📄Terms of Use

Introduction

Please read these Terms of Use (hereinafter referred to as the "Terms") carefully before using the SimplePay software (hereinafter referred to as the "Software provider"), which is open-source software (https://simplepay.ai) and includes the SimplePay server REST API.

If you do not agree to these Terms, you may not access the Websites (https://s-auth.org, https://dashboard.simplepay.ai/, https://simplepay.ai/, https://explorer.simplepay.ai/, and related sites) (hereinafter referred to as the "Website") or use any services provided by the SimplePay software. All information and services on the Website are provided on an "as is" basis without any warranties.

If you do not agree to the terms, please leave the Website and do not create an account. Otherwise, you assume all risks and responsibilities for the storage and handling of virtual currency, despite our warnings.

1. Terms and Definitions

1.1 Account — an account opened by you on the Website to access the services on the Website.

1.2 AML Policy — rules aimed at preventing money laundering and terrorist financing, provided by the Software provider in accordance with regulatory legislation, which are an integral part of the Terms.

1.3 Regulatory Legislation — generally accepted international regulations and agreements applicable to these Terms to all relations between you and the Software provider.

1.4 Fee — commission or other costs, charged by the Software Provider for the use of its software.

1.5 Privacy Policy — rules for the collection, storage, and use of personal data, developed by the Software Provider in accordance with regulatory legislation, which are an integral part of the Terms.

1.6 Services — any services provided by the software from the Software Provider, specified in section 3 of the Terms.

1.7 User (also referred to as "You", "Your") — a natural person or legal entity, registered in the appropriate legal form, who opened an Account on the Website, has the right to conclude legally binding contracts and use the Website, and is not prohibited from doing so and using the Services under regulatory legislation or other applicable laws.

1.8 Virtual Currency — decentralised digital currency based on peer-to-peer, having (USDC, USDT, etc.) or not having (Bitcoin, Litecoin, etc.) a central issuer, being or not being a legal tender depending on the jurisdiction and regulatory legislation of the User's residence.

1.9 Website — internet sites supported and owned by the Software Provider at https://s-auth.org, https://simplepay.ai/, and their subdomains.

2. Status and Acceptance of Terms of Use

2.1 These Terms constitute a legally binding agreement between you and the Software Provider.

2.2 These Terms apply to all and each of the Services, information, texts, and other products offered on the Software Provider's Website.

2.3 By visiting the Website, opening an Account on the Website, or checking the box "I agree to the Terms of Use and Privacy Policy", you agree to be bound by these Terms and confirm that you have read, understood, and accepted all provisions of these Terms, as well as the provisions of our Privacy Policy, AML Policy, and other legally binding documents publicly available on the Website.

2.4 You may not use the Website and create an Account if you have not read, understood, and accepted all provisions of these Terms.

2.5 The Software provider may change, delete, or add content to the Terms and reserves the right to do so at its discretion. All new and/or amended provisions of the Terms come into effect immediately and apply to your use of the Website, Account, and Services from that date. Please regularly check these Terms to be aware of all current provisions of the Terms.

2.6 The Software provider has the right to notify you of significant changes to these Terms. This can be done by posting a notice on the Website or sending you an email (if necessary).

2.7 You may familiarise yourself with the most current version of the Terms using the link Terms of Use. If you continue to use the Website after the Company has made changes to the Terms, you explicitly confirm your agreement with the new and/or amended Terms.

2.8 These Terms, including our Privacy Policy and AML Policy, all notices, policies, warnings, and disclaimers constitute the entire agreement between you and the Software Provider.

2.9 Website users bear full responsibility for all risks associated with the use of cryptocurrencies. Such risks may include, but are not limited to:

• Theft or loss due to negligence;

• Fraud with virtual currency;

• High volatility;

• Currency regulation;

• Taxation of virtual currencies.

3. Services

3.1 The Software provider offers the following services on the Website (collectively referred to as "Services", individually referred to as "Service"):

• Providing the User with self-hosted software (hereinafter referred to as "Software") for monitoring and obtaining information about the status of crypto transactions;

• Maintaining a transaction log in the blockchain and visualising this information through the Website.

3.2 Services provided by our partners:

• AML verification of wallet addresses of User customers;

• KYC of User customers;

• Cryptocurrency exchange into fiat money and vice versa;

• Automatic exchange of received cryptocurrencies into others chosen by the User.

• Other services.

3.3 The Software provider offers only Services related to providing information about cryptocurrency payment statuses and storing data in a decentralised blockchain network.

3.4 To receive services from the Software provider, the User is never required to store funds of the User or its clients on the Software provider's wallets. All funds are stored only in the User's own wallets.

3.5 The Software provider does not have access to User wallets.

3.6 When using services provided by Software provider's Partners as listed in clause 3.2, funds may pass through the wallets or smart contracts of the Partners. The Software provider is not liable for risks associated with these services.

