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Gnosis Pay WebApp Terms of Service

Updated

This article contains the full legal Terms of Service for the Gnosis Pay Web App. This agreement governs your relationship with Gnosis Pay and outlines your rights, responsibilities, eligibility requirements, and the terms of use for the service and related Gnosis Pay Services. Please read this document carefully.

 

(Terms last updated 29 May 2024)

YOU ARE RESPONSIBLE FOR CHECKING THE GNOSIS PAY WEB APP PERIODICALLY IN ORDER TO REVIEW THE CURRENT VERSION OF THE GNOSIS PAY TERMS OF SERVICE THAT APPLY AT THAT TIME.

 

 

  1. About these terms of service

    1. These legal terms of service, including the Support Schedule and any other documents referred to herein (save for our Privacy Policy), form the agreement (together, the “Agreement”) between you and:

      1. where you are resident in a Supported Country (as defined below) that is outside the European Economic Area (“EEA”), Gnosis Pay Co Ltd; or

      2. where you are a resident in the EEA, Gnosis P. Tech, Unipessoal Lda (ex-Heróis Dos Sinónimos Unipessoal Lda)

      (each entity in (i) or (ii) being, “Gnosis Pay”) and by accepting these terms of service you agree to be legally bound by the terms of the Agreement.

    2. Gnosis Pay Co Ltd is a company registered in England and Wales under company number 14919639, with its registered office at 12 New Fetter Lane, London, United Kingdom, EC4A 1JP and with VAT number 449 6278 47. Gnosis P. Tech, Unipessoal Lda is a company registered in Portugal under company number 517 666 898, with its registered office at Rua António Maria Cardoso, no 25, 4o, 1200-027, Lisbon and with VAT number 517 666 898.

    3. Gnosis Pay and/or its Group Companies operate the website: app.gnosispay.com (the “Gnosis Pay Web App”).

    4. The Agreement describes how you may access and use the Gnosis Pay Web App and the terms and conditions on which the Gnosis Pay Web App and related services (as described in Sections 6.a and 6.c) are provided by us to you, excluding any Third Party Services (“Gnosis Pay Services”).

    5. When certain words and phrases are used in the Agreement, they have specific meanings (these are known as ”defined terms”). You can identify these defined terms (except for the defined terms in Section 1.f) because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the Section of the Agreement where it was defined (you can find these meanings by looking at the sentence where the defined term is included either in brackets and speech marks. All defined terms are listed in Section 22 of the Agreement.

    6. In the Agreement, when we refer to “we”, “us” or “our”, we mean Gnosis Pay; and when we refer to "you" or "your" we mean you, the person who successfully registers an Account with us and uses and/or receives the Gnosis Pay Services in accordance with the terms of the Agreement. Reference to any “Section” is to a Section of the Agreement.

    7. We only use your personal information in accordance with our Privacy Policy.

    8. IMPORTANT: 

      Gnosis Pay has been engaged by Monavate to manage the Card program on behalf of Monavate and is a technical services provider as further described in your cardholder terms with Monavate, which you can view here if you are based in the EEA, and here if you are based outside of the EEA (each, as applicable, “Cardholder terms”). Monavate is an electronic money institution that is authorised and licensed to issue payment cards and provide payment services. While your Card order will be processed by Gnosis Pay under the terms of this Agreement, Cards are issued by Monavate. Card-related activities (including, without limitation, eligibility verification and onboarding, and the provision of the Card) and use of the Card are therefore governed by your Cardholder terms and, in accordance with the Cardholder terms, Gnosis Pay will perform these activities on behalf of Monavate. Accordingly, Gnosis Pay shall have no liability to you for any loss or damage that you may suffer (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising in connection with the provision of such activities. Please carefully review the Cardholder terms. This does not affect your rights under the Cardholder terms.

    9. REGULATORY DISCLAIMER:

      Your Account is not a regulated product or service under applicable laws and is therefore not subject to the protection or the rules of, if you are UK resident, the Financial Conduct Authority; if you are a Swiss resident, the Swiss Financial Market Supervisory Authority, or an applicable financial regulator.

    10. For the avoidance of doubt, Gnosis Pay is not regulated, licensed, or authorised by any regulatory authority; it does not at any time enter into the possession of crypto-assets stored in a Wallet or transacted through Cards and does not provide any regulated payment or crypto services.
      ​

  2. Eligibility

    1. You must be resident in a Non-EEA Supported Country to have an Account with Gnosis Pay Co Ltd. You must be resident in the EEA to have an Account with  Gnosis P. Tech, Unipessoal Lda.

    2. To order a Card, and register for an Account and use and/or receive the Gnosis Pay Services you must:

      1. be an individual, aged 18 or over, resident in a supported country as listed in our FAQ (each such country being a "Supported Country") and meet our eligibility requirements;

      2. not be on the United States Department of Commerce, Bureau of Industry and Security’s Denied Persons List; identified as a “Specially Designated National” by the Office of Foreign Assets Control of the U.S. Department of the Treasury; or classified or otherwise identified (or previously classified or identified as) or affiliated with a person that is classified or otherwise identified on a specially designated persons/blocked persons list published by international organisations, including, but not limited to the United Nations, European Union and its Member States, United States and United Kingdom sanctions lists, nor are you located in, under the control of, or a national or resident of: (i) any countries sanctioned by the United States, United Nations, United Kingdom or the European Union and its Member States;

      3. undergo, and successfully complete, the relevant onboarding process, including providing all information and documents (the “Onboarding Process”) we (or our Compliance Provider(s)) may request (on behalf of ourselves, or pursuant to, and in accordance with, the Cardholder terms) to comply with applicable laws relating to “know your customer” and anti-money laundering.

      4. have a Signing Wallet; and

      5. accept and comply with this Agreement and the Cardholder terms.

    3. By ordering a Card, registering for an Account and by using the Gnosis Pay Services, you represent and warrant that:

      1. you meet the eligibility requirements described in Section 2.2 above;

      2. you have the legal capacity, and full right, power and authority, to form a binding agreement with us on the terms of this Agreement;

      3. you are compliant and will remain compliant with this Agreement and the Cardholder terms, including but not limited to meeting the eligibility requirements set out in Section 2.2 above on an ongoing basis;

      4. you are compliant and will remain compliant throughout your use of the Gnosis Pay Services with all legal and regulatory requirements to which you are subject, including without limitation, all tax laws and regulations, exchange control requirements and registration requirements, and you will not use the Gnosis Pay Services if any laws or regulations applicable to you prohibit you from doing so in accordance with this Agreement;

      5. all the information that you provide to us under or in connection with this Agreement is complete and accurate at all times;

      6. you are the person who owns and controls the Signing Wallet(s) connected to your Account, ;

      7. you are the person who owns and controls the Signing Wallet(s) which controls your Safe, and therefore you are the person who owns and controls the Safe;

      8. all activities on your Account and/or via your Signing Wallet(s) are deemed to be activities carried out by you and you will only use the Account for your own personal purposes and not on behalf of any other person or entity;

      9. you will not use the Gnosis Pay Services if any laws or regulations applicable to you prohibit you from doing so in accordance with this Agreement;

      10. you are the person whose details you have provided to us (and who owns the Card linked to the 16-digit Card number); and

      11. you will notify us immediately if there are any changes to the information you have provided to us.

