These Terms and Conditions (“Terms”) govern the use of the crypto-related services (“Crypto Services”) provided by AstroPay Digital (IOM) Limited (“AstroPay,” “we,” “us,” “our”) and facilitated through our designated service provider (“Crypto Service Provider”). By accessing or using the Crypto Services, you (“you,” “your”, “User”) agree to comply with and be bound by these Terms.
These Terms are also complemented by the AstroPay General Terms and Conditions (the “General Terms”). In the event of any inconsistency between these Terms and the General Terms, these Terms shall prevail.
By using the Crypto Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and the General Terms.
1. Definitions
Cryptocurrency: Decentralized digital assets secured by cryptography, which may serve as a medium of exchange or store of value.
Account: A digital account provided by the Crypto Service Provider that enables Users to store, send, receive, and manage Stablecoins.
Fiat Currency (Fiat): Traditional government-issued currencies such as USD, EUR, or GBP.
Crypto Service Provider: Refers to the Orbital group of companies — including PayPerform Limited, PayPerform OÜ, Pay Perform Digital Ltd, and PayPerform (Gibraltar) Ltd — which has been designated by AstroPay to carry on the execution of Stablecoins transactions and provide related services.
Crypto Services: Services allowing Users to buy, sell, or exchange Stablecoins for Fiat or other Stablecoins.
Stablecoin: A Cryptocurrency that is intended to maintain a stable value by being linked to the value of a reference asset, such as a fiat currency like the USD.
Cryptocurrency Network: A decentralized digital infrastructure composed of distributed nodes that use cryptographic protocols to validate, record, and synchronize transactions of a cryptocurrency on a public or private ledger, typically a blockchain. These networks enable peer-to-peer transactions without reliance on a central authority and are essential for the operation, security, and consensus mechanisms of cryptocurrencies. Each cryptocurrency network may differ in its underlying technology, consensus model, transaction speed and costs, and scalability features.
2. Establishing Your Account and Accessing the Crypto Services
2.1 Account Creation and Verification
To use the Crypto Services, you must first establish and verify your Account within the AstroPay platform. Verification may require providing certain identifying information, including, but not limited to, your name, physical address, date of birth, and government-issued identification. AstroPay reserves the right to request additional information or documentation at any time to comply with applicable regulations and ensure the security of its platform.
2.2 Use of the Account
Once your Account is established and verified, you will have access to the full range of Crypto Services, including buying, selling, sending, receiving, and holding Stablecoins. Your Account reflects your ownership of the Stablecoins balances shown; however, you acknowledge that you will not hold the Stablecoins directly but instead through the custodial services provided by our Crypto Service Provider.
2.3 Security Obligations
You are responsible for maintaining the confidentiality of your account credentials, including passwords and any personal identification numbers (PINs). AstroPay is not liable for unauthorized access resulting from your failure to secure your account. You agree to notify AstroPay immediately if you suspect unauthorized access or activity.
2. Scope of Services
AstroPay makes available access to its designated Crypto Service Provider, who is solely responsible for delivering the following services:
2.1 Custody Services
- Custody of Stablecoins in a segregated custodial account.
- Secure storage and access to your Stablecoins holdings.
- Generation of unique deposit addresses that automatically consolidate into your merchant account (PMID).
2.2 Exchange Services
- Buying Stablecoins using Fiat funds transferred to AstroPay.
- Selling Stablecoins for Fiat, with proceeds credited to your AstroPay Wallet.
2.3 Transfer Services
- Sending Stablecoins from your Account to external wallets or exchanges.
- Receiving Stablecoins into your Account from external sources.
2.4 Conversion Services
- Fiat to Stablecoin: Enabling Users to purchase Stablecoins using Fiat balances or linked payment methods.
- Stablecoin to Fiat: Allowing Users to convert Stablecoins back into local Fiat currencies within the AstroPay ecosystem.
2.5 Custody
- Stablecoins are stored in segregated custodial accounts, managed by centralized third-party providers.
