PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE BitPagos SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE BitPagos SERVICES.
These Terms of Service ("Terms") apply solely to your use of any product, service or other feature, technology and/or functionality offered by BitPagos ("BitPagos"), whether through the BitPagos website or any third party website or application ("BitPagos Services"). These Terms do not alter the terms or conditions of any other agreement you may have with BitPagos, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the BitPagos Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity will be responsible to BitPagos if you violate these Terms.
BitPagos reserves the right to change or modify the terms and conditions contained in these Terms or any other BitPagos terms, policies or guidelines, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions to the BitPagos website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the BitPagos Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms and all applicable terms, policies and guidelines to understand the terms and conditions that apply to your use. If you do not agree to the amended terms, you must stop using the BitPagos Services. Any use of the BitPagos Services in violation of these Terms may result in, among other things, termination or suspension of your right to use the BitPagos Services.
If you have any questions or comments regarding the use of the BitPagos Services, please contact [email protected].
Our Relationship to You
BitPagos helps you make payments to, and accept payments from, third parties. BitPagos does not have control of, or liability for, the products or services that are paid for through the BitPagos Services.
Acceptable Use Policy
In connection with your use of the BitPagos Services, you agree at all times to comply with BitPagos's Acceptable Use Policy. BitPagos reserves the right to terminate your account and block or prevent future access to, and use of, the BitPagos Services for any violation of these Terms or the Acceptable Use Policy.
Virtual Currency and Wallet Use Disclaimer
In connection with your use of the BitPagos Services, you agree at all times to comply with BitPagos's Virtual Currency and Wallet Use Disclaimer and take the steps necessary to protect your account and balance.
Eligibility, Registration and Account
To be eligible to use BitPagos, you must be at least 18 years of age. BitPagos may impose additional restrictions on the use of the BitPagos Services. BitPagos Services are available in the US, Argentina, Chile and Brazil. You also represent and warrant that you have not previously been suspended or removed from the BitPagos Services and that you have full power and authority to enter into these Terms.
In order to accept payments through the BitPagos Services, you must create an account. When creating any account, whether to initiate or receive payments, you agree to (a) provide accurate, truthful, current and complete information when creating your account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others and restricting access to your account on your computer or mobile device; (d) promptly notify BitPagos if you discover or otherwise suspect any security breaches related to the BitPagos Service and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Authorization to Charge or Credit Accounts
Each time you initiate or accept a payment transaction through the BitPagos Services, you authorize BitPagos to charge or credit the accounts involved, to correct any errors in the transaction and to resubmit any transaction that is rejected by the applicable financial institution. Your authorization will remain in full force and effect until you terminate such authorization in writing.
Transaction Limits. BitPagos may, in its discretion, impose limits on the transactions you can send through the BitPagos Services.
Payment Methods Accepted. BitPagos allows users to send payments using selected payment methods identified on the transaction screens within the BitPagos Services. BitPagos reserves the right to change accepted methods of payment at any time and in its sole discretion. You may be required to verify that you control the accounts that you register prior to using the cards for transactions. If you use a credit card, you agree to comply with all applicable card association and network rules.
Accuracy of Information. You are responsible for confirming the accuracy of the information you provide about each payment you send, including the email address and/or telephone number of the recipient and the amount of the transaction. Once a payment transaction is initiated, you may not change, withdraw or cancel your authorization for BitPagos to complete the transaction.
Refused and Refunded Transactions. When sending a payment, the recipient is not required to accept it. You agree that you will not hold BitPagos liable for any damages resulting from a recipient's decision not to accept a payment made through BitPagos. BitPagos will return any unclaimed, refunded or denied payment within thirty (30) business days of the date you initiate the payment. If a payment is unclaimed, denied or refunded for any reason, BitPagos will return the money to your original payment method, if possible.
Transaction Limits. BitPagos may, in its discretion, impose limits on the transactions you can receive through the BitPagos Services. If such limit is reached BitPagos will inform you before your request for payment which would exceed such limits.
