Version 1
Applicable from 04.16.2026
US Terms of Service for Individuals
PREAMBLE
- Whereas MoneyDream desires to provide Services to Client for consideration, subject to disclaimers, disclosures and limitations as set forth herein;
- Whereas Client desires to obtain Services from MoneyDream in exchange for obligations and payment of Fees; and
- Whereas to govern the provision of services, mutual obligations, and liability of the parties, MoneyDream, LLC has established the present Terms for Service ("Terms") for private individuals.
MoneyDream LLC is a limited liability company incorporated under the laws of Delaware, with a registered office address at 16192 Coastal Highway, Lewes, Delaware 19958. ("MoneyDream").
1. GENERAL PROVISIONS
1.1. Services. MoneyDream, through communication protocols and technical bridges, facilitates the provision of ("Services") for the:
- purchase (on-ramping) of crypto-assets using fiat currency,
- sale (off-ramping) of crypto-assets using fiat currency, and
- conversion of crypto to fiat through wallet connected payment card.
1.2. IMPORTANT DISCLAIMERS AND DISCLOSURES.
1.3. CLIENT ACKNOWLEDGES AND UNDERSTANDS THAT MONEYDREAM DOES NOT HOLD LICENSES FOR SERVICES, AND WORKS WITH THIRD PARTY PROVIDERS TO FACILITATE TRANSACTIONS, AND HAS REVIEWED SECTION 8, DETAILING THE SAME.
1.4. THE ARBITRATION CLAUSE IN SECTION 10 GOVERNS RESOLUTION OF CERTAIN DISPUTES AND WAIVES ANY RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
1.5. CLIENT ACKNOWLEDGES THAT CLIENT HAS REVIEWED THE WARRANTY AND LIMITATION DISCLAIMER, AND CONSUMER DISCLOSURES IN SECTION 8.
1.6. Additional Provisions. In addition to the provisions of these Terms, relationships between the parties are regulated and governed by the:
- addendums and notices, and Supplements to these Terms,
- applicable laws and regulations,
- rules and principles of prudence and justice applied to the parties.
1.7. You should also carefully review the privacy notices, disclosures, consents, and other privacy-related information made available by the Company on the Website, in the Profile, or during the relevant Service flow. MoneyDream's handling of Personal Data is governed internally by the Mercuryo Group Global Data Privacy Framework (to the extent applicable to MoneyDream), together with applicable law and any jurisdiction-specific privacy requirements.
1.8. Additional Third Party Terms. Please note that, as part of accessing the Services, you may be required to agree to and accept separate and independent terms and conditions when using the Services of third-party providers and partners' websites involved in provision of the Services. These external terms are established and governed by the respective third parties and are entirely separate from, but in addition to, these terms governing MoneyDream Services and established by MoneyDream. MoneyDream is not responsible for the content, operation, or enforcement of such third-party terms, and you are solely responsible for reviewing and complying with them.
1.9. Except for the express statements set out in these Terms, Client acknowledges that they will not rely on any other statements or understandings, whether written or oral, regarding your use of the Services and System.
1.10. Disclosures. Before applying for MoneyDream Services, please be aware that:
- MoneyDream facilitates execution of transactions through third party providers that have represented to MoneyDream a valid money transmitter licenses across relevant jurisdictions for the services. MoneyDream is not registered to, or licensed to, and is not regulated by any money transmitter regulatory bodies. Any mention of execution of transactions in these Terms is referencing transactions conducted through third party providers and not MoneyDream;
- MoneyDream does not provide custody, management or wallet-hosting services for crypto-assets;
- MoneyDream does not hold, safeguard, or administer your crypto-assets or any private cryptographic keys on your behalf. MoneyDream does not act as a custodian and disclaims any responsibility for the management or security of your wallet or crypto-assets;
- MoneyDream does not control, access, or have the ability to recover your wallet or any crypto-assets held within it. MoneyDream expressly disclaims all responsibility and liability for any loss of access to your wallet, including to losses resulting from private keys, third-party errors, or user mistakes; and
- MoneyDream does not safeguard or hold crypto-assets on your behalf. You are solely responsible for the custody and security of their crypto-assets. Crypto-Assets and Fiat involved with Services are not subject to FDIC (Federal Deposit Insurance Corporation), SIPC (Securities Investor Protection Corporation) or any other asset protection programs. As such, your crypto-assets and Fiat are not protected by any compensation or guarantee by MoneyDream.
1.11. Crypto-Asset Warnings. MoneyDream sets out the following warnings concerning certain risks associated with crypto-assets. You acknowledge, understand, and accept these risks, including, without limitation, the following:
- Buying crypto-assets can be risky, and if circumstances change, the value of a crypto-asset may decrease rapidly. Therefore, you should carefully consider whether trading or holding any crypto-asset is suitable for you in light of their financial condition;
- Slippage. Due to cryptocurrency price volatility and network conditions, the actual amount of cryptocurrency debited from your Linked Wallet may differ slightly from the initial estimate. This difference is known as "slippage". By using the Services, you acknowledge and accept the risk of slippage. If slippage exceeds your slippage tolerance (which you may set in your Account settings, subject to minimum and maximum limits we establish), the Conversion will not be executed, and the Transaction will be declined;
- When deciding to trade or hold crypto-assets, you should be aware that buying, selling or transferring the crypto-assets involves dealing with a digital asset. Like any other digital system, crypto-assets are susceptible to hacking risk or technical issues. This may result in loss of crypto-assets or delays in the ability to sell, transfer or spend them;
- As Client must connect Client's own wallet, MoneyDream is not able to, nor shall it be, responsible for (i) safeguarding or holding your crypto-assets, any private keys or any other security information required to access the crypto-assets and (ii) any loss of crypto-assets resulting from theft, loss, or mishandling of private keys or security information outside MoneyDream control;
- Every purchase and sale of crypto-assets is executed and confirmed by the network associated with that crypto-asset. Confirmation usually takes less than one hour but can sometimes take a day or more. An order is not considered complete until it is confirmed by the relevant network. Crypto-assets linked to orders in a pending state will be designated accordingly; and
- MoneyDream is not responsible for any risks or issues arising from the use of crypto-assets, including but not limited to: (i) unknown or inherent technical flaws, (ii) changes in laws or regulations, and (iii) any fluctuations in crypto-asset value.
1.12. By proceeding with registration for MoneyDream Services you confirm and agree that they have read, understood and accepted the risks outlined herein. Except for the specific representations made in these Terms, you acknowledge and agree that it has not relied on any other statements or understandings, whether written or verbal, in connection with the use of the Services by you.
1.13. MoneyDream does not provide services to individuals:
- That are:
- under the age of 18;
- citizens or residents (also tax residents) of the countries recognized by MoneyDream as non-cooperative, due to economic sanctions imposed, high AML/CTF risk the country poses, tax evasion reasons etc., where MoneyDream does not provide the Services;
- not US citizens or residents (also tax residents);
- identified on any applicable sanctions list, including but not limited to the United Nations, the European Union, the United States (including the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce), and the United Kingdom (including HM Treasury), U.S. Specially Designated Nationals (SDN) List, the Denied Persons List, Unverified List, or Entity List maintained by the U.S. Department of Commerce, or any equivalent lists; or
- intending to supply or otherwise make available any crypto-assets or Services obtained via MoneyDream to any non-cooperative country, sanctioned country, or sanctioned person.
- holding an external crypto-assets wallet with a third-party service provider incorporated, located or operating in a non-cooperative or sanctioned country;
- previously suspended or removed from using MoneyDream Services for any reason; or
- in other cases, determined by MoneyDream, in its sole discretion, provided that such determination is not applied or based in a discriminatory manner.
1.14. MoneyDream provides its Services to individuals:
- who have full legal power and authority to enter these Terms and who by doing so are not violating any other agreement to which the individual or MoneyDream is party to; and
- who are not prevented from entering these Terms by any applicable law in their jurisdiction, which would prohibit their use of MoneyDream Services.
1.15. An individual will be considered a Client of MoneyDream once the following conditions are met:
- The individual has read and agreed to the Terms of Service and has been provided with, and where applicable acknowledged or consented to, the relevant privacy notices, disclosures, consents, and other privacy-related information made available by the Company in connection with the Services;
- The individual has registered with MoneyDream system;
- The identity of the individual has been successfully verified; and
- A Profile for the individual has been created in MoneyDream system.
1.16. Established relationship. Once all the provisions mentioned in cl. 1.15 above are met, it shall be deemed that the individual in question and MoneyDream have established a mutually binding business relationship ("Business Relationship").
1.17. MoneyDream provides its Services only after a Business Relationship has been established.
1.18. If you have any questions regarding the use of MoneyDream website and provision of MoneyDream Services or personal data and privacy issues, please contact MoneyDream Support Team by filing a support request at support@mercuryo.io.
2. DEFINITIONS
Definitions used in these Terms, but not defined in the Terms, shall be interpreted in accordance with applicable laws and generally accepted industry standards. Definitions used in the Terms in the singular form shall have the same meaning as definitions in the plural form, unless the context expressly requires otherwise. Definitions used in the Terms and written in lowercase shall have the same meaning as those written in uppercase, unless the context expressly requires otherwise.
2.1. Profile shall mean an online account created in the Client's name in the System and through which they can place Orders, execute Transactions through third party providers, use Services, and communicate with MoneyDream.
2.2. Application shall mean a form to be completed by the Client to apply for the Services.
2.3. Business Day shall mean any calendar day, apart from Saturday, Sunday and bank holidays, on which payment infrastructures and banks are open for business in the US, or any other day defined by MoneyDream and with proper notice to the Client.
2.4. Business Relationship shall mean a mutually binding relationship established between the Client and MoneyDream and governing provision of the Services.
2.5. Card means the debit card issued to you in connection with the Services, including any physical card, virtual card, or tokenized card credentials.
2.6. Client or You shall mean an individual with whom a Business Relationship has been established and, in whose name MoneyDream Services are provided.
2.7. Client's Deposit Address means an address from which the Client sends Crypto-Assets in the Deposit Currency to initiate a SWAP or Off-ramp Transaction.
2.8. Client's Contact Details shall mean e-mail address, mobile phone number or other means of communication acceptable by MoneyDream, which MoneyDream may use to contact the Client, send notifications, request information or documents. This may be required to ensure due performance of the Services and meet the contractual and regulatory obligations of MoneyDream.
