AML/CFT Policy

1. Introduction

   Ivorypay is a crypto payment gateway that enables businesses in Africa to get paid in stable cryptocurrency and leverage decentralised finance (DeFi) and non-fungible tokens (NFTs) for growth. Ivorypay is owned and operated by Ivorychain Technologies, a company incorporated in South Africa.
   
   We are committed to complying with all applicable laws and regulations regarding anti-money laundering (AML), know your customer (KYC), and countering the financing of terrorism (CFT). We have adopted this AML/KYC/CFT Policy ("Policy") to prevent, detect, and report any money laundering, terrorist financing, or other illicit activities involving our Services. This Policy applies to all our customers, employees, agents, contractors, and partners who access or use our Services. By accessing or using our Services, you agree to comply with this Policy and any applicable laws and regulations. If you do not agree to comply with this Policy, you may not access or use our Services.
   
   We reserve the right to amend or update this Policy at any time without notice. You are responsible for reviewing this Policy periodically for any changes. Your continued access to or use of our Services after any changes to this Policy constitutes your acceptance of such changes.

2. Definitions

   In this Policy, the following terms have the following meanings:

   • "Customer" means any person or entity who registers an account with us or uses our Services.
   • "Crypto assets" means digital representations of value that are based on blockchain technology and are not issued or backed by any central authority, such as stablecoin (e.g., USDT, USDC, SOL) and Ivry token.
   • "FATF" means the Financial Action Task Force, an inter-governmental body that sets standards and promotes effective implementation of legal, regulatory, and operational measures for combating money laundering, terrorist financing, and other related threats to the integrity of the international financial system.
   • "KYC" means know your customer, a process of verifying the identity and background of customers and assessing their suitability and risk profile.
   • "PEP" means politically exposed person, a person who is or has been entrusted with a prominent public function, such as a head of state, senior politician, senior government official, judicial or military official, senior executive of a state-owned corporation, or important political party official, as well as their family members and close associates.
   • "Sanctions" means any restrictive measures imposed by any competent authority on certain countries, entities, or individuals for the purposes of maintaining or restoring international peace and security, such as trade embargoes, asset freezes, travel bans, or arms embargoes.
   • "Services" means the website, products, and services provided by Ivorychain Technologies, including Ivorypay.
   • "Transaction" means any transfer, exchange, payment, receipt, or other movement of crypto assets through the Services.

3. Customer Identification and Verification

   We require all customers to register an account with us before using our Services. To register an account, you must provide us with certain information, such as your name, email address, phone number, country of residence, and password. You must also verify your email address and phone number by following the instructions that we send you.
   
   We may also require you to provide us with additional information or documents to verify your identity and address, such as your national identity card, passport, driver's license, utility bill, bank statement, or other proof of address. We may also use third-party service providers to assist us in verifying your information or documents.
   
   We may also require you to provide us with information or documents to verify the source and purpose of your funds or transactions, such as your bank account details, employment details, business details, transaction receipts, or other supporting documents.
   
   We may also require you to provide us with information or documents to verify whether you are a PEP or subject to any Sanctions.
   
   We may also require you to update your information or documents from time to time to ensure their accuracy and completeness.
   
   You agree to provide us with accurate and complete information and documents when registering an account or using our Services. You agree to cooperate with us in our verification process and provide us with any information or documents that we request within a reasonable time. You agree to notify us promptly of any changes to your information or documents.
   
   We reserve the right to reject your registration or suspend, limit, modify, or terminate your access to or use of our Services if we are unable to verify your information or documents or if we suspect that you have provided us with false, incomplete, outdated, or misleading information or documents.

4. Transaction Monitoring and Reporting

   We monitor all transactions that occur through our Services for any suspicious or unusual activity. We use various criteria and indicators to identify and analyze such activity, such as:

   • The amount, frequency, or pattern of transactions;
   • The origin, destination, or purpose of transactions;
   • The parties involved in transactions;
   • The relationship between the parties involved in transactions;
   • The consistency of transactions with the customer's profile, risk level, or expected activity;
   • The involvement of any high-risk jurisdictions, PEPs, or Sanctioned persons or entities in transactions;
   • The use of any complex, unusual, or opaque structures or methods in transactions;
   • The use of any crypto assets or services that may facilitate anonymity, obfuscation, or evasion in transactions;
   • Any other factors or circumstances that may indicate potential money laundering, terrorist financing, or other illicit activities in transactions.

