End User Agreement

Latest update: 05/30/2024

This Agreement is made by and between

"DV PAY”, “We”, “Our”, or “Us” means JAN MARKETING ERP LIMITED, a company incorporated under the laws of Cyprus, with company number HE 467287 and registered office at Giannou Kranidioti & Pargas 9, Floor 1, Flat/Office 102, 1065, Nicosia, Cyprus, and administrate the website https://dv.net/,

and

"Client" or "Clients" are both corporate bodies (legal entities, foundations, associations, etc.) and individuals who are using and/or intend to use the services provided by DV Pay.

Whereas, These Terms describe the conditions that Clients accept and abide by throughout their relationship with DV Pay. It is the Client's responsibility to read and understand these Terms and Conditions and its amendments.

Whereas, The Client understands and acknowledges that DV Pay may change the provisions set forth herein at any time without any prior notice requirement and that the Terms are not, under any circumstance, negotiable. Changes will be published online on DV Pay's websites.

NOW THEREFORE, DV Pay and Client do hereby agree as follows:

Definitions as used in this agreement

"Cryptocurrency" means a type of digital currency based on blockchain technology.

"Digital Assets", for the purposes of these Terms shall include, but shall not be limited to, generally accepted crypto-currencies (e.g. Bitcoin, Ether, etc.) and other forms of tokenized assets (e.g. protocol, utility, and payment tokens, etc.) and all associated contracts and options for present or future delivery of tokenized assets. A tokenized asset is understood as a digital representation of an asset on or off a blockchain.

"Decentralized Exchange" (DEX) is a cryptocurrency exchange that operates decentralized, i.e., without a central authority body. Decentralized exchanges allow peer-to-peer trading of cryptocurrencies.

“DV Pay Account” means, the Clients’ user account maintained on the DV Pay Products displaying Client’s information.

"Fiat Currency" means a legal tender, issued and authorized by a government and a physical commodity does not back that.

“Merchant account” is a type of account for DV pay services that allows businesses to accept payments in multiple ways, established under an agreement between DV pay and the client

"Services" are understood to be services provided through the DV Pay Products, operated by DV Pay or any other service provided by DV Pay.

The Services

DV Pay is a cryptocurrency payment processor. We enable clients to accept cryptocurrency as payment for goods or services, and process cryptocurrency payments that you receive from your customer (Purchaser). We are not a crypto exchange or a place to purchase or sell cryptocurrencies. Our Services are only available to businesses that sell a product or services or to registered charitable organizations that accept donations. By using the Services, you authorize us to act as your agent so we may receive, hold and disburse funds on your behalf and to take any or all actions that we think are necessary to provide the Services and to comply with applicable law. Payment by Purchaser to DV Pay will be considered the same as a payment made directly to Client and will extinguish the Purchaser's outstanding obligation, to the extent of the payment Merchant's Account.

Account Opening

In order to utilize the Services, you are required to create a DV Pay Merchants account. During the account registration process, we will collect contact information such as your first and last name, phone number, email address, and details regarding the ultimate beneficial owner or the most senior individual associated with your organization. Additionally, we will request information about your business, including its legal name, physical address, and website. The information provided during the account opening must be accurate and complete. We may also obtain information about you from third-party sources such as credit bureaus, identity verification services and others. Please note that we reserve the right to decline your account registration or terminate your DV Pay Merchants account if the information provided is inaccurate, incomplete, or unsatisfactory.

Protecting Your Password

Upon registration, you will be prompted to select a password for your account. It is your responsibility to maintain the confidentiality of your password and account access details. You are fully liable for any activities conducted using your password or account. Kindly notify us immediately if you suspect any unauthorized use of your password or account, or if you become aware of any security breaches. Please be aware that if you share your password with others, we cannot be held responsible for any losses incurred as a result of unauthorized use of your password or account, whether or not you were aware of such usage.

While utilizing the DV Pay website or Services, you may encounter services, products, and promotions offered by third-party providers. If you choose to engage with these third-party services, you do so at your own risk and are solely responsible for reviewing, understanding, and complying with their respective terms and conditions. We explicitly disclaim any liability associated with third-party services and are not accountable for their performance or any issues arising from their use.

Security

We have implemented security measures aimed at safeguarding your information from accidental loss and unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized individuals will never gain access to your information. By providing your information, you acknowledge and accept that you do so at your own risk.

Data Collection, Privacy, and Security

In order to provide you with the Services, we may share information pertaining to you and your DV Pay account with third parties. The information that can be shared is the information you provide while creating a DV Pay merchant account. The security of your data is important to us. However, please be aware that no method of transmission over the Internet or method of electronic storage is completely secure. While we make every effort to use commercially acceptable means to protect your personal data, we cannot guarantee its absolute security. For detailed information about your data, we strongly encourage you to read our Privacy Policy.

Termination and Suspension

We reserve the right to terminate your account at our discretion, with notice provided via email or phone communication. Additionally, we may suspend your access to the Services under certain circumstances. These circumstances include suspected non-compliance with our Terms, posing an unacceptable fraud risk, or providing false, incomplete, inaccurate, or misleading information. We shall not be held liable for any losses incurred as a result of account closure or suspension. Furthermore, if your merchant account remains inactive for an extended period, typically exceeding one year, we may suspend your account and disable processing capabilities.

There are certain types of businesses or websites that are not eligible to access DV Pay services. These include:

Terrorist groups or any organization involved in anti-human activities
Websites directly or indirectly associated with illegal activities
Scam (hoax) websites
Websites employing MLM (multi-level marketing) schemes for business promotion
Websites promising unrealistic returns (ROI) to customers

If we detect suspicious activity on your website or associated with your website, we may request additional information. Please note that in such cases, we reserve the right to suspend your account or take legal action without prior notice.

Fees

Merchant Fees: - While open Beta merchant fees are 0%. The Company has a right to unilaterally amend these Terms and Conditions by publishing the updated text on the Website. The Company may notify the Client of these Terms and Conditions’ changes by posting an informational message on the Website.

Charge Changes

We may change fees and other charges of their service and it comes into effect without prior notice to the Client. The vendor's acknowledgment of another Fee Schedule, and the Merchant's proceeds with the utilization of the Service, constitutes the Merchant's acknowledgment of such changes.

Intellectual Property

We retain all rights, titles, and interests in and to the Content and all of DV Pay’s brands, logos, and trademarks. Subject to the terms and states of this Agreement, DV Pay thus allows to Merchant constrained, non-selective, non-transferable permit to use our content with our services.

Confidential Information

Confidential Information (the Receiving Party) from the other party (the Disclosing Party) concurs: (a) to hold the Disclosing Party's Confidential Information in strict certainty, and utilize a similar level of care that it uses to ensure the privacy of its secret data of like kind (however at the very least sensible care); (b) not to utilize any Confidential Information of the Disclosing Party for any reason outside the extent of this Agreement; and (c) aside from as generally approved by the Disclosing Party in composing, to restrain access to Confidential Information of the Disclosing Party to those of its and its Affiliates' workers and temporary workers who require that entrance for purposes reliable with this Agreement and who have consented to classification arrangements with the Receiving Party containing insurances no less stringent

Limitation of Liability

The company, its affiliates, or vendors (including officers, directors, employees, or agents) shall not be held liable for any indirect, incidental, consequential, special, or exemplary damages arising under any circumstances. This includes damages such as lost revenue, lost profits, anticipated profits, business interruption, or harm to business reputation. This limitation of liability applies to all causes of action, whether in tort (including negligence), contract, or any other legal theory, regardless of whether the possibility of such damages was advised.

The total liability of the company to the merchant, whether arising from tort (including negligence), contract, or any other legal theory, under this agreement or in relation to any company products or services, shall not exceed the aggregate compensation received by the company for providing services to the merchant during the six (6) months preceding the date on which the claim arose.