FLOXYPAY Services Provider Limited., and/or its affiliates (“we,” “our,” or “us”) provides its software services through its website located at www.floxypay.io and related mobile applications and products (collectively the “Services” or “FLOXYPAY Wallet”). Before using our Services, please read the Terms of Service (the “Terms”) carefully, along with any other policies or notices on our website or mobile applications.
By accessing or using any or all of the Services, you expressly acknowledge that:
(i) you have read and understood these Terms;
(ii) you agree to be bound by these Terms; and
(iii) you are legally competent to enter into these Terms.
If you do not agree to be bound by these Terms or any updates or modifications to these Terms, you may not access or use our Services.
WE DO NOT PROVIDE INVESTMENT OR FINANCIAL ADVICE OR CONSULTING SERVICES. WE ARE SOLELY THE PROVIDER OF FLOXYPAY Wallet, AND WE DO NOT ADVISE OR MAKE RECOMMENDATIONS ABOUT ENGAGING IN DIGITAL ASSET TRANSACTIONS OR OPERATIONS. DECISIONS TO ENGAGE IN TRANSACTIONS OR PERFORM OPERATIONS INVOLVING DIGITAL ASSETS SHOULD BE TAKEN ON YOUR OWN ACCORD.
We reserve the right to update or modify these Terms at any time at our sole discretion. If we do so, we’ll let you know by either posting the revised Terms on our website, our mobile application, or other methods of communication which we deem reasonable. Such revised Terms as posted will take effect immediately unless otherwise indicated. You should regularly check our website to inform yourself of any such changes and decide whether or not to accept the revised version of these Terms.
If you continue to use FLOXYPAY Wallet following any update or modification of the Terms, you shall be deemed to have accepted the revised Terms. If you do not agree to the Terms or any update or modification to the Terms, you must cease to access or use our Services. Our Services are evolving over time, we may change or discontinue all or any part of the Services at any time and without prior notice and at our sole discretion.
To be eligible to use FLOXYPAY Wallet: (i) you must be at least eighteen (18) years old and legally competent to enter into these Terms; (ii) you must not be a resident of sanctioned jurisdictions according to any trade embargoes, UN Security Council Resolutions (“UNSCR”) or HM Treasury's financial sanctions regime; and (iii) you must not be currently the subject of or subject to economic sanctions such as the United Nations Security Council Sanctions List, the list of specially designated nationals maintained by OFAC, the denied persons or entity list of the U.S. Department of Commerce or any similar list maintained by any other relevant sanctions authority. If you are using our Services on behalf of a legal entity, you further represent and warrant that: (iv) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (v) you are duly authorized by such legal entity to act on its behalf. You can only use our Services if permitted under the laws of your jurisdiction. For the avoidance of doubt, you may not use our Services if you are located in, or a citizen or resident of any state, country, territory, or other jurisdiction where your use of our Services would be illegal or otherwise violate any applicable laws.
Please ensure that these Terms comply with all laws, rules, and regulations that apply to you. You agree that you only use our Services with legally-obtained funds that belong to you. By using FLOXYPAY Wallet, you represent and warrant that you meet all eligibility requirements outlined in these Terms. However, we may still refuse to let certain people access or use FLOXYPAY Wallet, and we reserve the right to change our eligibility criteria at any time.
FLOXYPAY Wallet is a non-custodial wallet software for digital assets such as cryptocurrencies and virtual commodities, meaning you are solely in control of and responsible for your Digital Assets and private keys. Accordingly, you can authorize transactions from your wallet address. You expressly acknowledge and agree that as FLOXYPAY Wallet is a non-custodial wallet software, you are solely responsible for your activity and any risk of loss at all times.
An encrypted backup of certain information associated with your wallet can be stored on eligible devices. The private key is associated with the wallet address, and together, they can be used to authorize the transfer of Digital Assets to and from that wallet address. You are solely responsible for the retention and security of your private key and any mnemonic phrase (“Secret Phrase”) associated with your wallet.