    4. We reserve the right from time to time to request any additional information from you, including but not limited to, for security, customer due diligence and anti-money laundering purposes, and to perform such other checks as we may in our discretion deem appropriate to comply with applicable laws and you must cooperate by providing such information upon request and provide such information in a format acceptable to us. You authorise us to share any such information with Monavate, our Compliance Partners or as required by any competent regulatory authority. You agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information you have provided to us. We may also ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents. You are responsible for ensuring that any information you have provided to us is kept up to date. If your personal information changes, you shall promptly notify us and update the personal information we hold about you.

    5. We have the right to disable or restrict your Account or use of the Gnosis Pay Services at any time, if you have failed or ceased to comply with any of the provisions of this Agreement and/or breached any applicable law. 
      ​

  3. Your Safe, Signing Wallet and Security Credentials

    1. The Safe is an open-source self-custodial blockchain wallet that is owned and controlled by you through your Signing Wallet. The Safe is not provided, offered, hosted or owned by us, and it is not a regulated e-money account or a payment account.

    2. The Safe is a funding source for transactions you carry out when using the Card in accordance with the terms of the Cardholder terms. When you place an order for a Card, you will be required to connect your Signing Wallet to the App so that we may propose a transaction for the deployment of your Safe on Gnosis Chain. You must sign the proposed transaction using your Signing Wallet to authorise and execute the transaction deploying your Safe, which is necessary to use the Gnosis Pay Services.

    3. You use your Signing Wallet to control your Safe and to access your Account on the Gnosis Pay Web App. You will have a separate agreement in place with the Signing Wallet software provider. That separate agreement will describe, amongst other things, your ability to use the Signing Wallet to interact with blockchain applications and smart contract protocols (such as the Safe) to (amongst other things) store, receive and transfer crypto-assets. You are responsible for reviewing the agreement, technology and security protocols associated with your Signing Wallet. Gnosis Pay does not offer a crypto-asset wallet or take possession, control or custody of your crypto-assets or Supported Funds at any time.

    4. You use your Security Credentials to access and use your Signing Wallet. It is solely your responsibility to take reasonable steps to safeguard and keep your Security Credentials secure and confidential and you must not disclose them to any third party or lose them. We are not responsible if you lose your Security Credentials or share them with anyone else in breach of this Section 3.d, in which case, you will be responsible for any loss or damage you may suffer (whether in contract, tort (including negligence), breach of statutory duty or otherwise) as a result of any resulting unauthorised use of your Account, Safe or Signing Wallet or failure to be able to access and use your Signing Wallet, your Account on the Gnosis Pay Web App or your Safe. If you lose your Security Credentials you will be unable to access your Signing Wallet which will mean you will be unable to access your Account on the Gnosis Pay Web App or your Safe. In addition, if any third party gains access to your Security Credentials, they will be able to access your Account on the Gnosis Pay Web App and will also be able to access your Signing Wallet to sign transactions including in respect of your Safe which may result in you losing any Supported Funds or any other crypto-asset in your Safe or any other crypto-assets associated with your Signing Wallet.

    5. If you are unable to access your Account on the Gnosis Pay Web App because you have lost your Security Credentials, or you suspect or become aware that there has been or may be any unauthorised disclosure, access or use of your Security Credentials or you notice any other irregularities in relation to your Account or Card, you must notify our Customer Support immediately at help@gnosispay.com.

    6. You authorise us to act on any instruction received from you via your Account. Where we receive any instruction from a person using your Security Credentials to access your Account, we shall be entitled to treat such instructions as having been received by you. We are under no obligation to check the authenticity or accuracy of instructions received via your Account.

    7. To the maximum extent permitted by law, Gnosis Pay shall have no liability to you for any loss or damage that you may suffer (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising in connection with any mistaken or unauthorised use of your Safe, Account, Signing Wallet or Security Credentials.
      ​

  4. Card Order and Delivery

    1. To order a Card, you shall first be required to undergo, and successfully complete, the Onboarding Process (as described in Section 2.2.3). The Onboarding Process is carried out by Gnosis Pay (on behalf of itself in respect of certain activities such as Account registration and on behalf of Monavate in respect of any Card-related activities as further described in the Cardholder terms) in conjunction with one or more third party compliance service providers (“Compliance Providers”), and as part of the Onboarding Process, you will be redirected to the Compliance Provider’s platform and you shall be required to provide certain information and documentation verifying your identity, address, source of wealth and such other matters as may be necessary to comply with our “know your customer” or similar obligations and to comply with any anti-money laundering requirements and other applicable laws and regulations in connection with the issuance of a Card to you by Monavate.

    2. You are responsible for ensuring that your Card order, and any information or details you submit, is complete, accurate, and provided within the timeframes set by Gnosis Pay or the Compliance Providers.

    3. You acknowledge and accept that your Card order may not be received or processed by us until:

      1. you have successfully completed the Onboarding Process;

      2. you have accepted the Cardholder terms, which will be provided to you as part of the Card order process;

      3. you have provided all information and documentation that may be requested by Gnosis Pay or the Compliance Providers, including any follow-up requests;

      4. you have paid the relevant Admin Fee (as defined below); and

      5. We (on behalf of Monavate, pursuant to the Cardholder terms) have determined that it is permissible to issue a Card to you under applicable law and subject to the Cardholder terms.

    4. Acceptance of your Card order

      1. After you place an order, you will receive an onscreen prompt from the Gnosis Pay Web App acknowledging receipt, but please note that this does not mean that your order has been accepted. Our acceptance of your order only takes place when we confirm to you via email that it has been accepted.

      2. We reserve the right to reject any order, or revoke approval for any order (in each case on behalf of Monavate pursuant to the Cardholder terms), if we determine that you do not meet the eligibility criteria or for any other reason in our sole and absolute discretion.

