Effective Date: December 20th, 2024
These Terms of Use and any terms expressly incorporated herein ("Terms") apply to any access to, or use of, any services made available by MWYR, LLC doing business as mwire ("mwire" "we," "us," or "our") using the website https://mwire.co/ (the "Site") or our mobile applications, and to any other related services provided by mwire (collectively, the "Services").
Please read these Terms and Conditions of Use carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms and Conditions of Use when this option is made available to you, you (1) accept and agree to be bound and abide by these Terms and Conditions of Use, (2) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy and (3) agree to abide by our Acceptable Use Policy and any additional terms, rules and conditions of participation we issue. Our Acceptable Use Policy and Privacy Policy are posted at https://mwire.co/ and incorporated herein by reference. If you do not want to agree to these Terms and Conditions of Use, the Acceptable Use Policy, the Privacy Policy, and any other policies we post on the Site, you must not access or use the Services.
We may revise and update these Terms and Conditions of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the change is posted by us. If we make changes, we will let you know by revising the date at the top of the Terms and Conditions of Use. Your continued use of the Site and/or Services after such posting constitutes acceptance by you of the changes.
The Services are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have not previously been suspended or removed from using our Services; (c) are not identified as a "Specially Designated National" by the U.S. Office of Foreign Assets Control; and (d) have full power and authority to agree to these Terms.
In addition, if you are accessing or using the Site and/or Services on behalf of a corporate entity, you represent and warrant that you have the right, authority, and capacity to accept these Terms on such entity's behalf.
You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Services would violate any applicable law or regulation, or where mwire and/or its designated service providers do not offer the Services. You represent and warrant that you are not a citizen or resident of any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where mwire has determined, at its discretion, to prohibit use of the Services. mwire may implement controls to restrict access to the Services. You will comply with this Section even if mwire's methods to prevent use of the Services are not effective or can be bypassed.
mwire provides an interface that allows users to create a non-custodial wallet, purchase USDC coins and deposit them in the wallet of a recipient that a user chooses, using coin purchase and wallet services provided directly to you by mwire's designated service providers. Mwire never takes custody of its user's funds and operates solely as a software-as-a-service platform.
If you purchase USDC coins using our Site, the purchase transaction is processed by our designated service provider, Moonpay. and its affiliates ("Moonpay"). If you make such purchases using the Services you will be engaging in a coin purchase transaction directly with Moonpay. Moonpay is solely responsible for those transactions with you. mwire is not a party to or responsible for, any transactions you initiate. As a condition of receiving the Services and conducting transactions via Moonpay, you agree to abide by all terms of service established by Moonpay as modified from time to time and posted at https://www.moonpay.com/legal.
If you create a wallet using the Site, or deposit purchased coins in a wallet created using the Site, that wallet will be established by our designated service provider, Torus Labs Private Limited ("Torus"). The creation, maintenance, and operation of the wallet are transactions directly between you and Torus. Torus is solely responsible for the wallet and for those transactions with you. mwire is not a party to, or responsible for, any aspect of the creation, maintenance, or operation of your wallet. As a condition of receiving the Services and conducting transactions using Torus wallet services, you agree to abide by all terms of service established by Torus as modified from time to time and posted at https://docs.tor.us/legal/terms-and-conditions.
You agree to comply with all requirements of our Acceptable Use Policy as posted on the Site and amended from time to time, in our sole discretion.
Please refer to our privacy policy for information on how mwire collects, uses, and shares your information.
When buying or selling cryptocurrency, you are voluntarily choosing to engage in a sophisticated and risky financial transaction. You acknowledge that you are aware of the many risks associated with using the Services, including but not limited to, risks of financial loss, legal risk, or theft. You acknowledge that mwire is not responsible for the risks associated with cryptocurrency purchases, and you voluntarily assume and accept such risks in using the Services.
mwire disclaims all liability for the operations of its designated service providers, Moonpay and Torus. You represent and warrant that you have the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of purchasing, transmitting, and/or redeeming cryptocurrency.
You agree that you have had whatever opportunity you deem necessary to investigate the mwire Services, and the laws, rules, or regulations that may be applicable to your transactions and that you are not relying upon any statement of law or fact made by mwire relating to the legality of purchasing cryptocurrency or delivering it to others.
