Welcome to Hoodpay, LLC ("Hoodpay," "we," "us," or "our"), a software-as-a-service (SaaS) crypto payments platform. Please read these Terms of Service and Platform Agreement (the "Agreement") carefully, as they govern your access to and use of our services (the "Services").
By accessing or using the Services, you ("User," "you," or "your") agree to be bound by this Agreement, as well as our Privacy Policy, which is incorporated herein by reference. If you do not agree to these terms, you must not access or use the Services.
Eligibility
To access and use the Services, you must be at least 18 years old and have the legal capacity to enter into binding agreements. By using the Services, you represent and warrant that you meet these eligibility requirements.
Registration and Account Security
To use the Services, you may be required to create an account (the "Account"). You agree to provide accurate, current, and complete information during registration and to update your information as necessary. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security.
Services and Fees
Hoodpay offers a range of services, including but not limited to cryptocurrency payment processing, transaction management, and reporting. We reserve the right to modify, suspend, or discontinue the Services, in whole or in part, at any time with or without notice.
We may charge fees for using certain features of the Services. Any fees will be disclosed to you prior to your use of the applicable feature. All fees are non-refundable and must be paid in the specified cryptocurrency. We reserve the right to modify our fees at any time, upon prior notice to you.
User Conduct
By using the Services, you agree not to:
a. Engage in any illegal or unauthorized activities, including but not limited to money laundering, fraud, or terrorism financing.
b. Use the Services to promote or engage in any harmful, abusive, or discriminatory conduct.
c. Interfere with, disrupt, or damage the Services or servers or networks connected to the Services.
d. Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Services.
e. Attempt to gain unauthorized access to the Services, other users' accounts, or any systems or networks connected to the Services.
Fee Schedule
By using the Services, you agree to pay Hoodpay a transaction fee for each transaction processed through the platform. The standard transaction fee is 1% of the transaction amount plus an additional $0.10 per transaction ("Transaction Fee"). The Transaction Fee is subject to change at any time at Hoodpay's sole discretion, with or without prior notice. You will be responsible for all applicable value-added taxes (VAT) or similar taxes that may apply to the Transaction Fee.
Hoodpay will deduct the Transaction Fee from each transaction processed through the platform. You authorize Hoodpay to debit your account or the funds received from your transactions to cover the Transaction Fee and any applicable taxes.
Some businesses may qualify for a reduced Transaction Fee of 0.25% if they meet certain criteria as determined by Hoodpay at its sole discretion. To inquire about eligibility for the reduced Transaction Fee, please contact us at [[email protected]]. Hoodpay reserves the right to modify, revoke, or suspend the reduced Transaction Fee for any qualifying businesses at any time, with or without notice.
Prohibited Use
In addition to the requirements set forth in Section 4 (User Conduct), Hoodpay strictly prohibits certain uses of the Services ("Prohibited Uses"). By using the Services, you represent and warrant that you will not engage in any Prohibited Uses.
Prohibited Uses include, but are not limited to:
a. Any activity that violates any applicable law, regulation, or government order.
b. Engaging in deceptive or fraudulent practices, including misrepresentation of your identity, business, or the nature of your transactions.
c. Conducting transactions on behalf of a third party without proper authorization or disclosure to Hoodpay.
d. Using the Services to facilitate any activity related to money laundering, terrorist financing, or other illegal financial activities.
e. Exploiting, harming, or attempting to exploit or harm minors in any way.
f. Transmitting or distributing any malicious software, including viruses, worms, or any other harmful code.
g. Participating in unlawful gambling activities or promoting such activities through the use of the Services.
h. Infringing upon the intellectual property rights of others, including but not limited to unauthorized use or distribution of copyrighted material, trademarks, or trade secrets.
i. Engaging in abusive or harmful conduct towards others, including but not limited to harassment, bullying, defamation, or invasion of privacy.
j. Interfering with or disrupting the normal functioning of the Services, or attempting to gain unauthorized access to the Services or other users' accounts.
Hoodpay reserves the right to monitor and investigate any suspected Prohibited Uses and to take appropriate action, including but not limited to reporting such activities to law enforcement, suspending or terminating your access to the Services, or pursuing legal remedies.
Users are required to adhere to all written policies established by Hoodpay, including but not limited to those provided in this Agreement, and to cooperate fully with Hoodpay's efforts to prevent, detect, and address any Prohibited Uses or other violations of this Agreement.
If you have any questions or concerns about whether your activities may be considered Prohibited Uses, please contact us at [email protected].
Restricted Businesses
In addition to the requirements set forth in Section 4 (User Conduct), Hoodpay prohibits the use of its Services for certain types of businesses, industries, and activities (collectively, "Restricted Businesses"). By using the Services, you represent and warrant that you are not engaged in any Restricted Business.
Restricted Businesses include, but are not limited to:
a. Illegal or high-risk activities, such as the sale or distribution of drugs, illegal gambling, or any other activities prohibited by applicable law.
b. Financial services, including but not limited to money transmission, investment services, escrow services, lending, or cryptocurrency exchanges.
c. Adult content or services, including but not limited to pornography, escort services, or adult entertainment.
d. Sale or distribution of counterfeit or stolen goods, including but not limited to unauthorized replicas or copies of copyrighted material.
e. Sale or promotion of weapons, firearms, ammunition, or other items that may cause harm or injury.
f. Any activities that infringe upon the intellectual property rights of others, including but not limited to the sale or distribution of pirated software, music, or movies.
g. Activities promoting or supporting hate speech, discrimination, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, or any other protected characteristic.
h. Pyramid schemes, multi-level marketing (MLM) programs, or other "get rich quick" schemes.
i. Collection or sale of personal data without the express consent of the data subjects.
