LEGAL INFO

Terms and Conditions

Legal agreement between Paysmaker and users who access the Services.

Document contains

01Introduction
02Use of the Services
03Pricing and Exchange Rates
04Order Processing
05Prohibited Jurisdictions
06Prohibited Conduct
07AML/Compliance
08Personal Data
09Limitation of Liability
10Tax
11Changes to the Terms
12Risk Disclosure
13Intellectual Property
14Restricted Activities
15Disputes Resolution
SECTION 1

Introduction

1.1

These Terms constitute a legal agreement between us ("Paysmaker", "We", "Us", "Ourselves") and users, clients, visitors and others (without limitation), who access the Services (as defined below) ("User", "You", "Your").

1.2

"Paysmaker", "We", "Us", "Ourselves" refers to the company COY99 LLC, duly organized under the laws of Georgia. Legal Registration Address: Georgia, Tbilisi, Gldani district, Omar Khizanishvili street, N 264 (Tbilisi Technology Park Free Industrial Zone).

1.3

The Paysmaker services ("Service") refers to the services provided to you by Paysmaker, which are offered through the paysmaker.com website ("Website"), widgets and mobile applications.

1.4

Paysmaker offers an exchange of cryptocurrencies ("Exchange"), based on an order ("Order") that was created by the User in the Service.

1.5

All Orders are processed using a floating exchange rate. The final exchange rate is determined upon receipt of the required blockchain confirmations and may differ from the indicative rate shown at Order creation.

1.6

If the User does not read and accept the Terms of Service, the User should not use or continue using the Services.

SECTION 2

Use of the Services

2.1

By using the Service, you confirm that you are an individual or legal entity with the legal capacity to enter into binding agreements and to use the Service. You also confirm that you have reached the age of majority applicable in your jurisdiction, or that you are using the Service with the consent of a legal representative or guardian, where required.

2.2

You agree not to copy, reproduce, resell, or otherwise exploit any part of the Service or its functionality for commercial purposes without prior written authorization from Paysmaker.

2.3

An Exchange is initiated by creating an Order specifying the exchange direction, amount, and receiving address, followed by the transfer of funds to the address generated by the Service for that Order.

2.4

All Exchanges are processed using a floating exchange rate, which may vary depending on market conditions. Any applicable service fees and blockchain network fees are included in the exchange rate displayed to the User, unless stated otherwise. The final exchange rate is determined once the User's transaction receives the required number of confirmations on the applicable blockchain network.

2.5

Order execution times are not guaranteed and depend on blockchain and market conditions. Orders may be cancelled if funds are not received within a reasonable timeframe.

2.6

Minimum and maximum exchange amounts may apply depending on the asset, network, and risk considerations. Transactions outside applicable limits may not be processed.

2.7

The User is responsible for the accuracy of Order details, including the receiving address and selected assets. Paysmaker is not responsible for transactions sent based on incorrect information provided by the User.

2.8

You acknowledge and agree that you must send funds in a single transaction for the Order you have created in the same currency and blockchain network that was selected when creating the Order.

2.9

Orders are executed automatically, and changes or cancellations may not be possible after processing has started.

2.10

Sending transactions to Paysmaker addresses via third-party smart contracts is prohibited, unless it is expressly allowed on the Order page.

2.11

Each Order is accessible via a unique URL containing the Order ID and the receiving address provided at the time the Order was created. Users are responsible for retaining access to this information. If the Order link or Order ID is lost, the User may contact technical support for assistance. To locate the Order, the User may be asked to provide relevant details, such as the exchange direction, the transaction used to send funds to the Service, and the receiving address specified when the Order was created. If sufficient information is not available to identify the Order, technical support may be unable to assist.

2.12

The User is responsible for retaining access to Order-related information, including the Order link and any contact details provided. If the Order page is closed, Order data is lost, or the User no longer has access to the email address associated with the Order, Paysmaker may be unable to provide Order details or continue processing the Order.

2.13

The Service does not provide user accounts or maintain ongoing balances. Funds may be temporarily received and processed by the Service solely for the purpose of executing an Order and are transferred to the User upon completion of the Order.

2.14

We reserve the right to refuse service to anyone for any reason at any time.