The foregoing disclaimers, acceptance of risk, and releases apply to the maximum extent permitted by law.
THE MWIRE SERVICES AND ALL ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICES OR FROM OUR DESIGNATED SERVICES PROVIDERS ("MOONPAY" AND "TORUS") WILL CREATE ANY WARRANTY FROM ANYONE TO YOU. WITHOUT LIMITING THE FOREGOING, MWIRE DOES NOT WARRANT THAT THE INFORMATION IT PROVIDES OR THAT IS PROVIDED BY DESIGNATED SERVICE PROVIDERS IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT THE SERVICES WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SUBJECT MATTER DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK -- YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. MWIRE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE TIME REQUIRED TO COMPLETE THE PROCESSING OF A TRANSACTION. MWIRE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE.
The disclaimer of implied warranties contained herein may not apply if and to the extent it is prohibited by applicable law of the jurisdiction where you reside.
IN NO EVENT SHALL MWIRE BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO THIS AGREEMENT OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL MWIRE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNTS OR THE INFORMATION CONTAINED THEREIN, OR YOUR FAILURE TO USE OR IMPLEMENT SECURITY CONTROLS THAT ARE APPROPRIATE FOR YOUR PROTECTION.
MWIRE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS USED IN CONNECTION WITH THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR OUR DESIGNATED SERVICE PROVIDERS; (D) ANY SOFTWARE BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES; (E) ANY ERRORS, INACCURACIES OR OMISSIONS IN ANY CONTENT OR INFORMATION, FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION, IN EACH CASE POSTED, EMAILED, STORED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (F) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
You acknowledge that your user data may become irretrievably lost or corrupted or temporarily unavailable due to a variety of causes, including software failures, viruses or other harmful materials, protocol changes by third party providers, internet outages, force majeure event or other disasters, scheduled or unscheduled maintenance, or other causes either within or outside our control. You are solely responsible for backing up and maintaining duplicate copies of any information you store or transfer through our services.
WITHOUT LIMITING ANYTHING TO THE CONTRARY, MWIRE'S CUMULATIVE LIABILITY TO YOU SHALL BE LIMITED TO DIRECT DAMAGES AND IN ALL EVENTS SHALL NOT EXCEED IN THE AGGREGATE THE FEES PAID TO MWIRE BASED ON YOUR TRANSACTIONS USING THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
THIS LIMITATION OF LIABILITY SECTION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING WITHOUT LIMITATION CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS. THE LIMITATIONS APPLY EVEN IF MWIRE OR ITS DESIGNATED SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE FOREGOING WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
mwire reserves the right to resolve issues and disputes at its sole discretion. Some issues include infringement of others' rights, violation of laws and regulations, abnormal trades, and others not explicitly mentioned in the Terms. Users agree to bear the costs arising from the process of dispute resolution.
You are responsible for complying with all applicable laws related to your trading activities and other use of the Services, and you will determine what, if any, laws and requirements apply to you based on your country of residence.
Taxes may apply to your purchases or sales completed through using the Site. It is solely your responsibility to assess, collect, report, or remit the correct tax to the proper tax authority. We are not obligated to, nor will we determine whether Taxes apply, or calculate, collect, report, or remit any Taxes to any tax authority arising from any transaction. You acknowledge that we, or our designated service providers, may make certain reports to tax authorities regarding transactions processed using the Services.
mwire reserves the rights to charge service fees to users who use the Services. It is in the discretion of mwire to adjust the service fees charged to users using the Services. Any tax is additional. Fees are non-refundable.
You consent to receive electronically all communications, agreements, documents, receipts, notices, and disclosures (collectively, "Communications") that mwire provides in connection with this Agreement, or any Services. You agree that mwire may provide these Communications to you by posting them via the Services, by emailing them to you if you provide us with an email address, sending them using an app or other messaging service to your account on the app or messaging service, and/or by sending an SMS or text message to a mobile phone number that you provide. Your carrier\'s normal, messaging, data, and other rates and fees may apply to any mobile Communications. You should maintain copies of electronic Communications by printing a paper copy or saving an electronic copy. You may also contact mwire's Support Team at admin@mwire.co with any inquiries.
