Terms of Use

NFTIPAY

TERMS OF SERVICE

Last updated: [August 7, 2026]

Please read these Terms of Service (“Agreement”) carefully, as they constitute the binding agreement between you and NFTipay Brazil Ltda., if you are a Brazilian user, or a Liberpay affiliate, as applicable (“Liberpay”, “we”, “our” or “us” and derivative terms). This Agreement applies to your use (“User”, “Users”, “you”, “your” and derivative terms) of our mobile-enabled website, hosted at https://www.liberpay.com (“Site”), its subdomains, the platform we provide through the Site, and any related services, applications, APIs (“Technology”), and related social networking pages. The Site, the Technology, and all other products or services provided by Liberpay that link to these Terms of Service will be collectively referred to as our “Services”).

BY ACCESSING, CREATING AN ACCOUNT, UPLOADING INFORMATION, OR USING THE SERVICES IN ANY OTHER WAY, YOU AGREE AND REPRESENT THAT: (I) YOU ARE BOUND BY THIS AGREEMENT, AS WELL AS THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND OUR PRIVACY POLICY, AVAILABLE AT: PRIVACY POLICY (II) IS AT LEAST 18 YEARS OF AGE (or the legal age of majority in the place where you reside, if the legislation of the place in question requires a higher age); AND (III) ACCEPTS THIS AGREEMENT.

IF YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SERVICES.

THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE, WHICH: (I) REQUIRES YOU AND LIBERPAY TO RESOLVE CERTAIN ISSUES THROUGH BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT; AND (II) LIMITS CLASS ACTIONS, WHICH DO NOT APPLY IF YOU ARE A BRAZILIAN USER.

Contract Amendments

We may change, modify, add to, or remove portions of this Agreement (individually an “Update”) at any time and at our sole discretion, without prior notice, and such Updates will take effect immediately. If we make Updates to this Agreement, we will change the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the updated Agreement. We recommend that you frequently review this Agreement to ensure that you understand the most recent terms and conditions related to your use of the Services. If you do not agree to the updated Agreement, you must discontinue your use of the Services.

Contracted Entity

Liberpay may offer different Services, products, features, or functionalities through different affiliates depending on applicable law, regulatory requirements, licensing considerations, operational needs, and/or geographic availability. Accordingly, certain Services may be provided by, or subject to additional terms with, a Liberpay affiliate other than the entity with which you initially contracted.

Liberpay reserves the right to designate, replace, or add a Liberpay affiliate as the provider of all or any portion of the Services and to adopt jurisdiction-specific, product-specific, or Service-specific terms, disclosures, policies, or agreements (collectively, “Supplemental Terms”). Any applicable Supplemental Terms will be made available to you and incorporated into this Agreement by reference. In the event of a conflict between this Agreement and any applicable Supplemental Terms, the Supplemental Terms will prevail solely with respect to the applicable jurisdiction, product, feature, or Service.

You represent and warrant that the information you provide regarding your jurisdiction, residence, place of establishment, and location is accurate, complete, and current, and you agree to promptly update such information if it changes. Liberpay may take any measures it reasonably deems necessary to verify such information and to ensure compliance with applicable laws, regulations, licensing requirements, and internal policies.

Geographic Availability

Nothing in this Agreement obligates Liberpay or any of its affiliates to make any Service available in any particular jurisdiction. Liberpay may restrict, modify, suspend, or discontinue the availability of any Service in any jurisdiction at any time, subject to applicable law.

Privacy Policy

Please refer to our Privacy Policy to understand how we collect, use, and disclose your data in the context of your use of our Services, as well as how third parties collect, use, and share your data. The terms and conditions of our Privacy Policy are an integral part of this Agreement.

As outlined in this Agreement, we work with third-party service providers to enable access from your Liberpay Account to your bank/payment account, and your digital wallet. Therefore, third-party service providers may have access to your personal data.

The list of third parties with whom we work is provided in List of Third Parties Service Providers.You should also read third parties service providers’ privacy policy.

Eligibility

The Services are available only to individuals 18 years of age or older (or the legal age of majority where you reside, if the law of the place in question requires a higher age). If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you hereby represent that you have the authority to bind such entity and its affiliates, in which case the terms “you” or “your” and derived terms will also encompass such entity and its affiliates. You further agree that you assume all responsibility and obligations in relation to the use of the Services on behalf of that company, organization, or other legal entity, and will be solely responsible for all disputes, if any, that arise due to the use of the Services on behalf of that company, organization, or other legal entity.

We may, at our sole discretion, refuse to offer the Services to any person or entity and change the eligibility criteria for using the Services at any time.

Third-Party Providers, Off-Platform Transactions Disclaimer

Certain features of the Services may enable access to, integration with, or use of services, applications, wallets, payments and/or financial institutions, blockchain protocols, exchanges, infrastructure providers, and other third-party service providers listed in the List of Third Parties Service Providers (collectively, “Third-Party Services”). Such Third-Party Services are operated independently of Liberpay.

Liberpay shall have no responsibility or liability for any transaction, transfer, deposit, withdrawal, payment, receipt, transmission, custody activity, asset movement, or other activity occurring outside the Payment Gateway (defined below), including any activity conducted through or involving any Third-Party Service.

Terms of Access and Use

Payment Gateway License: The use of the NFTipay Payment Gateway (“Payment Gateway”) is made available by Liberpay as open source to Users of the Services, under the terms of the Payment Gateway License, available at: https://liberpay.com/licenca-de-gateway-de-pagamento/

Bridge Apps: Liberpay’s fiat on/off-ramp infrastructure (the “FIAT Bridge”) enables certain fiat payment and on/off-ramp services, which are made available through independent third-party service providers technology (each, a “Bridge App”) and are subject to the terms, conditions, privacy notices, and other policies established by such providers. By accessing or using any Bridge App, you acknowledge that your use of such Bridge App is subject to separate agreements with the applicable third-party provider.

Blockchain Interoperability: Certain blockchain interoperability, wallet, authentication, transaction routing, and related infrastructure services made available through the Services are provided by independent third-party service providers and are subject to the terms, conditions, privacy notices, and other policies established by such providers. By accessing or using such services through Liberpay’s Technology, you acknowledge that your use may be subject to separate agreements with the applicable third-party providers.

Non-Custodial Digital Wallet: If you use a Dynamic non-custodial digital wallet made available through your Liberpay Account, Liberpay may, in its sole discretion, elect to pay or subsidize some or all fees/tariffs/costs associated with such wallet. Any such subsidy is voluntary and may be modified or discontinued at any time. Liberpay reserves the right to introduce fees/tariffs/costs for the digital wallet, or to modify any existing fee/tariff/cost structure, upon at least thirty (30) days' prior notice to you. Any such changes will take effect on the date specified in the applicable notice and will be implemented in accordance with this Agreement and applicable law.

