Terms of Service

1. Acceptance of Terms

By accessing or using our Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our Services.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and/or notifying you directly. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

2. Eligibility

You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you meet all eligibility requirements. If you are using the Services on behalf of a legal entity, you further represent and warrant that you are authorized to enter into these Terms on behalf of that entity.

You are responsible for ensuring your use of the Services complies with all laws, regulations, and rules applicable in your jurisdiction. The Services may not be available in all regions and countries, and we reserve the right to restrict access from certain locations.

3. Description of Services

The Megapayer ecosystem includes, but is not limited to, the Megapayer blockchain, decentralized applications, development tools, financial products, digital wallets, and related services. These Services enable users to interact with blockchain technology, create and exchange digital assets, participate in decentralized finance activities, and utilize blockchain-based applications.

We may update, modify, or discontinue any aspect of our Services at any time without prior notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

4. Blockchain Technology Risks and Acknowledgments

By using our Services, you acknowledge and agree to the following:

• Blockchain technology and cryptocurrencies are subject to unique risks, including but not limited to high price volatility, security vulnerabilities, regulatory uncertainty, and network disruptions;
• You are responsible for securing your private keys, passwords, and other access credentials – lost credentials typically cannot be recovered due to the nature of blockchain technology;
• Transactions recorded on the blockchain are generally irreversible and immutable;
• Smart contracts and decentralized applications may contain bugs, vulnerabilities, or other issues that could result in loss of funds or other negative consequences;
• The regulatory landscape for blockchain technology and digital assets is evolving, and future regulatory changes may impact the availability or functionality of our Services;
• Market conditions and technical factors may affect transaction processing times and fees on the blockchain.

You agree to assume all risks associated with using blockchain technology.

5. User Accounts

Some of our Services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason in our sole discretion. You may close your account at any time, but you remain liable for all obligations related to your account even after it is closed.

6. User Conduct

While using our Services, you agree not to:

• Use the Services for any illegal purpose or in violation of any local, state, national, or international law;
• Violate or attempt to violate the security of the Services;
• Interfere with or disrupt the operation of the Services or servers connected to the Services;
• Attempt to bypass any measures we may use to prevent or restrict access to the Services;
• Engage in fraudulent activity or encourage others to do so;
• Attempt to manipulate or artificially influence markets or transactions;
• Impersonate or attempt to impersonate Megapayer, a Megapayer employee, another user, or any other person;
• Upload or transmit viruses, worms, or other malicious code;
• Use the Services to violate the property rights of others, including intellectual property rights;
• Use the Services to harass, abuse, or harm another person or group;
• Use the Services to engage in market manipulation, fraud, or deceptive conduct.

7. Intellectual Property Rights

The Services and their contents, features, and functionality are owned by Megapayer, its licensors, or other providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purposes in accordance with these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent.

Some components of our Services may be offered under an open-source license. In such cases, the terms of the applicable open-source license will govern your use of those components.

8. Third-Party Content and Services

Our Services may display, include, or make available content from third parties ("Third-Party Content") or provide links to third-party websites or services. We do not control, endorse, or adopt any Third-Party Content and will not be responsible for any Third-Party Content or websites.

Your interactions with third-party services are solely between you and the third party. We are not responsible or liable for any loss or damage of any sort resulting from any such interactions.

9. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEGAPAYER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

MEGAPAYER MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

WE DO NOT PROVIDE INVESTMENT ADVICE AND ANY CONTENT AVAILABLE THROUGH OUR SERVICES SHOULD NOT BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT RESPONSIBLE FOR ANY LOSS OF FUNDS OR DIGITAL ASSETS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MEGAPAYER OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

11. Indemnification

You agree to defend, indemnify, and hold harmless Megapayer and its affiliates, directors, officers, employees, agents, partners, contractors, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to or use of the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any claim that your content caused damage to a third party.

12. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in San Francisco, California, USA.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.

13. Governing Law

These Terms shall be governed by the laws of the State of California, USA, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

14. Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

15. Miscellaneous

Entire Agreement: These Terms constitute the entire agreement between you and Megapayer regarding the Services and supersede all prior agreements and understandings.

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms without the prior written consent of Megapayer. Megapayer may freely assign these Terms.

Contact: Questions about the Terms should be sent to legal@megapayer.io.