Terms of service
Last Updated - 22nd June 2026
Terms of service Last Updated - 22nd June 2026 You (“user”) agree that these terms and conditions (“Terms”) regulate your access to and use of the Services. The terms “Company,” “we,” “us” and “our” refer to Ownly Pay incorporated in Singapore. Some regulated services will be provided by Partner. If a Partner provides a different policy for a specific site, application, or service, that particular policy will take precedence. “Services' refers individually and collectively to the Platform, Partner Services, and any software services provided by us, as well as all written or electronic materials including software, graphics, data, database, text, audio, images, video, photos, or other content (“Content”), all related features, services, content and applications which the Company, Issuer, Partners and its affiliated companies may make available to you from time to time. By registering for the Services or continuing to use the Services, or website, App, or web app (“Platform”) you confirm that you have read, understood, and agreed to these Terms as well as our privacy policy listing on https://ownlypay.finance/. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICES. Important Statement: The Company is not a bank, it is a technology company. Your account is not covered by insurance against losses. Onboarding Registration. To use the Services available through our Platform, registration is necessary and the payment of a subscription-based account might be applied depending on the Service at the discretion of the Company.
During this process, you'll need to provide contact information, including a phone number and password. Once registered, you'll receive an account allowing you access to our Platform (“Account”). We may, at our sole discretion, refuse to open an Account, authorize the Account activation, suspend, and even close it. By agreeing to these Terms, you confirm complying with these conditions. Eligibility. Use of the Services is contingent upon: ● Your capacity to enter into legally binding contracts, being of legal age in your country (e.g. 18 years old) or representing a legally constituted entity; ● No history of suspension or removal from our Services; ● Authority and non-violation of any other agreements by agreeing to these Terms; ● Not being located in, or a national or resident of any Restricted Locations or countries embargoed or prohibited from using the Services; ● Not on any denied persons lists; ● You do not have an existing account with us (under same or different name); ● Not being under any legal restriction that prevents you from using the Services; and ● Complying with all local, national, and international laws applicable to you regarding the use of the Services. It is your responsibility to ensure that using the Services does not conflict with any laws applicable to you. The Company may update the list of Restricted Locations without notice. Identification. To utilize certain Services, you need to create and maintain an Account. Access to Partner Services might be subject to identification, verification, and screening (“KYC”) following the Anti-money laundering and counter-terrorist financing standard issued by FATF (“AML”)depending on the outcome, additional information might be requested continually. Access to or use of the Services may be denied if you do not provide necessary identity proofs or if the provided documents do not satisfy the Company or Partner's criteria. You must ensure that your information is accurate, complete, and up-to-date. Failure to do so may lead to restricted access to the Platform or termination of these Terms by the Company. You are allowed only one Account at a time. Account Confidentiality and Security. You are responsible for keeping your Account information, including your password, identification, and assets information confidential and overseeing all activities, Instructions and transactions that occur under your Account. Should any unauthorized access or security breach occur, you must immediately notify the Company via the provided support email support@ownlypay.finance. You are prohibited from allowing third parties to use your Account and are liable for all activities conducted through your Account, whether authorized or not.
Unauthorized access attempts to the Services or aiding others in such activities will lead to the termination of your Account and possible legal action. You must only create and use an Account that is rightfully yours. You bear responsibility for the security and confidentiality of your Account, any Instruction made with your credential and password, will be assumed to come from you without any obligation to process with further verification. Be aware that Instructions via the Platform, often transmitted over the Internet, are subject to risks like, but not limited unauthorized access. Receipt of Instructions under your login ID and password is confirmed only when we've retrieved and acknowledged them. Any damage caused via the Internet in this process is your liability. In addition, you agree to the admissibility of such Instruction without further requirement of proof of authenticity or accuracy in a court of law under applicable evidentiary law, rules and/or regulations. If vulnerabilities are identified in the use of the Services and the Account by you that may compromise our security, such as the presence of viruses, malware or any other means with a malicious purpose, the Company may adopt preventive measures, such as: blocking access to the Account and Services without engaging its liability. Services Scope of Services. Services for users include allowing purchases of goods and services, through QR Payments. Management of Non Custodian Wallet. The Virtual Assets deposited in our Platform will be held in a non Custodian Wallet solution provided by our partner. You recognize that the Company will manage the non Custodian Wallet on your behalf. This management is essential for the functionality of the Ownly Pay QR Payment, ensuring security, and compliance with applicable laws. Right to Modify Services.
