPay may assign or transfer these Terms, including its rights, interests, and obligations, in whole or in part, without your consent where permitted by applicable law.

These Terms are personal to you.

You may not assign or transfer these Terms or your rights or obligations without MonetaPay’s prior written consent.

14.9 Entire Agreement

These Terms, together with the Privacy Policy, applicable risk disclosures, Additional Terms, service agreements, account agreements, and other documents incorporated by reference, constitute the entire agreement between you and MonetaPay concerning the subject matter of these Terms.

They replace prior and contemporaneous written or oral understandings, representations, and agreements concerning the same subject matter.

14.10 Language

These Terms and related documents are prepared in English.

Translations may be provided for convenience.

Unless prohibited by applicable law, the English version will govern in the event of a conflict or inconsistency.

14.11 Enurement

These Terms will benefit and bind the parties and their respective successors and permitted assigns.

14.12 Equitable Relief

You acknowledge that a breach involving MonetaPay’s intellectual property, confidential information, security systems, or access controls may cause harm that cannot be adequately compensated through monetary damages.

MonetaPay may therefore seek an injunction, restraining order, or other equitable relief from a court of competent jurisdiction in addition to other available remedies.

14.13 Interpretation

For the purposes of these Terms:

(a) the words “include,” “includes,” and “including” mean including without limitation;

(b) the word “or” is not exclusive;

(c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms as a whole;

(d) references to an agreement, instrument, policy, or document include that document as amended or updated from time to time, to the extent permitted by its terms and applicable law;

(e) references to laws include amendments, replacements, successor legislation, and applicable regulations;

(f) headings do not affect interpretation;

(g) words in the singular include the plural and words in the plural include the singular;

(h) references to a person include an individual, company, partnership, trust, organization, association, governmental authority, or other legal entity; and

(i) references to writing or written communications include email and electronic communications unless otherwise stated.

14.14 Notices

MonetaPay may provide notices to you through:

• the Site;
• your Account;
• your registered email address;
• electronic communication; or
• your last known postal address.

You are responsible for keeping your contact information current.

Except where otherwise stated, legal notices to MonetaPay must be delivered to:

MonetaPay Corp. Company Registration Code: D1616674 1001 S Main Street, Suite 500 Kalispell, Montana 59901-5635 United States

Website: https://monetapay.finance

Email: [email protected]

Telephone: +1 45 7200 8200