- Custodial Accounts: The private keys to these accounts are held and managed by the Crypto Service Provider, ensuring secure storage and transaction execution.
- Unique deposit addresses are assigned for each transaction, consolidating funds into designated PMIDs (merchant accounts) based on asset type.
- Multiple addresses for the same stablecoin are automatically grouped under a single PMID for that specific asset.
- Payouts are processed directly from the corresponding PMID.
3. Risk Disclosures
3.1 Network Risks and User Responsibility.
While AstroPay will endeavor to process transactions that you authorize and that comply with these Terms, we cannot guarantee your ability to buy, sell, convert, or transfer Stablecoins at all times. The underlying cryptocurrency networks are complex, developing technologies that may experience delays, interruptions, or become temporarily or permanently unavailable due to reasons such as errors, forks, attacks, or other unforeseeable events. The speed, cost, and availability of these networks are subject to significant variability, which may impact your transactions. You are solely responsible for selecting the cryptocurrency network used for your transactions and accept all associated risks with your chosen network.
3.2 Service Availability
Your ability to transact with Stablecoins may be delayed or unavailable for reasons including, but not limited to:
- The availability of Stablecoins or funds from your linked payment method;
- Interruptions, delays, or errors in the relevant cryptocurrency network;
- AstroPay’s or the Crypto Service Provider’s system maintenance, downtime, or technical issues;
- Legally mandated delays for security, regulatory, or compliance reasons;
- Extraordinary circumstances beyond AstroPay’s control, as described in Clause 3.5 below.
3.3 Disclaimer of Liability
AstroPay is not liable for any delays, interruptions, or inability to execute transactions caused by limitations of cryptocurrency networks, issues with service providers, or other external factors. In cases where AstroPay or the Crypto Service Provider cannot execute or settle transactions, AstroPay reserves the right to defer, suspend, or cancel your transaction orders at its sole discretion.
3.4 Volatility and Security Risks
Notwithstanding that stablecoins are generally intended to maintain a stable value relative to fiat currencies, they remain subject to certain risks. These may include price volatility and risks related to the mechanisms supporting their value, such as underlying reserves or governance structures. As with all digital assets, stablecoin transactions depend on the integrity and security of private cryptographic keys. If such keys are lost or compromised, the associated assets may become permanently inaccessible. AstroPay disclaims any liability for losses arising from compromised private keys or unauthorized access resulting from a failure by the user to implement and maintain adequate security measures. Furthermore, AstroPay shall not be liable for any losses resulting from security breaches, technical malfunctions, or operational failures of any Crypto Service Provider or associated third-parties, including but not limited to custodial or infrastructure-related incidents beyond AstroPay’s control.
3.5 Extraordinary Circumstances
AstroPay is not liable for limitations, delays, or changes in your access to the Crypto Services or your ability to transact in Stablecoins due to extraordinary circumstances, including but not limited to:
- Natural disasters, pandemics, or other public health emergencies;
- Acts of terrorism, war, or civil unrest;
- Governmental actions or regulatory changes;
- Breakdown of communication, internet, or technical infrastructure;
- Market disruptions or extreme financial conditions.
In such circumstances, AstroPay reserves the right to temporarily or permanently suspend your access to the Crypto Services or modify the terms of access, including fees and exchange rates.
3.6 Lack of Insurance
Stablecoins held within your Account are not insured by any public or private insurance entity, including against cyber theft, network errors, or other forms of loss. You accept full responsibility for the risks associated with holding and transacting in Stablecoins.
4. Account Custody
4.1 Custodial Nature Your Account is a custodial account managed by the Crypto Service Provider. You retain ownership of the Stablecoins stored, while custody is held by the Service Provider.
4.2 Security Measures AstroPay and the Crypto Service Provider can employ industry-standard security protocols to protect your assets, including:
- Encryption: Advanced encryption algorithms to secure sensitive data during storage and transmission.