The Company reserves the right to update, modify, suspend, disable, or restrict access to, or discontinue the Services, or any features, components, or content thereof at any time, for any reason, without notice to the user. There is no guarantee that specific services, features, components, or content will always be available. Partner Services. The Company's Services might provide access to various financial services including on/off ramp, and other financial services as might be the case from time to time. These said services are offered directly by Partners ("Partner Services'). It's important to note that Partner Services may necessitate separate registration, identity verification, and agreement processes. Served Countries. The Company may not offer the Services in all markets or jurisdictions and reserves the right to restrict or prohibit the use of the Services in certain foreign jurisdictions known as "Restricted Locations" to be listed and updated in our FAQ. Note: Please be aware that this list can change based on regulations and the Company's discretion. Partner Disclaimer: You neither have any contractual relationship with our Partners nor our Partners owe any duty of care to you under all circumstances (including during insolvency) except if otherwise agreed.
Our Partners : ● Do not act as your trustee, an escrow agent or stakeholder; ● Do not have a contractual obligation or duty to keep the funds in the designated Account segregated from the Company's other accounts maintained with our Partners; and ● May exercise their rights to combine or consolidate all or any of our accounts and any other rights under the terms and conditions governing the Services and the designated Account. Third-Party Account Information Retrieval and Use of Third-Party Account Information. Through the Services, you may instruct the Company to obtain your transaction history, balance, and other data from a Partner where you hold accounts or conduct financial transactions ("Third-Party Account Information"). The Company collaborates with Partners to access this information. This data will be utilized to deliver the requested Services for internal business purposes and to suggest other relevant products and services. By linking an Account, you grant the Company permission to act as your agent in accessing this information from specified third parties and authorize those parties to disclose your details to the Company. Disclaimer on Third-Party Account Information. The Company does not verify the accuracy, legality, or non-infringement of Third-Party Account Information. Responsibility for the information and any products or services from third-party sites or platforms remains with those entities. Transfers between your Non Custodial Wallet and linked accounts adhere to the terms set by the respective Partner and may be subject to specific limitations. Custody Management of Virtual Assets On chain Custodianship. Your Virtual Assets in the Non Custodian Wallet are held by a Non Custodian smart contract to ensure the secure management of your Virtual Assets. By utilizing the Non Custodian Wallet, you acknowledge the risks involved, including system (related to the operation and security of the smart contract’s systems and platforms), market (arising from the volatile nature of Virtual Assets and their fluctuating market values), regulatory (associated with changing regulations and legal compliance of the Custodian), security (potential loss or theft of Virtual Assets due to cyberattacks or breaches on the smart contract), and operational risks (arising from operational failures, errors, or disruptions in the non Custodian Wallet). Authority Over Assets:
The Company is entitled to instruct the smart contract to execute various actions related to your Virtual Assets for settlement purposes including but not limited to freezing, converting, and transferring. Exemption from Liability: The Company and its affiliates bear no responsibility for any losses, damages or liabilities related to the Smart Contract Wallet's management or the virtual assets stored within or otherwise caused by or attributable to the actions or omissions of the smart contract. User Acknowledgments and Warranties: You accept that our related Partners (1) hold certain control over the non Custodian Wallet arrangements such as freeze, convert and transfer of your Virtual Assets on your behalf as may be required; (2) are not a fiduciary, trustee or escrow agent in relation to your Virtual Assets; and (3) you are not a party to any agreement between the Company and the non Custodial wallet provider. All Virtual Assets deposited by you into the non Custodian Wallet are of legal origin and in compliance with all applicable laws. Accessibility of Transaction Records: Transaction histories by month can be accessed through the Platform, and no physical statements will be issued for your non Custodian Wallet. Top-Ups: To deposit Virtual Assets into your non Custodian Wallet, you must follow specific instructions available on the Platform. The non Custodian Wallet is designed to accept only certain types of Virtual Assets, referred to as “Acceptable Tokens”, for adding funds. You represent and warrant that any Virtual Assets used to fund your non Custodian Wallet are owned by you, free of any legal claims or disputes, and not tied to illegal activities. The Partners reserve the right to reject transactions such as top-ups if concerns arise about the assets' legality and authenticity, or if KYC, KYT, AML, and due diligence checks are not satisfactorily completed. Top-ups might be subject to fees as specified on the Platform. Notifications on Asset Management:
