Terms & Conditions

Last Updated: 26 May 2026

These Terms & Conditions (the “Terms”) constitute a legally binding agreement entered into between you (“User”, “you”, “your”, or “Customer”) and PayFun (“PayFun”, the “Company”, “we”, “our”, or “us”) governing your access to and use of the Platform, Services, Cards, Digital Asset functionalities, and all related products, technologies, applications, websites, software, APIs, and services provided, operated, facilitated, or made available by PayFun from time to time.

By accessing, downloading, registering for, using, or otherwise interacting with the Services, you acknowledge, represent, warrant, and agree that:

you have carefully read, fully understood, and accepted these Terms in their entirety;
you possess full legal capacity, authority, and competence to enter into legally binding agreements;
you shall comply with all Applicable Laws in connection with your use of the Services; and
you shall be legally bound by these Terms, as amended, supplemented, restated, or replaced from time to time.

If you do not agree to these Terms, you shall immediately discontinue all access to and use of the Services.

1. Definitions and Interpretation

For the purposes of these Terms, the following terms shall have the meanings assigned to them below:

“Applicable Laws” means all applicable laws, statutes, ordinances, regulations, rules, directives, notices, circulars, orders, judgments, decrees, sanctions regimes, regulatory requirements, governmental guidance, legally binding obligations, and judicial or administrative determinations imposed by any governmental authority, regulatory body, court, tribunal, enforcement authority, self-regulatory organization, or governmental agency in any jurisdiction.

“Card” means any Virtual Card, Physical Card, digital payment credential, payment token, prepaid card, debit card, stored value card, or related payment instrument issued, facilitated, enabled, supported, distributed, connected, or made available through the Services.

“Digital Assets” means cryptocurrencies, stablecoins, digital tokens, blockchain-based assets, virtual assets, cryptographic assets, digital representations of value, or any other digital assets supported, recognized, or facilitated by PayFun from time to time.

“Platform” means the PayFun website, mobile applications, APIs, interfaces, software systems, technologies, infrastructure, databases, payment systems, and related technologies through which the Services are made available.

“Services” means all products, services, features, functionalities, technologies, software, content, payment services, wallet services, conversion services, Card services, settlement services, transaction facilitation services, and related offerings made available by PayFun.

“Supported Assets” means Digital Assets supported by PayFun from time to time in its sole and absolute discretion.

“Virtual Card” means any virtual payment card, digital payment credential, payment token, or related payment instrument issued, facilitated, enabled, supported, or connected through the Services.

“Physical Card” means any physical payment card, prepaid card, debit card, stored value card, or related tangible payment instrument issued, facilitated, enabled, supported, distributed, or connected through the Services.

“Prohibited Jurisdiction” means any jurisdiction, country, territory, or region that is restricted, sanctioned, embargoed, prohibited, or otherwise determined by PayFun in its sole and absolute discretion.

References to the singular shall include the plural and vice versa. Headings are inserted for convenience only and shall not affect interpretation.

2. Scope of Services

2.1. PayFun provides Digital Asset-enabled financial technology and payment facilitation services, including but not limited to:

a. Digital Asset wallet services;

b. Card services;

c. Digital Asset conversion and settlement services;

d. payment facilitation services;

e. merchant payment services;

f. fiat settlement services;

g. transaction management tools;

h. reporting tools; and

i. ancillary or related services made available by PayFun from time to time.

2.2. Certain aspects of the Services may be provided through, supported by, integrated with, facilitated by, or otherwise dependent upon third-party service providers and infrastructure, including but not limited to financial institutions, licensed payment service providers, banking partners, custodians, Digital Asset exchanges, liquidity providers, card issuers, payment processors, telecommunications providers, cloud infrastructure providers, technology vendors, compliance service providers, and other third-party intermediaries or infrastructure providers, and Users acknowledge and agree that the availability, functionality, processing, settlement, performance, and continuity of the Services may accordingly be subject to the operational capabilities, policies, requirements, limitations, actions, failures, delays, restrictions, and availability of such third parties.

2.3. PayFun reserves the unrestricted right, at any time and without prior notice, in its sole and absolute discretion, to modify, suspend, discontinue, terminate, restrict, replace, remove, impose conditions upon, or refuse access to any aspect of the Services, including but not limited to Supported Assets, blockchain networks, payment channels, transaction limits, functionalities, APIs, features, integrations, settlement mechanisms, or any part of the Platform infrastructure, whether temporarily or permanently, and shall not be liable for any losses, damages, liabilities, costs, or disruptions arising directly or indirectly from the exercise of such rights.

3. Licensing and Regulatory Disclosure

3.1. PayFun may provide Services directly or through third-party entities, financial institutions, custodians, payment institutions, banking partners, card issuers, payment processors, or service providers.

3.2. Users acknowledge and agree that:

a. regulatory treatment of Digital Assets varies significantly across jurisdictions;

b. Digital Assets may become prohibited, restricted, regulated, impaired, or otherwise affected by Applicable Laws at any time;

c. Services may not be available in all jurisdictions;

d. certain Services may be subject to additional terms imposed by third-party providers; and

e. Cards may be issued by regulated third-party financial institutions or payment service providers

3.3. Nothing contained in these Terms, the Services, the Platform, or any materials, communications, content, information, analytics, market commentary, pricing data, or statements provided by PayFun shall constitute, or be construed as constituting, financial advice, investment advice, legal advice, tax advice, accounting advice, fiduciary advice, or any recommendation, endorsement, solicitation, or representation regarding the suitability, legality, profitability, or appropriateness of any transaction, Digital Asset, investment strategy, or financial activity, nor shall anything contained herein be interpreted as a representation, warranty, or guarantee that PayFun is licensed, regulated, registered, or otherwise authorized to provide any Services in every jurisdiction, and Users are solely responsible for ensuring that their access to and use of the Services complies with all Applicable Laws applicable to them.

4. Eligibility and User Representations

4.1. By accessing or using the Services, you represent, warrant, and undertake on a continuing basis that:

a. you are at least eighteen (18) years of age or the legal age of majority in your jurisdiction;

b. you possess full legal capacity and authority to enter into binding agreements;

c. you are not located in a Prohibited Jurisdiction;

d. you are not subject to sanctions or restrictive measures;

e. you are not acting on behalf of sanctioned persons or prohibited entities;

f. all Digital Assets used in connection with the Services are lawfully obtained;

g. you shall not use the Services for unlawful purposes;

h. your use of the Services does not violate any Applicable Laws; and

i. all information provided to PayFun is accurate, complete, current, and not misleading.

4.2. PayFun reserves the unrestricted right, at any time and without prior notice or liability, to refuse access to the Services, suspend, restrict, or terminate any account, freeze or withhold assets, block, reject, reverse, delay, suspend, or cancel transactions, impose additional conditions or verification requirements, or otherwise prohibit or limit the use of the Services where PayFun determines, in its sole and absolute discretion, that any legal, regulatory, compliance, operational, reputational, cybersecurity, financial crime, commercial, sanctions-related, fraud-related, or risk management concerns may arise, or where such actions are deemed necessary or appropriate by PayFun to comply with Applicable Laws, internal policies, regulatory expectations, banking partner requirements, card network rules, law enforcement requests, or the legitimate interests of PayFun, its affiliates, users, or third-party service providers.

4.3. Access to the Services may be restricted, unavailable, limited, or prohibited in certain jurisdictions, regions, or territories, and Users are solely responsible for ensuring that their access to and use of the Services is lawful in their jurisdiction.

5. Account Registration, Verification, and Compliance

5.1. Users may be required, as a condition to accessing or continuing to access certain Services, to establish and maintain accounts with PayFun and to complete identity verification, know-your-customer (“KYC”), enhanced due diligence, onboarding, compliance, security, or other verification procedures required by PayFun, its affiliates, banking partners, payment processors, custodians, card issuers, regulators, or Applicable Laws from time to time. Users represent, warrant, and undertake on a continuing basis that all information, records, documents, declarations, wallet information, source-of-funds information, source-of-wealth information, and other materials provided to PayFun shall be complete, accurate, authentic, current, lawful, and not misleading in any respect, and Users shall promptly update any information previously provided where changes occur.

5.2. Users further agree and undertake to maintain the confidentiality, integrity, and security of all account credentials, passwords, authentication methods, access devices, APIs, private keys, recovery credentials, and related security information associated with the Services, and to implement and maintain appropriate device security measures, cybersecurity protections, anti-malware protections, access controls, and other safeguards necessary to prevent unauthorized access, misuse, fraud, cybersecurity incidents, or compromise of their accounts, devices, Digital Assets, or data. Users shall promptly notify PayFun of any actual or suspected unauthorized access, security breach, credential compromise, fraudulent activity, suspicious transaction, phishing attempt, malware infection, cybersecurity incident, or other security-related event affecting or potentially affecting the Services or the User’s account.

