TERMS AND CONDITIONS
About MoneyFi Technologies USA LLC and Services
MONEYFI TECHNOLOGIES USA LLC
1820 N Corporate Lakes Blvd suite 207-5 Weston – FL 33326.
EIN Assigned: 92-4000186
CEO: Ponceliz Sebastian (EIN: 712-78-3032).
Phone: +1 (561) 287-0446
The Services allow registered users of the Services (“Members”):
All our Services are provided without warranty of any kind, either express or implied, and, in particular, without implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that the Services, as well as the Site, will be available 100% of the time to meet your needs. We will endeavor to provide you with the Services as soon as possible, but there are no guarantees that access will not be interrupted or that there will be no delays, failures, errors, omissions, or loss of the transmitted information.
MoneyFi Technologies USA LLC Account
Opening your Account
By opening an Account, you expressly represent and warrant:
If you are a natural person, you are at least 18 years of age;
If it is a legal person or acts on behalf of a legal person, that it is properly authorized to act in the name and on behalf of the legal person, and to bind this person validly;
That you acknowledge and accept that all information provided, communicated and exchanged with you, including, but not limited to, any contractual information, resigns, marketing actions and customer service, is carried out in English and that you expressly waive any other language
How we verify your account
We expressly reserve the right to cancel and/or terminate Accounts that have not been verified by the Member despite good faith efforts by us to contact you to obtain such verification (“Unverified Accounts”). All Unverified Accounts that have been inactive for a period of 6 months or more are subject to transfer to a third-party security deposit (the “Unverified security deposit”), and will no longer be under our legal responsibility. The Unverified Security Deposit Administrator/Trustee will use additional reasonable efforts required by law to determine and contact each unverified account owner and, after adequate time and effort has been expended,
Funding your account
You may deposit funds into your Account through Bank Card deposits or Automated Clearing House (“ACH”) deposits.
If you have chosen to fund your Account via wire transfer deposits, the funds from a wire transfer deposit will be available to operate on your Account as soon as they are settled. Please note that deposit settlement times are subject to holidays, partner bank processes and your bank’s processes. Moreover, deposit settlement times may be delayed due to technical issues.
We do not accept fiat currency deposits from third party bank accounts. The name on your linked bank account must match the verified name on your MoneyFi Technologies USA LLC account. If a wire transfer is received from a third party bank account, we will immediately reject and return the transfer.
Your Account, once funded, does not and will not earn interest.
ACH payment method
If you have enabled ACH funds for your Account, the ACH deposit amount will be available for operating on your Account when receiving your deposit. We will hold deposited funds or Virtual Assets or Digital Assets purchased with them from withdrawal until deemed settled. After such funds are deemed settled, you will be able to make withdrawals again.
Please note that deposit settlement times are subject to holidays, partner bank processes and your bank’s processes. Moreover, deposit settlement times may be delayed due to technical issues.
We reserve the right to increase or decrease your daily, monthly and overall limits, or make them temporarily or permanently unavailable. This may be done without notice and at our sole discretion.
Make an electronic purchase
If you are an individual, you may make an Instant Purchase Transaction using your credit or debit card (“Card Purchase”), Google Pay, Apple Pay, or another valid form of payment available on the Platform (each of them a “Valid payment method”). The availability of Apple Pay or Google Pay (applicable only to credit or debit cards issued by Visa or Mastercard) depends on your device and your location or residence. For more information on the availability of Apple Pay, see https://www.apple.com/apple-pay/ or https://pay.google.com/ for Google Pay. The Fees we charge to process instant Purchase Transactions are detailed in our Fee Schedule.
When you make a card purchase on our website or mobile app, our card payment service provider automatically stores your card details through a tokenization process. This means that a sensitive data element (PAN card number) is replaced by a non-sensitive equivalent called a token. This tokenization process is designed to keep your data safe and secure from unauthorized access by a third party. You can only register one credit or debit card in your name.