2.9. Client's Identification shall mean a set of Know Your Customer ("KYC") and Due Diligence ("DD") measures applied by MoneyDream for identity verification purposes and to prevent money laundering and terrorism financing subject to mandatory binding requirements of the applicable Anti-Money Laundering and Counter Terrorism Financing ("AML/CTF") laws and regulations. The scope of the KYC measures may vary depending on type of the Services the Client applies for or already uses, and any additional regulatory requirements subject to the Client's identity verification.
2.10. Client's Representative shall mean a person duly authorized by the Client to represent the Client in the Business Relationship with MoneyDream and execute Transactions, through a third-party provider, in the name and for the benefit of the Client, acting under a power of attorney or another legal base.
2.11. Client's Withdrawal Address means an address to which the exchanged Crypto-Assets in the Withdrawal Currency will be sent upon execution of the SWAP or On-Ramp Transaction.
2.12. Consent shall mean the approval provided by the Client to execute an Order and perform a Transaction, as delivered and conducted by a third-party provider.
2.13. Conversion shall mean exchange of one Crypto Asset for another or Fiat currency at the prevailing exchange rate.
2.14. Crypto-Asset shall mean a digital representation of a value or of a right that is able to be transferred and stored electronically using distributed ledger technology or similar technology.
2.15. Deposit Currency shall mean a type of Crypto-Asset sent by the Client from the Client's Deposit Address to initiate a SWAP or Off-Ramp Transaction.
2.16. Fee or charge shall mean a cost applied for the execution of Transactions, through a third-party provider, and/or facilitation of provision of Services, and charged by MoneyDream.
2.17. Fiat currency shall mean government issued regular currency (money).
2.18. System shall mean MoneyDream software solution used for Clients' registration, the placing of Clients' Orders, Transaction execution through a third party provider, record keeping and communication with MoneyDream.
2.19. Non-Cooperative Country shall mean any jurisdiction identified by relevant international or regional authorities (including the Financial Action Task Force (FATF), the European Union, or national regulators) as lacking effective measures to combat money laundering, terrorist financing, proliferation financing, tax evasion, or other forms of financial crime and designated as high-risk countries under the EU anti-money laundering framework.
2.20. OFAC means the U.S. Department of the Treasury's Office of Foreign Assets Control.
2.21. Off-Ramp Transaction shall mean the exchange of Crypto-Assets into Fiat currency, which is recognized as legal tender.
2.22. On-Ramp Transaction shall mean the exchange of Fiat currency, which is recognized as legal tender, into Crypto-Assets.
2.23. Order shall mean a request for the Services submitted by the Client to MoneyDream through the System and may be conducted through a third-party provider.
2.24. Party shall mean MoneyDream or the Client, both – the "Parties".
2.25. Personal Data shall mean any information relating to an identified or identifiable living individual, including various pieces of information which, when collected, can lead to the identification of a particular person. MoneyDream's handling of Personal Data is governed internally by the Global Data Privacy Framework (to the extent applicable to MoneyDream), together with applicable law and the privacy notices, disclosures, consents, and other privacy-related information made available by the Company in connection with the Services.
2.26. Pricing shall mean fees, commissions and charges imposed on the Client in exchange for MoneyDream Services. Pricing is available in the Client's Profile in the System.
2.27. Proof of Address shall mean the documents confirming the place of residence and actual address of the Client.
2.28. Recurring Transaction shall mean regular Transaction automatically initiated by MoneyDream at specified intervals under the Client's provided instructions.
2.29. Sanctioned Country shall mean any country or territory that is subject to comprehensive international sanctions or embargoes imposed by the United Nations, the European Union, the United States (OFAC), the United Kingdom (HM Treasury), or other relevant domestic and international sanctioning bodies. This includes, but is not limited to, countries such as Cuba, Iran, North Korea, Syria, and regions subject to specific sanctions (e.g., Crimea, Donetsk, and Luhansk regions of Ukraine under Russian occupation).
2.30. Sanctioned Person shall mean an individual, legal entity, group, or organization that is subject to asset freezes, travel bans, or other restrictive measures imposed under applicable sanctions regimes. This includes persons listed on the sanctions list and specially designated nationals (SDN) lists.
2.31. Services shall mean the definition ascribed in Section 1.
2.32. Supplement shall mean a bilateral agreement entered between the Parties on provision and usage of additional services not covered by the present Terms or amending standard provisions of these Terms. The Supplement is an integral part of the present Terms since it is executed by both Parties.
2.33. Swap Transaction shall mean an exchange of one Crypto-Asset for another, without conversion into Fiat currency. For the purposes of these Terms, a Swap Transaction constitutes a crypto-to-crypto trade that does not involve the custody of Fiat.
2.34. Terms shall mean these entire MoneyDream Terms of Service.
2.35. Transaction shall mean any transfer, exchange or disposition of Crypto-Assets initiated by a Client.
2.36. Unauthorized Transaction shall mean any transaction that the Client did not request to execute, did not provide the Consent to be executed, or that the Client did not permit anyone else to execute in their name.
2.37. Verified Client shall mean a Client whose identity has been verified by MoneyDream.
2.38. Website shall mean www.mercuryo.io.
2.39. Withdrawal Currency means a type of Crypto-Asset that the Client will receive in the Client's Withdrawal Address upon execution of the SWAP or On-Ramp Transaction.
2.40. Working Hours shall mean a time from 9.00 AM to 5.00 PM EST on each Business Day, when MoneyDream provides Services.
3. REGISTRATION IN THE SYSTEM
3.1. Registration. To apply for and be allowed to use the Services, the Client must complete the Application and register with the System. This includes accepting these Terms and being provided with, and where applicable acknowledging or consenting to, the relevant privacy notices, disclosures, consents, and other privacy-related information made available by the Company in connection with the Services.
3.2. By using MoneyDream Services, the Client agrees and confirms that they will only use the Services for themselves, and not on behalf of any other person or legal entity (business).
3.3. To register in the System, before being permitted to access or use the Services, the Client must complete all required identity verification procedures, including KYC and DD, sanctions screening, Politically Exposed Persons ("PEP") checks, and other applicable anti-money laundering, terrorism financing and financial crimes prevention screening procedures determined by MoneyDream.
3.4. Identity Verification. The Client's access and use of the Services is subject to applicable international and domestic economic sanctions regulations, including those administered by the United Nations, the European Union, United Kingdom HM Treasury, the United States (including the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce), the United Kingdom (including HM Treasury), U.S. Specially Designated Nationals (SDN) List, the Denied Persons List, Unverified List, or Entity List maintained by the U.S. Department of Commerce, or any equivalent lists ("Sanctions").
3.5. Verification by Third Parties. The Client hereby authorizes MoneyDream, either directly or through authorized third-party providers, to verify the Client's identity, conduct necessary screening procedures and checks, and assess potential risks, including fraud, money laundering, or other financial crimes.
3.6. By using the Services, the Client represents and warrants that they will comply with all applicable anti-money laundering ("AML") and counter-terrorism financing ("CTF") regulatory requirements.
3.7. MoneyDream reserves the right to monitor the Client and their activity in connection with the use of the Services to ensure compliance with the aforementioned regulatory requirements.
3.8. Enhanced Due Diligence. We may require additional information or documentation from you if: (a) your Account activity exceeds certain thresholds; (b) we identify unusual or suspicious activity; (c) you request increased transaction limits; or (d) we are otherwise required to do so by applicable law or our compliance policies. You agree to cooperate with any such requests promptly.
3.9. Ongoing Verification. We may periodically re-verify your identity and eligibility. You agree to provide updated information and documentation upon request. Failure to comply with a re-verification request may result in suspension of the Services and termination of the Business Relationship.
3.10. The Client acknowledges and agrees that, where necessary for identity verification, sanctions screening, fraud prevention, AML/CTF compliance, transaction security, card-related operations, or other legal or regulatory obligations, MoneyDream may disclose relevant Personal Data to authorized third-party service providers (including identity verification providers, credit reference agencies, financial crime prevention services, payment providers, card-related providers, and other regulated partners), subject to applicable law, appropriate contractual safeguards where required, and the applicable privacy notices, disclosures, and consents made available by the Company. Such third-party service providers may retain and process Personal Data in accordance with applicable law and their applicable contractual and regulatory obligations, as further described in the applicable privacy notices, disclosures, or consents made available by the Company and, where applicable, the relevant third party's own privacy notice or terms. The scope of KYC and DD measures depends on the type of the Services the Client applies for, AML/CTF risk level the Client poses, nature of Transactions the Client intends to execute or is already executing (including their volume, value and currency) etc.
3.11. Based on the outcome of the conducted Client's monitoring, MoneyDream may take any action it reasonably deems necessary, including but not limited to restricting, suspending, or limiting Client's access to the Services.
3.12. The minimum information required to register in the System and to set up a Profile includes, may include but is not limited to:
- Full name of the Client (First name, last name, any middle and former name, if any),
- Date of Birth,
- Government-issued national identification number, such as social security number, if any,
- Residence address (street name, house/building number, apartment/suite number, floor number, city or town, state, country, ZIP code),
- Telephone number and email address,
- Payment details of the Client (bank/payment account number, name of the bank/payment institution, BIC of the bank/payment institution or payment card details if payment card is issued for transaction).
3.13. MoneyDream has the right to request the Client to provide additional documents on the Client, including but not limited to Proof of Address, their source of funds and source of wealth, nature of the expected Transaction, and Client's ownership or control of any provided external Crypto-Asset wallet address.
3.14. Upon successful completion of the registration process, MoneyDream will set up a Profile in the System in the Client's name.
3.15. Ongoing Verification. We may periodically re-verify your identity and eligibility. You agree to provide updated information and documentation upon request. Failure to comply with a re-verification request may result in suspension or termination of your Account.
3.16. Consequences of Failed Verification. If we are unable to verify your identity or eligibility, or if you fail to provide requested information or documentation, we may:
- Decline to create a Profile for you;
- Limit, suspend, or terminate your existing account;
- Decline to facilitate third party provider processing of Transactions or Conversions;
- Reverse or cancel pending Transactions; or
- Take any other action we deem appropriate to comply with applicable law or protect against fraud.
3.17. Access Credentials. The Client will need to create their own security credentials to access their Profile (login name, username, password, authenticator app, or other security details MoneyDream may ask for). It's important that the Client keeps this information private and don't share it with anyone.