      3. If you are not eligible to receive a Card for whatever reason, we will inform you and we will not process your order.

    5. Delivery of the Card

      1. Once we have accepted your order and the Card has been dispatched for delivery, we will notify you of the Card’s estimated delivery date and other key information via email. This is an estimate only and is in no way intended to be binding. We will deliver the Card to the address you specify in the order.

      2. Occasionally, our delivery of the Card to you may be affected by an event outside of our reasonable control. If this occurs, we will notify you as soon as reasonably practicable, and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you may terminate the Agreement and receive a refund of the Admin Fee. As long as we have taken the steps set out in this Section, we are not responsible for delays outside our control.

      3. In no event are we liable to you if we fail to deliver or are delayed in delivering your Card because you failed to provide adequate delivery instructions or any other information or instructions that are relevant to the Card order process or delivery of a Card to you, or otherwise due to your negligent actions or inactions or wilful misconduct.

    6. Card Activation. Following delivery of the Card, you must activate the Card before it can be used from your Account. Details on how to activate the Card will be provided to you on delivery of the Card.

    7. No returns or refunds. Once the order is placed, the Card cannot be returned and the Admin Fee that you have paid is non-refundable except (a) as expressly set out in section 4.e.ii above; or (b) iIf we deliver the Card and you (i) give us notice in writing within fourteen (14) days of delivery that the Card is defective and does not comply with payment card industry standards; (ii) return the Card to us within fourteen (14) days of the date you send us your notice, and (iii) give us a reasonable opportunity to investigate and examine the operation and functionality the Card, provided that the fault, defect or damage was not caused by you, we may, at our option and in our sole and absolute discretion, repair or replace the defective Card, or refund you the Admin Fee within fourteen (14) days of receiving the defective Card back from you.

    8. We will not be liable for the cost of repair or replacement of the Card pursuant to Section 4.7 if:

      1. the defect arises because you failed to follow instructions relating to the activation of the Card or its use;

      2. you use the Card in breach of any of the Cardholder terms;

      3. the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or use.

    9. Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Card. As set out under Section 1.8 of this Agreement, the Card is issued by Monavate. Any representation, condition or warranty relating to the Card which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law.

     

  5. Your Gnosis Pay account and activation

    1. You will need to successfully register an account with us on the Gnosis Pay Web App in order to use and/or receive the Gnosis Pay Services (“Account”). In order to register an Account and/or use the Gnosis Pay Services, you must (in addition to satisfying the requirements in Section 2.b above) have ordered and received a Card and be complying with this Agreement and the Cardholder terms.

    2. In order to register an Account, you will be asked to provide certain information (such as your 16-digit Card number) and to connect your Signing Wallet to the Gnosis Pay Web App as part of our security procedures. You must keep your Card and any information you use with a Card safe and secure and you must ensure you do not disclose or provide access to your Security Credentials to any third party (please see Section 3.d). If you do make any unauthorised disclosures or allow access in breach of this Section, you are responsible for any unauthorised use of your Account by such third parties.

    3. In order to register an Account you must also deploy certain software models to your Safe as follows:

      1. deploy the Roles Module; and

      2. deploy the Delay Module.

      Based on your instructions, the Gnosis Pay Web App will propose a transaction relating to the deployment of the Roles Module and the Delay Module but we are not responsible for sending it to the Gnosis Chain. In order to complete such deployment, you will be responsible for approving such transaction through your Signing Wallet by signing the proposed transaction with your Security Credentials so that such transaction can be sent to (and executed on) the Gnosis Chain from your Signing Wallet.

    4. Once you have successfully registered your Account (including, without limitation, successfully completing our Onboarding Process), we will provide you with confirmation of your successful Account registration. Prior to our confirmation that you have successfully registered your Account you will be unable to use and/or receive some of the Gnosis Pay Services. We reserve the right to refuse to register your Account at our sole and absolute discretion, without providing reasons to you.

    5. Your Account is a personal account and you must not use it for business purposes.

    6. In order to continue to use and/or receive the Gnosis Pay Services if your Card expires and you are provided with a new Card by Monavate, you will need to activate your new Card via the Gnosis Pay Web App by following the instructions provided to you in the Gnosis Pay Web App.
      ​

  6. Our services

    1. We grant to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right (without the right to grant sub-licences) to access and use the Gnosis Pay Web App on a software-as-a-service basis via your Signing Wallet in order to use and/or receive the Gnosis Pay Services. The Gnosis Pay Web App provides an interface that allows you to:

      1. order your card;

      2. activate your Card with Monavate (including proposing a transaction to deploy and configure your Safe with the Roles Module and Delay Module in accordance with Section 5.c);

      3. view your Safe address;

      4. view the Supported Funds associated with your Safe;

      5. view the Card transaction(s) funded by your Safe;

      6. view any pay-in or pay-out transactions in Supported Funds that you carry out from or to your Safe (other than Card transactions funded by your Safe);

      7. manage your Card by allowing you to:

        1. view your Card PIN;

        2. place a limit on the daily spend on your Card (based on your instructions, the Gnosis Pay Web App will propose a transaction relating to limiting your daily spend. You will be responsible for approving such transaction through your Signing Wallet by signing the proposed transaction with your Security Credentials so that such transaction can be sent to (and executed on) the Gnosis Chain from your Signing Wallet);

        3. freeze and un-freeze your Card; and

        4. report your Card as being lost or stolen, and order a replacement Card;

      8. propose transactions relating to pay-outs from your Safe (based on your instructions, Gnosis Pay will propose a transaction relating to such pay-outs. You will be responsible for approving such transaction via your Signing Wallet by signing the proposed transaction with your Security Credentials so that such transaction can be sent to (and executed on) the Gnosis Chain from your Signing Wallet); and

      9. seek assistance via the helpdesk

    2. Since the Safe is a self-custodial wallet under your sole ownership and control, you may create and approve transactions (using your Security Credentials) to configure your Safe (whether they occur inside or outside the Gnosis Pay Web App) independently of the propose transaction referred to in section 6.a.vi.2 above, and if you carry out such configurations (which, for the avoidance of doubt, do not include those listed in Sections 5.c. and/or 6.a.vi.2.) (“Prohibited Configurations”) they will result in the Card becoming incompatible with the Safe such that it can no longer be used as a funding source for your Card. Gnosis Pay will not be liable to you for any loss or damage you may suffer (whether in contract, tort (including negligence) breach of statutory duty or otherwise) as a result of such Prohibited Configurations, including any loss of use of your Card.

