PAXFUL USER AGREEMENT

Last Update: September 26 2024

You agree and understand that by signing up to Paxful and using the services, you are agreeing to enter into this user agreement (the “Agreement”) by and between you and Paxful Inc., and be legally bound by its terms and conditions, so please read them carefully. By accessing and using Paxful, you’re entering into a legally binding contract, with the waiving of certain legal rights such as a jury trial and class actions. If any term or condition of this User Agreement is unacceptable to you, please do not visit, access, or use Paxful. Use of the words “Paxful” “company”, “we,”,“us,” or “our” in this User Agreement refers to Paxful Inc. and any or all of its affiliates.

The services are: a marketplace to enable buyers and sellers of “Digital Assets” (such term to be broadly understood to include digital currencies such as Bitcoin, Ether, and others supported by Paxful subject to change from time to time) to engage in transactions with each other (the “Marketplace”) and the offer of a hosted digital wallet service for purposes of accessing the Marketplace (the “Paxful Account” or “Account”), holding and releasing Digital Assets as instructed upon completion of a purchase of Digital Assets and any other services described in this Agreement (collectively the “Services” and individually, a “Service”) provided by us, to you as an individual (“user” or “you”).

Paxful.com and its related Services are owned and operated by Paxful. Your use of the Services will also be governed by our Privacy Policy and Cookie Policy .

Your conduct on Paxful is subject to the laws, regulations, and rules of any applicable governmental or regulatory authority (the “Applicable Laws and Regulations”) including, but not limited to:

  • Money Service Business (“MSB”) regulations under the Financial Crimes Enforcement Network (“FinCEN”);
  • Laws, regulations, and rules of relevant tax authorities;
  • Applicable regulations and guidance set forth by FinCEN;
  • The Bank Secrecy Act of 1970 (“BSA”);
  • The USA PATRIOT Act of 2001 (“Patriot Act”);
  • AML/CTF provisions as mandated by U.S. federal law and any other rules and regulations regarding AML/CTF;
  • Issuances from the Office of Foreign Assets Control (“OFAC”);

You unequivocally agree and understand that by using Paxful in any capacity, you agree and understand to act in compliance with and be legally bound by this User Agreement as well as the Applicable Laws and Regulations.

UPDATES

We may make changes or updates to this Agreement for legal or regulatory reasons or at our discretion. If you continue to use the Services after these updates, you agree to the updated Agreement. The updated version will supersede all prior versions. We reserve the right to discontinue or make changes to any of the Services. If you have supplied us with an email address, we may also notify you by email that the Agreement has been changed or updated.

IMPORTANT NOTICE REGARDING DIGITAL ASSETS

THE VALUE OF DIGITAL ASSETS CAN GO UP OR DOWN. THERE CAN BE SUBSTANTIAL RISK THAT YOU LOSE MONEY BUYING, SELLING, TRADING OR HOLDING DIGITAL ASSETS. YOU ARE RESPONSIBLE FOR ASSESSING WHETHER DEALING IN DIGITAL ASSETS IS SUITABLE FOR YOU.

THE TREATMENT OF DIGITAL ASSETS VARIES  BY JURISDICTION. THE SERVICES ARE NOT AVAILABLE WHERE PROHIBITED BY LAW OR BY PAXFUL POLICY. DUE TO CHANGING REGULATORY REQUIREMENTS AND INTERPRETATION IN THE DIGITAL ASSET MARKETS, PAXFUL MAY USE ITS SOLE DISCRETION TO REJECT USERS, PROHIBIT USE OF PART OR ALL OF THE SERVICES AND / OR CLOSE, FREEZE OR SUSPECT PAXFUL ACCOUNTS WHERE PAXFUL HAS DETERMINED THAT REGULATORY POLICY PREVENTS THE OFFERING OF THE SERVICES. PAXFUL IS NOT LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM SUCH TEMPORARY OR PERMANENT LOSS OF ACCESS OR USE TO ANY SERVICE.

About Paxful Services

The Paxful Services are: the Paxful Marketplace and the Paxful Account.

Paxful offers a peer-to-peer marketplace which facilitates the purchase and sale of certain select Digital Assets through various payment methods. Payment methods are negotiated and exchanged on a peer-to-peer basis between the buyers in the Marketplace (“Buyers”) and sellers in the Marketplace (“Sellers”). Users agree upon which payment methods to use to complete a transaction and are fully responsible and liable for using such payment methods in a lawful manner.

Paxful offers a hosted digital wallet  (the “Paxful Account” or “Account”) through a digital asset wallet provider. Users are able to post offers to buy or sell Digital Assets through the Marketplace. The creator of the offer is responsible for listing terms of the transaction, including the payment methods the Seller will accept. Once an offer is selected by another Paxful user, the Seller’s Digital Assets are locked as part of our transaction procedures (the “Paxful Escrow” ) until all conditions necessary to consummate the transaction have occurred. The sale is complete and Digital Assets are unlocked and released to the Buyer by the Seller once the Buyer has completed the terms of the transaction and payment has been confirmed valid and received by the Seller.

PAXFUL DOES NOT ACT AS A PAYMENT PROCESSOR. ALL LIABILITY FOR SENDING AND RECEIVING PAYMENT AND CONFIRMING THE VALIDITY OF THE TRANSACTIONS LIE BETWEEN THE BUYER AND SELLER. The locked Digital Assets are released back to the Seller if the Buyer chooses to cancel the transaction. The Seller may not cancel the transaction at any point. The Seller only has the option to unlock the Digital Assets and release it to the Buyer. In the event Seller needs to cancel the transaction due to a Buyer not following the terms of the transaction, the Seller is required to  start a dispute and provide a reason for doing so as further described in Section 9 of this Agreement. Transactions on our Website are conducted between the Buyers and Sellers. Accordingly, Paxful is not a party to any transaction.

The Paxful Account allows for the storing, sending, and receiving  of digital currency. All digital currency transactions occur within the digital currency network, not on Paxful. There are no guarantees that the transaction will process on the digital currency network. Paxful reserves the right to refuse to process any transaction if required by law or if we deem the transactions to be against the terms of this Agreement. You hereby accept and acknowledge that you take full responsibility for all activities that occur in your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law. Use of the Paxful Account to store digital assets may incur recurring fees due to prolonged inactivity, which may be determined at Paxful's discretion.