   We may also use third-party service providers to assist us in monitoring and analyzing transactions. If we detect any suspicious or unusual activity, we may take appropriate action, such as:

   • Requesting additional information or documents from the customer or other parties involved;
   • Blocking, delaying, cancelling, reversing, or refunding any transactions;
   • Suspending, limiting, modifying, or terminating the customer's access to or use of the Services;
   • Reporting the activity to the relevant authorities, such as the Financial Intelligence Centre (FIC) or other law enforcement agencies;
   • Cooperating with the relevant authorities, such as the FIC or other law enforcement agencies, in their investigations or inquiries.

   You agree to cooperate with us in our transaction monitoring and reporting process and provide us with any information or documents that we request within a reasonable time. You agree not to interfere with our transaction monitoring and reporting process or attempt to circumvent any measures that we take in relation to such process.

5. Record Keeping

   We maintain records of all information and documents that we collect from customers and all transactions that occur through our Services for at least five years from the date of collection or transaction. We store such records in a secure manner and protect them from unauthorized access, use, modification, disclosure, or destruction. We may also use third-party service providers to assist us in storing such records.
   
   We may disclose such records to the relevant authorities upon their request or as required by applicable law or regulation. We may also disclose such records to third-party service providers who perform services on our behalf under appropriate confidentiality agreements.
   
   You agree that we may keep records of your information and documents and your transactions through our Services as described in this section. You agree that we may disclose such records as described in this section.

6. Compliance Officer

   We have appointed a compliance officer who is responsible for overseeing and implementing this Policy and ensuring compliance with applicable laws and regulations regarding AML/KYC/CFT. The compliance officer's duties include:

   • Developing, updating, and enforcing this Policy;
   • Providing training and guidance to our employees, agents, contractors, and partners on this Policy;
   • Conducting periodic reviews and audits of this Policy;
   • Reporting and escalating any issues or incidents related to this Policy;
   • Liaising and cooperating with the relevant authorities, such as the FIC or other law enforcement agencies;
   • Responding to any inquiries or requests from customers, third parties, or authorities regarding this Policy.

   You can contact our compliance officer at compliance@ivorypay.io if you have any questions, comments, or concerns regarding this Policy.

7. Risk Assessment and Management

   We conduct regular risk assessments to identify and evaluate the risks of money laundering, terrorist financing, or other illicit activities that may arise from our Services, customers, transactions, or jurisdictions. We use various sources and methods to conduct such risk assessments, such as:

   • The FATF recommendations, guidance, and reports;
   • The FIC guidance and reports;
   • The national risk assessment of South Africa;
   • The regional risk assessment of the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG);
   • The sectoral risk assessment of the crypto asset industry;
   • The internal data and analysis of our Services, customers, transactions, and jurisdictions;
   • The external data and analysis from reputable sources, such as media, research, or intelligence reports.

   We use a risk-based approach to manage and mitigate the risks of money laundering, terrorist financing, or other illicit activities that we identify. We apply different levels of due diligence, monitoring, reporting, and control measures depending on the risk level of our Services, customers, transactions, or jurisdictions. We also review and update our risk assessment and management process periodically or whenever there are any changes in our Services, customers, transactions, jurisdictions, or applicable laws or regulations. You agree that we may conduct risk assessments and apply risk-based measures as described in this section.
   
   You agree to cooperate with us in our risk assessment and management process and provide us with any information or documents that we request within a reasonable time.

   • Requesting additional information or documents from the customer or other parties involved;
   • Blocking, delaying, cancelling, reversing, or refunding any transactions;
   • Suspending, limiting, modifying, or terminating the customer's access to or use of the Services;
   • Reporting the activity to the relevant authorities, such as the Financial Intelligence Centre (FIC) or other law enforcement agencies;
   • Cooperating with the relevant authorities, such as the FIC or other law enforcement agencies, in their investigations or inquiries.

   You agree to cooperate with us in our transaction monitoring and reporting process and provide us with any information or documents that we request within a reasonable time. You agree not to interfere with our transaction monitoring and reporting process or attempt to circumvent any measures that we take in relation to such process.

8. Training and Awareness

   We provide regular training and awareness programs to our employees, agents, contractors, and partners on this Policy and applicable laws and regulations regarding AML/KYC/CFT. We also provide them with updates and guidance on any changes or developments in this Policy and applicable laws and regulations regarding AML/KYC/CFT. We also evaluate their performance and compliance with this Policy and applicable laws and regulations regarding AML/KYC/CFT.
   
