These Terms of Service (the “Terms“) apply as an agreement between any parent entity, subsidiary, affiliates, or legal entity belonging to the MoneyFlap group (also referred to in these Terms as “we”, “our”, “ours”, “us”, “MoneyFlap“) and the User (also referred to as “you”, “your” or “yours“). By using the website located at https://www.moneyflap.com, the related mobile website, and the mobile application (collectively, the “Websites“), you agree to be bound by these Terms of Service (this “Terms of Service” or “Agreement“), whether or not you register as a client of MoneyFlap ("Client"). If you wish to become a client and/or make use of the service (the “Service“), please read this Agreement. If you object to anything in this Agreement or the MoneyFlap Privacy Policy, do not use the Service.
This Agreement is subject to change by MoneyFlap at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following MoneyFlap posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This electronic contract sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by MoneyFlap from time to time, such modifications to be effective upon posting by MoneyFlap on the Websites. By accessing and/or using the Websites or becoming a client, you accept this Agreement and agree to the terms, conditions, and notices contained or referenced herein.
To access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
We provide services that include, but are not limited to:
To open a MoneyFlap Account and use our Services, you must confirm that:
You are at least 18 years old
You are a non-US and non-UK resident and citizen
You are a citizen or resident of the jurisdictions we support
You are not restricted or suspended to use the MoneyFlap Services
You are not an individual blacklisted by the United Nations (UN), the European Union (EU), Bulgaria, and the United Kingdom (UK) Treasury Department or designated as a “Specially Designated National” by OFAC (Office of Foreign Assets Control of the U.S. Treasury Department) or placed on the U.S. Commerce Department’s “Denied Persons List”
You are not a citizen or resident of a country blacklisted or sanctioned by the US Office of Foreign Assets Control (OFAC), the United Nations (UN), the European Union (EU), Bulgaria, and the United Kingdom (UK) Treasury
You have read, understood, and agreed to all MoneyFlap legal disclosures, including the Privacy Policy and Terms of Service
We have the right to refuse your account opening limit your access to our Services or reassess your eligibility whenever we encounter that the information/documents you provided are inaccurate or expired, and you do not comply with all legal requirements.
If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
You are an authorized representative of the Subscribing Entity, and you have the authority to bind the Subscribing Entity to this Terms of Service;
You have read and understand this Terms of Service; and
You agree to this Terms of Service on behalf of the Subscribing Entity.
Illegal and/or unauthorized uses of the Websites include but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of clients by electronic or other means to send unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of MoneyFlap, which may be revoked at any time, for any reason, in MoneyFlap’s sole discretion.
We transparently publish all our transaction fees and limits on our Websites. However, our transaction fees and limits may vary to increase or decrease charges. You can always review and confirm our current transaction fees and limits before initiating any payments. In some cases, we may offer promotional fees or discounts on transactions to any users, including you.
This general risk disclosure lists the most prevalent risks associated with holding or trading Virtual Currencies, but the following list of risks is not exhaustive. You hereby acknowledge and accept these risks, including the unforeseen ones, use our Services at your own risk, and you will not hold MoneyFlap responsible for any irreversible and unrecoverable losses relating to these risks.
You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify MoneyFlap of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MoneyFlap will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your MoneyFlap account.
You hereby represent and warrant to MoneyFlap as follows:
MoneyFlap reserves the right to remove Your Content, suspend or terminate your access to the Platform, and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate this agreement and/or the use of the MoneyFlap Services at any time by closing your MoneyFlap Account. If you terminate this agreement or close your MoneyFlap Account, to help MoneyFlap analyze and improve the Service, you may be asked to provide a reason for your closure/termination. However, MoneyFlap reserves the right to cancel your request to close your account due to regulatory and compliance obligations.
MoneyFlap may suspend, limit, or terminate your account for any reason by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to MoneyFlap. Without any liability and at any time, MoneyFlap may suspend, limit, or terminate your use of MoneyFlap Services, or your access to your MoneyFlap account if:
All decisions regarding the termination of accounts shall be made at the sole discretion of MoneyFlap. MoneyFlap is not required to provide you notice before suspending, limiting, and terminating your account. MoneyFlap is not required and may be prohibited, from disclosing a reason for the termination of your account. Even after your account is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
MoneyFlap reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MoneyFlap shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
To protect the integrity of the Services, MoneyFlap reserves the right at any time in its sole discretion to block Clients from certain IP addresses from accessing the Websites.