3.18. Client Responsibility. The Client is fully responsible for all activities that occur under the Profile, except in cases of unauthorized access that:
- occurred through no fault of the Client;
- and was verified to be through no fault of the Client in MoneyDream's sole discretion; and
- was duly reported to MoneyDream in accordance with the procedure set out further in these Terms.
3.19. MoneyDream may, at its sole discretion, refuse to set up a Profile, suspend or terminate provision of the Services and disable Client's access to the Profile and the System. MoneyDream is under no obligation to provide reasons for taking any such action.
3.20. Refusal of Registration. MoneyDream reserves the right to refuse Client's registration in the System and the provision of the Services if:
- the Client has not provided in full and on-time requested information and documents necessary for identity verification, KYC and due diligence purposes; or
- the Client has provided inaccurate information or documents necessary for identity verification, KYC and due diligence purposes, or submitted documents contain corrections, are damaged, cannot be processed, are expired, or are listed in invalid or stolen document databases and registers; submitted document contains signs of forgery or MoneyDream does not accept and process for identity verification, KYC and DD purposes the type of the document the Client has submitted, or the Client has not provided sufficient information allowing MoneyDream to meet its regulatory obligations in respect of identity verification, KYC and DD purposes.
3.21. Accurate Information. By registering in the System, the Client confirms that it has provided full, correct, valid, and up-to-date information and documentation. The Client undertakes during the Business Relationship to provide MoneyDream with up-to-date, valid and accurate information and documents and promptly notify MoneyDream of any changes in previously submitted information and documents.
3.22. By agreeing to these Terms, the Client acknowledges that MoneyDream may retain submitted information for the duration of the Business Relationship and thereafter for such period as is required or permitted by applicable law, regulatory obligations, fraud and security prevention needs, dispute resolution, audit requirements, recordkeeping obligations, and other legitimate compliance purposes, in line with the Global Data Privacy Framework (to the extent applicable to MoneyDream) and any applicable legal or regulatory retention requirements.
3.23. By agreeing to these Terms, the Client permits MoneyDream to keep a record of all submitted information for as long as the Business Relationship lasts and for at least 5 (five) years following the termination of the Business Relationship.
3.24. The Client shall receive registration confirmation via their e-mail address provided in the Application and registered in the System.
3.25. Client Profile.
- During registration in the System, a Profile is created in the name of the Client. Only the Client or Client's Representative, who was duly notified to MoneyDream and registered in the System as a user, is authorized to log onto the System and the Profile. All Services available to the Client are displayed in the Client's Profile.
- The Client submits Orders via their Profile, maintains communication with MoneyDream and may, free of charge, view Transaction history, including any applicable Fees and charges.
- Anonymous Profiles are not allowed in MoneyDream. Profile shall be opened only if the Client's identity is fully verified ("Verified Client").
- The Client may have only one Profile. If MoneyDream reasonably believes or suspects that the Client has intentionally registered multiple Profiles, then MoneyDream may without any prior notification immediately terminate the Business Relationship with the Client; all Profiles registered in the System in the Client's name or Profiles identified by MoneyDream as being registered in the name of the same Client shall be immediately deleted and all provisions of Services the Client uses shall be immediately terminated.
3.26. Acceptance of Terms. The Client by accepting the Terms guarantees that:
- the Client is a US citizen/resident,
- the Client is not a resident (or tax resident) of a non-cooperative country or sanctioned country,
- the Client has never been charged with money laundering, financing and supporting terrorism, or other crimes,
- the Client is not and never has been subject to any economic sanctions,
- the Client is not in a state of bankruptcy, insolvency, debt collection or otherwise have claims from third parties and/or government authorities,
- the Client uses and will use for MoneyDream Services only valid payment methods specified by MoneyDream.
3.27. Obligation to Update. Should any of the foregoing guarantees or warranties become null, void or otherwise unenforceable, the Client shall immediately discontinue use of the Services and promptly notify MoneyDream and MoneyDream reserves the right to immediately terminate Business Relationship with the Client.
3.28. UBOs. If the Client uses the Services or acts in the interest of a third party for whose benefit the Transactions are executed (the "Ultimate Beneficial Owner", "UBO"), they must inform MoneyDream without undue delay on this and submit all documents and data which might be necessary to prove and verify the identity of the UBO. MoneyDream reserves the right to immediately terminate Business Relationship if MoneyDream becomes aware that UBO was not disclosed by the Client to MoneyDream or, if disclosed, MoneyDream is unable to verify the UBO's identity or source of wealth intended to be used for MoneyDream Services.
3.29. Transaction Limits.
- MoneyDream reserves the right, at any time during the course of the Business Relationship, to impose limits on the Client's Transactions. Such limits may be determined based on the Client's AML/CTF risk type, the value and volume of Transactions executed, and other factors that may affect the overall AML/CTF risk the Client poses to MoneyDream.
- Transactions limits may apply to various aspects of the Client's activity, including, but not limited to the volume and value of Transactions, the currency used, and the counterparties involved. These limits may be reviewed and adjusted at MoneyDream sole discretion at any point during the Business Relationship. The Client will be informed of any imposed or revised limits through their Profile.
3.30. The Client is advised to regularly visit and check their Profile — at least once per week — for updates, notifications, and important information.
3.31. Access Restrictions.
- Without prejudice to other rights and remedies available to MoneyDream, it reserves the right to immediately suspend or restrict the Client's access to the System and Services, including access to the Profile and the execution of Transactions, if MoneyDream, in its sole discretion, reasonably believes that:
- a security breach has occurred;
- there is a risk of unauthorized or fraudulent use of the System, Profile; or
- if MoneyDream or third-party provider is required to take such action by applicable law or regulation.
- Where such action is taken, MoneyDream will notify the Client in advance, unless:
- prior notification is not feasible;
- would compromise reasonable security measures; or
- is prohibited by applicable law.
In such cases, the Client will be informed as soon as reasonably practicable thereafter.
- If the Client's access to the System and Profile is suspended or restricted due to the circumstances set above, MoneyDream shall notify the Client via the Client's e-mail address registered in the System.
4. CRYPTO-ASSETS TRANSACTIONS
To execute a Transaction, the Client shall enter the System and complete any verification if required. Upon approved Verification, Client can elect to select desired Crypto Asset to exchange, purchase or sell, along with preferred payment method. The Client can then generate and submit a Transaction Order in the System pursuant to MoneyDream instructions provided therein. As noted in Section 8, MoneyDream does not handle Fiat or Crypto-Asset, and all Transactions are executed through third party providers.
4.1. By submitting and confirming the Order, the Client expressly authorizes and instructs MoneyDream to, through a third-party provider, execute the transfer of the specified Crypto-Asset or Fiat currency to a selected destination.
4.2. The Crypto-Asset purchased by the Client or, in the case of a Swap Transaction, the Crypto-Asset received in exchange, will be transferred to Client's Withdrawal Address provided by the Client in the Order, after the transfer has been confirmed by the relevant Crypto-Asset blockchain network.
4.3. MoneyDream, through a third-party provider, will transfer the Fiat currency, corresponding to the Crypto-Asset sold by the Client through transfer to MoneyDream, to the payment details specified by the Client in the Order.
4.4. If the Client sets up a future purchase or sale of Crypto-Assets ("Recurring Transaction"), the Client authorizes MoneyDream to initiate recurring transfers in accordance with the Client's provided instructions in the System.
4.5. The Order should include at least the following components:
- amount of the Transaction;
- currency of the Transaction — currency may only be the currencies accepted by MoneyDream at the Order execution moment; all currencies available and supported by MoneyDream are available in the Profile; for Swap Transactions, both the Deposit Currency and the Withdrawal Currency must be specified; and
- Payment details of the Client:
- External wallet address and name of the virtual assets service provider of the Client where Crypto-Assets should be transferred,
- Payment method — bank/payment account number, name of the bank/payment provider, BIC, card number, name of the card issuer, etc.,
- Other details MoneyDream may reasonably request to include in the Order to meet mandatory requirements imposed to MoneyDream under the REGULATION (EU) 2023/1113 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 31 May 2023 on information accompanying transfers of funds and certain crypto-assets and amending Directive (EU) 2015/849 (Transfer of Funds Regulation or TFR) and to honor FATF Recommendation 16 – the "Travel Rule".
4.6. MoneyDream will transmit the purchased Crypto-Assets using the appropriate blockchain network. Once a Transaction is submitted to the relevant blockchain network, it will remain in an unconfirmed state (pending) until sufficient confirmation from both the blockchain network and the Client's wallet service provider. Orders in a pending state shall not be considered executed until such confirmation has been received by MoneyDream.
4.7. The Client shall submit the Order by the confirmation button. Once the confirmation button is clicked by the Client, the Order is considered confirmed and becomes irrevocable, cannot be canceled and is deemed final.
4.8. Limitations. The Client shall use only those payment methods and blockchain networks that are supported and accepted by MoneyDream at the time of the Order execution. A Crypto-Asset Transaction will be processed only upon receipt of the corresponding Crypto-Asset or Fiat currency from the Client. MoneyDream may, at any time, add support or remove support for any payment methods and/or blockchain networks in its sole discretion and without prior notice.
4.9. Each initiated Transaction is subject to confirmation and acceptance by the relevant third-party payment service provider (bank, payment institution, international payment system, blockchain network on which the Crypto-Asset operates). MoneyDream disclaims any liability for the third-party service providers' refusal to execute a Transaction initiated by the Client.
4.10. As MoneyDream does not provide custody or wallet-hosting services to its Clients, the Client is required to provide an external wallet address to receive any purchased Crypto-Assets. This can be done by either:
- manually entering the wallet address in the Order, or
- using a wallet address generated by a trusted third-party partner integrated with MoneyDream.
4.11. The Client acknowledges and agrees, without limitation and in addition to any other provisions set forth in these Terms, that they are solely responsible for managing access to their external wallet(s), including the security and safeguarding of any private keys.
4.12. The Client assumes all risk associated with sending and receiving Crypto-Assets to or from their external wallet(s), including, but not limited to, losses resulting from market volatility, incorrect wallet address, or other Client errors. The Client is also solely responsible for monitoring and managing any fluctuations in the value of Crypto-Assets held in their external wallet(s).
4.13. MoneyDream shall not be liable for any losses resulting from the Client's error, negligence, fraud, or the loss of access to private key(s). No refunds shall be issued in such cases.
4.14. MoneyDream shall not be liable for any losses, errors or failed Transactions due to Client's lack of funds, whether Crypto-Asset or Fiat currency.
4.15. The execution of any Order is strictly conditional upon the following:
- MoneyDream's or a third-party provider's actual receipt of the required Fiat currency or Crypto-Asset from the Client;
- Confirmation of the Order by the relevant payment service provider, blockchain network, or other service provider, involved in the execution of the Transaction; and
- Payment of all applicable Fees.
4.16. The Client shall provide complete, precise, and accurate details when placing an Order to ensure that the Order aligns with the instructions provided in the System.
4.17. Each Transaction is assigned a unique identification number (Transaction ID), which is visible in the Profile (Transactions history).
4.18. Problematic Orders or Transactions.
- If the Client submits an incorrect Order or includes inaccurate details, but the Order has not yet confirmed, the Client may submit a cancellation or correction request to MoneyDream via the System. MoneyDream may refuse any cancellation or correction request at its sole discretion. A Fee may apply for the processing of the correction, and any Fee already withheld for Order execution shall not be refunded.
- If MoneyDream identifies obvious discrepancies or inconsistencies in the Order details, it reserves the right, but is not obliged, to reject the execution of such an Order, unless the Order has been already confirmed and processed by third-party provider.
- In cases when MoneyDream is unable to transfer purchased Crypto-Asset to the wallet address provided by the Client (e.g. the wallet is closed or otherwise inaccessible, or the wallet address), MoneyDream will return the Transaction amount in Fiat currency to the original payment method used by the Client for Crypto-Asset purchase. A Fee for processing the return may be applied.
- In the case of a Swap Transaction, if MoneyDream or a third party provider is unable to transfer the Crypto-Assets to the Client's Withdrawal Address (e.g., the address is inaccessible, invalid, or otherwise unavailable due to network errors, network congestion or blockchain delays, or due to unsupported blockchain or Withdrawal Currency type, and etc.), the Crypto-Assets will be returned to the Client's Deposit Address. A processing fee may apply for such a transfer, and any fee already withheld for the execution of the Swap Transaction will not be refunded under any circumstances.
- If, when executing a Swap or off-Ramp Transaction, the Client specifies a Crypto-Asset type that is not supported by MoneyDream or the third party provider or if the Crypto-Asset received by the third party provider differs from the Crypto-Asset type specified in the relevant Order, including but not limited to cases where incorrect or incomplete payment details such as a destination tag, memo, or other transaction identifier required by the applicable blockchain network, are provided, MoneyDream or the third party provider may, at its sole discretion, attempt to assist with the recovery of such funds. Any such assistance is not guaranteed and may be subject to additional Fees, technical constraints, and operational limitations. In this case, the Client should contact the Support team as soon as possible via email support@mercuryo.io.
- If the Client sends an incorrect amount that differs from the amount specified in the Order, MoneyDream or the third party provider shall not proceed with the execution of the Transaction and shall refund the Transaction amount, provided that all applicable AML checks are successfully completed to process the refund.
- If MoneyDream is unable to transfer the Fiat currency corresponding to the sold Crypto-Asset to the payment method designated by the Client (e.g. the account or card is closed, does not exist, or otherwise unavailable), MoneyDream will return the sold Crypto-Asset to the Client. A Fee may be applied for processing the return. Any Fee already withheld for the execution of the Order will not be refunded.
- If MoneyDream is unable to execute the Transaction due to the errors made by the Client in the submitted Order, the Order shall be cancelled, and the Transaction amount refunded to the Client. A return processing Fee may be applied. Any Fee already withheld for the execution of the Order will not be refunded.
- If MoneyDream has executed the Order incorrectly due to its own error or third-party provider, it will refund the amount of the incorrectly executed Transaction, including any Fees withheld for its execution. The Order may then be resubmitted by the Client.
4.19. MoneyDream does not bear responsibility for Client errors, discrepancies, repetitions and/or contradictions in the submitted Orders, including but not limited to, correctness of the details of the Order. If the Order does not contain enough data or contains deficiencies, MoneyDream may refuse to execute the Order or may execute it in accordance with the data provided in the Order.
4.20. MoneyDream will notify the Client of the executed Orders via their e-mail registered in the System. All successfully executed Orders will be displayed in the Profile.
4.21. All submitted Orders must be clearly and unambiguously formulated and must contain the clearly stated and express will of the Client.
4.22. Once a Crypto-Asset has been transferred to the Client's provided wallet address or Fiat currency have been credited to the Client's payment method, such Transactions are irreversible and non-refundable under any circumstances. The Client acknowledges and agrees that MoneyDream obligations are fully discharged upon such delivery, and the Client shall have no further claims against MoneyDream in respect of that Transaction.
4.23. If an Order to execute a Swap Transaction cannot be completed, due to price volatility requiring a quote that the Client rejects or other reasons, MoneyDream will issue an automatic refund to the Client, reduced by any applicable transaction or network Fees.
4.24. By confirming an Order, the Client expressly affirms their free will and grants MoneyDream their Consent to execute the Transaction.
4.25. If the Client submits and confirms an Order, provides Consent for Transaction execution, requests any Service, communicates with MoneyDream or performs any other actions via their Profile, whether by logging into the System directly, using their login credentials, or via third party websites, such actions shall be deemed carried out by the Client, on their own initiative and of their own free will.
4.26. Orders shall be executed upon the provision of the Client's Consent and confirmation of the Order. However, there may be a delay between Order confirmation and actual execution, depending on factors such as processing time on the blockchain, payment and card systems, other third-party providers, as well as possible congestion within those networks and systems. MoneyDream makes no guarantee regarding the timing of Transaction execution and shall not be liable for any delays. The maximum execution time will be provided to the Client once the Order is submitted.
4.27. If MoneyDream or third-party provider refuses to execute an Order, MoneyDream shall immediately notify the Client thereof, except where such notification is technically unfeasible or prohibited by applicable law.
4.28. If MoneyDream suspects fraudulent activity, it reserves the right to delay or reject the Transaction and notify the relevant regulatory or law enforcement authorities.
4.29. MoneyDream reserves the right to record and store the Orders submitted and information about all Transactions for the period required or permitted by applicable law and regulatory obligations. Where U.S.-related recordkeeping obligations apply (including Bank Secrecy Act / FinCEN requirements for money services businesses), MoneyDream retains required AML and transaction records for at least five (5) years from the relevant event. Longer minimum periods may be required by applicable law, supervisory instruction, or a legal hold. Where a customer relationship is not established (e.g., failed onboarding, non-completed transaction, or account not opened), MoneyDream retains any screening/verification performed, as well as documents submitted for this purpose, and decision-rationale records for at least five (5) years, subject to applicable legal requirements. Requests for deletion or erasure will be handled based on applicable law and subject to these mandatory retention obligations. MoneyDream reserves the right to request from the Client the documents proving the lawfulness of the origin of funds related to the Transaction and other Transaction supporting documents. In case the Client fails to submit such documents, MoneyDream is entitled to refuse the Order.
4.30. Transaction Guarantees. The Client shall guarantee and warrant MoneyDream that:
- the funds (both Crypto Asset and Fiat) used in Transactions are of legal nature and are not obtained as a result of criminal activity; and
- MoneyDream Services will not be used for any illegal purposes, money laundering or terrorism financing, fraud or other actions and transactions considered illegal.
4.31. The Client shall be solely responsible for the accuracy, currentness, and validity of all guarantees and warranties the Client makes under these Terms. MoneyDream shall not be liable for any losses or damages incurred by the Client or any third party involved in a Transaction execution, if such guarantees or warranties are found to be false, misleading or otherwise invalid.
4.32. MoneyDream reserves the right to review all Transactions submitted by the Client.
4.33. MoneyDream may, at its sole discretion, refuse to execute an Order if:
- any wallet address, account or payment method provided by the Client poses a high AML risk;
- it is maintained by a third-party service provider that is incorporated/located/operating in a Sanctioned country, or by a Sanctioned person, or is otherwise subject to applicable sanctions restrictions;
- it is opened and operated in the name of a third person, other than a Client, without proper legal authority or representation; or
- For any other reason where MoneyDream believes such refusal is for the benefit of the System in the sole reasonable discretion of MoneyDream.
4.34. Supported Crypto-Asset or Fiat.
- If the currency of the Crypto-Asset or Fiat currency received from Client by MoneyDream differs from the currency specified in the Order, MoneyDream may, through a Third Party Provider, convert the received funds into the required currency, subject to an applicable exchange Fee. However, if such conversion is not possible, MoneyDream reserves the right to cancel the Order and return the Transaction amount to the Client. In such cases, an Order cancellation Fee and funds return processing Fee may apply.
- MoneyDream does not accept, process, or support Crypto-Assets that are not listed as being supported by MoneyDream or third-party provider. An up-to-date list of Crypto-Assets supported by MoneyDream is available in the Profile. MoneyDream may add or remove supported Crypto-Assets in its sole discretion at any time, without prior notice. In such cases, MoneyDream reserves the right to take immediate action without prior Client's notification. MoneyDream shall not be held liable for any losses or disruptions resulting from such actions.
- The execution of a specific Transaction is dependent on the availability of the relevant Crypto-Asset supported by MoneyDream and third-party provider at the time of Order submission.
- If the Client transfers a Crypto-Asset that is not supported by MoneyDream or third-party provider, the Crypto-Asset will automatically be blocked. MoneyDream may return the blocked Crypto-Asset manually; however, the refund process can take up to 60 (sixty) calendar days. There may be circumstances where MoneyDream does not have the technical capability to manually process and return the blocked Crypto-Asset and such the refund may be refused, and MoneyDream shall not bear any responsibility for the loss incurred to the Client. It is the sole responsibility of the Client to ensure that Transactions are conducted only using Crypto-Assets that are supported by MoneyDream and third-party provider and available at the time of Order submission. MoneyDream shall not be held liable for any loss of unsupported Crypto-Asset.
- Any Fees deducted by MoneyDream for unblocking an unsupported Crypto-Asset, as well as Fees applied to transfer the unblocked Crypto-Asset back to the Client, are nonrefundable.
4.35. All Services provided are subject to volume and/or value limits on the Transactions the Client may perform or transfer within a given period. Transaction limits may vary depending on a number of factors.
4.36. MoneyDream reserves the right to modify or adjust the Client's applicable Transaction limits at its sole discretion. MoneyDream will use reasonable efforts to provide the Client with advance notice of such changes. However, in certain circumstances, advance notice may not be feasible, in which case, the Client may be informed after the changes have taken effect.
4.37. If the Client wishes to raise their Transaction limits beyond the standard thresholds, a request may be submitted through the Profile. In response, MoneyDream may require the Client to provide additional information and documentation and undergo enhanced due diligence procedure ("Enhanced Due Diligence" or "EDD"). MoneyDream at its sole discretion may decline to increase Client's requested Transaction limits, even if Enhanced Due Diligence has been successfully completed.
5. RECURRING TRANSACTIONS
As noted in Section 8, MoneyDream does not handle Fiat or Crypto-Asset, and all Recurring Transactions are executed through third party providers.
5.1. MoneyDream provides Recurring Transactions to the Clients under the conditions outlined in this Section.
5.2. Recurring Transactions may be set and configured through the Client's Profile. MoneyDream enables their Clients to determine the quantity and frequency of such transactions.
5.3. The frequency of Recurring Transactions can be selected from several options provided by MoneyDream, such as daily, weekly, bi-weekly, monthly, and others.
5.4. By setting up a Recurring Transaction, the Client provides MoneyDream with their Consent to execute these transactions automatically, without providing any additional confirmation. This Consent shall remain valid until the Client updates the Recurring Transaction settings or submits cancelation request to MoneyDream via the Profile.
5.5. Recurring Transactions will be executed in fixed, periodic installments based on the frequency chosen by the Client and will continue until the Client submits cancelation request to MoneyDream via the Profile or modifies instructions previously provided to MoneyDream.
5.6. To manage execution of the Recurring Transactions, including, but not limited to, changing their frequency, pausing, revoking instructions or canceling them entirely, the Client must navigate to "My Recurring Orders" section within the Profile, where all active Recurring Transactions are listed.
5.7. Recurring Transactions are executed under the general terms outlined in Section 4 of these Terms, unless otherwise is specified in this Section or when setting up a Recurring Transaction in the Profile.
5.8. Fees for the execution of Recurring Transactions are charged to the Client in accordance with the terms specified in Section 6 of these Terms, and the Pricing is available in the Profile.
5.9. MoneyDream shall not be held liable for any losses incurred by the Client as a result of the execution of Recurring Transactions in accordance with the Client's provided instructions. This includes, but is not limited to, issues related to the frequency, payment method, chosen payment service providers, or failed transactions, provided that MoneyDream acted in accordance with the Client's instructions and the loss did not result from MoneyDream's fraud, malicious intent, gross negligence or willful misconduct.
5.10. Furthermore, MoneyDream is not responsible for delays in processing or executing Recurring Transactions caused by third-party providers, transactions execution timelines, or any other circumstances beyond MoneyDream control.
5.11. MoneyDream reserves the right to terminate Recurring Transactions at any time and will promptly provide the Client with appropriate notification in the Profile or through the e-mail address registered in the System.
6. PRICING AND FEES
6.1. Pricing for the Services provided by MoneyDream is available in the Client's Profile.
6.2. It is the Client's responsibility to review and accept the applicable Pricing before using the Services and initiating any Transaction.
6.3. MoneyDream displays Fees, charges, and exchange rates to the Client prior to Order execution. The same will be displayed in the Profile. In cases where disclosure prior to Order execution is not feasible due to the nature of the Transaction or the involvement of third-party service providers, MoneyDream will provide this information to the Client immediately after the Transaction is completed and the relevant data becomes available to MoneyDream. If you believe you have been charged an undisclosed Fee, please contact us immediately at support@mercuryo.io. The Client hereby acknowledges and agrees that network fees are estimated and may vary. The final network fee depends on blockchain conditions and is beyond the control of MoneyDream.
6.4. Transactions are executed at the exchange rates applicable at the time the Order is initiated, not at the time of its execution.
6.5. The actual amount of the Crypto-Assets or Fiat currency that the Client receives upon completion of the Transaction may differ from the amount specified in the Order submitted and confirmed by the Client. The final Transaction amount may be affected by exchange rate fluctuations at the time of Order execution on the network and fees imposed by the network or other third-party service providers involved in the execution of the Transaction. For example, if the mid-market rate for Bitcoin is $50,000 per BTC and the spread is 1.5%, the conversion rate for selling Bitcoin would be approximately $49,250 per BTC (mid-market rate minus 1.5%). The spread may vary by Crypto-Asset, Transaction size, market conditions, or other factors.
6.6. MoneyDream shall not be held liable for:
- any risks associated with exchange rate fluctuations on the network that affect the market value of Crypto-Asset being bought or sold,
- fees established and charged by the third-party service providers involved in the execution of the Transaction.
6.7. Fees are typically deducted by MoneyDream from the Transaction amount at the time of Order execution.
6.8. Fees must be paid in the same currency in which the Transaction is conducted, unless otherwise is agreed by the Parties. A Fee for currency conversion may apply at MoneyDream's sole discretion.
6.9. MoneyDream strongly recommends that Client regularly review their Transaction history - at least once per month - including Fees and charges applied for the Services provided.
6.10. Tax Obligations. The Client is solely responsible for determining whether, and to what extent, any taxes apply to Transactions carried out using the Services. The Client is also responsible for withholding, collecting, reporting, and remitting the appropriate taxes to the relevant tax authorities. MoneyDream does not collect taxes, make any tax payments, or provide tax reports on the Client's behalf.
6.11. MoneyDream reserves the right to unilaterally amend the Pricing at any time, without prior notice, and shall notify the Client in accordance with the provisions outlined in Section 10 and Section 11 of these Terms.
6.12. MoneyDream reserves the right to deduct any outstanding fees, charges, or amounts you owe us from the balance before causing any third-party provider to return any funds to you.
6.13. If the Client has any concerns or inquiries regarding the Fees applied, they should contact MoneyDream by sending a request to support@mercuryo.io.
7. CLIENT'S OBLIGATIONS
7.1. Obligations. When using the Services, the Client undertakes the following obligations:
- to comply with these Terms, any Supplements hereto, and all applicable legal requirements, including but not limited to anti-money laundering (AML) and counter terrorism financing (CTF) regulations;
- not to provide false, misleading or incorrect information;
- to take all reasonable actions requested by MoneyDream that are necessary for the proper provision of the Services and to fulfil MoneyDream regulatory obligations and obligations under these Terms;
- to undergo through all applicable procedures carried out by MoneyDream for the purposes of Client's identity verification, KYC and Due Diligence, and to submit all data and information required by MoneyDream to establish Business Relationship and execute Transactions through third party providers;
- to respond to all MoneyDream requests within 3 (three) Business Days, unless another timeframe is specified in MoneyDream request;
- to promptly inform MoneyDream of any changes to the information and data previously submitted. Failure to do so shall release MoneyDream and any third-party provider from any liability regarding the accurate execution of Transactions, and the Client shall bear any losses, whether incurred by MoneyDream or third party. MoneyDream reserves the right to suspend the provision of Services until the Client updates the required information, or at MoneyDream's sole discretion, to immediately terminate Business Relationship with the Client;
- not to use Crypto-Assets or Fiat that have been illegally obtained to use MoneyDream's Services, where the Client knew or should have known, or were willfully ignorant of their illegal origin;
- not to use the Services in a manner that causes losses, liability, reputational or financial damages to MoneyDream or third parties;
- not to open multiple Profiles as an anonymous user (e.g., by using proxy servers), or by using fictitious, third-party, or otherwise unauthorized personal data, nor to act on behalf of another person without proper legal authorization, nor register or use anonymous contact information (phone numbers or e-mail addresses provided by third parties or individuals);
- not to use MoneyDream Services for goods or services that are prohibited by law or contradict public order and moral principles;
- not to knowingly, intentionally, or grossly negligently, provide false, misleading, or incorrect information about MoneyDream, its Services, or cooperation conditions to third parties;
- to respect intellectual property rights of MoneyDream and third parties, including but not limited to trademarks, copyrights and trade secrets. This obligation shall not apply where the Client, acting in good faith, couldn't reasonably have known that such rights existed or that the information in question constituted a trade secret;
- not to distribute computer viruses and not to undertake any actions that could disrupt the functionality of the System damage or destroy information, or otherwise harm the System, MoneyDream equipment, or data in its possession;
- safeguard, keep secure and not to disclose login (access) credentials or other personalized safety features to third persons, except authorized Representatives, nor to allow other persons to use the Services under the name of the Client without proper authorization;
- to immediately notify MoneyDream upon discovering that access credentials to the Profile have been lost, stolen, or used without authorization. The Client shall bear all resulting losses until MoneyDream has been duly notified and access to the Profile has been blocked; and
- to fully reimburse and hold MoneyDream harmless from any costs, losses, damages, or fines, and other monetary sanctions incurred by the Company or any other third party due to the Client's failure (whether by act, omission, or misrepresentation) to fulfill their obligations under these Terms, or resulting from any unlawful activity by the Client.
7.2. Loss of Access Credentials; Security Breach.
- A request to block the Client's access to their Profile shall be deemed received at the date and time of its actual receipt by MoneyDream.
- The Client must notify MoneyDream without undue delay if their login credentials, personalized security features, or identity authentication data have been or may have been compromised (including, but not limited to cases of loss, theft, misuse, or unauthorized use of the Client's data).
- In the event of a security breach, the Client must immediately notify MoneyDream. If it is not possible to send such a notification through the System, the Client shall notify MoneyDream via the email address registered in the System.
- Upon receipt of the security breach notification, MoneyDream will immediately block Client's access to the Profile and System. All blocking actions will be recorded and time-stamped. A time-stamped objection number will be issued to the Client, and written confirmation that the Client's access to the System has been blocked will be sent to the Client's e-mail address registered in the System.
- MoneyDream shall not be liable for any consequences arising from a request to block a Client's Profile if such a request is made by a person other than the Client or their authorized Representative, provided that the person had access to the Client's data (including login credentials), appeared to be acting on the Client's behalf, and MoneyDream had no actual knowledge and not reasonable grounds to suspect that the individual was unauthorized.
- In the event of theft or fraudulent use of the Client's login credentials of the Client, MoneyDream reserves the right to request a written explanation of the circumstances surrounding the incident, a copy of the report or statement filed with the law enforcement authorities, if available.