Site, Technology, and Other Services: Subject to compliance with this Agreement and all applicable laws, Liberpay grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site, Technology, and content made available by Liberpay, as well as any related services, applications, and APIs, solely for the permitted purposes. Such access and use must comply with the terms and conditions of this Agreement and any additional written agreement entered into by Liberpay that establishes specific conditions applicable to your relationship with the company and/or the use of its products and services (the “Additional Terms”). These Additional Terms include, without limitation: (i) our Privacy Policy, available at: Privacy Policy, (ii) the List of Prohibited Items, available in the List of Prohibited Items section below, and (iii) all applicable rules of third-party providers listed in the List of Third Parties Service Providers, all of which are incorporated into this Agreement by reference. In the event of a conflict between the terms of this Agreement and any Additional Terms, the Additional Terms shall prevail.

Your continued use of the Services constitutes your acceptance of any and all rules established by any third-party provider that participates in or contributes to the provision of the Services (as listed in the List of Third Parties Service Providers), as such rules may be amended from time to time.

Liberpay Registration and Accounts

You must create and register an account to access our Technology and initiate transactions (“Transactions”) with other Users through that account. The Technology is only available to Users who have registered, completed our identity verification procedures (if applicable, as described below), and have been assigned accounts and credentials. You may not use another person's account at any time and may not allow others to use your account to access the Services.

We offer different types of accounts, depending on how you will use the Services (“Liberpay Account”):

1. Buyer Accounts: Accounts intended for Users who receive and/or will receive invoices, through the Services, relating to goods and services from third parties.
2. Seller Accounts: Accounts intended for Users who use the Services to issue invoices related to the sale of goods and services.

A User may have only one Liberpay Account per individual identity and digital wallet address, which may be an approved Buyer Account, an approved Seller Account, or both; provided that Liberpay may offer the User the possibility of creating multiple Seller Accounts for different companies and stores under a single identity. It is not permitted to open another Liberpay Account with the same identity and a different wallet address.

You can close your Liberpay Account and your relationship with us free of charge. However, you will remain responsible for all obligations associated with the Liberpay Account, even after its closure. Immediate closure will not be possible in situations such as when there is an ongoing investigation, pending transactions, open disputes or claims, or amounts owed to Liberpay or third parties.

Identity Verification Procedures

Before you can use the Services to conduct Transactions, we will attempt to verify your identity based on certain information we collect, including biometric data extracted from your photo ID and selfies, as described in more detail in our Privacy Policy. If you use features of the Services that enable the exchange of fiat currencies through Bridge Apps, you will need to comply with all identity verification procedures required by the third-party operators of those Bridge Apps, as well as comply with any reasonable requests from Liberpay for information and cooperation during the verification process.

By completing our identity verification process, you authorize us, directly and/or through third parties, to make any inquiries we deem necessary to verify your identity and eligibility to use the Services. This may include, but is not limited to:

• Request information that will allow us to identify you;
• Confirm that you are the owner of the email address, phone number, and/or payment method;
• Conduct additional background checks in accordance with our policies (for example, to confirm that potential users are not included in the current U.S. Government Sanctioned Persons or Entities Registry (OFAC Registry) or other government registry of prohibited persons or entities); and
• Request additional identification documents.

We may request that you complete or repeat additional identity and/or transaction verification procedures at any time, at our discretion. We reserve the right to refuse to create your account or, after its creation, to terminate, suspend, or limit access to your Liberpay Account and/or Services if we are unable to obtain the information necessary to verify your identity or the legitimacy of a certain transaction.

The identity verification performed by Liberpay is not intended to provide a complete guarantee or analysis of the identity, integrity, or reliability of any User to use the Service. It is important to note that Liberpay does not perform identity verification of parties using only the Bridge Apps made available through the Services. Each User, and not Liberpay, is responsible for conducting their own due diligence regarding the other parties involved in the Transactions. Liberpay is not liable to you or third parties for verifying or screening the parties with whom you choose to transact through the Services and/or for verifying or screening the legitimacy of the Transaction.

Linking your Digital Wallet

Please note that Liberpay does not control access to your digital wallet and will never ask you to share your private keys or your wallet seed (a confidential code consisting of a sequence of words - usually 12, 18 or 24 - that acts as an access key to your wallet).

Users can link their digital wallet to the Payment Gateway to enable the Services to support Transactions involving the use of digital currencies, electronic money, and virtual assets for payments and invoice issuance. Liberpay uses Third-Party Services to link the User's digital wallet to the Payment Gateway and obtain wallet information and cryptographic signature (“Wallet Data”). By using the Services, you (i) grant Liberpay and its service provider the right, authority, and permission to act on your behalf, accessing and transmitting your Wallet Data in connection with Transactions through the Services, (ii) agree that Wallet Data will be transferred, stored, and processed by Liberpay and its service providers in accordance with their policies, and (iii) consent to the fact that your digital wallet address and the value of the digital currency exchanged in connection with a Transaction carried out through the Services are publicly available information on the blockchain used for the Transaction.

By using the Services, you represent that you comply with all applicable laws and regulations, payment method rules, and binding third-party agreements—especially the ones listed in the List of Third Parties Service Providers, including Stripe Connected Account Agreement, which governs your digital wallet.

You acknowledge that Liberpay is a technology platform used exclusively for sharing payment and transfer information and does not engage in any activities that require authorization from the Central Bank of Brazil, including, without limitation, currency exchange, custody of funds or virtual assets, participation in payment or transfer settlement flows, credit granting, among other.

FIAT Bridge and Bridge Apps                                    

Users can also link their Liberpay Account to any Bridge App integrated with our Services to facilitate invoicing and payments for fiat currency Transactions through the FIAT Bridge. The FIAT Bridge allows Seller Accounts to accept any type of fiat currency payment from Buyer Accounts using Liberpay applications for invoicing, point-of-sale (POS) payments, and other features. Credit analysis and loan granting are not services provided by Liberpay.

By using the FIAT Bridge, you: (i) grant Liberpay the right, authority, and permission to act on your behalf to access, integrate, and process information from any Bridge App account you use in a Transaction; (ii) agree that your Transactions made through the FIAT Bridge are subject to the terms, conditions, and policies, including, without limitation, the privacy policies established by third-party operators responsible for the Bridge Apps supported by the Services; (iii) accept and agree to all fees charged by any Bridge Apps as a result of your Transactions using the FIAT Bridge; and (iv) acknowledge that Liberpay will not participate in the payment flow made through the Services, acting exclusively as a provider of technological services.

The fact that the Services allow the use of a Bridge App in connection with a Transaction does not constitute an endorsement, authorization, or representation of our affiliation with the third-party operator responsible for the Bridge App. We do not exercise control over Bridge Apps, and Bridge Apps may place their own cookies or other files on your computer, collect data, or solicit personal information from you. We recommend that you read the terms and conditions, privacy policies, and other instruments that bind you to the Bridge Apps, as provided in the List of Third Parties Service Providers.

Transactions

• Sellers. Sellers can issue invoices and receive payments for the sale of goods and services only through a Seller Account. If you refund a Transaction to a Buyer Account, no fee will be charged for making the refund; however, any fees charged by Liberpay for the provision of the Services (“Fees”), including Third-Party Services fees and network charges (gas fees) originally paid in connection with the Transaction will not be refunded.

• Buyers. Buyers can use the Services to make payments when receiving invoices and completing Transactions with a Seller Account that uses our Services to accept fiat, electronic, digital currencies and/or virtual assets as payment for the purchase of goods and services.