The Company will inform you via the Platform about any actions taken on your Account, such as asset freezes or conversions, including the details of affected assets and the applied exchange rates. Acceptable Tokens: The list of Acceptable Tokens for your non Custodian Wallet may be altered by either the processor or the Company. Changes can occur due to various factors, including but not limited to regulatory demands, amendments in laws, or issues like scams. You are responsible for ensuring that you only send Acceptable Tokens to the non Custodian Wallet. Any assets sent to the non Custodian Wallet that are not Acceptable Tokens may be irretrievably lost. Wallet Balance Balance Limits and Adjustments: The balance in your non Custodian Wallet is subject to minimum and maximum limits determined by either the Company or the Partners. These limits, which are outlined on the Platform, may be modified at their discretion. Responsibility for Wallet Operations: You are solely responsible for the outcomes of any freezes, deductions, or conversions made to your Virtual Assets in the non Custodian Wallet. The Company is not liable for any losses or damages resulting from these actions. Regulatory Obligation Both the Company and Partners reserve the right to conduct comprehensive customer due diligence through Know Your Customer (“KYC”), know your transaction (“KYT”) checks, anti-money laundering and counter-terrorism (collectively named “AML”), and other due diligence checks on all transactions and Virtual Assets linked to your Custodian Wallet. You must provide accurate, updated and full information for these checks. If deemed necessary, the Company and Partners may freeze part or all assets in any Custodian Wallet, canceling, restricting or blocking access, Account and transactions of the affected Virtual Assets until unfrozen. The Company and Partners may also refuse asset transactions such as top-ups, transfer particularly if legality or authenticity issues arise, or if compliance checks are unsatisfactory. You agree to cooperate in any investigations related to suspicious activities or transactions. The Partners have a regulatory obligation to keep a record of your information for a period prescribed by the local regulator after the closure of your account.
Limited License. Provided you comply with these Terms, the Company grants you a limited, non-transferable, non-exclusive license to use the Services on your Enabled Device, and related to Content solely for approved purposes as permitted by the Company from time to time. This license is subject to these Terms and does not extend beyond what is expressly granted. All other rights are reserved. Open Source. Certain components within the Platform may be subject to open source or other specific licenses. In cases of inconsistency between these Terms and the licenses of those components, the latter's terms will govern your use of those specific components of the Platform. Conditional Use of Services. You acknowledge and agree that your use of the Services is at all times subject to your compliance with these Terms and all other applicable terms. Your Device You are responsible for obtaining and maintaining the necessary security, hardware, software, and services for the Platform, including antivirus software and timely updates for the App and your device. You bear sole responsibility for any access to the Platform through your device, even if unauthorized. In case of loss, theft, or unauthorized access to your device, promptly inform us at @ownlypay.finance and reset your device's password. The Company is not liable for losses or damages due to unauthorized use of your device. User Content Users may submit various types of content, such as profile information, comments, questions, and other content or information ("User Content”). While you retain ownership of your User Content, by submitting it through the Services, you grant the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, and display this User Content. This includes the right to make derivative works and to use your name, voice, and likeness as part of that content across all media types for the Service and the Company's related business activities. Feedback You may choose to, or we may invite you to, submit comments or ideas about the Services, including without limitation about how to improve the Services, Platform, procedures or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company, or developed by its employees, or obtained from sources other than you. Intellectual Property Rights You acknowledge and agree that: ● All trademarks, service marks, and logos used in the Platform, associated with the Company and its affiliates, are their exclusive property or that of third-party licensors. ● The Services' intellectual property rights are either owned by or licensed to the Company. ● Aside from the specific license granted to you, no additional rights are provided to you regarding the trademarks, the Platform, or the Services. ● Any reproduction, distribution, adaptation, modification, or commercial exploitation of any part of the Platform is