2.15

Paysmaker may modify, update, or discontinue the Website or any part of the Service from time to time. Where reasonably practicable, notice of material changes may be provided.

2.16

When creating an account or specifying an email address on the order page to receive notifications about the order status, the User is obliged to specify a correct email address that belongs to him.

2.17

If an invalid or non-owner email address is specified, the Service has the right to temporarily suspend the account until ownership of the specified address is confirmed, and also to permanently delete the account without the possibility of recovery.

2.18

Repeated use of email addresses that do not belong to the User for the purpose of accessing or using the Service may be treated as misuse of the Service. In such cases, Paysmaker reserves the right to limit access to certain features or decline further provision of the Service.

SECTION 3

Pricing and Exchange Rates

3.1

Prices and exchange rates offered through the Service may change from time to time based on market conditions and other relevant factors.

3.2

Paysmaker is not responsible for any changes to prices or exchange rates, nor for the suspension or discontinuation of the Service, whether temporary or permanent.

3.3

All applicable service fees and blockchain network fees are included in the exchange rate displayed to the User at the time an Order is created, unless stated otherwise.

3.4

For an Order to be considered accepted, the User's transaction must receive the required number of confirmations on the relevant blockchain network. The number of required confirmations may vary depending on the digital asset and network conditions.

SECTION 4

Order Processing

In certain cases, an Order may not be processed automatically due to technical issues or inconsistencies with the Order details. In such situations, the User may be required to contact technical support to request further review or assistance.

Support requests should be submitted via email to [email protected].

4.1

Certain Orders may not be processed as originally intended due to technical limitations, blockchain network conditions, incorrect Order details, unsupported assets or networks, or other exceptional circumstances.

4.2

Order execution timing depends on blockchain confirmations and network conditions. Processing times are not guaranteed and do not constitute a service level agreement.

4.3

If more than one transaction is sent for a single Order, only one transaction may be processed. Any additional funds may be handled separately, including being returned where technically feasible.

4.4

Transactions sent using incorrect digital assets, blockchain networks, or required transaction parameters (such as missing or incorrect memos or destination tags) may result in delays or irreversible loss of funds. Paysmaker does not guarantee recovery of such funds.

4.5

Orders that fall below the minimum or exceed the maximum limits displayed at the time of Order creation may not be processed as intended and may require additional handling or alternative resolution.

4.6

Due to the nature of blockchain transactions, not all errors or exceptional situations can be resolved. Paysmaker does not guarantee the recovery or return of funds in all cases.

SECTION 5

Prohibited Jurisdictions

5.1

Paysmaker reserves the right to restrict or deny its services in certain countries.

5.2

The Service is not intended for use by individuals or entities that are located in, resident in, or otherwise subject to jurisdictions where the provision or use of the Service is prohibited by applicable laws or sanctions regimes.

5.3

By using the Service, the User represents and warrants that they are not located in, resident in, or otherwise subject to any jurisdiction where use of the Service is restricted or prohibited.

5.4

Paysmaker does not guarantee the availability of the Service in all jurisdictions and may limit, suspend, or decline access to the Service if it reasonably determines that continued provision of the Service may result in legal or regulatory risk.

SECTION 6

Prohibited Conduct

6.1

When using the Service or the Website, you agree not to:

  • use the Service for any unlawful, fraudulent, or unauthorized purpose;
  • encourage or assist others in engaging in unlawful activities;
  • violate any applicable laws, regulations, or legal requirements;
  • infringe the intellectual property or other legal rights of Paysmaker or any third party;
  • engage in abusive, threatening, harassing, discriminatory, or otherwise inappropriate conduct toward others;
  • provide false, misleading, or inaccurate information;
  • introduce malware, viruses, or any other harmful code that may interfere with the operation or security of the Service or related systems;
  • attempt to access, collect, or misuse personal data of other users without authorization;
  • engage in spam, phishing, scraping, or other abusive or automated activities;
  • interfere with or attempt to bypass the security, integrity, or proper functioning of the Service.
6.2

The Service may not be used for the laundering of funds derived from criminal activity. If funds sent to our addresses are reasonably suspected to be linked to unlawful activity, the processing of the relevant Order may be temporarily suspended while additional information regarding the origin and legality of such funds is requested. The scope and type of information that may be requested from the User in such cases are described in the relevant section of these Terms.