- Cold Storage: The majority of cryptocurrencies are stored offline to reduce exposure to cyber threats.
- Multi-Signature: Transactions require multiple approvals to enhance security.
- Periodic Audits: Regular third-party security audits to identify and mitigate vulnerabilities.
- Monitoring Systems: Real-time transaction monitoring and anomaly detection to prevent unauthorized access. Despite these measures, AstroPay does not guarantee against all risks, including cyberattacks or theft.
4.3 Access and Responsibility You are solely responsible for safeguarding your login credentials and notifying AstroPay immediately in case of unauthorized access.
4.4 Real-Time Balance Display Users will have access to real-time balance updates for their stablecoins holdings, including conversion rates to major Fiat currencies.
5. Transactions
5.1 Execution of Transactions
Transactions are executed based on the instructions provided by you through the platform. AstroPay reserves the right to refuse, delay, or limit any transaction due to security, compliance, or operational considerations. All transactions are subject to the exchange rates, spreads, and fees outlined in Clause 6.
5.2 Transaction History
A detailed log of all your transactions will be available within your Account. You are responsible for reviewing your transaction history regularly and notifying AstroPay of any discrepancies within a reasonable time frame.
6. Exchange Rates and Fees
6.1 User Responsibility for Fees and Exchange Rates
By using the Crypto Services, you agree to pay all applicable fees, exchange rates, and any spreads that may apply. Fees will be disclosed to you at the time of each transaction, including buying, selling, converting, and transferring Stablecoins. These fees and exchange rates may differ from those offered by other platforms or providers.
6.2 Pricing and Transparency
At the time you execute a transaction, AstroPay will provide you with the applicable exchange rate and the total fees for that transaction. The exchange rate may include a spread between the market price obtained from our Crypto Service Provider and the rate displayed to you. Spreads are subject to market conditions and may vary. While AstroPay aims to provide transparent pricing, the spread is not disclosed separately.
6.3 Currency Conversion Fees
If your transaction involves a currency conversion (e.g., from a local currency to USD or vice versa), additional conversion fees may apply. AstroPay will disclose the estimated currency conversion fee at the time of the transaction.
6.4 Fee Schedule Availability
AstroPay will maintain an up-to-date fee schedule accessible through the platform. Users are responsible for reviewing this schedule periodically to understand the fees associated with the Crypto Services.
7. Compliance with Laws and Regulatory Requirements
7.1 General Compliance
You agree to comply with all applicable laws, regulations, and guidelines related to the use of the Crypto Services, including but not limited to anti-money laundering (AML), combating the financing of terrorism (CFT), and know-your-customer (KYC) requirements, in all jurisdictions where you operate. You acknowledge that AstroPay may, at its sole discretion, suspend or terminate your access to the Crypto Services in the event of non-compliance with any applicable laws or regulations.
7.2 Know-Your-Customer (KYC) and Anti-Money Laundering (AML)
You are required to provide accurate and up-to-date information when requested by AstroPay for identity verification or as part of its KYC process. AstroPay reserves the right to request additional information or documentation to comply with KYC, AML, and CFT regulations. You acknowledge and agree that AstroPay may delay or deny access to the Crypto Services if it is unable to verify your identity, and that AstroPay may report any suspicious activity to the appropriate authorities in accordance with applicable laws.
7.3 Risk-Based Approach to Compliance
AstroPay will apply a risk-based approach to monitoring and verifying transactions associated with your Crypto Services usage. This may include, but is not limited to, screening for politically exposed persons (PEPs), sanctions, and individuals or entities subject to restrictions under applicable laws and regulations. You agree to cooperate fully with any investigations initiated by AstroPay or relevant regulatory authorities.
7.4 Sanctions Compliance
You represent and warrant that you are not located in, or a resident of, any jurisdiction subject to comprehensive sanctions or embargoes imposed by any regulatory body, including but not limited to the United States Office of Foreign Assets Control (OFAC), the United Nations, or the European Union. You also warrant that you will not use the Crypto Services to transact with individuals or entities prohibited by applicable sanctions laws.
