Terms & Conditions
1.Introduction
Cypher Capital Inc. (“Cypher”, “We”, “Our”or “Us”) is a registered Money Services Business (MSB) with the Financial Transactions and Reports Analyses Centre of Canada (FINTRAC) under registration number 1000729663 and with registered office at 305 Milner Avenue, Unit 700, Scarborough, Ontario, M1B3V4.
These Terms and Conditions (the “Terms”) govern your (“You” or “Your”) access to and use of the website available at https://cypherpayments.io(the “Website”) and the financial services provided by Us (the “Services”).
These Terms constitute a legally binding agreement. By accessing or using the Website or the Services, You confirm that you have read, understood and agree to be bound by these Terms, as amended from time to time, as well as our Privacy Policy and Cookie Policy.
If You do not agree to these Terms, You shall immediately cease using the Website and the Services.
2.Description of Services
Cypher provides regulated B2B payment infrastructure and money services, which include Foreign Exchange, Money Transferring, Virtual Account Management, and Settlement Services accessed via our dashboard or API (collectively, the 'Services').
3.Account Security
You are responsible for maintaining the confidentiality of Your account credentials, including usernames, passwords, and API keys. You agree to notify Cypher immediately of any unauthorized use of Your account or any other breach of security. Cypher will not be liable for any loss or damage arising from Your failure to comply with this security obligation.
4.Anti-Money Laundering
Our services are subject to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, which requires us to implement strict identity verification and reporting procedures. By using Our Services, You represent and warrant that (i) You are over the age of 18, (ii) You have the legal authority to bind the business entity on whose behalf You use the Services; (iii) the business entity is the owner of the funds involved; and (iv) You have fully disclosed all Ultimate Beneficial Owners (UBOs) and controlling persons of the entity as required by our compliance procedures. You further acknowledge that for international funds transfers, we are legally required to share your identifying information (including name, address, and account details) with the recipient’s financial institution to comply with global "Travel Rule" standards. We reserve the right to refuse or freeze any transaction that we suspect may involve illegal activity or fraudulent intent.
You explicitly agree not to use the Services for any industry or activity prohibited by Cypher’s internal risk policies, including but not limited to illegal gambling, darknet markets, or unlicensed sale of regulated goods.
5.Prohibited Activities
You agree not to use the Services for any activity that is illegal, fraudulent, or violates applicable laws and regulations. You further agree not to use the Services for any business activity that violates Cypher’s internal risk policies or the acceptable use guidelines of our banking partners/licensors, as communicated to You or updated from time to time. Cypher reserves the right to suspend or terminate Your access immediately if We determine, in our sole discretion, that Your activity presents an unacceptable compliance risk.
6.Sanctions Representation Clause
You represent and warrant that neither You, nor any of Your beneficial owners, affiliates, or authorized users, are: (i) located in a country subject to comprehensive government sanctions; or (ii) listed on any Prohibited Party List maintained by the Canadian government, the U.S. Department of Treasury (OFAC), or other relevant sanctions authorities. You agree not to use the Services to facilitate transactions for any sanctioned parties.
7.Prohibited Activities
You cknowledge and agree that Cypher may accept instructions to transfer funds, exchange currency, or manage accounts from authorized third-party platforms, agents, or payment facilitators that You have explicitly authorized to manage Your account. Cypher shall not be liable for acting on such instructions provided by Your authorized agents.
8.Limitation of Liability
To the maximum extent permitted by applicable law, Cypher’s total liability under these Terms for any claim arising out of or relating to these Terms shall be limited to the total fees actually paid by You to Cypher in the three (3) months preceding the event giving rise to the claim, or USD 100 if no such fees have been paid.
In no event shall Cypher or its suppliers be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, business interruption or loss of privacy, arising out of or in connection with the use of or inability to use the Services, even if advised of the possibility of such damages.
Where applicable law does not permit certain limitations of liability, such limitations shall apply to the maximum extent permitted by law.
9.Indemnification
You agree to indemnify, defend, and hold harmless Cypher, its affiliates, licensors, and their respective officers, directors, and employees from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with: (i) Your access to or use of the Services; (ii) Your violation of these Terms; or (iii) Your violation of any third-party right, including without limitation any intellectual property, privacy, or publicity right.
10.Conflict with Service Agreement
In the event of any conflict or inconsistency between these Terms and a separate written agreement between You and Cypher (such as a Master Services Agreement), the terms of the separate written agreement shall prevail with respect to the specific subject matter of that agreement.
11.Force Majuere
Cypher shall not be liable for any delays or failure in performance of any part of the Services, from any cause beyond our reasonable control, including but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
12.Disclaimer
The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind. To the maximum extent permitted by applicable law, Cypher disclaims all express, implied, statutory, or other warranties, including warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Cypher does not warrant that the Services will be uninterrupted, error-free, secure, or compatible with other systems, or that any defects will be corrected, nor does it make any representations regarding the accuracy or reliability of any content provided through the Service.
Some jurisdictions do not allow the exclusion of certain warranties or statutory rights. In such cases, these disclaimers shall apply to the maximum extent permitted by law.
13.Intellectual Property Rights
The Service, including its underlying software, APIs, dashboard, interfaces, content, and trademarks, is the exclusive property of Cypher and its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Service strictly in accordance with these Terms. You agree not to copy, modify, distribute, sell, or reverse-engineer any part of the Service.
14.Termination
Cypher may terminate or suspend Your access immediately, without prior notice if You breach these Terms or where required for legal, regulatory or compliance reasons. Upon termination, Your right to use the Services will cease immediately.
15.Governing Law and Dispute Resolution
These Terms are governed by the laws of Ontario, Canada. Disputes shall be resolved by arbitration or a competent court as specified in Your agreement.
16.Severability and Waiver
If any provision of these Terms is held to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
17.Entire Agreement
Subject to the 'Conflict with Service Agreement' section above, these Terms, together with the Privacy Policy, Cookie Policy, and any other written agreement signed by You and Cypher concerning the Services, constitute the entire and exclusive understanding and agreement between You and Cypher regarding Your use of the Services.
18.Changes to These Terms
Cypher may amend these Terms from time to time. If a revision is material We will make reasonable efforts to provide notice prior to any new term staking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
19.Contact Us
If you have any questions about these Terms,You can contact us:
By email: info@cypherpayments.io
By visiting this page on our website: https://cypherpayments.io/
