▪️ Terms of Use
Last updated: April 13th, 2024
User Agreement – Saipayment
This article constitutes a User Agreement between you (also referred to herein as “Client,” “User,” or “Customer”) and Saipayment Company. This User Agreement (the “Agreement”) governs your utilization of the services provided by Saipayment, referred to herein as the “Saipayment Services” or simply the “Services”). By registering to use an account (including any website, web widget, API, mobile application, or any other similar platform owned, controlled, operated, or offered by Saipayment (the “Site” or the “Saipayment Site”), you agree to be bound by the terms and conditions of this Agreement.
Please read this Agreement carefully. By accessing, using, or attempting to access or use the Services, you acknowledge and agree that you have read, understood, and accepted all of the terms and conditions contained in this Agreement as well as our Privacy Policy. If you do not agree, you may not access or use the Services and must immediately cease any use of the Services. Saipayment reserves the right to amend this Agreement from time to time by posting a revised version of this Agreement to the Site and/or sending notice to the email associated with your Saipayment Account (if applicable), and may do so without advance notice to you. Accordingly, please review the Agreement posted at this locations on a periodic basis. Each time you use the Services, you agree to be bound by the terms of the Agreement in effect at the time of your use thereof. If you do not agree to the revised terms, you are not permitted to use the Services.
THE THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS INCLUDING A DISPUTE RESOLUTION PROVISION THAT MAY REQUIRE YOU AND THE SAIPAYMENT TO RESOLVE DISPUTES THROUGH ARBITRATION INSTEAD OF IN COURT. PLEASE SEE SECTION [6.2] TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER” BELOW. BY AGREEING TO THIS AGREEMENT, YOU AGREE TO RESOLVE ANY DISPUTES WITH SAIPAYMENT THROUGH BINDING ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT AS PROVIDED IN SECTION [6.2], YOU WAIVE YOUR RIGHT TO BRING A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, WAIVE YOUR RIGHT TO A JURY TRIAL, AND AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON'S ACCOUNT, IF SAIPAYMENT IS A PARTY TO THE PROCEEDING.
As explained in further detail in THE SECTION BELOW ENTITLED “ELECTRONIC COMMUNICATIONS AND CONSENT,” your authorization to receive all communications electronically is a condition of accessing and using the Services. If you revoke your consent to receive such communications electronically, you understand that you may not continue to access or use the Services.
As with any financial transaction, the value of digital assets can fluctuate, and there are inherent risks involved in buying, selling, holding, or investing in digital assets. You should carefully consider whether trading or holding digital assets is suitable for you given your financial circumstances. Saipayment is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons.
These Terms of Service and any separate agreements whereby Saipayment provides you services shall be governed by and construed in accordance with the laws of the United States.
GENERAL UTILIZATION
Service Description: Saipayment enables users to engage in transactions directly with Saipayment for the acquisition or disposition of certain digital assets (each asset usable on the Site, a “Digital Asset”) in exchange for fiat currency or another Digital Asset (each such transaction, a “Digital Asset Transaction”).
The current pricing information for Digital Assets can be viewed through the Site. Please note that Digital Asset prices are volatile and fluctuate throughout the day, and any pricing information obtained through the Site is for informational purposes only. To conduct a Digital Asset Transaction, you must log into your Saipayment Account and input the desired transaction details (e.g., purchase or sale, the asset you wish to purchase/sell, and amount). Saipayment will then provide its current pricing information for your chosen asset(s). If you accept the displayed pricing, you can proceed to accept and confirm the Digital Asset Transaction. If you do not accept the displayed pricing, you have the option to cancel the transaction.
Upon acceptance of the price and confirmation, Saipayment settles the Digital Asset Transaction by executing a corresponding debit to your designated payment method (credit, debit, or prepaid card, bank account, or third-party provided digital asset wallet, as applicable) and crediting your designated third-party digital asset wallet with the acquired digital asset or your bank account with fiat currency, as applicable.
Wallets: Saipayment does not provide digital asset wallets. To utilize the Saipayment Services, you must provide the address of one or more third-party provided digital asset wallets to which Saipayment can transfer your acquired Digital Asset (a “Linked Wallet”). You may only link digital asset wallets that you own and control to your Saipayment Account. By providing the address to receive acquired Digital Assets, you represent and warrant that you own and control such wallet. If you no longer own or control a linked third-party provided digital asset wallet, you must promptly notify Saipayment and remove such wallet from your Saipayment Account.
Payment Method: To purchase Digital Assets from Saipayment, you must provide a valid and accepted payment method, which will be linked to your Saipayment Account (your “Linked Payment Method”). Upon Saipayment’s verification of your payment method(s), you will be able to engage in Digital Asset Transactions.
Eligibility: To utilize the Saipayment Services, you must be at least 18 years old (or the applicable age of majority and contractual capacity in the jurisdiction in which you reside), reside in the United States, and possess and use a valid Saipayment Account (see Sections [2.3 and 2.4] below for information regarding Account creation and validation).
Terms. Saipayment may amend or modify this Agreement at any time by posting the revised agreement on the Site and/or providing a copy to you (a “Revised Agreement”). The Revised Agreement shall be effective as of the time it is posted but will not apply retroactively. Your continued use of the Services after the posting of a Revised Agreement constitutes your acceptance of such Revised Agreement. If you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your Saipayment Account.