7.5 Ongoing Monitoring and Reporting
AstroPay reserves the right to monitor, review, and report your transactions as part of its compliance with applicable AML and CFT laws. This may include ongoing reviews of your transaction patterns and the nature of your Crypto Services activity. If any transactions or activities are flagged as suspicious, AstroPay may suspend or block the related accounts or transactions pending investigation.
7.6 Audits and Inspections
You agree to permit AstroPay, or any third party designated by AstroPay, to conduct audits, inspections, or reviews of your accounts, transactions, and activities at any time to ensure compliance with these Terms and applicable laws. Such audits may include checks on the source of funds, the nature of transactions, and any other activities that could present legal or compliance risks.
7.7 Reporting Obligations
In the event that you are subject to an audit, investigation, or inquiry by a regulatory authority or law enforcement agency, you agree to immediately notify AstroPay and provide all necessary cooperation. You further agree to cooperate with AstroPay’s efforts to comply with regulatory requirements and obligations, including the submission of any documents or information requested by such authorities.
8. User Obligations
8.1 Accurate Information You represent and warrant that all information provided to AstroPay, including during the registration and verification process, is accurate, complete, and up-to-date. You agree to promptly update any changes to your information to ensure compliance with AstroPay’s policies.
8.2 Compliance with Laws You are solely responsible for ensuring that your use of the Crypto Services complies with all applicable laws, regulations, and ordinances in your jurisdiction. This includes, but is not limited to, compliance with tax obligations, anti-money laundering laws, and sanctions restrictions.
8.3 Restricted Activities In addition to any prohibited activities outlined in AstroPay’s General Terms and Conditions, you must not engage in the following activities when using the Crypto Services:
- Breaching these Terms or any applicable laws and regulations.
- Using what AstroPay reasonably believes to be fraudulent funds to purchase Stablecoins.
- Initiating any action or transaction with the intent to abuse, manipulate, or mislead other participants in the cryptocurrency market.
- Sending or receiving Stablecoins for any unlawful purpose, including in violation of applicable sanctions regimes.
- Controlling or operating an account linked to another account that has engaged in any restricted activities listed above.
- Attempting to circumvent AstroPay’s security measures or verification processes.
- Engaging in any conduct that could harm AstroPay’s reputation, systems, or other Users.
If AstroPay believes, in its sole discretion, that you have engaged in any restricted activities, we may take the following actions to protect AstroPay, its users, and other parties:
- Limit or suspend your access to the Crypto Services, including restricting your ability to buy, sell, convert, or transfer Stablecoins.
- Seize or freeze Stablecoins associated with transactions that AstroPay believes are linked to money laundering, terrorist financing, fraud, or other unlawful activities.
- Terminate or close your Account immediately and without prior notice, if deemed necessary.
AstroPay will notify you of any actions taken under this clause, except where prohibited by law or where doing so could compromise an investigation or legal compliance.
8.4 Assumption of Risk You acknowledge and accept all risks associated with Stablecoins transactions, including, but not limited to, market volatility, technological vulnerabilities, and regulatory uncertainty. AstroPay shall not be liable for any losses resulting from these risks.
8.5 Security Obligations You are responsible for maintaining the confidentiality of your account credentials and any device used to access the Crypto Services. AstroPay shall not be liable for unauthorized access resulting from your failure to secure your account.
8.6 Indemnification You agree to indemnify, defend, and hold harmless AstroPay, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising out of or in connection with:
- Your breach of these Terms.
- Your violation of any applicable law or regulation.
- Any third-party claim arising from your use of the Crypto Services, including disputes over transactions.
9. Fraud Prevention
9.1 Suspicious Activity AstroPay reserves the right to investigate and take action against any suspicious or fraudulent activity.