• Peer-to-peer Transactions. If the invoice issued by the Seller is a transfer of resources intended for an individual and does not constitute a sale of goods or the provision of services, such Transaction shall be effected exclusively through the Peer‑to‑Peer application and shall be subject to all fees, charges, and other terms and conditions applicable to transactions of that nature.

• Business Transactions. If the invoice issued by the Seller is intended for a natural or legal person and the underlying Transaction constitutes the sale of goods or the provision of services, such Transaction shall be effected exclusively through the Business application and shall be subject to all fees, charges, and other terms and conditions applicable to transactions of that nature.

• Token Issuance Services (Minting). When a transaction involving digital currency, electronic money, and/or virtual assets is completed, a non-fungible token (“NFT”) will be issued through the Services to each User involved in the transaction (“Token Issuance Services”).

• NFT Records. An NFT record created by the Token Issuance Services provides access to data that proves the purchase and sale of goods or services in a single Transaction between a buyer and a seller. Each party involved in the Transaction receives a separate NFT, and that party is the sole owner of the NFT assigned to it. It is possible that an asset transferred in a Transaction may subsequently be resold, licensed, and/or otherwise encumbered or transferred by one of the parties, with or without the use of our Services. In any of these cases, the original NFT record relating to the initial Transaction will not include information about these subsequent activities related to the asset. Users acknowledge and accept that NFT records generated by the Services for Buyers and Sellers (i) DO NOT CONSTITUTE EVIDENCE OF TRANSFER OR PROOF OF OWNERSHIP OF THE GOODS AND SERVICES TRANSFERRED IN A TRANSACTION, and (ii) DO NOT GRANT OWNERSHIP RIGHTS TO THE GOODS AND SERVICES TRANSFERRED IN A TRANSACTION AND THAT APPLICABLE LAW GOVERNS SUCH OWNERSHIP RIGHTS, NFT RECORDS ONLY PROVIDE DATA ABOUT THE TRANSACTION THAT OCCURRED BETWEEN A BUYER AND A SELLER THROUGH THE SERVICES IN RELATION TO THOSE GOODS AND SERVICES . At their sole discretion, the parties to a Transaction are solely responsible for obtaining, each at their own risk, proof of ownership or title to an asset transferred in a transaction conducted through the Services.

• Transaction Authentication Service. Upon payment of the applicable Fees, you may request that Liberpay verify the NFT records and the respective data generated by the Services in relation to a Transaction. Please also be aware that the blockchains used for the Services will maintain publicly available data for all Transactions involving digital currencies.

• Network Fees related to Token Issuance Services. Network fees related to Token Issuance Services are initially paid by Liberpay and subsequently passed on to the Users involved in the corresponding Transaction. However, Liberpay may, at its discretion, postpone the execution of Token Issuance Services if there is suspicion of fraud or other misconduct related to a pending Transaction, in the event of an open dispute or complaint, or if the network fees are excessively high, at Liberpay's reasonable discretion.

• Custody of virtual assets. Liberpay is not responsible for the custody, purchase and/or sale of virtual assets.

• Payments Between Users. Payments for the sale of goods or services made through the Payment Gateway are made directly between Users, through their digital wallets, which cannot be accessed by Liberpay. When using the FIAT Bridge, payments for the sale of goods or services are made between Users and processed through their accounts on the Bridge Apps, which Liberpay also does not have access to. Sellers must maintain supporting documentation for each Transaction, and Liberpay may request such information to investigate any disputes. However, any dispute between Users related to a Transaction will be resolved between the Users involved, and Liberpay will not have any obligation or responsibility in relation to these disputes.

• Transaction Monitoring. Liberpay may, at its discretion, analyze Transactions made through your Liberpay Account. If we identify indications of high risk in a Transaction, we reserve the right to temporarily suspend the Services. In this case, we will notify the Seller Account to postpone the delivery of the goods and/or services involved. For the Buyer Account, this may result in a delay in receiving the purchased item. If the Transaction is approved and, where applicable, a corresponding invoice is issued, we will notify the Seller Account to proceed with the delivery. If the Transaction is not approved, it will be canceled and we will send instructions to the Seller Account for the return of the funds, unless we are legally obligated to take other action.

Our right to monitor transactions does not exempt you from your sole obligation to verify Transaction information, such as the Seller's wallet address, before sending a payment using QR codes, payment links, or any other payment method generated by the Payment Gateway.

• Network Fees and Digital Currency and Virtual Asset Fluctuations. Both parties acknowledge that (i) network fees, not controlled by Liberpay, will be charged in connection with the use of blockchain technology through which a Transaction involving digital currency and/or virtual assets takes place, and (ii) the value of virtual assets may fluctuate, which may affect the price and network fees applicable to a Transaction while it is being processed and executed. In case of delay in the request and payment process, the price and network fees relating to goods and services from a Seller may vary and be adjusted at the time of payment, according to the prevailing virtual asset rates and network fees at the time the Transaction is finalized.

• Currency Fluctuations and Conversion Rates. The Services are compatible with all fiat currencies, in addition to digital currencies, allowing a Seller Account to price goods and services in a designated fiat currency and have the flexibility to accept payments or issue invoices in that same currency or in other fiat currencies (unless prohibited by applicable law). For example, a Seller Account may set the US dollar as the reference currency and accept payments for goods and services (or issue invoices to a Buyer Account) in US dollars, other foreign fiat currencies, or digital currencies. Users acknowledge that: (i) the value of fiat currencies may fluctuate, and these fluctuations may affect the exchange rates applicable to a Transaction at the time of its processing and execution; (ii) fees will be charged for conversions between different fiat currencies, as well as for conversions from fiat currency to digital currency; (iii) Liberpay is not authorized to operate in the foreign exchange or virtual asset market and therefore does not carry out foreign currency or virtual asset purchase and sale transactions. Exchange rates and conversion fees are calculated at the time of Transaction completion and may be influenced by factors such as the chosen payment method, the currencies involved, the transaction volume, market conditions, jurisdiction, among others. Liberpay is not responsible for variations in exchange rates, conversion fees and/or other charges associated with your Transaction before its completion. Please note that fees may vary between similar transactions. By completing a Transaction, you agree to pay all exchange rates, conversion fees and/or other charges applicable to that Transaction.
• Invoice Indexation and Reimbursement in Brazil. If you are a party (Buyer or Seller) to a monetary obligation enforceable in Brazilian territory, you also acknowledge that Liberpay: (a) offers a technological service for issuing invoices, which are indexed in Reais, even if eventually represented in other currencies or goods (transfer instead of payment); (b) will not participate in the payment flow carried out through the Service; and (c) in case of reimbursement, Sellers must use the same payment method adopted in the original purchase, with the reimbursed amount being equivalent to the value of the goods quoted in Reais at the time of purchase and stated on the invoice.

• Refund. Transactions will be subject to the refund policies made available by the User in their Seller Account, as well as any agreements entered into between the parties involved. When purchasing a product or service through a Seller Account using the Services, and if the Seller refunds such Transaction, the digital currency, electronic currency, or virtual asset will be refunded to the digital wallet from which it originated. If you receive a payment through the Seller Account and that payment is subsequently refunded or invalidated for any reason, the Seller Account will be responsible for refunding the original Transaction amount, plus any applicable network fees.