Account Registration: You must register for a Saipayment account to utilize the Services (“Saipayment Account”). By registering for a Saipayment Account, you agree and represent that you will use the Saipayment Account only for yourself and not on behalf of any third party. You are fully responsible for all activity that occurs under your Saipayment Account. Saipayment reserves the right to refuse to establish a Saipayment Account, limit your access to the Services, or suspend or terminate any Saipayment Account or the trading of a specific Digital
Asset through your Saipayment Account, in its sole discretion.
Identity Verification: During registration for your Saipayment Account, you agree to provide the information requested by Saipayment for the purposes of identity verification and the detection of financial crimes, such as money laundering, terrorist financing, and fraud. You will need to complete certain verification procedures before you are permitted to use the Saipayment Services. Saipayment may alter, limit, or cease your access to the Services based on the information collected about you on an ongoing basis. The information requested may include personal information, such as your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification, and information regarding your bank account, among other details. By providing this information, you confirm its accuracy and authenticity. You further agree to keep Saipayment updated if any of the provided information changes.
You authorize Saipayment to conduct inquiries, directly or through third parties, deemed necessary to verify your identity or protect you and/or Saipayment against fraud or other financial crimes. When conducting these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention agencies, and that these agencies may respond to Saipayment’s inquiries in full. This is an identity verification procedure and should not adversely affect your credit rating. Additionally, you authorize your wireless operator to provide Saipayment with relevant subscriber information solely for the purpose of verifying your identity. See our Privacy Policy for further details on how we handle your data.
Access: To access the Saipayment Services, you must have the necessary equipment (e.g., smartphone or laptop) and associated telecommunication service subscriptions to access the Internet. The Saipayment Services can be accessed directly using the Site. Access to the Saipayment Services may be degraded or unavailable during times of significant volatility or volume, which may result in the inability to execute transactions or delays in support response times. While Saipayment endeavors to provide excellent service, it does not guarantee uninterrupted access to the Saipayment Site or Services, nor does it guarantee the execution, acceptance, recording, or status of any transaction. Saipayment shall not be liable for any losses resulting from transaction delays.
Purchase or Sale of Digital Assets: When you purchase Digital Assets using your Account, you are transacting directly with Saipayment. You can purchase Digital Assets using your Linked Payment Method. Your purchase must follow the relevant instructions on the Site. Certain Digital Assets can be sold directly to Saipayment, with proceeds deposited into your linked bank account or debit card.
Digital Asset prices are volatile, and Saipayment reserves the right to cancel any transaction not confirmed by you after quoting a transaction price. A purchase of Digital Assets using your Linked Payment Method generally initiates on the business day following Saipayment’s receipt of your instructions. Saipayment will transfer the purchased Digital Assets to your designated Linked Wallet once funds have settled to Saipayment, which may take up to five business days for bank accounts or credit/debit cards. You can sell Digital Assets and instruct Saipayment to deposit funds into your verified bank account or onto your debit card or, where supported, a Digital Asset Wallet. If Saipayment cannot complete your Digital Asset Transaction for any reason (such as price movement, market latency, or order size), Saipayment will reject the order and notify you accordingly. You will not be charged for a rejected transaction.
Fees: Saipayment fees are displayed within your order during your purchase. By using the Saipayment Services, you agree to pay all applicable fees. Saipayment reserves the right to adjust its pricing and fees, as well as any applicable waivers, at any time. Pricing and fees applicable to your Digital Asset Transaction will be provided to you when you authorize the transaction and in each receipt issued to you. Saipayment may charge network fees (miner fees) to process a Digital Asset Transaction, with such fees calculated and disclosed to you before authorization of the transaction. If Saipayment cannot complete your Digital Asset Transaction for any reason, it will reject the order and notify you accordingly. You will not be charged for a rejected transaction.
Unauthorized and Incorrect Transactions: Upon the occurrence of a Digital Asset Transaction using your credentials, Saipayment will assume that you authorized the transaction, unless you notify Saipayment otherwise. If you believe you did not authorize a particular transaction or that a transaction was incorrectly conducted, you must promptly contact Saipayment by emailing [insert email].
Account Information: You can view your transaction history using the Saipayment Site, including the amount (and currency) of each Digital Asset Transaction, a reference to the destination Linked Wallet, any associated fees, and the transaction date.
Consent to Access, Processing, and Storage of Personal Data: By utilizing the Saipayment Services, you consent to Saipayment accessing, processing, and retaining any personal information provided by you for the purpose of providing the Saipayment Services. This consent is independent of any rights or obligations under data protection laws and regulations. You may withdraw your consent at any time by closing your Saipayment Account, although Saipayment may continue to process your personal information for other purposes. For more information on how we process your personal data and your rights, please refer to our Privacy Policy.
Reversals & Cancellations: Digital Asset Transactions marked as complete or pending cannot be canceled, reversed, or modified. If your payment is unsuccessful or if your payment method has insufficient funds, Saipayment reserves the right to either cancel the transaction or debit your other Linked Payment Methods as necessary to complete the transaction on its original terms. You are responsible for maintaining sufficient funds and/or credit limits to avoid overdrafts or similar fees. Saipayment reserves the right to refuse, cancel, or reverse any Digital Asset Transaction, even after funds have been debited from your Linked Payment Method(s), if Saipayment suspects fraudulent activity or non-compliance with its policies.