   You agree to comply with this Policy and applicable laws and regulations regarding AML/KYC/CFT. You agree to participate in any training or awareness programs that we provide or require you to attend regarding this Policy and applicable laws and regulations regarding AML/KYC/CFT.

Privacy Policy

1. Introduction

   Ivorychain Technologies ("we," "us," or "our") is committed to protecting the privacy of your personal information. This Privacy Policy outlines how we collect, use, disclose, store, and protect your personal information when you interact with our services, including the Ivorypay crypto payment gateway, our website, and any other online platforms we operate (collectively, "Services").
   
   By using our Services, you agree to the collection, use, disclosure, and storage of your personal information in accordance with this Privacy Policy.

2. Information we collect

   We use your personal information for various purposes, including to:

   • Provide, maintain, and improve our Services;
   • Process transactions and send transaction confirmations;
   • Authenticate your identity and prevent fraud;
   • Communicate with you about your account, transactions, and our Services;
   • Provide customer support and respond to your inquiries;
   • Personalize your experience and provide content and features that match your interests;
   • Conduct research and analysis to improve our Services and develop new products or features;
   • Comply with legal and regulatory requirements; and
   • Protect our rights, property, and the safety of our users and the public.

3. How We Use Your Information

   We collect various types of personal information from and about you when you use our Services, including:

   • Information You Provide to Us: When you create an account, make a transaction, or contact us for support, you may provide personal information such as your name, email address, phone number, postal address, and payment information.
   • Information We Collect Automatically: We may automatically collect information about your device and usage of our Services, such as your IP address, browser type, operating system, and browsing history. We may also use cookies and similar technologies to collect information about your preferences and usage patterns.
   • Information We Obtain from Third Parties: We may obtain personal information about you from third parties, such as payment processors, identity verification services, or social media platforms, if you choose to connect your account with those services.

4. How We Share Your Information

   We may share your personal information with third parties in the following circumstances:

   • Service Providers: We may share your personal information with third-party service providers who perform services on our behalf, such as payment processing, data storage, and marketing.
   • Business Transfers: In the event of a merger, acquisition, or other business transaction, we may share your personal information with the acquiring or merging entity.
   • Legal and Regulatory Compliance: We may share your personal information when required to do so by law, regulation, or legal process, or to protect our rights, property, and the safety of our users and the public.
   • With Your Consent: We may share your personal information with other third parties with your consent.

5. Your Rights and Choices

   You have certain rights regarding the personal information we hold about you, subject to local data protection laws. These may include the right to:

   • Access, correct, or update your personal information;
   • Request erasure of your personal information under certain circumstances;
   • Object to or restrict the processing of your personal information;
   • Request the transfer of your personal information to another service provider; and
   • Withdraw your consent to the processing of your personal information, where applicable.

   To exercise any of these rights, please contact us at contact@ivorypay.io

6. Data Security

   We implement appropriate technical and organizational measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no method of data transmission or storage is 100% secure, and we cannot guarantee the absolute security of your personal information.

7. Data Retention

   We retain your personal information for as long as necessary to provide our Services, comply with legal and regulatory requirements, and resolve disputes. When we no longer need your personal information, we will securely delete or anonymize it in accordance with our data retention policies and applicable laws.

8. International Data Transfer

   We may transfer your personal information to countries outside of your country of residence, including countries that may not have the same data protection laws as your country. When transferring your personal information internationally, we will take appropriate measures to protect your privacy rights in accordance with this Privacy Policy and applicable laws.

9. Third-Party Websites and Services

   Our Services may contain links to third-party websites, services, or applications that are not owned or controlled by Ivorychain Technologies. This Privacy Policy does not apply to these third-party services, and we are not responsible for their privacy practices or content. We encourage you to review the privacy policies of these third-party services before using them.

10. Cookie Policy

    Ivorypay uses cookies and similar technologies to provide, improve, and protect our Services. Cookies are small text files that are stored on your device when you visit our website. We use these cookies to:

    • Recognize you when you return to our website;
    • Enhance your user experience by remembering your preferences;
    • Analyze website usage and improve our Services;
    • Provide targeted advertising and marketing communications.