The Services, Site and all technology, content, data and other materials used, displayed or provided or received by you in connection with the Services or Site ("mwire Materials") together with all intellectual property rights in any of the foregoing are, as between you and mwire, owned by mwire.
These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material appearing on our Services. You must not access or use for any commercial purposes any part of the Services or any materials available through the Services.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms and Conditions, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by mwire. Any use of the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
mwire will own any feedback, suggestions, ideas, or other information or materials that you provide, whether by email, posting through the Services or otherwise ("Feedback"). You hereby assign to mwire all right, title and interest to Feedback together with all associated intellectual property rights. You will not be entitled to, and hereby waive any claim for, acknowledgment or compensation based on any Feedback or any modifications made based on any Feedback.
When you agree to these Terms of Service, mwire grants you a limited, revocable, non-exclusive, non-assignable license to use mwire in compliance with these Terms; unlicensed use is unauthorized.
You hereby grant to mwire a royalty-free, fully paid-up, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, copy, modify, create derivative works of, display, perform, publish and distribute, in any form, medium or manner, any text, information, data, materials, images, or other content you provide to mwire using the Services or submit or post to the Site and that is not Feedback owned by mwire (the "User Content"). You represent and warrant that: (a) you own the User Content or have the right to grant the rights and licenses in these Terms, and (b) the User Content and use by mwire of the User Content as licensed herein does not and will not violate, misappropriate or infringe on the rights of any third party. mwire may remove any User Content from the Site for any reason at mwire's discretion.
You will defend, indemnify, and hold harmless mwire, its designed service providers, its other affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Indemnified Parties") from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys' fees, arising out or relating to (a) your use of, or conduct in connection with, the Services; (b) any User Content you provide; (c) your violation of these Terms and Conditions of Use, the Acceptable Use Policy, or any other policy established by mwire; or (d) your violation of any applicable law or the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, mwire (or, at mwire's discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether mwire wishes to settle, and if so, on what terms.
All disputes, controversies or claims arising out of or relating to these Terms and Conditions of Use or the Services, will be resolved through confidential binding arbitration in Wyoming.
Each of you and mwire disclaims the applicability of any and all of the Consumer Rules in your jurisdiction. By agreeing to these Terms of Service you are agreeing that (1) any rules, laws, or regulations governing "consumer" arbitrations are inapplicable, (2) arbitration of any dispute arising out of or relating to your use of the Services and (3) you specifically waive any right to arbitrate in any other location, including your hometown.
With respect to disputes subject to arbitration pursuant to this section 13, both you and mwire are giving up the right to litigate (or participate in as a party or class member) those disputes in court before a judge or jury.
The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of Wyoming without regard to conflict of law rules or that would cause the application of the laws of any other jurisdiction. You agree that mwire may initiate a proceeding related to the enforcement or validity of mwire's intellectual property rights in any court having jurisdiction. You waive any objection to venue in any such courts.
These Terms of Use are governed by and construed in accordance with the internal laws of Wyoming without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Services shall be instituted exclusively in the courts of Wyoming. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
If you violate any of these Terms, mwire may, as it determines reasonably necessary to remedy or mitigate your violation, delete all or part of such information transmitted by you and suspend or cancel your account. mwire shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by mwire pursuant to this paragraph. Any right or remedy of mwire set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under statute, at law or in equity.
An "Affiliate" is, with respect to a legal entity, another legal entity that controls, is under common control with, or is controlled by the first legal entity. The Site and any Services may be operated or provided by mwire, its Affiliates, or their respective contractors. To the extent that an Affiliate of mwire, or contractor of mwire or an Affiliate of mwire, is operating or providing any Services, the Affiliate or contractor's provision of such Services will be under terms identical to these Terms substituting the Affiliate or contractor's name wherever mwire's name occurs in these Terms.
mwire's failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
mwire will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of mwire, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. mwire may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms constitute the entire agreement between you and mwire regarding your use of the Sites, superseding any prior version of these Terms between you and mwire with respect to the Sites. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.
The Services are operated by: MWYR, LLC.
All other feedback, comments, requests for technical support and other communications relating to the Services should be directed to admin@mwire.co.