Last Updated: [08/28/2018]
These Customer Additional Terms of Service (“Additional Terms”) apply to your access to and use of the Services (including the Platform) in your capacity as a customer. These Additional Terms apply in addition to, and not in lieu of, the Terms of Service. By clicking “I Accept” or by accessing or using the Services as a customer, you agree to be bound by these Additional Terms and all other terms, policies, and guidelines applicable to such Services, including, but not limited to, the Terms of Service. If you are using the Services on behalf of a business or entity, that business or entity accepts these Additional Terms. Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in the Terms of Service.
1. Customer Account.
In addition to the account security and other requirements set forth in the Terms of Service, the following terms will also apply to your use of a customer-specific account (“Customer Account”). You may purchase Dash tokens (“Dash”) via the Platform using your linked bank account or other approved funding source. You may also send Dash to or from your Customer Account from an External Virtual Currency Address. A purchase of Dash may be from 36money or one of 36money’s vendors. Once complete, your Dash balance will be updated on the Platform dashboard, and all right to and title in the Dash purchased by you will pass to you. You bear the risk of loss of value once you have initiated a transfer transaction to or from your Customer Account or External Virtual Currency Address in the event that the receipt of Dash is delayed and the value of Dash decreases during the period of delay. Your transaction history will be accessible via the Platform. For purposes of these Customer Terms, “External Virtual Currency Address” means any virtual currency address or account that is maintained outside of the Platform, and is not owned, controlled, or operated by 36money.
We may, at our discretion, impose limits on the amount of transactions you may conduct using the Services. These limits may change from time to time in 36money’s sole discretion. Please contact us at email@example.com for questions regarding any limits.
When your checking account is used as a funding source, you are requesting that a third-party ACH processor (“ACH Processor”) initiate on your behalf an electronic transfer from your bank account. For these transactions, the ACH Processor, and not 36money, will make electronic transfers (via the Automated Clearing House (“ACH”) of NACHA - The Electronic Payment Association (“NACHA”)) from your bank account in the amount you specify in order to purchase Dash via the Platform. You agree that such requests constitute your authorization to the ACH Processor to make the ACH transfer, and once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer and the ACH Processor may resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds, except as otherwise provided by NACHA’s ACH rules, or applicable law. If you choose to use the ACH functionality, you will be subject to the ACH Processor’s terms of service and any related agreements, and you acknowledge and agree that 36money will have no liability related to or arising from such ACH transaction.
You should confirm that your checking account contains funds sufficient to cover the amount needed to purchase the Dash in order to complete the transaction. This will help you avoid overdraft or other fees your financial institution may charge.
You will not be charged a fee to use the Services, provided that this may change at any time, in which case you may be notified of such change via email or notification sent to your 36money account. Any fees or changes thereto will become effective immediately for transactions entered into as of the effective date. You acknowledge and agree that you may be subject to third-party fees, such as reversal fees, or ACH (defined below) insufficient fund fees that a bank may charge if your payment is rejected.
4. General Risks Associated with Virtual Currency.
Virtual currency values can fluctuate substantially which may result in a total loss of the value of the Dash in your Customer Account. 36money makes no promises as to timing of Dash purchases. 36money does not own or control any of the software protocols that are used in connection with Dash. Accordingly, 36money disclaims all liability relating to such protocols and any price fluctuations in Dash, and makes no guarantees regarding the security, functionality or availability of such protocols.
By using the Services, you acknowledge and agree that the underlying protocols are subject to sudden changes in operating rules (known as “forks”), and that such forks may materially affect the value, function, or even the name of the virtual currency. In the event of a fork, you agree that we may temporarily suspend operations (with or without advance notice to you) and that we may, in our sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that 36money assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
6. System Failure.
You accept all risks associated with the use of the Services to conduct virtual currency transactions, including, but not limited to, in connection with the failure of hardware, software, and Internet connections. The nature of virtual currency means that any technological difficulties experienced by 36money may prevent the access or use of your Dash.
7. Disruption Events.
You agree that we are not liable for any price fluctuations in Dash. In the event of a market disruption or force majeure event, we may do one or more of the following: (a) suspend access to the Services; or (b) prevent you from completing any actions via the Services. We will not be liable for any losses suffered by you resulting from such actions. Following any such event, when Services resume, you acknowledge that prevailing market rates may differ significantly from the rates available prior to such event.
8. Limitation of Liability.
Our responsibility is limited to the exercise of ordinary diligence in giving access to your Dash and in preventing access to your Dash by unauthorized persons. We are not responsible for any unauthorized access or loss or harm an unauthorized access cause, unless caused only by our gross negligence or our willful misconduct. You will have no claim against us for loss of your Dash unless you prove that the loss was not caused or contributed to by you. In no circumstances will we be liable or responsible for any indirect, consequential, special aggravated, punitive or exemplary damages, regardless of the basis for the claim.
9. Risks Inherent to Virtual Currency.
(a) Virtual currency transactions are irreversible, and, accordingly losses due to fraudulent or accidental transactions may not be recoverable and 36money shall not be held liable for any fraudulent or accidental transactions, (b) virtual currency is not legal tender and is not backed by a government or central bank and 36money is not a bank. As such, there is no protection, such as deposit insurance, to cover any losses associated with Dash, (c) legislative and regulatory changes or actions at the state, federal or international level may adversely affect the use, transfer, exchange, and value of Dash and the Dash public ledger blockchain is maintained by a vast unidentified private computer network spread around the world and choosing to participate in virtual currency is at your own risk and understanding of this network, (d) virtual currency is a target for fraud and the potential for fraud is especially likely when you engage in transactions with External Virtual Currency Addresses, (e) virtual currency is a target for hackers and hacking can occur even when you use the strongest security settings and as such your Virtual Currency may be irretrievably stolen, (f) your bank accounts are at increased risk of being hacked when linked to virtual currency accounts, (g) some virtual currency transactions shall be deemed to be made when recorded on a public ledger, which is not necessarily the date or time that you have initiated the transaction (h) the value of virtual currency may be derived from the continued willingness of market participants to exchange fiat currency for virtual currency, which may result in the potential for permanent and total loss of value of a particular virtual currency such as Dash should the market for Dash disappear, (i) there is no assurance that a person who accepts virtual currency as payment today will continue to do so in the future, and (j) the volatility and unpredictability of the price of virtual currency relative to fiat currency may result in significant loss over a short period of time.