5.3. PayFun may, at any time and without prior notice, conduct know-your-customer (“KYC”) procedures, enhanced due diligence reviews, source-of-funds and source-of-wealth verification, blockchain analytics, forensic tracing, wallet screening, sanctions screening, fraud detection activities, cybersecurity assessments, transaction monitoring, account activity reviews, risk assessments, and ongoing compliance reviews, and may further request from Users any supporting documents, records, declarations, explanations, information, or evidence deemed necessary or appropriate by PayFun in its sole and absolute discretion for compliance, risk management, fraud prevention, cybersecurity, operational, legal, or regulatory purposes. Users expressly acknowledge, understand, and irrevocably consent to such monitoring, investigations, screenings, reviews, disclosures, and compliance procedures, including the sharing of relevant information with regulators, law enforcement authorities, banking partners, payment processors, card issuers, custodians, compliance service providers, or other third parties where deemed necessary or appropriate by PayFun. Failure, refusal, delay, or inability to provide any requested information, documentation, clarification, or cooperation to the satisfaction of PayFun may result, without limitation, in the suspension, restriction, or termination of access to the Services, freezing or withholding of Digital Assets or funds, delayed settlements, refusal or reversal of transactions, enhanced monitoring measures, account restrictions, reporting to competent authorities, or permanent account closure, and PayFun shall not incur any liability whatsoever arising from or relating to the exercise of such rights or actions.

6. Digital Asset Risks

6.1. Users acknowledge, understand, and accept that Digital Assets and blockchain technologies involve substantial, inherent, and unpredictable risks, including but not limited to:

a. extreme price volatility;

b. market manipulation;

c. liquidity shortages;

d. validator failures;

e. blockchain reorganizations;

f. consensus failures;

g. protocol insolvencies;

h. stablecoin depegging;

i. smart contract vulnerabilities;

j. cybersecurity attacks;

k. governance attacks;

l. replay attacks;

m. oracle failures;

n. bridge failures;

o. technological obsolescence;

p. regulatory uncertainty; and

q. total loss of value.

6.2. PayFun makes no representations, warranties, guarantees, or assurances, whether express, implied, statutory, or otherwise, regarding the present or future value, price stability, market liquidity, merchant acceptance, legal status, regulatory classification, tax treatment, functionality, availability, performance, security, or continued support of any Digital Asset or Supported Asset, including whether any Digital Asset may be classified as a security, regulated product, financial instrument, or otherwise restricted under Applicable Laws in any jurisdiction. Users further acknowledge and agree that the legal, regulatory, technological, and commercial treatment of Digital Assets remains uncertain, rapidly evolving, and subject to sudden changes, and that PayFun may suspend, discontinue, delist, restrict, or terminate support for any Supported Asset at any time and without prior notice.

6.3. Users expressly acknowledge and agree that Digital Assets are highly speculative, volatile, and high-risk in nature and that transactions involving Digital Assets may result in substantial losses or total loss of value, and Users assume sole responsibility for all risks associated with the acquisition, holding, transfer, conversion, use, or disposal of any Digital Assets through the Services.

7. No Banking Relationship; No Fiduciary Duties

7.1. Unless expressly stated otherwise in writing by PayFun, neither PayFun nor any of its affiliates shall be deemed to be, or operate as, a bank, deposit-taking institution, credit union, trustee, fiduciary, licensed depository institution, money market fund, investment manager, broker-dealer, or other regulated financial institution in any jurisdiction, and nothing contained in the Services, the Platform, or these Terms shall be construed as establishing or implying any banking, custodial, fiduciary, advisory, agency, partnership, brokerage, trustee, joint venture, or similar relationship between PayFun and any User.

7.2. Nothing contained in the Services or these Terms shall create any partnership, agency, joint venture, employment, franchise, sponsorship, endorsement, or similar relationship between PayFun and any merchant, Digital Asset issuer, protocol, exchange, or third-party service provider.

7.3. Users expressly acknowledge and agree that any Digital Assets, fiat balances, stored value, or other assets held, processed, facilitated, or reflected through the Services do not constitute bank deposits, insured accounts, safeguarded deposits, trust property, or protected financial products, are not insured or guaranteed by any governmental authority, compensation scheme, deposit insurance scheme, or financial protection program, and may lose value in whole or in part, including as a result of market volatility, cybersecurity incidents, operational failures, third-party insolvencies, blockchain failures, regulatory actions, or other risks associated with Digital Assets and financial technology services.

7.4. Users further acknowledge and agree that PayFun does not owe fiduciary duties, trustee obligations, investment advisory duties, or similar heightened duties of care to Users, and that all Services are provided strictly on a contractual basis subject to these Terms and Applicable Laws.

7.5.Users acknowledge and agree that PayFun does not act as a custodian, bailee, trustee, escrow agent, or fiduciary with respect to any Digital Assets, fiat balances, or other assets processed, reflected, facilitated, or made available through the Services unless expressly stated otherwise in writing.

7.6. Users further acknowledge and agree that any Digital Assets or balances associated with the Services may not be segregated from assets belonging to PayFun, its affiliates, custodians, liquidity providers, or third parties and may be exposed to operational, insolvency, cybersecurity, regulatory, or counterparty risks.

8. Card Services

8.1. The Cards made available through the Services, including Virtual Cards and Physical Cards, are intended solely for lawful, authorized, and legitimate payment transactions. Users acknowledge and agree that the issuance, production, personalization, activation, delivery, replacement, renewal, continued availability, accessibility, and use of any Card shall at all times remain subject to Applicable Laws, internal policies, compliance requirements, card network rules, merchant acceptance policies, banking partner requirements, transaction monitoring procedures, geographic restrictions, merchant category restrictions, spending limits, operational requirements, fraud prevention measures, cybersecurity controls, and security procedures implemented by PayFun or its third-party service providers from time to time.

8.2. Physical Cards may be subject to additional onboarding, identity verification, due diligence, activation, delivery, replacement, renewal, authentication, operational, compliance, fraud prevention, and security procedures imposed by PayFun, card issuers, banking partners, payment processors, card networks, logistics providers, or Applicable Laws from time to time. Users acknowledge and agree that Physical Cards may only be delivered to jurisdictions, persons, and addresses approved by PayFun and its service providers.

8.3. PayFun does not represent, warrant, or guarantee the availability of any Card programme, uninterrupted issuance capabilities, production timelines, delivery timelines, successful delivery, merchant acceptance, ATM accessibility, uninterrupted processing capabilities, or continued support for any Card programme or functionality.

8.4. To the fullest extent permitted by Applicable Laws, PayFun shall not be liable for any delivery failures, delays, customs restrictions, import restrictions, courier failures, interception in transit, lost or damaged deliveries, unauthorized interception, merchant refusals, ATM unavailability, or any acts, omissions, disruptions, failures, or delays of card issuers, banking partners, payment processors, card networks, logistics providers, ATM operators, or other third-party service providers.

8.5. Users shall securely maintain all Cards, PINs, authentication credentials, devices, and related Card security information, implement appropriate device security and cybersecurity protections, prevent unauthorized access or usage, immediately notify PayFun upon becoming aware of any loss, theft, compromise, suspected unauthorized use, or security incident relating to any Card or account, and comply with all Card-related security procedures implemented by PayFun from time to time.

8.6. Users shall remain fully responsible and liable for all transactions, charges, settlements, withdrawals, transfers, conversions, fees, liabilities, losses, and activities conducted using any Card until PayFun has received and processed notice of the relevant compromise, loss, theft, or unauthorized use in accordance with PayFun’s security and reporting procedures.

8.7. PayFun reserves the right, at any time and without prior notice, to suspend, freeze, deactivate, block, replace, reissue, terminate, or otherwise restrict any Card where PayFun determines that loss, theft, compromise, fraud, suspicious activity, unauthorized usage, security concerns, operational risks, or compliance concerns may arise or have occurred.

8.8. Replacement Cards may be subject to re-verification procedures, delivery restrictions, issuance fees, replacement fees, operational reviews, compliance reviews, and additional security procedures or requirements determined by PayFun from time to time.

8.9. Physical Cards may permit ATM withdrawals or cash access functionalities subject to Applicable Laws, card network rules, banking partner requirements, geographic restrictions, withdrawal limits, liquidity availability, transaction monitoring controls, operational controls, and applicable fees and charges. Additional fees, charges, costs, deductions, foreign exchange spreads, ATM operator fees, blockchain conversion fees, liquidity costs, banking charges, card network fees, and third-party processing fees may apply in connection with the use of any Physical Card, ATM withdrawal, cash access functionality, conversion, settlement, or related transaction.

