These Terms of Service ("Terms") govern your use of the website and all associated services, features, content, tools, and documentation provided by Wirex Pay through our website or any third-party sites (collectively, the "Services"). By accessing or using the Services, you agree to comply with and be bound by these Terms, as well as the Wirex Pay Chain Airdrop Terms, Wirex Pay Chain Delegation Terms and the Wirex App Pay Chain Staking Terms. If you do not agree with any of these Terms, please refrain from using the Services. 

​

1. Eligibility and Access 

To use the Services, you must be at least 18 years old and not fall under the category of a Prohibited Person. We define a Prohibited Person as any person or organisation that: 

a) Is subject to economic or trade sanctions imposed by any government body. This includes individuals or entities listed on sanction registers maintained by the European Union, United Kingdom, United States, or other relevant authorities. Such lists may include, but are not limited to, those designating prohibited parties, financially sanctioned targets, or specially designated nationals. 

b) Resides in, is established in, or operates from a country or region that is comprehensively sanctioned or embargoed. This also includes areas labelled as "supporters of terrorism" by international bodies like the United Nations or by governmental agencies of the EU, UK, or US, such as the Office of Foreign Assets Control or HM Treasury's Office of Financial Sanctions Implementation. 

c) Is owned or controlled by entities or individuals described in points a or b. 

d) Attempts to use our services on behalf of any party mentioned in points a, b, or c. 

By using our services, you affirm that you meet these eligibility criteria and pledge not to engage in any unlawful activities or prohibited conduct through our platform. You also acknowledge that you bear sole responsibility for adhering to all applicable laws in your jurisdiction of residence or from where you're accessing our services. 

Your use of our Services constitutes a representation and guarantee that you satisfy these requirements and will not employ our services for any illicit purposes or to participate in any prohibited activities. 

​

2. User Rights and Restrictions 

2.1. Wirex Pay operates a payment blockchain allowing various financial transactions (the "Protocol"). The Protocol and its underlying smart contracts are not part of the Services. 

2.2. Documentation Access 

The Services may include documentation, research, blog posts, images, videos, commentary, and other materials related to the Wirex Pay community and Protocol (collectively, "Documentation"). These are part of the Services. 

2.3. License to Use Services 

You are granted a non-transferable, non-exclusive, personal, non-assignable, and non-sublicensable license to download, access, and display any software, content, or materials provided as part of the Services solely for your personal use and in compliance with these Terms. 

2.4. Usage Restrictions 

You agree not to engage in any prohibited activities as outlined in Section 4 of the Node Sale Terms & Conditions, which are incorporated here by reference. 

​

3. Ownership and Intellectual Property 

3.1. Ownership of Services 

The Services and all related proprietary content, information, and materials are protected by intellectual property laws. Wirex Pay and its affiliates or licensors own all rights to names, logos, product and service names, designs, and slogans associated with Wirex Pay. You may not use these without our prior written consent. 

3.2. Feedback 

Any feedback, comments, or suggestions you provide regarding the Services are voluntary, and Wirex Pay is free to use such feedback as it sees fit without any obligation to you. 

​

4. Third-Party Services and Content 

The Services may include links to third-party websites, services, or content not controlled by Wirex Pay. We do not endorse or assume any responsibility for these third-party sites or materials. Wirex Pay is not liable for any interactions with third-party providers or the content and practices of third-party websites. Use of third-party links and services is at your own risk. 

​

5. Privacy Policy 

Our Privacy Policy, available at wirexpaychain.com/privacy, explains how we handle the information you provide when using the Services and is incorporated into these Terms by reference. 

​

6. Disclaimers and Limitation of Liability 

6.1. General Disclaimers 

We do not control the activity or data on the Protocol and do not possess or manage digital assets on the Protocol. We do not make any representations or warranties about the accuracy, completeness, reliability, or error-free nature of the Documentation. 

6.2. No Warranties 

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We disclaim all warranties, express or implied, to the maximum extent permitted by law. 

6.3. Limitations of Liability 

Wirex Pay and its affiliates are not liable for any indirect, special, incidental, consequential, or punitive damages arising from your use or inability to use the Services. 

6.4. Assumption of Risk 

By using the Services, you acknowledge and accept the risks associated with blockchain technologies, cryptocurrencies, and digital assets, including potential loss of value. 

6.5. Indemnification 

You agree to indemnify and hold Wirex Pay and its affiliates harmless from any claims, liabilities, damages, losses, or expenses arising from your violation of these Terms or your use of the Services. 

6.6. Extended Limitation of Liability 

To the fullest extent permitted by applicable law, Wirex Pay shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your use or inability to use the Wirex Pay service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the service; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Wirex Pay service. 