• Liberpay Refund. Fees may be eligible for refund under certain conditions. If the Seller purchases a fixed number of Transactions (“Package”) and later requests a refund for the unused portion of the Package, Liberpay may refund an amount proportional to the number of invoices not issued as of the refund request date. The refund amount will correspond to the amount actually paid by the Seller for the unused invoices, less: (i) taxes levied on Liberpay’s revenue that have already been collected or are due as a result of the Package purchase; and (ii) any other applicable charges, fees, or mandatory costs in accordance with current legislation. Amounts related to invoices already issued by the Seller are non-refundable, as are taxes and charges incurred by Liberpay due to the contracting and partial execution of the Package.

Your Responsibilities

Users must act responsibly and respectfully in all Transactions, observing Liberpay's policies, applicable agreements, and current legislation. Sellers are obligated to deliver the goods or services purchased to buyers, as agreed upon by the parties at the time the Transaction is completed. Unless expressly stated otherwise in writing, all assets must be transferred to buyers free and clear of any liens or encumbrances.

You are responsible for all activities performed on your Liberpay Account related to the use of the Services, regardless of whether such activities were authorized by you or performed by you, your employees, or third parties (including contractors, agents, or other end users). Liberpay and its affiliates are not responsible for unauthorized access to the Services or your account, including those resulting from fraud, phishing, or other criminal activities perpetrated against you by third parties. You must ensure that your use of the Services complies with applicable law.

You are solely responsible for configuring and using the Services properly and for taking the necessary measures to protect, safeguard, and back up your devices, digital wallet, and Bridge App accounts to provide adequate security and protection. If you cannot be responsible for the security of your account or do not wish to assume this responsibility, you should not use the Services. You must keep all passwords or recovery phrases related to the use of the Services secure.

Use of Transactional Data and User Information

If you receive information about other Users of the Services, you must keep it confidential and use it exclusively in the context of the Transactions you participate in. You must not disclose or share this information with third parties or use it for marketing purposes, except with the express consent of the respective User. Sending unsolicited emails to other Users or facilitating the sending of such messages by third parties is also prohibited.

Rates 

The Fees are detailed in our Fee Schedule, available at https://liberpay.com/taxas/.

These fees may be changed from time to time at our discretion, with prior notice. Users pay in advance for identity verification (when applicable) and for the use of the Services, which cover Packages, in addition to blockchain network fees and other charges applicable to the Transaction.

Liberpay does not deduct any digital currency, electronic currency, or virtual asset exchanged between Users during a Transaction.

Prepaid Fees include non-refundable amounts, such as network fees and identity verification fees required for Seller and Buyer Accounts using digital currencies. Other prepaid amounts, as indicated in the Fee Schedule, may be refunded to the User upon closure of the Liberpay Account and upon request for reimbursement/refund of unused Transactions hired on the Package. Any and all taxes levied on Liberpay’s revenue that have already been collected or become due as a result of the Package purchase, as well as any and all charges, fees and mandatory costs in accordance with current legislation incurred by Liberpay related to the return of these funds, including network fees, payment network fees, will be deducted from any refund.

If you have any outstanding fees or amounts with Liberpay, we may (i) suspend or discontinue the provision of Services; (ii) impose limitations or take other measures on your Liberpay Account; and (iii) take collection measures to recover amounts owed.

Taxes

Each party shall be responsible for identifying and paying all sales tax, usage tax, VAT, and any other government taxes and fees (including penalties, interest, and other charges) applicable to payments made under this Agreement, as provided for in applicable law. The Fees payable by you do not include taxes, unless otherwise indicated. We reserve the right to withhold taxes where necessary.

It is your responsibility to determine which taxes, if any, apply to Transactions you make or receive using the Services, including Transactions through your Payment Gateway or Bridge Apps. It is your sole responsibility to calculate, collect, declare, and remit the correct taxes to the appropriate authorities.

For clarity, if you are subject to capital gains (or losses) arising from the appreciation or depreciation of digital currencies used in Transactions, you are solely responsible for paying any taxes on those capital gains and/or declaring capital losses, as applicable to your Transactions.

Service Modification

Liberpay may, at any time and for any reason, modify, update, or discontinue the Services, or any part thereof, with or without prior notice. We may add or remove features, including, without limitation, converting free services into paid services and vice versa. Liberpay shall not be liable to you or any third party for any modification, suspension, or termination of the Services as permitted herein.

We will notify you in advance of any relevant changes, although you understand that we may discontinue, suspend, or modify our Services at any time without prior notice. You may terminate this Agreement at any time simply by ceasing to use our Services.

Code of Conduct

Your use of the Services, as permitted by this Agreement, is subject to compliance with the following code of conduct guidelines (“Code of Conduct”), which provides, among other actions, that you must not:

• Do not conduct any transactions involving any of the items on our List of Prohibited Items (available in the List of Prohibited Items section below);
• When selling goods or services through the Services, do not engage in any resale, licensing, and/or encumbrance of any asset after the Transaction is completed;
• Copying, reproducing, distributing, transmitting, republishing, posting, publicly performing or displaying the Services or any information or content available therein without the prior written consent of Liberpay is prohibited.
• Modify, translate, adapt, combine, create derivative works, disassemble, decompile, frame, recompile, or reverse engineer any part of the Services;
• Use the Services to create a similar or competing service or application;
• Remove or destroy any copyright notices or other proprietary trademarks contained in any part of the Services;
• Using any scraping, data mining, robots, or similar methods to collect or extract data from the Services, including collecting personal data;
• To create or compile, directly or indirectly, any collection, compilation, database, or directory from the Services;
• Disrupting the operation of Services or overloading our technological infrastructure in an unreasonable or disproportionate manner, for example, through denial-of-service attacks, excessive volume of information traffic (flooding) or sending unwanted messages (spamming);
• Transmitting “junk mail”, “chain letters” or “spam” or any other similar solicitation;
• Interfering with, compromising the integrity or security of the system, or decrypting any transmissions between servers operating the Services.
• To investigate, verify, or test the vulnerability of our system or network, or to attempt to breach security or authentication measures;
• Uploading invalid data, viruses, worms, keyloggers, spyware, Trojan horses, time bombs, malicious or harmful code, or other harmful elements through the Services;
• Using the Services for purposes other than those for which they were intended; and
• Accessing or using the Services illegally or for illegal or illegitimate purposes.

You will be solely responsible for ensuring compliance with all laws, rules, and regulations that apply to you when using the Services. By accepting this Code of Conduct, you agree to follow it and not to allow or facilitate others to engage in conduct that violates it. Use of the Services in violation of this Code of Conduct is prohibited and may result in the suspension of your Liberpay Account, the application of restrictions, the interruption of access to the Services, or the termination of your right to use them, in addition to potentially leading to legal action and liability for any damages.

If we close your Liberpay Account or terminate your access to the Services for any reason, you will be notified of this decision and will continue to have access to any unrestricted digital currency that has been sent to you and remains in your Payment Gateway. You will be responsible for all refunds, chargebacks, claims, fees, network charges, fines, penalties, and other obligations that may be imposed on us, other Users, or third parties due to your use of the Services or any violation of this Agreement.