1. GENERAL

  • 1.1. It is your responsibility to read the Agreement carefully and periodically review this Agreement as posted on the Paxful Website. Your continued use of the Services shall signify your acceptance to be bound by the then-current Agreement.
  • 1.2. Failure or delay by Paxful in enforcing or partially enforcing any provision of the Agreement shall not be construed as a waiver of any of our rights or remedies.

2. ACCOUNT & REGISTRATION

  • 2.1. In order to use the Services, you will need to register an Account through our Website. During the registration process, we will ask you for certain information, including but not limited to, your name, address and other personal information to verify your identity. We may, in our sole and absolute discretion, refuse to maintain an Account for you. You hereby accept and acknowledge that you: (a) are of legal age in your respective jurisdiction to agree to this Agreement; and (b) have not previously been suspended or removed from using our Services.
  • 2.2. By using your Account, you agree and represent that you will use our Services for yourself and you may not use your Account to act as an intermediary or broker for any other third party, person or entity. Unless expressly authorized by Paxful, you are only allowed to have one Account and are not allowed to sell, borrow, share or otherwise make available your Account or any detail necessary to access your Account to people or entities other than yourself. You are solely responsible and liable for maintaining adequate security and control of any and all usernames, email addresses, passwords, two-factor authentication codes or any other codes or credentials that you use to access the Services. Your Account must not contain misleading or fraudulent information. Creating false information for your Account, falsifying your country of origin or providing fraudulent identification documents is strictly prohibited.
  • 2.3. During the registration of your Account, you agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Services, which procedures may be modified as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, social security number, taxpayer identification number, and government identification. In providing us with this or any other information that may be required, you confirm that all of the information is true, accurate and not misleading. You agree to promptly keep us updated if any of the information you provide changes. YOU AUTHORIZE US TO MAKE INQUIRIES, WHETHER DIRECTLY OR THROUGH THIRD PARTIES, THAT WE CONSIDER NECESSARY TO VERIFY YOUR IDENTITY OR PROTECT YOU AND/OR US AGAINST FRAUD OR OTHER FINANCIAL CRIME, AND TO TAKE ACTION WE DEEM NECESSARY BASED ON THE RESULTS OF SUCH INQUIRIES. WHEN WE CARRY OUT THESE INQUIRIES, YOU ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT REFERENCE AND FRAUD PREVENTION OR FINANCIAL CRIME AGENCIES AND THAT THESE AGENCIES MAY RESPOND TO OUR INQUIRIES IN FULL.
  • 2.4. If you are using the Services on behalf of a legal entity such as a corporate entity, you further represent and warrant that: (i) the legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization; and (ii) you are duly authorized by such legal entity to act on its behalf. A corporate-verified Account is specific to that legal entity and can only be used by the person who registered it. Corporate Accounts are not allowed to be shared with or used by other individuals or entities. Corporate Accounts that are verified are allowed the following limited exemptions:
    • 1. An approved corporate Account may have several active user Accounts at any time, provided they are all company-verified and operated by designated employees of the company that have been previously disclosed and approved by Paxful in its sole and absolute discretion;
    • 2. Corporate Accounts may only have one active offer for a specific transaction at any one time and are not allowed to have multiple offers for such specific transaction from their other corporate Accounts.
  • 2.5. You are solely responsible for creating a strong password and maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access our Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Account by third parties and the loss or theft of any Digital Assets and/or funds associated with your Account, including your linked payment methods. You are solely responsible for keeping your email address, telephone number and other contact details up to date in your Account profile in order to receive any notices or alerts that we may send you. You should never allow remote access or share your computer screen with someone else when you are logged on to your Account. We assume no responsibility for any loss that you may sustain due to compromise of Account login credentials due to no fault of Paxful and/or your failure to follow or act on any notices or alerts that we may send to you.
  • 2.6. To use our Services you may need to fulfill certain legal obligations in your country and/or state of residence. By accepting these terms in this Agreement, you confirm that you have reviewed your local laws and regulations and that you are aware of, and fulfill, any and all such obligations. Due to legal or regulatory prohibitions, we do not offer the use of our Services in certain jurisdictions. By accepting the terms in this Agreement, you confirm that you are not a resident or governed by the laws and regulations of those jurisdictions.
  • 2.7. We may not make all of the Services available in all markets and jurisdictions and may restrict or prohibit use of all or a portion of the Services from certain jurisdictions (“Restricted Jurisdictions”). At this time, Restricted Jurisdictions include those that are identified on our “ List of Banned Countries ”.  The Services are also only available in certain regions of the United States. Additionally, the Services are not available with respect to the digital currency, Tether (USDT), to users residing in the State of Texas. You must not attempt to use our Services if you are located in any of those Restricted Jurisdictions. You must not attempt to circumvent any restrictions imposed via the Services, such as by obscuring your IP address or submitting any inaccurate information regarding your location.

3. LEGAL PROCESSES AFFECTING YOUR ACCOUNT

  • 3.1. We have the right to immediately suspend your access to your Paxful   Account. You agree and understand that the Digital Assets held in your Paxful Account may be subject to freezing, forfeiture to, or seizure by a law enforcement agency and/or subject to any similar limitation on its use, may be wholly and permanently unrecoverable and unusable.
    • 3.2. If any legal action such as a  seizure or enforcement action by any competent authority in any jurisdiction is brought against or in connection with your Account, we may refuse to permit withdrawals or transfers from your Account until the legal process is resolved. We will not contest any legal process on your behalf, and we may take actions to comply with the legal process without liability to you, provided that we reasonably believe any such action is appropriate under the circumstances.
    • 4.  BINDING ARBITRATION