strictly prohibited without explicit written consent from the Company. ● you will not sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. Prohibited Activities You agree not to engage in certain prohibited activities with the Platform, including but not limited to: ● Using the Platform for spamming purposes. ● Engaging in illegal or immoral activities through the Services, like money laundering or terrorism financing, fraud or malicious hacking. ● Providing false, misleading or inaccurate information; ● Using the Platform in ways that infringe on any intellectual property rights. ● Damaging, disabling, or impairing the Platform or its Services, interfering with other users, or harming the Company's reputation. ● Engaging in activities that the Company deems inappropriate or illegal. ● Uploading harmful or illegal content, such as viruses or malicious codes. ● Altering, combining, or integrating the Platform or platform with other software. ● Attempting to obtain the Platform’s source code through reverse engineering; ● Attempt to bypass or circumvent any security features; ● Hide or misrepresent the true origin of assets and resources; ● Showing abusive or threatening behavior towards Company personnel; ● Facilitate any viruses, trojans, malware, worms or other computer programming routines that attempt or may damage, disrupt, corrupt, misuse, adversely interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to, any system, data or information ● Use any device, software or routine to bypass or circumvent our robot opt-out protocols, interfere with or disrupt, or attempt to interfere with or disrupt our infrastructure, our websites, software, systems (including any networks and servers used to provide any of the Services) operated by or on our behalf, any of the Services or the use of any of the Services by other users; ● Upload, display or transmit any messages, photos, videos or other media that contain illegal goods, pornographic, violent, obscene or copyrighted images, or materials for use as an avatar, in connection with a payment or payment request, or in other way; ● Weapons of any kind, including but not limited to firearms, ammunition, knives or related accessories ● Controlled substances, including but not limited to narcotics, prescription drugs, steroids, related equipment or accessories ● Any type of Ponzi scheme, pyramid scheme or multi-level marketing program ● Counterfeit products, including, but not limited to, fake IDs; ● Purchasing products from Tor onion services marketplaces or “Darknet” marketplaces, or any other service or website that acts as a marketplace for illegal products (although that marketplace may also sell legal products) ● Adult content; ● Pseudo-pharmaceuticals (including substances that make unsubstantiated pharmaceutical claims) and legal drugs (including chemicals designed to mimic illegal substances) Consent to Data Protection Practices By utilizing the Services, you acknowledge and consent to our data protection practices as detailed in our privacy policy. This includes the collection, use, disclosure, and sharing of your personal data with the Company, Partners, Custodian, service providers, and relevant third parties, as necessary for facilitating your use of the Services. For more detailed information, refer to our privacy policy available at https://ownlypay.finance/ Termination and Limitation Rights The Company reserves the right to terminate, suspend, or limit your use of its Services at any time, without notice, at its sole discretion. This includes actions like freezing, canceling, or closing your Account and/or restricting deposits to non Custodian Wallet, refusing or reversing QR Transactions. Such measures may be taken in case of a breach of Terms, unpaid fees, charges or subscription, for legal compliance, suspicion of unlawful or Prohibited Activities connected to your transactions, Partners are unable to support your use, or based on internal risk monitoring policies and your consumer group profile. The Company through its Partner shall remain entitled to debit your Wallet Balance for any amount and charges incurred in or related to QR Transactions that are carried out before or after the termination. Account Inactivity. The Company reserves the right to log off or deactivate accounts that have been inactive for six (6) months or longer. In case of a reactivation, the Company might charge a reactivation fee. An account will be considered dormant after 12 months without transaction activity. The Company will charge a monthly inactivity fee of
0intheplatform'sprimaryVirtualAssetsondormantaccounts.Thisfeewillbedeductedfromanyavailablebalanceinthedormantaccountwithinthefirstweekofeachmonth.Nonegativebalanceswillbeincurredfrominactivityfeesifthere'snoavailablebalance.TheCompanymayapplythesefeeswithoutpriornotice. AccountSuspensionorClosure.IftheCompanysuspendsorclosesyourAccount,orterminatesyouruseoftheServicesforanyreason,youwillbenotifiedofsuchactionasrequiredbylaw,unlessprohibitedbycourtorderorotherlegalprocess.TheCompanymay,initssoleandabsolutediscretion,withoutliability,suspendand/orterminateyourAccount,orsuspendyouruseofoneormoreoftheServicesiftheCompanyreasonablybelievesthat: ●SomeoneelsemaybetryingtouseyourAccountwithoutyourpermission; ●ThesecurityofyourAccounthasbeencompromised; ●AnydispositionintheTermshasbeenormayhavebeenviolated; ●Wemustdoitinaccordancewiththelaw.