    3. As part of the Gnosis Pay Services, we provide you with certain Support Services in relation to the Gnosis Pay Web App and in relation to the Card. Support Services in relation to the Card are provided by us on behalf of Monavate pursuant to the Cardholder terms. Details of the Support Services and how to request support are set out in Schedule 1 below.

    4. You acknowledge that if we are told by Monavate not to permit (or to permit) a transaction on your Card to be funded by your Safe, or to block your Card, we will act on such instruction and we are not liable to you for any loss or damage you may suffer as a result (whether in contract, tort (including negligence) for breach of statutory duty or otherwise). In such circumstances, you may not be able to unblock your Card via the Gnosis Pay Web App as a result.

    5. Before signing any transaction via your Signing Wallet using your Security Credentials, please always check the transaction is correct including the transaction amount and recipient address. The nature of crypto-asset and other blockchain transactions is that they are irreversible. This means accidental or fraudulent transactions in respect of crypto-assets may not be recoverable. We are not responsible and disclaim all liability for any loss or damage you may suffer (whether in contract, tort (including negligence), breach of statutory duty or otherwise) as a result of you entering incorrect amounts or recipient information.
      ​

  7. Charges for the Gnosis Pay Services

    1. We will charge you an initial one-off admin fee of EUR 30.23 for commencement of the Gnosis Pay Services (the “Admin Fee”). The Admin Fee is charged to you during the Card order process.

    2. Since the production of a Card is personalised to you, you may only cancel an order and receive a refund of the Admin Fee within 14 days of the order being placed by sending us a written notice to cancel the order by email to help@gnosispay.com, except as otherwise set out under Section 4.e.ii. of this Agreement. Please include details of your order to help us identify it. Your notice to cancel the order will be effective from the date we receive the email. We will confirm receipt of your cancellation and process any refund that may be due as soon as reasonably practicable.

    3. Please note that you may be subject to the following third-party charges in connection with using the Gnosis Pay Services (“Third Party Charges”): (i) you will be liable for certain fees associated with your use of the Card which are charged to you by Monavate pursuant to the Cardholder terms. Please see the Cardholder terms for more information; (ii) by performing any on-chain transactions, you agree to bear all costs necessary to conduct such transactions, such as "gas" cost on blockchain networks, for the computational resources required to perform a transaction on the particular blockchain network, which you acknowledge and agree that Gnosis Pay has no control over. It is solely your responsibility to ensure that you have a sufficient balance of crypto-assets stored in your Safe to complete any on-chain transaction before initiating such a transaction; and (iii) any fees charged by Third Party Services are set and charged exclusively and solely by such third-party service providers and not by us. Please read and decide on accepting the fee terms of such third-party service providers before deciding on whether to use such Third Party Services.
      ​

  8. Prohibited Uses and Acceptable use

    1. General

      1. You agree not to (nor attempt to):

        1. use the Gnosis Pay Services in any way that breaches the Agreement, the Cardholder terms, or any applicable local, national or international laws or regulations;

        2. copy, or otherwise reproduce or re-sell, or decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to any part of the Gnosis Pay Web App unless expressly permitted to do so under the Agreement;

        3. do any act or thing that jeopardises the security of your Wallet or anyone else’s (such as allowing someone else to log in to your Account as you), or obtain or seek to obtain the private key, password, account, or other Security Credentials from any other user, including such information about their Wallet;

        4. violate the security of any computer network, or crack any passwords or security encryption codes;

        5. do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Gnosis Pay Web App or any equipment, network or software used in operating the Gnosis Pay Web App;

        6. engage in any other activities deemed inappropriate by us or which might damage Gnosis Pay’s reputation;

        7. misuse the Gnosis Pay Web App by knowingly or negligently introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Gnosis Pay Web App, the server on which the Gnosis Pay Web App is stored or any server, computer or database connected to the Gnosis Pay Web App. You must not attack the Gnosis Pay Web App via a denial-of-service attack or a distributed denial-of service attack. By breaching this Section, you would commit a criminal offence under the Computer Misuse Act 1990 or equivalent laws in your jurisdiction. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them;

        8. access the Gnosis Pay Web App using any technology or methods for the purposes of circumventing or attempting to circumvent any of the restrictions in this Agreement (including, without limitation, acting on behalf of another person or legal entity; using a Virtual Private Network (VPN) to modify your internet protocol address; or using a privacy-enhancing or anonymising tool such as a mixer or privacy network in order to circumvent any restriction hereunder or requirements under applicable laws); or

        9. use or attempt to use the Gnosis Pay Web App and Signing Wallet to create or sign transactions (using your Security Credentials) which breach applicable law or create or approve transactions which are to or from persons which are sanctioned or prohibited by applicable law.

    2. User Generated Content

      1. If you upload any content to the Gnosis Pay Web App (including the Helpdesk) – whether it be data, software, pictures, text, documents or whatever – the content you supply (“User Generated Content”) must comply with the following rules:

        1. it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;

        2. it must not harass or bully another person;

        3. it must be true and honest so far as you know;

        4. it must not be defamatory of anyone;

        5. it must not use the material or content or infringe the intellectual property rights or rights of privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own or you have appropriate licences and permissions);

        6. it must not contain someone else’s personal details or confidential information relating to other people; and

        7. it must not promote or condone terrorism, violence or illegal behaviour.

      2. We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these rules.
        ​

  9. Intellectual property

    1. Gnosis Pay and its licensors own all intellectual property rights in the Gnosis Pay Services, including the Gnosis Pay Web App and its content (all subsequent copies of, and modifications, adaptations, amendments and additions to the same regardless of who made them), the Gnosis Pay name and mark and Gnosis Pay product names and images. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.

    2. You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in the Agreement.

    3. No part of the Gnosis Pay Web App, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.

    4. Any communications or materials you send to us through the Gnosis Pay Web App by electronic mail or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information (including for the avoidance of doubt any User Generated Content your provide to us) contained in such communications or material in any manner any for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products and services. We shall have no obligation to provide you with attribution for any User Generated Content you provide to us
      ​

  10. Linked services

    1. From time to time, we may integrate or make available third party tools, websites or services from within, or linked to within, the Gnosis Pay Web App (“Third Party Services”). Third Party Services are provided for convenience purposes only and should not be interpreted as an endorsement by us of any such Third Party Services, nor do they constitute any financial or investment advice by Gnosis Pay.

    2. Your use of any Third Party Services is subject to separate terms and conditions between you and the relevant third party provider. You may need to register an account and undertake a separate onboarding with third party providers to use some or all of the tools or services they provide. Please make sure you read the third party service provider’s terms and conditions and you understand the risks associated with such Third Party Services before using them.