3.7 The Software provider may at any time disable access to the Website, Account, and/or specific Service or all Services in general and reserves the right to do so at its discretion without providing reasons.

3.8 The provision of Services may be delayed due to circumstances including but not limited to technical difficulties, reasonable doubts regarding the nature or source of funds deposited on the Website, conducting AML/KYC checks as provided in the AML Policy, etc.

4. User's Eligibility

4.1 To access the Services, you need to open an Account on the Website by registering on the Website.

4.2 The Services and use of the Website are available to individuals or legal entities who:

• have reached the age of 18 years (for individuals);

• have the right to conclude legally binding contracts and use the Website, and are not prohibited from doing so and using the Services under regulatory legislation or other applicable laws;

• reside or are registered in countries and territories supported by us.

4.3 You may have only one Account on the Website. You must not create more than one Account on the Website unless explicitly permitted by the Company.

4.4 You may not create an Account on the Website if your Account has previously been suspended by the Company.

5. Personal Account

5.1 When opening an Account on the Website, you warrant that any and all information submitted by you is accurate, valid, up-to-date, and complete.

5.2 You shall not use your Account for illegal purposes and activities, including but not limited to money laundering, terrorism financing, human trafficking, drug trafficking, weapon trafficking, sex trafficking, or tax evasion.

5.3 You must not create an Account on behalf of another individual or entity unless you are legally authorised to do so.

5.4 You are solely responsible for keeping your Account secure. Do not share your login, password, or any other access details with others.

5.5 The Software provider reserves the right to suspend your Account without notice or reason in case of any violation of these Terms.

6. User Behaviour

6.1 By visiting, accessing, and using the Website and Services, you agree to:

• not violate or assist any third party in violating these Terms and/or any Regulatory Law, including but not limited to international laws, national laws, statutes, regulations, etc.;

• not provide false, inaccurate, incomplete, and misleading information to the Software provider;

• not violate the intellectual property rights (trademark, copyright, patent, and other intellectual property rights) of the Software provider specified in paragraph 10 of these Terms;

• not use the Website in any way that can damage, disable, or overburden the Website, including but not limited to uploading viruses, Trojan horses, spyware, adware, or any other malicious code while using the Website; performing DDoS attacks, interfering with or disrupting any network, equipment, or server connected to or used to provide services on the Website;

• not attempt to gain unauthorized access to the Website, other Users' Accounts, computer systems, or networks connected to the Website or to extract data from the Website;

• not share your Account and/or password with third parties or use any other person's Account and/or password;

• not impersonate or misrepresent your affiliation with another User, person, or entity, nor make other fraudulent, false, deceptive, or misleading representations;

• not violate any laws applicable in your jurisdiction concerning the use of Virtual Currency;

• not violate these Terms and Regulatory Law in any other way.

7. Account Closure and Suspension

7.1 You may close your Account at any time at your discretion.

7.2 The Software provider reserves the right to suspend your Account in case:

• we reasonably believe your Account has been compromised, as well as for any other security reasons;

• we reasonably believe your Account is being used by a person without the right and/or authorization to do so;

• you, your Account, your behaviour poses regulatory risks to the Software provider;

• we reasonably suspect you of fraud, violating the Regulatory Law;

• other reasons that constitute a violation of these Terms and the Regulatory Law.

7.3 The Software provider may, but is not obliged to, notify you about the reasons for suspending your Account.

7.4 In the event of Account closure or suspension, you will still be liable for all applicable Fees.

7.5 The Software provider is not liable for any losses suffered due to the closure or suspension of your Account.

8. Fees

8.1 The Website is operated on a Fee-charging basis for the Services. Details on the fees for each transaction may be found on https://s-auth.org/ .

8.2 The Software provider may change the Fee structure at any time (including adding new fees for new Services) and reserves the right to do so at its sole discretion. The Software provider will provide information about changes on the Website.

8.3 Fees are paid in a Virtual Currency that corresponds to the respective Service.

9. Content

9.1 The Software provider may produce and display content (the "Content") on the Website, which includes but is not limited to information, texts, images, video, and audio files.

9.2 The Content does not constitute any form of investment advice, financial advice, trading advice, or any other sort of advice unless specifically mentioned otherwise and should not be construed as such. The Software provider shall not hold liability for any actions that arise from its Content.

10. Intellectual Property

10.1 All components, Content of the Website, and the Website as a whole belong to the Software provider and are protected with, including, but not limited to copyright, trademarks, trade secrets. All rights reserved.

10.2 You must not reproduce, reprint, publish, modify, distribute, display, transmit, license, transfer or otherwise exploit Content or technology from the Website without the Software provider's prior written consent.

10.3 Violation of any of the intellectual property rights of the Software provider is strictly prohibited.

11. Links to Third-Party Websites

11.1 The Website may contain links to third-party websites or services that are not owned or controlled by the Software provider.