8.10. Users shall remain fully responsible and liable for all transactions, withdrawals, settlements, conversions, transfers, charges, fees, chargebacks, reversals, refunds, disputed transactions, merchant disputes, fraudulent activities, unauthorized transactions, prohibited activities, card misuse, network assessments, fines, penalties, losses, liabilities, costs, and expenses arising out of or relating to:

a. the use of the Services or any Cards, including Virtual Cards and Physical Cards;

b. compromised credentials, devices, Cards, PINs, or authentication information;

c. unauthorized access or usage;

d. disputed or reversed transactions;

e. breaches of these Terms; or

f. fraudulent, unlawful, abusive, deceptive, or prohibited activities,

g. except to the extent otherwise required under Applicable Laws.

8.11. PayFun reserves all rights relating to transaction reversals, chargeback representations, recovery procedures, investigations, fraud reviews, dispute handling, enforcement actions, set-off rights, deductions, withholding rights, freezing rights, and recovery of any amounts, liabilities, losses, fees, costs, penalties, fines, assessments, or expenses arising out of or relating to the Services or any Cards, in accordance with Applicable Laws, card network rules, banking requirements, and PayFun’s internal policies and procedures.

8.12. Cards may expire, be suspended, replaced, cancelled, withdrawn, restricted, or rendered invalid at any time and without prior notice where required or deemed appropriate pursuant to Applicable Laws, card network rules, issuer requirements, banking partner requirements, compliance obligations, fraud prevention measures, operational considerations, risk management requirements, or PayFun’s internal policies and procedures. PayFun shall have no obligation to renew, replace, or continue supporting any Card programme, functionality, feature, or related service.

8.13. Upon the expiration, suspension, replacement, termination, cancellation, or deactivation of any Physical Card, Users shall immediately cease using the relevant Card, securely destroy the Card, and comply with any return, disposal, destruction, or deactivation instructions issued by PayFun or the relevant issuer.

8.14. Termination, suspension, cancellation, replacement, restriction, or deactivation of any Card shall not affect any liabilities, obligations, fees, chargebacks, reversals, losses, or amounts incurred prior to the effective date of such termination, suspension, cancellation, replacement, restriction, or deactivation.

8.15. Users shall not access or use the Services or Cards for any unlawful, fraudulent, deceptive, abusive, prohibited, or unauthorized purposes, including but not limited to money laundering, terrorist financing, sanctions evasion, tax evasion, phishing, hacking, unlawful activities, abuse of promotional programs, circumvention of controls, fraudulent chargebacks, unauthorized commercial exploitation, or any activity deemed unacceptable by PayFun or its partners.

8.16. If any account associated with a User reflects a negative balance arising from chargebacks, reversals, processing errors, fraud, fees, market movements, regulatory actions, disputed transactions, or any other activity relating to the Services, the User shall immediately repay all outstanding amounts upon demand, and PayFun reserves all rights available under Applicable Laws to recover such amounts.

9. Wallet Addresses, Device Security, and User Responsibility

9.1. Users shall bear sole, exclusive, and continuing responsibility for ensuring the accuracy, validity, authenticity, compatibility, completeness, and correctness of all wallet addresses, transaction instructions, payment details, merchant information, authentication credentials, security credentials, device configurations, access permissions, and account information submitted, transmitted, stored, or otherwise used in connection with the Services.

9.2. Users expressly acknowledge and agree that blockchain transactions and Digital Asset transfers are generally irreversible by nature and that Digital Assets transmitted to incorrect, unsupported, incompatible, unauthorized, non-existent, or improperly configured wallet addresses or blockchain networks may be permanently lost, inaccessible, unrecoverable, or irretrievable.

9.3. Users further acknowledge and agree that private keys, seed phrases, passwords, authentication credentials, access devices, recovery phrases, API credentials, and security mechanisms must be securely created, stored, protected, and maintained at all times, and that cybersecurity incidents, phishing attacks, malware infections, ransomware incidents, social engineering schemes, unauthorized access, device compromise, credential theft, hacking incidents, blockchain vulnerabilities, operational disruptions, or other security failures may result in irreversible losses of Digital Assets, funds, data, or account access.

9.4. To the fullest extent permitted by Applicable Laws, PayFun shall have no obligation whatsoever, whether arising in contract, tort, equity, statute, fiduciary principles, restitution, negligence, regulatory obligations, or otherwise, to reverse, cancel, unwind, recover, trace, restore, replace, reimburse, compensate, rectify, investigate, or otherwise remedy any transaction, Digital Asset transfer, account balance, settlement, payment instruction, conversion, withdrawal, or loss arising directly or indirectly from or in connection with user error, incorrect wallet addresses, unsupported or incompatible Digital Assets, compromised credentials, unauthorized access, phishing attacks, malware infections, ransomware incidents, cybersecurity breaches, hacking incidents, blockchain failures, validator failures, protocol failures, bridge exploits, smart contract vulnerabilities, oracle failures, network congestion, replay attacks, consensus failures, operational disruptions, transaction irreversibility, social engineering schemes, third-party exploits, or any negligent, fraudulent, malicious, unlawful, unauthorized, improper, or otherwise wrongful acts or omissions of Users, merchants, counterparties, service providers, blockchain participants, custodians, exchanges, payment processors, or other third parties.

9.5. Users expressly acknowledge and agree that PayFun may be technologically incapable of reversing, cancelling, recovering, or restoring Digital Asset transactions once initiated, broadcasted, confirmed, settled, or recorded on a blockchain network, and accordingly Users assume sole and exclusive responsibility for independently verifying all transaction details, wallet addresses, counterparties, blockchain compatibility, merchant details, security measures, and transaction instructions prior to initiating or authorizing any transaction through the Services.

9.6. Users expressly acknowledge and agree that PayFun does not verify, endorse, guarantee, or assume responsibility for the identity, ownership, legitimacy, solvency, legality, or conduct of any wallet address, blockchain participant, merchant, recipient, counterparty, protocol, or third party involved in any transaction, and Users bear sole responsibility for verifying all counterparties and transaction details prior to initiating any transaction.

9.7. Users further expressly acknowledge and agree that they access and use the Services entirely at their own risk and that PayFun shall not bear any liability whatsoever for any losses, damages, liabilities, claims, costs, or expenses arising out of or relating to the use of the Services or Digital Asset transactions.

10. Blockchain Confirmations, Settlement Finality, and Network Risks

10.1 Users expressly acknowledge and agree that blockchain networks, Digital Asset protocols, decentralized systems, distributed ledger technologies, validator infrastructures, smart contracts, and related technologies operate independently of PayFun and are not owned, controlled, maintained, managed, supervised, or operated by PayFun or its affiliates. Accordingly, PayFun does not guarantee, represent, warrant, or assume any responsibility whatsoever for the functionality, availability, security, performance, legality, integrity, reliability, continuity, compatibility, or operational effectiveness of any blockchain network, Digital Asset protocol, validator infrastructure, smart contract, decentralized application, oracle mechanism, bridge protocol, or related third-party technology or infrastructure, including but not limited to blockchain functionality, validator performance, network uptime, transaction confirmation times, settlement timing, transaction finality, settlement integrity, smart contract execution, protocol security, consensus mechanisms, network continuity, network governance, or the continued operation or support of any Digital Asset or blockchain network.

10.2. Users further acknowledge and agree that blockchain transactions and Digital Asset transfers may remain pending indefinitely, fail entirely, become delayed, become irreversible, be impacted by network congestion, experience unexpected settlement delays, be subject to blockchain reorganizations or forks, or otherwise fail, malfunction, or produce unintended outcomes due to validator failures, oracle failures, bridge exploits, protocol vulnerabilities, smart contract failures, replay attacks, governance disputes, consensus failures, cyberattacks, malicious actors, software bugs, coding vulnerabilities, operational failures, infrastructure disruptions, or failures of Digital Asset protocols or underlying blockchain infrastructure. To the fullest extent permitted by Applicable Laws, PayFun shall have no liability whatsoever, whether arising in contract, tort, negligence, equity, statute, fiduciary principles, or otherwise, for any losses, damages, liabilities, claims, costs, expenses, delays, failures, disruptions, inaccuracies, or other adverse consequences arising out of or relating to blockchain disruptions, validator failures, replay attacks, consensus failures, smart contract exploits, bridge exploits, oracle manipulation, blockchain congestion, protocol governance disputes, cybersecurity incidents, forks, reorganizations, network instability, protocol insolvencies, technological failures, or failures, malfunctions, vulnerabilities, or disruptions affecting Digital Asset protocols, blockchain networks, decentralized systems, or related infrastructure or technologies.