    3. If you experience any issues in relation to your use of any Third Party Services, you should refer to the applicable terms and conditions and contact the third party service provider directly to resolve the matter as we do not have control over Third Party Services. Nonetheless, we welcome your feedback about any Third Party Services you use and would be grateful if you could report any issues with relevant third party providers to us at help@gnosispay.com.

    4. We assume no responsibility to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for the content or the provision, or receipt, of any Third Party Services including but not limited to:

      1. your use of such Third Party Services or any loss, liability, claim or expense you may suffer as a result of such use;

      2. the performance, availability or functionality of Third Party Services;

      3. any actions carried out through such Third Party Services; or

      4. any bugs, viruses, vulnerabilities, trojans, worms, logic bombs or other material which is malicious or technologically harmful, or other technological issues or malfunctions in or affecting such Third Party Services.
        ​
        ​

  11. Liability exclusions in relation blockchain-related technology

    1. You acknowledge and agree that:

      1. the Gnosis Pay Web App allows you to (based on your instructions) propose transactions for approval through your Signing Wallet (and if you approve a transaction you will then be required sign the proposed transaction with your Security Credentials so that such transaction can be sent to (and executed on) the Gnosis Chain from your Signing Wallet). In such circumstances you are responsible for checking the accuracy of your instructions to us that are used as the basis to propose the relevant transaction for approval and if you approve it you are responsible for signing the proposed transaction with your Security Credentials so that such transaction can be sent to (and executed on) the Gnosis Chain from your Signing Wallet. We are not responsible for these transactions sent by your Signing Wallet and do not Guarantee they will be executed on Gnosis Chain.

      2. the provision of the Signing Wallet is subject to your agreement with the relevant third party Signing Wallet provider. We shall have no liability to you for any loss or damage that you may suffer (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising in connection with the provision or your use of, or the services provided by, your Signing Wallet. You should familiarise yourself with the terms and conditions of the relevant Signing Wallet provider;

      3. we shall have no liability to you (whether in contract, tort (including negligence), breach of statutory duty or otherwise) for the provision, your use of, or security, of the Safe (this is because, for example, it is accessible by other third party software applications and your use of any such applications may be subject to separate terms and conditions);

      4. you alone are responsible for securing your Security Credentials. Where you lose your Security Credentials and/or access to your Signing Wallet or Safe, or your Signing Wallet or Safe is compromised or becomes inaccessible, (in each case howsoever caused) then you may permanently and irreversibly lose access to your Signing Wallet and Safe (including losing access to and control over the crypto-assets stored in your Signing Wallet and Safe), and the ability to interact with your Safe via the Gnosis Pay Web App. Once such access is lost, you will not be able to transfer the crypto-assets stored in your Safe or Signing Wallet to any other address or Wallet;

      5. no Group Company controls Gnosis Chain (including its consensus mechanism, operation and/or governance) and we have no liability for the operation of Gnosis Chain pursuant to the terms of the Agreement and we do not Guarantee that transactions sent to Gnosis Chain will be executed. Under no circumstances will Gnosis Pay be liable to you for any loss or damage you may suffer (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of or in connection with Gnosis Chain;

      6. no Group Company (including any Group Company officers, directors, employees or agents, or advisors) at any time:

        1. gives any Guarantee as to the regulatory status of the Supported Funds or any other crypto-assets in your Safe and/or Signing Wallet, including, but not limited to, whether or not such Supported Funds and/or crypto-assets are securities, transferable securities or any type of specified investment in any jurisdiction; nor

        2. provides any legal, regulatory, or other specialist advice, endorsement or recommendation to you in respect of the compliance of the Supported Funds or any other crypto-assets in your Safe and/or Signing Wallet with any relevant financial services laws and regulations, and such persons shall have no liability to, nor shall they assume any duty of care to, you in respect of any such laws or regulations;

      7. legislative and regulatory changes or actions at state or international level may adversely affect the use, transfer, exchange, ownership, sale and/or the value of blockchain-based assets such as the Supported Funds. There may be legal or regulatory restrictions, now or in the future, to acquire, own, hold, sell or use blockchain-based assets such as the Supported Funds or to exchange them for fiat currency in one or more countries;

      8. transactions on blockchain-based networks may be irreversible, and, accordingly, losses due to fraudulent or accidental transactions may not be recoverable; and

      9. the network upon which Supported Funds are transferred is subject to risks including flaws in the technology, exposure from hacking, malware and general security threats, 51% or other consensus-based attacks, changes in the consensus protocol or algorithms, decreased community or validator support, the existence or development of competing networks, platforms and assets, flaws in the scripting language, disputes between developers, validators and/or users and regulatory action, and the development of any such risk or any such security breach could compromise the Security Credentials which control the movement of Supported Funds. Gnosis Pay is not obliged to assist you and has no responsibility to you for resolving any such risks or the consequences of them. 
        ​
        ​

  12. General disclaimers

    1. Except as expressly provided in the Agreement and to the extent permitted by applicable law, the Gnosis Pay Services are provided "as is" and we disclaim all other conditions, warranties, representations, undertakings or other terms which might have effect between the parties with respect to the Gnosis Pay Services. We do not warrant anything in relation to systems that do not make up the Gnosis Pay Services.

    2. We do not guarantee that the Gnosis Pay Web App, or any content on or services related to it, will always be available or be uninterrupted. Access to the Gnosis Pay Web App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Gnosis Pay Web App without notice. We will not be liable to you if for any reason the Gnosis Pay Web App is unavailable at any time or for any period. We may update the Gnosis Pay Web App and/or change the content on it at any time without notice to you.

    3. You are responsible for making all arrangements necessary for you to have access to the Gnosis Pay Web App.

    4. The Gnosis Pay Web App and the content on it are provided for general information purposes only. They are not intended to amount to advice or a recommendation or endorsement on which you should rely. You are solely responsible for the final decision as to your actions on or in relation to the Gnosis Pay Web App.

    5. We do not guarantee that the Gnosis Pay Web App will be totally secure or free from bugs or viruses. The Gnosis Pay Web App may also be vulnerable to exploitation of vulnerabilities in the code, as well as human error. You are responsible for configuring your information technology, computer programmes and platform in order to access the Gnosis Pay Web App and we recommend that you use your own virus protection software.

