Terms of service

1. Introduction and acceptance

These Terms of Service (the "Terms") form a binding agreement between you and [LEGAL ENTITY NAME], trading as Nomos Pay ("Nomos Pay", "we", "us", "our"), and govern your access to and use of our website at nomos-pay.com, our applications, and the accounts and services made available through them (together, the "Services").

By creating an account, accessing the platform, or using any part of the Services, you confirm that you have read, understood and agree to be bound by these Terms, together with the Privacy Policy, the Acceptable Use Policy, the Digital Asset Risk Disclosure and any product-specific terms we present to you. If you do not agree, you must not use the Services.

If you are entering into these Terms on behalf of a company, partnership or other legal entity, you confirm that you have authority to bind that entity, and "you" refers to that entity.

2. Definitions

• "Account" means the account we open for you to access the Services.
• "Digital Asset" means a cryptographic token, coin, stablecoin or other digital representation of value that we support from time to time.
• "Fiat" means government-issued currency that we support from time to time.
• "Instruction" means any request you submit through the Services, including a payment, transfer, conversion or withdrawal.
• "Partner" means a bank, payment institution, electronic money institution, card issuer, custodian, liquidity provider, exchange, verification provider or other third party through which parts of the Services are delivered.
• "Supported Jurisdictions" means the countries and regions listed at [SUPPORTED JURISDICTIONS] where we make the Services available.
• "Restricted Jurisdictions" means the countries and regions listed at [RESTRICTED JURISDICTIONS] where we do not make the Services available.

3. About Nomos Pay and what we are not

Nomos Pay is a financial technology platform. We provide the interface, the account structure, the record keeping and the coordination of services relating to Fiat and Digital Assets. Certain regulated elements of the Services are provided by, or through, Partners that hold the relevant authorisations in their own jurisdictions.

Nomos Pay is not a bank. Nomos Pay does not take deposits, does not provide credit, and does not pay interest on balances. Balances held through the Services are not deposits and, unless we state otherwise in writing, are not covered by any deposit insurance or investor compensation scheme.

Where a regulated service is delivered by a Partner, that Partner is responsible for that regulated service, and additional terms from that Partner may apply to you. We will tell you where this is the case. We do not represent that we hold any licence, registration or authorisation other than those we state expressly and in writing.

Our regulatory status, our registration details and the identity of our Partners will be published on this website and on our compliance page once confirmed. Until then, no statement on this site should be read as a claim to hold a particular licence or authorisation.

4. Description of the Services

Depending on your eligibility, verification status, jurisdiction and the Partners available to us, the Services may include some or all of the following: multi-currency accounts and balances; receipt and transmission of payments; conversion between currencies; receipt, holding, transfer and conversion of Digital Assets; transaction records and statements; and access to our platform through web and mobile applications.

We may add, change, limit, suspend or withdraw any part of the Services, or the availability of any currency, Digital Asset, network or payment route, at any time. Some features may be unavailable in your jurisdiction or to your Account type.

5. Eligibility

To open an Account you must be at least the age of majority in your jurisdiction, have full legal capacity to enter into these Terms, be resident or established in a Supported Jurisdiction, and not be a person or entity that we are prohibited from serving under applicable law, sanctions measures or the requirements of our Partners.

Business Accounts are available only to entities that are validly formed, in good standing, and able to provide the ownership, control and activity information we require. We may decline any application at our discretion, and we are not obliged to give reasons where doing so would breach a legal or regulatory obligation.

6. Account registration and accuracy of information

You must provide complete, accurate and current information when you register and whenever we ask you to update it. You must tell us promptly if any information changes, including a change of address, ownership, control, business activity, or tax residence.

You may open only one Account per person or entity unless we agree otherwise in writing. You must not open or operate an Account on behalf of an undisclosed third party, and you must not permit anyone else to use your Account.

7. Identity verification, due diligence and ongoing monitoring

Before we open your Account, and at any time afterwards, we are required to verify your identity and, for a business, the identity of your directors and beneficial owners. We may use third-party verification and screening providers to do this.

We may ask you for additional documentation and information at any time, including proof of identity and address, corporate documents, ownership structure, the nature of your business, expected transaction patterns, the source of your funds and, where relevant, your source of wealth. We may also seek information about the counterparties you transact with.

We conduct ongoing monitoring of business relationships and transactions as required by applicable law. We may repeat or refresh verification periodically, or where activity is inconsistent with the information you have given us.

If you do not provide information we reasonably request within the period we specify, we may restrict, suspend or close your Account, and we may be required to delay or refuse Instructions in the meantime.

8. Anti-money laundering, sanctions and regulatory compliance

We operate a compliance programme designed to meet applicable anti-money laundering, counter-terrorist financing, sanctions and record-keeping obligations. This includes customer due diligence, transaction monitoring, screening against applicable sanctions and politically exposed person lists, record keeping, and the submission of reports to the relevant authorities where required.

You agree that we may screen you, your Account, your Instructions and your counterparties, and that we may take any action required to comply with applicable law, including delaying, refusing, blocking, freezing or reporting a transaction, or restricting or closing your Account.

Where the law requires us to report a matter, we may be prohibited from telling you that a report has been made or from giving you the reason for an action we take. Nothing in these Terms requires us to act in a way that would breach a legal or regulatory obligation.

You must not use the Services to breach, evade or circumvent any sanctions measure. Doing so is a serious criminal offence in many jurisdictions and will result in immediate closure of your Account and a report to the relevant authorities.

9. Digital Asset services

Where we make Digital Asset services available, you may be able to receive, hold, transfer and convert supported Digital Assets on supported networks. The supported list is published on our website and may change at any time.

Digital Assets are held through a custody arrangement operated by [CUSTODY PROVIDER]. We will describe the custody model on our security page once the arrangement is confirmed. Digital Assets are not Fiat, are not legal tender, and are not covered by deposit insurance or an investor compensation scheme unless we state otherwise in writing.

You are responsible for selecting the correct asset, network and destination address for every transfer. Blockchain transactions are generally irreversible once broadcast. We cannot cancel, reverse or recover a transfer that has been confirmed on a network, and we do not undertake to recover assets sent to an incorrect address or on an incorrect network.

You must read the Digital Asset Risk Disclosure before using any Digital Asset service. It forms part of these Terms.

10. Fiat services, Partners and payment processing

Fiat payment services are provided through regulated Partners, which may include [APPROVED BANKING PARTNER], [PAYMENT PARTNER] and, for any card product, [CARD ISSUER]. Where funds are held with a Partner, they are held in accordance with that Partner's regulatory obligations and the arrangements we have with them.

Payment routes, cut-off times, network availability and processing times are determined by the relevant Partner and payment scheme, not by us alone. We do not guarantee that any Instruction will be executed within a particular period, and any timing we display is an estimate rather than a commitment.

We may decline to process an Instruction, or route it differently, where required by a Partner, a payment scheme, a legal or regulatory obligation, or our risk controls.

11. Instructions, execution and finality

You are responsible for the accuracy of every Instruction, including the beneficiary name, account details, network, address, amount and currency. We act on the details you give us and are not obliged to check that they match the intended recipient.

Once an Instruction has been executed it may not be possible to cancel, amend or recall it. Where a recall or investigation is possible, we may attempt it at your request and may charge a fee, but we cannot guarantee the outcome and funds may not be returned.

We may refuse, delay, suspend or reverse an Instruction where we suspect fraud, error, unauthorised use, a breach of these Terms or the Acceptable Use Policy, or where required for legal, regulatory, sanctions, security or risk reasons, or where instructed by a Partner or an authority.

12. Exchange rates, network fees and pricing

Where you convert between currencies or between Fiat and a Digital Asset, we will show you the rate, the spread and the resulting amount before you confirm. A quoted rate is valid only for the short period stated on screen. Rates move continuously and we do not guarantee that any rate will remain available.

Transfers of Digital Assets incur network fees that are set by the relevant blockchain network and not by us. Where we deduct or pass on a network fee we will show it before you confirm.

13. Fees

Our fees are published on our pricing page and form part of these Terms. Fees may include account fees, transaction fees, conversion spreads, withdrawal fees, investigation fees and fees charged by Partners, correspondents or intermediaries.

Third parties in a payment chain may deduct their own charges, which means a beneficiary may receive less than the amount sent. We will notify you of changes to our fees in advance in accordance with clause 22.

You authorise us to deduct fees due from your Account. If your balance is insufficient, you remain liable for the amount owed and we may recover it from any balance you hold with us.

14. Taxes

You are solely responsible for determining, reporting and paying any tax arising from your use of the Services, including any tax on gains, income or transactions involving Digital Assets. We do not provide tax advice. We may be required to collect and report information about you and your transactions to tax authorities.

15. Account security and your responsibilities

You must keep your credentials, devices and second factors secure, must not share them, and must not allow anyone else to access your Account. You must enable and maintain any security controls we require, including two-factor authentication.

You must notify us immediately at [SUPPORT EMAIL] if you suspect that your Account has been accessed without authorisation, that your credentials have been compromised, or that an Instruction was not authorised by you.

We will never ask you for your password, a two-factor code, or a recovery phrase, and we will never ask you to move funds to a "safe" address. Our official channels are listed on our approved communication channels page.

16. Prohibited activities and restricted jurisdictions

You must use the Services lawfully and in accordance with the Acceptable Use Policy, which forms part of these Terms and sets out the activities we cannot support.

We do not make the Services available in Restricted Jurisdictions, and you must not use the Services from a Restricted Jurisdiction or attempt to conceal your location. We may maintain additional restricted business and jurisdiction lists based on the requirements of our Partners, our regulators and our own risk appetite.

