GeniusPay™ Apps Terms of Use

These Terms of Use ("Terms") are an agreement between you and RampATM Merchant Services, Inc. ("RampATM," "we," "our," or "us") and govern your use of the GeniusPay™ mobile applications we publish (each an "App" and together the "Apps"), including the services the Apps connect to (together, the "Services").

By installing, accessing, or using an App, you agree to these Terms and to our GeniusPay™ Apps Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Apps.

1. Who We Are and Apps Covered

GeniusPay™ is part of the Ethpar network, and support is provided through Ethpar at contact@ethpar.com.

These Terms apply to:

These Terms also apply to any other App we publish that links to them. Sections 6 and 7 apply only to merchant Apps and consumer Apps respectively; all other sections apply to every App.

2. Eligibility

You must be at least 18 years old (or the age of majority where you live) and legally able to enter into a binding contract. If you use a merchant App on behalf of a business, you represent that you are authorized to bind that business to these Terms, and "you" includes that business. You may not use the Apps if you are barred from doing so under applicable law, including sanctions laws.

3. What the Services Are (and Are Not)

GeniusPay™ is a payment network that lets merchants accept, and consumers spend, regulated payment stablecoins using bank-issued debit cards, wallets, and paper wallets. Payments settle on the Ethpar blockchain network.

• Non-custodial. We do not hold your fiat funds, stablecoin balances, or private keys. Funds move directly between banks, merchants, and wallets.
• Not a bank. We are not a bank or card issuer. Your card, bank account, and identity verification are provided by your card issuer under its own terms.
• No advice. Nothing in the Apps is investment, financial, legal, or tax advice.

4. Test Network, Demo, and Pre-Release Versions

Genius app - testnet connects to a test network. Tokens and balances shown in it are for testing only: they have no monetary value, cannot be redeemed for money, and no real funds move when you use it.

GeniusPay Merchant may be configured to run in demo mode or to connect to a test network. When it is, transactions processed through it have no monetary value and no real funds are received.

More generally, some Apps or features may be offered as beta, preview, demo, or sandbox versions. These versions are provided for evaluation, may contain errors, may change or be discontinued at any time, and should not be relied on for live commercial use unless we tell you otherwise in writing. Where an App connects to a live network and real funds move, all of these Terms apply in full, including Sections 8, 9, and 10.

5. Your Account, Credentials, and Devices

You are responsible for keeping your device, terminal credentials, activation codes, passkeys, wallets, and private keys secure, and for all activity that occurs using them. Tell us promptly at contact@ethpar.com if you believe your credentials have been lost, stolen, or misused. We are not responsible for losses caused by your failure to secure your device or credentials.

6. Additional Terms for Merchants

If you use a merchant App (such as GeniusPay Merchant):

1. Enrollment. You must enroll each terminal using valid credentials issued to you and provide accurate business information. You may not share, resell, or transfer terminal credentials.
2. Receiving address. You are solely responsible for configuring the correct receiving address and token settings. Payments sent to an incorrect address you configured cannot be recovered by us.
3. Compliance. You must comply with all laws that apply to your business, including consumer protection, tax, anti-money-laundering, sanctions, and data protection laws, and any applicable card network rules.
4. Customer card data. You must not attempt to capture, copy, store, or extract customer card data from the App or the device, and must not modify the App to do so.
5. Refunds and disputes. Stablecoin payments are final (see Section 8). You are responsible for your own refund, return, and customer service policies and for any refund you choose to issue to a customer.
6. Receipts and records. You are responsible for providing receipts and keeping records as required by law.
7. Paper wallet sweeps. You may sweep a paper wallet only with the holder's authorization and only for a legitimate sale.
8. Hardware. You are responsible for your terminals, NFC readers, and printers, including their compatibility, maintenance, and security.
9. Taxes. You are responsible for any taxes arising from your sales and your receipt of stablecoins.

7. Additional Terms for Consumers

If you use a consumer App:

1. Check before you pay. Review the amount and recipient before authorizing a payment. Authorized payments cannot be reversed by us.
2. Your keys. If you use a self-custodial wallet, you alone control your private keys. If you lose them, we cannot recover your funds.
3. Paper wallets. A paper wallet is a bearer instrument: anyone who holds it can spend its funds. Protect it like cash.
4. Merchant issues. Disputes about goods, services, or refunds must be resolved with the merchant.
5. Your card issuer. Your debit card and bank account remain governed by your agreement with your card issuer.