9.2 Cooperation with Investigations You agree to fully cooperate with AstroPay and any regulatory or law enforcement authorities in connection with investigations of suspected unlawful activities, fraudulent transactions, or security incidents related to your use of the Crypto Services.
9.3 Chargebacks and Disputes Users may be held liable for any chargebacks or disputes arising from fraudulent or unauthorized use of their accounts. AstroPay will investigate such claims and take appropriate action, which may include reversing transactions or terminating access to the Services.
10. No Investment or Tax Advice
10.1 Independent Decision-Making
Neither AstroPay nor its Crypto Service Provider provide investment or tax advice to you. All decisions to buy, sell, convert, or transfer your assets through the Crypto Services are made solely at your discretion and risk. You are solely responsible for understanding any tax obligations or consequences that may arise from your activities. AstroPay does not manage your Account or Stablecoins on your behalf. Our sole responsibility is to execute transactions and hold Stablecoins on your behalf through our Crypto Service Provider(s), strictly based on your instructions and these Terms.
10.2 Responsibility for Investment Decisions
You are responsible for determining whether a particular transaction involving Stablecoins is suitable for you based on your financial situation, risk tolerance, and investment objectives. You must make your own independent decisions and consult with qualified professionals if you require specific investment or tax advice.
11. Limitation of Liability
11.1 General Limitation
To the maximum extent permitted by applicable law, AstroPay, its affiliates, officers, employees, agents, or third-party service providers (collectively, “AstroPay Parties”) shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages, or any loss of profit, revenue, or data, regardless of whether such damages were foreseeable or arise in connection with the use of, or inability to use, the Crypto Services or any related services. This limitation of liability applies whether the claim is based on contract, tort (including negligence), or any other legal theory.
11.2 Cumulative Liability Cap
In no event shall the total cumulative liability of AstroPay, its affiliates, officers, employees, agents, or third-party service providers for any claim or series of related claims arising out of or in connection with the Crypto Services or these Terms exceed the total amount of fees paid by you to AstroPay for the Crypto Services during the six (6) months immediately preceding the event giving rise to the claim.
11.3 Exclusions from Liability
The exclusions and limitations of liability set forth in this section do not apply to:
a. Liability for death or personal injury caused by the negligence of AstroPay or its employees;
b. Liability for fraudulent misrepresentation;
c. Liability for any violation of applicable data protection or privacy laws, including the unauthorized disclosure of personal data;
d. Any other liability that cannot be excluded or limited by law.
11.4 No Liability for Third-Party Actions
AstroPay shall not be liable for any third-party actions, including but not limited to:
a. Transactions or activities conducted through external platforms, exchanges, or networks not controlled by AstroPay;
b. Delays or failures in the delivery of the Crypto Services caused by network interruptions, technical failures, or other issues beyond AstroPay’s reasonable control;
c. Loss or theft of Stablecoins due to hacking, cyberattacks, or other security breaches outside of AstroPay’s direct responsibility.
11.5 Force Majeure
AstroPay shall not be liable for any delay or failure to perform any of its obligations under these Terms where such delay or failure is caused by events beyond its reasonable control, including but not limited to acts of government, fires, floods, earthquakes, strikes, civil unrest, or failures of telecommunications, internet services, or power outages (a "Force Majeure Event"). In the event of a Force Majeure Event, AstroPay’s performance shall be delayed for the duration of the Force Majeure Event, and both parties agree to cooperate in good faith to find a resolution to any issues arising from such events.
11.6 Limitation of Liability for Crypto Asset Value Fluctuations
You acknowledge that the value of your assets may fluctuate rapidly and unpredictably. AstroPay shall not be liable for any losses or damages arising from the fluctuation in the value of them, including but not limited to losses associated with their sale, transfer, or exchange through the Crypto Services.
11.7 Compliance-Related Exclusions
AstroPay shall not be held liable for any damages, losses, or costs arising from your non-compliance with applicable laws, regulations, or these Terms, including violations of AML, KYC, or sanctions regulations, or failure to comply with any lawful order or request from any regulatory authority. Furthermore, AstroPay shall not be liable for any damages resulting from the suspension, termination, or freezing of accounts or transactions in compliance with such regulations.