17. Restriction, suspension, freezing and closure

We may restrict access to your Account, limit functionality, hold or freeze a balance or a transaction, or suspend or close your Account where we reasonably consider it necessary, including where we suspect a breach of these Terms, fraud, unauthorised use or illegal activity; where required by law, a regulator, a court, an authority or a Partner; where you have not provided information we have requested; or where continuing to provide the Services would expose us or a Partner to unacceptable legal, regulatory or reputational risk.

Where we are permitted to do so, we will tell you what has happened and what you can do. In some circumstances the law prevents us from giving you an explanation.

You may close your Account at any time by contacting us, provided you have no outstanding obligations. On closure we will return any remaining balance to you, subject to completing any checks required by law and to any legal restriction on returning the funds.

18. Service availability, maintenance and third-party services

We aim to keep the Services available but do not guarantee uninterrupted access. The Services may be unavailable during planned maintenance, or as a result of events outside our control, including failures affecting a Partner, a payment scheme, a blockchain network or an internet service.

The Services may include links to, or integrations with, third-party services. We are not responsible for those services and their inclusion is not an endorsement.

19. Intellectual property and confidentiality

All intellectual property in the Services, including software, content, trade marks, designs and the Nomos Pay name and marks, belongs to us or our licensors. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Services for their intended purpose. You must not copy, modify, reverse engineer, scrape or resell any part of the Services.

Each party must keep confidential any non-public information it receives from the other, except where disclosure is required by law or to a professional adviser, and except that we may share information with Partners, authorities and service providers as described in these Terms and the Privacy Policy.

20. Privacy, data processing and communications

We process personal information in accordance with our Privacy Policy. By using the Services you acknowledge that we collect, use and share personal information as described there, including sharing with verification providers, screening providers, Partners, regulators and law enforcement where required.

You agree to receive communications from us electronically, including by email, in-app message and, where you have provided a number, SMS or messaging application. Electronic communications and electronic acceptance satisfy any legal requirement that a communication be in writing or signed.

21. Liability, indemnity and disclaimers

The Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we exclude all implied warranties, including as to merchantability, fitness for a particular purpose and non-infringement.

To the fullest extent permitted by law, we are not liable for loss of profit, loss of business, loss of opportunity, loss of data, or any indirect or consequential loss; for any change in the value of a Digital Asset or a currency; for the acts, omissions, insolvency or failure of a Partner, network or counterparty; for losses arising from your own error, including sending to an incorrect address or on an incorrect network; or for losses arising from your failure to keep your credentials secure.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any liability owed to a consumer under mandatory consumer protection law.

Subject to the paragraph above, our total aggregate liability arising out of or in connection with these Terms is limited to [INSERT AGREED LIABILITY CAP], to be confirmed by counsel.

You agree to indemnify us against losses, claims and costs arising from your breach of these Terms, your misuse of the Services, or your breach of applicable law.

Digital Assets can lose value quickly and completely. You may lose some or all of the value involved. We do not guarantee any outcome, return or price, and nothing in the Services is investment advice or a recommendation.

22. Changes to these Terms

We may change these Terms. Where a change is material, we will give you advance notice by email or through the Services before it takes effect, and the notice period will be as set out at [INSERT NOTICE PERIOD] or as required by applicable law. Changes required for legal or regulatory reasons, or for security, may take effect immediately.

If you do not accept a change, you may close your Account before it takes effect. Continuing to use the Services after the effective date means you accept the change.

23. Governing law, disputes and complaints

These Terms and any dispute arising from them are governed by the laws of [INSERT GOVERNING LAW JURISDICTION], and the courts of [INSERT COURTS] have jurisdiction, without prejudice to any mandatory right you have as a consumer to bring proceedings in your place of residence.

If something goes wrong, please raise it with us first through our Complaints Policy, which explains how to complain, who handles it, and what to expect. Where an external dispute resolution route or regulatory complaint right applies to you, we will tell you about it in our final response.

24. General provisions

• Entire agreement. These Terms, together with the policies referred to in them, form the entire agreement between you and us regarding the Services.
• Severability. If any provision is found to be invalid or unenforceable, the remaining provisions continue in force.
• Assignment. You may not assign or transfer your rights without our written consent. We may assign or transfer our rights and obligations, including to a Partner or in connection with a corporate transaction, on notice to you.
• Waiver. A failure to enforce a provision is not a waiver of the right to enforce it later.
• Survival. Clauses relating to fees owed, intellectual property, confidentiality, liability, indemnity, governing law and any provision intended to survive will continue after termination.
• Force majeure. Neither party is liable for a failure to perform caused by an event beyond its reasonable control.
• Notices. We will send notices to the contact details on your Account. You should send notices to [LEGAL CONTACT EMAIL].
• Regulatory cooperation. We may provide information about you, your Account and your transactions to regulators, authorities, courts and Partners where required or permitted by law.

Entity and contact details

These details will be completed and confirmed by counsel before publication. Where a placeholder appears below, the information has not yet been confirmed and must not be relied upon.