11.2 The Software provider has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. The Software provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

12. Disclaimers and Limitations of Liability

12.1 For non-performance or improper performance of their obligations under these Terms, the Software provider and you shall be liable in accordance with these Terms and the Regulatory Law.

12.2 The Website, Content, and Services are provided without any guarantees, conditions, or warranties as to its accuracy, quality, and fit for a particular purpose or need. The Software provider does not guarantee that the Website and Services are error-free, reliable, or will operate without interruption.

12.3 The Website is provided to you on the "AS-IS" basis.

12.4 The Software provider shall not be liable for the use or inability to use the Website and Services.

12.5 In no event shall the Software provider, its officers, directors, employees, agents, third-party service providers be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) the accuracy, completeness, or content of the Website, (ii) the accuracy, completeness, or content of any websites linked (through hyperlinks, banner advertising or otherwise) to the Website, (iii) the Services found at the Website or any websites linked (through hyperlinks, banner advertising or otherwise) to this Website, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of Software provider's servers and/or any and all content, personal information, blockchain information or other information and data stored therein, (vii) any interruption or cessation of Services to or from the Website or any websites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any websites linked (through hyperlinks, banner advertising or otherwise) to this Website, (ix) any loss or damage of any kind incurred as a result of your use of the Website or the Services found at the Website, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not the Software provider is advised of the possibility of such damages, (x) losing access and/or unauthorized access to your Account, (xi) any errors or malfunctions caused by or otherwise related to any wallets used to deposit and withdraw Virtual Currencies, (xii) malfunctions, breakdowns and abandonment of blockchain protocols, (xiii) changes in regulatory approaches or legal actions taken regarding the blockchain technology and Virtual Currency, (xiv) taxation and/or changes in tax system regarding Virtual Currencies, (xv) advancements in cryptography, any technical advancements that may present risks to blockchain protocols, (xvi) unfavorable fluctuations of Virtual Currencies, (xvii) errors in the provision of Services; (xviii) other risks associated with purchasing, holding, and Virtual Currencies, and using the Website and Services.

12.6 The Software provider shall not be liable for any events that may include but are not limited to civil, criminal, and administrative actions that may arise from you using blockchain and Virtual Currency if such use is forbidden or otherwise limited in your country.

12.7 The Software provider, its officers, directors, employees, and agents do not provide investment advice, financial advice, trading advice, legal advice or any other sort of advice.

12.8 To the extent permitted by Regulatory Law, you agree to defend, indemnify, and hold harmless the Software provider from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (i) your use of and access to the Website and Services; (ii) your violation of any term of these Terms; or, (iii) your violation of the Regulatory Law, including any law, rule, or regulation, or the rights of any third party.

12.9 In case of any circumstances of insuperable force (i.e. events of extraordinary or insuperable nature) that have occurred and remain in effect beyond your and the Software provider's (the "Parties'") control and that a Party could neither foresee nor prevent for objective reasons, if these circumstances prevent a Party from proper fulfilment of its obligations hereunder, the term for fulfilment of such obligations hereunder shall be extended for the period of the effect of such circumstances of insuperable force. The circumstances of insuperable force shall include wars and other military operations, earthquakes, floods, and other natural disasters, adoption of laws and regulations by state and local authorities, failure of power supply or communication system or other similar circumstances that prevent the Parties from the proper fulfilment of their obligations hereunder.

13. Announcements

13.1 The Software provider may from time to time post official announcements, news, notices, etc. (the "Announcements") on the Website and its Social networks. In no event shall the Software provider be liable for any losses arising from you neglecting or ignoring the Announcements.

14. Regulatory Law and Dispute Resolution

14.1 Services under these Terms are provided as-is and used at your own risk and responsibility.

15. Force Majeure

15.1 We will not be liable for delays, failure in performance or interruption of service which results directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labour dispute, fire, interruption in telecommunications or internet services or network provider services, interruptions in blockchains, failure of equipment or software, other catastrophe or any other occurrence which is beyond our reasonable control and will not affect the validity and enforceability of any remaining provisions.

16. Final Provisions

16.1 These Terms shall remain in force until terminated either by you or the Software provider. The Software provider may terminate these Terms at any time at its own discretion without explaining the reasons for this decision.

16.2 If any questions have not been regulated by these Terms, they shall be regulated under the Regulatory Law.

16.3 These Terms are a legally binding agreement and together with its other integral parts constitute an entire agreement between you and the Software provider.

16.4 In an event the Website is available in multiple languages, the English version of the Terms shall prevail.

16.5 All provisions of these Terms applicable to the Website shall apply to others means of providing Services, including the App, unless specifically stated otherwise. 16.6 Should you have any comments, questions, or complaints, please contact us at [e-mail].