IfyourAccountremainssuspendedorinactiveformorethanonehundredandeight(180)daysandtheCompanyisunabletocontactyou,wewillclosetheAccount. RemainingBalance:WithdrawaloftheremainingbalancefromyourAccountmaybesubjecttoadditionalidentification,verificationandfraudpreventionstepstoaccessfundsinasuspendedorclosedaccount.Ifitispossibletounlocktheresources,ourPartnerwillhavefulldiscretionastotheoptionsbywhichtheuserwillreceivesuchresources,informingthemeansbywhichtheywillbemadeavailabletotheuser.Wereservetherighttorequiretheusertoprovidemoreinformationbeforeprocessinganywithdrawalortransferrequestandtoextendthedeadlineforapprovalorprohibitanywithdrawalortransferincertaincircumstances,especiallywhenwedetectorthereareindicationsthatfraudulentorillegalactivityhastakenplace.Iftheuserisunabletoaccesstheiraccount,theusermustcontactusatYourProjectSupportEmailtoprocessthetransferofthefunds.BoththeCompanyandPartnersreservetherighttoretainthefundsforaspecifiedperiodundercertainconditions. Post-TerminationObligations
Compensation.Youarenotentitledtoanypayment,damagesorcompensationforanysuspensionorterminationofyouruseoftheServices.Suchsuspensionorterminationdoesnotabsolveyouofanyaccruedliabilitiesorresponsibilities.Refund.YouareeligibleforarefundofyourWalletBalanceuponterminatingyourAccount.TheCompany'srightstosuspendorterminateservicesareseparatefromotherlegalrightsorremedies.User-initiatedterminationandrefundrequestsaremadethroughthePlatformatanytime.Toproceed,theCompanymayrequestidentificationforprocessingandcompliancewithlaws.RefundsaresubjecttoconditionstoavoidnegativebalancesandmayincurfeestocoverthecostsincurredbytheCompany.ThemethodofrefundisattheCompany'sdiscretion(e.g.on-chaintransfer,banktransferorcheque)andlimitedontimeasperlaw. ComplaintResolutionProcess IfyouhaveadisputewiththeCompany("Complaint"),youagreetofirstcontactoursupportteamtoseekanamicableresolution.Thisstepshouldprecedeanyarbitrationclaimorsmallclaimscourtaction.Failingtoengageinthisinitialprocessmayleadtoarequestfordismissalofyourclaimuntiltheprocedureisfollowed.TheCompanywillconductaninitialinvestigationintothedispute.Youareexpectedtoreasonablycooperatebyprovidingnecessaryinformation.Ifitisdeterminedthatyouoweamountsduetoerror,fraud,orotherreasons,youagreetomaketheappropriatepaymentwithin45days.Conversely,iftheCompanyowesyou,paymentwillbemadetoyouwithinthesametimeframe.Shouldthedisputenotberesolvedinternallywithin60days,bothpartiesagreetoproceedwithArbitrationasdetailedintheapplicablesection. Arbitration
ForanydisputesarisingunderorrelatedtotheseTermsoryouruseoftheServices,you,we,oranyinvolvedparty(collectively,"Parties")agreetoresolvetheissuethroughbindingarbitration.ThearbitrationshallbegovernedbytheSingaporeInternationalArbitrationCentre(SIAC)RulesinEnglishappointingonearbitrator(chosenbySIAC),prioritizingthisclause'sspecificprovisionsincaseofconflict.TheproceedingswilloccurinSingaporeunlessotherwiseagreed.ForclaimsnotexceedingUS10,000, arbitration may be document-based unless otherwise requested or deemed necessary. For larger claims, ICC Rules determine the right to a hearing and information exchange. Limitation of Liability EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM AND SERVICES PROVIDED BY THE COMPANY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, MADE TO YOU, YOUR AFFILIATES OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES REGARDING QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE (REGARDLESS OF ANY COURSE OF DEALING, CUSTOM OR USAGE OF TRADE) OF ANY SERVICE OR ANY GOODS PROVIDED INCIDENTAL TO THE SERVICES PROVIDED UNDER THESE TERMS. THE COMPANY'S IN RESPECT OF REPRESENTATIONS AND WARRANTIES THAT CANNOT BE EXCLUDED IS LIMITED, AT ITS OPTION, TO ANY ONE OF RE-SUPPLYING, REPLACING OR REPAIRING, OR PAYING THE COST OF THE RE- RE-SUPPLYING, REPLACEMENT OR REPAIRING, OR PAYING THE COST OF SUPPLYING AGAIN THE SERVICES IN RESPECT OF WHICH THE BREACH OCCURRED. NOTWITHSTANDING ANYTHING IN THESE TERMS, TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS REPRESENTATIVES BE LIABLE TO YOU: (A) FOR ANY LOSSES OR DAMAGE OR CLAIMS (I) DUE TO AN UNUSUAL OR UNFORESEEABLE EVENT, OUTSIDE THE REASONABLE CONTROL OF US AND THE CONSEQUENCES OF WHICH COULD NOT HAVE BEEN AVOIDED EVEN IF ALL DUE CARE HAD BEEN EXERCISED (INCLUDING BUT NOT LIMITED TO FORCE MAJEURE, EVENTS OF WAR OR CIVIL UNREST, NATURAL DISASTERS, STRIKE, LOCK-OUT, TRAFFIC DISRUPTION, ACTS OF DOMESTIC OR FOREIGN GOVERNMENTAL AUTHORITIES); (II) ARISING FROM OR IN CONNECTION WITH: (A) ANY DELAY, SUSPENSION, DISCONTINUANCE OR FAILURE OF THE PLATFORM OR SERVICES; (B) ANY REJECTION OF THE Ownly Pay QR Payments; (C) ANY REFUSAL TO PROCESS OR AUTHORISE ANY TRANSACTION FOR ANY REASON; (D) YOUR INABILITY TO EFFECT OR COMPLETE ANY TRANSACTION DUE TO SYSTEM MAINTENANCE OR BREAKDOWN / NON-AVAILABILITY OF THE PLATFORM, NETWORK, OUR HARDWARE OR SOFTWARE OR THAT OF ANY THIRD PARTIES; (E) USE OF YOUR ENABLED DEVICE AND THE SERVICES BY THIRD PARTIES, WHETHER AUTHORISED OR UNAUTHORISED BY YOU; (F) ANY THEFT OR LOSS OF YOUR ENABLED DEVICE; (I) CAUSED BY US DUE TO COMPLIANCE WITH APPLICABLE LAWS, COURT ORDERS, AND/OR QR Payments NETWORK RULES; AND (II) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS FOR LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES TO THESE TERMS, REGARDLESS OF WHETHER SUCH DAMAGES WERE DIRECT OR INDIRECT, FORESEEABLE OR UNFORESEEABLE, OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In any case, the total liability of the Company arising out of or in connection with the provision of any Services under these Terms shall be limited to a maximum of USD 500 as of the date your claim arises. The Company shall not be liable for fault on the part of any third-party service providers instructed by us. In such cases, the Company's liability shall be limited to using reasonable care in the selection, appointment and instruction of such third-party service providers (but not of any subcontractor or other third-party such third-party service provider may use). Nothing in these Terms shall operate to limit or exclude any liability for fraud or death or personal injury resulting from gross negligence and unlawful misconduct. Indemnification You agree to indemnify and hold the Company, each of its affiliates, Partners and third-party service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to (i) your breach of these Terms; (ii) your use of the Platform, the Services, the Ownly Pay QR Payments and/or the non Custodian Wallet; (iii) your violation of any rule or regulation, or the rights of any third-party; and (iv) any transactions and/or Instruction resulted from your wilful default, fraud, gross negligence or breach of these Terms. Risk Disclosure When using our Services, please be aware of the risks associated with Virtual Assets and Services as outlined below: General Awareness.