11. Fees, Exchange Rates, Conversion Risks, and Market Volatility

11.1. Users acknowledge and agree that the use of the Services may be subject to various fees, costs, charges, commissions, spreads, deductions, and expenses, including but not limited to:

a. card issuance fees;

b. card maintenance fees;

c. conversion fees;

d. transaction fees;

e. blockchain network fees;

f. gas fees;

g. validator fees;

h. bridge fees;

i. foreign exchange fees;

j. settlement fees;

k. liquidity provider fees;

l. withdrawal fees;

m. slippage losses; and

n. third-party processing fees.

11.2. Users expressly acknowledge and agree that exchange rates, conversion rates, market prices, liquidity conditions, spreads, and valuation metrics relating to Digital Assets and fiat currencies may fluctuate significantly, rapidly, and unpredictably due to numerous factors beyond the control of PayFun, including but not limited to market volatility, liquidity shortages, order book imbalances, trading activity, market manipulation, depegging events, settlement timing differences, blockchain congestion, protocol failures, regulatory developments, macroeconomic conditions, cybersecurity incidents, exchange disruptions, banking interruptions, force majeure events, and other external market conditions. Accordingly, PayFun makes no representation, warranty, guarantee, or assurance whatsoever, whether express, implied, statutory, or otherwise, regarding the availability, accuracy, stability, fairness, competitiveness, profitability, timeliness, or suitability of any exchange rates, conversion rates, market prices, liquidity conditions, settlement values, conversion outcomes, execution prices, or transaction profitability associated with the Services.

11.3. Users further acknowledge and agree that Digital Asset conversions and transactions may be subject to slippage, pricing discrepancies, liquidity constraints, market disruptions, execution delays, partial fills, failed settlements, and adverse market movements, and Users shall bear sole and exclusive responsibility for all market risks, conversion risks, volatility risks, liquidity risks, slippage losses, pricing losses, trading losses, foreign exchange risks, settlement risks, and any other financial losses arising out of or relating to the use of the Services or any Digital Asset transactions conducted through the Platform.

12. Transaction Processing, Settlement, and Third-Party Dependency Disclaimer

12.1 Users expressly acknowledge and agree that the Services are dependent upon, interconnected with, and reliant upon various third-party providers, systems, technologies, infrastructure, networks, and intermediaries, including but not limited to banking partners, card issuers, custodians, Digital Asset exchanges, liquidity providers, blockchain networks, payment processors, telecommunications providers, internet infrastructure providers, cloud service providers, compliance service providers, settlement providers, and other third-party vendors or infrastructure providers, all of which operate independently of PayFun and are outside PayFun’s ownership and direct control. Accordingly, PayFun makes no representation, warranty, or guarantee regarding the availability, continuity, security, reliability, performance, solvency, operational integrity, or ongoing support of any such third-party providers or infrastructure, and shall not be liable or responsible whatsoever for any failures, delays, interruptions, insolvencies, service suspensions, operational disruptions, cybersecurity incidents, hacking incidents, data breaches, unauthorized access, liquidity shortages, transaction failures, settlement failures, merchant rejections, regulatory actions, sanctions-related restrictions, network outages, technological malfunctions, or losses arising directly or indirectly from or relating to such third-party providers, systems, infrastructure, or services.

12.2. Users further acknowledge and agree that transaction authorization, confirmation, processing, or acceptance through the Services does not guarantee settlement, merchant acceptance, successful completion, execution, or finality of any transaction, and that transactions may be delayed, rejected, reversed, suspended, frozen, blocked, cancelled, or otherwise disrupted due to factors beyond PayFun’s control.

12.3. Without prejudice to any other rights available under these Terms or Applicable Laws, PayFun reserves the unrestricted right, at any time and without prior notice, explanation, consent, or liability, to suspend, restrict, reject, freeze, reverse, delay, investigate, withhold, or cancel any transaction, settlement, conversion, withdrawal, transfer, payment instruction, or account activity during or arising from periods of market disruption, abnormal volatility, cybersecurity incidents, liquidity shortages, blockchain instability, validator failures, protocol failures, stablecoin depegging events, exchange failures, sanctions events, fraud risks, regulatory interventions, governmental actions, banking interruptions, operational disruptions, systemic risks, force majeure events, or any circumstances which, in PayFun’s sole and absolute discretion, may expose PayFun, its affiliates, banking partners, card issuers, custodians, payment processors, merchants, users, or other third parties to legal, regulatory, financial, operational, reputational, cybersecurity, or commercial risks or liabilities.

12.4. PayFun does not guarantee that any merchant, payment processor, ATM operator, acquiring bank, or card network participant will accept or honor any Card transaction.

13. Compliance, Regulatory Cooperation, Sanctions, and Investigations

13.1. PayFun may, at any time and without prior notice, explanation, consent, or liability, monitor transactions, conduct compliance reviews, investigate account activities, perform blockchain analytics and forensic tracing, preserve records, disclose information to competent authorities, cooperate with regulators, governmental authorities, law enforcement agencies, financial institutions, banking partners, payment processors, card issuers, custodians, or other third parties, freeze or withhold Digital Assets or funds, suspend or terminate accounts, block, reject, reverse, or delay transactions, withhold settlements, impose restrictions or enhanced monitoring measures, or otherwise refuse, restrict, or terminate access to the Services where PayFun determines, in its sole and absolute discretion, that such actions are necessary, appropriate, advisable, or desirable for compliance, legal, regulatory, fraud prevention, cybersecurity, operational, risk management, sanctions-related, anti-money laundering, counter-terrorist financing, or reputational purposes, or to protect the interests, security, operations, assets, legal position, or integrity of PayFun, its affiliates, banking partners, card issuers, custodians, payment processors, merchants, users, or other third parties.

13.2. Users shall fully cooperate with all compliance procedures, investigations, information requests, audits, screenings, monitoring activities, verification procedures, and due diligence reviews initiated or conducted by PayFun and shall promptly provide any information, documentation, records, explanations, declarations, or assistance requested by PayFun in connection with the Services. Users further acknowledge and agree that PayFun may be prohibited by Applicable Laws, regulatory obligations, confidentiality requirements, governmental directives, or law enforcement restrictions from disclosing the existence, nature, status, scope, or details of any suspicious activity reports, law enforcement requests, sanctions investigations, regulatory inquiries, internal compliance reviews, transaction monitoring activities, forensic investigations, or related investigative or compliance activities, and accordingly PayFun shall have no obligation whatsoever to disclose or provide notice of any such matters to Users except where expressly required by Applicable Laws.

13.3.Without prejudice to any other rights available to PayFun under these Terms or Applicable Laws, PayFun may retain, preserve, archive, process, disclose, and maintain user records, account records, transaction records, communications, compliance documentation, KYC materials, due diligence records, blockchain analytics reports, forensic reports, audit materials, investigation records, security logs, device information, access records, and related data for such periods as PayFun deems necessary, appropriate, prudent, or desirable in its sole and absolute discretion for compliance purposes, fraud prevention, cybersecurity, dispute resolution, operational purposes, legal proceedings, regulatory obligations, sanctions compliance, risk management, enforcement activities, law enforcement cooperation, or the protection of PayFun and its legitimate business interests.

13.4. PayFun may immediately suspend, discontinue, restrict, or terminate any Services, Supported Assets, transactions, accounts, jurisdictions, or functionalities where PayFun determines, in its sole and absolute discretion, that continued provision may become unlawful, prohibited, commercially impractical, or expose PayFun or its partners to regulatory, licensing, sanctions, enforcement, or compliance risks.

13.5. Users acknowledge and agree that PayFun may utilize automated systems, machine learning models, algorithmic monitoring tools, blockchain analytics systems, fraud detection systems, sanctions screening systems, and automated decision-making technologies in connection with risk management, fraud prevention, compliance reviews, transaction monitoring, account restrictions, and enforcement actions.

13.6. PayFun reserves the right to refuse, void, reverse, cancel, claw back, or invalidate any transaction determined by PayFun, in its sole discretion, to involve fraud, market abuse, manipulation, unauthorized activity, system abuse, compliance breaches, or suspicious activity.

14. Export Controls, Sanctions Compliance, and Restricted Jurisdictions

14.1. Users represent, warrant, and undertake that they shall not access or use the Services in violation of:

a. sanctions laws;

b. export control laws;

c. trade restrictions;

d. embargoes; or

e. anti-boycott laws.