You must keep your wallet address, Secret Phrase, and private key access information secure. It is very important that you back up your private keys, backup phrases, or passwords. Failure to do so may result in the loss of control of Digital Assets associated with your wallet. You acknowledge and agree that we do not receive or store your wallet password, encrypted private key, unencrypted private key, or Secret Phrase associated with your wallet.
We cannot generate a new password for your wallet if you fail to remember your original password. Suppose you have not safely stored a backup of any wallet address and private key pairs maintained in your wallet. In that case, you accept and acknowledge that any Digital Assets you have associated with such wallet address will become inaccessible. Accordingly, we shall have no responsibility or liability whatsoever in the event you are unable to access your wallet for any reason, including, without limitation, your failure to keep your wallet address, Secret Phrase, and private key information secure.
Use FLOXYPAY Wallet to purchase Digital Assets with your credit or debit card. A third party will convert your chosen amount into the applicable Digital Asset and credit it to your wallet. You acknowledge and agree that:
In order for all proposed Digital Asset transactions to be completed, they must be confirmed and recorded in the Digital Asset’s associated public blockchain. Such networks are decentralized, peer-to-peer networks supported by independent third parties, which we do not own, control, or operate. We have no control over the blockchain networks and, therefore, cannot ensure that any transaction details you submit via our Services will be confirmed and processed. By using FLOXYPAY Wallet, you acknowledge and agree that:
You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that we are not responsible for any errors or omissions you make in connection with any Digital Asset transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to transfer a Digital Asset.
You must either import or create a wallet in order to use FLOXYPAY Wallet. When you create a wallet, you will be assigned a private key. You agree to immediately notify us of any unauthorized use of your private key or any other security breach of your wallet. Notwithstanding the foregoing, you acknowledge and agree that you shall assume all risks related to using the Services. You shall be solely responsible for maintaining the confidentiality and security of your private key.
You may agree to receive push notifications from FLOXYPAY Wallet that will alert you when blockchain networks supported by FLOXYPAY Wallet are congested and when transactions involving your wallet have been completed. If you would like to receive push notifications, you must opt in to the service by accessing “Settings” and enabling “Push Notifications.”
Fees applicable to the Services or any component of the Services shall be set forth at floxypay.io and/or the FLOXYPAY Wallet mobile application.
There are NO transaction fees associated with your virtual currency transactions required by the virtual currency system or blockchain network you engage with.
It is your responsibility to determine what, if any, taxes apply to the transactions you have submitted transaction details for via the Services. You are responsible for reporting and remitting the correct tax to the appropriate tax authority. You agree that we are not responsible for determining whether taxes apply to your transactions or for collecting, reporting, withholding, or remitting any taxes arising from any Digital Asset-related transactions.
In no event shall a description or reference to a third party’s product or service (including, but not limited to, or providing a description) be construed as an endorsement or promotion of such third-party products or services by us. We retain the exclusive right to add to, modify, or cancel the availability of any Third Party Service. You may agree to receive push notifications from Third Party Content providers. In order to receive push notifications, you must opt into the service.
Push notifications for Third Party Content will not automatically be enabled on your device. We do not control, endorse, or adopt any Third Party Content shared through push notifications and will have no responsibility for Third Party Content, including, but not limited to, token availability and/or sales. Suppose to the extent permitted by FLOXYPAY Wallet, you grant express permission to a third party to access or connect to your FLOXYPAY Wallet account through the third party’s product or service through FLOXYPAY Wallet. In that case, 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 these Terms. You are fully responsible for all acts or omissions of any third party with access to your wallet.
As long as you agree to and comply with the present Terms, we grant you a non-exclusive, non-sublicensable, and non-transferable license to use FLOXYPAY Wallet for your personal use or internal business use only. Except as otherwise expressly permitted in these Terms, you will not:
From time to time, you may choose to submit feedback to us. In connection with FLOXYPAY Wallet, we may freely use, copy, disclose, license, distribute, and exploit any feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise. No feedback will be considered your Confidential Information, and nothing in this Agreement limits our right to independently use, develop, evaluate, or market products or services, whether incorporating feedback or otherwise.
