Terms of Service

Introduction

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE MONIEPAL PLATFORM. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between Moniepal, Inc. ("Moniepal," "we," "us," or "our"), a corporation registered in the United States (Registration No. 10267201), and you ("you," "your," or "User") governing your access to and use of the Moniepal platform, including our website (www.moniepal.co), mobile applications, and related services (collectively, the "Services"). By creating an account, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

1. Definitions

1.1 Key Terms

• Account means your registered Moniepal user account.
• Stablecoin means a type of cryptocurrency designed to maintain a stable value, typically pegged to a fiat currency such as the US Dollar.
• Cryptocurrency or Crypto means digital assets including but not limited to stablecoins and other supported digital currencies.
• Digital Assets means stablecoins, cryptocurrencies, and other blockchain-based digital assets supported on the platform.
• Fiat Currency means government-issued currency such as Nigerian Naira (NGN), Rwandan Franc (RWF), or US Dollar (USD).
• Services means all features, tools, and functionality provided by Moniepal, including but not limited to buying and selling stablecoins, digital wallets, payments, and related services.
• Transaction means any purchase, sale, transfer, exchange, deposit, or withdrawal of digital assets or fiat currency through the Services.
• Wallet means the digital wallet provided through our service providers for storing and transacting digital assets.
• Monietag means your unique identifier (e.g., $username) used for sending and receiving payments on the platform.

2. Eligibility and Account Registration

2.1 Age and Legal Capacity
You must be at least 18 years old and have the legal capacity to enter into binding contracts in your jurisdiction to use our Services. By using Moniepal, you represent and warrant that you meet these requirements.

2.2 Account Registration
To use our Services, you must:

• Provide accurate, current, and complete information during registration
• Complete our Know Your Customer (KYC) and identity verification process
• Maintain and promptly update your account information
• Secure your account credentials and not share them with others
• Notify us immediately of any unauthorized account access

2.3 Account Verification
We require identity verification to comply with anti-money laundering (AML) and counter-terrorism financing (CTF) regulations. Depending on your jurisdiction, you may need to provide:

• Government-issued identification documents (passport, national ID, driver's license, etc.)
• Proof of address (utility bill, bank statement, etc.)
• Biometric verification (facial recognition, fingerprint, etc.)
• National identification numbers as required by local regulations
• Any additional documentation we reasonably request for compliance purposes

Your access to certain features may be limited until verification is complete. Verification requirements may vary by jurisdiction and transaction volume.

2.4 Prohibited Users
You may not use our Services if you:

• Are located in, resident of, or have ties to countries subject to comprehensive sanctions (including but not limited to jurisdictions sanctioned by OFAC, UN, EU, or other applicable authorities)
• Are listed on any government sanctions lists or designated persons lists
• Have been previously suspended or banned from Moniepal
• Intend to use the Services for illegal activities

2.5 Account Security
You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activities that occur under your account
• Implementing reasonable security measures (strong passwords, two-factor authentication)
• Monitoring your account for unauthorized activity

We are not liable for losses resulting from unauthorized account use if you fail to maintain adequate security.

3. Description of Services

3.1 Stablecoin Platform Services
Moniepal provides a platform that enables users to buy, sell, and use stablecoins for various purposes. Our Services allow you to:

• Buy and sell stablecoins using local currencies
• Hold stablecoins in digital wallets
• Use stablecoins for payments and transfers
• Convert between different currencies and digital assets
• Access our payment network

The specific features and functionality available to you may vary based on your location, verification status, and applicable regulations.

3.2 Third-Party Service Providers
Moniepal partners with licensed third-party service providers to deliver certain aspects of our Services, including but not limited to digital wallet custody, payment processing, identity verification, currency exchange, and mobile money integrations. By using our Services, you agree to the terms and conditions of these third-party providers.

3.3 Supported Assets and Countries
We support various stablecoins, digital assets, and fiat currencies. Availability may vary; we reserve the right to add or remove supported assets and countries at our discretion.

3.4 Service Limitations
Services are provided "as available" and may be interrupted for maintenance or technical issues. Transaction limits may apply and we may decline transactions that violate our policies or laws.

4. Fees and Pricing

4.1 Transaction Fees
Moniepal may charge fees for certain Services. Applicable fees will be clearly displayed in the app before you complete each transaction.

4.2 Fee Changes
We reserve the right to modify our fee structure at any time. Material changes will be communicated with reasonable advance notice.

4.3 Exchange Rates
Exchange rates are determined in real-time based on market conditions and may change before settlement; the final rate will be shown before confirmation.