11.8 Indemnification for Liabilities
You agree to indemnify, defend, and hold harmless AstroPay related parties from and against any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorney's fees) arising out of or in connection with:
a. Your use of the Crypto Services in violation of these Terms or applicable laws;
b. Any third-party claims related to your failure to comply with KYC, AML, or other regulatory requirements;
c. Any breach of your representations or warranties under these Terms.
11.9 Acknowledgment of Risk
You acknowledge and agree that the use of the Crypto Services, and the underlying technology, involves significant risks, including but not limited to potential losses due to technical failures, regulatory changes, and market volatility. By accepting these Terms, you assume full responsibility for any risks associated with the use of the Crypto Services, and you agree that AstroPay shall not be liable for any damages arising from these inherent risks.
11.10 Severability of Liability Provisions
If any part of this Limitation of Liability section is found to be unenforceable or invalid under applicable law, the remainder of this section will remain in full force and effect, and the enforceable portion will be modified to reflect the parties’ intent as closely as possible.
12. Termination, Suspension, and Closing of Your Account
12.1 Voluntary Closure by User
You may close your Account at any time by contacting AstroPay support and ensuring that all outstanding balances are either withdrawn or transferred. Before closing your Account, you must sell or transfer any Stablecoin holdings, as AstroPay will not process closures for Accounts with active balances.
12.2 Termination by AstroPay
AstroPay reserves the right to suspend or terminate your Account and access to the Crypto Services for any of the following reasons:
- If you breach these Terms or engage in prohibited activities;
- If you fail to provide requested verification information;
- Upon suspicion of fraudulent, illegal, or other illegitimate activities;
- To comply with legal or regulatory obligations.
In such cases, AstroPay will make reasonable efforts to notify you, except where prohibited by law.
12.3 Voluntary Termination by AstroPay
AstroPay may also terminate your Account and access to the Crypto Services at its sole discretion. In this case, AstroPay will notify you and provide instructions for withdrawing or transferring any remaining balances. All funds will be returned to the User’s verified bank account or designated payment method within a reasonable time frame, subject to applicable laws and fees.
12.4 Obligations Upon Closure
Upon closure of your Account, you remain liable for any outstanding obligations, including fees, charges, or unresolved disputes. AstroPay retains the right to recover any amounts owed through appropriate legal or collection measures.
12.5 Restrictions on Termination
AstroPay may delay or refuse termination requests if doing so would conflict with regulatory requirements, ongoing investigations, or other legal obligations. AstroPay reserves the right to hold your funds or delay access if necessary to ensure compliance with applicable laws or resolve disputes.
12.6 Suspension and Closure of Crypto Services
AstroPay reserves the right, in its sole discretion and without liability to you, to suspend, close, or place limitations on your access to the Crypto Services or any associated Account at any time for the following reasons:
- Failure to verify your identity or provide requested verification information;
- Engagement in prohibited activities, including those deemed "Restricted Activities";
- Compliance with a court order, legal process, or regulatory obligations;
- Violation of these Terms or any other agreement between you and AstroPay;
- A change in jurisdiction or regulatory support that affects your access to Crypto Services;
- If AstroPay ceases to offer Crypto Services in your state of residence, or if its Service Providers no longer support these services.
In the event that your access to the Crypto Services is suspended or terminated, any Stablecoins in your account may fluctuate in value, and AstroPay will not be liable for any losses you incur as a result of those fluctuations. AstroPay may also liquidate any Stablecoins in your account, converting them to the equivalent value in fiat currency, at the prevailing market price or another reasonable price determined by AstroPay, without prior notice.
If any Stablecoins are liquidated and you maintain a valid and active account with AstroPay, any unrestricted funds will be credited to your account, subject to applicable tax consequences.