FLOXYPAY Wallet may contain copyrighted material and trademarks, including, but not limited to, text and graphics (the “Content”), which is protected by copyright law, registered and unregistered trademarks, and other intellectual property rights. Unless otherwise provided, we exclusively own the Content. Your use of FLOXYPAY Wallet does not grant you any right, title, or interest in the Content. You agree that you will not copy, reproduce, modify, republish, upload, post, transmit, distribute, collect, sell, license, create derivative works from, or, in any other way, whether manual or automated, exploit any of the Content, in whole or in part.
You agree that you will not violate any laws when using our Services. This includes any local, provincial, state, federal, national, or international laws that may apply to you. You agree that you will not use our Services to pay for, support, or otherwise engage in any illegal activities, including, but not limited to, illegal or otherwise prohibited trade, illegal gambling, fraud, money laundering, or terrorist activities. For the avoidance of doubt, if we discover that you have violated these Terms and/or any applicable laws or regulatory requirements, including, but not limited to, the Bank Secrecy Act, we reserve all of our rights and remedies under these Terms and at law and will take all necessary actions against you. You further agree that:
(i) you will not encourage or induce any third party to engage in any of the activities prohibited under this Section; (ii) you will not impersonate someone or use or attempt to use another user’s wallet without authorization or use our Services in any manner that could interfere, disrupt, negatively affect, or inhibit other users from fully enjoying it; (iii) you will not distribute any virus or other harmful computer code through FLOXYPAY Wallet; (iv) you will not take any action that may impose an unreasonable or disproportionately large load on our or any of our third-party providers’ infrastructure; (v) you will not reverse engineer or bypass, circumvent, or attempt to bypass or circumvent any measures that we may use to prevent or restrict access to the Services, including, without limitation, other accounts, computer systems, or networks connected to the Services; and (vi) you will not violate, misappropriate or infringe the rights of FLOXYPAY Wallet, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights. Although we have no obligation to monitor any user content, we have absolute discretion to take any necessary actions at any time, and for any reason, without notice, in the event you breach these Terms.
Any use of FLOXYPAY Wallet other than as specifically authorized in these Terms without our prior written permission is strictly prohibited. We shall have the right to terminate your license to use FLOXYPAY Wallet immediately without notice. You acknowledge and accept that using the Services may expose you to offensive, indecent, or objectionable content. We take no responsibility and assume no liability for any user content, including any loss or damage to any of your user content.
You acknowledge and agree that we have no control over and no duty to take any action regarding:
(i) failures, disruptions, errors, or delays in the processing of Digital Assets that you may experience while using the Services; (ii) the risk of failure of hardware, software, and Internet connections; (iii) the risk of malicious software being introduced or found in the software underlying FLOXYPAY Wallet; (iv) the risk that third parties may obtain unauthorized access to information stored within your wallet, including, but not limited to, your wallet address, private key, and Secret Phrase; and (v) the risk of unknown vulnerabilities in or unanticipated changes to the applicable blockchain networks.