List of Prohibited Items

As outlined in the Code of Conduct and in accordance with the Content Guidelines (provided below), you must not publish or conduct any Transactions involving the following items:

• Firearms;
• Blades or similar weapons;
• Gunpowder or explosive material;
• Narcotics, toxic substances, and any type of illegal drug;
• Cigarettes and other tobacco products;
• Counterfeit or adulterated products, as well as copies or replicas of third-party products and products that violate the property rights of any person;
• Active devices, electrostimulation devices, and products for use in physical education, beautification, and aesthetic correction that are not duly registered and approved by the National Health Surveillance Agency (ANVISA) and other regulatory bodies;
• Products intended for telecommunications that are not duly authorized by the National Telecommunications Agency (ANATEL);
• Parts or fluids of the human body;
• Any animal species, animal parts, or products made from the skins of wild animals;
• Stolen or smuggled goods;
• Products that induce or incite dangerous, risky, or harmful practices to health and mental well-being;
• Products that may include any bugs, logic bombs, viruses, worms, trap doors, Trojan horses, or other code, material, or properties that are malicious or technologically harmful;
• Fraudulent, counterfeit, misleading or deceptive products, including "trolling";
• Products related to prostitution or similar activities;
• Products containing pornographic or obscene material, illegal or violent content, or content that offends the honor and dignity of others, as well as those that may give rise to civil or criminal liability under local or international law;
• Products that promote, advertise, or incite violence, terrorism, or actions that threaten any person or entity;
• Products that promote the practice of crimes and/or discrimination or prejudice based on race, sex, religion, gender, sexual orientation, nationality, social or economic status, intellectual capacity, political-ideological conviction or any other form of distinction;
• Products that are ambiguous, imprecise, and/or in any way misleading about their purpose or about the consumer's intentions or objectives.

Liberpay Content

Except for Third-Party Content, Open Source Components, and User Content (each as defined below), all information and materials contained in the Services, including, without limitation, text, graphics, HTML, look and feel, images, illustrations, designs, photographs, audio, video, white papers, press releases, names, product names or descriptions, icons, fonts, software (both source code and object code), format, queries, algorithms, and written materials and other materials and information (collectively, “Liberpay Content”), as well as their selection and arrangement, and all intellectual property and other rights relating to Liberpay Content, between you and Liberpay, are the exclusive property of Liberpay, and nothing in this Agreement is intended to result in the assignment of such Liberpay Content and its related rights to you. You will not delete or alter any copyright, trademark, or other proprietary rights notices from Liberpay Content.

Third-Party Content

The Services may contain proprietary information and materials licensed to or provided to Liberpay by third parties for the provision of the Services by Liberpay and/or other commercial purposes (collectively, “Third-Party Content”). Third-Party Content is copyrighted work of its owner, who expressly reserves all right, title, or interest in and to the Third-Party Content, including, without limitation, all intellectual property rights contained therein and related thereto. Nothing in this Agreement is intended to assign the Third-Party Content and its related rights to you.

Open Source Components

With respect to any open source or third-party code that may be incorporated into the Services (“Open Source Components”), such Open Source Components are covered by the applicable open source or third-party license that authorizes the use of such code, including the terms available here. Nothing in this Agreement limits your rights to, or grants you rights that override, the terms and conditions of any applicable end-user license for such Open Source Components.

User Content

Certain features of the Services may allow you to post, submit, disclose, display, share, store, or manage images, text, product descriptions, ideas, opinions, recommendations, and other information, which may include your name, trade name, and other trademarks (if applicable), photos, and videos (collectively, “User Content”). All User Content must comply with this Agreement, including, without limitation, the Content Guidelines set forth below. You agree that Liberpay may use and display any User Content you voluntarily provide in connection with the operation of the Services, including (if applicable) publicly displaying your User Content on our Services, subject to the terms of our Privacy Policy. User Content must comply with all applicable federal, state, local, and international laws and regulations. LIBERPAY does not endorse any User Content submitted through the Services, and LIBERPAY has no responsibility or liability with respect to any User Content submitted through the Services or for any results caused by the use of such User Content.

Any User Content is published and made available on our Services in a non-confidential and non-proprietary manner. By providing User Content, you grant Liberpay and our service providers, and each of their and our respective licensees, successors and assigns, a worldwide, unrestricted, royalty-free, irrevocable, transferable and sublicensable right to (a) publish, publicly display and perform, modify, edit, alter and otherwise use the User Content, in whole or in part, without further consent, review, participation or compensation to you, for any purpose throughout the world (including commercial and promotional) in any media or format now existing or hereafter created, including, without limitation, printed or recorded material, websites and social media platforms; and (b) use your name, comments and other information about you in connection with the User Content. You represent and warrant that (x) you own or control all rights to the User Content and have the right to grant the license granted above; and (y) all of your User Content is and will comply with this Agreement. We reserve the right to use, not use, or discontinue the use of any User Content at our sole discretion, at any time, subject to the terms of our Privacy Policy.

Content Guidelines

You must comply with the following guidelines regarding all User Content provided to Liberpay (our “Content Guidelines”). User Content must not:

• Contain any material that is false, misleading, defamatory, obscene, indecent, abusive, offensive, threatening, harassing, hateful, inflammatory, invasive of privacy, or otherwise objectionable;
• Containing any information or content that we consider offensive to any individual or group based on religion, gender, sexual orientation, race, ethnicity, age, or disability, or that is otherwise objectionable;
• Exploiting, harming, or attempting to exploit or harm minors in any way, by exposing them to inappropriate content, soliciting personally identifiable information, or otherwise;
• To create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself or anyone else;
• To create a risk of any loss or damage to property;
• To create or compile, directly or indirectly, any collection, compilation, database, or directory from the Services;
• Impersonating someone or misrepresenting one's identity or affiliation with any person or organization;
• Include advertisements, promotional materials, or solicitations related to any product or service;
• Violating any law (including, without limitation, laws relating to patents, trademarks, trade secrets, copyrights, or other rights) or encouraging or instructing another person to do so;
• To contain any medical advice or give the impression that it contains medical advice; or
• To give the impression of endorsement by Liberpay or any other person or entity, if this is not the case.

You will not upload any User Content that (i) includes trade secrets or intellectual property of third parties unless you have permission or a valid license from the owner to use it in the specific manner in which you have used it, (ii) infringes any other person’s intellectual property, right of privacy, or right of publicity, (iii) violates the legal rights (including rights of publicity and privacy) of third parties or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that may otherwise conflict with this Agreement and our Privacy Policy.

Any use of the Services in violation of the Content Guidelines is prohibited and may result in the suspension of your account, or the cancellation of your right to use the Services, the removal of your User Content, and possibly expose you to legal action and damages.

Copyright / DMCA Policy

Liberpay respects the intellectual property of others and requests that our Users do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse to copyright holders who believe that materials published on the Internet infringe their rights under United States copyright law. If properly notified, as described below, that any material published on or through the Services infringes the copyrights of others, Liberpay will investigate such claim and take appropriate action under the DMCA or equivalent laws applicable in other jurisdictions. We will take such action as we deem appropriate, at our sole discretion, including removing the copyrighted material, contacting the respective User, and/or terminating access for any User deemed by us to be a repeat infringer. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.