4.4 Third-Party Fees
You are responsible for fees charged by third parties (banks, blockchain network fees, payment processors).

4.5 Fee Refunds
Fees for completed transactions are generally non-refundable except as required by law or our error.

5. Transactions

5.1 Transaction Authorization
By initiating a transaction, you authorize Moniepal to process it, confirm sufficient funds, acknowledge that blockchain transactions are generally irreversible, and accept the exchange rate and fees displayed at confirmation.

5.2 Transaction Processing
Processing times vary by transaction type, payment method, and third-party involvement. Digital asset transactions depend on blockchain network conditions; fiat transactions depend on banking or mobile money systems.

5.3 Transaction Limits
We may impose limits based on verification level, jurisdiction, transaction history, and risk assessment. Current limits are displayed in your account settings.

5.4 Failed or Rejected Transactions
Transactions may fail due to insufficient funds, incorrect recipient info, policy violations, third-party issues, or fraud prevention. If a transaction fails, funds will be returned to your wallet minus any non-refundable network fees and you will receive a notification.

5.5 Irreversibility of Blockchain Transactions
Blockchain transactions are generally irreversible once confirmed. You are responsible for recipient addresses, amounts, and selected networks. We cannot reverse transactions sent to incorrect addresses.

5.6 Chargebacks and Disputes
For fiat transactions processed through banks or cards, chargebacks may result in account suspension or termination. Contact us before initiating a chargeback.

6. Wallets and Custody

6.1 Wallet Services
Moniepal provides access to custodial digital wallets via licensed partners. Private keys are managed by our service providers and you do not have direct control of private keys.

6.2 Wallet Security
You are responsible for securing account credentials, enabling 2FA, monitoring for unauthorized transactions, and reporting suspicious activity. We implement industry-standard security measures but cannot guarantee absolute security.

6.3 Wallet Backups and Recovery
Wallet recovery is subject to our service providers' policies. Maintain access to your registered email and phone for recovery. Lost credentials may result in permanent loss of access to funds.

6.4 No Insurance on Digital Asset Holdings
Digital assets held in your wallet are not insured by government agencies and are not protected by deposit insurance schemes. You bear the risk of loss.

7. Compliance and Regulatory Obligations

7.1 AML & CTF
Moniepal complies with AML/CTF laws. We may monitor transactions, request additional information, report suspicious activity, freeze or terminate accounts, and cooperate with law enforcement.

7.2 KYC
You must complete KYC verification and may be required to provide ID, proof of address, source of funds, and additional information for enhanced due diligence.

7.3 Sanctions Compliance
You represent you are not subject to economic or trade sanctions and are not located in sanctioned countries or conducting transactions on behalf of sanctioned parties.

7.4 Tax Obligations
You are responsible for determining and reporting applicable taxes related to digital asset transactions and for maintaining records for tax reporting.

7.5 Regulatory Changes
We may modify Services or impose additional requirements to comply with changing regulations and will notify you of material changes when feasible.

8. Prohibited Activities

8.1 You May Not Use Our Services To:

• Engage in illegal activities (money laundering, terrorism financing, fraud, tax evasion)
• Violate laws, regulations, or third-party rights
• Manipulate markets, engage in wash trading, or other manipulative practices
• Facilitate transactions for illegal goods or services
• Conduct ransomware payments or criminal extortion
• Use services for money laundering or terrorist financing
• Infringe intellectual property rights
• Transmit malware or attempt unauthorized access
• Use unauthorized automated tools or create multiple accounts to circumvent limits
• Provide false or misleading information or impersonate others

8.2 Consequences of Prohibited Activities
Violations may result in suspension, termination, forfeiture of funds, reporting to authorities, legal action, and permanent bans.

9. Intellectual Property

9.1 Moniepal's Intellectual Property
All content, features, and functionality of the Services are owned by Moniepal or our licensors and protected by intellectual property laws.

9.2 Limited License
We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes, subject to these Terms.

9.3 Trademarks
"Moniepal" and related marks are trademarks of Moniepal, Inc. You may not use our trademarks without prior written consent.

9.4 User Content
You retain ownership of content you submit; by submitting, you grant Moniepal a worldwide, non-exclusive, royalty-free license to use such content to provide and improve the Services.

10. Privacy and Data Protection

10.1 Privacy Policy
Our Privacy Policy describes how we collect, use, and protect your personal information. By using our Services, you consent to our data practices as described in the Privacy Policy.