Our designated payment service provider can save and store payment information, such as credit or debit card numbers and card expiration dates, entered by you on our website when making a Card Purchase. Such stored payment information can be used as your default payment method for other card purchases on our website or mobile app. At any time, you can delete your card information or enter new card information. If your card has expired, our payment service provider will no longer store payment information related to that card, and you will be required to provide your new card information the next time you wish to continue with a card purchase. You are responsible for keeping your card information current and accurate. You agree that MoneyFi Technologies USA LLC may update such stored information from time to time based on information provided by you, your bank or other payment service providers. You will only provide information about the payment methods you are authorized to use.
If you have any questions about how to make a purchase with a card, contact us through any of our official contact channels.
In case the exchange from fiat currency to Virtual Assets or other Digital Assets is not processed due to technical problems or high price volatility during the card purchase procedure, MoneyFi Technologies USA LLC will credit the Member’s account with fiat currency.
Maintenance of your account
Maintain your information updated
We are careful in maintaining the security of our Site and Services. By registering with us, you agree to provide MoneyFi Technologies USA LLC with current, accurate and complete information about yourself, including, for legal entities, information on directors, key personnel and beneficial owners, as well as the resolution of the company to open the Account, as requested by the registration process, and keep such information updated. If you are an individual, you also agree that you will not use any Account other than your own, or access any other Member’s Account at any time, or assist others in gaining unauthorized access.
The creation or use of Accounts without obtaining our prior and express permission will result in the immediate suspension of all such Accounts, as well as all pending purchase/sale offers. Any attempt to do so or help others (Members or otherwise), or the distribution of instructions, software or tools for that purpose, will result in the termination of such Members’ Accounts. Termination is not the exclusive remedy for such breach, and we may choose to take further action against you.
Maintain your account information confidential
You are also responsible for maintaining the confidentiality of your Account information, including your password, protecting your own Virtual Assets and Digital Assets, and all activity, including Transactions that are posted on your Account (including all Instructions for MoneyFi Technologies USA LLC). Any actions on the Site, transactions, orders, Instructions and operations initiated from your Account or using your password are considered (1) performed by you and (2) irrevocable once validated with your password or performed through your Account. If there is suspicious activity involving your Account, we may, but are not required to, request additional information from you, including authentication documents, and freeze any transactions pending our review. You are required to comply with these security requests or agree to the termination of your Account. You must notify MoneyFi Technologies USA LLC immediately of any unauthorized use of your Account or password, or any other breach of security, by email to email@example.com. Any Member who violates these rules may be fired and thereafter held liable for any losses suffered by MoneyFi Technologies USA LLC or any user of the Site and Services.
You acknowledge that you will only credit your Account to MoneyFi Technologies USA LLC from a bank account in your name, and that you will direct payments from your Account to MoneyFi Technologies USA LLC only to a bank account in your name.
We reserve the right to cancel transfers made by or sent to third parties.
Maintain your virtual and digital assets safe
The role of a MoneyFi Technologies USA LLC is limited to providing you with a platform through the Services under which we act solely as a service provider, as your agent and in accordance with your Instructions for the management and transfer of Virtual Assets and other Assets digital.
We do not store Virtual Assets or other Digital Assets directly, but when you instruct us to arrange for Virtual Assets or other Digital Assets owned by you (including those purchased on your behalf) to be held until we receive further instructions from you to sell or transfer them (with any deposit of Digital Assets and/or Virtual Assets considered as an Instruction of that type), we, acting on your behalf, will appoint one or more third parties as custodians and to hold the relevant Virtual Assets or other digital assets as custodian in accordance with the authority of our agency (see below).
Notwithstanding the direct custodial relationship between the custodian(s) and you, if for any reason MoneyFi Technologies USA LLC is retained or declared to have any legal or beneficial interest in your Virtual Assets or other Digital Assets MoneyFi Technologies USA LLC will hold in trust for you all those right and interest titles that MoneyFi Technologies USA LLC has or claims to have and will not transfer or sell Virtual Assets or other Digital Assets other than in accordance with your Instructions (including any instructions required by law, regulatory authority or enforcement agencies).