    • 4.1.  ARBITRATION  
    • ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEALS ARE LIMITED. You and Paxful agree that any dispute arising out of or relating to this Agreement or the Services, shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association’s rules for arbitration of consumer-related disputes. The arbitrator is bound by these Terms
    • 4.2. CLASS ACTION WAIVER  
    • TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS WILL ONLY BE BROUGHT ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND PAXFUL ARE EACH WAIVING ANY RIGHT TO A TRIAL BY JURY AND YOU ARE WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST PAXFUL.
    • 4.3.   9 U.S.C. §§ 1-16. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies to the arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the State of Delaware, or another mutually agreeable location, in the English language. The arbitrator award will be binding and the arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys’ fees when authorized by law, and the arbitral decision may be entered as a judgment and enforced in any court of law.   The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to entire costs and attorneys’ fees.
    • 4.4. Arbitration Fees
      With respect to any dispute where the amount claimed is $20,000 U.S. or less (or the equivalent amount in a different currency, whether fiat or otherwise), Paxful shall pay all fees paid or payable to AAA, including filing, administration, and arbitrator fees (“ Arbitration Fees ”) for any arbitration commenced between Paxful and you pursuant to provisions of these terms. You are responsible for all costs that you incur in connection with the arbitration other than Arbitration Fees, including without limitation, fees for attorneys or expert witnesses and all other costs. You must reimburse Paxful any Arbitration Fees if (i) Paxful is the prevailing party in the arbitration or (ii) you withdraw the arbitration.
    • 4.5. Initiation of Arbitration Proceeding
      If either you or Paxful  decide to arbitrate a dispute, we agree to the following procedure:
    • 4.5.1. Write a Demand for Arbitration
      The demand must include a description of the dispute and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at https://www.adr.org/Forms?practice=all  (“Demand for Arbitration”).
    • 4.5.2. Send one copy of the Demand for Arbitration and the appropriate filing fee to:

      American Arbitration Association
      Case Filing Services
      1101 Laurel Oak Road, Suite 100
      Voorhees, NJ 08043

      OR
      File online using AAA WebFile at https://www.adr.org

      OR
      File at any of the AAA’s offices.

      Send one copy of the Demand for Arbitration to the other party at the same address as the Dispute Notice, or as otherwise agreed to by the parties
    • 4.5.3. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings.
    • 4.6. Exclusive Venue for Proceedings in Connection with Arbitration.
    • Paxful  and you agree that any proceeding to compel arbitration, confirm an award, or to seek interim or other relief in aid of arbitration, may be filed only in the competent state or federal courts located in the State of Delaware.
    • 4.7. Small Claims Court
      Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state or municipality if the action is within that court’s jurisdiction and is pending only in that court.

      5. PRIVACY POLICY & SECURITY

      • 5.1. We endeavor to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data you disclose online. You accept the inherent security risks of providing information and dealing online over the Internet and will not hold us responsible for any breach of security unless this is due to our negligence.
      • 5.2. Please view our official privacy statement: https://paxful.com/privacy .

      6. NO WARRANTY, LIMITATION OF LIABILITY & ASSUMPTION OF RISK

      • 6.1. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAXFUL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. PAXFUL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE, ANY PART OF THE SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE. PAXFUL IS NOT LIABLE FOR ANY DISRUPTION OR LOSS A USER MAY SUFFER. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF THE SERVICES AND WEBSITE. WITHOUT LIMITING THE FOREGOING, YOU HEREBY ACKNOWLEDGE AND ACCEPT THE VARIOUS RISKS INHERENT TO USING DIGITAL CURRENCY INCLUDING BUT NOT LIMITED TO HARDWARE FAILURE, SOFTWARE ISSUES, INTERNET CONNECTION FAILURE, MALICIOUS SOFTWARE, THIRD PARTY INTERFERENCE LEADING TO LOSS OR LACK OF ACCESS TO THE MARKETPLACE AND OR YOUR ACCOUNT AND OTHER USER DATA, SERVER FAILURE OR DATA LOSS. YOU ACCEPT AND ACKNOWLEDGE THAT PAXFUL WILL NOT BE RESPONSIBLE FOR ANY COMMUNICATION FAILURES, DISRUPTIONS, ERRORS, DISTORTIONS OR DELAYS YOU MAY EXPERIENCE WHEN USING THE SERVICES, HOWEVER CAUSED.
      • 6.2. IN NO EVENT SHALL PAXFUL, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVISORS, CONSULTANTS OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF TOTAL FEES PAID BY YOU FOR THE SERVICE THAT IS SUBJECT OF THE CAUSE OF ACTION IN THE TWELVE (12) MONTHS PRIOR TO THE LOSS ARISING OR (B) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITE OR THE SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PAXFUL HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF PAXFUL’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
      • 6.3. We do not own or control the underlying software protocols which govern the operation of Digital Assets. Generally, the underlying protocols are open source, and anyone can use, copy, modify, and distribute them. We assume no responsibility for the operation of the underlying protocols and we are not able to guarantee the functionality or security of network operations. In particular, the underlying protocols may be subject to sudden changes in operating rules (including “forks”). Any such material operating changes may materially affect the availability, value, functionality, and/or the name of such digital currency. Paxful does not control the timing and features of these material operating changes. It is your responsibility to make yourself aware of upcoming operating changes and you must carefully consider publicly available information and information that may be provided by Paxful in determining whether to continue to use the Services.
      • 6.4. In the event of any such operational change, Paxful reserves the right to take such steps as may be necessary to protect the security and safe operation of its platform, including temporarily suspending operations for the involved digital currency(ies), and other necessary steps. Paxful will use its reasonable efforts to provide you notice of its response to any material operating change; however, such changes are outside of our control and may occur without notice to Paxful. Our response to any material operating change is subject to our sole discretion and includes deciding not to support any new fork or other actions. You acknowledge and accept the risks of operating changes to Digital Assets’ protocols and agree that Paxful is not responsible for such operating changes and not liable for any loss of value you may experience as a result of such changes in operating rules. You acknowledge and accept that Paxful has sole discretion to determine its response to any operating change and that we have no responsibility to assist you with unsupported currencies or protocols.
      • 6.5. For the avoidance of doubt, Paxful does not provide investment, tax, or legal advice. Paxful is not registered with the U.S. Securities and Exchange Commission and does not offer securities services or investment advice. All transactions through our Marketplace are conducted on a peer-to-peer basis between the Seller and Buyer and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation. From time to time, we may provide educational information about our platform and products, in order to assist users in learning more about our Services. Information may include, but is not limited to, blog posts, articles, links to 3rd party content, news feeds, tutorials, and videos. The information provided on the Website or any third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the Websites content as such. Before making the decision to buy, sell or hold any Digital Assets, you should conduct your own due diligence and consult your financial advisors before making any investment decision. Paxful will not be held responsible for the decisions you make to buy, sell, or hold Digital Assets based on the information provided by Paxful.
      • 6.6. You agree that we are not liable for any price fluctuations in Digital Assets. In the event of market disruption or a Force Majeure event (as described in Section 17), we may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services. We will not be liable for any losses suffered by you resulting from such actions. Following any such event, when Services resume, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
      • 6.7. We make no warranty that the Website, or the server that makes it available, are free of viruses or errors, that its content is accurate, that it will be uninterrupted, or that defects will be corrected. We will not be responsible or liable to you for any loss of any kind, from action taken, or taken in reliance on material, or information, contained on the Website.