It is highly unlikely that we will become aware of any potential infringements of your rights unless you inform us. If you believe, in good faith, that your work has been copied in a way that constitutes copyright infringement, please send us written notification (see contact information for our designated copyright agent below) containing the following information:

• Your name, address, phone number, and email address;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material you claim is infringing can be found on the Services, sufficient for Liberpay to locate the material (e.g., the URL);
• A statement that you believe, in good faith, that the use of the copyrighted work has not been authorized by the copyright owner, its agent, or the law;
• A statement from you that the information contained in your notification is accurate and that you are the copyright holder or authorized to act on behalf of the copyright holder; and
• Your electronic or physical signature.

If you believe, in good faith, that someone has improperly filed a copyright infringement notice against you, you may submit a counter-notification to Liberpay. You may send notices of alleged infringement or any counter-notification by email, with the subject line “Copyright Notices”, to suporte@liberpay.com or by mail to the address below.

NFTipay

3 Howard Munroe Pl.

Lexington, MA 02420

ATTN: DESIGNATED COPYRIGHT AGENT

Liberpay may disclose any communications relating to DMCA or other applicable copyright notices or other intellectual property claims to third parties, including users who posted the allegedly infringing material. Liberpay reserves all rights to seek damages and fees associated with infringement and/or fraud.

Social Media

When we make certain social media features available through Facebook, X, Instagram, or other social networking sites, you may perform the actions permitted by those features. Please be aware that activities on our social networking sites, or facilitated by or through our social networking sites, are subject to the terms and conditions of the applicable social networking site(s). Any information or content provided to social networking sites may be processed and used by the applicable social networking sites in accordance with their policies and any agreements with Liberpay.

Links to Other Sites

Our Services may contain links to other websites. The fact that we link to a website does not mean that we endorse, authorize, or represent our affiliation with that third party. We do not exercise control over third-party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit your personal information. Other websites follow different rules regarding the use or disclosure of personal information that you submit to them. We recommend that you read the privacy policies and terms of use of other websites that you visit.

Property

Liberpay and/or its licensors own all right, title, and interest, including all related intellectual property rights, in the Services, Liberpay Content, and Third-Party Content, excluding Open Source Components (which are subject to applicable open source licenses). This Agreement is not a sale and does not grant you any ownership rights in or relating to the Services, Liberpay Content, and/or Third-Party Content. Liberpay reserves all rights not expressly granted in this Agreement.

All trademarks, service marks, logos, slogans, and taglines displayed on or through the Services are the property of Liberpay and its licensors or their respective owners, and nothing contained herein shall be construed as granting any license or right to use any trademarks, service marks, logos, slogans, or taglines displayed on or through the Services without the express written permission of Liberpay or any third party that may own the trademark, service mark, logo, slogan, or tagline.

Rewards Programs

Liberpay may occasionally offer additional reward programs or promotional giveaways that involve third-party events, brands, or content subject to specific licensing restrictions. Due to these restrictions, Liberpay may be unable to publish the rules, terms, or details of such promotions on this website or through public advertising channels. In these cases, the complete rules and conditions of the promotion will be sent directly by email to eligible Liberpay Users who have set up at least one Payment Gateway and have provided a valid email address. Participation in such promotions will only occur upon the participant’s receipt of the full terms and conditions by email and their express acceptance of those terms.

For reward programs that are not subject to these restrictions, details are available at https://liberpay.com/programa-de-rewards/, as may be updated from time to time and subject to the terms of this Agreement.

Your Feedback

We welcome feedback , comments, and suggestions to improve the Services (“Feedback”). We may request your Feedback regarding your use of the Services, and you can always send Feedback by email to suporte@liberpay.com.

You grant us a non-exclusive, irrevocable, worldwide, royalty-free, fully paid-up right and license to use any Feedback you provide to us in connection with the Services, and we may use, disclose, reproduce, license, distribute and exploit the Feedback in any manner, without obligation or restriction of any kind by reason of intellectual property rights or otherwise. Liberpay will treat any Feedback you provide to us as non-confidential and non-proprietary.

Communications Regarding Services

By providing your mobile phone number and/or email address, or by sending an email directly to Liberpay, you acknowledge that Liberpay may contact you via the mobile phone number you provided or electronically regarding administrative, security, and other matters related to the use of the Services.

Liberpay may also contact you through available channels regarding marketing and promotions. If you do not wish to receive this type of communication, you can unsubscribe by following the instructions included in each communication.

You agree that any notices, agreements, disclosures, or other communications that Liberpay sends to you electronically will comply with any legal communication requirements, including that such communications be in writing. The foregoing does not affect your statutory rights.

Lack of Trust

Any reliance you place on the Services, Liberpay Content, and/or Third-Party Content is strictly at your own risk. We disclaim all liability arising from any reliance placed on these materials by you or any person who may be informed of or exposed to these materials.

LIBERPAY DOES NOT INTEND TO PROVIDE ANY LEGAL, TAX, FINANCIAL, OR INVESTMENT ADVICE THROUGH THE SERVICES. LIBERPAY RECOMMENDS THAT YOU CONSULT AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING ANY FINANCIAL DECISIONS.

All statements and/or opinions expressed in Third-Party Content are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Liberpay. We are not liable to you or any third party for the content or accuracy of any materials provided by third parties, including content related to Third Parties Services.

General Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE HAVE NO CONTROL OVER THE PRODUCTS OR SERVICES PROVIDED BY SELLER ACCOUNTS, AND WE CANNOT GUARANTEE THAT A USER YOU ARE DEALING WITH WILL ACTUALLY COMPLETE THE TRANSACTION OR IS AUTHORIZED TO DO SO. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO ANY PART OF THE SERVICES, AND THE OPERATION OF OUR SERVICES (INCLUDING ANY NETWORKS AND SERVERS USED TO PROVIDE ANY OF THE SERVICES) PERFORMED BY US OR ON OUR BEHALF MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND OUR CONTROL.

We will make reasonable efforts to ensure that Transactions are processed and NFTs are issued in a timely manner, but we make no representation or warranty as to the time required to complete processing or token issuance, as the services depend on many factors beyond our control, such as network congestion in the blockchain system. Some states do not allow the disclaimer of liability for implied warranties, so the above disclaimers may not apply.

LIBERPAY MAKES NO REPRESENTATIONS, WARRANTIES, OR PROMISES, EXPRESS OR IMPLIED, AS TO THE ACCURACY, SUITABILITY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY LIBERPAY CONTENT, NOR DOES LIBERPAY REPRESENT, WARRANT, OR ASSURE THAT LIBERPAY CONTENT OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER HARMFUL CODE OR PROGRAMS DESIGNED TO INTERCEPT OR ACQUIRE DATA.

LIBERPAY DOES NOT OWN, CONTROL, MANAGE, OR ASSUME RESPONSIBILITY FOR THE AVAILABILITY, PERFORMANCE, SECURITY, LEGALITY, ACTS, OMISSIONS, OR OPERATION OF ANY THIRD-PARTY SERVICE. LIBERPAY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSACTION, TRANSFER, DEPOSIT, WITHDRAWAL, PAYMENT, RECEIPT, TRANSMISSION, CUSTODY ACTIVITY, ASSET MOVEMENT, OR OTHER ACTIVITY OCCURRING OUTSIDE THE PAYMENT GATEWAY, INCLUDING ANY ACTIVITY CONDUCTED THROUGH OR INVOLVING ANY THIRD-PARTY SERVICE.

