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THESE TERMS AND CONDITIONS APPLY TO THE USE OF THE MOONPAY COMMERCE APP (FORMERLY HELIO), SOLANA PAY FOR SHOPIFY, AND OTHER WHITE-LABELLED APPLICATIONS PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS APP. What’s in these terms? These terms tell you the rules for using the MoonPay Commerce application which may be accessed at https://hel.io or https://moonpay.hel.io (our App). Who we are and how to contact us MoonPay Commerce is an App operated by Helio Fintech Limited (“We” or the “Company”), a wholly owned subsidiary of MoonPay, Inc. We are registered in England and Wales under company number 13836904 and have our registered office at 16 Great Queen Street, Covent Garden, London, United Kingdom, WC2B 5AH. We are a limited company. To contact us, please email commerce@moonpay.com. By using our App you accept these terms By using our App, you confirm that you accept these terms of use and that you agree to comply with them. These terms govern your use of the MoonPay Commerce (formely Helio) application (the “App”) and any associated or connected, or other services, features, content, or applications we offer through the App (collectively, the “Services”), which facilitates direct peer-to-peer transactions on decentralised blockchains (“Blockchain”). If you do not agree to these terms, you must not use our App. If the Company suspects or determines that you are using the App for any fraudulent purposes, illegal activities, or in a manner that violates these Terms and Conditions, the Company reserves the right, at its sole discretion, to terminate your access to the App, Solana Pay for Shopify, and any other related white-label applications, without prior notice. We recommend that you print a copy of these terms for future reference. Risks Before using the Company’s services, creating a crypto wallet, or purchasing digital assets, you must consider whether using those Services is suitable for you after carefully considering your financial circumstances. The value of digital assets such as cryptocurrency fluctuates and may become worthless. Cryptocurrency is not legal tender. A digital asset’s past value or performance is not an indicator of its future value or performance. By using the Services you agree that the Company is not responsible for any loss of a digital asset, or any losses arising from theft, loss, or mishandling, or diminution of value of any digital asset. Additionally, cryptocurrencies are not protected by the Financial Services Compensation Scheme (FSCS), the Federal Deposit Insurance Corporation (FDIC), the Securities Investor Protection Corporation (SIPC) or any other public or private insurer, including against cyber theft or theft by any other means. The nature of cryptocurrency may lead to an increased risk of fraud or cyber-attack and your cryptocurrency value may be irretrievably lost or stolen. Transfers or transactions in cryptocurrency are irrevocable and irreversible. Cryptocurrency assets are not regulated in many jurisdictions. ‍The Company is not an investment service and does not provide investment advice. No information on the App, including but not limited to information provided by the Company, constitutes investment advice. You must take independent professional investment advice before using the App. You agree that you will not use the contents of the Company’s App or Services to make any investment decision. The Company is not a digital asset market and does not make any representation or warranty as to the value of any digital asset. The Company may provide information regarding the price of digital assets. The Company does not make any representation or warranty as to the quality, accuracy, or completeness of that data. You must not rely on any pricing data provided on the App. You must independently verify any such information from a reputable source before relying on pricing information. Digital asset values are often volatile and may change instantaneously. The Company is not responsible or liable for any loss incurred by your using or transferring digital assets in connection with or based on the information you have received through using our Services. Services Our Services facilitate direct peer-to-peer transactions between merchants and buyers in USDC, USDT, BTC, SOL, ETH, ERC-20, SPL tokens and other cryptoassets. You may use our Services by logging in or linking your crypto wallet(s) to https://hel.io/ or https://moonpay.hel.io to access the MoonPay Commerce dashboard, Pay Links, or various integration options. By using the Company’s App, you hereby grant the Company the right and licence to use your company’s logo for marketing and promotional purposes. Such use may include but is not limited to, displaying your logo on The Company’s webpage, in marketing materials, and advertising campaigns. HelioX is the pro version of the App with the lowest fees and advanced features. While the Company offers Services for businesses and individuals to accept direct, peer-to-peer transactions using the blockchain, it does not buy, sell, or take custody or possession of any cryptocurrency or digital asset, nor does it act as an agent or custodian for any user of the Services. Any transfer of digital assets is transacted via a Smart Contract and/or Embedded Wallets deployed by the Company to ensure that the merchant using our Services can ship digital content, goods, or services upon confirmation of the transaction through the relevant Blockchain network. Merchants receive digital assets directly in their designated wallet. We accept no liability to you or to any third party for any claims or damages that may arise in connection with any transaction that you engage in utilising the Services. If you use the Services to send a transaction, you are a “Buyer”, and if you are using the Services to accept transactions, you are a “Merchant” and the terms of your agreement with each other are “Purchase Terms”. If you are either a Buyer or a Merchant, you agree that all Purchase Terms are determined by the Buyer and the Merchant. We are not a party to any Purchase Terms, which are solely between the Buyer and the Merchant, and not responsible for, and accepts no liability in respect of, ensuring compliance with such terms nor mediating or resolving any