Reversals, Chargebacks and Claims. When you receive a payment, you are liable to BitPagos for the full amount of the payment, plus any fees, if the payment is later invalidated for any reason. This means that you will be responsible for reimbursing BitPagos if you lose a claim or a chargeback or if there is a reversal of the payment.
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. BitPagos is not responsible for determining whether taxes apply to your transaction or for collecting, reporting, withholding or remitting any taxes arising from any transaction. You acknowledge that BitPagos may report to the appropriate tax agency the total amount of the payments you receive each calendar year into all of the accounts you own in that calendar year.
BitPagos reserves the right to charge service fees based on the total amount of your transaction. Such fees are subject to change without notice and in BitPagos's sole discretion. All BitPagos fees will be disclosed to you before you complete your transaction. In some instances, third party websites and applications that offer the BitPagos Services may also charge service fees. For a summary of fees please refer to the Pricing and Services section.
You may cancel your use of the service anytime by stoping your use of the service. Please note that you are still responsible for providing the products and or services to customers whom you invoiced or charged through the service and are still outstanding. Please contact us at the contact options listed at the bottom of this document for a permanent deactivation of the account.
Ownership; Proprietary Rights
The BitPagos Services are owned and operated by BitPagos and/or third party licensors. Unless otherwise indicated, the BitPagos Services and all designs, text, graphics, pictures, information, data, computer code (including source code and object code), compilations, other files and the selection and arrangement thereof (collectively, "Materials") are the proprietary property of BitPagos or its licensors or suppliers and are protected by U.S. and international copyright laws. As between you and BitPagos, all Materials, trademarks, service marks and trade names contained in the BitPagos Services are the property of BitPagos and/or third party licensors or suppliers. You agree not to sell, license, distribute, copy, modify, publicly perform, display, transmit, publish, edit, adapt, create derivative works from or otherwise make unauthorized use of the Materials. BitPagos reserves all rights not expressly granted in these Terms.
Electronic Notices and Your Consent
You agree and consent to receive electronically all communications, agreements, documents, receipts, notices and disclosures (collectively, "Communications") that BitPagos or BitPagos's partner merchant provides in connection with your BitPagos account and use of the BitPagos Services. BitPagos may provide these Communications to you by posting them on the BitPagos website, by emailing them to you at the primary email address you provide, or by having a partner merchant email them to you at your provided email address. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact us at to request additional electronic copies of Communications or, for a fee, paper copies of Communications. You may withdraw your consent to receive electronic Communications by contacting however, BitPagos reserves the right to terminate your use of the BitPagos Services if you decline or withdraw consent to receive electronic Communications.
You agree to defend, indemnify and hold harmless BitPagos, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) any actual or alleged breach of these Terms or any other BitPagos terms, policies or guidelines; (b) any actual or alleged violation of applicable laws or rules of any payment card association, network or company; (c) your wrongful or improper use of the BitPagos Services or (d) your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY BitPagos, THE BitPagos SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BitPagos DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE BitPagos SERVICES. BitPagos does not have any control over the products or services that are paid for with the BitPagos Services. BitPagos does not guarantee continuous, uninterrupted or secure access to any part of the BitPagos Services. BitPagos will make reasonable efforts to ensure that requests for payments are processed in a timely manner, but BitPagos makes no representations or warranties regarding the amount of time needed to complete processing.
Limitation of Liability
IN NO EVENT SHALL BitPagos, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE BitPagos SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM BitPagos OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BitPagos'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BitPagos, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE BitPagos SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BitPagos FOR ACCESS TO OR USE OF THE BitPagos SERVICES.
The laws of certain states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Modification to the Services
BitPagos reserves the right to modify or discontinue, temporarily or permanently, the BitPagos Services, or any features or portions thereof, without prior notice to you. You agree that BitPagos will not be liable for any modification, suspension or discontinuance of the BitPagos Services or any part thereof.
Applicable Law and Venue
These Terms and your use of the BitPagos Services shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Santa Clara County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
BitPagos reserves the right, without notice and in its sole discretion, to terminate your use of the BitPagos Services and to block or prevent your future access to, and use of, the BitPagos Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
This document was last updated on July 7, 2014