This segment discusses the inherent risks related to Virtual Assets and using the Services. It's not an exhaustive list, so you should carefully assess whether our Services align with your needs and circumstances. Legal Considerations. The regulatory environment concerning cryptocurrencies and other Virtual Assets continues to develop. The application and interpretation of existing laws and regulations are often largely untested and there is a lack of certainty as to how they will be applied. New laws and regulations will be promulgated in the future that apply to blockchain technology and Virtual Assets, and related services providers, and no assurance can be given that any such changes will not adversely affect Virtual Assets generally or the Services. The legal status of Virtual Assets varies significantly across jurisdictions. They might be prohibited or heavily regulated in certain areas, and you are solely responsible for understanding and adhering to any such laws at your own risk and expense. We do not endorse or take a stance on the legal status of any Virtual Assets. You are encouraged to conduct your own research and understand the legal implications of Virtual Assets. Your use of Virtual Assets through our Services is at your own risk, and you should be aware of and prepared to accept these risks. Understanding Virtual Assets Risks. The price of Virtual Assets can be highly unpredictable and volatile. There's a possibility they might become valueless in the future. Trading or holding Virtual Assets involves substantial risks, including potential severe losses. Valuing them can be challenging due to unpredictable trading patterns and unclear fundamentals.
You should carefully consider if trading or holding Virtual Assets aligns with your financial situation and risk tolerance. Given the inherent risks in Virtual Assets markets and the influence of technological and international market factors, we cannot assure the ongoing availability of any particular Virtual Assets as part of the Services. The Company retains the right to discontinue offering trades in certain Virtual Assets. Funds. In case of failure, bankruptcy or liquidation by us, you won't be protected by the Consumer Act in your local jurisdiction, thus, there is a risk you won't recover your money or cryptocurrency paid to us. Accuracy of information. While we endeavor to keep the information displayed on the Services as accurate as possible, there is a risk that this may not be correct, complete, or updated. Cybersecurity. Malicious individuals, groups or organisations may attempt to interfere with the Platform in a variety of ways, including, but not limited to, malware attacks, denial of service attacks, coordinated attacks, account takeovers and submitting fake transactions (including spoofing) which could negatively affect the operation of the Platform, or the availability of the Services. With the increased use of technologies and the dependence on computer systems to perform necessary business functions, Virtual Assets and Services are susceptible to operational and information security risks.