Payment Services Partners. Saipayment may utilize third-party payment processors to facilitate US Dollar transactions between you and Saipayment.
Personal Data: You acknowledge that Saipayment may process personal data relating to you (if you are an individual) and personal data that you provide or will provide in the future regarding your employees or other associated individuals, in connection with this Agreement or the Saipayment Services. Accordingly, you represent and warrant that: (i) any personal data relating to individuals other than yourself was or will be disclosed in compliance with all applicable data protection and privacy laws; (ii) you have read and understood our Privacy Policy and have provided a copy of it to any individual whose personal data you disclose; and (iii) you will promptly provide any individual whose personal data you provide to Saipayment with any updates to the Privacy Policy.
Security Breach: If you suspect that your Saipayment Account or any security details have been compromised or if you become aware of any security incident affecting you and/or Saipayment, you must promptly notify Saipayment Support by emailing [insert email] and provide accurate and up-to-date information throughout the duration of the incident. You must comply with any reasonable requests made by Saipayment to mitigate or address the security incident. Failure to promptly notify Saipayment of any security incident may impact the resolution of the matter.
Limited License: By utilizing the Saipayment Services, you are granted a limited, non-exclusive, non-transferable license to access and use the Saipayment Site, Services, and related content (collectively, the "Content"), subject to the terms outlined in this Agreement and any additional terms approved by Saipayment. Any use of the Saipayment Site or Content beyond the approved purposes is strictly prohibited. All rights, title, and interest in the Saipayment Services, Site, and Content remain the exclusive property of Saipayment and its licensors. You agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or exploit any part of the Content without the prior written consent of Saipayment. "Saipayment," "Saipayment Technologies," and all related logos are trademarks or registered trademarks of Saipayment or its licensors, and unauthorized use is strictly prohibited.
Website Accuracy: While Saipayment strives to provide accurate and timely information on the Saipayment Site, including the Content, we cannot guarantee that all information will always be entirely accurate, complete, or current. The Saipayment Site may contain technical inaccuracies or typographical errors, and information may be changed or updated without notice. You are responsible for verifying all information before relying on it, and all decisions based on information from the Saipayment Site are your sole responsibility. Saipayment makes no representations or warranties regarding the accuracy of third-party provided information, including historical price and supply data for Digital Assets. Links to third-party materials may be provided for convenience, but Saipayment is not responsible for the content or services offered by third parties.
Promotions: From time to time, Saipayment may offer special promotions or offers to qualifying customers. Saipayment reserves the right to determine eligibility for such promotions and is not obligated to make them available to all customers.
Prohibited Use: You are responsible for complying with all applicable laws and regulations, including those related to money laundering, terrorist financing, and money transfer and remittance, in each jurisdiction where you use Saipayment's Services. Saipayment reserves the right to suspend or terminate access to the Services without notice if it believes, in its sole discretion, that you are using the Services for unlawful or improper purposes, providing incomplete or false information, attempting to tamper with the security of the Site or Services, using unauthorized payment methods, or engaging in any behavior that violates this Agreement or applicable law.
Transaction Limits: Your use of Saipayment Services may be subject to transaction limits, which vary depending on factors such as your verification status and payment method. Saipayment reserves the right to change these limits at any time in its sole discretion. Requests to raise transaction limits beyond posted amounts may be submitted to Saipayment for consideration, subject to additional verification requirements.
Suspension, Termination, and Cancellation: Saipayment may suspend, restrict, or terminate your access to the Services, or deactivate/cancel your Saipayment Account, without notice under certain circumstances, including but not limited to:
Violation of this Agreement or any Saipayment policies.
Use of the Services subject to legal proceedings or investigations.
Non-compliance with Saipayment's risk management protocols.
Circumvention of Saipayment's controls, such as opening multiple accounts or abusing promotions.
Compliance with a valid legal order or government request.
If Saipayment suspends or closes your Account, it will provide notice unless prohibited by law. You may cancel your Account at any time by contacting Saipayment support, and outstanding amounts owed to Saipayment must be settled. In the event of a customer's death, Saipayment will close the Account for security reasons.
Relationship of the Parties: Saipayment operates as an independent contractor, and nothing in this Agreement establishes a partnership, joint venture, or agency relationship between you and Saipayment.
Password Security; Contact Information: You are responsible for maintaining the security of your account credentials, including passwords, PINs, and other access codes. Saipayment will never ask for your login credentials and is not liable for any losses due to compromised account information. It is your responsibility to keep your contact information up to date to receive important notices and alerts from Saipayment.
Taxes: You are solely responsible for determining and fulfilling any tax obligations related to your use of Saipayment Services, including withholding, reporting, and remitting taxes to the appropriate authorities.
No Investment Advice or Brokerage: Saipayment does not provide investment, tax, or legal advice and does not act as a broker on your behalf. Saipayment is your counterparty in Digital Asset Transactions, which are executed automatically based on your instructions. You are solely responsible for evaluating the suitability of investments and consulting with appropriate professionals.
Contact Information
For feedback, questions, or general inquiries, please contact Saipayment support by emailing ramp@saipayment.com. When contacting support, provide your name, address, Saipayment Account details, and relevant transaction information.