6.3

The Service may not be used to send funds that are directly or indirectly linked to addresses or entities subject to sanctions. The User is responsible for ensuring that any funds sent to our addresses are not associated with sanctioned addresses or restricted activities. If funds are identified as being linked to sanctions or restricted entities, Paysmaker reserves the right to suspend the processing of the relevant Order and restrict access to the Service, in accordance with applicable legal and compliance requirements.

6.4

The Service may not be used to send funds originating from or directly linked to third-party services or platforms that are reasonably suspected of facilitating illicit activity, refusing to apply appropriate compliance measures, or operating in violation of applicable sanctions or legal restrictions. If such funds are identified, Paysmaker reserves the right to suspend the processing of the relevant Order and restrict access to the Service in order to address compliance concerns.

6.5

Any actions intended to simulate the use of the Service without a genuine intention to complete an exchange, including deliberate violations of the Exchange Rules for the purpose of obtaining a refund, are prohibited and may be treated as abuse of the Service. If such activity is identified, Paysmaker may suspend the processing of the relevant Order and request clarification from the User. Where necessary to resolve the situation, additional verification measures related to the specific transaction or the origin of funds may be requested. Based on the outcome of such review, Paysmaker may either complete the exchange or issue a refund solely to the original sending address. If it is reasonably determined that the User intentionally abused the Service and caused direct financial loss to Paysmaker, Paysmaker reserves the right to take appropriate steps to recover such losses.

6.6

We reserve the right to terminate your use of the Service or any related Website for violating any of the prohibited uses.

SECTION 7

AML/Compliance

7.1

The Service allows Users to make Exchanges without registration or account creation. However, if funds sent under an Order raise reasonable concerns regarding their legality, Paysmaker may temporarily suspend the processing of the Order and request additional information about the origin of such funds. In this case, the User must contact Paysmaker via email at [email protected] using the email address provided when creating the Order. All further communication regarding the suspended Order shall be conducted by email.

7.2

Paysmaker may assess potential links between the funds and unlawful activity based on information received from trusted business partners, publicly available sources, user complaints, or lawful requests from competent authorities.

7.3

Paysmaker is not required to disclose the specific sources, criteria, or methods used to identify potential connections between funds and illegal activity.

7.4

By using the Service, you acknowledge that transactions may be subject to verification using security and monitoring tools applied by Paysmaker.

7.5

Upon request, the User agrees to provide information reasonably necessary to confirm the lawful origin of the funds sent under the Order.

7.6

The User confirms that any information provided in connection with such a request is accurate, truthful, and complete, and accepts responsibility for its correctness.

7.7

Information regarding the origin of funds must be provided by the person or entity that initiated the relevant transaction.

7.8

If the User fails to provide the requested information, provides false or misleading information, or if the information indicates a connection to unlawful activity, Paysmaker reserves the right to refuse to process the Order or restrict further use of the Service.

7.9

In exceptional cases, where the origin of funds cannot be reasonably confirmed based on the information provided, Paysmaker may request additional verification measures for the sole purpose of resolving the specific Order. Any refund, where applicable, shall be made only to the address from which the funds were originally received.

7.10

Paysmaker reserves the right to suspend or restrict access to the Service, including the processing of new Orders, where there are reasonable grounds to suspect fraud, misuse of the Service, or other unlawful activity.

SECTION 8

Personal Data

8.1

The Company processes personal data in accordance with applicable laws and its Privacy Policy.

8.2

Personal data may be processed and stored where necessary to provide and operate the Service, ensure its security, prevent fraud, and detect or prevent prohibited or illegal activities.

8.3

The Company may disclose personal data, including technical and transaction-related data, to third-party service providers and competent authorities where such disclosure is required or permitted by applicable law.

8.4

Such disclosure may occur in order to comply with legal or regulatory obligations, including obligations related to anti-money laundering, counter-terrorist financing, or other applicable regulatory requirements.

8.5

Further information regarding the processing, storage and transfer of personal data is set out in the Privacy Policy.