In order for us to administer the Site, provide the Services and create a direct relationship between you and third party custodians to hold the relevant Virtual Assets or other Digital Assets as custodian on your behalf, you appoint MoneyFi Technologies USA LLC as your agent. With perpetual and irrevocable agency authority (except in the event of Account termination) to act as your agent to:
- Create a direct relationship of legal custody between you and an external custodian for the custody of your Virtual Assets or other digital Assets, as well as designate authorized persons within MoneyFi Technologies USA LLC to instruct said external custodians about their benefit;
- Access and/or transfer Virtual Assets or other Digital Assets as necessary for the operation of the Site and the provision of the Services, including:
- Store and maintain confidential private keys in respect of Virtual Assets or other digital Assets;
- Transfer cryptocurrency to third-party custodians (who in turn have the right to designate sub-custodians and provide custodian services to them through such sub-custodians or other representatives or agents); and
- Move cryptocurrencies between hot and cold wallets maintained by these custodians to allow sufficient liquidity in the hot wallet to support operations on the Site while providing the additional security of cold wallet storage;
- Share your information with third party custodian service providers so you can hire them to provide custodian services (see below);
- Transfer Virtual Assets and Digital Assets to a wallet or to other users of such Virtual Assets and Digital Assets off the Site;
- Carry out the following events that act, or could act as restrictions, or impact your rights:
- Termination of our relationship with you and/or your Account;
- Suspension of our relationship with you and/or your Account;
- Prohibit laundering trade and other activities;
- Require minimum trade sizes;Blocking of Accounts in certain circumstances;
- Apply service unavailability and downtime restrictions;
- Comply with the orders of enforcement agencies or regulatory actions;
- Offset any pending obligation you have with MoneyFi Technologies USA LLC, which may include the sale of Virtual Assets or other Digital Assets to cover any pending obligation you have; and
- Otherwise, act only on your instructions with respect to Virtual Assets or other Digital Assets, including with respect to:
- Any purchase or sale of Virtual Assets or other Digital Assets;
- Access to or transfer of Virtual Assets or other Digital Assets between wallets; and/or
- Any other purpose or action you indicate.
As a result of this limited agency relationship, we do not have, and you agree that we do not have, nor do we acquire any right, title or interest in any Virtual Assets or other Digital Assets that the third-party custodian holds on your behalf. (s).
We are not an intermediary, we do not acquire any right, title or interest in, and do not assume or have any right or control over, Virtual Assets or other Digital Assets or any other assets of the Member other than with respect to actions taken in accordance with our agency authority and its Instructions. As a result, we will not transfer or sell Virtual Assets or other Digital Assets other than in accordance with your Instructions (including any instructions required by law, regulatory authority or enforcement agencies).
We charge Fees for our Services. The fees are described and available on our website. We reserve the right to change our Fees at any time and at our sole discretion. You will be notified of any changes in advance through your account or email. Upon such notification, it is your responsibility to review the amended fee Schedule. Your continued use of the Site following the posting of changes’ notice to the Fees means that you accept and agree to the changes.
We will not charge you any fees other than the one established in the fee Schedule. We can not use Digital Assets and/or Virtual Assets in any way to generate revenue other than in connection with charging Fees as set forth in the fee Schedule.
Subject to applicable laws and regulations and as determined in our sole discretion, we reserve the right to offer negotiated fees, discounts or other incentives to certain customers that may not be available to all customers.
Close your account
You can close your Account at any time.
You may terminate this agreement with MoneyFi Technologies USA LLC and close your Account at any time, following the settlement of any pending Transaction.
We can close, suspend or freeze your Account upon notice.
We may, upon notice, in our sole discretion:
- Limit, suspend or terminate your access to the Service, the Site and/or your Account;
- Prohibit access to the Site and its content, services and tools;
- Delay or remove hosted content; and
- Take technical and legal steps to keep Members off the Site if we suspect that they are creating trouble or potential legal liability, infringing third-party intellectual property rights, or acting inconsistent with the letter or spirit of these Terms.
In addition, we can, in appropriate circumstances and at our discretion, suspend or terminate Member Accounts for any reason, including, but not limited to:
- Attempts to gain unauthorized access to the Site or another Member’s account or to provide assistance to others attempting to do so;
- Bypass security features of the software that limit use or protect any content;
- Use of the Service to engage in illegal activities such as money laundering, illegal gambling operations, terrorist financing, or other criminal activities;
- Non-payment or fraudulent payment of Transactions;
- Unexpected operational difficulties; or
- At the request of law enforcement or other government agencies.
Suspension or custody of an Account will not affect the payment of Fees due for past Transactions.