8. PARTIES LIABILITY AND LIMITATION OF LIABILITY; DISCLAIMERS AND DISCLOSURES.
For the purposes of this Section 8 only, "MoneyDream" and "its" shall mean "MoneyDream and/or third-party providers".
8.1. MoneyDream undertakes to provide the Services in accordance with the applicable laws and regulations, and high professional standards of the crypto industry.
8.2. Notwithstanding the above or any other provisions in these Terms, at no time shall MoneyDream be liable to Client for any act or omission of third party providers.
8.3. Without prejudice to the other provisions set forth in these Terms, MoneyDream reserves the right to temporarily suspend access to the Services and the System for technical, security OR MAINTENANCE REASONS, WITHOUT THESE OPERATIONS BEING ELIGIBLE FOR ANY COMPENSATION. MONEYDREAM WILL LIMIT THIS TYPE OF INTERRUPTION TO A NECESSARY MINIMUM.
8.4. MoneyDream cannot, however, be held liable to the Client for possible errors, omissions, interruptions or delays produced by the Website resulting in unauthorized access to the latter. Nor can MoneyDream be held liable for theft, destruction or unauthorized communication of data arising from unauthorized access to the Website.
8.5. MoneyDream to the maximum extent permitted by applicable law will not be involved in the existing legal relationship between the Client and the Recipient of the Transaction.
8.6. MoneyDream cannot be held liable for faults, willful misconduct or negligence of the Client or Recipient towards each other.
8.7. MoneyDream shall be responsible for the security and confidentiality of the data that it exchanges with the Client within the context of these Terms in respect of execution of Transactions and any other service MoneyDream provides. For more information regarding Personal Data handling, applicable rights, and privacy-related disclosures, please refer to the privacy notices, disclosures, consents, and other privacy-related information made available by the Company on the Website, in the Profile, or during the relevant Service flow. MoneyDream's internal privacy governance is governed by the Global Data Privacy Framework (to the extent applicable to MoneyDream).
8.8. Nothing in this Section 8 limits MoneyDream's obligation to implement reasonable administrative, technical, and organizational safeguards for Personal Data or customer information, or to investigate and provide notifications of security incidents where required by applicable law.
8.9. BY ACCEPTING THESE TERMS, THE CLIENT ACKNOWLEDGES AND AGREES TO HAVING READ, UNDERSTOOD AND ACCEPTED THE FOLLOWING DISCLAIMER:
- NEITHER MoneyDream, nor any of its directors, employees or agents, shall be liable for any loss or damage sustained by you as a direct or indirect result of the provision by MoneyDream of its Services, save that nothing in these terms shall exclude or restrict any liability of MoneyDream resulting from DEATH OR PERSONAL INJURY, FRAUD, FRAUDULENT MISINTERPRETATION OR FRAUDULENT INTERPRETATION, INTENT, GROSS NEGLIGENCE AND/OR ANY OTHER STATUTORY LIABILITY NOT CAPABLE OF LIMITATION,
- MoneyDream shall not be held liable for loss of profit, loss of opportunity, loss of business, loss of savings, loss of goodwill, loss of Crypto-Asset, claims by third parties, loss of anticipated savings (whether direct or indirect) or for any type of special, direct, indirect or consequential loss howsoever caused, even if caused by MoneyDream's negligence and/or breach of contract and even if such loss was reasonably foreseeable or MoneyDream had been advised of the possibility of such loss,
- MoneyDream DISCLAIMS ALL LIABILITY ASSOCIATED WITH THE USE OF CRYPTO-ASSETS, INCLUDING UNKNOWN INHERENT TECHNICAL DEFECTS, REGULATORY OR LEGISLATIVE CHANGES AND CURRENCY FLUCTUATION, and
- MoneyDream shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect THE CLIENT'S COMPUTER OR OTHER EQUIPMENT, OR ANY PHISHING, SPOOFING OR OTHER ATTACK. IT IS THE CLIENT'S responsibility to use a reputable, and readily available virus screening and prevention software. THE CLIENT should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from MoneyDream.
8.10. THE CLIENT SHALL, BY ACCEPTING THESE TERMS or by using the services, acknowledge and agree to hold MoneyDream, its subsidiaries, members, directors, partners, officers, employees, contractors, third party providers, and agents ("Released Parties") harmless from and against any loss, liability, claim, demand, damages, costs, expenses (including legal fees) which may arise from or in connection with the Services, any content on the Services shared by THE CLIENT or other users, any third party websites or RESOURCES FOUND THROUGH THE SERVICES, ANY USERS OF THE SERVICES, OR ANY BREACH OF THIS AGREEMENT, APPLICABLE LAWS OR ANY LAW OR REGULATION IN ANY JURISDICTION.
8.11. Without prejudice to the other provisions laid down in these Terms, MoneyDream:
- DOES NOT PROVIDE ANY INVESTMENT, FINANCIAL, TAX, LEGAL OR OTHER PROFESSIONAL ADVICE. NO FEATURES, TOOLS, OR INFORMATION AVAILABLE THROUGH MoneyDream SERVICES SHOULD BE CONSTRUED AS ADVICE. MoneyDream ENCOURAGES THE CLIENT TO CONSULT WITH THE APPROPRIATE FINANCIAL, LEGAL AND TAX ADVISORS TO UNDERSTAND THE IMPLICATIONS OF BUYING, SELLING AND HOLDING CRYPTO-ASSETS. THE CLIENT UNDERSTANDS THAT BUYING, SELLING AND HOLDING CRYPTO-ASSETS CARRIES RISK INCLUDING BUT NOT LIMITED TO MARKET VOLATILITY, NETWORK ISSUES AND NETWORK ATTACKS. THE CLIENT AGREES TO USE THE SERVICES TO HOLD AND TRANSACT IN CRYPTO-ASSET AT THE CLIENT'S SOLE RISK. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICES. THE CLIENT EXPRESSLY AGREES THAT THEIR USE OF THE SERVICES IS AT THE CLIENT'S SOLE RISK,
- MAKES THE SERVICES AVAILABLE 'AS IS' AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE CLIENT ASSUMES THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE SERVICES,
- MoneyDream DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MoneyDream MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION,
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MoneyDream SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS/REVENUE, LOSS OF DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH CLIENT'S USE OF THE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.
- INDEMNITY. IF ANY THIRD PARTY BRINGS A CLAIM AGAINST MONEYDREAM RELATED TO THE CLIENT'S USE OF THE SERVICES ("CLAIM"), THE CLIENT AGREES TO INDEMNIFY, DEFEND, AND HOLD RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LOSSES, LIABILITIES, DAMAGES, AND/OR COSTS (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) RELATING TO SUCH A CLAIM. MONEYDREAM WILL NOTIFY THE CLIENT PROMPTLY OF ANY SUCH CLAIM AND WILL PROVIDE THE CLIENT WITH REASONABLE ASSISTANCE, AT CLIENT'S EXPENSE, IN DEFENDING AGAINST ANY SUCH CLAIM.
- If Force Majeure circumstances lasts more than 30 (thirty) calendar days, the Parties may decide on termination of Business Relationship.
8.12. Licensure.
- MoneyDream does utilize any of its own federal or state licenses to facilitate any Services. Services are provided through MoneyDream's cooperation with third-party providers. Client understands and agrees that MoneyDream shall not be held liable, by Client, for any unlicensed activity provided independently by third-party provider.
- MoneyDream cooperates with multiple third-party providers to cover a gamut of services, such as third-party license providers or card networks. For example, while Client uses the Profile to request an execution of a Transaction, MoneyDream facilitates such execution through a third-party provider, and MoneyDream itself never executes any Transaction. Client may reach out to support@mercuryo.io for a list of such third-party providers for which MoneyDream will use reasonable efforts to respond to promptly.
- Further, in these Terms any wording related to MoneyDream Services, such as but not limited to executing Orders, Transactions, fund Transfers, or similar actions, should be understood as that such actions are carried out exclusively by third-party providers, not MoneyDream and MoneyDream only facilitates their execution.
9. CONFIDENTIALITY AND DATA PROTECTION
9.1. For the purposes of Personal Data processing in connection with the Services, MoneyDream and third-party providers may act in different roles depending on the relevant processing activity and Service flow, including as independent controllers and/or processors where applicable. MoneyDream generally manages processing for account administration, support, compliance, fraud prevention, and security functions, while certain third-party providers may process Personal Data for transaction execution, payment processing, card-related services, identity verification, screening, and other regulated or operational functions in accordance with applicable law and their contractual and regulatory obligations.
9.2. Personal Data may be processed by MoneyDream, other Mercuryo group entities, and authorized third-party providers in the United States and other jurisdictions, subject to applicable law and any required safeguards, transfer mechanisms, contractual protections, or regulatory arrangements applicable to the relevant processing activity.
9.3. The Parties undertake to protect each other's technical, product and commercial information as well as any other information the MoneyDream has designated as confidential and has notified you of, which has become known to you while using the Services and performing obligations undertaken by these Terms. Confidential information includes, but is not limited to algorithms, pricing, Personal Data of you or other clients, account credentials, and third-party providers.
9.4. The Client undertakes within the duration of the Business Relationship and for a period of 3 (three) years after termination of the Business Relationship not to disclose and keep MoneyDream technological, product and commercial information from unauthorized disclosure to third parties. In each case when the Client intends or is obliged to disclosure any confidential information regarding MoneyDream, Client shall inform MoneyDream in advance. In case prior notification is not possible or not allowed by applicable law, the Client shall inform MoneyDream at first opportunity.
9.5. The Parties have agreed that the following information should not be treated by the Parties as confidential:
- publicly available information – information that is already in the public domain or becomes public through no fault of the receiving Party,
- previously known information – information that the receiving Party already knows or has received from another source without any obligation of confidentiality,
- independently developed information – information that is developed by the receiving Party independently, without reference to the confidential information,
- disclosure required by law – information that is required to be disclosed by law, regulation, or court order,
- information received from third parties – information that the receiving Party has received from other sources without breach of any confidentiality obligation.
9.6. No Party shall use the confidential information of the other Party for any purpose other than to provide the Services and perform Parties obligations under these Terms, or as otherwise permitted by the Terms.