Dispute Resolution by Binding Arbitration and Class Action Waiver
By using Saipayment Services, you agree that any disputes arising from or related to this Agreement will be resolved through binding arbitration, except for disputes eligible for small claims court. The arbitration will be conducted by a single arbitrator in Dover, Delaware, in English. The arbitrator will apply the law and issue a final, binding award. Class arbitrations and actions are not permitted. Both parties waive the right to trial by jury and agree to initiate any dispute within one year of discovery. Saipayment will cover arbitration costs if initiated by Saipayment.
Exceptions to Arbitration
Certain disputes, including those subject to small claims court or seeking injunctive relief, may be brought in court. Additionally, actions to compel arbitration, stay proceedings, or enforce arbitration awards may be brought in court.
Severability
If any part of this arbitration agreement is found invalid or unenforceable, the remaining provisions will remain in effect.
Opt-Out
You have the right to opt out of arbitration within 30 days of agreeing to this Agreement by sending written notice to ramp@saipayment.com, including your name, address, and a clear statement of opting out. Opting out does not affect other parts of the Agreement.
Computer Security
Saipayment shall not be liable for any damages or interruptions caused by computer viruses, malware, or other malicious code affecting your devices. We recommend using reputable virus screening and prevention software. Additionally, be cautious of phishing and spoofing attacks, especially with SMS and email services. Always log into your Saipayment Account through the official site to review transactions or actions if you doubt the authenticity of any communication.
Release and Indemnification
In the event of disputes with other users of the Saipayment Services, you release Saipayment, its affiliates, and service providers, as well as their officers, directors, agents, employees, and representatives from any claims, damages, or demands arising from such disputes. You agree to indemnify and hold Saipayment, its affiliates, and service providers, as well as their officers, directors, agents, employees, and representatives, harmless from any claim or demand, including legal fees, arising from your breach of this Agreement or violation of any law, rule, or regulation, or the rights of any third party.
Limitation of Liability and Warranty
Saipayment, its affiliates, service providers, and their respective officers, directors, agents, employees, and representatives shall not be liable for any amount exceeding the value of the Digital Currency transactions conducted by you. In no event shall Saipayment be liable for lost profits, business opportunities, data loss, or any special, incidental, indirect, or consequential damages arising from authorized or unauthorized use of the Saipayment Site or Services, or this Agreement. The Saipayment Services are provided "as is" and "as available" without any warranty, express or implied, including but not limited to warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Saipayment does not guarantee continuous, uninterrupted, timely, or error-free access to the Site or Services.
Disclaimer of Data Accuracy
Saipayment makes no representations about the accuracy, timeliness, or completeness of historical Digital Currency price data available on the Saipayment Site. While Saipayment will make reasonable efforts to process requests involving bank accounts, credit cards, and check issuances in a timely manner, it does not guarantee the time needed for processing due to factors beyond its control.
New Jersey Residents
The provisions of Section 7.3 apply to the extent permitted under New Jersey law.
Entire Agreement
This Agreement constitutes the entire agreement between you and Saipayment regarding your access to the Site and use of the Services, superseding any prior discussions or agreements of any kind. Section headings are for convenience only and do not affect the interpretation of this Agreement.
Amendments
Saipayment may amend or modify this Agreement by posting revisions on the Saipayment Site or sending the Revised Agreement to your email associated with your Saipayment Account. The Revised Agreement shall be effective upon posting or sending. Your continued use of the Services after the effective date constitutes acceptance of the Revised Agreement. If you do not agree with any modification, your sole remedy is to terminate your use of the Services and close your Saipayment Account.
Assignment
You may not assign any rights or licenses granted under this Agreement. Saipayment reserves the right to assign its rights without restriction, including to affiliates or successors. Any attempted transfer or assignment in violation of this Agreement shall be null and void.
Severability
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in effect to the greatest extent possible under applicable law.
Change of Control
In the event of a change of control of Saipayment, such as acquisition or merger, we reserve the right to transfer or assign collected information as part of the transaction.
Survival
Provisions of this Agreement that by their nature extend beyond termination, including those related to suspension or termination, Account cancellation, debts owed to Saipayment, disputes, and general provisions, shall survive termination or expiration.
Governing Law and Jurisdiction
This Agreement is governed by the laws of Lithuania, excluding its conflicts of laws provisions. You agree to submit to the exclusive jurisdiction of the courts of Lithuania for any claims arising from this Agreement. Both parties waive any right to a jury trial in connection with any litigation arising from this Agreement.
Force Majeure
Saipayment shall not be liable for delays or failure in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, civil unrest, war, strike, or interruption in telecommunications or internet services.
Non-Waiver of Rights
This Agreement does not waive rights that cannot be waived under applicable state money transmission laws.
Scope of Electronic Communications
You agree that Saipayment may provide you with various communications electronically, including legally required disclosures, customer service communications, privacy policies, changes to this Agreement, transaction statements, error resolution policies, and marketing communications with your consent.
Written Communications
All electronic Communications from Saipayment will be considered "in writing." It is advisable to print or download important Communications for your records.
Method of Electronic Communications
Saipayment will provide electronic Communications via email, access to designated websites, or SMS text message, where permitted by law. You agree to promptly review all Communications sent to you.
Updating Contact Information
To receive electronic Communications, you must provide accurate contact information and promptly update any changes through the Saipayment Site.
Hardware and Software Requirements
You must have electronic devices capable of accessing email or internet browsers to receive and retain electronic Communications.