MoneyFlap retains all proprietary rights in the Websites and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of MoneyFlap, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on MoneyFlap is proprietary. Except where otherwise specified in this Agreement, all Content is the copyrighted material of MoneyFlap and for MoneyFlap's Clients' use only. Distribution of Content to others is strictly prohibited. You agree that MoneyFlap would be irreparably harmed by any violation or threatened violation of this section and that, therefore, MoneyFlap shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
We may provide links to third-party websites, and some of the content appearing on MoneyFlap may be supplied by third parties. MoneyFlap has no responsibility for these third-party websites nor for their content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third-party content providers.
You agree that any content you upload to the Websites and/or the Service ("Your Content") shall become the property of MoneyFlap. This shall not affect Sections (Copyright Policy), (Limitation of Liability), and (Indemnity by You) of this Agreement.
However, concerning Your Content, MoneyFlap grants you a worldwide, royalty-free, and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content, except for commercial or for-profit use accounts.
Any Content other than Your Content is the property of the relevant Uploader and is or may be subject to copyright, trademark rights, or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Websites from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost another user's Content, or include another user's Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
You acknowledge that MoneyFlap contains images, text, and other content (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets, and/or other proprietary rights and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and MoneyFlap owns a copyright in the selection, coordination, arrangement, and enhancement of such Intellectual Property. All trademarks appearing on this Website are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
MoneyFlap prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Under Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
254 Chapman Rd, Ste 208 #16275, Newark, Delaware 19702, United States of America
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to MoneyFlap at the address shown above, giving a written statement that contains:
MoneyFlap will process any notice of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
You hereby acknowledge and agree that MoneyFlap (i) stores Content and other information at the direction, request, and authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage, and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of the content that you upload, post, or distribute to, on or through the Websites, and to the extent permissible by law, MoneyFlap excludes all liability concerning all Content (including Your Content) and the activities of its users with respect thereto.
You hereby acknowledge and agree that MoneyFlap cannot and does not review the Content created or uploaded by its users, and neither MoneyFlap nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders has any obligation and does not undertake or assume any duty, to monitor the Websites for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.
MoneyFlap and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders hereby exclude, to the fullest extent permitted by law, any liability that may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim concerning any of the foregoing against MoneyFlap or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders.
MoneyFlap will suspend or terminate your access to the Websites if MoneyFlap determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Service.
If we receive a valid notification from a third party by our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Service, we will send you a written warning. Any user that receives multiple such warnings is liable to have their access to the Websites terminated immediately.
In no event shall MoneyFlap be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Website or any written or oral communications from MoneyFlap or its employees or agents shall be construed to make any promise, covenant, or guarantee, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Websites and the services provided by employees of the Websites are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. MoneyFlap makes no warranties, express or implied, as to the ownership, accuracy, completeness, or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted, error-free, or free from virus or third-party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL MONEYFLAP, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF MONEYFLAP HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL MONEYFLAP HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF MONEYFLAP HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
If any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of MoneyFlap and sole remedy available to any Client in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Client or user to MoneyFlap during the six months before notice to MoneyFlap of the dispute for which the remedy is sought.
You agree to indemnify and hold MoneyFlap, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
If MoneyFlap is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for MoneyFlap’s attorneys' fees and costs.
Use of the Websites and/or the Service is also governed by our Privacy Policy, located at PRIVACY POLICY
Suppose there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service. In that case, you expressly agree that any such dispute shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions. You expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Delaware with the same force and effect as if such service had been made within the State of Delaware. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any disputes, claims, and causes of action (collectively, "Claim") arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held by the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected through mutual agreement or through the American Arbitration Association's selection procedures.
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
This Agreement is the complete and exclusive statement of the agreements between you and MoneyFlap concerning the subject matter hereof, and supersedes all prior written or oral agreements or understandings.
Suppose any provision of this Agreement is found to be invalid by any court having competent jurisdiction. In that case, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, MoneyFlap's failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect MoneyFlap's ability to enforce such term at any point in the future.
Please contact us with any questions regarding this agreement at legal@moneyflap.com
Updated on 14 April 2024