14.2. Users further represent and warrant that they are not:

a. located in Prohibited Jurisdictions;

b. acting on behalf of sanctioned persons;

c. owned or controlled by sanctioned persons; or

d. subject to sanctions restrictions.

14.3. PayFun reserves the unrestricted right, at any time and without prior notice, explanation, consent, or liability whatsoever, to geo-block jurisdictions, restrict or discontinue any part of the Services, suspend or terminate accounts, freeze or withhold Digital Assets or funds, reject, block, reverse, delay, suspend, or cancel transactions, impose additional compliance or verification requirements, or otherwise restrict, prohibit, or terminate access to the Services where PayFun reasonably determines, in its sole and absolute discretion, that sanctions-related, export control, anti-money laundering, counter-terrorist financing, legal, regulatory, compliance, operational, reputational, cybersecurity, commercial, or risk management concerns may arise, or where such actions are deemed necessary, appropriate, prudent, or desirable to comply with Applicable Laws, governmental directives, regulatory expectations, court orders, law enforcement requests, banking partner requirements, card network rules, internal compliance policies, or the legitimate interests of PayFun, its affiliates, banking partners, custodians, card issuers, payment processors, merchants, users, or other third parties. Users acknowledge and agree that sanctions regimes, export control restrictions, regulatory obligations, and jurisdictional restrictions may change rapidly and without prior notice, and that PayFun shall not incur any liability whatsoever arising out of or relating to any geo-blocking measures, account restrictions, transaction rejections, asset freezes, service suspensions, or terminations implemented pursuant to this Clause.

15. Intellectual Property Rights

15.1. All rights, title, and interest, including all intellectual property rights, proprietary rights, industrial rights, moral rights, database rights, trade secrets, know-how, and other rights of any nature whatsoever, whether registered or unregistered, relating to or arising from the Platform, Services, technologies, software, source code, object code, APIs, databases, systems, interfaces, workflows, algorithms, smart integrations, applications, trademarks, service marks, trade names, logos, branding materials, graphics, designs, layouts, content, documentation, reports, analytics, research materials, operational processes, proprietary technologies, and all modifications, enhancements, updates, derivatives, and related materials thereto shall remain vested solely and exclusively in PayFun and/or its licensors, as applicable. Nothing contained in these Terms or otherwise arising from the use of the Services shall operate to transfer, assign, license, convey, or grant to any User any ownership rights, proprietary interests, intellectual property rights, or other rights of any nature whatsoever in or relating to the Platform or Services, except for the limited, revocable, non-exclusive, non-transferable, non-sublicensable, and strictly conditional right to access and use the Services solely in accordance with these Terms and Applicable Laws.

15.2. Users shall not, whether directly or indirectly, copy, reproduce, replicate, modify, adapt, translate, reverse engineer, decompile, disassemble, create derivative works from, scrape, extract, distribute, publish, transmit, sublicense, commercially exploit, lease, rent, sell, assign, transfer, frame, mirror, interfere with, or otherwise use or exploit any aspect of the Platform, Services, software, APIs, technologies, content, or intellectual property of PayFun without PayFun’s prior express written consent, and any unauthorized use shall constitute a material breach of these Terms and may violate Applicable Laws, intellectual property laws, and proprietary rights protections.

16. Disclaimer of Warranties

16.1. To the fullest extent permitted by Applicable Laws, the Services, Platform, Cards, Digital Asset functionalities, APIs, technologies, systems, content, and all related products and services provided by PayFun are provided strictly on an “as is”, “as available”, and “with all faults” basis, without any representations, warranties, guarantees, undertakings, or conditions of any kind whatsoever, whether express, implied, statutory, regulatory, or otherwise, including any implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, accuracy, reliability, availability, security, compatibility, uninterrupted operation, or error-free performance. Without limiting the generality of the foregoing, PayFun expressly disclaims all representations and warranties relating to uninterrupted or continuous availability of the Services, merchant acceptance, transaction processing, settlement finality, Digital Asset values, pricing accuracy, market liquidity, stablecoin reserves, blockchain integrity, validator performance, network continuity, transaction confirmation times, protocol security, cybersecurity protections, smart contract functionality, market data accuracy, interoperability, compatibility with third-party systems, merchant services, third-party infrastructure, or the continued availability, legality, or support of any Supported Asset, blockchain network, payment channel, or related technology.

16.2. Users further acknowledge and agree that all charts, analytics, market commentary, pricing information, exchange rates, conversion rates, research materials, transaction histories, blockchain data, notifications, alerts, estimates, projections, and informational content made available through the Services are provided solely for general informational and operational purposes and may be delayed, inaccurate, incomplete, unavailable, or subject to errors, omissions, interruptions, or market fluctuations. Nothing provided through the Services shall constitute or be construed as financial advice, investment advice, legal advice, tax advice, accounting advice, fiduciary advice, professional advice, or any recommendation, endorsement, solicitation, guarantee, or representation regarding the suitability, legality, profitability, or appropriateness of any Digital Asset, transaction, investment strategy, or financial activity, and Users remain solely responsible for conducting their own independent assessments, obtaining independent professional advice, and evaluating all risks associated with the use of the Services and any Digital Asset transactions.

17. Limitation of Liability

17.1. To the maximum extent permitted by Applicable Laws, neither PayFun nor any of its affiliates, shareholders, parent companies, subsidiaries, directors, officers, employees, agents, representatives, licensors, banking partners, custodians, exchanges, liquidity providers, payment processors, card issuers, contractors, service providers, technology vendors, or related third parties shall be liable or responsible whatsoever, whether in contract, tort, negligence, equity, strict liability, fiduciary principles, restitution, statute, regulatory obligation, or otherwise, for any direct, indirect, incidental, consequential, punitive, exemplary, special, aggravated, multiple, or economic losses, damages, liabilities, claims, costs, expenses, penalties, fines, sanctions, or other obligations arising out of or relating to the access to, use of, inability to access or use, suspension of, restriction of, or termination of the Services, Platform, Cards, Digital Assets, or related technologies, including but not limited to losses arising from or relating to Digital Asset volatility, market disruptions, liquidity shortages, slippage losses, stablecoin depegging events, blockchain failures, validator failures, protocol insolvencies, exchange failures, bridge failures, oracle failures, smart contract vulnerabilities, replay attacks, consensus failures, cybersecurity incidents, hacking incidents, phishing attacks, malware infections, ransomware incidents, unauthorized transactions, fraud, social engineering schemes, operational disruptions, network congestion, banking interruptions, payment processor failures, card network failures, sanctions enforcement, regulatory actions, law enforcement measures, governmental restrictions, merchant rejections, third-party misconduct, force majeure events, technological failures, loss of profits, loss of revenue, loss of business opportunities, loss of anticipated savings, reputational harm, tax liabilities, regulatory liabilities, fines imposed by governmental or regulatory authorities, data loss, corruption, destruction, theft, inaccessibility of Digital Assets or information, or any other commercial, financial, technological, operational, legal, or reputational losses whatsoever, whether foreseeable or unforeseeable and whether or not PayFun has been advised of the possibility of such losses.

17.2. Without prejudice to the clause 17.1 above, Users expressly acknowledge and agree that Digital Assets, blockchain technologies, payment systems, and third-party financial infrastructure involve substantial technological, operational, legal, cybersecurity, and regulatory risks beyond the control of PayFun, and that Users access and use the Services entirely at their own risk.

17.3. To the fullest extent permitted by Applicable Laws, PayFun’s aggregate cumulative liability arising out of or relating to the Services, Platform, Digital Assets, Cards, or these Terms, regardless of the form of action, legal theory, or basis of liability asserted, shall in all circumstances not exceed the lesser of: (i) the total fees actually received by PayFun from the relevant User during the six (6) months immediately preceding the event giving rise to the claim; or (ii) United States Dollars One Hundred (USD 100).