Requesting Paper Copies
Upon request, Saipayment may provide paper copies of electronic Communications. You may obtain paper copies by printing them yourself or by contacting Saipayment support.
Withdrawal of Consent
You may withdraw consent to receive electronic Communications at any time by contacting Saipayment support. Withdrawal may affect your ability to use the Services.
Federal Law
Your consent to electronic Communications is provided under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act).
Termination or Changes
Saipayment reserves the right to discontinue electronic Communications or change the terms of electronic communication provision. Notice of such changes will be provided as required by law.
1. Overview
Please carefully review these terms and conditions ("Terms") as they outline the agreement between Saipayment ("we", "our", "us") and you, the customer ("Customer", "you", "your"), governing the use of our services offered through our websites, APIs, or mobile applications.
1.1 In these Terms, references to "we/our/us" pertain to Saipayment, while references to "Customer/you/your" denote you as a customer of Saipayment and user of our services. The term "Service" encompasses our websites, APIs, or mobile applications.
1.2 By creating an account with Saipayment or using any of our associated websites, APIs, or mobile applications (collectively the "Site"), you affirm that you have read, understood, and agreed to comply with all the terms and conditions outlined in this Agreement, along with our Privacy Policy.
1.3 This Agreement governs your use of the Services provided by Saipayment. By utilizing the Services, you agree to be bound by the terms and conditions set forth in this Agreement, effective upon your electronic confirmation of agreement. It is recommended to retain a copy of this Agreement and transaction records for your reference.
1.4 You acknowledge that the use of cryptocurrency may be subject to legal restrictions in certain jurisdictions. It is your responsibility to be aware of and comply with the regulatory requirements regarding cryptocurrency transactions in your jurisdiction before using our Services.
1.5 In this Agreement, a "Business Day" refers to any day that is not a Saturday, Sunday, or public holiday in the United State, and on which banks are open for business in the United State.
1.7 Saipayment Limited is the entity responsible for providing services to end-users (cardholders). This is explicitly indicated in our Terms and Conditions available at saipayment.com/terms-of-use/.
DISCLAIMER: Trading or holding Bitcoin or any other cryptocurrency carries inherent risks, and the possibility of substantial loss. It is imperative to assess whether such activities are suitable for you based on your financial situation. You should be aware of the rapid price fluctuations and the potential for significant losses, including the possibility of the value falling to zero.
2. Qualifications
To access and utilize any of the Saipayment Services, you must be at least 18 years old, possess the legal capacity to enter into binding contracts, and reside in a country where our Services are accessible.
3. Services Offering
3.1 Saipayment acts as your commercial agent, and by agreeing to these Terms of Use, you explicitly authorize Saipayment to act on your behalf and fulfill your cryptocurrency orders as instructed.
3.1.1 As your Commercial Agent, Saipayment will execute cryptocurrency purchases on your behalf and deliver them to the wallet address provided at the time of the order, subject to the conditions outlined in these Terms of Use.
3.1.2 At no stage during the purchase process will Saipayment have possession or control over client funds.
3.2 Purchases/orders through Saipayment are executed individually, one by one.
3.3 Collectively, the services described in clause 3 are referred to as the "Services".
Saipayment does not provide trading, investment, or brokerage accounts or facilities, nor does it offer investment or financial advice.
4. Registration For Users
4.1 To utilize Saipayment Services, you must register for an account by providing your name, email address, and agreeing to these Terms of Use. By using Saipayment Services, you confirm that you will use them solely for yourself and not on behalf of any third party. You are fully responsible for all activities conducted under your Saipayment account. Saipayment reserves the right, at its discretion, to refuse to open an account for you, limit the number of accounts you may hold, or suspend or terminate any account.
4.2 To become a Customer, you must furnish Saipayment with the information required during the account opening process to verify your identity and detect anti-money laundering, terrorist financing, fraud, or any other financial crime, and permit us to maintain a record of such information.
4.3 Certain verification procedures must be completed before you can start using Saipayment Services.
4.4 The information requested may include personal details such as your name, address, telephone number, email address, date of birth, taxpayer identification number, government identification number, bank account information, and other relevant details. By providing this information, you confirm its accuracy and agree to promptly update Saipayment in case of any changes. This information will be handled in accordance with the Data Protection provisions of this Agreement.
4.5 You authorize Saipayment to conduct inquiries, directly or through third parties, deemed necessary to verify your identity or protect against fraud or financial crime, and to take appropriate action based on the results of such inquiries. You acknowledge and consent to the disclosure of your personal information to credit reference agencies, fraud prevention agencies, or financial crime agencies for these purposes. Such inquiries are conducted solely for identity verification and should not impact your credit rating adversely. Additionally, Saipayment may impose a waiting period after completing a transaction before permitting further use of its Services and/or engaging in transactions exceeding certain volume limits.
4.6 Failure to provide any requested information necessary for compliance with applicable money laundering laws and regulations, after becoming a Customer, may result in the suspension of Services to you (including account access) and/or termination of this Agreement. The nature and extent of information required may vary based on the Services provided to you and/or the payment methods used.
5. Transaction thresholds and improvements
5.1 All Saipayment Services are subject to transaction volume limits, denominated in fiat currency, which may vary depending on factors such as payment method and completion of verification steps. Saipayment reserves the right to modify these limits as deemed necessary. If you wish to raise your limits beyond the posted amounts, you may request so at contact@saipayment.com.