      7. RELEASE OF PAXFUL & INDEMNITY

      • 7.1. If you have a dispute with one or more users of our Services, you release Paxful, its affiliates and service providers, and each of its or their respective officers, directors, employees, agents and representatives, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. You agree to indemnify and hold Paxful, its affiliates and each of its or their respective officers, directors, employees, agents and representatives, harmless from any claim or demand (including attorneys’ fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.

      8. TRANSACTIONS ON PAXFUL’S MARKETPLACE

      • The Website allows users to solicit offers to buy or sell Digital Assets.
        When a user initiates a transaction for the purchase or sale of Digital Assets, the transaction is consummated pursuant to this Agreement and to the additional terms, if any, detailed by the user or the user’s counterparty. A step-by-step guide on buying and selling Digital Assets on the Paxful Marketplace can be found at
        https://support.paxful.com/support/solutions/150000191612 . The following general terms apply to each transaction described below:
      • 8.1. Buying Digital Assets via soliciting an offer.
      • When purchasing Digital Assets on the Paxful Marketplace:
      • 1. There are no fees for Paxful Escrow as part of a transaction that are payable by Buyers on our Marketplace.
      • 2. Offers from Paxful counterparties have their own terms and conditions and each offer will vary in exchange rate, speed of exchange, and other terms and conditions imposed by a Seller. By accepting a Seller’s offer you agree to be bound by the terms and conditions of that offer. The terms and conditions specified by the Seller are valid in all cases except when they contradict or violate this Agreement, are illegal, are unreasonable or otherwise difficult to comply with (as determined in Paxful’s sole and absolute discretion), or if both users of the transaction consent to alter the terms and conditions of such offer. IT IS YOUR RESPONSIBILITY TO CAREFULLY READ THE SELLER’S OFFER TERMS AND CONDITIONS AND FOLLOW THEM EXACTLY. IF YOU DO NOT FOLLOW THE OFFER TERMS AND CONDITIONS, YOUR PAYMENT WILL NOT BE ACCEPTED. NEVER SUBMIT PAYMENT UNLESS YOU HAVE FOLLOWED ALL TERMS AND CONDITIONS LISTED IN THE OFFER. IF YOU SUBMIT PAYMENT WITHOUT FOLLOWING THE TERMS AND CONDITIONS, PAXFUL CANNOT ASSIST YOU IN A DISPUTE PROCESS TO RECOVER YOUR PAYMENT.
      • 8.2. Payment verification and providing instruction to unlock Digital Assets from Paxful Escrow are the sole obligations of the Seller and not that of Paxful. If the Seller does not release the Digital Assets to you upon proper completion of the Seller’s terms and conditions, promptly report the issue via the designated dispute button within the particular transaction chat. Paxful support will review and settle the dispute. This dispute resolution process is further described below in “Section 8 - Disputing Transactions Via Paxful’s Dispute Resolution Process.” If you do not follow this dispute resolution process, Paxful will be unable to assist you with this matter.
      • 8.3 Selling Digital Assets
        When selling Digital Assets on the Paxful Marketplace:
      • 1. Sellers must verify and process the payment in a reasonable amount of time, and within a certain amount of time as specified in the offer terms. Once the Buyer has submitted payment to you in accordance with the offer terms, it is your sole duty and responsibility to promptly verify and process the payment and then unlock the Digital Assets from Paxful Escrow and release it to the Buyer. If you do not follow the instructions on the offer, you may not be entitled to a return of your locked Digital Assets.
      • 2. As a Seller you accept all risks and liabilities for any violation of this Agreement incurred through the sale of Digital Assets. All taxes to be paid are your responsibility. Paxful charges a fee to you as the Seller of Digital Assets for locking Digital Assets in Paxful Escrow subject to a sale. Unless determined otherwise in Paxful’s sole and absolute discretion, Paxful shall not reimburse any losses to the Seller whether due to a violation of this Agreement, fraud or otherwise and our fee will not be refunded under any circumstances.
      • 3. Any payment received should be fully processed and confirmed as received by you before unlocking the Digital Assets from Paxful Escrow. Paxful is not responsible for your loss if you prematurely unlock Digital Assets before payment has been properly verified and received by you. You must be attentive and responsive to your Buyer. You should deactivate any inactive offers.
      • 4. Any advertisement of your own website in any section of Paxful’s Marketplace (such as your bio, offer terms or transaction chat) that would facilitate buying or selling Digital Assets outside of Paxful’s Services is strictly prohibited. In limited instances, it is permissible to share your website that is created solely for the Seller to receive payment in order to complete the transaction (i.e. trusted third party debit/credit card processing) in the transaction instructions; provided that the use of such external websites are made clear in the offer terms and such websites may not contain any other advertisements or your contact information.
      • 8.5 Compliance