    6. The Gnosis Pay Web App relies on the internet to function, and the public nature of the internet means that either parts of the internet or the entire internet may be unreliable or unavailable at any given time. Further, interruption, delay, corruption or loss of data, the loss of confidentiality in the transmission of data, or the transmission of malware may occur when transmitting data via the internet and/or other technologies. The internet or other electronic media (including without limitation electronic devices, services of third-party telecom service providers such as mobile phones or other handheld trading devices or interactive voice response systems) are an inherently unreliable form of communication, and such unreliability may be beyond Gnosis Pay’s control. The result of the above may be that a transaction you initiate is not executed according to your instructions, at the desired time, or not at all.

    7. Tax treatment of crypto-assets and of the Supported Funds may vary amongst jurisdictions. It is your sole responsibility to comply with the tax laws which are applicable to you. If you are unsure about the tax implications of your activities through your Account, you should seek independent professional advice before using your Account. We do not and will not provide you with any financial, tax, accounting, legal, or other professional advice.

    8. Under no circumstances shall we have any liability for any loss or damage you may suffer (whether in contract, tort (including negligence), breach of statutory duty or otherwise) caused by errors or omissions in any information, instructions or scripts provided to us by you or on your behalf in connection with the Gnosis Pay Services, or any actions taken by us at your direction.

    9. Gnosis Pay disclaims all liability and responsibility for any transaction signed via the Signing Wallet or any other actions you take via your Signing Wallet.
      ​

  13. Our liability

    1. Nothing in the Agreement excludes or limits our liability for:

      1. death or personal injury caused by our negligence;

      2. our fraud or fraudulent misrepresentation; and

      3. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.

    2. You agree not to use the Gnosis Pay Services, or any content on the Gnosis Pay Web App, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    3. Subject to the terms of the Agreement, if we fail to comply the terms of the Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Agreement or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Gnosis Pay Web App.

    4. Notwithstanding Section 13.c, in no event shall we be liable to you for any loss of data or for any indirect or consequential loss, whether arising from tort (including negligence), breach of contract, breach of statutory duty or otherwise.

    5. You agree to reimburse us and any Group Company for any losses, costs, liabilities and expenses we or our Group Company incurs as a result of your breach of the Agreement.

    6. Nothing in the Agreement affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office (or equivalent in your home jurisdiction).

    7. Our total liability to you for any loss or damage arising out of or in connection with the Agreement, whether in contract (including under any indemnity), tort (including negligence), breach of statutory duty or otherwise shall be limited to £100.
      ​

  14. Suspension and termination for cause, and our rights

    1. If (a) we have reason to believe or suspect (acting reasonably) that you are or may be in breach of any term of this Agreement (including any of the prohibited uses under Section 8), or (b) we are required to seek further information or documents from you, including through our Compliance Providers, and you fail to respond or fail to respond adequately or in a timely manner to such request, we have the right to immediately do any or all of the following (without limitation), with or without notice to you:

      1. issue a warning to you;

      2. temporarily or permanently withdraw your access and right to use the Gnosis Pay Web App;

      3. suspend or terminate provision of the Gnosis Pay Services to you;

      4. suspend or terminate your access to your Account;

      5. issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);

      6. take further legal action against you; and/or

      7. disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.

    2. If your right to use the Card is suspended or the Card is otherwise closed, frozen, deactivated or expires (in each case in accordance with the Cardholder terms) or if the circumstances in Sections 2.e or 3.e occur, we may immediately do any or all of the following (without limitation) with or without notice to you:

      1. temporarily or permanently withdraw your access and right to use the Gnosis Pay Web App;

      2. suspend or terminate provision of the Gnosis Pay Services; or

      3. suspend or terminate access to your Account.

    3. You acknowledge and agree that if we exercise any of our rights under Sections 14.a or 14.b above, you may not be able to use your Card.
      ​

  15. Other termination rights

    1. You may terminate the Agreement at any time by delivering a signed written notice to us at help@gnosispay.com to take effect on receipt by us.

    2. We may terminate the Agreement (in part or in whole) and/or cease providing any or all Gnosis Pay Services to you:

      1. at any time on thirty (30) days' notice to you;

      2. at any time on notice to you if the Cardholder terms terminate or without notice to you if you exercise your right to cancel the Cardholder terms;

      3. immediately on notice to you if:

        1. you become unable to pay your debts as they fall due or become insolvent or bankrupt or become the subject of any insolvency, bankruptcy or administration proceedings (under any applicable law);

        2. execution or distress is levied against any or all of your assets; or

        3. a receiver, liquidator, administrator or similar official is appointed in respect of you or any of your property (under any applicable rules); or

      4. immediately with or without notice to you if so required by any competent regulatory authority or court or under applicable law.
        ​

  16. Consequences of termination

    1. If the Agreement terminates for any reason or we otherwise suspend or terminate provision of the Gnosis Pay Services to you, you acknowledge and agree that you may not be able to use your Card and transactions you attempt to make using your Card may be declined.

    2. Termination of the Agreement shall not affect either our or your accrued rights, indemnities, existing commitments or any contractual provision intended to be active beyond termination.

    3. On termination of the Agreement for any reason:

      1. all licences granted under the Agreement shall immediately terminate and you shall immediately cease all use of the Gnosis Pay Services;

      2. subject to Section 16.c.iii, we may immediately end your use of and receipt of the Gnosis Pay Services;

      3. Gnosis Pay will, unless we are prohibited from doing so under applicable law, make the Gnosis Pay Web App available to you for a period of sixty (60) days from the date of termination of the Agreement solely to allow you to interact with your Safe (for example to propose transactions (and to sign the proposed transaction with your Security Credentials so that such transaction can be sent to (and executed on) the Gnosis Chain from your Signing Wallet) to remove any crypto-assets and/or Supported Funds from the Safe). Once the sixty (60) period has expired, you will no longer be able to interact with your Safe via the Gnosis Pay Web App. We therefore advise, prior to expiry of the aforementioned sixty (60) day period, you withdraw your Supported Funds and any other crypto-assets from the Safe to another Wallet you own and control or ensure you are able to interact with your Safe via an alternative interface to the Gnosis Pay Web App (ie, an interface provided by a third party). If for whatever reason you do not log in to the Gnosis Pay Web App within the aforementioned sixty (60) day period to withdraw your Supported Funds and any other crypto-assets from the Safe to another Wallet you own and control, and you are unable to interact with your Safe via an alternative interface to the Gnosis Pay Web App (provided by a third party) to withdraw such assets to another Wallet, please contact us at help@gnosispay,com and we will use reasonable endeavours to assist you with such withdrawal; and

      4. we may destroy or otherwise dispose of any of your data in our possession (except where we are required to retain any of your data to comply with our obligations under applicable law).
        ​