Upon termination or suspension, you will be required to submit valid bank account details to enable the transfer of any currency credited to your account. This bank account must be maintained by you. Virtual Assets or other Digital Assets can be transferred to a valid bank account only after conversion to a fiat currency. We will transfer the currencies as soon as possible after your request and within the timeframes we specify.
We will take care of sending you the credit balance of your Account; however, in certain circumstances, multiple intermediaries may be involved in an international payment and charges may be deducted by them or the beneficiary bank. We will use reasonable efforts to ensure that such charges are informed to you prior to submitting your payment; however, where they cannot be avoided, you acknowledge that these charges cannot always be calculated in advance and that you agree to be responsible for such charges.
After the closure of the Account, any amount less than 25 USD/EUR will not be refunded.
We reserve the right not to convert Virtual Assets or other Digital Assets into fiat and return them to a Wallet belonging to the Member.
To avoid doubts, any action taken by MoneyFi Technologies USA LLC to suspend, delay, cancel or freeze any instructions and/or suspend your Account will not affect your rights, title or interest in respect of your Virtual Assets and other Digital Assets that are kept. by a third party custodian on your behalf, but may affect the ability of MoneyFi Technologies USA LLC to execute your Instructions, which you hereby acknowledge and accept.
Risks related to fraud and scams.
At MoneyFi Technologies USA LLC, we strive to provide our clients with the highest levels of trading and account security. Since scammers and fraudsters don’t avoid trading platforms, our focus is to raise awareness among our clients about common fraudulent practices and offer suggestions on how to avoid being scammed. For more information on common fraudulent practices and tips for recognizing and avoiding scams, check out our FAQ page and blog post.
- MoneyFi Technologies USA LLC will not be responsible for any loss or damage suffered by you, due to any illegal or fraudulent activity of third parties; you are solely responsible for your behavior and use of your Account;
- MoneyFi Technologies USA LLC does not promote or operate giveaways: official promotions and referral programs are only communicated through channels owned by Bitstamp, for example, the Site;
- MoneyFi Technologies USA LLC only communicates with you via the addresses @moneyfi
- MoneyFi Technologies USA LLC will never call you unexpectedly and without notice, regardless of cause or reason;
- MoneyFi Technologies USA LLC will never ask you to reveal any of your sensitive authentication credentials, regardless of cause or reason, and will never require remote access to your device or recommend that you change your security settings;
- Your account credentials are to be used solely by you and you must not disclose your login credentials to any third party or entity. You will ensure that the email and phone number you used to register a MoneyFi Technologies USA LLC Account will be exclusively operated and kept private by you;
- You will set up 2-factor authentication only on devices that you exclusively own and control, and you will not allow anyone else to access or use the devices you use for 2-factor authentication;
- Any attempt to provide instructions to any person (Members or third parties), or the distribution of instructions, software or tools related to the onboarding process, Account operation and security measures, regardless of its purpose, may result in that the Accounts of both and the cancellation of the affected Members, at the sole discretion of MoneyFi Technologies USA LLC.
Acceptable use of our services
You agree not to use the Services to engage in criminal activity of any kind, including, without limitation, money laundering, illegal gambling, terrorist financing, malicious hacking, or any criminal or illegal activity.
You will refrain from using your Account, the Site and the Services for any use other than your personal use, unless you are a legal entity that has opened a corporate account with us.
Limited right of use
Unless otherwise specified, all materials on this Site, including, without limitation, text, graphics, logos, icons and images (“Materials”), are property of MoneyFi Technologies USA LLC and are protected by copyright, trademarks and other applicable laws. You may view, print and/or download one copy of the Materials from this Site on any computer solely for your personal, informational and/or non-commercial use, provided you comply with all copyright and other proprietary notices.