      • 1. Paxful and the Services are not affiliated or associated with, nor endorsed or sponsored by any third party, including but not limited to any gift card issuer. Designated trademarks, brands, and other identifiers are solely the property of their respective owners. Paxful and its Services are not endorsed, sponsored, associated or affiliated in any way by or with such owners.
      • 2. Paxful is not a licensed gift card vendor or authorized dealer of any gift card issuer. Any gift cards you receive directly from a user using the Paxful Marketplace are subject to the terms and conditions of the third-party merchant with whom it is redeemable (“Issuer”). Paxful is not responsible for the acts or omissions of any Issuer(s), or any fees, expiration dates, penalties or terms and conditions associated with the Issuer’s gift card received using the Paxful Marketplace. By receiving the gift card from a user, you acknowledge that you have read the gift card’s terms and conditions, and represent to Paxful that you are eligible to use such gift cards under the gift card Issuer’s terms and conditions, or under applicable law.
      • 3. BROKERING OR RESELLING OF GIFT CARDS IS STRICTLY PROHIBITED ON OUR WEBSITE AND MARKETPLACE. YOU MUST BE THE RIGHTFUL OWNER OF THE GIFT CARD AND AT PAXFUL’S REQUEST YOU AGREE TO PROVIDE PAXFUL WITH VALID PROOF OF OWNERSHIP OF YOUR GIFT CARD (SUCH AS A RECEIPT). PAXFUL MAKES NO CLAIM, REPRESENTATION OR GUARANTEE THAT ANY THIRD-PARTY PAYMENT METHODS ON THE WEBSITE PERMIT TRANSACTIONS VIA PAXFUL’S SERVICE, OR THAT ANY THIRD-PARTY PAYMENT METHODS ON OUR WEBSITE SUPPORT OR ARE SUPPORTED BY OUR SERVICES. YOU SHOULD NOT USE SUCH THIRD-PARTY PAYMENT METHODS WITH PAXFUL IF SUCH THIRD-PARTY DOES NOT PERMIT IT. YOU ARE WHOLLY RESPONSIBLE TO COMPLY WITH ALL LAWS AND REGULATIONS FOR THE JURISDICTION(S) IN WHICH YOUR TRANSACTION TAKES PLACE.
      • 4. All transactions must take place within Paxful. Taking transactions outside the Paxful platform or exchanging external contact details are strictly prohibited.
      • 8.6. Transfer Limitations. We may, in our sole discretion, impose limitations or restrictions on the size, type, or manner of any proposed transfer transactions, such as a limit on the total amount of Digital Assets that may be posted for sale.
      • 8.7. No Guarantee. Paxful does not guarantee that you will be able to sell Digital Assets on its Marketplace. The act of buying or selling Digital Assets via Paxful’s Marketplace does not guarantee that you will be able to buy or sell Digital Assets via the Marketplace at a later time.
      • 8.8. Relationship. Nothing in this Agreement is intended to nor shall create any partnership, joint venture, agency, consultancy or trusteeship, you and Paxful being with respect to one another independent contractors.
      • 8.9. Accuracy of Information. You represent and warrant that any information you provide via the Services is accurate and complete. You accept and acknowledge that Paxful is not responsible for any errors or omissions that you make in connection with any transaction initiated via the Services, for instance, if you mistype a Wallet address or otherwise provide incorrect information. We strongly encourage you to review your transaction details carefully before completing them via the Services.
      • 8.10. No Cancellations or Modifications; Account Activities. Once transaction details have been submitted to the digital currency network via the Services, Paxful cannot assist you with canceling or otherwise modifying your transaction. Paxful has no control over any digital currency network and does not have the ability to facilitate any cancellation or modification requests. Paxful does not store or custody any locked Digital Assets. Digital Assets are always recorded on their respective networks or blockchains. All digital currency transactions occur within the digital currency network, not on Paxful. There are no guarantees that the transaction will process on the digital currency network. Paxful reserves the right to refuse to process any transaction if required by law or if we deem the transactions to be in violation of this AgreementYou hereby accept and acknowledge that you take full responsibility for all activities that occur under your Account and accept all risks of any authorized or unauthorized access to your Account, to the maximum extent permitted by law.
      • 8.11. Taxes
        It is your responsibility to determine what, if any, taxes apply to the transactions for which you have submitted transaction details via the Services, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. You agree that Paxful is not responsible for determining whether taxes apply to your digital currency transactions or for collecting, reporting, withholding or remitting any taxes arising from any digital currency transactions.
      • 8.12. User Reputation
        When you engage in a Transaction, we allow other users to provide feedback on their interaction with you. We also permit users to file reports if the users believe you have violated this Agreement in any way. These reports are confidential, but we may use them in connection with a dispute as described in Section 8.
      • 8.13.Transaction History
        You may view your transaction history through your Account. You agree that the failure of the Services to provide such confirmation shall not prejudice or invalidate the terms of such transaction.
      • 8.14. Paxful Pay
        Paxful has authorized certain merchants to accept Paxful as a payment method for purchases of goods and services online (the “Authorized Merchants”). You may pay an Authorized Merchant by selecting the “Paxful Pay” option at check-out or at the time of payment. Paxful Pay will direct you to our Marketplace to access the Digital Assets available in your Account or connect you to a Seller. If you purchase Digital Assets from a Seller to complete the transaction, the terms set forth in Section 7.1 of this Agreement will apply.
      • 8.15. Merchant Goods
        Paxful is not responsible for any goods or services that you may purchase from an Authorized Merchant using your Account or the Paxful Pay product. If you have a dispute with any Authorized Merchant, you should resolve the dispute directly with that Authorized Merchant.
      • 8.16. Returns and Refunds
        When you purchase a good or service from a third party using your Account, it is final. We do not process refunds or returns. An Authorized Merchant may offer you a return, store credit or a gift card in its sole discretion and in accordance with its policies.
      • 8.17. Paxful Fees
        Paxful charges fees for Services, applicable fees will be displayed prior to you using any Service to which a fee applies. Our fees are subject to change and Paxful reserves the right to adjust its pricing and fees and at any time for any of its Services and or use of the Paxful Account.
      • 8.18. Account Maintenance Fee
        Paxful Account holders which have not completed a transaction with Paxful in the last twelve (12) months, shall incur a monthly charge of 0.5% or 1 USD, whichever is greater, of the Paxful Account value (the "Account Maintenance Fee"). Inactivity is defined as failure to make a single transaction on the Paxful Marketplace or Paxful Account (“Inactivity”). The Account Maintenance Fee shall not apply to the following Paxful Account users: users who have restricted accounts as defined by Paxful policy and users who are undergoing additional verification as defined by Paxful policy. Paxful reserves the right to to update the Account Maintenance Fee from time to time. If you continue using the Paxful Account, you agree to the Account Maintenance Fee in the event of Inactivity.
      • 8.19. Banned Accounts
        Paxful Account holders who have Accounts that are banned and have received notice of such ban ( “Banned Account”) shall only have the capability to transfer their full Digital Asset balance to an external Digital Asset wallet. Banned Account holders shall receive notice of Banned Account status and will be directed to transfer their full cryptocurrency balance to an external Digital Asset wallet. A Paxful Account holder who has had a Banned Account for a period of over ninety (90) days and continues to hold Digital Assets in their Banned Account shall incur a fee of one percent of the total Digital Asset balance or one US dollar - whichever is greatest - on the first day of every month (the “Banned Account Maintenance Fee”). The Banned Account Maintenance Fee shall apply to Digital Assets held in a Banned Account - regardless of the date when the Digital Assets were deposited into the Banned Account. If you do not withdraw your Digital Asset balance to an external Digital Asset wallet within ninety (90) days of receiving notice of Banned Account status, you agree to the Banned Account Maintenance Fee.