5.2 Saipayment may request additional information and records from you to raise your limits ("Enhanced Due Diligence"). We retain the discretion to refuse or lower your limits, even after completing Enhanced Due Diligence.
6. Cryptocurrency Buying
6.1 You can purchase cryptocurrencies through Saipayment and its partner's mobile applications and websites, subject to applicable fees displayed during the purchase process. The price, exchange rate, and amount of cryptocurrency you wish to purchase will be confirmed upon successful payment of your order.
6.2 Acceptance of an order for cryptocurrency purchase does not guarantee receipt of the corresponding amount of cryptocurrency. The purchase is contingent upon receipt of funds, price movement, and payment of applicable fees. Saipayment has no control over transaction times on the cryptocurrency network, and delays may occur. You accept the risk of delays and agree not to hold Saipayment liable for any resulting losses or damages.
6.3 Cryptocurrency purchases will be credited to the provided cryptocurrency wallet address once confirmed by the cryptocurrency network. Cryptocurrency transactions remain unconfirmed for a period until sufficient confirmation is received from the network.
6.4 Saipayment may use third-party payment processors to facilitate fiat transactions between you and Saipayment.
6.5 Saipayment reserves the right to reject transactions for reasons such as price movement, market latency, or order size. In such cases, you may be charged a processing fee for the rejected transaction.
7. Cancellations and refunds
7.1 Orders/purchases for cryptocurrency cannot be canceled or recalled once made.
7.2 All orders/purchases are final and non-refundable once cryptocurrency has been sent to the designated wallet address.
7.3 Once an order/purchase has been delivered to the designated cryptocurrency wallet address, it cannot be recalled or retrieved under any circumstances.
7.4 Upon delivery, you waive any entitlement to credit or refund, and all purchases are deemed final. Saipayment's obligations are fulfilled upon delivery of the product, and you relinquish any claims against Saipayment upon such delivery.
7.5 Unused deposits for an exchange remain eligible for a refund within 14 days of purchase, applicable to cardholders.
8. Suspension, Termination, and Cancellation
8.1 Saipayment may refuse to complete, block, or cancel orders, suspend, restrict, or terminate access to its Services, and/or deactivate or cancel your Saipayment Account immediately for various reasons, including but not limited to:
8.1.1 Protection of Saipayment's reputation.
8.1.2 Compliance with applicable laws, regulations, or directives from competent authorities.
8.1.3 Suspected breach of these Terms of Use.
8.1.4 Concerns about transaction errors, account security, fraudulent or unauthorized use of Services.
8.1.5 Suspected money laundering, terrorist financing, fraud, or financial crimes.
8.1.6 Pending litigation, investigation, or government proceedings affecting account activity.
8.1.7 Actions circumventing Saipayment's controls or abusing promotions.
8.1.8 Failure to provide requested documentation for compliance with anti-money laundering regulations.
8.1.9 Significant deviations in the size of cryptocurrency purchases compared to previous orders.
8.1.10 Security concerns related to account details.
8.2 In case of suspension, Saipayment will endeavor to notify you of the action, subject to legal and security considerations.
8.3 Saipayment shall not be liable for any losses resulting from actions taken to suspend accounts or withhold settlement, in accordance with these Terms.
8.4 Upon resolution of the reasons for the suspension, Saipayment may, at its discretion, reinstate access to Services and/or issue new account details. Resolution may involve re-completing account opening procedures and addressing any outstanding issues.
9. Fees of Services
9.1 All fees payable under this Agreement are displayed during the purchase flow and shall be paid in USD or any other currency that is agreed between Saipayment and the Customer.
9.2 Saipayment reserves the right to pursue any financial losses suffered due to you filing a chargeback procedure with your bank. These can include administration fees levied by the card acquirer and card schemes as well as the monetary value of the cryptocurrencies ordered / purchased.
10. Data Protection Law
10.1 You acknowledge that we may process personal data in relation to you, in connection with this Agreement, or the Saipayment Services. We will process and sometimes update this personal data in accordance with the Privacy Policy. Accordingly, you represent and warrant that:
10.1.1 your disclosure to us of any personal data was or will be made in accordance with all applicable data protection and data privacy laws, and those data are accurate, up to date and relevant when disclosed;
10.1.2 before providing any such personal data to us, you acknowledge that you have read and understood our Privacy Policy, a copy of which is available here.
10.1.3 from time to time we provide you with a replacement version of the Privacy Policy, you will promptly read that notice and provide updated copies of the Privacy Policy to, or re-direct towards a webpage containing the updated Privacy Policy, any individual whose personal data you have provided to us.
11. Liability
11.1 This clause 11 sets out Saipayment’s entire financial liability (including any liability for the acts or omissions of its employees, agents and subcontractors) to the Customer:
11.1.1 arising under or in connection with this Agreement;
11.1.2 in respect of any use made by the Customer of the Services or any part of them; and
11.1.3 in respect of any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence) arising under or in connection with this Agreement.
11.2 Except as expressly and specifically provided in this Agreement, Saipayment disclaims all warranties and conditions express or implied, including, but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose, in relation to the Services, their use and the results of such use.
11.3 All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or common law are excluded from this Agreement to the fullest extent permitted by applicable law.