6.7. Bridge Disclaimer 

Wirex Pay provides a bridge service to facilitate the transfer of cryptocurrency between the Ethereum network and Wirex Pay. While we strive to ensure the security and efficiency of this service, you acknowledge and agree to the following: 

​

a) Wirex Pay is not liable for any losses, damages, or issues arising from the use of the bridge service, including but not limited to: 

Delays in transaction processing 

Fluctuations in cryptocurrency value during the bridging process 

Any errors or issues related to the connected web wallet (e.g., MetaMask) 

Network congestion or failures on either the Ethereum or Wirex Pay networks 

b) You are solely responsible for ensuring the accuracy of all transaction details, including wallet addresses and transfer amounts. 

c) Wirex Pay does not guarantee the availability or continuous operation of the bridge service and reserves the right to suspend or terminate the service at any time without prior notice. 

d) You understand and accept that bridging transactions are irreversible once initiated. Wirex Pay cannot reverse or refund completed bridge transactions. 

e) Wirex Pay is not responsible for any gas fees incurred on the Ethereum network during the bridging process. You acknowledge that you are responsible for having sufficient ETH in your wallet to cover these fees. 

f) While Wirex Pay implements security measures, you understand that bridging services inherently carry risks. You agree to use the bridge service at your own risk and discretion. 

​

7. Dispute Resolution 

7.1. Arbitration Agreement 

Any disputes arising from these Terms or the Services will be resolved through binding individual arbitration as specified in Section 9 of the Node Sale Terms & Conditions, incorporated here by reference. 

​

8. Miscellaneous Provisions 

8.1. Updates to Terms 

We may update these Terms periodically. Updated Terms become effective upon posting unless otherwise specified. 

8.2. Termination of Services 

We may suspend or terminate your access to the Services at our discretion, with or without notice, for any reason. 

8.3. Governing Law 

These Terms are governed by the laws of the British Virgin Islands. Any unlawful or unenforceable provision will be severed without affecting the validity of the remaining provisions. 

8.4. Force Majeure 

Wirex Pay is not liable for any failure or delay in fulfilling obligations due to events beyond our control, including natural disasters, wars, or technological failures. 

8.5. Severability and Assignment 

If any provision of these Terms is deemed unlawful or unenforceable, it will be severed from the Terms, which will remain in effect. Wirex Pay may assign its rights under these Terms; you may not assign your rights without prior written consent. 

8.6. Contact Information 

For any questions or concerns regarding the Services or these Terms, please contact us at support@wirexpaychain.com. 

​

9. Technology and Infrastructure 

9.1. Wirex Pay employs Zero Knowledge (ZK) technology, including ZK Rollups and ZK Validium, to provide its payment solution. By using Wirex Pay, you acknowledge and accept that your transactions will be processed using this technology. 

9.2. While Wirex Pay strives to ensure high security and efficiency through its technological infrastructure, you understand and agree that no technology is entirely without risk. Wirex Pay shall not be held liable for any unforeseen technical issues or vulnerabilities inherent to ZK technology. 

 

10. Transaction Processing and Data Storage 

10.1. You understand and agree that transactions on Wirex Pay are processed off-chain and then verified on-chain using Zero Knowledge proofs. This method may result in a delay between transaction initiation and final settlement on the blockchain. 

10.2. Wirex Pay may store certain transaction data off-chain. You acknowledge that while this approach enhances scalability and reduces costs, it may impact data availability in certain circumstances. Wirex Pay shall not be held responsible for any data unavailability resulting from off-chain storage. 

​

11. Interoperability and Asset Movement 

11.1. Wirex Pay's integration with the Aggregated Layer (AggLayer) allows for interoperability across multiple blockchain networks. You understand and accept the risks associated with cross-chain asset movements, including but not limited to, transaction delays, network congestion, or potential smart contract vulnerabilities. 

​

12. Non-Custodial Nature of Service 

12.1. You acknowledge that Wirex Pay is a non-custodial solution. You are solely responsible for maintaining the security of your private keys and wallet access. Wirex Pay shall not be held liable for any loss of assets resulting from compromised user credentials or unauthorized access to your wallet. 

​

13. Supported Currencies and Conversions 

13.1. Wirex Pay supports various stablecoins and cryptocurrencies. You agree to review and accept any applicable conversion fees or exchange rates before initiating a transaction. Wirex Pay is not responsible for any financial losses resulting from currency fluctuations or conversion rates. 

​

14. Smart Contract Interactions 

14.1. You understand that interactions with smart contracts on Wirex Pay are irreversible and execute automatically based on predefined conditions. You accept full responsibility for any transactions or interactions you initiate with these smart contracts. 

​

15. Governance and Protocol Changes 

15.1. Wirex Pay is governed by a Decentralized Autonomous Organization (DAO). You acknowledge that the protocol and its features may change based on DAO decisions. While Wirex Pay will strive to communicate significant changes, you are responsible for staying informed about any updates or modifications to the protocol. 

​

16. WPAY Token 

16.1. The WPAY token is the native governance token of the Wirex Pay network. By acquiring or using WPAY tokens, you acknowledge that their value may fluctuate and that Wirex Pay does not guarantee any specific value or utility for these tokens. 

16.2. Staking WPAY tokens for rewards or voting power is done at your own risk. Wirex Pay is not responsible for any losses incurred due to staking activities or changes in token value. 

​

17. Relationship with Wirex 

17.1. You understand that while Wirex Pay is built on the foundation of Wirex's traditional financial services, it operates as a separate entity. The terms of service, features, and protections of Wirex Pay may differ from those of Wirex's other services. 

​

By using the Services, you agree to these Terms. 

​

Dated: October 2024