    By using our Services, you consent to our use of cookies and similar technologies. You can manage your cookie preferences through your web browser settings. However, please note that if you choose to disable cookies, some features of our Services may not function properly.

11. Your Rights and Choices

    You have certain rights regarding the personal information we hold about you, subject to local data protection laws. These may include the right to:

    • Request access to the personal information we hold about you;
    • Request correction of any inaccurate or incomplete personal information;
    • Request deletion of your personal information, subject to certain conditions;
    • Object to the processing of your personal information;
    • Request the restriction of processing your personal information;
    • Request the transfer of your personal information to another party;
    • Withdraw your consent to the processing of your personal information, where consent is the legal basis for processing;
    • Lodge a complaint with a supervisory authority.

    To exercise any of these rights or for more information about your rights, please contact us at support@ivorychain.com.

12. Children’s Privacy

    Our Services are not intended for or directed at children under the age of 18, and we do not knowingly collect personal information from children. If we become aware that we have collected personal information from a child, we will take appropriate steps to delete that information.

13. Changes to This Privacy Policy

    We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, or legal requirements. We will notify you of any material changes by posting the updated Privacy Policy on our website or through other appropriate communication channels. Your continued use of our Services after the effective date of the updated Privacy Policy constitutes your acceptance of the changes.

14. Data Protection Officer

    We have appointed a Data Protection Officer (DPO) to oversee our privacy and data protection practices. If you have any concerns or questions about our handling of your personal information, please contact our DPO at dpo@ivorychain.com.

15. Law and Jurisdiction

    This Privacy Policy and any disputes relating to it will be governed by the laws of the country in which Ivorychain Technologies is incorporated, without regard to its conflict of law provisions. Any legal proceedings arising out of or in connection with this Privacy Policy will be subject to the exclusive jurisdiction of the courts of that country.
    
    We hope this Privacy Policy provides you with the information you need to understand our privacy practices. If you have any further questions or concerns, please do not hesitate to contact us at contact@ivorypay.io

16. Contact Us

    If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us at:
    
    Ivorychain Technologies Email: contact@ivorypay.io
    
    Your inquiry will be dealt with as soon as possible.

Terms of use

Welcome to Ivorypay!

These Terms of Use ("Terms") govern your access to and use of the website, products, and services (collectively, the "Services") provided by Ivorychain Technologies ("we", "us", or "our"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Please read these Terms carefully. They contain important information about your rights and obligations, as well as limitations and exclusions that may apply to you.

1. Description of the Services

   Ivorypay is a crypto payment gateway that enables businesses in Africa to get paid in stable cryptocurrency and leverage decentralised finance (DeFi) and non-fungible tokens (NFTs) for growth. We provide the following Services:

   • Payment Solutions: We enable you to receive crypto payments from your customers globally using our payment solutions, such as payment links, QR codes, checkout, integrated payment button, and subscription based payment.
   • Storefront: We allow you to create custom storefronts with our pre-built templates and get paid in cryptos.
   • Business Wallets: We provide you with ultra-secure wallets to accept payments from your customers and store your crypto assets.
   • Stake and Earn: We enable you to stake a portion of your profit and earn annual percentage yield (APY) on your crypto assets.
   • DEFI Loans: We offer you instant loans to scale your business with just a few clicks.

2. Eligibility

   To access or use the Services, you must be at least 18 years old and have the legal capacity to enter into these Terms. You must also comply with all applicable laws and regulations in your jurisdiction. You may not access or use the Services if you are prohibited from doing so by any applicable law or regulation.

3. Registration and Account Security

   To use some of the Services, you may need to create an account with us. You are responsible for providing accurate and complete information when creating or updating your account. You are also responsible for maintaining the security and confidentiality of your account credentials and for any activity that occurs under your account. You agree to notify us immediately if you suspect any unauthorized access or use of your account or any breach of security.
   
   You may not create more than one account or use another person's account without their permission. You may not sell, transfer, or assign your account or any rights or obligations under these Terms to anyone else.

4. Fees and Taxes

   We do not charge any fees for creating an account or using the Services. However, we may charge fees for certain features or transactions within the Services, such as withdrawal fees, loan interest fees, or staking fees. We will notify you of any applicable fees before you incur them. You agree to pay all fees that you incur through the Services.
   
   You are also responsible for paying any taxes that may apply to your use of the Services or any transactions that you make through the Services. We are not responsible for collecting, reporting, or remitting any taxes on your behalf.

5. Crypto Assets

   The Services allow you to receive, store, stake, and transfer crypto assets, such as stablecoins (e.g., USDT, USDC, SOL) and Ivry token. Crypto assets are digital representations of value that are based on blockchain technology and are not issued or backed by any central authority. Crypto assets are subject to high volatility and risk and may lose value over time. You should only acquire or hold crypto assets if you understand and accept these risks.
   
   You acknowledge and agree that:

   • You are solely responsible for managing and safeguarding your crypto assets. We do not have access to or control over your crypto assets or the private keys that enable you to access them. If you lose your private keys or forget your password, you may not be able to access or recover your crypto assets.
   • You are solely responsible for complying with any applicable laws and regulations that may apply to your use of crypto assets or any transactions that you make through the Services. We are not responsible for determining whether or how any taxes or reporting obligations apply to your use of crypto assets or any transactions that you make through the Services.
   • We do not provide any investment, financial, legal, tax, or other advice regarding crypto assets or any transactions that you make through the Services. You should consult your own professional advisors before making any decisions regarding crypto assets or any transactions that you make through the Services.
   • We do not guarantee the availability, functionality, security, or performance of any crypto assets or any transactions that you make through the Services. We may suspend, limit, modify, or terminate your access to or use of any crypto assets or any transactions that you make through the Services at any time without notice or liability to you.

6. DeFi and NFTs

   The Services allow you to access and use certain features or products that are based on decentralised finance (DeFi) and non-fungible tokens (NFTs). DeFi is a term that refers to various financial applications that are built on blockchain technology and operate without intermediaries. NFTs are unique digital tokens that represent ownership of digital or physical assets, such as art, music, games, collectibles, etc.
   
   You acknowledge and agree that:

   • DeFi and NFTs are experimental and innovative technologies that are subject to high volatility and risk and may not function as intended or expected. You should only access or use DeFi and NFTs if you understand and accept these risks.
   • You are solely responsible for understanding how DeFi and NFTs work and how they may affect your crypto assets or transactions. We do not provide any explanation, guidance, support, or advice regarding DeFi and NFTs or how they may affect your crypto assets or transactions.
   • You are solely responsible for complying with any applicable laws and regulations that may apply to your access or use of DeFi and NFTs or any transactions that you make through them. We are not responsible for determining whether or how any taxes or reporting obligations apply to your access or use of DeFi and NFTs or any transactions that you make through them.
   • We do not guarantee the availability, functionality, security, performance, legality, quality, accuracy, reliability, suitability, completeness, usefulness, appropriateness, ownership rights, intellectual property rights, or compatibility of any DeFi and NFTs features or products that you access or use through the Services or any transactions that you make through them. We may suspend, limit, modify, or terminate your access to or use of any DeFi and NFTs features or products that you access or use through the Services at any time without notice or liability to you.

7. Prohibited Activities

   You agree not to engage in any of the following activities in connection with your access to or use of the Services:

   • Violate any applicable law or regulation;
   • Infringe or violate the rights of any third party;
   • Impersonate any person or entity;
   • Create more than one account;
   • Use another person's account without their permission;
   • Sell, transfer, or assign your account or any rights or obligations under these Terms;
   • Use the Services for any illegal, fraudulent, malicious, or harmful purpose;
   • Interfere with, disrupt, damage, or compromise the security, integrity, availability, or performance of the Services, our servers, networks, systems, data, or property;
   • Attempt to gain unauthorized access to the Services, our servers, networks, systems, data, or property;
   • Use any automated means, such as bots, scripts, scrapers, crawlers, spiders, etc., to access, monitor, collect, harvest, scrape, store, copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or exploit any part of the Services, our servers, networks, systems, data, or property;
   • Reverse engineer, decompile, disassemble, modify, adapt, translate, create derivative
   • works from, or otherwise attempt to derive the source code of any part of the Services;
   • Introduce any viruses, worms, Trojans, logic bombs, ransomware, spyware, adware, malware, or other harmful code into the Services;
   • Transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, phishing emails, or other forms of solicitation through the Services;
   • Post, upload, share, submit, or otherwise make available any content that is unlawful, defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive, misleading, offensive, racist, sexist, homophobic, transphobic, xenophobic, hateful, or otherwise objectionable or inappropriate;
   • Violate the rights of any third party, including intellectual property rights, privacy rights, publicity rights, or contractual rights;
   • Harm or exploit any person or group, especially minors, in any way;
   • Encourage or promote any illegal or immoral activity, or any violence, discrimination, or bigotry;
   • Interfere with the use and enjoyment of the Services by other users;
   • Attempt to do any of the foregoing or assist, permit, or encourage anyone else to do any of the foregoing.

   We reserve the right to monitor, review, investigate, and take appropriate action against any user who violates these Terms or engages in any prohibited activity. We may remove or disable access to any content that violates these Terms or is otherwise objectionable. We may also suspend, limit, modify, or terminate your access to or use of the Services at any time without notice or liability to you.

8. Third-Party Content and Services

   The Services may contain links to or integrations with third-party websites, applications, products, services, content, information, or resources (collectively, "Third-Party Content and Services"). Such Third-Party Content and Services are not under our control and we are not responsible for them. We provide these links and integrations only as a convenience and do not endorse, sponsor, recommend, approve, guarantee, warrant, or make any representations about any Third-Party Content and Services. You access and use any Third-Party Content and Services at your own risk and subject to the terms and conditions of such third parties. We are not liable for any loss or damage that may arise from your access or use of any Third-Party Content and Services.

9. Intellectual Property Rights

   We own all rights, title, and interest in and to the Services and all related intellectual property rights, including trademarks, logos, service marks, trade names, domain names, designs, graphics, images, icons, buttons, text, data, software, code, and other materials (collectively, the "Ivorypay Materials"). The Ivorypay Materials are protected by various laws and treaties around the world, including copyright, trademark, patent, trade secret, and other intellectual property laws. You do not acquire any rights, title, or interest in or to the Ivorypay Materials except as expressly granted in these Terms.
   
   We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and the ivorypay Materials solely for your personal or internal business purposes in accordance with these Terms. You may not use the Services or the ivorypay Materials for any other purpose without our prior written consent. You may not
   
   reproduce, copy, modify, adapt, translate, create derivative works from, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or exploit any part of the Services or the Ivorypay Materials except as expressly permitted by these Terms or applicable law. You may not remove, alter, obscure, or interfere with any copyright, trademark, or other proprietary notices that appear on or in the Services or the ivorypay Materials. You may not use any ivorypay Materials in a manner that suggests an association with us or our products or services unless you have our prior written consent. You may not use any ivorypay Materials in a manner that is likely to cause confusion, mislead, deceive, or infringe the rights of any third party.
   
   All rights not expressly granted to you in these Terms are reserved by us and our licensors.

10. Feedback

    We welcome your feedback, suggestions, ideas, comments, questions, or other information regarding the Services ("Feedback"). You acknowledge and agree that:

    • You are not required to provide us with any Feedback;
    • Any Feedback that you provide us is voluntary and non-confidential;
    • We may use any Feedback for any purpose without any obligation or compensation to you;
    • We may disclose any Feedback to anyone without any obligation or compensation to you;
    • You grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, sublicensable license to use, copy, modify, adapt, translate, create derivative works from, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or exploit any Feedback that you provide us;
    • You waive any moral rights that you may have in any Feedback that you provide us;
    • You represent and warrant that you have all rights and authority necessary to provide us with any Feedback that you provide us;
    • You will not provide us with any Feedback that violates these Terms or any applicable law or regulation;
    • You will not provide us with any Feedback that infringes or violates the rights of any third party;
    • You will not provide us with any Feedback that is unlawful, defamatory, libelous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive, misleading, offensive, racist, sexist, homophobic, transphobic, xenophobic, hateful, or otherwise objectionable or inappropriate.

11. Disclaimer of Warranties

    The services and the ivorypay materials are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any other warranties arising from course of dealing or usage of trade. We do not warrant that the services or the ivorypay materials will be uninterrupted, secure, accurate, complete, useful, functional, error-free, or free of viruses or other harmful components. we do not warrant that the services or the Ivorypay materials will meet your requirements or expectations. We do not warrant that any crypto assets, Defi, NFTs, or transactions that you access or use through the services will be available, functional, secure, accurate, complete, useful, legal, appropriate, or error-free. We do not warrant that any fees or taxes that may apply to your use of the services or any transactions that you make through the services will be accurate, complete, or compliant with any applicable laws or regulations. We do not warrant that any third-party content and services that you access or use through the services will be available, functional, secure, accurate, complete, useful, legal, appropriate, or error-free.