Please note that the ability to exclude warranties varies from jurisdiction to jurisdiction. To the extent that a jurisdiction imposes limits on a party's ability to exclude warranties, those exclusions will exist to the extent permitted by law. Due to this jurisdictional variation, some of the above exclusions may not apply to you.

Risks of Emerging Technologies

Our services are developed and based on emerging technologies such as cryptocurrencies and blockchain. By using the services, you expressly acknowledge and accept these increased risks. You represent that you possess sufficient financial and technical knowledge to recognize the risks inherent in using cryptographic and blockchain-based systems, and that you have knowledge of digital assets. IN PARTICULAR, YOU ACKNOWLEDGE THAT WE DO NOT OPERATE THE ETHEREUM PROTOCOL OR ANY OTHER BLOCKCHAIN PROTOCOL, WE DO NOT COMMUNICATE OR EXECUTE PROTOCOL UPDATES, NOR DO WE APPROVE OR PROCESS BLOCKCHAIN TRANSACTIONS ON YOUR BEHALF. YOU FURTHER ACKNOWLEDGE THAT BLOCKCHAIN PROTOCOLS PRESENT THEIR OWN RISKS OF USE, THAT SUPPORTING OR PARTICIPATING IN THE PROTOCOL MAY RESULT IN LOSSES IF YOUR PARTICIPATION VIOLATES CERTAIN RULES OF THE PROTOCOL, THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY APPROVALS OR PERMISSIONS YOU PROVIDE WHEN CRYPTOGRAPHICALLY SIGNING MESSAGES OR TRANSACTIONS ON THE BLOCKCHAIN.

YOU ALSO ACKNOWLEDGE AND ACCEPT THAT DIGITAL CURRENCIES PRESENT RISKS OF MARKET VOLATILITY, TECHNICAL SOFTWARE RISKS, REGULATORY RISKS, AND CYBERSECURITY RISKS. YOU ACKNOWLEDGE THAT THE COST AND SPEED OF A BLOCKCHAIN-BASED SYSTEM ARE VARIABLE, THAT THE COST CAN INCREASE DRASTICALLY AT ANY TIME, AND THAT THE COST AND SPEED ARE NOT UNDER LIBERPAY'S CONTROL OR RESPONSIBILITY. You acknowledge that protocol updates may inadvertently contain bugs or security vulnerabilities that could result in loss of functionality and, ultimately, loss of funds.

YOU ACKNOWLEDGE AND ACCEPT THAT LIBERPAY DOES NOT CONTROL ANY BLOCKCHAIN PROTOCOL, NOR DOES IT CONTROL ANY SMART CONTRACT THAT IS NOT OFFERED BY LIBERPAY AS PART OF THE SERVICES. YOU ACKNOWLEDGE AND ACCEPT THAT LIBERPAY DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE OPERATION OF ANY THIRD-PARTY PROTOCOL OR SERVICE. YOU AGREE THAT YOU, AND NOT LIBERPAY, ARE SOLELY RESPONSIBLE FOR ANY TRANSACTIONS YOU MAKE IN RELATION TO SUPPORTING ANY BLOCKCHAIN PROTOCOL, WHETHER THROUGH TRANSACTION VALIDATION OR OTHERWISE, OR ANY TRANSACTIONS YOU MAKE WITH ANY SMART CONTRACT OR TOKEN DEVELOPED BY THIRD PARTIES, INCLUDING TOKENS THAT WERE CREATED BY THIRD PARTIES WITH THE PURPOSE OF FRAUDULENTLY FALSIFYING AFFILIATION WITH ANY BLOCKCHAIN PROJECT. YOU AGREE THAT LIBERPAY IS NOT RESPONSIBLE FOR THE REGULATORY STATUS OR TREATMENT IN ANY JURISDICTION OF ANY DIGITAL ASSETS THAT YOU MAY ACCESS OR WITH WHICH YOU MAY TRANSACT USING THE SERVICES. YOU EXPRESSLY ASSUME FULL RESPONSIBILITY FOR ALL RISKS OF ACCESSING AND USING THE SERVICES TO INTERACT WITH BLOCKCHAIN PROTOCOLS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL LIBERPAY OR ITS AFFILIATES, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR DEVICE OR OTHERWISE, OR SIMILAR DAMAGES, WHERE APPLICABLE) ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, (I) YOUR USE OF OR INABILITY TO USE THE SERVICES, THE PAYMENT GATEWAY OR ANY OTHER ITEMS, BLOCKCHAIN AND/OR BRIDGE APP, THIRD-PARTY SERVICES, OR ERRORS, MISTAKES OR INACCURACIES IN LIBERPAY CONTENT OR THIRD-PARTY CONTENT INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, (II) LOSSES DUE TO YOUR USER CONTENT, (III) ANY BODILY INJURY OR PROPERTY DAMAGE OF ANY KIND RESULTING FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF OR RELATED TO THE DOWNLOAD, INSTALLATION OR USE OF THE SOFTWARE ON THE USER'S DEVICE, HARDWARE OR OPERATING SYSTEM, (IV) ANY VIOLATION BY THE SERVICES OF THE RIGHTS OF INTELLECTUAL PROPERTY OR OTHER RIGHTS OF THIRD PARTIES; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR SIMILAR, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, OR (VI) ANY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER LIBERPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT OR INCIDENTAL LOSSES THAT MAY BE INCURRED BY YOU, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, OR ANY LOSS OF DATA SUFFERED BY YOU.

UNLESS CAUSED BY OUR FAULT OR WILLFUL MISCONDUCT, WE WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF: (A) ANY RELIANCE PLACED BY YOU ON THE INTEGRITY, ACCURACY, OR EXISTENCE OF ANY ADVERTISEMENT, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY THRID-PARTY SERVICE PROVIDERS) ON OR THROUGH THE TECHNOLOGY; (B) ANY CHANGES WE MAY MAKE TO THE TECHNOLOGY OR ANY PERMANENT OR TEMPORARY INTERRUPTION IN THE SUPPLY OF THE TECHNOLOGY; (C) THE USE OF ANY SERVICE PROVIDED BY US ON THE TECHNOLOGY; (D) THE MALFUNCTION OF THE TECHNOLOGY; (E) YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION; AND (F) ANY FRAUDULENT USE OF THE TECHNOLOGY OR ATTEMPTED FRAUDULENT USE BY YOU OR THIRD PARTIES RELATED TO YOU.

WE ASSUME NO RESPONSIBILITY FOR INFORMATION PROVIDED BY YOU OR OTHERS TO THIRD PARTIES OVER WHICH WE CANNOT INFLUENCE OR CONTROL IN ANY WAY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR CLAIMS ARISING FROM YOUR USE OF OR VISIT TO THIRD-PARTY WEBSITES.

