Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE SOLIAPAY PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE ALL OR ANY PORTION OF THE SERVICES.
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SECTION 15) THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT, WHERE PERMITTED BY LAW.
1. Definitions
"SoliaPay," "we," "us," "our" refers to SoliaPay, a non-custodial technology provider.
"Services" refers to the SoliaPay mobile application, website, and interface for accessing blockchain protocols.
"Wallet" refers to the non-custodial digital asset wallet created by you through our interface using Turnkey infrastructure.
"Private Key" means the cryptographic key used to authenticate and authorize transactions, which is encrypted and controlled solely by you.
"Smart Contracts" means the self-executing code deployed on blockchain networks that facilitates transactions.
2. Nature of Service: Non-Custodial Interface
2.1 Not a Bank (Crypto Assets)
SoliaPay is NOT a bank, depository institution, custodian, or fiduciary in relation to your Crypto-Assets. We are a software provider offering a non-custodial interface.
2.2 You Control Your Keys
Your Wallet is non-custodial. This means:
- We do NOT have access to your Private Keys or unencrypted seed phrases.
- We do NOT have possession, custody, or control of your Crypto-Assets.
- We can NOT initiate transactions without your explicit authorization/signature.
- We can NOT recover your funds if you lose your authentication credentials (except via Turnkey's recovery flows managed by you).
3. Eligibility
By using SoliaPay, you represent and warrant that:
- You are at least 18 years old and of legal age in your jurisdiction.
- You are not a citizen or resident of any Restricted Territory (including OFAC sanctioned countries).
- You have not been previously suspended or prohibited from using our Services.
- You are using the Services for your own personal use and not on behalf of any third party.
4. Account & Key Security
You are solely responsible for the security of your Wallet and authentication credentials.
Irreversible Loss Warning:
If you lose access to your authentication method (e.g., Passkey, email, MFA) or if it is compromised, you may permanently lose access to your Crypto-Assets. SoliaPay cannot restore access or reverse transactions.
5. Turnkey Wallet Infrastructure
SoliaPay utilizes Turnkey technology for key management infrastructure. By using SoliaPay, you acknowledge and agree that:
- Infrastructure Provider: Turnkey provides the secure enclave technology used to generate and secure your cryptographic keys.
- No Direct Custody: Neither SoliaPay nor Turnkey has "custody" of your assets in the traditional financial sense. Keys are encrypted and used only upon your cryptographic authorization.
- System Availability: While we strive for high availability, SoliaPay is not liable for service interruptions originating from Turnkey's infrastructure or underlying blockchain networks.
6. Services Provided
Fiat Services
Provided by our licensed banking partners. SoliaPay acts as a technology intermediary. Fiat funds are held in safeguarded accounts by partners.
Crypto Services
Non-custodial interface for self-custody wallets. You transact directly on-chain.
Social Payments
Peer-to-peer transfers via username/handle. You verify recipient identity before sending.
DeFi Yield
Direct interaction with protocols like Aave. SoliaPay does not manage or guarantee yield.
8. Fees & Transparency
We are committed to full transparency under MiCA regulations.
- Network Fees: You pay all blockchain network fees (gas).
- Service Fees: Displayed clearly before transaction confirmation.
- Spread: May be applied to token swaps (clearly disclosed).
9. Prohibited Uses
Strictly prohibited: Money laundering, terrorist financing, purchasing illegal goods, sanctions evasion, pump-and-dump schemes, and market manipulation. We reserve the right to immediately block your access to the Interface if suspected.
10. Risk Disclosures
10.1 Volatility: Crypto-assets are highly volatile. You may lose all invested capital.
10.2 Technical Risk: Smart contracts may contain bugs. Blockchain networks may stall or fork.
10.3 Regulatory Risk: Laws regarding crypto-assets may change, affecting our ability to provide Services.
10.4 No Insurance: Crypto-assets in your Wallet are not covered by FDIC, SIPC, or EU deposit guarantee schemes.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
SOLIAPAY, ITS AFFILIATES, AND ITS PARTNERS (INCLUDING TURNKEY) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
- ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
- ANY LOSS OF YOUR PRIVATE KEYS OR PASSKEYS;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES.
IN NO EVENT SHALL SOLIAPAY'S AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID SOLIAPAY, IF ANY, IN THE PAST TWELVE MONTHS.
14. Indemnification
You agree to defend, indemnify, and hold harmless SoliaPay and Turnkey from and against any claims, disputes, demands, liabilities, damages, and costs arising out of your use of the Services or violation of these Terms.
15. Dispute Resolution & Arbitration
Mandatory Arbitration: For users in valid jurisdictions, any dispute shall be resolved by binding arbitration, not in court. You waive any right to a jury trial.
Class Action Waiver: You waive any right to participate in a class-action lawsuit or class-wide arbitration against SoliaPay.
*Note: For EU consumers, specific consumer protection laws and ODR platforms apply notwithstanding this clause.
20. Contact Us
Legal Inquiries: legal@soliapay.com
Support: support@soliapay.com
7. Social Stablecoin Risks
As a "Social Stablecoin Neobank," specific risks apply to your interactions: