Last Updated: Feb 11, 2026
Blind Pay, Inc. Version 1.0.2
These Terms of Service ("Terms") govern your use of the software, systems, and technology platform provided by Blind Pay, Inc. ("BlindPay," "we," "us," or "our"), which enables access to stablecoin and payment services offered by licensed Payment Vendors through the BlindPay platform (the "BlindPay Services"). BlindPay is a technology company and does not itself engage in money transmission, hold customer funds, or provide banking services.
BlindPay operates on a Business-to-Business-to-Consumer (B2B2C) model. We partner with businesses ("Partners") who integrate our services into their platforms to provide stablecoins services to their customers ("Customers"). To facilitate money movement and compliance functions, we work with financial institutions and service providers ("Payment Vendors"). Use of certain BlindPay Services may require your acceptance of additional terms from our Payment Vendors, including Veem Inc. and Veem Payments Inc., a licensed money transmitter in applicable U.S. jurisdictions, (collectively, "Veem").
By accessing or using the BlindPay Services, you agree to be bound by these Terms. If you are accessing the BlindPay Services on behalf of a business (a "Business User"), these Terms apply to both you and the business.
IMPORTANT: THESE TERMS CONTAIN AN ARBITRATION PROVISION IN SECTION 9. ALL DISPUTES WILL BE RESOLVED BY BINDING ARBITRATION AND YOU WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
Our Privacy Policy explains how we collect and use personal data you share with us. Each time you visit our website, apply for an account with us ("BlindPay Account"), or use the BlindPay Services, you consent to our collection, use, and disclosure of your personal data as outlined in our Privacy Policy. Your consent applies for as long as you use the BlindPay Services.
1.1. Partner Relationship. BlindPay offers its services through Partners that integrate BlindPay services with their own platforms. To open a BlindPay Account, you must have an active account with a Partner ("Partner Account"). You will also have to accept terms of use with such partners directly to receive such services.
1.2. Eligibility Requirements. To use a BlindPay Account, you must: a) be at least 18 years old (or the age of majority in your jurisdiction); b) have the legal capacity to accept these Terms; c) have an active Partner Account; and d) be a legal resident of a country where BlindPay operates.
If you are opening a BlindPay Account for a business, you warrant that you are duly organized, authorized to conduct business, have authority to bind the business, and will use the services only for lawful business purposes.
1.3. Restricted Locations. We cannot provide a BlindPay Account if you are in a location where we do not offer our services ("Restricted Locations"). We may change the list of Restricted Locations at any time without prior notice.
1.4. Identity Verification. We require personal data to verify your identity and process your application. Federal law requires verification of certain information before your account is fully active. Our Partner may share this data with us with your permission, or we may collect it directly from you. This data includes name, address, date of birth, government identification, beneficial ownership information, business details, and other information as required. A comprehensive list of the data we collect and how we use it is available in our Privacy Policy. Your data must always be accurate and up-to-date.
1.5. Identity Authentication. You authorize BlindPay, directly or through third parties, to verify your identity and business information. This may include requesting documentation, credit reports, database checks, or other verification methods. We may request updated information at any time, including details on beneficial owners, principals, or business activities. Failure to comply may result in suspension or termination.
1.6. Account Security and Responsibility. You are responsible for all activity under your BlindPay Account, including by representatives or authorized users. You must safeguard your login credentials and notify us and your Partner immediately of any suspected fraudulent activity or unauthorized access. Neither we nor our Partners are responsible for unauthorized access to your BlindPay Account prior to your notice to us.
2.1. Payment Processing Services. BlindPay provides technology infrastructure and APIs that enable Partners to connect their customers to Payment Vendors. Payment Vendors, including Veem Inc., are payment processors and licensed money transmitters, acting as an "agent of payee," providing accounts receivable services to collect and transfer funds on behalf of receivers, and accounts payable services on behalf of senders. Our Payment Vendors include licensed money transmitters in applicable U.S. jurisdictions. Except for our limited role in processing payments you authorize or initiate, BlindPay does not maintain custody or control of any funds and is not involved in the underlying transaction between you and third parties. BlindPay is not a bank and does not provide traditional banking services.
2.2. Wallet Creation and Custody. By using the BlindPay Services, you consent to have wallets created on your behalf by Partners. You acknowledge and agree that the Partners will maintain custody of any wallets created for you, and that you will not have direct access to these wallets or their private keys.
2.3. Wallet Services. This wallet permits you to hold a balance of funds that may be used to send payments, transfer to your linked bank account or debit card, or use for other authorized transactions via Payment Vendor and Partner services. Wallets are established and maintained by Payment Vendors or Partners; BlindPay provides only the technology interface to access wallet services and does not itself establish, maintain, or control any wallets or wallet funds.
a) Custody: Wallet funds are held in custodial accounts owned by Partners or our Payment Vendors for the benefit of users, and may be commingled. You are the beneficial owner of your funds.
b) FDIC Eligibility: BlindPay is not a bank or an FDIC-insured depository institution. Wallet funds held by our Payment Vendors, including Veem, may be held at FDIC-insured banks (including Citibank, N.A.) and may be eligible for FDIC pass-through insurance subject to applicable rules and limits. Not all funds are guaranteed to be FDIC-insured. You should not rely on FDIC insurance to protect your funds, and BlindPay makes no representation regarding the availability or adequacy of such insurance.
c) No Interest: You will not receive interest on balances.
d) Funds in Settlement Process: Partners and Payment Vendors may hold funds in settlement in custodial accounts for the benefit of users. These funds are not corporate assets and are not available to Partners' or Payment Vendors' creditors.
2.4. Virtual Accounts. You consent that Payment Vendors, using BlindPay's technology infrastructure, may generate virtual accounts for you in the United States or other jurisdictions for the purpose of facilitating transactions. A virtual account may be a U.S. bank account number or other identifier that enables you to receive deposits and to use the balance for payments made through Payment Vendors. BlindPay does not create, administer, or control virtual accounts.
a) Purpose: Virtual accounts allow you to receive payments from third parties and to use the deposited funds as a source of payment for transactions initiated through BlindPay. You may not use a virtual account as a general checking account; all withdrawals, transfers, or bill payments must be executed through BlindPay's Services.
b) Custody: Funds received into a virtual account are credited to your wallet under Section 2.3 and treated as wallet funds.
c) Administration: Depending on the jurisdiction or banking partner, a virtual account may be administered either (i) as a sub-account of BlindPay's or a Payment Vendor's custodial accounts or (ii) as a separately administered account in your name with a partner bank. In either case, your rights and obligations under these Terms are the same, and all funds received into a virtual account are functionally treated as Wallet funds.
d) Use Restrictions: Virtual accounts may only be used for lawful business purposes. You may not use a virtual account for transactions with unknown or untrusted counterparties, or as a substitute for a full checking account, including writing checks, accepting external wire instructions, or attempting to access overdraft or credit features.
e) Monitoring: All deposits are subject to compliance review. BlindPay and our Payment Vendors may reject, delay, or reverse deposits that fail anti-money laundering (AML), sanctions, fraud, or other compliance checks.
f) Currency Conversion: Deposits may be held in USD or converted into other supported currencies in your Wallet per your instructions, subject to foreign exchange fees.
g) Termination: BlindPay or our Payment Vendors may revoke or reassign virtual accounts at any time. Upon account closure, your virtual account will be deactivated immediately.
2.5. Connected Accounts and Wallets. To buy and sell stablecoins, you must provide at least one bank account ("Connected Account") and one stablecoins wallet address ("Wallet") if you wish to withdraw stablecoins. Your Connected Account must be under your sole possession and control.
2.6. Monitoring. As part of our compliance program, BlindPay monitors the use of your BlindPay Account and your access to BlindPay's technology services. Payment Vendors may separately conduct monitoring of your Connected Account, Wallet, virtual accounts, and transaction activity as required under applicable anti-money laundering laws and regulations. BlindPay may review personal data to support platform integrity and may share information with Payment Vendors to assist in the prevention of financial crimes.
2.7. User Responsibility. You are solely responsible for monitoring your Connected Account, Wallet, and virtual accounts for unauthorized activities. You must review your account activity regularly and notify BlindPay and your Partner of errors or unauthorized transactions promptly. BlindPay will investigate and correct processing errors but is not responsible for unauthorized use of your credentials prior to your notice.
3.1. Funding Sources. You may fund transactions through bank transfers (including ACH), debit or credit cards, wallet balance, virtual account deposits, or other methods we make available.
3.2. ACH Authorization. You authorize our Payment Vendors to initiate electronic debits and credits to and from your designated bank account(s) via the Automated Clearing House ("ACH") network in accordance with your instructions. BlindPay's technology transmits your instructions to Payment Vendors but does not itself initiate any fund transfers. This authorization includes:
a) Resubmission of ACH debits returned for insufficient or uncollected funds;
b) Debits necessary to recover fees, reversals, chargebacks, or other amounts you owe to BlindPay or our Payment Vendors;
c) Credits for refunds, reversals, or other amounts owed to you.
You agree to maintain sufficient funds in your bank account to satisfy your obligations and to reimburse BlindPay and our Payment Vendors for costs incurred as a result of returned debits. Your authorization remains in effect while you maintain a BlindPay Account. You agree to be bound by the rules of the National Automated Clearing House Association (NACHA).
3.3. Credit and Debit Card Payments. You may fund transactions using an eligible credit or debit card. Payment Vendors may charge a fee for card-funded payments, which will be disclosed at the time of transaction. By adding a card to your account, you represent that you are authorized to use it and authorize our Payment Vendors to initiate charges in accordance with your instructions, including adjustments for errors. BlindPay may separately charge technology platform fees for facilitating such transactions.
BlindPay or our Payment Vendors may place temporary authorization holds to confirm card validity. By submitting a card-funded payment, you confirm that the underlying goods or services have been received to your satisfaction and waive any future disputes with BlindPay or our Payment Vendors relating to the quality or timeliness of those goods or services.
Card-funded payments are subject to limitations imposed by card networks and issuers. Certain industries or recipient categories may not be permitted. Your issuer may treat a payment as a cash advance, which could result in additional fees, changes to interest rates, or reduced rewards. You remain responsible for any reversals, chargebacks, or costs associated with your use of a card as a funding source. BlindPay and our Payment Vendors are not responsible for the classification of transactions by your issuer, or for any related fees or impacts on your card program.
3.4. Sending and Receiving Payments. You may use the BlindPay Services to pay for or receive payments related to goods and services, as well as for documented intercompany transfers between affiliated entities. All transfers must be properly documented, lawful, and compliant with these Terms and applicable law.
3.5. Payment Reviews and Holds. BlindPay and our Payment Vendors may place a hold, delay, or cancel a payment pending review for fraud, money laundering, sanctions, or other compliance reasons. We will make reasonable efforts to notify you of any such action.
3.6. Refused and Refunded Transactions. A receiver is not required to accept a payment. Unclaimed or refused payments will be returned within a reasonable time. Payments may be reversed for insufficient funds, fraud, disputes, or errors. Refunds will be returned to the original source or to your BlindPay Wallet.
3.7. Instant Deposit. If available, settlement speed depends on your bank and the Payment Vendor used. Fees may apply and will be disclosed at the time of transaction.
4.1. Consent to Information Sharing. You consent that all information provided by you or collected about you may be shared:
a) with your Partner;
b) with Payment Vendors that are integrated with BlindPay infrastructure;
c) with regulatory authorities; and
d) as otherwise required for compliance and money movement purposes.
4.2. Partner API Access. Partners will use BlindPay APIs to perform actions including but not limited to creating Wallets and virtual accounts on behalf of their Customers. Customers acknowledge that their Partner has this capability when they consent to these Terms.
4.3. Payment Vendors. BlindPay works with Payment Vendors, including Veem, to facilitate money movement, identity verification, fraud prevention, and regulatory compliance. These Payment Vendors enable transactions to be processed on behalf of Customers. By using BlindPay Services, you acknowledge and consent that:
a) Payment Vendors are separate and independent companies providing a service to BlindPay and therefore BlindPay makes no representations, warranties, or covenants with respect to such Payment Vendors and disclaims all liability associated with its use of any Payment Vendors;
b) BlindPay may share your information with these Payment Vendors as necessary;
c) Payment Vendors may have their own terms of service that apply to their processing of your information and transactions, and you may be required to accept such terms to use certain features;
d) With respect to services provided by Veem, Veem's Terms of Use are incorporated herein by reference, and in the event of any conflict between these Terms and Veem's Terms of Use solely as to Veem-provided services, Veem's Terms of Use shall control;
e) Payment Vendors move money on your behalf, and BlindPay's technology facilitates the transmission of your instructions to Payment Vendors, but BlindPay does not itself move, transmit, or control any funds; and
f) Payment Vendors may impose additional requirements or restrictions as required by their policies or applicable regulations.
5.1. Customer Termination. Customers can terminate their BlindPay Account at any time through their Partner. Terminating your account does not affect any rights or obligations that arose prior to termination.
5.2. Partner Account Freezing. Partners consent that their account may be frozen if any suspicious activity is identified from any Customer added to their account. This may include, but is not limited to, suspected fraud, money laundering, terrorist financing, or other illegal activities.
5.3. BlindPay and Payment Vendor Termination Rights. BlindPay reserves the right to suspend or terminate any Partner or Customer's access to BlindPay's technology platform at any time for compliance, security, or other reasons. Payment Vendors reserve the right to suspend or terminate any Wallet or virtual account in accordance with their terms. Except in urgent cases involving suspected fraud, money laundering, sanctions violations, or other legal obligations, we shall when possible provide at least five (5) business days' prior written notice before suspension or termination. We will make reasonable efforts to notify the affected party through their Partner Account or via email.
5.4. Security Interest and Setoff. BlindPay and our Payment Vendors may offset amounts owed from your BlindPay Wallet or incoming funds. You grant BlindPay and our Payment Vendors a security interest in Wallet funds to secure payment of any amounts you owe.
5.5. Collection of Amounts Owed. You remain liable for negative balances, reversals, fees, and any other amounts owed to BlindPay or our Payment Vendors, even after account termination. BlindPay and our Payment Vendors may pursue collection through any lawful means.
6.1. Supported Digital Assets. In addition to fiat currency, our technology infrastructure supports the transfer of specific digital assets ("Digital Assets") through Payment Vendors. A list of supported Digital Assets is available in your Partner Account. BlindPay does not itself transfer, transmit, or take custody of any Digital Assets.
6.2. Chain Disclaimer. BlindPay does not operate, own, or control any blockchain networks ("chains"). Chains may change their operational rules without notice, and third parties may create copies ("Forks"), resulting in multiple versions of a chain.
6.3. Fork Policy. BlindPay does not support any kind of stablecoins or any digital assets from any forked chain unless explicitly stated otherwise.
6.4. Chain Risks. We are not responsible for chains, and you assume all risks when buying or selling stablecoins. We do not guarantee the functionality or security of chains.
6.5. Risk Acknowledgment. There are many risks associated with buying and selling stablecoins, including but not limited to market volatility, regulatory changes, and technical vulnerabilities. By using BlindPay services, you indicate that you understand and accept these risks.
7.1. Prohibited Businesses. Blind Pay, Inc. will not onboard businesses associated with Politically Exposed Persons (PEPs). If a PEP is identified during the onboarding process or ongoing monitoring, Blind Pay will offboard the customer immediately. Furthermore, certain types of businesses are prohibited from onboarding with Blind Pay. You can find the complete list of prohibited businesses on this page.
7.2. High-Risk Businesses. High-risk businesses such as Money Service Businesses (MSBs), Casinos, and Gambling may be onboarded only after a manual review and approval process. These businesses must provide their AML policy and other relevant documents for evaluation.
7.3. Prohibited Use. You may not use the BlindPay Services, including the BlindPay Wallet or any virtual account, for any activities that are illegal, fraudulent, abusive, or otherwise prohibited. Without limitation, you may not:
a) Illegal Activities: Use the Services for any unlawful purpose or in violation of any applicable law, regulation, or governmental requirement, including laws relating to money laundering, terrorist financing, sanctions, bribery, corruption, consumer protection, and fraud.
b) Prohibited Businesses and Industries: Use the Services in connection with any industry, business type, or activity identified as prohibited in our acceptable use policy or prohibited businesses list, as updated from time to time.
c) Sanctions and Embargoes: Use the Services in or for the benefit of a country, entity, or person embargoed, restricted, or blocked by any government, including OFAC lists.
d) Unauthorized Third-Party Transactions: Use the Services to transmit or receive funds on behalf of undisclosed or unauthorized third parties.
e) Consumer or Personal Use: Use the Services for personal, family, or household purposes where your account is registered for business use.
f) Circumvention of Controls: Attempt to bypass, evade, or interfere with BlindPay's or Payment Vendors' monitoring, transaction limits, or security measures.
g) Transactions with Unknown or Untrusted Parties: Conduct transactions with individuals or entities you do not know or reasonably trust.
h) Deceptive or Harmful Conduct: Use the Services in a way that is deceptive, misleading, unfair, abusive, defamatory, obscene, or otherwise harmful to BlindPay, Payment Vendors, users, or third parties.
8.1. Fees. All fees, including transaction fees, Wallet withdrawal fees, virtual account deposit fees, foreign exchange fees, and other applicable charges, will be disclosed at the time of transaction or published on BlindPay's pricing page. Fees improperly charged as a result of an error by BlindPay or a Payment Vendor shall be fully refundable.
8.2. Taxes. You are responsible for determining and remitting applicable taxes on your transactions. BlindPay does not calculate, collect, or remit taxes on your behalf. You should consult with a tax professional regarding your tax obligations.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
9.1. Agreement to Arbitrate. You and BlindPay agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the BlindPay Services (collectively, "Disputes") will be resolved solely by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules or Consumer Arbitration Rules (as applicable), and not in a class, representative, or consolidated action or proceeding. This agreement to arbitrate is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. This arbitration agreement also applies to any dispute between you and BlindPay's Payment Vendors arising out of or relating to services provided through the BlindPay platform.
9.2. Small Claims Court Option. Notwithstanding Section 9.1, either you or BlindPay may bring an individual action in small claims court if the claim qualifies and so long as the action remains in that court and is brought on an individual basis.
9.3. Waiver of Jury Trial. YOU AND BLINDPAY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and BlindPay are instead electing that all Disputes will be resolved by arbitration under this Section 9. An arbitrator can award on an individual basis the same damages and relief as a court and must follow these Terms as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
9.4. Waiver of Class Actions and Class Arbitrations. ALL DISPUTES SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING ("CLASS ACTION"). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND BLINDPAY ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
9.5. Arbitration Procedures. The arbitration will be conducted under the Commercial Arbitration Rules or Consumer Arbitration Rules (as applicable) of the American Arbitration Association ("AAA") then in effect, except as modified by this Section 9. The AAA's rules and filing instructions are available at www.adr.org or by calling 1-800-778-7879.
Any arbitration hearing will take place in Dover, Delaware, unless we both agree to another location, video conference, or telephone hearing. If your claim is $25,000 or less, you may elect document-only, telephonic, video conference, or in-person hearings. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award.
9.6. Fees and Costs. If your claim is less than $10,000, BlindPay will reimburse your AAA filing fee and pay the arbitrator's and AAA's fees and expenses, unless the arbitrator determines the claim was frivolous or brought for an improper purpose. You are responsible for your own attorneys' fees unless applicable law or the arbitrator's award provides otherwise. If the arbitrator issues an award in your favor that is greater than the value of BlindPay's last settlement offer (or if BlindPay made no settlement offer), BlindPay will pay you the amount of the award or $10,000, whichever is greater, plus reasonable attorneys' fees.
9.7. Exception for Intellectual Property and Injunctive Relief. Notwithstanding the foregoing, nothing in these Terms will be deemed to waive, preclude, or otherwise limit either party's right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a court of law in aid of arbitration, or (iv) file suit in a court of law to address intellectual property infringement claims.
9.8. Judicial Forum for Non-Arbitrable Claims. If this arbitration agreement is found to be unenforceable as to any particular claim or request for relief, then only that claim or request for relief shall be brought in court, and you and BlindPay agree that any judicial proceedings (other than small claims actions) will be brought solely in the state or federal courts located in Dover, Delaware. You and BlindPay consent to venue and personal jurisdiction there.
9.9. Opt-Out Right. You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to policy@blindpay.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other terms of these Terms will continue to apply, but neither you nor BlindPay can require the other to participate in an arbitration proceeding.
9.10. Survival and Severability of Arbitration Provision. This arbitration provision shall survive changes in these Terms, termination of your BlindPay Account, and termination of the relationship between you and BlindPay, including the bankruptcy of any party and any sale, assignment, or transfer of your account or amounts owed on your account to another person or entity. If any part of this arbitration provision is deemed invalid or unenforceable, the other terms shall remain in force, except that there can be no arbitration of a class or representative claim. This arbitration provision may not be amended, severed, or waived except as provided in these Terms or in a written agreement signed by BlindPay.
9.11. Batch Arbitration. If twenty-five (25) or more claimants submit Demands for Arbitration raising substantially similar claims, and counsel for the claimants are the same or are coordinated, all such claims shall be considered "Mass Arbitration Claims" and shall be resolved through staged proceedings as follows: (a) Counsel for the claimants and counsel for BlindPay shall each select up to five (5) claims to proceed first in individual arbitrations as "bellwether" cases (for a total of up to ten (10) bellwether cases); (b) No other Mass Arbitration Claims may be filed or proceed in arbitration until the bellwether cases are resolved; (c) Following resolution of the bellwether cases, the parties shall engage in a single mediation of all remaining Mass Arbitration Claims, with BlindPay paying the mediator's fees; (d) If the mediation does not result in resolution of all remaining claims, the remaining claims may proceed in arbitration, with the results of the bellwether cases being non-binding but available for consideration by the arbitrator(s). The statute of limitations and any filing fee deadlines shall be tolled for all Mass Arbitration Claims from the time the first bellwether cases are selected until your claim may proceed individually. This provision is designed to provide an efficient resolution of claims and does not prevent you from pursuing your individual claim; it only sequences the proceedings.
10.1. Indemnification. You agree to defend, indemnify, and hold harmless BlindPay, its Payment Vendors, and their respective affiliates, officers, directors, employees, agents, and service providers (collectively, "Indemnified Parties") from and against any claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or related to:
a) your breach of these Terms or violation of applicable law;
b) your use of the BlindPay Services, including any transactions you submit;
c) your obligation to pay fees or other amounts owed to BlindPay, Payment Vendors, or third parties;
d) negligence, fraud, or willful misconduct by you, your employees, contractors, agents, or representatives;
e) any third-party claim relating to goods or services you offer, sell, or purchase using the Services, or to data or content you provide;
f) any regulatory investigation, inquiry, audit, or enforcement action arising from your use of the BlindPay Services or your violation of applicable law;
g) any claim by a Payment Vendor arising from your breach of that Payment Vendor's terms of service or your use of services provided by such Payment Vendor.
10.2. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INDEMNIFIED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOSS OF DATA, OR DAMAGES ARISING FROM HACKING, TAMPERING, UNAUTHORIZED ACCESS, SYSTEM INTERRUPTIONS, DELAYS, TRANSMISSION FAILURES, SOFTWARE BUGS, VIRUSES, OR THE ACTIONS OR OMISSIONS OF THIRD PARTIES (INCLUDING PAYMENT VENDORS).
BLINDPAY'S TOTAL CUMULATIVE LIABILITY TO YOU IS LIMITED TO THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID TO BLINDPAY BY YOU IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED DOLLARS ($500), IN ADDITION TO REFUNDING THE AFFECTED TRANSFER AMOUNT AND ANY BLINDPAY FEES DIRECTLY CHARGED ON THAT TRANSACTION.
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF BLINDPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10.3. Disclaimer of Warranties. THE BLINDPAY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BLINDPAY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE SERVICES AT YOUR OWN RISK.
10.4. Force Majeure. BlindPay and Payment Vendors are not liable for delays or failures beyond our reasonable control, including natural disasters, labor disputes, telecommunications failures, acts of government, war, terrorism, pandemics, cyberattacks, blockchain network failures or congestion, stablecoin issuer actions, smart contract failures, or interruptions to third-party services, regulatory actions, or changes in applicable law that prevent or delay performance.
10.5. Disclaimer of Reliance. Any information presented on or through the BlindPay Services, including but not limited to exchange rates, transaction fees, processing times, stablecoin prices, market data, and transaction estimates, is made available solely for general informational purposes. BlindPay does not warrant the accuracy, completeness, timeliness, or usefulness of any such information. Actual transaction terms, fees, and processing times may vary from any estimates or quotes provided. BlindPay disclaims all liability and responsibility arising from any reliance placed on such information by you, your customers, or any third party. You are solely responsible for independently verifying any information before making financial decisions or entering into transactions.
11.1. Changes to Services. BlindPay and Payment Vendors may change, suspend, or discontinue any part of the Services at any time, with or without notice. We will make reasonable efforts to provide advance notice of material changes that negatively affect your use of the Services.
11.2. Modification of Terms. We reserve the right to modify these Terms at any time. We will provide notice of any material changes through your Partner Account, via email, or by other means. Your continued use of the BlindPay Services after such notice constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and may terminate your account.
12.1. Privacy. Use of the BlindPay Services is subject to BlindPay's Privacy Policy, which is incorporated by reference into these Terms.
12.2. Intellectual Property. All rights in BlindPay's software, website, APIs, documentation, and technology remain with BlindPay or its licensors. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services as needed for your authorized use. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
13.1. Governing Law. These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions, except that the arbitration agreement in Section 9 shall be governed by the Federal Arbitration Act.
13.2. Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
13.3. Assignment. These Terms are not assignable, transferable, or sublicensable by you except with BlindPay's prior written consent. BlindPay may assign, transfer, or delegate any of its rights and obligations hereunder without consent.
13.4. Entire Agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and BlindPay regarding the use of the BlindPay Services and supersede all prior or contemporaneous communications and agreements.
13.5. No Waiver. BlindPay's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of BlindPay.
13.6. Notices.
To You: BlindPay may provide notices by email to the address associated with your account, by electronic posting through your Partner Account, by posting on our website, or by mail to the address we have on file for you.
To BlindPay: Legal notices must be sent in writing to:
Blind Pay, Inc.
Attention: Legal Department
8 The Green, #19364
Dover, DE 19901 US
Email: policy@blindpay.com
13.7. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE BLINDPAY SERVICES, OR YOUR RELATIONSHIP WITH BLINDPAY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. THIS LIMITATION APPLIES REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY AND REGARDLESS OF WHETHER BLINDPAY HAD NOTICE OF THE POTENTIAL CLAIM.
13.8. Electronic Communications Consent. By using the BlindPay Services, you affirmatively consent to receive all communications, agreements, documents, receipts, notices, and disclosures electronically (collectively, "Electronic Communications") that BlindPay or our Payment Vendors provide in connection with your BlindPay Account or the Services. You agree that BlindPay may provide Electronic Communications by posting them on our website, emailing them to the email address associated with your account, sending them through your Partner Account, or by any other electronic means. You agree that all Electronic Communications provided to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive Electronic Communications applies to all Communications from BlindPay and our Payment Vendors. You may withdraw your consent to receive Electronic Communications by contacting us at policy@blindpay.com; however, withdrawal of consent may result in termination of your access to the BlindPay Services. You are responsible for maintaining a valid email address and for regularly checking for Electronic Communications.
13.9. Third-Party Beneficiaries. Payment Vendors integrated with BlindPay, including Veem, are intended third-party beneficiaries of Section 9 (Dispute Resolution and Arbitration), Section 10 (Limitation of Liability and Indemnification), and any other provisions of these Terms that expressly reference or confer rights upon Payment Vendors. Such Payment Vendors shall have the right to enforce such provisions directly against you. Except as expressly set forth in this Section, these Terms do not create any third-party beneficiary rights in any person or entity.
13.10. Cooperation with Law Enforcement and Investigations. BlindPay has the right to fully cooperate with any law enforcement authorities, court order, subpoena, regulatory inquiry, or other legal process requesting or directing us to disclose the identity, account information, transaction history, or other information of any user of the BlindPay Services. YOU WAIVE AND HOLD HARMLESS BLINDPAY, ITS PAYMENT VENDORS, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, OR LIABILITIES RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES, LAW ENFORCEMENT AUTHORITIES, OR REGULATORY AGENCIES. BlindPay shall have no obligation to notify you of any such disclosure or cooperation, except where required by applicable law, and BlindPay shall not be liable for any delay, suspension, or termination of your account or access to the Services in connection with any investigation or legal process.
For any inquiries, requests, or concerns related to these Terms or our services, please contact us using the following information:
Blind Pay, Inc.
8 The Green, #19364, Dover, DE 19901 US
policy@blindpay.com