Last updated: 26 April 2021

The Terms and Conditions described here constitute a legal agreement (“Agreement”) between the sole proprietor or business organization listed as the “Organization” on the Service registration page (sometimes referred to as “you,” “your”, “user”) and MoneyHash, Inc. (“MoneyHash”).

Part A: The MoneyHash Service

1. Our Role

MoneyHash consists of multiple products and services, including a single payments and finance integration and unified application program interface (“API”), as well as an SDK, and documentation and interface for management of the above (collectively, the “Services”). MoneyHash is not a payment gateway or merchant account provider and we do not assume any direct or indirect liability or responsibility for your agreements with payment gateways, third-party APIs or merchant account providers supported on our platform. You will be required to register with MoneyHash to use the MoneyHash Service.

2. Our Software

We provide the MoneyHash API and other software to enable you to use the Service. We reserve the right to require you to install or update any and all software updates to continue using the Service.

3. Customer Service

We will provide you with customer service to resolve any issues relating to your MoneyHash account. You, and you alone, are responsible for providing service to your customers for any and all issues related to your products and services.

4. Security

MoneyHash is responsible for protecting the security of any Card Data (defined as a cardholder’s account number, expiration date and CVV2) in our possession and will maintain commercially reasonable administrative, technical and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorized access and accidental loss or modification. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use such personal information for improper purposes. You acknowledge that you provide this personal information regarding you and your customers at your own risk.

5. Data Security

You are fully responsible for the security of data on your website or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, card, or transaction information (defined as “Data”) on your website. You agree that at all times you shall be compliant with the Payment Card Industry Data Security Standards (PCI-DSS) and the Payment Application Data Security Standards (PA-DSS), as applicable. The steps you will need to take to comply with PCI-DSS and PA-DSS when using MoneyHash will vary based on your implementation. If we believe it is necessary based on your implementation and request it of you, you will promptly provide us with documentation evidencing your compliance with PCI DSS and/or PA DSS if requested by us. You also agree that you will use only PCI compliant service providers in connection with the storage, or transmission of Card Data. You must not store CVV2 data at any time. Information on the PCI DSS can be found on the PCI Council’s website. It is your responsibility to comply with these standards.

6. Privacy of Others

You represent to MoneyHash that you are in compliance with all applicable privacy laws, you have obtained all necessary rights and consents under applicable law to disclose to MoneyHash, or allow MoneyHash to collect, use, retain and disclose any Card Data that you provide to us or authorize us to collect, including information that we may collect directly from your end users via cookies or other means. If you receive information about others, including cardholders, through the use of the Service, you must keep such information confidential and only use it in connection with the Service. You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the user to do so. You may not disclose Card Data to any third party, other than in connection with processing a card transaction requested by your customer under the Service and in a manner consistent with PCI DSS and applicable law.

7. Sub-Accounts

If you permit a separate entity that you connect via your MoneyHash account (“sub-account”) to use MoneyHash products or provide services to the sub-accounts’ customers on their behalf (including, but not limited to, checkout templates and email communications), you must agree that each sub-account has provided you with express permission to do so and, if applicable, to use their name and branding. You must obtain and maintain all necessary licenses, consents, and permissions necessary for your use of the Services. MoneyHash will not be liable for actions taken by you or your sub-accounts.

8. Restricted Use

You are required to obey all laws, rules, and regulations applicable to your use of the Service and we reserve the right to restrict access to the MoneyHash Service by any entity that is considered in violation of this requirement.

9. Suspicion of Unauthorized or Illegal Use