  17. Changes to the Agreement

    1. We may make updates, changes or amendments to this Agreement from time to time, and we will post such updates on the website under the page titled ‘Legal Documents’. Such updated Agreement as posted will take effect immediately upon posting on the website. You should regularly check the website to inform yourself of any such changes. Please check the Agreement regularly to ensure that you understand the terms of the Agreement that apply at the time that you access and use the Gnosis Pay Web App, or any other component of the Gnosis Pay Services. Where possible, we will provide you with at least fourteen (14) days' advance notice of any such changes, unless for example, the change is due to a change in law or for security reasons (in which case we may need to change the terms of the Agreement on shorter or no notice). If you do not wish to continue using the Gnosis Pay Services following the changes to the Agreement, you can terminate the Agreement on notice to us.
      ​

  18. Other important information

    1. Each of the clauses of the Agreement operates separately. If any court or relevant authority decides that any of clause, provision or part-provision is unlawful or unenforceable, such provisions shall be amended to the minimum extent necessary to render them lawful and enforceable whilst achieving, to the greatest extent possible, the same commercial effect as would have been achieved by the provision in question, and the remaining clauses of this Agreement will remain in full force and effect, unless otherwise required by operation of applicable laws.

    2. If we fail to insist that you perform any of your obligations under the Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

    3. The Agreement constitutes the entire agreement and understanding between you and us relating to the subject matter set out and supersedes any previous agreement, arrangement, promise, assurance, warranty, representation and understanding whether written, oral or implied between you and us relating to its subject matter. Each party acknowledges that by entering into the Agreement it does not rely on, and hereby waives any rights it may have to, any statement, representation, assurance, warranty or undertaking (whether written or oral and whether made innocently or negligently) that is not set out in the Agreement. Each party agrees that it will have no claim for innocent or negligent representation or negligent misstatement based on any statement in the Agreement. Nothing in the Agreement excludes liability of either party for fraud.

    4. The Agreement is personal to you and you may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of your rights and obligations under the Agreement without our prior written consent (which, if given, shall be given on such terms as notified by us to you). We may assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of our rights and obligations under the Agreement without your written consent.

    5. Your obligations under the Agreement are given for the benefit of each Group Company. It is intended that each Group Company may enforce the benefits conferred on it under the Agreement in accordance with the terms of the Contracts (Rights of Third Parties) Act 1999. Save in relation to Group Companies, the Agreement does not give any third party the right to enforce any terms hereunder (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise). The rights of the parties to rescind or vary the Agreement are not subject to the consent of any other person.

    6. Any notice you give under the Agreement shall be in writing and signed by or on behalf of you and shall be served by email to Gnosis Pay at the following email address: help@gnosispay.com or to Gnosis Pay's registered office address with cc to email help@gnosispay.com. Any notice Gnosis Pay gives you under this Agreement shall be sent to your last known email address, as per Gnosis Pay’s records. All notices shall be deemed to have been received at the time and date of the transmission shown on the saved sent copy kept by the sender of the email, provided that no error message indicating failure to deliver has been received by the sender of the email.
      ​

  19. Governing law and jurisdiction

    1. The Agreement is governed by the laws of England and Wales. This means that your use and/or receipt of the Gnosis Pay Services, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.

    2. You can bring any dispute in respect of the Agreement to either the English courts or, at your discretion, to the competent court of your country of habitual residence if this country of habitual residence is within the UK, Switzerland or is an EU Member State, which courts are - with the exclusion of any other court - competent to settle any such dispute. We shall bring any dispute which may arise under the Agreement to the competent court of your country of habitual residence if this is within the UK, Switzerland or is an EU Member State, or otherwise the competent court of England.

    3. As a consumer you will also benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in the Agreement, including Section 19.a, affects your rights as a consumer to rely on such mandatory provisions of local law.
      ​

  20. Complaints

    1. If you have a complaint about the Gnosis Pay Services we provide in accordance with the Agreement, you should direct that complaint to our Customer Support who will investigate the complaint and try to resolve it. Our Customer Support can be contacted at help@gnosispay.com.

    2. If you have a complaint about your Card, you should notify us in the first instance. If however, your complaint concerns an aspect of the services provided to you by Monavate and you also wish to escalate your complaint to Monavate directly (following exhaustion of the process set out in Section 20.c below), copies should be sent either:
      If you are a resident in a Non-EEA Supported Country, by email to: Compliance@Monavate.com.

      If you are a resident in the EEA, by email to: compliancelt@monavate.com.

    3. Where you make a complaint, we will endeavour to resolve your complaint as quickly as possible but in any event we will aim to acknowledge receipt of your complaint within 24 hours. We aim to resolve your complaint within 15 Working Days of receipt. Where this is not possible, we will contact you to explain why resolution will take longer than 15 Working Days and indicate when we anticipate being able to resolve your complaint and send you a final response no later than 35 Working Days. Upon resolution of your complaint we will send you a final response letter, which sets out the nature of our response of any proposed resolution, and any appropriate remedy. Further details of:

      1. our complaints handling process is available here; and

      2. Monavate’s complaint handling process and the remedies available to you are set out in the Monavate Cardholder terms which are available here.
        ​

  21. Contacting us

    Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by clicking here or by using the following details:

    Address: 12 New Fetter Lane, London, EC4A 1JP, United Kingdom

    Email address: help@gnosispay.com
    ​

  22. Defined terms

    The definitions and rules of interpretation set out in this Section 22 apply to the Agreement:

    “Account” has the meaning set out in Section 5.a.

    “Agreement” has the meaning set out in Section 1.a.

    “Card” means a Visa payment card issued to you by Monavate (or any replacement Visa payment card issued to you by Monavate)

    “Cardholder terms” has the meaning set out in Section 1.h.

    “Chat Bot” has the meaning set out in the Support Schedule.

    “Customer Support” means the Gnosis Pay customer support team, contactable as set out in Schedule 1 to the Agreement below.

    “Delay Module” means a software program deployed on the Gnosis Chain which, once deployed to the Safe, ensures that:

    1. only you have sole control over your Safe through your Signing Wallet; and

    2. a 3 minute delay is imposed on execution of any non-Card transactions that you carry out from your Safe (e.g. sending Supported Funds or other crypto-assets to another Wallet from your Safe or adding Supporting Funds to your Safe) in order to avoid double-spending and ensure you have sufficient Supported Funds in your Safe to fund any Card transactions that you carry out, as further described here

    “EEA” has the meaning set out in Section 1.a.

    “EURe” means euro electronic money tokens issued by Monerium.

    “GBPe” means pounds sterling electronic money tokens issued by Monerium.