10.2 Data Security
We implement reasonable security measures to protect your data, but cannot guarantee absolute security.

10.3 Data Retention
We retain your data as described in our Privacy Policy and as required by law. You may request deletion subject to legal retention obligations.

10.4 Cross-Border Data Transfers
Your data may be transferred and processed outside your jurisdiction, including the United States, with appropriate safeguards.

11. Disclaimers and Limitations of Liability

11.1 Service Availability
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. We do not warrant that the Services will be uninterrupted, secure, or error-free.

11.2 Digital Asset and Stablecoin Risks
You acknowledge risks including price risk, irreversibility, technology risk, regulatory risk, loss of access, security breaches, and issuer risk.

11.3 Third-Party Services
We are not responsible for actions, errors, or security breaches of third-party service providers.

11.4 No Investment Advice
Moniepal does not provide investment, financial, legal, or tax advice.

11.5 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MONIEPAL AND ITS AFFILIATES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO MONIEPAL IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100 USD.

11.6 Indemnification
You agree to indemnify Moniepal against claims arising from your use of the Services or violation of these Terms.

12. Dispute Resolution

12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to conflict of law provisions.

12.2 Informal Resolution
Before initiating formal dispute resolution, you agree to contact us at hello@moniepal.co to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 30 days.

12.3 Arbitration Agreement
Any dispute, controversy, or claim arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved through binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. Arbitration terms:

• Administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
• Conducted in English in Delaware, United States
• Decided by a single arbitrator
• Each party bears their own costs and fees
• No class or representative actions permitted

12.4 Class Action Waiver
YOU AND MONIEPAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12.5 Exceptions to Arbitration
Either party may bring suit in court to:

• Enjoin infringement of intellectual
• Seek injunctive relief for breach of these Terms
• Enforce arbitration awards

12.6 Jurisdiction for Non-Arbitrable Claims
For claims not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of courts located in Delaware, United States.

13. Termination

13.1 Termination by You
You may close your account by contacting hello@moniepal.co, withdrawing funds, and following any additional procedures we specify.

13.2 Termination by Moniepal
We may suspend or terminate your account for violations, suspected illegal activity, inactivity, or where required by law.

13.3 Effect of Termination
Upon termination, your access ceases, you must withdraw funds within a reasonable period, and we may retain data as required by law. Provisions that should survive termination (IP, liability limits, dispute resolution) remain in effect.

13.4 Abandoned Accounts
If your account is inactive with a balance and we cannot contact you, funds may be subject to escheatment laws. We will attempt to contact you first.

14. General Provisions

14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement.

14.2 Amendments
We may modify these Terms by posting updated Terms, updating the Last Updated date, and notifying you for material changes.

14.3 Waiver
Failure to enforce any provision does not constitute a waiver.

14.4 Severability
If any provision is invalid, the remaining provisions remain in effect.

14.5 Assignment
You may not assign these Terms without our consent. We may assign or transfer our rights at any time without notice.

14.6 No Agency
These Terms do not create any agency, partnership, joint venture, or employment relationship.

14.7 Force Majeure
We are not liable for delays or failures due to circumstances beyond our control, including acts of God, war, government actions, strikes, internet failures, blockchain congestion, or third-party actions.

14.8 Language
These Terms are provided in English. Translations are for convenience only; English prevails in conflict.

14.9 Third-Party Rights
These Terms do not confer third-party beneficiary rights.

14.10 Notices
Notices to Moniepal should be sent to hello@moniepal.co or to Moniepal, Inc., 5800 Highland Park Drive, Benbrook, Texas 76132, United States. Notices to you will be sent to your account email.

14.11 Export Controls
You agree to comply with export and import control laws. You may not use the Services if prohibited from receiving U.S. exports.

14.12 Government Users
If you are a government entity, the Services are "Commercial Items" as defined in 48 C.F.R. §2.101 and provided with only those rights granted to other users.

14.13 Mobile Application Terms
If you access Services through a mobile app, you must comply with app store terms and your carrier's data rates may apply.

15. Contact Information

For questions or support regarding these Terms or our Services:
Moniepal, Inc.
Email: hello@moniepal.co
Support: Available through the app or website
Website: www.moniepal.co
Address:
Moniepal, Inc.
5800 Highland Park Drive,
Benbrook, Texas 76132,
United States

16. Acknowledgment and Acceptance

BY CREATING AN ACCOUNT, ACCESSING, OR USING MONIEPAL'S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, YOU MUST NOT USE OUR SERVICES.

Last Updated: November 21, 2024
Version: 1.0