disputes concerning such Purchase Terms, including but not limited to any disputes arising out of or related to any intellectual property rights associated with digital content. The Buyer and Merchant are entirely responsible for communicating, agreeing to and enforcing Purchase Terms and for resolving any disputes arising from any breach of any Purchase Terms. Merchants must comply with and fulfil the Purchase Terms concerning any digital content, goods, or services that they sell. By completing a transaction on the App, you as the Buyer acknowledge that the transaction is made with cryptocurrency and is a direct peer-to-peer transfer from you to the Merchant. Once a transaction is approved, the Company is unable to reverse the transaction or reclaim funds on your behalf. As a result, we are unable to resolve any disputes as the transactions are secured by the blockchain and are irreversible. By using the App, you as Buyer agree to these terms and conditions. Costs and Fees: Transactions are subject to fees for utilising the Services are subject to fees (“Fees”). The Fees are listed here. To calculate the Fees, the following definitions apply: “Revenue” means the gross amount received by Merchants when using our Services to accept Transactions. “Gas fees” mean the fees that fund the network of computers that run the decentralised blockchain network. “Transaction Fee” means the percentage of the Revenue generated from acceptance of transactions using our Services. The Transaction Fee may be, but is not required to be, the sales percentage for each transaction and may be changed from time to time. By using the Services you agree to pay all applicable fees, and you authorise the Company automatically to charge you for any such fees or deduct such fees (including Transaction Fees) directly. Transactions received by Merchants do not include any taxes, and the Company shall have no responsibility for any such taxes by whomsoever levied. Each party shall be responsible for all taxes imposed on its income or property. In addition, interactions with the Blockchain may also result in transaction fees or Gas Fees imposed by the Blockchain, which shall also be your sole responsibility. If you use our Services to accept transactions, you will receive Revenue less the Transaction Fee for each transaction effected by utilising the Services. Associated applications There are many associated applications available via the platform. Access to and use of these applications via the App is subject to these terms and conditions. Pay Link is a hosted checkout page that merchants using our Services may create via the App dashboard. The purpose of the Pay Link is to make it easy for Merchants to make products and services available to Buyers and offer a simple interface to facilitate the peer-to-peer blockchain transaction between the parties. Merchants may use Pay Links to request customer information such as email addresses, integrate third-party digital platforms such as Discord, include digital content and memberships, and restrict or “gate” access based on allow lists, Discord roles and more. Pay Links and other App checkouts may be protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Checkout Widget makes it easy for Merchants to embed the App into a web store, app or platform to facilitate peer-to-peer blockchain transactions. The Checkout Widget consists of an embed script, react wrapper and various other UX components as described in our developer documents. It also enables Embedded Wallet functionality to allow Merchant and Buyers to create and fund this wallet with an onramp or digital asset transfer within the checkout widget. Swaps/Bridgesmerchants may choose to enable automated swaps/bridges in the Checkout Widget to receive the digital assets of their choose. Swap are provided entirely by independent third-party providers (including, but not limited to, Swaps.xyz and Jupiter. The Company does not operate, control, or maintain these services and accepts no responsibility or liability for any loss, damage, or issues arising from their use Embedded Wallet(s) Disclaimer: Embedded Wallets are provided entirely by independent third-party providers (including, but not limited to, Turnkey and Web3Auth. The Company does not operate, control, or maintain these services and accepts no responsibility or liability for any loss, damage, or issues arising from their use. Embedded Wallets are self-custody, Smart Contract or ephemeral wallet services integrated into the App through third-party vendors. Merchants and Buyers may generate and use Embedded Wallets inside the Checkout and Deposit widgets, as well as the Dashboard. By choosing to use an Embedded Wallet, you acknowledge and agree that your relationship regarding any Embedded Wallet is exclusively with the applicable third-party provider, and your use is subject to their terms of service. You agree that you are bound by such terms, which constitute a direct agreement between you and the third-party provider. The Company does not hold, manage, or have access to your assets, funds, or private keys and cannot assist in their recovery, replacement, or safeguarding. You are solely responsible for safeguarding your wallet credentials, passwords, private keys, and any related information, and any loss, theft, unauthorised access, malfunction, or other issues connected to your Embedded Wallet remain entirely your responsibility. The Company makes no representations, warranties, or guarantees, whether express or implied, regarding the suitability, reliability, availability, security, accuracy, or performance of Embedded Wallets or any third-party services. To the fullest extent permitted by law, the Company expressly disclaims all liability arising from or related to your use of any Embedded Wallet or the services of any third-party provider, including Turnkey and Web3Auth. You further agree to indemnify, defend, and hold harmless the Company and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of any Embedded Wallet, your relationship with any third-party provider (including Turnkey), or your breach of such third-party provider’s terms of service. Auto off-ramp is a service that allows merchants to automatically transfer crypto earnings directly to their bank account of choice through our partner, Iron.xyz . Please refer to Iron.xyz’s terms and conditions here . Users of Auto off-ramp acknowledge and agree that the use of this service is entirely at their own risk. Any loss, damage, unauthorised access, malfunction, or other issues related to Auto off-ramp and the user’s digital assets and funds shall be borne exclusively by the user. The Company will never hold your assets, funds, or private keys and shall not be responsible or liable for the loss, recovery, or compromise of such funds or data. The Company makes no representations, warranties, or guarantees, whether expressed or implied, about the suitability, reliability, availability, accuracy, or completeness of Auto off-ramp. Users acknowledge that Auto off-ramp, offered in collaboration with a third-party software provider, may have inherent risks, including but not limited to technical malfunctions, unauthorised intrusions, and potential vulnerabilities. The Company shall not be liable for any issues arising from the use of the Auto off-ramp service. The Company reserves the right to update or modify the Auto off-ramp service at any time. By using Auto off-ramp, users acknowledge that they have read, understood, and agree to be bound by this provision and by Iron.xyz’s terms and conditions. Developer Integrationsthe Company provides developer tools, APIs, SDKs, and widgets (the “Developer Tools”) that enable merchants and developers to create, customize, and manage blockchain-based payment flows, including Pay Links, Checkout Widgets, Dynamic Links, Subscriptions, and programmatic transaction processing. By using the Developer Tools, you agree to comply with all applicable laws and the Company’s Terms of Service and technical documentation. You are solely responsible for securing your API keys, webhook endpoints, and any customer or transaction data processed through your integration. The Company does not hold, manage, or access user funds or private keys and is not a party to any transaction created through your integration. All transfers occur directly between the Buyer and Merchant on the blockchain and are final and irreversible. You acknowledge that your use of third-party services, including wallet providers, swaps, bridges, and off-ramp partners, is governed exclusively by their respective terms. The Company makes no representations or warranties regarding the reliability, availability, or security of such third-party services and disclaims all liability arising from their use. Developers must ensure that all integrations are properly configured and compliant with applicable laws, including data protection and financial regulations. We may make changes to these terms We amend these terms from time to time. Every time you wish to use our App, please check these terms to ensure you understand the terms that apply at that time. We may make changes to our App We may update and change our App from time to time to reflect changes to our products, our users’ needs and our business priorities. We may suspend or withdraw our App Our App is made available free of charge. We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of our App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our App through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. We may transfer this agreement to someone else We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. How you may use material on our App We are the owner or the licensee of all intellectual property rights in our App and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Some parts of the App are licensed under third-party open-source licences. As for other parts of the App, you may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from the Company. You may not: (1) access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers; (2) access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) that we provide; (3) forge any TCP/IP packet header or any part of the header information in any email or sharing, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (4) interfere with or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services You may print off one copy and may download extracts, of any page(s) from our App for your personal use and you may draw the attention of others within your organisation to content posted on our App. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our App must always be acknowledged (except where the content is user-generated). You must not use any part of the content on our App for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy, download, share or repost any part of our App in breach of these terms of use, your right to use our App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No text or data mining, or web scraping You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping concerning our App or any services provided via, or about, our App. This includes using (or permitting, authorising or attempting the use of): Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the App or any data, content, information or services accessed via the same. Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which apply to us. Do not rely on information on this App The content on our App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on our App. Although we make reasonable efforts to update the information on our App, we make no representations, warranties or guarantees, whether express or implied, that the content on our App is accurate, complete or up to date. We are not responsible for Apps we link to Where our App contains links to other Apps and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked web apps or information you may obtain from them. We have no control over the contents of those Apps or resources. Our responsibility for loss or damage suffered by you We exclude all implied conditions, warranties, representations or other terms that may apply to our App or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our App; or
  • use of or reliance on any content displayed on our App.
In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.
Which country’s laws apply to any disputes? If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales. Our trade and service marks You are not permitted to use without our approval, any trade or service marks of Helio Fintech Limited.