8. Transactions Are Final

Blockchain transactions cannot be reversed, cancelled, or charged back once confirmed. Before confirmation, a transaction may be cancelled only where the App offers that option. We are not responsible for losses caused by incorrect amounts, addresses, or other details that you enter or approve.

9. Fees

Transaction and network fees, if any, are shown in the App before you confirm a transaction or are set out in a separate agreement with you. Your card issuer, bank, or wallet provider may charge its own fees.

10. Stablecoin and Blockchain Risks

You understand that using digital assets involves risks, including: changes in law or regulation; network congestion, outages, or forks; software bugs; loss or theft of keys or devices; and issuer risk related to any stablecoin. We do not issue any stablecoin and do not guarantee the value, redeemability, or availability of any digital asset.

11. Third-Party Services

The Apps rely on third-party services, including card issuers, card networks, ATM operators, blockchain networks, device manufacturers, and software libraries. Your use of those services is subject to their own terms. We are not responsible for third-party services we do not control.

12. Prohibited Use

You must not:

• Use the Apps for fraud, money laundering, terrorist financing, sanctions evasion, or any illegal purpose.
• Use the Apps to pay for or accept payment for illegal goods or services.
• Use someone else's card, wallet, paper wallet, or credentials without authorization.
• Reverse engineer, decompile, modify, or tamper with the Apps, except where the law expressly allows it.
• Interfere with, overload, or attempt to gain unauthorized access to our servers, networks, or other users' data.
• Use bots or automated means to access the Services except through APIs and SDKs we provide for that purpose.

13. License and Intellectual Property

Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable license to install and use the Apps on devices you own or control, for their intended purpose. The Apps and Services, including all software, designs, and trademarks such as GeniusPay™ and RampATM, are owned by us or our licensors. Open-source components included in the Apps are licensed under their own open-source licenses. All rights not expressly granted are reserved.

14. Feedback

If you send us suggestions or feedback, we may use them without obligation to you.

15. Suspension and Termination

We may suspend or terminate your access to any App or Service, or disable a terminal, at any time if we reasonably believe you have violated these Terms, if required by law or a payment network partner, or to protect users or the network. You may stop using the Apps at any time by uninstalling them. Sections that by their nature should survive termination (including Sections 8, 10, 13, 14, 16–19, and 21) will survive.

16. Disclaimers

THE APPS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APPS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY TRANSACTION WILL BE COMPLETED.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR DIGITAL ASSETS, ARISING FROM OR RELATED TO THE APPS OR SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) US $100. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT FULLY APPLY TO YOU.

18. Indemnification

You agree to defend, indemnify, and hold harmless RampATM Merchant Services, Inc. and its affiliates, officers, employees, and service providers from any claims, losses, and expenses (including reasonable attorneys' fees) arising from your misuse of the Apps, your violation of these Terms or of law, or, for merchants, your business, products, services, and dealings with your customers.

19. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict-of-law rules. Any dispute will be resolved exclusively in the state or federal courts located in Montgomery County, Texas, and you and we consent to their jurisdiction. Before filing a claim, you agree to contact us at contact@ethpar.com and try to resolve the dispute informally for at least 30 days. Nothing in this section limits rights you have under mandatory consumer protection laws where you live.

20. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms at this URL and change the "Last updated" date. If changes are material, we will provide additional notice, such as in the App. Your continued use of the Apps after changes take effect means you accept the updated Terms.

21. General

These Terms, together with the Privacy Policy and any separate written agreement with you, are the entire agreement between you and us regarding the Apps. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. If a separate signed agreement with you conflicts with these Terms, the signed agreement controls.

22. Contact Us

RampATM Merchant Services, Inc.
Publisher of the GeniusPay™ Apps
600 River Pointe Dr, Ste 200
Conroe, TX 77304-2868
United States
Email: contact@ethpar.com
Website: https://geniuspay.me · https://rampatm.com