18. Indemnification

18.1. Users shall indemnify, defend, and hold harmless PayFun, its affiliates, shareholders, directors, officers, employees, agents, representatives, licensors, banking partners, custodians, exchanges, liquidity providers, payment processors, card issuers, contractors, service providers, technology vendors, and related third parties (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, investigations, enforcement actions, liabilities, losses, damages, penalties, fines, sanctions, judgments, settlements, costs, expenses, charges, taxes, duties, assessments, and other obligations whatsoever, including legal fees and expenses on a full indemnity basis, arising out of, relating to, or connected with: (i) any breach or violation of these Terms by the User; (ii) any unlawful, fraudulent, deceptive, negligent, malicious, or unauthorized conduct by the User or any person acting on the User’s behalf; (iii) any sanctions violations, anti-money laundering violations, counter-terrorist financing violations, export control violations, or other regulatory breaches; (iv) any tax liabilities, reporting failures, or governmental assessments attributable to the User; (v) any cybersecurity incidents, unauthorized access, malware infections, hacking incidents, phishing attacks, ransomware incidents, or security breaches caused by or attributable to the User, the User’s devices, systems, credentials, or actions; (vi) any misuse, abuse, unlawful use, or prohibited use of the Services; (vii) any third-party claims, disputes, chargebacks, reversals, investigations, or proceedings arising from or relating to the User’s activities, transactions, Digital Assets, or use of the Services; or (viii) any fines, penalties, enforcement measures, sanctions, assessments, directives, restrictions, settlements, liabilities, or other actions imposed by any governmental authority, regulator, court, law enforcement agency, banking partner, card network, payment processor, financial institution, sanctions authority, or competent authority arising directly or indirectly from the User’s acts, omissions, conduct, transactions, activities, or use of the Services. This indemnity obligation shall survive suspension, restriction, or termination of the User’s access to the Services and shall apply regardless of whether the relevant claim, liability, investigation, or enforcement action is initiated by a governmental authority, private party, or other third party.

19. Force Majeure

19.1. PayFun shall not be liable or responsible whatsoever for any failures, delays, interruptions, suspensions, inaccuracies, losses, damages, liabilities, inability to perform, degraded performance, service disruptions, transaction failures, settlement failures, data loss, operational issues, or other adverse consequences arising directly or indirectly from or in connection with any event, circumstance, condition, occurrence, or cause beyond the reasonable control of PayFun, including but not limited to natural disasters, acts of God, pandemics, epidemics, public health emergencies, wars, armed conflicts, civil unrest, riots, terrorist acts, cyberattacks, hacking incidents, malware attacks, ransomware incidents, governmental actions, regulatory interventions, sanctions, embargoes, emergency regulations, court orders, law enforcement actions, blockchain failures, validator failures, protocol failures, stablecoin depegging events, exchange failures, liquidity shortages, banking disruptions, payment processor failures, card network disruptions, internet outages, telecommunications disruptions, power failures, utility failures, infrastructure failures, labor disputes, supply chain disruptions, cloud service failures, technological malfunctions, operational disruptions, force majeure events, or failures, acts, omissions, delays, insolvencies, or misconduct of any third-party service providers, custodians, banking partners, exchanges, merchants, payment processors, telecommunications providers, internet service providers, or other third parties. Users acknowledge and agree that PayFun’s obligations under the Services may be suspended, delayed, limited, or otherwise affected by such events, and PayFun shall not incur any liability whatsoever arising out of or relating to any inability or delay in performing its obligations or providing the Services due to any such circumstances.

20. Electronic Communications and Signatures

20.1. Users expressly consent to the use of electronic notices, disclosures, communications, records, documents, agreements, signatures, acknowledgements, consents, transaction confirmations, statements, and other materials in connection with the Services, and agree that PayFun may provide any such communications electronically through the Platform, email, mobile application notifications, website postings, APIs, or other electronic means determined by PayFun in its sole discretion. Users further acknowledge and agree that any electronic signature, click-through acceptance, digital acknowledgement, electronic consent, or electronic communication provided, transmitted, or recorded through the Services shall constitute valid and legally binding acceptance and execution of the relevant document, agreement, transaction, instruction, or communication and shall have the same legal validity, enforceability, and evidentiary effect as physical written documents and handwritten signatures to the fullest extent permitted by Applicable Laws. Users waive any rights or requirements under Applicable Laws requiring original signatures, non-electronic records, physical delivery, or retention of paper documents, except to the extent such waiver is prohibited by Applicable Laws.

21. Blockchain Forks, Airdrops, and Delisting

21.1. PayFun may, in its sole and absolute discretion and without any obligation to provide prior notice, support, reject, suspend, discontinue, modify, delay, remove, or otherwise determine the treatment, handling, timing, availability, implementation, or consequences of any blockchain forks, airdrops, protocol upgrades, network reorganizations, consensus changes, governance changes, token migrations, validator changes, smart contract modifications, blockchain splits, redenominations, Digital Asset swaps, or Digital Asset delistings affecting any Supported Asset or blockchain network made available through the Services. Users acknowledge and agree that PayFun shall have no obligation whatsoever to support, recognize, distribute, facilitate, credit, recover, or otherwise make available any forked assets, airdropped assets, upgraded protocols, governance tokens, migrated assets, or related entitlements arising from any blockchain or protocol event, and that PayFun’s determination regarding the support, treatment, timing, valuation, availability, or handling of any such events shall be final, conclusive, and binding.

21.1. Without prejudice to any other rights available under these Terms or Applicable Laws, PayFun reserves the unrestricted right, at any time and without prior notice, explanation, consent, or liability whatsoever, to suspend, discontinue, delist, remove, terminate, restrict, or modify support for any Digital Asset, blockchain network, protocol, Card functionality, payment channel, conversion feature, settlement mechanism, or related functionality where PayFun determines, in its sole and absolute discretion, that legal, regulatory, compliance, operational, technological, cybersecurity, liquidity, reputational, commercial, sanctions-related, market, or risk management concerns may arise, or where continued support may expose PayFun, its affiliates, banking partners, custodians, payment processors, card issuers, merchants, users, or other third parties to unacceptable risks, liabilities, losses, or regulatory exposure. Users further acknowledge and agree that any suspension, discontinuation, removal, restriction, or termination of support for any Digital Asset or blockchain network may affect the availability, accessibility, transferability, convertibility, valuation, or usability of related Digital Assets, and PayFun shall not incur any liability whatsoever arising out of or relating to any such actions or consequences.

22. Service Availability and Beta Features

22.1. PayFun does not represent, warrant, or guarantee that the Services, Platform, Cards, APIs, Digital Asset functionalities, systems, technologies, or related infrastructure will be continuously available, uninterrupted, secure, error-free, defect-free, free from delays, free from vulnerabilities, or capable of operating without failures, disruptions, outages, or interruptions at all times. Users acknowledge and agree that the Services may be subject to maintenance, upgrades, modifications, operational disruptions, cybersecurity incidents, network congestion, technological limitations, third-party failures, and other events or circumstances that may affect the availability, accessibility, security, reliability, performance, or continuity of the Services. Without limiting the generality of the foregoing, any beta, pilot, experimental, pre-release, testing, trial, limited-access, developmental, or evaluation features, functionalities, products, systems, integrations, or technologies made available through the Services may contain bugs, defects, vulnerabilities, coding errors, operational limitations, design flaws, compatibility issues, inaccuracies, security risks, performance issues, interruptions, incomplete functionalities, or other issues that may adversely affect transactions, Digital Assets, account access, data integrity, or overall user experience. Such features are provided solely for testing, evaluation, and developmental purposes and may be modified, suspended, restricted, discontinued, or removed by PayFun at any time and without prior notice or liability.

22.2. Users expressly acknowledge and agree that they access and use any beta, pilot, experimental, testing, or developmental features entirely at their own sole risk and discretion, and PayFun shall not incur any liability whatsoever for any losses, damages, liabilities, claims, disruptions, data loss, Digital Asset loss, security incidents, operational failures, inaccuracies, or other adverse consequences arising out of or relating to the use of such features or the Services generally.

23. Dormant Accounts

23.1. PayFun reserves the unrestricted right, at any time and without prior notice, explanation, consent, or liability whatsoever, to suspend, restrict, freeze, deactivate, terminate, or close any dormant, inactive, or unused account, impose maintenance fees, administrative fees, dormancy fees, custody fees, or other charges, require Users to complete additional verification, due diligence, security, compliance, or re-verification procedures, or otherwise impose conditions, limitations, or restrictions on access to the Services where no account activity, transaction activity, login activity, or other usage has occurred for such period of time as determined by PayFun in its sole and absolute discretion.

23.2. Users acknowledge and agree that PayFun may, where permitted by Applicable Laws, deduct applicable fees, administrative charges, or costs directly from any balances, Digital Assets, or funds associated with dormant accounts and may require Users to complete updated know-your-customer procedures, enhanced due diligence reviews, source-of-funds verification, security checks, or other compliance procedures prior to reactivating or restoring access to such accounts.

23.3. PayFun shall not incur any liability whatsoever arising out of or relating to the suspension, restriction, freezing, deactivation, closure, maintenance, administration, or treatment of dormant accounts or any inability of Users to access the Services, Digital Assets, balances, or related functionalities due to dormancy, inactivity, compliance requirements, operational considerations, or Applicable Laws.