YOU AGREE THAT YOU ARE FULLY RESPONSIBLE (AND THAT WE HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY) FOR ANY BREACH OF YOUR OBLIGATIONS UNDER THIS AGREEMENT AND FOR THE CONSEQUENCES (INCLUDING ANY LOSSES OR DAMAGES WE MAY SUFFER) OF ANY SUCH BREACH.

YOU AGREE THAT YOUR USE OF THE SERVICES IS "AS IS" AND "AS AVAILABLE" AND AT YOUR OWN RISK, AND YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INABILITY TO USE, MODIFICATION, SUSPENSION OR WITHDRAWAL OF THE SERVICES, OR ANY FEATURES, PARTS OR CONTENT OF THE SERVICES.

Release of Claims

YOU ARE SOLELY RESPONSIBLE FOR ALL CLAIMS, INJURIES (INCLUDING DEATH), ILLNESS, DAMAGES, LIABILITIES, AND COSTS (“LIABILITIES”) SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF YOUR USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE THE LIBERPAY PARTIES (AS DEFINED BELOW) FROM ANY AND ALL LIABILITY FOR THE FOREGOING.

YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW THAT LIMIT OR PROHIBIT A GENERAL DISCLAIMER OF LIABILITY. IF YOU ARE A RESIDENT OF CALIFORNIA, YOU ACKNOWLEDGE AND HEREBY EXPRESSLY WAIVE SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH PROVIDES THAT: “A GENERAL WAIVER DOES NOT APPLY TO CLAIMS WHICH THE CREDITOR OR THE WAIVER PARTY DOES NOT KNOW OR SUSPECT EXIST IN THEIR FAVOR AT THE TIME THE WAIVER IS MADE AND WHICH, IF KNOWN, WOULD HAVE SUBSTANTIALLY AFFECTED THEIR AGREEMENT WITH THE DEBTOR OR THE WAIVER PARTY.” You hereby expressly waive all rights and benefits provided for in this section and in any law of any jurisdiction having a similar effect with respect to the exemption from liability for any unknown or unsuspected claims you may have against the Liberpay Parties relating to this clause. The exemption provided for above shall apply to the maximum extent permitted by law in the applicable jurisdiction.

Compensation for You

Without limiting the generality of or affecting other provisions of this Agreement, as a condition of accessing or using the Services, you agree, at your own expense, to indemnify and hold harmless Liberpay and its affiliates, licensors and suppliers, and our directors, officers, employees and representatives (“Liberpay Parties”), from and against any and all losses, costs, damages, liabilities and expenses (including, without limitation, attorneys’ fees) relating to or arising from (i) your use of or inability to use the Services, the Payment Gateway or any blockchain and/or Bridge Apps, (ii) your User Content, (iii) your failure to comply with any applicable laws and regulations (including any privacy laws), (iv) your violation of any third-party rights, including, without limitation, any copyrights, property rights or privacy rights, or (v) your breach of any obligations set forth in this Agreement. You shall not pay any indemnification without the written consent of the applicable indemnified party.

For any third-party claim covered by this indemnification clause, we will notify you as soon as we become aware of the claim, and you shall also defend such claim at your own expense if instructed by us to do so. If we or our partners or licensors are required to respond to a third-party subpoena or other compulsory legal order or process, you shall also reimburse us for reasonable attorneys' fees, as well as for the time and materials of employees and contractors spent in responding to the third-party subpoena or other compulsory legal order or process, at the then-current hourly rates, when permitted by applicable laws.

Term, Suspension and Termination

This Agreement will remain in full force and effect while you use the Services. We reserve the right (but are not obligated) to investigate and/or take appropriate action against you, at our sole discretion, if you violate this Agreement or otherwise create liability for us or any other person. Such action may include suspending your account or terminating your rights with respect to the Services, with or without notice. If your rights with respect to the Services are suspended or terminated, you agree not to use the Services as directed by Liberpay during the suspension period or indefinitely after termination.

ARBITRATION CLAUSE AND WAIVER OF CLASS ACTION – APPLICABLE TO THE EXTENT PERMITTED BY LAW (not applicable to Brazilian users)

Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this arbitration agreement, shall be resolved by arbitration in Boston, Massachusetts, United States of America, before an arbitrator. The language to be used in the arbitration proceedings shall be English. If the dispute, claim, or controversy exceeds US$250,000.00, the arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (JAMS) in accordance with its Comprehensive Arbitration Rules and Procedures (“Rules”). Otherwise, the arbitration shall be administered by JAMS in accordance with the Rules and based on the Expedited Procedures or similar process set forth in the Rules. A decision on the arbitral award may be entered in any court of appropriate jurisdiction. This clause shall not prevent the parties from seeking provisional relief in aid of arbitration by a court of appropriate jurisdiction.

In any arbitration arising out of or relating to this Agreement, the arbitrator shall award to the winning party, if any, the costs and attorneys’ fees reasonably incurred by the winning party in connection with the arbitration. If the arbitrator determines that a party is the winning party in circumstances where the winning party has won on some, but not all, of the claims and counterclaims, the arbitrator may award the winning party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the winning party in connection with the arbitration.

YOU AND LIBERPAY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. Furthermore, if the dispute between the parties is resolved through arbitration, the arbitrator may not consolidate another person's claims with your own and may not otherwise preside over any form of representative proceeding or class action.

YOU AND LIBERPAY HEREBY WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, AND THIS WAIVER APPLIES REGARDLESS OF THE TYPE OF DISPUTE, WHETHER IN A PROCEEDING FOR CONTRACTUAL OR TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER THEORY.

Force Majeure

You agree that Liberpay is not liable to you for any consequences of events beyond our control, including, without limitation, force majeure events, acts of God, war, insurrection, riots, terrorism, crime, pandemics and epidemics, labor shortages (including legal and illegal strikes), embargoes, interruption of postal services, interruption of communications, infrastructure failure or shortage, material shortages, or any other event beyond our control.

Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to its rules on conflicts of law or choice of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

If you are a Brazilian user, this Agreement will be governed by the laws of Brazil and, for any question or dispute relating to this Agreement, you agree to submit the dispute to any competent court in Brazil that has jurisdiction over the dispute.

General Terms

This Agreement, together with the Privacy Policy and any Additional Terms or Supplemental Terms incorporated herein by reference, constitutes the sole agreement between you and Liberpay for the use and provision of the Services, and the subject matter hereof.

The headings of the clauses in this Agreement are for reference only and have no legal or contractual effect.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be modified to the extent necessary to make it enforceable without loss of intent, or severed from this Agreement if such modification is not possible, and the remaining provisions of this Agreement shall remain in full force and effect.

The waiver by either party of any term or condition of this Agreement or any breach of such term or condition shall not, in any event, constitute a waiver of such term or condition or any subsequent breach of such term or condition.

This Agreement and any rights and licenses granted hereunder may not be transferred, delegated, or assigned by you, but may be assigned, delegated, or transferred by Liberpay without restriction.

Any attempt by you to assign, subcontract, delegate, or transfer this Agreement in violation of the foregoing shall be null and void.

This Agreement shall be binding upon and inure to the benefit of each party and their respective successors and permitted assigns.

Some of our licensors and suppliers may be third-party beneficiaries of this Agreement and have the right to enforce this Agreement against you.

Contact Information

If you have any questions about our Services or this Agreement, please contact us at suporte@liberpay.com.