In general, cyber incidents can result from deliberate attacks or unintentional events. Cyberattacks include but are not limited to gaining unauthorized access to digital systems for purposes of misappropriating assets or sensitive information, corrupting data, or causing operational disruption. Cyberattacks may also be carried out in a manner that does not require gaining unauthorized access, such as causing denial of service attacks on infrastructure. Cyber security failures or breaches of the third party service providers (including, but not limited to, software providers, cloud services providers, index providers, the administrator and transfer agent) could have a negative impact on Virtual Assets and the Services. It is your responsibility to ensure (i) that your access credentials are kept secure and confidential, including your email, username, and password, as well as access to or use of any two factor authentication hardware, software, or secret and (ii) the security and integrity of any systems (both hardware and software) or services that you use to access the Services. Miscellaneous Entire Agreement:. This agreement, the privacy policy and all disclosures, notices or policies available on the Platform, comprise the entire understanding and agreement between the user and Company as to the Services and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this agreement), and every nature between and among user and Company. Section headings in this agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this agreement. In case of conflict between all the above documents, the agreement shall prevail. These Terms are concluded in the English language and all communications including any notices or information being transmitted shall be in English. Amendments. The Company may change these agreements from time to time at its own discretion. If the Company does, it will notify the User through the Platform or by email. In addition, we may at any time change, add or remove any feature or functionality of the App without prior notice. By continuing to use the Services after changes go into effect, the User agrees to be bound by the amendment/revision. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
Force Majeure. The Company is not responsible for delays, failures, or service interruptions stemming from causes beyond reasonable control. This includes but is not limited to, natural disasters, acts of authority, terrorism, wars, labor disputes, fires, technological breakdowns, or any other events outside our reasonable control. Such circumstances will not compromise the validity and enforceability of the remaining provisions of these Terms. Assignment. The User may not assign any rights and/or licenses granted under this agreement without the prior written consent of the Company. The Company reserves the right to assign its rights without restriction, except notice to the user, including without limitation to any Company’s affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, these Terms will bind and insure the benefit of the parties, their successors and permitted assigns. Severability. If any provision of this agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency (local, state, or federal), such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this agreement shall not be affected. Survival. All provisions of this agreement which by their nature extend beyond the expiration or termination of this agreement, including, without limitation, sections pertaining to suspension or termination, Wallet Account cancellation, debts owed to the Company, general use of the Platform, disputes with the Company, and general provisions, shall survive the termination or expiration of this agreement. Third Party Rights. No person other than you and us will have any right under the Terms to enforce or enjoy the benefit of any of the provisions of these Terms. Governing Law and Jurisdiction. These Terms shall be governed by and construed in accordance with the laws of Singapore. The parties agree to submit all disputes arising out of or in connection with these Terms to the exclusive jurisdiction of the courts of Singapore. Definition “Acceptable Tokens" refers to the specific Virtual Assets that the Company accepts for deposit into the non Custodian Wallet.
Currently, this includes Tether (USDT), and USD Coin (USDC). The Company reserves the right to update this list at any time based on their discretion. "Account" refers to the account registered by the user to have access to the Platform. "App" refers to the mobile application software provided by the Company, compatible with Android and Apple iOS devices. It encompasses all content, services, updates, upgrades, supplements, releases, and versions available within or through the application. “ATM” means automated teller machines; “QR Payments Issuance Services” means the QR Payments issuance services provided by a Partner to the Company, which enable the issuance of the Ownly Pay QR Payments under the relevant QR Payments Network; “QR Payments Network” means any international credit, debit and QR Payments network that is applicable in respect of your Ownly Pay QR Payments; “QR Payments Data” means the primary account number (PAN), expiration date and security code of a Ownly Pay QR Payments; “QR Payments Transactions” means each transaction effected by using your Ownly Pay QR Payments or PIN; “Chargeback” means a dispute filed by the Company that is sent through the relevant QR Payments Network in accordance with the relevant QR Payments Network Rules relating to a QR Payments Transaction; “Non Custodian Wallet” means the Virtual Assets smart contract wallet provided by the QR Payments issuer and hosted on the blockchain which allows a user to store with the smart contract the types of Virtual Assets that have been approved by the Company; “Enabled Device” refers to the mobile communications or other device successfully registered by you for use in connection with the Platform and Services; "Instructions" refer to any and all forms of information, communications, directives, or orders associated and initiated by you or your Account, including those related to payments, transfers, or other types of transactions, whether they are automated or manually entered; “Issuer” means one of our Partner, the ultimate issuer of the Ownly Pay QR Payments; “Ownly Pay QR Payments” refers to a credit QR Payments, available as either a virtual or physical QR Payments, which is provided to you by us, allowing for transactions and access to credit secured by your deposited virtual assets held by the non Custodian smart contract wallet; “Virtual Assets” refer to any digital representation of value that can be digitally traded, transferred or used for payment; “Wallet Balance” refers to the total amount of Virtual Assets held in the non Custodian Wallet, as may be increased or decreased according to these Terms.