DexPay Terms of Service
DexPay Terms of Service
Disclaimer of Warranties and Limitation of Liability
The DexPay protocol operates on a decentralized and trustless basis, providing services in a manner reflective of the principles of Web3. Users acknowledge and accept that the services provided by the DexPay protocol are offered "as-is" and "as-available," without any warranties, express or implied.
Users bear full responsibility and assume full risk associated with their accounts, addresses, and tokens on DexPay protocol, ensuring that their usage complies with these Terms. It is the user's sole responsibility to safeguard the integrity and confidentiality of their account credentials or private keys for the Site or any wallet applications or devices used in conjunction with the Site.
The compatibility of the Site with any wallet applications and devices, or other third-party applications or devices, is not to be interpreted as an endorsement, recommendation, warranty, guarantee, promise, or assurance regarding their fitness or security. Users acknowledge and agree not to construe such compatibility as such.
DexPay protocol does not provide any representations or endorsements regarding the services or the platform, including but not limited to, implied warranties of fitness for a particular purpose or non-infringement, or any implied warranty arising from course of dealing or usage.
DexPay protocol is not associated with or endorsed by any payment methods, services, or companies that may appear on the Online Payment method lists or advertisement details. Additionally, the services provided by DexPay protocol are not authorized, approved, endorsed, or sponsored by any of the payment methods listed on the platform or their respective trademark owners.
User-generated content, such as messages, feedback, or advertisements, on the platform is not the responsibility of DexPay protocol, and we reserve the right to remove said content/feature without notice or liability in our sole discretion, unless required by applicable law. We also reserve the right to modify or discontinue any part of the platform and/or any services without notice and to establish general guidelines and limitations on their use.
The liability of DexPay protocol, and its affiliates, directors, and employees, is limited to the maximum extent permitted by applicable law. We are not liable for indirect damages. However, nothing in this Agreement shall exclude or limit DexPay’s liability based on willful misconduct or gross negligence. Users assume the full risks associated with interacting with the DexPay protocol.
Finally, users' rights under mandatory provisions of applicable consumer protection legislation are not limited by this Agreement.
Terms of Service
Please carefully review the following agreement before using the DexPay services. DexPay is an online trading platform for buying and selling cryptocurrencies. We also provide assistance in resolving disputes between buyers and sellers but do not become a party to any transaction.
Acceptance of the Terms
Agree to DexPay’s Terms of Service and Privacy Policy before using its Services. By accessing or using its Services, you confirm that you agree to these terms.
Minors are not allowed to use DexPay Services. You must be at least eighteen (18) years of age or the age of legal majority in your jurisdiction. You affirm that you have the lawful right, power, capacity, and authority to enter into this Agreement.
Definitions:
DexPay: (https://www.dexpay.io) and other related applications.
Whitelisted wallets: wallets that are used for accessing DexPay Services and recording transactions.
Users: individuals, institutions, or organizations that use DexPay services and meet the criteria and conditions. Other agreements for these entities must be followed.
DexPay services: refers to various services offered by DexPay based on Internet and/or blockchain technologies. These services are accessible through DexPay websites, mobile applications, clients, and other forms, and may include future technological developments.
DexPay platform rules: refers to all regulations, implementation rules, product process descriptions, announcements, and other content released by DexPay. These platform rules are published in the Help Center or within products or service processes, and include rules, interpretations, statements, and letters of consent.
Digital Assets: encompasses Digital Currencies, digitalized assets with a certain value, and their derivatives.
Fiat Partners: are third-party service providers with which DexPay may collaborate in connection with any Fiat Services.
Change of Terms
We may modify this Agreement at our discretion to reflect changes in technology, legislation, or business practices. We will notify you of any modifications at least 30 days before they take effect. If you continue to use the Service, you accept the changes. If you disagree, you can terminate this Agreement by concluding any outstanding trades and closing your account. We may also modify the Services and Agreement for security, compliance, or suspected fraudulent activity, and will promptly notify you of any such changes.
