EFFECTIVE DATE: OCTOBER 25, 2021

This User Agreement is between you (referenced herein as “you”, “your”, or “user”) and Wyre Payments, Inc., and its affiliates, including but not limited to Wyre Payments Pty Ltd, Wyred OÜ, and Wyre Technology, Inc. (“we“, “our“or “Wyre“). This User Agreement (the “Agreement”) governs your use of the services provided by Wyre described below (the “Services”) accessible through the Wyre website or mobile application and the API (the “Site”). By accessing, using, or attempting to access or use the Services, you acknowledge and agree that you have read, understood and accepted all of the terms and conditions contained in this Agreement as well as our Privacy Policy. If you do not agree, you may not access or use the Services and must immediately cease any use of the Services. We may amend this Agreement from time to time by posting a revised version of this Agreement to the Site and sending notice to the email associated with your Account (if applicable), and may do so without advance notice to you. Accordingly, please review the Agreement posted at this location on a periodic basis. Each time you use the Services, you agree to be bound by the terms of the Agreement in effect at the time of your use thereof. If you do not agree to the revised terms, you are not permitted to use the Services.

THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES YOU AND WYRE TO RESOLVE ALL DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS YOU CHOOSE TO OPT OUT OF SUCH PROVISION. PLEASE SEE SECTION 15 TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER” BELOW. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, YOU WAIVE YOUR RIGHT TO TRIAL BY JURY, AND EXCEPT AS PERMITTED BY SECTION 15, YOU WILL NOT BE ABLE TO BRING ANY CLAIMS IN STATE OR FEDERAL COURT.

AS EXPLAINED IN FURTHER DETAIL IN THE SECTION BELOW ENTITLED “E-SIGN DISCLOSURE AND CONSENT,”AUTHORIZATION TO ELECTRONICALLY RECEIVE ANY AND ALL COMMUNICATIONS (DEFINED BELOW) IS A CONDITION OF ACCESS TO AND USE OF THE SERVICES,MEANING THAT IF YOU REVOKE YOUR CONSENT TO RECEIVE SUCH COMMUNICATIONS ELECTRONICALLY YOU UNDERSTAND THAT YOU MAY NOT CONTINUE TO ACCESS OR USE THE SERVICES.

As with any asset, the value of digital currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. You should carefully consider whether trading or holding digital currencies is suitable for you in light of your financial condition. Wyre is not registered with the U.S. Securities and Exchange Commission and does not offer securities services in the United States or to U.S. persons.

PART A: GENERAL TERMS

1. THE SERVICES.

  1. Description of Services. Wyre offers a variety of Services to users, each of which is described in the applicable Part of this Agreement. These include the Core Services (Part B), which allows a user to store, exchange and transmit fiat and digital currency using the Site, the Checkout Service (Part C), which allows users to purchase digital currency in one-off transactions using the Site, and the NFT Service (Part D), which allows users to purchase non-fungible tokens through third-party provided marketplace platforms. We do not offer the Services in all jurisdictions. Additional information regarding the Services may be available and obtained through the Site. The Services, and certain aspects of the Services, may, as applicable, be delayed, restricted, forfeited, or ultimately unavailable due to certain laws and regulations governing our Services as well as certain circumstances and conditions associated with your use of the Services.
  2. Eligibility. In order to use the Services, you must be a resident of a jurisdiction we serve and be at least eighteen (18) years of age (or the applicable age of majority and contractual capacity in the jurisdiction in which you reside).

2. IDENTITY VERIFICATION.

  1. Identity Verification. In order to use the Services, you agree to provide us with the information we request for the purposes of verifying your identity and detecting potential money laundering, terrorist financing, fraud or other financial crimes and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Services. Your access to the Services and the limits that apply to your use of the Services, may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, email address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide to us changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. See our Privacy Policy for how we treat your data.
  2. OFAC Screening and Sanctions. Wyre complies with the economic sanctions programs administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC“). As part of the identity verification process, Wyre will check your information against the OFAC Specially Designated Nationals and Blocked Persons List (“SDN List“) and ensure that you are not operating in a jurisdiction subject to sanctions. Wyre will periodically check the information you provide to us against the SDN List to comply with our obligations under federal law. Wyre is not responsible for any losses, whether direct or indirect, that you may incur as a result of our compliance with applicable law, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant or other legal order.

3. PROHIBITED ACTIVITIES.

  1. Illegal Activities. You are responsible for complying with applicable law, including state and federal laws and regulations regarding money laundering, terrorist financing, and money transfer and remittance. You are responsible for understanding and abiding by the laws and regulations of each jurisdiction in which you use the Services.
  2. Service Limitations. Except as required by law, we may, without notice and without liability to you, suspend or terminate access to, or refuse to provide, any Services at any time in our sole discretion, including with limitation:

You agree that we will not be held responsible or liable to you or any other person for such action except as required by law.

4. FEES.

Wyre charges certain fees for the Services, which are described in the applicable Part of this Agreement. Any fees imposed will also be displayed to you as part of the transaction process. Wyre is not responsible for any fees charged by a third party.

5. ERRORS AND REFUNDS.

Wyre may provide refunds in certain circumstances in its sole discretion. If you believe an error has occurred or you would like to cancel your transaction, please visit our Help Center. Our Refund and Error Resolution Policy can be found here.