      9. DISPUTING TRANSACTIONS VIA PAXFUL’S DISPUTE RESOLUTION PROCESS

      • 9.1. Disputing Transactions
        In most cases, the easiest way to settle a dispute is for Buyers and Sellers to communicate, work together to figure out what happened, and come to an agreeable solution. When a Buyer and a Seller cannot come to an agreeable solution, Paxful’s support team (“Paxful Support”) can help. Either party can initiate the dispute resolution process (“disputed transaction” or “dispute”) with respect to a transaction. Disputes can only be initiated on transactions that are marked as fully paid by the Buyer. Transactions that are not marked as fully paid by the Buyer, canceled by the Buyer, automatically canceled due to expiration of the timeframe set forth in the offer, already disputed and resolved or where the Seller has released the Digital Assets to the Buyer generally cannot be disputed, reversed, or altered.
      • 9.2. Dispute Resolution Process
        Below are the steps Paxful Support takes in the event of a dispute.
      • Initiation:
        You can initiate a dispute by logging into the Paxful website, opening the transaction you would like to dispute and selecting the “dispute” button. The “dispute” button will only appear active if the transaction has been marked as fully paid by the Buyer. Once you initiate a dispute, you will select the type of dispute from the options presented and describe the issue giving rise to your dispute.
        The options presented for describing your dispute if you are a Seller are as follows:
      • 1. Coinlocker (i.e. an unresponsive Buyer) – the Buyer has marked the transaction as fully paid, but is unresponsive and inactive.
      • 2. Payment issue – the Buyer is active and has attempted to pay, but there are issues with the payment.
      • Other – an open option where you can describe what issue gave rise to the dispute. The Buyer will be able to view your description.
      • The options presented for describing your dispute if you are a Buyer are as follows:
      • Unresponsive vendor – you have paid, but the Seller is unresponsive and inactive.
      • Payment issue – you have made the payment, but the Seller claims there are issues with the payment and refuses to release the Digital Assets.
      • Other – an open option where you can describe what issue gave rise to the dispute. The Seller will be able to view your description.
      • Notification
        Once a dispute has been submitted, Paxful Support will provide the other party with notification by email and by sending a message through the transaction chat feature available to Buyers and Sellers in the Marketplace alerting such party  that a dispute has been initiated. If one of your transactions is being disputed, Paxful Support will tell you which transaction is being disputed and why the transaction is being disputed.
      • Response
        Review the dispute and provide Paxful Support with an explanation of what happened. Include any evidence you have to support your explanation, such as proof of payment, proof of ownership or proof that you have or have not received payment.
      • Paxful Review
        Disputed transactions will be investigated by Paxful Support and a decision will be made based upon evidence provided by both parties. Paxful Support resolves disputes by evaluating various factors as described below in Section 8.
      • 9.3. Dispute a review
        During a dispute review, Paxful Support may give you instructions that you are required to follow. The instructions given to you may require you to provide additional evidence, such as additional ID verification, proof of payment, any photo, audio, or video evidence, or any other documents deemed relevant by Paxful and may require you to provide such evidence within a specified timeframe. Failure to follow the instructions may lead to the dispute being resolved against you. Paxful Support will typically provide notice of its decision via the transaction chat feature in the Marketplace within 30 days of receiving the dispute, but under some circumstances, it may take longer.
      • 9.4. Unresponsiveness.
        When you are involved in a transaction, it is important that you remain active and available from the time the transaction is started to the time that the transaction is completed, canceled, or resolved. This means that you must be able to provide a response to a request by Paxful Support in a disputed transaction within the time specified by Paxful Support or you may be deemed as unresponsive and the dispute may be resolved against you.
      • 9.5. Chargebacks
        A party may face additional risks depending on the payment method used for the transaction even if Paxful’s dispute resolution process finds in favor of such party. The dispute resolution process set forth in this Agreement is separate from any remedies a Buyer or Seller may have through the payment method used in connection with a transaction. Paxful is not obligated to initiate or handle chargebacks and is not liable if a party reverses, charges back, or otherwise disputes a transaction via an avenue made available to the party through the payment method used in the transaction, including after a dispute is closed.
      • 9.6. Dispute Resolution
         A disputed transaction is most commonly resolved by Paxful Support moving the Digital Assets subject to the dispute to the Buyer or the Seller of the disputed transaction once the dispute resolution process is complete.
      • Below are selected situations to provide you with insight as to how Paxful may resolve a disputed transaction. This is not meant to be an exhaustive list. The resolution of any dispute will be impacted by the specific facts of the dispute and evidence provided by the users.
      • Paxful Support may resolve a dispute in the Buyer’s favor when at least one of the following criteria are met:
      • 1. The Buyer has made payment according to the initial instructions provided by the Seller pursuant to the transaction offer and the Buyer has provided sufficient proof that the payment was made according to these instructions. It is a violation of this Agreement for a Seller to refuse to complete a transaction once the Buyer has satisfied all of the Seller’s terms and conditions as posted at the time the Buyer accepted and paid for the transaction.
      • 2. The Seller has become unresponsive and has not provided a sufficient response within the timeframe requested by Paxful Support.
      • 3. The payment is made to a third party to the transaction or the payment is made to a payment account not registered in the name of the Seller.