About DexPay
DexPay strives to provide accurate information through its services, but cannot guarantee its accuracy, reliability, or suitability. DexPay is not liable for any loss or damage resulting from the use of this information. Information about DexPay services is subject to change without notice and is provided solely to assist users in making independent decisions. DexPay does not offer investment or consulting advice, nor is responsible for the interpretation or use of information on its site or other communication channels. Users of DexPay services are responsible for understanding the risks of digital asset trading and are advised to trade responsibly and within their capabilities.
Whitelisting Wallets
To use DexPay Services, you must log in with your wallet and and verify your email. You are responsible for the security and control of your wallets and any access codes or credentials used to access the Service or complete trades. You may terminate your access to DexPay at any time, but remain responsible for all prior obligations. By using DexPay Services, you represent and warrant compliance with all applicable federal and state laws and regulations governing Crypto asset Businesses or similar applicable regulation of your jurisdiction.
P2P Trading
When using DexPay to buy or sell crypto, you can create or respond to advertisements on the platform, but we may restrict the number of advertisements you can create for security reasons. By responding to an advertisement, you are making a legally binding offer and must comply with the terms and conditions set out by the advertiser, which must be in accordance with this Agreement. When selling crypto, it is your responsibility to ensure that you have received payment for the full amount and that the payment is made by the buyer as per your instructions. Once you release the crypto to the buyer, it is not possible to cancel, reverse, dispute, or recover the crypto. Payments must be made by the same person or entity unless authorized by the payee in writing. All communication relevant to the trade must happen through the DexPay platform and is not considered private. Disputes will be resolved based on communication that occurs on the DexPay platform and is accessible to DexPay’s support staff.
Creating Ads
You can create advertisements to buy or sell cryptos, and other users can send trade requests to you.
Advertisements for buying with or selling against cash are not allowed.
When you have advertisements enabled, you must be active and available to reply to trades started from these advertisements.
Information and payment details provided in advertisements and trades must be correct and up to date.
The price defined in the advertisement details must include all fees required by the advertiser.
Once a trade is initiated, the price is locked and cannot be changed or have additional fees added without consent from both parties.
Multiple advertisements that fully overlap are not allowed.
When creating advertisements to buy or sell cryptos, other users can send trade requests to you, and a crypto trade is automatically started. However, advertisements for buying or selling cryptos with cash are not allowed.
When you have advertisements enabled, you must remain active and available to respond to trades started from these advertisements. If a dispute is initiated against you and you are deemed unresponsive, the dispute may be resolved against you.
It is important to ensure that the information and payment details you provide in advertisements and trades are correct and up to date. If you include out-of-date payment details and a buyer completes payment accordingly, disputes may be resolved against you. Refusal to complete trades or provide payment details for trades opened from your advertisements is considered a violation of this agreement.
The price defined in the advertisement details must include any and all fees that the advertiser requires the buyer to pay. Once a trade is initiated, the price is locked, and no changes or additional fees can be made without consent from both parties.
Multiple advertisements that fully overlap, such as using the same trade limits with the same price in the same payment method category in the same country, are not allowed.
Fees and Pricing
When you create a trade advertisement, you will be charged a fee, which you must agree to pay as it represents the charges for using DexPay Services. Unless specified otherwise, you accept that fees will be automatically deducted from the escrowed balance once the trade is completed. We reserve the right to change the fees or pricing principles at any time in accordance with the terms of this Agreement.
Merchants
Merchants are dedicated users that facilitate trades on DexPay by providing instant liquidity and acting as counterparties to both buyers and sellers on the platform.
They offer accessible and convenient payment options to users and ensure that there is always someone to sell to/ buy from on the platform.
Merchants are distinguished on DexPay through a verified merchant badge. The first 100 merchants on DexPay in each region will be manually selected and undergo verification.
