1. The Service.

The NFTpay NFT distribution platform (the “NFT Platform”) is a feature offering the resale of non-fungible tokens (i.e., a unique cryptographic hash) and customized content (“Collectibles”) that is linked to non-fungible tokens and registered on a blockchain (the Collectible and associated non-fungible token, collectively, an “NFT”) to customers (the “Customers”) of NFTs and Digital Collectibles, which can be purchased using cryptocurrency (USDC) or credit card through the Circle Payment API payment platform. The NFTpay NFT Platform is wholly owned and controlled by NFTpay, Inc., a Delaware corporation.

2. Availability of Third-Party Services.

The proper functioning of NFTpay platform depends on its interaction with several party providers.

Transactions may, from time to time, fail due to technical or other reasons. Customers therefore acknowledge that we may not be liable for a technical issue that may affect its transaction in executing the purchase of the NFTs. Whenever a transaction fails due to technical reasons, a Customer may qualify for a refund. Please see the "Refunds" section below to know more.

3. Limitations of use.

The Customer can buy NFTs to the extent Customer complies with the following maximum limits.

A. For Customers without accounts

A single purchase of up to $5000 (USD) daily limit

No single purchase can be made in excess of 5000 USD

B. For Customers with verified accounts

Limits per value of purchase, number of purchases and daily amounts can be raised on a case-by-case basis, subject to a know-your-customer procedure, whereby the Customer provides us with some information, as required under applicable laws and regulations. Please contact us at support@nftpay.xyz should you wish to verify your account.

Any Customer using more than one NFTpay account, or any other expedient, in order to circumvent the above mentioned limits, is in breach of these Terms and can have its account, or accounts, suspended until further notice.

To the extent necessary under applicable laws and regulations or our internal policies, such illegal circumvention of the use limitations may be reported to the relevant authorities, whenever it reveals, in our sole understanding, signs of suspicious activity.]

4. Refunds.

As explained above in “Availability of Third-Party Services”, the purchase of NFTs through the NFTpay Credit Card solution depends on the proper functioning of third-party systems.

Therefore, from time to time, the failure of such systems may cause a transaction to fail, meaning:

The Customer did not receive the NFT that was sent to the customer's cryptocurrency wallet address;

The NFT was purchased and paid for, but cannot be uploaded or minted on the account; or

The NFT was purchased and paid for, but cannot be minted on account of it not being valid.

In case the Customer does not receive the NFT after having paid and appropriate diligences are made by us to provide for the delivery of the NFT or understand the cause of the delay, the Customer may request for a refund.

In case the NFT was received but cannot be redeemed, the Customer shall inform us. We will then start appropriate diligences with the relevant third-party providers in order to correct the issue. Should the third-party provider fail to correct the issue and agrees to refund us, we will then refund the Customer.

Please note that the Customer does not have a cooling off period of any kind after acquiring a NFT. Once a NFT is received, no refunds or reimburses will be offered. In case of technical error causing the NFT not to be delivered to the Customer, we will refund the Customer in full with a return transaction in the same cryptocurrency. Refunds must be requested within 30 days from the date of the transaction. For the purposes of requesting a refund or any further information, the Customer shall contact support@nftpay.xyz or use the chat available at NFTpay.

5. Disclaimers related to the NFT.

We are a reseller of the NFT. We are not the creator, designer, issuer, organizer, beneficiary or manager of the NFT (the “Issuer”), nor have we played any role in deciding the terms and conditions applicable to each NFT. Therefore, we are not liable for any issue, damage or loss arising from the terms and conditions of each individual NFT. We are not sponsored by any Issuer, nor are we related, acting on behalf or under express authorisation of any Issuer. The Customer, by acquiring the NFT, is also getting into a contractual relationship with the Issuer, to which we are a third-party, against which the contractual defenses and rights arising from the relationship between Customer and Issuer shall not apply. The Customer shall engage in adequate due diligence regarding the terms and conditions of the NFT being acquired, in what respects its usability and enforcement against the Issuer. We will not accept or be liable for any claims in relation thereto. Those terms and conditions govern the NFT acquired. Customers acknowledge and agree that we are not liable for any decision or policy of the Issuer to refuse to accept the NFT on the grounds of the terms and conditions that the Issuer applies in relation to the NFT. We make no representation regarding the NFT's suitability for its intended use and make no other guarantees, warranties or representations in respect of the NFT.

6. Responsibility of the Customer.

The Customer is fully liable for any mistakes, losses or damages (against himself, us, or any third-party) arising from (i) the provision of incorrect, inaccurate or fake information and from (ii) the acquisition, resale, use or other related activities of the NFT, in a manner that infringes any applicable laws, regulations, contractual terms and conditions or other agreements. The Customer is solely responsible for the accuracy and correctness of the information inserted on the platform (including, but not limited to, the wallet address to which the NFT must be delivered and the amount purchased). The Customer is responsible for maintaining the confidentiality of its password and account and for any activities and transactions that occur under its account. We shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

7. Unlawful use.

NFTpay and the NFTs shall not be used, in any way, to infringe or circumvent the applicable laws and regulations and any unlawful behavior is absolutely forbidden on NFTpay. Should we become aware, or reasonably suspect, that a Customer is conducting unlawful activities, or otherwise breaking applicable laws and regulations, or third-party rights, such Customer activities, including but not limited to its purchase history and other data pertaining to its account, will be reported to the relevant authorities, and its access may be restricted until further notice. Any such Customer hereby acknowledges and consents to such disclosures.

8. Customer Re-sale.

NFTs purchased through NFTpay may not be resold and shall be uploaded only either by the Customer, on the Customer's behalf, or by someone to whom the Customer has gifted the NFT.

9. KYC Policy

NFTpay has established Know Your Counterparty (KYC) procedures to combat money laundering and the financing of terrorism. These procedures allow us to identify customers that we deal with, to understand the legitimacy of our business relationships, and to identify and react to unusual or suspicious activity.

To support our KYC policy and procedures, NFTpay requests relevant information from Customers to identify risks. We require this information before Customers transfer ownership of digital assets to wallets or addresses outside the control of NFTpay.

10. Additional Policies

Clients of NFTpay agree to the following:

A. Client Liability for Fines

Clients shall bear full responsibility for any fines or penalties incurred due to their transactions.

B. Fund Withholding.

NFTpay reserves the right to withhold funds if transactions are deemed to pose a risk of chargeback or are in breach of our terms and conditions.

C. Application of Reserves

NFTpay may impose or adjust reserve requirements at its sole discretion should a client be deemed higher risk.

D. Chargebacks and Refunds

Clients are responsible for all chargebacks and refunds and agree to reimburse NFTpay for any amounts charged back or refunded.

E. Fraud Management

Clients acknowledge that NFTpay employs a fraud management system that identifies imminent chargebacks. In such instances, NFTpay proactively refunds affected transactions. Clients recognize that these refunds are their responsibility and must be repaid to NFTpay.

F. Mandatory Reserve Requirement

Clients are required to maintain a minimum reserve of 10% unless otherwise stipulated.

G. Pricing

NFTpay applies an additional 2% fee on top of what is charged by acquirers for services.

NFTpay, 5310 Las Verdes Circle 218
Delray Beach, FL 33484

email: support@nftpay.xyz

©2024 NFTpay. All rights reserved

This document last updated May 7th, 2024