      • Paxful Support may resolve a dispute in the Seller’s favor when one of the following criteria are met:
      • 1. The Buyer has not provided payment, not provided payment in full or not provided payment according to the initial instructions provided by the Seller pursuant to the transaction offer.
      • 2. The payment made by the Buyer has been held, suspended, frozen or stopped by the payment provider or processor. This includes situations in which the Buyer has charged back or disputed a payment via its bank or payment card issuer.
      • 3. The Buyer has become unresponsive and has not provided a sufficient response within the timeframe requested Paxful Support.
      • 4. The payment is made by a third party to the transaction or the payment is made from a payment account not registered in the name of the Buyer.
      • If the Buyer or the Seller of a disputed transaction provides fraudulent information or fraudulent documents or makes false claims or otherwise uses deceptive tactics, the dispute may be immediately resolved against such user and such user’s account may be immediately suspended or terminated at the sole discretion of Paxful Support.
      • In some situations where neither party fulfills the criteria, or it is in other ways unclear or not possible to determine which party has fulfilled the dispute resolution criteria in Paxful’s sole and absolute discretion, Paxful may decide to resolve the dispute by splitting the Digital Assets subject to the dispute between the Buyer and the Seller evenly or unevenly.
      • 9.7. Appeal
        If you believe Paxful has resolved a dispute in a way which is not in accordance with this Agreement, you have a right to request an appeal. To request an appeal, you need to promptly notify us in writing by contacting Paxful customer support no later than 10 calendar days after notice of Paxful Support’s decision is delivered to you and provide us with sufficient details and evidence supporting your case for request. Your appeal should specifically identify how you believe Paxful incorrectly resolved the dispute as per the terms of this Agreement and provide evidence of such incorrect decision.
      • Please be reminded that whether during the dispute process or generally any time when using our Services, you are obligated to keep a civil tone and be respectful to other users and Paxful Support.
      • 9.8. Finality
        You acknowledge and agree that Paxful’s decision regarding a dispute is conclusive, final and binding as described in this Agreement. Paxful will have no liability to either a Buyer or a Seller in connection with its decisions.

      10. FEES FOR USING PAXFUL SERVICES

      • Creating a Wallet is free. Paxful charges fees for Services, applicable fees will be displayed prior to you using any Service to which a fee applies. Our fees are subject to change and Paxful reserves the right to adjust its pricing and fees and at any time.

      11. NO RIGHT TO CANCEL SERVICES OR MINERS FEES

      • If you use a Service to which a charge applies, or you initiate a transaction with a miners fee via the Services, you will not be eligible for a refund or reimbursement once you have confirmed that you wish to proceed with the Service or transaction.

      12. DISCONTINUANCE OF SERVICES

      • We may, in our sole discretion and without cost to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.

      13. SUSPENSION OR TERMINATION OF SERVICES & ACCOUNT; LIMITING ACCESS TO YOUR ACCOUNT

      • 13.1. We may in our sole and absolute discretion, immediately and without prior notice: (a) suspend, restrict, or terminate your access to any or all of the Services (including limiting access to your Account), and/or (b) deactivate or cancel your Account if: (i) we are so required by applicable law, a facially valid subpoena, court order, or binding order of a government authority; (ii) we reasonably suspect you have or may act in violation of this Agreement; (iii) use of your Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; (iv) our service partners are unable to support your use; (v) you take any action that we deem as circumventing our controls and procedures or (vi) we think it is necessary to do so to protect us, our users, including you, or our employees from danger or loss. If we exercise our rights to limit or refuse your access to the Services, we will not be responsible for any consequences of our refusal to give you access to the Services, including any delay, damage or inconvenience you may suffer as a result.
      • 13.2. If we suspend or close your account, terminate your use of the Services for any reason, or limit access to your Account, we will attempt to provide you with notice of our actions unless a court order or other legal process prohibits us from providing you with such notice. YOU ACKNOWLEDGE THAT OUR DECISION TO TAKE CERTAIN ACTIONS, INCLUDING LIMITING ACCESS TO, SUSPENDING, OR CLOSING YOUR ACCOUNT, MAY BE BASED ON CONFIDENTIAL CRITERIA THAT ARE ESSENTIAL TO OUR RISK MANAGEMENT AND SECURITY PROTOCOLS. YOU AGREE THAT PAXFUL IS UNDER NO OBLIGATION TO DISCLOSE THE DETAILS OF ITS RISK MANAGEMENT AND SECURITY PROCEDURES TO YOU. In the event that we suspend your Account or access to your Wallet, we will remove the suspension as soon as possible once the reasons for the suspension no longer exist, however we are under no obligation to notify you as to when (if ever) such suspension will be removed.
      • 13.3. If you are holding Digital Assets in your Paxful Account and there has been no activity in your account for a period of time prescribed by applicable law, we may be required to report such remaining Digital Assets in your account as unclaimed property in accordance with abandoned property and escheat laws. If this occurs, we will use reasonable efforts to provide written notice to you. If you fail to respond to any such notice within seven (7) business days of receipt, or as otherwise required by law, we may be required to deliver any such Digital Assets to the applicable jurisdiction as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed Digital Assets as permitted by applicable law.
      • 13.4. We reserve the right to reverse internally received Digital Assets to your Paxful Account back to the originating account if the owner of the originating account successfully demonstrates that the Digital Assets were transferred to your Paxful Account in error.