13. Data Protection
13.1 Data Processing and Privacy Policy
AstroPay is committed to protecting your personal data and ensuring compliance with all applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable. The collection, use, processing, and storage of your personal data shall be conducted in accordance with AstroPay's Privacy Policy, which is incorporated by reference into these Terms.
13.2 Consent to Data Collection and Sharing
By using the Crypto Services, you consent to the collection, processing, and sharing of your personal data by AstroPay for the purposes of providing the Crypto Services, facilitating transactions, complying with legal obligations (including Anti-Money Laundering (AML) and Know Your Customer (KYC) requirements), and enhancing your experience. This may include sharing your data with third-party service providers and regulatory authorities as necessary.
13.3 Data Security
AstroPay will implement reasonable technical and organizational measures to safeguard your personal data against unauthorized access, loss, misuse, or alteration. However, you acknowledge that no method of transmission over the internet or electronic storage is 100% secure, and AstroPay cannot guarantee the absolute security of your personal data.
13.4 Retention of Data
Your personal data will be retained only as long as necessary for the purposes outlined in AstroPay's Privacy Policy, or as required by applicable law or regulation. Upon termination of the Crypto Services, or upon your request (subject to legal or contractual requirements), your personal data will be deleted or anonymized.
13.5 Data Subject Rights
You have the right to access, correct, delete, or restrict the processing of your personal data, subject to applicable law. To exercise these rights, please refer to the Privacy Policy or contact AstroPay directly using the contact details provided.
14. Amendments
14.1 Right to Amend
AstroPay reserves the right to amend or modify these Terms at any time, with prior notice to you. Such amendments may be required to comply with changes in applicable laws, regulations, or to improve the Crypto Services. Notice of amendments will be provided by email or through a notification on the Crypto Services platform, and you will be given a reasonable period to review the changes.
14.2 Binding Effect of Amendments
Your continued use of the Crypto Services following the notification of such amendments shall constitute your acceptance of the amended Terms. If you do not accept the amended Terms, you must discontinue your use of the Crypto Services and terminate your relationship with AstroPay in accordance with these Terms.
14.3 No Retroactive Changes
Any amendments to these Terms shall not affect any rights or obligations accrued prior to the effective date of the amendment.
15. Governing Law
15.1 Jurisdiction and Governing Law
These Terms and your relationship with AstroPay shall be governed by and construed in accordance with the laws of the Isle of Man, without regard to its conflicts of law principles.
15.2 Resolution of Disputes
Any disputes arising from or related to these Terms, including the use of the Crypto Services, shall be subject to the exclusive jurisdiction of the courts of the Isle of Man. Both parties consent to the personal jurisdiction and venue of such courts, and waive any objections to such jurisdiction and venue.
15.3 Alternative Dispute Resolution
Notwithstanding the foregoing, AstroPay encourages the resolution of disputes through negotiation or alternative dispute resolution mechanisms such as mediation or arbitration before resorting to litigation. Should both parties agree to arbitration, the rules of the Isle of Man Arbitration Association shall apply.
16. Miscellaneous
16.1 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be deemed severed from these Terms, and the remainder of these Terms shall remain in full force and effect. The severed provision shall be replaced with a valid, enforceable provision that closely reflects the original intent of the provision.
16.2 No Waiver
Failure or delay by AstroPay in enforcing any provision of these Terms shall not constitute a waiver of that provision or any other provision of these Terms. No waiver of any term or condition shall be valid unless expressly made in writing and signed by an authorized representative of AstroPay.
16.3 Entire Agreement
These Terms, together with any applicable supplementary documents, constitute the entire agreement between you and AstroPay concerning the use of the Crypto Services. Any prior or contemporaneous agreements, understandings, or communications, whether oral or written, relating to the Crypto Services are hereby superseded.
16.4 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of AstroPay. AstroPay may assign or transfer its rights and obligations under these Terms without your consent, provided that such assignment does not materially affect your rights under these Terms.