9.7. To the extent applicable to MoneyDream's Services and customer information, MoneyDream provides privacy-related disclosures and handles consumer financial information in accordance with applicable U.S. federal and state privacy laws, including the Gramm-Leach-Bliley Act and, where applicable, state consumer privacy laws (such as the California Consumer Privacy Act, as amended, for eligible California residents and non-exempt data). Where required by law, MoneyDream will provide applicable notices and any required opt-out choices regarding disclosure of nonpublic personal information to nonaffiliated third parties, subject to applicable legal exceptions.
9.8. For customer information subject to applicable U.S. financial privacy and information security requirements, MoneyDream maintains and monitors safeguards designed to protect such information and applies risk-based oversight of relevant service providers handling such information, in accordance with applicable law. Incident response and notifications will be handled in accordance with applicable legal requirements.
10. Claims and Disputes
10.1. All disputes and claims arising out of or in connection with these Terms, including any questions regarding their existence, validity, interpretation, performance, breach, or termination, shall first be resolved through good faith discussions between the Parties. Certain types of complaints or disputes may be submitted via webform on the Website, e-mail or chat functions available on the Webpage. In certain cases, MoneyDream may opt to handle the complaints via phone or, upon the Client's (complainant's) request, in paper form.
10.2. Unauthorized Transactions.
- If the Client becomes aware of circumstances that may indicate an unauthorized Transaction, the Client should contact MoneyDream Support team via e-mail support@mercuryo.io as soon as possible, in addition to contacting any third-party provider as required by separate terms entered between the Client and such third party provider.
- If a payment card was chosen as the payment method to purchase the Crypto-Asset, any dispute concerning an Unauthorized Transaction must be submitted for MoneyDream consideration no later than 60 (sixty) calendar days of the date the Fiat currency was debited from the Client's payment card. The Client must also contact the card issuer accordingly.
- If a payment account was chosen as the payment method to purchase the Crypto-Asset, the unauthorized Transaction must be disputed no later than 13 (thirteen) months of the date the Transaction was registered in the Client's payment account. The Client must also inform their payment service provider. MoneyDream reserves the right to request evidence of the Transaction's registration in the Client's payment account.
- MoneyDream will investigate the disputed Transaction within 15 (fifteen) Business Days from the date the Client submits the claim. If MoneyDream is unable to complete the investigation within the period specified above, it will inform the Client in writing and provide a revised deadline, which shall not exceed 30 (thirty) calendar days from the date the claim was submitted.
- If the Transaction is recognized by MoneyDream as an unauthorized, MoneyDream will immediately refund the full amount of the unauthorized Transaction, including any applied Fees.
- If the claimed Transaction is not recognized by MoneyDream as unauthorized, or if the Client's claim is found to lack legal grounds, MoneyDream reserves the right to reject the claim and not refund disputed amount. In such cases, MoneyDream will provide the Client with explanations in order set out in Section 10 of these Terms. MoneyDream may charge a claim review Fee or a Fee for unjustified or frivolous Transaction dispute, as applicable.
- Nothing in these Terms (including this Section 10) is intended to waive, limit, or make unenforceable any right, remedy, disclosure obligation, complaint mechanism, or regulatory entitlement that cannot lawfully be waived or limited under applicable privacy, data protection, financial privacy, or consumer protection laws.
10.3. Binding Agreement to Arbitrate. You and MoneyDream agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your Account, your Card, any Conversion, any Transaction, or the relationship between you and MoneyDream (collectively, "Disputes") will be resolved exclusively through final and binding individual arbitration, rather than in court, except as set forth herein. This agreement to arbitrate is intended to be broadly interpreted and includes, without limitation:
- Claims arising out of or relating to any aspect of the relationship between you and MoneyDream, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- Claims that arose before these Terms or any prior agreement between you and MoneyDream;
- Claims that arise after the termination of these Terms or your Profile;
- Claims brought by or against MoneyDream, the bank, the processor, or any of their respective affiliates, directors, officers, employees, or agents; and
- Claims related to the validity, enforceability, or scope of this arbitration agreement.
10.4. Arbitration Rules and Administrator. All arbitrations will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect (the "AAA Rules"). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If the AAA is unavailable or unwilling to administer the arbitration, the parties will select an alternative arbitration administrator that applies similar consumer-friendly rules, or a court of competent jurisdiction will appoint an arbitrator.
10.5. Arbitration Procedures. The arbitration will be conducted as follows:
- Initiating Arbitration. To initiate arbitration, you must send a written demand for arbitration to us at the address stated herein and file a demand with the AAA in accordance with the AAA Rules. Your demand must include: (i) your name and Profile information; (ii) a description of the Dispute and the relief sought; and (iii) your signature.
- Single Arbitrator. The arbitration will be conducted by a single, neutral arbitrator selected in accordance with the AAA Rules.
- Location. Unless you and we agree otherwise, the arbitration will be conducted in the county where you reside.
- Governing Law. The arbitrator will apply the substantive law specified herein, consistent with the Federal Arbitration Act ("FAA").
- Discovery. Discovery will be limited to the exchange of relevant, non-privileged documents and, at the arbitrator's discretion, one deposition per side. The arbitrator may allow additional discovery for good cause shown.
- Hearing. If an in-person hearing is held, it will take place at a location reasonably convenient to you.
- Award. The arbitrator will issue a written award that includes the essential findings and conclusions upon which the award is based. The arbitrator may award any relief that a court of competent jurisdiction could award, including injunctive or declaratory relief, but only to the extent necessary to provide relief warranted by the individual claim. The arbitrator's award is final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
- Confidentiality. The arbitration proceedings, including any discovery, submissions, and the award, will be confidential, except as necessary to enforce the award or as required by law.
10.6. Opt-Out Right.
10.7. Right to Opt Out. You may opt out of the arbitration agreement and class action waiver in these Terms by sending written notice of your decision to opt out to us within thirty (30) days after you first agree to these Terms. Your opt-out notice must be sent to:
Harvard Business Services, Inc.
16192 Coastal Highway
Lewes, Delaware 19958
10.8. Contents of Opt-Out Notice. Your opt-out notice must include: (a) your name; (b) Profile data; (c) your mailing address; (d) a clear statement that you wish to opt out of the arbitration agreement and class action waiver; and (e) your signature.
10.9. Failure to Opt Out. If you do not opt out within the thirty (30) day period, you will be bound by the arbitration agreement and class action waiver. The opt-out right applies only to the initial version of these Terms that you agree to. If we materially modify the arbitration agreement in a manner that adversely affects your rights, you will have an additional thirty (30) day period to opt out of the modified provisions.
10.10. No Retaliation. We will not retaliate against you for exercising your right to opt out. Opting out will not affect any other aspect of your relationship with us or your use of the Services.
10.11. Injunctions. Notwithstanding above, either party may seek emergency injunctive relief in a court of competent jurisdiction to preserve the status quo pending arbitration. Any such request for injunctive relief will not be deemed a waiver of the right to arbitrate.
10.12. Fees. Payment of arbitration fees will be governed by the AAA Rules. You and the MoneyDream agree that these Terms evidence a transaction involving interstate commerce and that this arbitration agreement is governed by the FAA (9 U.S.C. §§ 1–16), and not by state arbitration laws. The FAA will govern the interpretation and enforcement of this Section.
10.13. Waiver of Jury Trial. BY AGREEING TO ARBITRATION, YOU AND THE MONEYDREAM WAIVE THE RIGHT TO A JURY TRIAL. If for any reason a Dispute proceeds in court rather than arbitration, you and the MoneyDream waive any right to a jury trial.
10.14. PAGA Waiver and Carve-Out. To the extent permitted by law, you waive the right to bring claims under the California Private Attorneys General Act ("PAGA") on a representative basis. If this PAGA waiver is found unenforceable, any PAGA claim must be severed and litigated in a court of competent jurisdiction, and the remaining Disputes will be arbitrated. Any PAGA claim will be kept pending the outcome of the arbitration of individual claims.
10.15. Waiver of Class and Collective Actions. YOU AND THE MONEYDREAM AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
10.16. No Class Arbitration. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of others. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If any portion of this Section is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and litigated in a court of competent jurisdiction, and the remaining claims shall be arbitrated. This Section does not prevent you from participating in a class action settlement.
10.17. Governing Law. These Terms and any Dispute will be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Notwithstanding the foregoing, the arbitration agreement herein is governed by the FAA.
10.18. Exclusive Jurisdiction. For any Dispute not subject to arbitration (including Disputes regarding the enforceability of the class action waiver), you and the MoneyDream consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.
10.19. Waiver of Jury Trial (Court Proceedings). IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND THE MONEYDREAM AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL IN THE COUNTY OF SUSSEX, DELAWARE.
10.20. Mutually Agreed Statute of Limitations. Any Dispute not addressed herein must be filed within one (1) year after the date the claim arose, or Parties agree that the claim is permanently barred. This one-year limitations period applies regardless of any longer limitations period that might otherwise apply under Applicable Law.
11. COMMUNICATION WITH THE CLIENT; NOTICES
11.1. The Parties hereby agree that the primary method of communication between the Parties shall be the System (the Profile). All notices, information, and updates will be made available via the Profile and shall be considered the principal and official form of communication.
11.2. If communication through the Profile is not possible or is temporarily unavailable, the Company may contact the Client via the e-mail address registered with the System (registered e-mail).
11.3. Communication via Profile should be considered the primary and key method of communication between the Parties.
11.4. Communication via the Client's registered e-mail address shall serve as a secondary, but Client agrees it is a valid communication channel.
11.5. If the Client initiates communication with MoneyDream using an e-mail address other than the registered e-mail, MoneyDream will consider such communication null and void and may refrain from responding, until:
- The Client duly notifies the Company MoneyDream of the new e-mail address, and
- That e-mail address is confirmed and registered in the System as the new registered e-mail address.
11.6. Notwithstanding the above, MoneyDream reserves the right to acknowledge such communication, in its sole discretion.
11.7. MoneyDream strongly recommends that the Client regularly reviews - once per week or at the very least - once per month, all messages sent to the Client via the System and/or registered e-mail.
11.8. Receipt of Notice.
- Any notice sent via the System or the registered e-mail address shall be deemed received upon sending (whether Client reads such communication), unless the Client can provide evidence of actual delayed receipt or failure of delivery.
- Written notices sent by postal service to the Client's address registered in the System shall be deemed received within five (5) Business Days of being sent, unless the Client proves otherwise.