11.4 Whilst Saipayment takes every care to ensure that the standard of the Website remains high and to maintain its continuity, the Internet is not always a stable medium, and errors, omissions, interruptions of service and delays may occur at any time. As a result, we do not accept any ongoing obligation or responsibility to operate the Saipayment API.
11.5 Saipayment disclaims all liability associated with the use of Cryptocurrency, including:
11.5.1 unknown inherent technical defects;
11.5.2 regulatory or legislative changes; and
11.5.3 currency fluctuation.
11.6 Nothing in this Agreement excludes the liability of Saipayment:
11.6.1 for death or personal injury caused by Saipayment's negligence;
11.6.2 for fraud, fraudulent misrepresentation or fraudulent misstatement; or
11.6.3 any statutory liability not capable of limitation.
11.7 Subject to clause 11.6, Saipayment will not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent), restitution or otherwise for any loss of profits, loss of business, loss or corruption of data, depletion of goodwill and/or similar losses, or pure economic loss, or for any special, punitive, indirect or consequential loss costs, damages, charges or expenses however arising under this Agreement or for any loss, damage or corruption of any Cryptocurrency as a result of the instructions, acts or omissions of the Customer. This shall include any losses attributable to a failure by the Customer to keep secure any security or other information relating to the Wallet and access to it.
12: Warranties and representations
12.1 By agreeing to this Agreement, you represent, warrant and undertake to us that:
12.1.1 you have full power and authority to enter into this Agreement;
12.1.2 you understand and acknowledge that we do not warrant that any of the Services available through our API are suitable or appropriate for your needs and that you must take your own independent legal and other advice on such Services;
12.1.3 you are entering into this Agreement as principal and not on behalf of any third party;
12.1.4 you will not violate any applicable laws by entering into this Agreement or receiving the Services provided under it;
12.1.5 you will not provide false, misleading or inaccurate information;
12.1.6 you will not facilitate any viruses, malware, worms, trojan horses or some other computer programming routines that may damage, corrupt, disrupt, misuse or gain unauthorized access to any data, system information or Saipayment services;
12.1.7 funds or Cryptocurrencies transferred to the Wallet or any Sub-Wallet have been acquired lawfully;
12.1.8 you will not use an anonymizing proxy; use any, other automatic devices, spider or manual process to copy or monitor our websites without our prior written permission;
12.1.9 you will not harass and/or threaten our employees, agents, or other users;
12.1.10 you understand and acknowledge that while we make reasonable endeavours to ensure the accuracy of the information that we provide, and which in turn, is provided to you, neither we nor any of our directors, employees or agents make any representation or warranty, express or implied, as to the accuracy or completeness of such information;
12.1.11 any information provided by you to Saipayment under this Agreement is true, complete, accurate, up to date and not misleading; and
12.1.12 you shall provide all assistance reasonably requested by Saipayment to enable Saipayment to comply with its obligations under this Agreement.
12.2 Saipayment warrants, represents and undertakes that it shall provide the Services with reasonable care and skill.
12.3 No Warranties. The Saipayment Services are provided on an “as is” and “as available” basis, with no further promises made by us around availability of the Saipayment Services. Specifically, we do not give any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any promises that access to the Site, any of the Saipayment Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
12.4 Saipayment makes no representation or warranty that the Services are applicable or appropriate for use by customers in all jurisdictions and it is your responsibility to ensure compliance with the laws of any relevant jurisdiction of your residence.
13. Stored card details
13.1 We are legally obligated to secure your consent to allow us to store your card details for future use and cannot process your payment before you agree to such storing. By accepting these Terms of Use, you hereby give us permission to do so.
13.2 Your card will remain stored against
your account for transactional purposes, unless you decide to remove it, or until the card expires. For legal and regulatory purposes, we will continue to store records of your transactions in accordance with our Privacy Policy .
13.3 We need to do this so that you will be able to deposit and withdraw more easily in future and it also helps us to prevent and detect any fraudulent activity.
13.4 Stored details are primarily used so that you don’t have to re-enter all your details for every transaction you make. In your account you will see the last 4 digits of the card number, and this forms the reference for you to reference the correct card you wish to use.
13.5 We also compare stored details in our fraud screening systems, to prevent your details being used on any other accounts and safeguard your data.
13.6 As per our policy, if you don’t agree to us storing your payment card details, we won’t be able to process your deposit from the card used.
13.7 Changes in the permitted use will require your agreement, we will notify you if this occurs.
14. Right of withdrawal
14.1 You have 14 (fourteen) calendar days to exercise your right of withdrawal from this Agreement, without having to justify any reason or pay any penalty. This withdrawal period begins on the day after the date that your application is accepted by us.
14.2 We will not normally provide the Services during the withdrawal period. Any Services, orders or purchases which are fully performed before a withdrawal cannot be reversed.
14.3 You must notify your withdrawal request within the allotted period by emailing to contact@saipayment.com.
14.4 If you exercise your right of withdrawal, this Agreement will be terminated at no cost to you.
15. Terms
15.1 This Agreement will commence in the manner set out in clause 1 and will continue unless either party notifies the other of termination, in writing, in accordance with this Agreement.
15.2 This Agreement can be terminated immediately by the Customer providing written notice to Saipayment.
15.3 This Agreement can be terminated by Saipayment in accordance with all the provisions of this agreement.
16. Force Majeure
16.1 No party will be in breach of this Agreement nor liable for any failure to perform its obligations under this Agreement if that failure results from circumstances beyond its reasonable control.