Merchants/Users who misuse the platform or are involved in fraudulent trading activities may lose their badge either temporarily or permanently. Should a merchant be proven to have violated the platform’s terms of service multiple times, they may be blacklisted from using DexPay altogether.
Disputing crypto Trades
It is important to understand that while DexPay provides a dispute resolution process, it is not responsible for guaranteeing the performance of any trade. As a user of the Services, you assume the risk that your counterparty may fail to perform according to your agreement with them. In the event of a dispute, either the buyer or the seller can initiate a mediation process on the crypto held in the smart-contract, and the DexPay support staff will review and resolve the dispute. However, trades that have been completed, released by the seller, or already disputed and resolved cannot be disputed, reversed or altered.
A dispute can be initiated in any of these three scenarios
i. Buyer has marked the trade as paid but seller did not receive funds
ii. Buyer has paid in full, but seller has refused to release tokens
iii. Buyer did not pay the full amount displayed in the trade.
DexPay’s dispute resolution process is off-chain and is community inclusive.
Unresponsiveness
It is important to note that failure to remain active and responsive during a disputed trade can result in negative consequences for both parties involved. If you are deemed unresponsive, the dispute may be resolved against you, and you may lose access to your account or face other penalties as determined by DexPay. Additionally, if you are the buyer in a disputed trade and you fail to respond to DexPay support, the trade may be cancelled. On the other hand, if you are the seller and you fail to respond, the cryptos in the trade may be released to the buyer. Therefore, it is crucial to remain active and responsive during disputed trades to ensure a fair and efficient resolution.
Dispute review
As part of the dispute resolution process, DexPay support may request that you provide certain information or documentation to help resolve the dispute. It is important to follow any instructions given by DexPay support and provide the requested information or documentation in a timely and accurate manner. Failure to do so may result in the dispute being resolved against you.
Dispute resolution criteria
DexPay can resolve a disputed trade in the favor of a crypto buyer if they have provided sufficient proof that payment was made according to the instructions provided by the seller, advertisement terms of trade, or advertisement payment details. Additionally, if the seller becomes unresponsive and the buyer has paid, the dispute may be resolved in favor of the buyer.
DexPay can resolve a disputed trade in the favor of a crypto seller if the buyer has not provided payment or not provided payment in full, the payment made by the buyer has been held/frozen/stopped by the payment provider, the buyer has not provided payment according to the instructions provided by the seller in the trade chat, advertisement terms of trade, or advertisement payment details, the payment is made by an unauthorized third party to the trade, or if the buyer is not responding.
If either the buyer or the seller provides fraudulent information or documents, makes false claims, or otherwise tries to force a certain outcome of a disputed trade, the dispute may be resolved against the user for this reason.
Limitation of Liability regarding dispute resolution
You acknowledge that dispute resolution is a service provided by DexPay, and it will be carried out in accordance with the terms of this agreement.
You agree that DexPay assumes no responsibility for the outcome of the dispute resolution process.
DexPay's liability for dispute resolution is limited to the amount of the fee paid to them.
In the event of an incorrect dispute resolution, DexPay assumes no liability for any damage, loss, cost, or inconvenience.
Rates
DexPay allows users to determine their rates when creating ads, this means that the prevailing market rate is always subject to volatility and users may incur losses while trading. DexPay is not responsible for any losses incurred due to changes in currency rate.
The rate of an existing ad can be updated, however once an ad has been matched with a user, the rate has been locked in and cannot be changed for that trade.
Flagging, Suspension, and Blacklisting of Your Wallet Address
DexPay has the right to flag, suspend or blacklist your wallet address for violating the terms of service or applicable laws, engaging in fraudulent activity or financial crime, providing false or misleading information, or behaving in an offensive or disruptive manner.
DexPay may also flag, suspend, or blacklist your address if it is necessary to protect the security of the platform or its users.
DexPay may flag your address if you have cancelled a matched order three times in 24 hours.