The trademarks, service marks and logos of MoneyFi Technologies USA LLC and others used on this Site (“Trademarks”) are property of MoneyFi Technologies USA LLC and their respective owners. The software, text, images, graphics, data, prices, transactions, charts, graphs, video and audio used on this Site are property of MoneyFi Technologies USA LLC. The Trademarks and Material may not be copied, reproduced, modified, republished, uploaded, posted, transmitted, scraped, collected or distributed in any form or by any means, manual or automated. The use of such Materials on any other website or networked computer environment for any other purpose is strictly prohibited; any unauthorized use may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
You agree that all information, materials and documents which, by their character and nature, a reasonable person in such circumstances would treat as confidential, will be kept confidential, and will not be shared with anyone except your employees, attorneys, accountants, relevant business advisers, group companies (if any), but all on a strict need to know basis, and then subject to the condition that they agree to keep all exchanged materials and documents confidential at all times.
Collection and use of your data
Financial regulation (REVIEW AND REPLACE BY USA)
The Services we currently provide are not regulated by the Financial Conduct Authority (“FCA”). United Kingdom crypto activity does not fall within the scope of the Financial Ombudsman Services (“FOS”) or the Financial Services Compensation Scheme (“FSCS”). As such, your Account is not protected by the FSCS, and you will not be able to turn to the FOS in case of a complaint related to the Services.
As of December 15, 2021, Ontario residents may not open new accounts on the Site.
API and widgets
We may provide access to certain parties to access specific data and information through our API (Application Programming Interface) or widgets. We may also provide widgets for your use to enter our data on your site. You are free to use them in their original state without modification or alteration.
We make no representations about the external websites that you may access through the Site, including the websites of any third party custodian service provider. From time to time, the MoneyFi Technologies USA LLC website may provide references or links to external websites. We do not control these external websites or third party sites or any of the content they contain. You agree that we are in no way responsible for any external websites referenced or linked to from the MoneyFi Technologies USA LLC website including, but not limited to, website content, policies, faults, promotions, products, opinions, advice, statements, prices, activities, advertisements, services or actions and/or any damage, loss, failure or problem caused by, related to or arising out of those sites.
Unencrypted email messages sent over the Internet are not secure, and MoneyFi Technologies USA LLC is not responsible for any damages caused by sending email messages in this manner. We suggest sending emails in encrypted formats; We invite you to send us PGP-encrypted emails. Instructions and keys for doing so are available upon request.
If you send us unencrypted or unsecure emails or other types of communications, we may respond using the same channels, and you hereby accept the risks associated with doing so.
Limitation of liability
To the extent permitted by law, MoneyFi Technologies USA LLC shall not be liable for any damages, loss of profit, loss of income, loss of business, loss of opportunity, loss of data, indirect or consequential loss, unless the loss suffered arises from gross negligence, intent or willful intent. Nothing in these terms excludes or limits the liability of either party for fraud, death or personal injury caused by negligence which cannot be limited or excluded by law. While MoneyFi Technologies USA LLC strives to provide accurate and precise information on the Site, the Site may not always be entirely accurate, complete, or current, and may include errors. MoneyFi Technologies USA LLC may change or update the Site at any time without notice, and accordingly, you should verify all information with independent sources before relying on it for any decision or action. You remain entirely responsible for your decisions and actions. Subject to the foregoing, you also agree and acknowledge that MoneyFi Technologies USA LLC has no liability whatsoever with respect to the custody of any Virtual Asset and/or Digital Asset.
Subject to the foregoing, MoneyFi Technologies USA LLC’s aggregate liability for event-based claims arising out of or in connection with a single Member’s use of the Site and/or Services, whether in contract, tort or otherwise, under no circumstances will exceed the fees paid by you. to MoneyFi Technologies USA LLC during the 12 months immediately preceding the date of any claim giving rise to such liability.
It is your responsibility to determine if, and to what extent, tax applies to any transaction you make through the Services, and to withhold, collect, report and remit the correct amounts of tax to the appropriate tax authorities. Your transaction history is available through your Account.
As a MoneyFi Technologies USA LLC Customer, you duly agree to be solely responsible for reporting any inflow and outflow of fiat or crypto assets for the purposes of your domestic tax returns and any related returns.
You assume full responsibility for determining if, and to what extent, tax applies to any transaction you make through the MoneyFi Technologies USA LLC services, for withholding, collecting, reporting and remitting the correct amounts of tax to the authorities corresponding tax and releasing MoneyFi Technologies USA LLC from any liability. In case of non-compliance with these provisions, MoneyFi Technologies USA LLC disclaims any liability arising from its client’s failure to comply with its responsibilities hereunder.