Hoodpay reserves the right, in its sole discretion, to determine whether a business or activity is a Restricted Business and to deny or terminate access to the Services to any User engaged in such activities. Hoodpay may update this list of Restricted Businesses at any time, with or without notice.
If you have any questions or concerns about whether your business or activity is considered a Restricted Business, please contact us at [email protected].
Conditional Use
Hoodpay may, in its sole discretion, permit Users engaged in certain businesses, industries, or activities that are not explicitly listed as Restricted Businesses but may still pose heightened risks or require additional compliance measures (collectively, "Conditional Businesses") to access and use the Services, subject to additional terms and conditions, monitoring, or due diligence procedures.
If you wish to use the Services for a Conditional Business, you must:
a. Disclose the nature of your business or activities to Hoodpay during the account registration process or at any time upon request.
b. Provide any additional information, documentation, or assurances that Hoodpay may require to assess the risks associated with your business or activities.
c. Comply with any additional terms, conditions, or restrictions that Hoodpay may impose in its sole discretion, which may include increased fees, transaction limits, or enhanced monitoring.
Hoodpay reserves the right to deny or terminate access to the Services for any User engaged in a Conditional Business if, in its sole discretion, Hoodpay determines that the risks or compliance burdens associated with such business or activities are unacceptable or cannot be adequately managed.
If you have any questions or concerns about whether your business or activity is considered a Conditional Business, please contact us at [email protected].
Intellectual Property
All content, trademarks, and other intellectual property related to the Services are the property of Hoodpay or its licensors and are protected by applicable laws. You are granted a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal and internal business purposes, subject to your compliance with this Agreement.
Risk of Cryptocurrency
You acknowledge and agree that by using the Services, you understand the inherent risks associated with using, trading, and holding cryptocurrencies. Cryptocurrencies are subject to price volatility, regulatory changes, and potential security risks, including but not limited to hacking, theft, or loss of access to private keys.
Before using the Services, you should carefully consider the risks associated with cryptocurrencies and determine whether such risks are acceptable to you. Hoodpay provides the Services for informational and transactional purposes only and does not offer investment advice, tax advice, or legal advice. We encourage you to consult with your own financial, tax, or legal advisors before making any decisions regarding the use of cryptocurrencies.
By using the Services, you acknowledge that you have been informed of the risks associated with cryptocurrencies and that you assume full responsibility for any losses, damages, or costs incurred as a result of your use of the Services or your engagement in cryptocurrency-related activities.
Termination
We reserve the right to terminate or suspend your access to the Services, without prior notice, if we determine, in our sole discretion, that you have violated this Agreement or engaged in any illegal or harmful activities. Upon termination, your right to access and use the Services will cease immediately.
Disclaimer of Warranties
The Services are provided "as is" and "as available," without warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be error-free, uninterrupted, or secure, or that any defects will be corrected.
Limitation of Liability
To the fullest extent permitted by applicable law, Hoodpay, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from
(a) your access to or use of or inability to access or use the Services;
(b) any conduct or content of any third party on the Services;
(c) any unauthorized access, use, or alteration of your Account or data; or
(d) any other matter relating to the Services, whether based on warranty, contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.
In any case, our aggregate liability to you for all claims arising out of or relating to the use of or inability to use the Services, whether in contract, tort, or otherwise, shall not exceed the greater of
(i) the total amount of fees paid by you to Hoodpay in the twelve (12) months prior to the event giving rise to the liability, or
(ii) one hundred US dollars (USD 100).
Indemnification
You agree to indemnify, defend, and hold harmless Hoodpay, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or in connection with
(a) your access to or use of the Services;
(b) your violation of this Agreement;
(c) your violation of any applicable law or the rights of any third party; or
(d) any content you submit, post, or transmit through the Services.
No Warranty
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HOODPAY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS MAKE NO WARRANTY THAT
(a) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
(d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
Dispute Resolution and Governing Law
This Agreement and any disputes or claims arising out of or relating to it shall be governed by the laws of the State of Wyoming, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in Wyoming, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
Changes to this Agreement
We reserve the right to update or modify this Agreement at any time. We will provide notice of any material changes by posting the updated Agreement on our website or through other means. Your continued use of the Services following any such changes constitutes your acceptance of the revised Agreement.
Feedback
We welcome feedback, comments, ideas, and suggestions for improvements to the Services ("Feedback"). You can submit Feedback by contacting us at [email protected].
By submitting Feedback, you grant us an unrestricted, non-exclusive, perpetual, irrevocable, royalty-free, worldwide, and transferable license to use, reproduce, distribute, sublicense, create derivative works from, and otherwise exploit your Feedback for any purpose, without any compensation to you or any restriction or obligation on our part.
Miscellaneous
This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Hoodpay with respect to the Services and supersedes any prior or contemporaneous understandings, agreements, or representations. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Our failure to enforce any right or provision of this Agreement shall not be considered a waiver of those rights. You may not assign your rights or obligations under this Agreement without our prior written consent.
If you have any questions or concerns about this Agreement or the Services, please contact us at [email protected].
Hoodpay, LLC
1309 Coffeen Avenue Ste 8393
Sheridan, WY 82801
United States