1. Agreement to These Terms
These Terms of Service (“Terms”) form a binding contract between ThirdPay Innovations Inc., a Delaware corporation (“ThirdPay,” “we,” “us,” or “our”) and the entity or individual (“you”) that creates or accesses a ThirdPay account or otherwise uses the Services (defined below).
By clicking “I Agree,” checking a box, or using any ThirdPay Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.
2. The Services
ThirdPay provides self-custodial wallets and dashboards that let businesses and individuals (i) hold, send, and receive digital assets on the Solana blockchain; (ii) accept fiat payments with stable-coin settlement through integrated payment processors; (iii) earn on-chain yield via third-party treasury providers; and (iv) request concierge on-/off-ramp and prepaid debit-card services (collectively, the “Services”).
ThirdPay is not a bank, broker-dealer, or investment adviser. We never take custody of fiat funds or your private keys, and assets held in your wallet are not FDIC-, FSCS-, or otherwise insured.
Risk Disclosure: Your use of the Services is also subject to our Risk Disclosure and No-Bank Notice, which you acknowledge and accept by continuing to use the Services.
3. Eligibility & Account Registration
You must be at least 18 years old and able to form a binding contract. When opening a Business Wallet you represent that you are an authorized officer of the entity and may bind it to these Terms. You agree to provide accurate information and to update it promptly.
If you are registering a Business Account, you represent that the business is the legal and beneficial owner of all funds transacted and that no undisclosed third parties control or benefit from its activity.
You agree to promptly update any information previously submitted to us if it changes or becomes inaccurate.
4. Fees
4.1 Business Accounts
If you are a Business Account user, the fees applicable to your use of the Services—including subscription fees, payment processing commissions, yield participation terms, and on-/off-ramp charges—will be set forth in a separate Order Form executed between you and ThirdPay before service begins. These fees will remain in effect unless and until updated by mutual written agreement.
4.2 Personal Accounts
No subscription fee. We charge commissions on (a) on-/off-ramp transactions and (b) prepaid-card loads, plus network (“gas”) fees set by Solana.
4.3 Changes
- For Business Accounts, fee terms are set forth in a mutually executed agreement and may only be amended by written consent of both parties.
- For Personal Accounts, we may update fees at any time. We will provide at least 14 days’ advance notice via email or by posting the revised rates on our website.
5. Self-Custody & Blockchain Risks
- Private keys: You control the private keys to your wallet; keep them safe. We cannot recover lost keys.
- On-chain immutability: All Solana transactions are permanent, public, and cannot be altered or deleted.
- Volatility: Digital-asset prices fluctuate and may lose value.
- No investment advice: ThirdPay does not provide investment, tax, or legal advice; you alone are responsible for your decisions.
You acknowledge the risks inherent in blockchain networks, including permanent and public transaction records, smart contract vulnerabilities, and potential downtime or network delays. Digital assets are not reversible or guaranteed.
6. Acceptable Use
You will not use the Services for illegal activity, money laundering, sanctions evasion, or any category listed in our Acceptable-Use Policy. We may suspend or terminate accounts that violate law or these Terms.
You represent and warrant that all funds or.assets used in connection with the Services are of lawful origin, and were not derived from any activity in violation of U.S. or international anti-money laundering or counter-terrorism financing laws.
You represent that neither you, nor any of your directors, officers, or beneficial owners are (i) subject to sanctions administered by OFAC, the EU, UN, or UK, or (ii) a Politically Exposed Person (PEP), immediate family member of a PEP, or the head of an international organization.
7. Third-Party Services
Payment processors, liquidity providers, and card issuers are independent third parties. Your use of their services is subject to their terms. ThirdPay is not liable for their acts or omissions.
8. Modifications to Services or Terms
We may modify the Services or these Terms at any time. Material changes will be posted to thirdpay.io/legal and, where required, emailed to you. Continued use of the Services after the effective date constitutes acceptance.
9. Suspension & Termination
We may suspend or close your account immediately for: (i) suspected fraud, (ii) sanctions hits, (iii) violation of these Terms or the AUP, or (iv) requests from regulators. You may close your account at any time by emailing hello@thirdpay.io. Closing an account does not remove on-chain data.
10. Intellectual Property
All software, logos, and content are ThirdPay’s property or its licensors’. You receive only a limited, revocable licence to access the Services.
11. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIRDPAY’S AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) USD 100 FOR PERSON ACCOUNT USER AND USD 10,000 FOR BUSINESS ACCOUNT USER, OR (B) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
13. Indemnification
You will indemnify and hold harmless ThirdPay and its officers, directors, employees, and agents from any claim arising out of (i) your breach of these Terms, (ii) your misuse of the Services, or (iii) your violation of law.
14. Confidentiality
Each party agrees to protect any non-public, confidential, or proprietary information received from the other party (“Confidential Information”) with reasonable care and use it solely for purposes of fulfilling obligations under these Terms. Confidentiality obligations do not apply to information that (i) is publicly available through no fault of the receiving party; (ii) was lawfully known before disclosure; (iii) is independently developed without reference to Confidential Information; or (iv) must be disclosed by law.
15. Force Majeure
ThirdPay shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet or blockchain network failures, or other force majeure events. During such events, ThirdPay’s obligations will be suspended for the duration of the force majeure condition. ThirdPay will use commercially reasonable efforts to resume performance as soon as practicable following the cessation of the force majeure event.
16. Governing Law; Arbitration; Class-Action Waiver
These Terms are governed by Delaware law without regard to conflict-of-law rules. Any dispute will be resolved by binding, individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules in Wilmington, Delaware, unless you and we agree to a video or documents-only hearing.
You waive any right to a jury trial or to participate in a class action. Exceptions: each party may seek injunctive relief in court for intellectual-property or data-security breaches.
17. Export Controls
You agree to comply with all applicable U.S. export control laws and regulations, including but not limited to the Export Administration Regulations (EAR) and sanctions programs administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (OFAC). You may not use or access the Services if you are located in or ordinarily resident in any country subject to comprehensive U.S. embargo.
18. Electronic Communications & Signatures
You consent to receive notices electronically and agree that electronic signatures have the same force as handwritten signatures.
19. Assignment
You may not assign these Terms without our prior written consent. We may assign them freely as part of a merger, acquisition, or asset sale.
20. Severability
If any provision of these Terms is held invalid, the remaining provisions will remain in full force except that the class-action waiver in §16 is essential; if it is found unenforceable, the entire arbitration clause is void. (Corrected section reference from §14 to §16)
21. Entire Agreement
These Terms, together with any addenda (including the Business Account Addendum, Personal Account Addendum, On/Off-Ramp Concierge Addendum, Risk Disclosure and No-Bank Notice, and Referral Program Terms) constitute the entire agreement between you and ThirdPay and supersede all prior agreements about the Services.
22. Contact
ThirdPay Innovations Inc.
8 The Green, STE A,
Dover, Delaware, DE 19901
United States of America
Email: hello@thirdpay.io