17. Notices
17.1 We may (where allowed to do so by law) communicate with you by posting information in your Account or on the Website, in which case the information will be treated as received by you when it is posted by us.
17.2 We may also contact you at the postal or email address you provide us with when applying to open your Account. Notices sent by email will be deemed to have been received at the time of transmission as shown by the sender’s records (or if sent outside business hours, at 9 am on the first Business Day following dispatch). Notice sent by post will be deemed to have been received on the second business day after posting.
18. Complaints
18.1 For any complaint relating to the Services, you are advised to contact at contact@saipayment.com
19. General
19.1 Your Compliance with Applicable Law. You must comply with all applicable laws, regulations, licensing requirements, and third-party rights (including, without limitation, data privacy laws) in your use of the Saipayment Services.
19.2 We grant you a limited, non-exclusive, non-transferable license, subject to the terms of this Agreement, to access and use the Site, and related content, materials, and information (collectively, the “Content”) solely for approved purposes as permitted by us from time to time. Any other use of the Site or Content is expressly prohibited and all other rights, titles, and interests in the Site or Content are exclusively the property of Saipayment and its licensors. You agree not to copy, transmit, distribute, 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.
19.3 “Saipayment”, Saipayment.com and all logos related to the Saipayment Services or displayed on the Site are trademarks or registered marks of Saipayment or its licensors. You may not copy, imitate or use them without our prior written consent or any third party’s copyright, trade secret, patent, or other intellectual property rights, or rights of publicity or privacy.
19.4 Your use of the Saipayment Services and the Site is subject to international export controls and economic sanctions requirements. By sending, buying, and selling, Cryptocurrencies through the Site or Saipayment Services, you agree that you will comply with those requirements. You are not permitted to acquire Cryptocurrency or use any of the Saipayment Services through the Site if:
19.4.1 you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or any other country subject to United States embargo, UN sanctions, the European Union or HM Treasury’s financial sanctions regimes (each a “Sanctioned Country”), or if you are a person on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List, Entity List, or the EU or HM Treasury’s financial sanctions regime (a “Sanctioned Person”); or
19.4.2 you intend to supply any acquired or stored Digital Currency or Saipayment Services to a Sanctioned Country (or a national or resident of a Sanctioned Country) or Sanctioned Person.
19.5 We will notify of you any change to the Agreement on your first use of the Saipayment Services after any amendment. You will be deemed to have accepted the change if you continue to use the Saipayment Services. If you do not accept the change you should let us know, and the Agreement will terminate. You may also end the Agreement immediately and free of charge with effect at any time.
19.6 We may make all other amendments to the Agreement by posting the revised Agreement on the Site or by emailing it to you, indicating when the revised Agreement becomes effective. Although we will endeavour to provide you with advance notice where possible, where lawful we may indicate that the revised Agreement shall be effective immediately and if you do not agree with any such modification, you should close your Saipayment Account and cease using the Saipayment Services.
19.7 Copies of the most up-to-date version of the Agreement will be made available in the Site at all times and will be provided to you by email on your request.
19.8 Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, either you or Saipayment to be treated as partners or joint ventures, or either you or Saipayment to be treated as the agent of the other.
19.9 If you receive information about another user through the Saipayment Services, you must keep the information confidential and only use it in connection with the Saipayment Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to carry out a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited communications to another user through Saipayment.
19.10 Contact Information. You are responsible for keeping your email address and telephone number up to date in your Saipayment Account profile in order to receive any notices or alerts that we may send you (including notices or alerts of actual or suspected Security Breaches).
19.11 Entire Agreement. This Agreement (including documents incorporated by reference herein) comprise the entire understanding and agreement between you and Saipayment as to the subject matter hereof, and it 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 you and Saipayment.
19.12 Section headings in this Agreement are for convenience only and shall not govern the meaning or interpretation of any provision of this Agreement.
19.13 This Agreement is personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganisation involving Saipayment, provided that this transfer or assignment does not materially impact the quality of the Saipayment Services you receive. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
19.14 Invalidity. If any provision of this Agreement is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision. If any provision is found unenforceable, the unenforceable provision will be severed, and the remaining provisions will be enforced.
19.15 We may not always strictly enforce our rights under this Agreement. If we do choose not to enforce our rights at any time, this is a temporary measure and we may enforce our rights strictly again at any time.
19.16 This Agreement and any information or notifications that you or we are to provide should be in English. Any translation of this Agreement or other documents is provided for your convenience only and may not accurately represent the information in the original English. In the event of any inconsistency, the English language version of this Agreement or other documents shall prevail.
19.17 Change of Control. In the event that Saipayment is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you and our relationship with you (including this Agreement) as part of such merger, acquisition, sale, or other change of control.
19.18 All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, the Sections relating to suspension or termination, Saipayment Account cancellation, debts owed to Saipayment, general use of the Site, disputes with Saipayment, and general provisions will continue to be binding and operate after the termination or expiration of this Agreement.
19.19 This Agreement will be governed by, and construed in accordance with, the laws of Lithuania and, subject to any overriding legal requirements, the parties irrevocably submit to the exclusive jurisdiction of the Lithuania Courts. This Agreement and any information or notifications that you or we are to provide should be in English.
19.20 If you have any feedback, questions, or complaints, you may contact us via our customer support webpage or at contact@saipayment.com.
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