    “Gnosis Chain” means the Gnosis Chain blockchain network and/or any components relating to the operation of Gnosis Chain.

    “Gnosis Pay” has the meaning set out in Section 1.a.

    “Gnosis Pay Services” has the meaning set out in Section 1.d.

    “Gnosis Pay Web App” has the meaning set out in Section 1.c.

    "Group Company /Group Companies" means Gnosis Pay, any subsidiary of Gnosis Pay, any holding company of Gnosis Pay and any subsidiary of each such holding company from time to time. A "subsidiary" or "holding company" is to be construed in accordance with section 1159 and schedule 6 of the Companies Act 2006 as repealed and re-enacted, or as modified by all other statutes or subordinate legislation concerning companies;

    "Guarantee" means any guarantee, warranty, promise, representation, undertaking or assurance (whether express or implied);
    “Helpdesk” has the meaning set out in the Support Schedule.

    “Monavate” means:

    1. where you are a resident in a Non-EEA Supported Country and have entered into the Agreement with Gnosis Pay Co Ltd, Monavate Limited, a company incorporated under the laws of England and Wales with registered company number 12472532 with registered address The Officers Mess Business Centre, Royston Road, Duxford, Cambridge, England, CB22 4QH; or

    2. where you are a resident in the EEA and have entered into the Agreement with Gnosis P. Tech, Unipessoal Lda, UAB Monavate, a company incorporated under the laws of Lithuania with entity code: 305628001 and registered address Konstitucijos pr. 21a, LT-08130, Vilnius.

    “Monerium” means Monerium EMI ehf. a company registered in Iceland (No. 571110-0240) that is authorised as an electronic money institution by the Financial Supervisory Authority of the Central Bank of Iceland and is the issuer of GBPe and EURe.

    “Open Source Software” means (a) open source software as defined by the Open Source Initiative (http://opensource.org), or (b) any other software which, as a condition of its use, development or redistribution, requires that such software, any modifications to that software and/or any other software with which it is combined or distributed be disclosed or distributed in source code form;

    “Prohibited Configurations” has the meaning set out in Section 6.b.

    “Roles Module” means a software program deployed on Gnosis Chain which, once deployed and configured to your Safe, enables Supported Funds (in the amount necessary to complete the payment that you are undertaking at that point in time) to transfer to the Settlement Safe from your Safe when you carry out a Card Transaction as further explained here

    “Safe” means a self-custodial smart contract-based wallet deployed to Gnosis Chain that is solely owned and controlled by you via your Signing Wallet and that you may load with crypto-assets (including Supporting Funds) and which functions, for the purposes of the Gnosis Pay Services, as a funding source for the Card.

    “Security Credentials” means your private key, seed phrase or any other credentials owned and controlled by you and which you use to access, control and otherwise interact with your Signing Wallet, including to sign transactions so that they can be sent to Gnosis Chain.

    “Settlement Safe” means a smart contract-based crypto-asset wallet on Gnosis Chain owned and controlled by Monavate;

    “Signing Wallet” means an externally operated digital solution (which includes, without limitation, a smart contract wallet or an externally operated account wallet) provided by an independent wallet service provider, as selected by you, which is owned and controlled by you, that enables you to send transactions to Gnosis Chain and which, for the purposes of the Gnosis Pay Services, allows you to connect to your Account and/or controls your Safe (as applicable, as you may add additional Wallets to connect to your Account or control you Safe, and the meaning of “Signing Wallet” shall be read accordingly).

    “Stablecoin” means a type of crypto-asset the main purpose of which is to be used as a means of exchange and that purports to maintain a stable value by referring to the value of a fiat currency that is legal tender, including without limitation GBPe, EURe and USDCe.

    “Support Schedule” means Schedule 1 to the Agreement.

    “Support Services” means the support services provided by Gnosis Pay under the Agreement as set out in Schedule 1 to the Agreement below.

    “Supported Funds” means (i) if you are a user based in the UK, GBPe, (ii) if you are a user based in Switzerland or in the EEA, EURe, or (iii) if you are a user based in a Non-EEA Supported Country that is not the UK or Switzerland, USDCe, in each case only on Gnosis Chain, and and any other Stablecoin as notified by us to you from time to time.

    “Third Party Services” has the meaning set out in Section 10.a.

    “USDCe” means the USDC electronic money token issued by Circle Internet Financial, LLC or Circle Internet Financial Europe SAS (as applicable and further set out in the USDC terms here: https://www.circle.com/en/legal/usdc-terms) bridged from Ethereum onto Gnosis Chain as a USD-denominated Stablecoin with ticker symbol USDC.e, which is minted from the following smart contract: 0x2a22f9c3b484c3629090FeED35F17Ff8F88f76F0.

    “User Generated Content” has the meaning set out in Section 8.b.

    “Wallet” means any digital solution owned and controlled by you and that enables you to send instructions to blockchain networks and manage, receive, send and store crypto assets, including your Safe and Signing Wallet.

    “we”, “us” or “our” has the meaning set out in Section 1.f.

    “Working Day” means any day (other than a Saturday or Sunday, or national bank holiday) on which banks are ordinarily open for business in London.

    “you” or “your” has the meaning set out in Section 1.f.

 

Schedule 1 - Support Schedule

  1. Maintenance activities

    1. From time to time we will carry out general, non-remedial maintenance of the data centre facilities, IT infrastructure, software or other aspects of the Gnosis Pay Web App that may require interruption of the provision of the Gnosis Pay Web App. We will provide details of any scheduled maintenance on the Gnosis Pay Web App. Where we need to carry out emergency maintenance, that may require interruption of the provision of the Gnosis Pay Web App without notice.

  2. Helpdesk

    1. We will make a helpdesk support centre available to you which is accessible via email or via the support chat bot available to you on the WebApp (the "Helpdesk"). The email address of the Helpdesk is help@gnosispay.com.

    2. We will make a helpdesk support centre available to you which is accessible via email (the "Helpdesk"). The email address of the Helpdesk is help@gnosispay.com.

    3. You may make support request to us requesting assistance with any service issue or defect relating to your Card or the Gnosis Pay Web App.

  3. Making Support Requests

    1. All support requests should be reported to our Customer Support via the Helpdesk or the Chat Bot. If required by us, you must provide the following information to us (where available) when making the initial support request:

      1. Name and other personal information about you that we may reasonably require or request to verify your identity; and

      2. details and symptoms of the relevant defect, including details of error messages or other system messages.

    2. We will use reasonable endeavours to resolve any defect or error in the Gnosis Pay Web App reported to us via the Helpdesk or Chat Bot.

 

 

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