- Similarly, the Client's registered (or other tracked) postal communications to the Company shall be deemed received within five (5) Business Days of being sent, unless the Company proves later receipt.
- If any email or other electronic communication is sent on a day that is not a Business Day, it shall be deemed received on the next Business Day.
11.9. Agreement to be Recorded. The Company reserves the right to record telephone conversations with the Client for the purpose of protecting its legal interests. The Client will be notified before the recording begins. If the Client objects to the recording, the phone conversation will be terminated.
11.10. Unofficial Communication Channels. The Parties irrevocably agree that communication via unofficial channels, including but not limited to WhatsApp, Telegram, Facebook Messenger, Instagram, and similar platforms, shall be considered null and void.
11.11. These Terms and all communications between the Parties will be in English, unless applicable law requires otherwise.
12. AMENDMENTS TO THE TERMS; NEW TERMS
12.1. MoneyDream is entitled to unilaterally amend these Terms and any Supplements, including Fees and applicable charges, at any time and for any reason, including but not limited to the following circumstances:
- In its sole discretion;
- To comply with or reflect a change in applicable law or guidance from any applicable law or any other competent authority;
- To make the Terms more favorable to the Client, or to correct a mistake or oversight;
- To introduce new systems, services, procedures, processes or products, as well as to incorporate changes in technology MoneyDream deems necessary to continue providing its Services; or,
- To remove an existing Service.
12.2. MoneyDream shall notify the Client of amendments to these Terms in the following manner: by publishing the amended version (or any new version) of the Terms on the Website and such amended or new Terms become effective immediately upon publication, if the following amendments have been made in relation to:
- the introduction of new service(s) which do not affect the Client's existing rights and obligations, nor impact Services already used by the Client prior the effective date of the amended Terms,
- editorial corrections (e.g., wording adjustments) that do not alter the substance or meaning of the Terms,
- text formatting, numbering, or headings of sections, clauses, sub-clauses, provided such changes do not affect the meaning of the Terms,
- updates to the contact details of MoneyDream,
- decrease in Fees or other charges, or the cancellation of existing Fees or charges.
12.3. In all other cases, not specified in Clause (i) above, MoneyDream will use good faith efforts to notify Client of amendments made to these Terms via a prior written notice at least 60 (sixty) calendar days in advance.
12.4. Method of Notice. The notice shall be sent via the Profile and/or registered e-mail address of the Client.
12.5. Effective Date of Amendments. Client agrees to the amendments, if the Client, after the effective date of the Terms:
- continues to access and use the Services;
- raises no objections in respect of the amendments made and Terms modified; or
- does not terminate Business Relationship within any notification period and before the amendments made to the Terms take effect.
12.6. Non-acceptance of Amendments. If the Client does not agree to the amendments made to the Terms, the Client must stop using the Services and notify MoneyDream of the termination of the Business Relationship within the notification period set in above.
12.7. Client Rights.
- Without prejudice to the Client's rights stipulated herein, the Business Relationship may be terminated only if there are no outstanding obligations of the Client towards MoneyDream.
- The Client at all times has the right to access a valid version of the Terms on the Website as well as the current and effective Pricing in the Profile.
- The Client has no right to unilaterally change and/or amend any provisions of these Terms.
12.8. To stay informed about any changes to the Services or any new Services, amendments made to the Terms and other important information, MoneyDream encourages the Client to:
- keep personal contact information up to date so that MoneyDream may duly notify the Client of any news and amendments, and
- review the Website, the Profile, and check the registered e-mail address regularly, at least weekly.
12.9. For the sake of clarity, MoneyDream shall not be liable for Client's failure to receive any notification or notice due to Client's failure to update contact information.
12.10. Supplements.
- The Parties are entitled to amend separate provisions of the Terms by entering the Supplement. In the event of any conflicts between a Supplement and the Terms, the provisions of the Supplement shall prevail, unless it is expressly stated otherwise in the Terms or in the Supplement itself.
- All Supplements shall form an integral part of the Terms after they have been executed by both Parties.
13. MISCELLANEOUS
13.1. These Terms (including Supplements), together with the applicable privacy notices, disclosures, consents, and other privacy-related information made available by the Company in connection with the Services (which are provided in accordance with the Global Data Privacy Framework, to the extent applicable to MoneyDream), the Pricing, and any other documents or policies expressly incorporated by reference, constitute the entire agreement between you and the Company with respect to the Services and supersede all prior and contemporaneous agreements, understandings, representations, and warranties, whether written or oral, with respect to the Services. For the avoidance of doubt, nothing in this clause limits the effect of mandatory privacy disclosures, notices, rights, remedies, or regulatory obligations arising under applicable data protection, privacy, financial privacy, or consumer protection laws.
13.2. Severability. If any provision of these Terms becomes invalid, unenforceable or illegal the remaining provisions of the Terms will continue in full force and effect. The invalid provision may be amended or replaced with a valid provision that reflects the original intent of the Parties, to the extent permissible under applicable law. The Parties agree to work together in good faith to resolve any such invalidity or unenforceability.
13.3. No Third Party Beneficiary. No provision of these Terms is intended to confer a benefit on or to be enforceable by any person who is not a party to the Terms. This means that only the Parties to these Terms have the right to enforce or benefit from its provisions. Third parties who are not involved in the Terms do not have any rights under these Terms, unless explicitly stated otherwise.
13.4. Effective date and Termination. The Terms shall come into force after the Client agrees with them through the process of applying for Services, reviewing the Pricing, and being provided with (and where applicable acknowledging or consenting to) the relevant privacy notices, disclosures, consents, and other privacy-related information made available by the Company in connection with the Services. The Terms will stay in effect until they are terminated, with no set end date, unless stated otherwise in these Terms.
- The Client is entitled to terminate the Business Relationship with MoneyDream by giving MoneyDream written notice via the System.
- The Business Relationship with the Client may be terminated only if the Client has fully fulfilled all the obligations towards MoneyDream under these Terms, and if there are no outstanding obligations of any kind.
- MoneyDream reserves the right to require the Client to reimburse any expenses and damages incurred by MoneyDream, as well as any fines imposed to MoneyDream as a result of the Client's breach of any provision of these Terms, to the extent such amounts have not already been reimbursed by the Client.
- MoneyDream may terminate the Business Relationship with the Client upon reasonable prior written notice, but MoneyDream is entitled to immediately terminate Business Relationship with the Client, without prior written notice, if MoneyDream, in its sole reasonable discretion, believes that:
- the Client violates:
- any provision of these Terms,
- any guarantee or warranty the Client has provided to MoneyDream, or
- any legal requirements applicable to the Client.
- the Client fails to complete the necessary identity verification and KYC checks or submit information;
- the Client provides information that does not conform to the requirements stipulated by applicable law or doubts concerning the veracity and authenticity of submitted documents arise to MoneyDream;
- MoneyDream reasonably suspects that the Client is in any way involved in any fraudulent activity, money laundering, terrorism financing or other criminal activity;
- MoneyDream reasonably suspects that Services have been used or are being used without the Client's authorization, erroneously or fraudulently;
- it becomes known about the Client's liquidation or bankruptcy case;
- MoneyDream reasonably believes suspending Services is necessary or advisable to comply with requirements of applicable law, court, law enforcement or supervisory authority order;
- MoneyDream reasonably believes that activities of the Client have or may have potential to harm MoneyDream's reputation, any other client or the System;
- use of the Client's Account is subject to any pending litigation, investigation, or government proceeding and/or MoneyDream perceives a heightened risk of legal or regulatory non-compliance associated with the Client's Account activity.
- the Client violates:
13.5. Assignment.
- The Client is prohibited from transferring any rights or obligations under these Terms to a third party. In the event of a breach of this prohibition MoneyDream reserves the right to immediately terminate the Business Relationship and may hold the Client liable for any resulting consequences.
- MoneyDream may assign its rights and obligations under these Terms to a third party at any time, by giving 60 (sixty) calendar days prior written notice to the Client. If the Client does not agree to such a transfer, the Client may terminate Business Relationship by giving MoneyDream a written notice within the notification period specified above.
13.6. Surviving Terms.
Notwithstanding the termination of these Terms, any provisions that, by their nature or context, are intended to survive termination shall remain in full force and effect. These include, without limitation, provisions related to limitation of MoneyDream liability, MoneyDream disclaimers of warranties, confidentiality, Client's warranties and guarantees, binding arbitration, intellectual property rights, indemnity and dispute resolution.
13.7. No Undue Influence.
By entering into the Business Relationship with MoneyDream the Client affirms that Business Relationship has been established of the Client's own free will, initiative and consent, without any form of coercion or undue influence. The Client acknowledges having reviewed all the terms and conditions contained in these Terms and the applicable privacy notices, disclosures, consents, and other privacy-related information made available by the Company in connection with the Services, and considers them to be clear, fair and acceptable to the Client for Client's intended Transactions.
Construction.
In these Terms:
- The words "include," "includes," and "including" are deemed to be followed by "without limitation";
- The word "or" is not exclusive;
- References to "days" mean calendar days unless otherwise specified;
- References to "dollars" or "$" mean U.S. dollars;
- References to any law or regulation include any amendments, modifications, or successor provisions;
- References to "writing" or "written" include electronic communications; and
- The singular includes the plural and vice versa.
13.8. No Presumption Against Drafter.
These Terms will be construed without regard to any presumption or rule requiring construction against the party causing these Terms to be drafted.
13.9. No Authority.
You have no authority to bind MoneyDream or to make any representations, warranties, or commitments on behalf of the Company. You will not hold yourself out as an agent, partner, or representative of the Company.
13.10. No Fiduciary Duty.
We do not owe you any fiduciary duty. Our relationship with you is limited to providing the Services in accordance with these Terms.
13.11. Waiver.
- No Waiver by Conduct. Our failure to enforce any provision of these Terms or to exercise any right or remedy will not constitute a waiver of that provision, right, or remedy. No waiver of any provision of these Terms will be effective unless made in writing and signed by an authorized representative of the Company.
- Limited Waiver. Any waiver of a provision of these Terms will be effective only in the specific instance and for the specific purpose for which it was given. A waiver of any breach of these Terms will not constitute a waiver of any subsequent breach.
- Cumulative Remedies. All rights and remedies provided in these Terms are cumulative and not exclusive of any other rights or remedies provided by law or equity.