DexPay may suspend your address if you have been flagged twice in 24 hours.
Notice will be given before any flagging, suspension, or blacklisting, but in certain circumstances, DexPay may take action without prior notice.
DexPay may base its decision on confidential criteria for risk management and security protocols, and is not obligated to disclose these details to you.
If your address is suspended, DexPay will lift the suspension as soon as possible once the reasons for the action no longer exist.
Data
The data we process can be divided into the following categories:
personal data (email and bank details)
Platform use data, including trade and transaction data;
technical data (logs, search queries, site statistics, IP addresses etc.).
DexPay stores trade data of users in order to gauge their trade activities on the platform. This data informs other users of an account's trading behavior and helps them make trading decisions.
The data processed for this purpose is primarily collected from the users themselves, either when submitting new trades or making transactions on the services. Some data is collected from the use of the services, including logs and some trade data (such as timestamps). Some data is provided by other users, such as feedback after a transaction. These data cannot be reversed, changed or deleted by DexPay.
Please also note that you have the option to post some data publicly when using DexPay’s services. This may be for example through optional fields on your profile or interactions on public boards. You have control over which data you choose to include and remove, but please note that you should not post any data you consider private.
Trade data may be shared with the two parties who enter into a trade. Once a trade has been completed, the data is deleted within 30-60 days after trade completion.
Notifications
DexPay utilizes users' email addresses to notify them about pending actions on their trades. By providing your email address and using the platform, you consent to receiving notifications and updates regarding your trades via email.
Please note that email notifications are provided solely for informational purposes and should not be considered as the sole means of communication regarding your trades. While we make reasonable efforts to ensure the timely delivery and accuracy of email notifications, we cannot guarantee the timely delivery or receipt of emails due to factors beyond our control, including but not limited to technical issues, network failures, or spam filters.
Users are responsible for regularly monitoring their trades and taking necessary actions promptly, regardless of email notifications. DexPay shall not be held liable for any losses, damages, or liabilities arising from missed or delayed email notifications.
Intellectual Property Rights
All copyrights, trademarks, and other intellectual property rights related to the platform and services provided by DexPay are owned exclusively by DexPay. However, DexPay grants you a limited license to access and use their site, services, and related content solely for approved purposes, subject to the terms of the agreement. Any other use of the content is prohibited, and you agree not to copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of the content, or create derivative works from it, in whole or in part.
Wallets
Users are advised to exercise caution and implement appropriate security measures to safeguard their self-custodial wallets. Additionally, users should be wary of phishing attempts, unauthorized access attempts, or any other malicious activities targeting their wallets.
By using DexPay, users acknowledge and agree that DexPay shall not be liable for any direct or indirect losses, damages, or liabilities arising from the compromise of their self-custodial wallets due to external factors beyond DexPay’s control.
It is the user's responsibility to ensure the security of their self-custodial wallet and to take necessary precautions to mitigate any potential risks associated with its use.
General
DexPay reserves the right to transfer or assign any of its rights and obligations under this Agreement to any party at any time, without affecting your rights or its obligations under this Agreement. However, you may not transfer or assign any of your rights or obligations under this Agreement to any other party.
This Agreement, along with any documents referred to expressly in it, constitutes the entire agreement and understanding between you and us regarding all matters referred to herein, and supersedes any prior written or oral agreements relating to such matters. No oral explanation or information given by either of us shall alter the interpretation of this Agreement. By agreeing to this Agreement, you confirm that you have not relied on any representation that is not expressly included herein. However, nothing in this Agreement excludes liability for any fraudulent statement or act.
This Terms of Service has been written in English. If these terms are translated into another language, the English version shall prevail. If any part or provision of this Agreement is deemed unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
DexPay’s failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision, unless we acknowledge and agree to it in writing. Any remedies exercised by either party under this Agreement will be without prejudice to other remedies available under this Agreement or permitted by law.
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