      14. PROHIBITED USE

      • When accessing or using the Services, you agree that you will use the Services in accordance with the terms and conditions in this Agreement (including the Privacy Policy) and not commit any unlawful act, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
      • 14.1. Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner;
      • 14.2. Engage in any activity which could violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where we conduct business or operations, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information;
      • 14.3. Interfere with another user’s access to or use of any of our Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of other users; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from our Website about other users;
      • 14.4. Engage in any activity which operates to defraud, defame or otherwise cause any damage to Paxful or our users; or provide any false, inaccurate, deceptive or misleading information to Paxful or to another user in connection with our Services or as otherwise provided or requested pursuant to this Agreement;
      • 14.5. Introduce to the Services any virus, Trojan, worms, logic bombs or other harmful material; use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data; attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access; or placement anywhere within Paxful’s Marketplace of any advertisement or promotion that would facilitate buying or selling Digital Assets outside of Paxful’s Services;
      • 14.6. Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, or other licensed materials without the appropriate authorization from the rights holder; use of Paxful intellectual property, name, or logo, including use of Paxful’s trade or service marks, without prior written consent from us or in a manner that otherwise harms Paxful or the Paxful brand; any action that implies an untrue endorsement by or affiliation with Paxful; or develop any third-party applications that interact with our Services without our prior written consent; or
      • 14.7. Encourage any third party to engage in any of the activities prohibited under this Section 13.

      15. THIRD PARTY SERVICES

      • 15.1. Third Party Services
        During your use of the Services, you may use products or services of one or more third parties (“Third Party Services” ). Your access or use of Third Party Services is at your own election. Your reliance on any use of Third Party Services in connection with the Services is governed on one hand by this Agreement but, on the other, will also  be subject to separate terms and conditions set forth by the applicable third party service provider. Those terms and conditions may involve separate fees and charges or may include disclaimers or risk warnings about reliance on or the accuracy of any information. Such terms may also apply a privacy policy different from that which Paxful maintains and incorporates into this Agreement. It is your responsibility to understand the terms and conditions of Third Party Services, including how those service providers use any of your information under their privacy policies.
      • 15.2. OnRamp.Money
        You may elect to access OnRamp.Money’s Third Party Services. For OnRamp.Money's Global Terms of Service and Privacy Policy, please visit this page.
      • 15.3 Transactions Conducted by Third Parties
        If you elect to engage in any other transaction using Third Party Services, including those services provided by OnRamp via the Site, any transaction that you engage in will be conducted solely through such Third Party Services and the relevant blockchain network(s). Also, we will have no control over these purchases or transactions, nor do we have the ability to reverse any transactions or fees (including, but not limited to, transaction fees or “gas” fees imposed by relevant blockchain network(s)). Accordingly, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any purchases or transactions that you engage in through these Third Party Services.

      16. INTELLECTUAL PROPERTY RIGHTS

      • 16.1. We grant you a limited, nonexclusive, non transferable license, subject to the terms and conditions in this Agreement, to access and use the Services, Website, and related content, materials, information (collectively, the “Content”) solely for purposes approved by Paxful from time to time. Any other use of the Website or Content is expressly prohibited and all other right, title, and interest in the Services, Website or Content is exclusively the property of Paxful. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without the prior written consent of Paxful. You may not copy, imitate or use any of Paxful’s trademarks, registered marks, logos or any of its intellectual property without Paxful’s prior written consent.
      • 16.2. Although we intend to provide accurate and timely information on the Paxful Website, our Website (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and Services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Paxful Website are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties is for informational purposes only and Paxful makes no representations or warranties to its accuracy. Links to third-party materials (including without limitation, websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or Services contained in any third-party materials or on any third-party sites accessible or linked to the Paxful Website.

      17. FEEDBACK AND USER SUBMISSIONS

      • Paxful is always seeking to improve its Services and the Website. If you have ideas or suggestions regarding improvements or additions to Paxful’s Services or the Website, Paxful would like to hear them; however, any submission will be subject to the terms and conditions in this Agreement.
      • Under no circumstances will any disclosure of any idea or feedback, or any related material to Paxful or any of its subsidiaries, parents or affiliated companies, or any of their officers, directors, managers, members, shareholders, employees and agents, or any of their heirs, successors, representatives and assigns (each a “Paxful Party” and collectively, the “Paxful Parties”) be subject to any obligation of confidentiality or expectation of compensation.
      • By submitting an idea or feedback or any related material that would be subject to intellectual property rights (the “Work”) to Paxful or any Paxful Party, you grant to Paxful, in respect of the Work submitted, a non-exclusive, perpetual, worldwide royalty free license to use all of the content of such ideas and feedback, for any purpose whatsoever. Further, you are waiving any moral rights to the fullest extent permitted under United States law that you may have in the Work and are representing and warranting to such Paxful Party that the Work are wholly original with you, that no one else has any rights in the Work and that all Paxful Parties are free of any royalty to implement the Work and to use the related material if so desired, as provided or as modified by any Paxful Party, without obtaining permission or license from any third party.
      • You further accept that Paxful may sub-license any of the Paxful Parties to use in any way any Work and material you have submitted.
      • We have the right to remove any posting you may make to the Website, in our absolute discretion, without warning or reasons.

      18. HOW TO CONTACT US

      • We recommend you visit our FAQ page  before contacting us. In the event the FAQ page does not contain the information you are looking for, Paxful offers 24/7 support. You may contact us through our support widget located on the FAQ page.

      19. FORCE MAJEURE

      • We shall not be liable for delays, failure in performance or interruption of Service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, significant market volatility, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining Provisions.

      20. JURISDICTION

      • This Agreement and your use of the Website and Services shall be governed by and construed in accordance with the State of Delaware, without regard to principles of conflict of laws.

      21. SEVERABILITY

      • If any part of this Agreement is held by any arbitrator or court of the United States to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected. Any headings contained in this Agreement are for informational purposes only and are not enforceable provisions of this Agreement.

      22. NATURE OF AGREEMENT

      • This Agreement constitutes the entire agreement between you and Paxful with respect to the subject matter of the terms and conditions in this Agreement and this Agreement cancels and supersedes any prior understandings and agreements between you and Paxful as to that subject matter. You may not assign any of your rights or obligations under this Agreement without our prior written consent.