    Your access to and use of the services and the ivorypay materials is at your own risk and discretion. you are solely responsible for any loss or damage that may arise from your access to or use of the services or the ivorypay materials. you are solely responsible for any loss or damage that may arise from your access to or use of any crypto assets, Defi, NFTs, or transactions that you access or use through the services. you are solely responsible for any loss or damage that may arise from your access to or use of any third-party content and services that you access or use through the services

    Some jurisdictions do not allow the exclusion or limitation of certain warranties, so some of the above exclusions or limitations may not apply to you

12. Limitation of Liability

    To the maximum extent permitted by applicable law, in no event will we or our affiliates, directors, officers, employees, agents, contractors, licensors, or suppliers be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages of any kind arising out of or in connection with your access to or use of the services or the ivorypay materials, including but not limited to loss of profits, revenue, data, goodwill, or other intangible losses, even if we have been advised of the possibility of such damages. In no event will our total liability to you for all claims arising out of or in connection with your access to or use of the services or the ivorypay materials exceed the greater of

    • one hundred u.s. dollars ($100) or
    • the amount of fees that you have paid us in the past twelve months.

    The limitations of liability in this section will apply to the maximum extent permitted by applicable law, regardless of the form or cause of action, whether in contract, tort, negligence, strict liability, or otherwise, and even if a remedy fails of its essential purpose.

    Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions or limitations may not apply to you

13. Indemnification

    You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, agents, contractors, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with:

    • Your access to or use of the Services or the Ivorypay Materials;
    • Your breach or violation of these Terms or any applicable law or regulation;
    • Your infringement or violation of the rights of any third party;
    • Any Feedback that you provide us;
    • Any crypto assets, DeFi, NFTs, or transactions that you access or use through the Services;
    • Any third-party content and services that you access or use through the Services.

    We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification by you. You agree to cooperate with us in our defense of any such matter. You agree not to settle any such matter without our prior written consent.

14. Termination

    These Terms will remain in effect until terminated by either you or us. You may terminate these Terms at any time by discontinuing your access to and use of the Services and deleting your account. We may terminate these Terms at any time without notice or liability to you if we determine that you have violated these Terms or any applicable law or regulation, or if we decide to discontinue the Services or any part thereof.

    Upon termination of these Terms for any reason:

    • Your license to access and use the Services and the Ivorypay Materials will immediately cease;
    • You will lose access to your account and any crypto assets stored therein;
    • You will stop using any Ivorypay Materials and delete any copies thereof from your devices;
    • Any fees or taxes that you owe us will become immediately due and payable;
    • Any rights or obligations that by their nature should survive will survive.

15. Governing Law and Dispute Resolution

    These Terms and any disputes arising out of or in connection with them will be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of laws principles.

    Any disputes arising out of or in connection with these Terms will be resolved by binding arbitration under the rules of the Arbitration Foundation of Southern Africa (AFSA). The arbitration will be conducted by a single arbitrator appointed by AFSA in accordance with its rules. The arbitration will take place in Johannesburg, South Africa. The language of the arbitration will be English. The arbitrator's award will be final and binding on both parties and may be enforced in any court of competent jurisdiction.

    You agree that any arbitration under these Terms will be conducted on an individual basis and not on a class, collective, representative, or consolidated basis. You waive any right to participate in any class action, class arbitration, or other representative action or proceeding against us.

    You agree that any claim or cause of action arising out of or in connection with these Terms must be brought within one year after such claim or cause of action arose; otherwise, such claim or cause of action is permanently barred.

    Some jurisdictions do not allow the exclusion or limitation of certain rights or remedies, so some of the above exclusions or limitations may not apply to you.

16. General Provisions

    These Terms constitute the entire agreement between you and us regarding your access to and use of the Services and supersede any prior agreements between you and us on such subject matter. These Terms may not be modified or amended except by a written document signed by both parties or as otherwise provided herein.

    Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.

    You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms or any rights or obligations hereunder without your consent.

    These Terms do not create any partnership, joint venture, employment, or agency relationship between you and us. You have no authority to bind us in any way.

    We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Services. You agree that such notices will be effective and sufficient.

    You agree that we may communicate with you electronically regarding the Services and any other matters relating to your relationship with us. You agree that electronic communications will satisfy any legal communication requirements, including that such communications be in writing.

    If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at contact@ivorypay.io