24. Term and Termination

24.1. These Terms shall commence upon the earlier of: (i) the User accessing, downloading, registering for, or otherwise using the Services; or (ii) the User indicating acceptance of these Terms, and shall continue in full force and effect unless and until terminated in accordance with these Terms.

24.2. PayFun reserves the unrestricted right, at any time and without prior notice, explanation, consent, or liability whatsoever, to suspend, restrict, freeze, deactivate, terminate, discontinue, withhold, reverse, reject, delay, investigate, block, recover, offset, refuse, condition, or otherwise limit access to any aspect of the Services, Platform, Cards, Digital Assets, Supported Assets, accounts, transactions, settlements, conversions, withdrawals, transfers, payment instructions, payment channels, functionalities, features, APIs, or related services where:

a. the User breaches or is suspected of breaching these Terms;

b. PayFun determines that legal, regulatory, compliance, operational, cybersecurity, fraud, sanctions-related, anti-money laundering, counter-terrorist financing, reputational, commercial, or risk management concerns may arise;

c. the User provides false, inaccurate, misleading, incomplete, unverifiable, or outdated information;

d. PayFun is required or requested to do so by Applicable Laws, regulators, governmental authorities, law enforcement agencies, banking partners, card issuers, custodians, payment processors, or other third parties;

e. the User engages in suspicious, fraudulent, abusive, unauthorized, unlawful, or prohibited activities;

f. . continued provision of the Services becomes unlawful, commercially impractical, technically infeasible, or exposes PayFun or any third party to unacceptable risks or liabilities;

g. such suspension, restriction, or termination is required, advisable, prudent, or appropriate pursuant to PayFun’s internal policies, internal risk management frameworks, compliance policies, operational requirements, cybersecurity protocols, commercial decisions, onboarding criteria, business strategies, or internal governance requirements; or

h. PayFun discontinues, suspends, modifies, restructures, or restricts any aspect of the Services, Platform, operations, products, functionalities, Supported Assets, payment channels, or business activities.

24.3. Users may cease using the Services and request closure of their account at any time, subject to the completion of all outstanding transactions, settlement obligations, verification procedures, compliance reviews, investigations, chargeback procedures, refund processes, payment obligations, liabilities, and any other requirements imposed by PayFun or Applicable Laws. PayFun reserves the unrestricted right to refuse, delay, or condition any account closure request where outstanding obligations, disputes, investigations, legal holds, compliance concerns, or operational requirements remain unresolved.

24.4. Upon suspension, restriction, or termination of the Services or any account:

a. the User’s right to access or use the Services shall immediately cease;

b. PayFun may freeze, withhold, restrict, suspend, recover, offset, or otherwise control any Digital Assets, balances, refunds, settlements, or funds associated with the User pending completion of compliance reviews, investigations, dispute resolution procedures, chargeback procedures, legal proceedings, or operational requirements;

c. pending transactions, conversions, withdrawals, settlements, or transfers may be cancelled, delayed, reversed, suspended, or refused; and

d. PayFun shall have no obligation whatsoever to continue providing access to the Services, transaction records, Digital Assets, Cards (including Virtual Cards and Physical Cards), or related functionalities except where required under Applicable Laws.

25. Tax Obligations

25.1. Users shall be solely and exclusively responsible for determining, assessing, calculating, reporting, filing, remitting, and paying any and all taxes, duties, levies, tariffs, withholdings, assessments, governmental charges, regulatory fees, reporting obligations, disclosure obligations, or other liabilities of any nature whatsoever arising out of or relating to their access to, use of, or transactions conducted through the Services, including but not limited to income taxes, capital gains taxes, value-added taxes, goods and services taxes, withholding taxes, sales taxes, stamp duties, transfer taxes, transaction taxes, Digital Asset taxes, and any other taxes or governmental charges imposed under Applicable Laws in any jurisdiction. Users further acknowledge and agree that PayFun does not provide and shall not be deemed to provide any tax, accounting, legal, regulatory, investment, or professional advice whatsoever, and nothing contained in the Services, Platform, communications, reports, transaction histories, analytics, or informational materials provided by PayFun shall constitute or be construed as tax advice, tax reporting guidance, or any representation regarding the tax consequences of any transaction, Digital Asset activity, or use of the Services. Users remain solely responsible for obtaining independent professional advice regarding their tax and regulatory obligations and for ensuring full compliance with all Applicable Laws applicable to their activities and transactions.

26. Data Protection

26.1. Users acknowledge and agree that collection, use, disclosure, processing, transfer, and retention of personal data shall be governed by PayFun’s Privacy Policy, as amended from time to time.

27. Notices

27.1. Users expressly acknowledge and agree that any notices, communications, disclosures, statements, records, reports, confirmations, alerts, agreements, amendments, policies, updates, requests, demands, consents, approvals, transaction information, or other materials relating to the Services may be provided, delivered, transmitted, or made available electronically by PayFun through the Platform, mobile application, website postings, APIs, email, push notifications, in-app notifications, or any other electronic means determined by PayFun in its sole discretion, and such electronic communications shall be deemed validly delivered and legally effective immediately upon transmission, posting, dispatch, or electronic availability, regardless of whether the User has actually accessed, reviewed, received, opened, or acknowledged the same. Users shall be solely responsible for maintaining accurate and updated contact information, ensuring access to electronic communication channels, regularly reviewing communications made available through the Services, and maintaining the necessary hardware, software, internet access, and technical capabilities required to receive and retain electronic communications. PayFun shall not be liable whatsoever for any losses, damages, delays, failures, missed communications, or inability to access the Services arising from Users’ failure to receive, access, review, or respond to any electronic communications or notices.

28. Right of Set-Off

28.1. Without prejudice to any other rights or remedies available to PayFun under these Terms, Applicable Laws, or otherwise, PayFun shall have the unrestricted right, at any time and without prior notice, consent, judicial authorization, or liability whatsoever, to offset, deduct, recover, withhold, apply, combine, consolidate, or set off any amounts, liabilities, obligations, fees, charges, losses, damages, penalties, fines, costs, expenses, taxes, chargebacks, reversals, or other sums owed by a User to PayFun or any of its affiliates against any balances, refunds, credits, Digital Assets, fiat funds, entitlements, settlements, receivables, or other assets held by, controlled by, payable to, or otherwise associated with such User through the Services or otherwise. Users expressly acknowledge and agree that PayFun may exercise such rights for purposes including but not limited to recovery of unpaid fees, losses arising from fraud, chargebacks, sanctions violations, regulatory liabilities, indemnification obligations, tax obligations, investigation costs, cybersecurity incidents, or any other liabilities incurred by PayFun arising from or relating to the User’s activities, transactions, conduct, or use of the Services.

29. Assignment

29.1. PayFun may, at any time and without prior notice, consent, or restriction, assign, transfer, novate, delegate, subcontract, charge, pledge, or otherwise dispose of any or all of its rights, interests, obligations, or liabilities under these Terms, whether in whole or in part, to any affiliate, successor, purchaser, acquirer, service provider, financial institution, or third party, including in connection with any corporate restructuring, merger, acquisition, sale of business, financing arrangement, outsourcing arrangement, or transfer of operations. Users acknowledge and agree that such assignment, transfer, novation, delegation, or subcontracting shall not require further consent from Users and shall remain valid and enforceable upon notice being provided where required by Applicable Laws.

29.2. Users shall not assign, transfer, delegate, sublicense, novate, pledge, charge, or otherwise dispose of any rights, interests, obligations, or liabilities under these Terms without the prior express written consent of PayFun, and any purported assignment or transfer in violation of this Clause shall be null and void.

30. No Reliance

30.1. Users expressly acknowledge, represent, warrant, and agree that in entering into these Terms and accessing or using the Services, they have not relied upon and shall not rely upon any representation, warranty, statement, assurance, projection, estimate, forecast, promise, opinion, advice, advertisement, marketing material, whitepaper, communication, or other information of any kind whatsoever, whether oral, written, electronic, express, implied, statutory, or otherwise, except for those expressly and unequivocally set out in these Terms. Users further acknowledge and agree that any information, market commentary, pricing information, analytics, promotional materials, research materials, or communications provided by PayFun are provided solely for informational purposes and shall not constitute legally binding representations or warranties.