SECTION 9

Limitation of Liability

9.1

To the maximum extent permitted by applicable law, the Service is provided on an "as is" and "as available" basis. You use the Service at your own risk and are responsible for ensuring that your use of the Service complies with applicable laws in your jurisdiction.

9.2

Paysmaker shall not be liable for any losses or damages arising from factors beyond its reasonable control, including but not limited to blockchain network failures, delays, congestion, technical malfunctions, system downtime, cybersecurity incidents, or unauthorized access to third-party systems.

9.3

Paysmaker does not guarantee uninterrupted or error-free operation of the Service and shall not be liable for losses resulting from temporary unavailability, maintenance, or technical issues.

9.4

Paysmaker is not responsible for indirect or consequential losses, including loss of profits, data, or business opportunities, arising from the use of the Service.

9.5

You are responsible for your use of the Service and for complying with these Terms. Paysmaker is not responsible for losses or claims resulting from your breach of these Terms or misuse of the Service.

9.6

Paysmaker shall not be responsible for any third-party websites, applications, phishing attempts, or fraudulent services that falsely claim affiliation with Paysmaker or imitate the Service.

SECTION 10

Tax

10.1

The tax treatment of digital assets may vary depending on the jurisdiction and the User's individual circumstances. Users may be subject to tax obligations arising from the exchange, use or disposal of digital assets.

10.2

The Company does not provide tax, legal or accounting advice and is not responsible for determining whether any taxes apply to a User's transactions.

10.3

The Company is not responsible for collecting, reporting, withholding or remitting any taxes arising from transactions conducted through the Service.

10.4

Users are solely responsible for complying with all applicable tax laws, reporting requirements and obligations in their relevant jurisdiction.

SECTION 11

Changes to the Terms

11.1

The most current version of these Terms is always available on the Website.

11.2

Paysmaker may update or modify these Terms from time to time. Any changes will become effective once published on the Website, unless otherwise stated.

11.3

By continuing to access or use the Service after the updated Terms have been published, you acknowledge and agree to be bound by such changes. It is your responsibility to review the Terms periodically.

SECTION 12

Risk Disclosure

12.1

You acknowledge that transactions involving digital assets are subject to significant risks, including but not limited to price volatility, market fluctuations, blockchain network delays or failures, and potential loss of funds.

12.2

You understand and agree that you use the Service at your own risk and that Paysmaker does not provide investment, financial, or legal advice.

12.3

You assume full responsibility for all risks arising from your use of the Service and from transactions involving digital assets. To the maximum extent permitted by applicable law, Paysmaker shall not be liable for any losses, damages, or adverse outcomes resulting from such risks.

SECTION 13

Intellectual Property

13.1

All content, trademarks, service marks, logos, designs, software, and other intellectual property displayed on or used in connection with the Service are owned by Paysmaker, unless otherwise stated.

13.2

You may not use, copy, reproduce, modify, distribute, or exploit any intellectual property of Paysmaker for commercial purposes without prior written consent.

13.3

Nothing in these Terms grants you any rights to use Paysmaker's intellectual property, except as necessary for your personal and non-commercial use of the Service.

SECTION 14

Restricted Activities

14.1

You agree not to use the Service, directly or indirectly, to:

14.1.1

violate these Terms or any policies issued by Paysmaker;

14.1.2

violate any applicable laws or regulations;

14.1.3

infringe the intellectual property, privacy, or other legal rights of Paysmaker or any third party;

14.1.4

engage in abusive, threatening, harassing, or otherwise inappropriate conduct toward Paysmaker, its representatives, or other users;

14.1.5

provide false, misleading, or inaccurate information;

14.1.6

engage in or facilitate any fraudulent, deceptive, or suspicious activity or transactions.

SECTION 15

Disputes Resolution

15.1

Any disputes or claims arising out of or in connection with these Terms shall first be resolved through good-faith negotiations between the parties.

15.2

For the purposes of dispute resolution, communication via email with Paysmaker's authorized representatives at [email protected] shall be deemed a valid and binding form of communication.

15.3

If the parties fail to reach an agreement within thirty (30) days from the date the dispute is raised, such dispute shall be submitted to the competent court for final resolution.

15.4

To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms must be brought within one (1) year from the date on which such claim arose. Claims not brought within this period shall be deemed waived.