You release us from all liability related to any losses, damages, or claims arising from (a) user error such as forgotten passwords, incorrectly constructed transactions, or mistyped Digital Asset addresses; (b) server failure or data loss; (c) unauthorized access to the FLOXYPAY Wallet application; (d) bugs or other errors in the FLOXYPAY Wallet software; and (e) any unauthorized third party activities, including, but not limited to, the use of viruses, phishing, brute forcing, or other means of attack against FLOXYPAY Wallet. We make no representations concerning any Third Party Content contained in or accessed through our Services. Any other terms, conditions, warranties, or representations associated with such content are solely between you and such organizations and/or individuals.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY DIRECT DAMAGES OR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF YOUR ACCESS OR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO: ANY UNAUTHORIZED USE OF YOUR WALLET ADDRESS AND/OR PRIVATE KEY DUE TO YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR WALLET, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE FOUND IN THE FLOXYPAY WALLET SOFTWARE OR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION); ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK, PROVIDERS, OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THOSE THAT DO NOT PERMIT PARTICIPATION IN OUR SERVICES); ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS OUR WEBSITE, FLOXYPAY WALLET OR THE SERVICES OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE WEBSITE, FLOXYPAY WALLET APPLICATION OR ANY OTHER ASPECT OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE HUNDRED U.S. DOLLARS ($USD100.00) OR ITS EQUIVALENT IN THE LOCAL CURRENCY OF THE APPLICABLE JURISDICTION.
FLOXYPAY WALLET IS PROVIDED "AS IS" AND “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES AND UNDERLYING SOFTWARE OR ANY ASPECT OF THE INFORMATION, CONTENT, OR THE SERVICES, WHETHER PROVIDED OR OWNED BY US, OR BY ANY THIRD PARTY OR CONTAINED IN ANY THIRD PARTY MATERIALS OR ON ANY THIRD PARTY WEBSITES ACCESSIBLE OR LINKED TO OUR WEBSITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR GIVE WARRANTIES THAT THE ACCESS TO THE FLOXYPAY WALLET OR USE OF THE SERVICES AND THE FUNCTIONALITY THEREOF WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers, and contractors from and against any and all claims, damages, obligations, losses, liabilities, tort, costs or debt, and expenses (including, but not limited to, attorney’s fees) arising from: (a) your use of and access to the Services; (b) any feedback or submissions you provide to us concerning FLOXYPAY Wallet; (c) violation of any Third Party Content (d) your violation of the Terms; or (e) your violation of any law, rule, or regulation, or the rights of any third party.
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arises; otherwise, your claim is permanently barred.
In the event of termination concerning your license to use FLOXYPAY Wallet, your obligations under this Agreement will still continue. Your access to the funds in your Wallet after termination will depend on your access to the backup of your Wallet address and private key.
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. You are solely responsible for storing outside of the Services a backup of any wallet address and private key pair that you maintain in your wallet. Maintaining an external backup of any wallet address and private key pairs associated with your wallet will allow you to access the blockchain network upon which your wallet is secured. Such a backup will allow you to fully restore your wallet at any time without cost or loss of your Digital Assets. If you do not maintain a backup of your wallet data outside of the Services, you cannot access the Digital Assets associated with your wallet. FLOXYPAY Wallet shall not be held responsible or liable for any loss of Digital Assets in the event that we discontinue all or any part of the Services.
Our failure to exercise or delay in exercising any right, power, or privilege under this Agreement shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.
If it turns out that any part of this Agreement is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term shall not affect or impair the validity or enforceability of any remaining part of that term, clause, or provision or any other terms, clauses, or provisions of these Terms.
You agree that we may assign any of our rights and/or transfer, sub-contract, or delegate any of our obligations under these Terms without your notice or consent. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. Your agreement to these Terms is personal to you, and you may not transfer or assign it to any third party.
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to the Terms.
This Agreement sets forth the entire understanding and agreement as to the subject matter hereof and supersedes any and all prior discussions, agreements, and understandings of any kind (including, without limitation, any prior versions of the Terms) and every nature between us. Except as provided above, any modification to these Terms must be in writing and must be signed by both parties.
Any notices or other communications provided by us under these Terms, including those regarding modifications to it, will be given by posting to the Services and/or through other electronic communication. You agree and consent to receive electronically all communications, agreements, documents, notices, and disclosures that we provide in connection with your account and your use of the Services.
If you have any questions relating to these Terms, your rights and obligations arising from these Terms, and/or your use of FLOXYPAY Wallet and our Services or any other matter, please send us a message on our contact page at [email protected].
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