31. Injunctive Relief

31.1. Users acknowledge and agree that any actual or threatened breach of these Terms by Users, including breaches relating to intellectual property rights, confidentiality obligations, cybersecurity obligations, misuse of the Services, fraud, unauthorized access, or unlawful conduct, may cause irreparable harm to PayFun for which monetary damages alone may be an inadequate remedy. Accordingly, PayFun shall be entitled, without prejudice to any other rights or remedies available under these Terms, Applicable Laws, or otherwise, to seek injunctive relief, interim relief, interlocutory relief, equitable relief, specific performance, restraining orders, or any other appropriate remedies from any court or tribunal of competent jurisdiction without the requirement to post bond, prove special damages, or establish inadequacy of monetary damages.

32. Cumulative Remedies

32.1. All rights, powers, privileges, remedies, and protections available to PayFun under these Terms, Applicable Laws, equity, or otherwise shall be cumulative and non-exclusive and may be exercised concurrently, independently, or successively. The exercise or partial exercise of any right or remedy by PayFun shall not preclude, waive, limit, or otherwise affect the exercise of any other right or remedy available to PayFun, whether under these Terms, Applicable Laws, or otherwise.

33. Claim Limitation Period

33.1. To the fullest extent permitted by Applicable Laws, any claim, dispute, controversy, action, proceeding, demand, cause of action, or allegation arising out of or relating to the Services, Platform, Digital Assets, Cards, transactions, account activities, or these Terms must be commenced by the relevant User within one (1) year from the date on which the relevant claim, dispute, or cause of action first arose or is alleged to have arisen, failing which such claim, dispute, action, or proceeding shall be irrevocably waived and permanently barred. Users expressly acknowledge and agree that this limitation period constitutes a material term of these Terms and an essential basis of the allocation of risk between the parties.

34. Waiver of Class Actions

34.1. To the fullest extent permitted by Applicable Laws, Users irrevocably waive any right to participate in, commence, join, or be represented in any class action, collective action, representative proceeding, group litigation, consolidated proceeding, private attorney general action, or similar proceeding against PayFun or any of its affiliates, directors, officers, employees, agents, banking partners, payment processors, custodians, or related third parties. All disputes, claims, and proceedings shall be brought solely on an individual basis, and Users further waive any right to seek consolidation of proceedings or claims involving other users or parties.

35. Severability

35.1. If any provision, clause, term, or part of these Terms is determined by any competent court, tribunal, regulatory authority, or arbitral body to be invalid, unlawful, illegal, void, unenforceable, or contrary to Applicable Laws, such provision shall be deemed severed and modified to the minimum extent necessary to make it enforceable while preserving its original intent to the fullest extent possible, and the remaining provisions of these Terms shall continue in full force and effect and remain valid, binding, and enforceable.

36. Waiver

36.1. No failure, delay, omission, or partial exercise by PayFun of any right, power, remedy, privilege, or protection under these Terms or Applicable Laws shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, remedy, privilege, or protection preclude any other or further exercise thereof. No waiver by PayFun of any breach, default, or violation of these Terms shall be effective unless expressly made in writing and signed by an authorized representative of PayFun, and any such waiver shall not constitute a continuing waiver or waiver of any subsequent breach or default.

37. Amendment

37.1. PayFun reserves the unrestricted right to amend, supplement, restate, replace, modify, or update these Terms at any time. Updated Terms may be communicated electronically and shall become effective immediately upon posting or such later date specified by PayFun. Continued access to or use of the Services constitutes acceptance of the revised Terms.

38. Entire Agreement

38.1. These Terms, together with any policies, disclosures, notices, schedules, guidelines, or supplemental terms expressly incorporated by reference herein, constitute the entire agreement between PayFun and the User relating to the access to and use of the Services and supersede all prior or contemporaneous discussions, negotiations, communications, understandings, representations, warranties, arrangements, proposals, agreements, or undertakings, whether oral, written, electronic, express, implied, statutory, or otherwise, relating to the subject matter hereof.

39. Relationship with Other Policies

39.1. These Terms and Conditions may be read together with any other policies, notices, guidelines, disclosures, rules, or terms issued by PayFun from time to time, including but not limited to the Privacy Policy, Refund Policy, and any other supplemental terms applicable to the Services, and certain provisions contained therein may apply to these Terms and Conditions where applicable.

40. Inconsistency

40.1. In the event of any inconsistency, conflict, ambiguity, discrepancy, or difference between these Terms and Conditions and any other policies, notices, guidelines, disclosures, rules, or terms issued by PayFun from time to time, these Terms and Conditions shall prevail and govern to the fullest extent permitted under Applicable Laws where applicable, unless expressly stated otherwise in these Terms and Conditions or the relevant supplemental policy, notice, guideline, disclosure, rule, or term.

41. Survival

41.1. Any provisions of these Terms which by their nature are intended to survive suspension, restriction, expiration, or termination of the Services or the relationship between PayFun and the User shall survive indefinitely and continue in full force and effect notwithstanding any suspension, restriction, closure, termination, discontinuation, or cessation of access to the Services. Without limitation, provisions relating to compliance obligations, investigations, sanctions, record retention, confidentiality, indemnification, limitation of liability, dispute resolution, governing law, intellectual property rights, tax obligations, set-off rights, regulatory cooperation, and enforcement rights shall survive indefinitely to the fullest extent permitted by Applicable Laws.

42. Language

42.1. These Terms may be translated into multiple languages for convenience and informational purposes only. In the event of any inconsistency, ambiguity, discrepancy, conflict, or difference in interpretation between the English version and any translated version of these Terms, the English version shall prevail, govern, and control to the fullest extent permitted by Applicable Laws.

43. Governing Law and Dispute Resolution

43.1. These Terms, the Services, and any non-contractual obligations arising out of or relating to them shall be governed by and construed in accordance with the laws of Hong Kong, without regard to any conflict of laws principles.

43.2. Any dispute, controversy, claim, or disagreement arising out of or relating to these Terms, the Services, the Platform, Digital Assets, Cards, transactions, account activities, or the relationship between the parties, including any question regarding the existence, validity, interpretation, performance, breach, termination, or enforceability thereof, shall be finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the HKIAC Rules for the time being in force, which rules are deemed to be incorporated by reference into this Clause. The seat of arbitration shall be Hong Kong. The tribunal shall consist of one (1) arbitrator unless otherwise determined in accordance with the HKIAC Rules. The language of arbitration shall be English. The arbitration proceedings and any award rendered shall remain confidential except to the extent disclosure is required by Applicable Laws or for enforcement purposes. The arbitral award shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction.

43.3. Nothing in this Clause shall prevent PayFun from seeking interim relief, injunctive relief, equitable relief, preservation orders, or other urgent remedies before any court of competent jurisdiction where necessary to protect its rights, assets, operations, systems, confidential information, intellectual property, or legitimate interests.

43.4. PayFun’s internal records, blockchain analytics records, transaction logs, system records, device logs, IP records, authentication records, and electronic records shall, in the absence of manifest error, constitute prima facie evidence of transactions, instructions, communications, and activities conducted through the Services.

44. Contact Information

Users may contact PayFun regarding the Services, these Terms, or related matters through the following contact details:

Email: [email protected]

Website: https://www.payfun.com/

A Legal Disclaimer

The explanations and information provided on this page are only general and high-level explanations and information on how to write your own document of Terms & Conditions. You should not rely on this article as legal advice or as recommendations regarding what you should actually do, because we cannot know in advance what are the specific terms you wish to establish between your business and your customers and visitors. We recommend that you seek legal advice to help you understand and to assist you in the creation of your own Terms & Conditions.

Privacy Policy - the basics

Having said that, Terms and Conditions (“T&C”) are a set of legally binding terms defined by you, as the owner of this website. The T&C set forth the legal boundaries governing the activities of the website visitors, or your customers, while they visit or engage with this website. The T&C are meant to establish the legal relationship between the site visitors and you as the website owner.

T&C should be defined according to the specific needs and nature of each website. For example, a website offering products to customers in e-commerce transactions requires T&C that are different from the T&C of a website only providing information (like a blog, a landing page, and so on).

T&C provide you as the website owner the ability to protect yourself from potential legal exposure, but this may differ from jurisdiction to jurisdiction, so make sure to receive local legal advice if you are trying to protect yourself from legal exposure.

What to include in the Privacy Policy

Generally speaking, T&C often address these types of issues: Who is allowed to use the website; the possible payment methods; a declaration that the website owner may change his or her offering in the future; the types of warranties the website owner gives his or her customers; a reference to issues of intellectual property or copyrights, where relevant; the website owner’s right to suspend or cancel a member’s account; and much much more.

To learn more about this, check out our article “Creating a Terms and Conditions Policy”

Privacy Policy - the basics

What to include in the Privacy Policy

To learn more about this, check out our article “Creating a Terms and Conditions Policy”