KuCoin Pay Terms of Use

KuCoin Pay Terms of Use

1. About these terms
   1. The KuCoin Group is a global blockchain ecosystem centred around an online exchange for digital assets trading which provides users with a trading platform to buy and sell digital assets, an integrated custody solution allowing users to store their digital assets and other digital asset-related services. The KuCoin Pay product suite is one of such digital asset-related service. This KuCoin Pay Terms of Use (the “Terms”) is concluded between you (referred to as “you” or “your”) and KuCoin (as defined in the KuCoin Terms) (“KuCoin”, “we”, “our” or “us”).
   2. By registering to use KuCoin Pay, you agree to the terms of use set out in this document and the other documents incorporated herein by reference (collectively herein "Terms").
   3. Services provider under KuCoin Pay may be delivered by an affiliate of KuCoin, or third-party providers selected by us. These services are currently limited to specific regions and may be expanded at our discretion. We retain the right to determine, at our sole discretion, the regions and jurisdictions in which we operate. Furthermore, we may limit or suspend access to KuCoin Pay in certain locations as needed to comply with applicable legal and regulatory requirements.
   4. These Terms become effective once you accept them, and we confirm your eligibility for the service. By clicking "Agree" or "Accept" (or similar options provided) or by accessing or using KuCoin Pay, you confirm that: (a) you have read, understood, and agree to abide by these Terms, along with the KuCoin Terms [Terms of Use| KuCoin] and Privacy Policy [Privacy Policy| KuCoin], which are supplementary to these Terms; (b) you acknowledge and accept the risks associated with transactions involving digital assets; and (c) we will not be held responsible for any adverse outcomes resulting from such risks  
   5. We reserve the right to change these Terms (including Privacy Policy or other documents incorporated herein by reference) from time to time in our sole discretion.  Your continued use of KuCoin Pay after the publication of such amended terms shall constitute your consent and agreement to the Terms, as amended.  You accordingly agree to keep yourself appraised or our prevailing Terms.
   6. If you do not agree to these Terms, or are not legally capable of doing so, you may not use KuCoin Pay or any part thereof.
   7. In the event of a conflict between any part of these Terms, they shall prevail over one another in the following order:  The KuCoin Terms, these Terms, the Privacy Policy and then the KuCoin Pay Merchant Agreement.
2. Definitions
   1. Unless specified otherwise, the capitalized terms used herein shall have the meanings assigned to them in the KuCoin Terms of Use ([insert link], the "KuCoin Terms")
   2. “KuCoin” is an information intermediary service platform (“KuCoin Platform”) that provides Users with digital asset trading and related services.
   3. "KuCoin Pay" or “KuCoin Pay Services” means the KuCoin Pay payments services which include physical and/or digital integration, payments processing and settlement.
   4. “KuCoin Account” means an account created for a unique user on KuCoin after having passed registration and verification.
   5. "Affiliate" means any entity or person directly or indirectly controlled by or in control of or otherwise affiliated or associated with KuCoin.
   6. "Anti-Corruption Legislation" means the anti-corruption and bribery legislation, regulations and binding codes of practice, including those with extra-territorial effect, applicable to the entering into and performance of these Terms.
   7. "Anti-Money Laundering Legislation" means the anti-money laundering legislation, regulations and binding codes of practice, including those with extra-territorial effect, applicable to the entering into and performance of these Terms.
   8. "Corruption" refers to any offence created in terms of Anti-Corruption Legislation, and "Corrupt Act" shall be construed accordingly.
   9. "Confidential Information" means all non-public information concerning the purpose disclosed by either Party, its Affiliates, or their agents to the other Party, its Affiliates, or their agents that is designated as confidential or that, given the nature of the information or the circumstances surrounding its disclosure, reasonably should be considered as confidential. Confidential Information includes, without limitation (i) non-public information relating to the Disclosing Party’s trade secrets, technology, products, services, processes, data, customers, business plans and methods, promotional and marketing activities, finances and other business affairs (ii) third-party information that the Disclosing Party is obligated to keep confidential, and (iii) the nature, content and existence of a relationship, discussions or negotiations between the Parties.
   10. "Intellectual Property" means all intellectual property and proprietary rights of KuCoin pertaining to KuCoin Pay or otherwise, inclusive of the following:
       1. all current and future intellectual property and proprietary rights, howsoever arising in any jurisdiction worldwide, whether registered or not, discovered solely or in collaboration with others, irrespective of stage of development, including (without limitation) the following rights and rights similar thereto: patents, industrial designs, design rights, topography rights, registered and unregistered trade marks, service marks, goodwill, copyright, domain names, defensive names, know-how, trade secrets,  confidential information, plant breeders' rights, performer's rights and in respect of all of the aforegoing, any applications (or entitlement to make application) for the protection or registration of the aforesaid rights and all renewals and extensions thereof throughout the world (to the extent possible);
       2. all current and future embodiments of the aforegoing rights, physical or otherwise, including (without limitation) inventions, discoveries, analyses, models, moulds, tooling, topographies, trade names, business names, trade dress, logos, emblems, get-ups, works, records, schematics, formulas, test, manuals, documentation, layouts, content, compilations, images, processes, methods, customer lists, supplier lists, business and marketing information, specifications, software, systems, software code (source and object), configurations, information in databases and database schemas; and
       3. adaptations, improvements and derivatives of any of the aforegoing.
   11. "Money Laundering" refers to any offence created in terms of Anti-Money Laundering Legislation.
   12. "Parties" means you and us and "Party" refers to any one of them as the context may indicate.
   13. "Personal Information" means personally identifiable information as defined in Privacy Laws; and
   14. "Privacy Laws" means all applicable privacy legislation that may apply to information processed under or in terms of these Terms.
   15. “User” means a person who has opened a KuCoin Account, and who uses the KuCoin Pay Service to buy or sell goods or services.
3. Registration and Verification
   1. To register for KuCoin Pay, you must complete the following steps:
      1. Create a KuCoin Account;
      2. Access KuCoin Pay through the KuCoin platform;
      3. Agree to these Terms and any additional applicable legal documents;
      4. Read and acknowledge receipt of our Privacy Policy, which outlines our commitment to protecting your information and our data usage practices;
      5. Accept the terms, agreements, and policies of any third-party service providers necessary to access certain services available on the KuCoin platform;
      6. Provide valid and accurate information, including your KuCoin Account details, name, country of residence, mobile number, and other data as required; and
      7. Verify your mobile number and/or other identification information as requested by us or our designated processors.
   2. By registering for KuCoin Pay, you confirm that you are acting solely on your own behalf and not on behalf of any third party.
   3. To use KuCoin Pay, you must:
      1. Be at least 18 years old and legally capable of entering into these Terms;
      2. Reside in a supported country listed on the Platform;
      3. Hold a valid and active KuCoin Account or other cryptocurrency accounts acceptable to us; and
      4. Meet any additional qualifications outlined in the KuCoin Terms.
      5. You agree to provide accurate and current information when setting up and personalizing your KuCoin Account and to keep this information updated throughout your use of KuCoin Pay.
   4. You acknowledge and consent to our right, or that of our designated processors or third-party service providers, to conduct identity verification, credit checks, anti-money laundering (AML) screenings, counter-terrorism financing checks, and other compliance reviews as required under applicable laws or internal policies. You must always provide complete and truthful information and cooperate with any requests for further documentation or verification. Failure to do so may result in suspension or termination of your KuCoin Pay services.
4. KuCoin Pay Services
   1. After completing the registration and verification process, you can access the following KuCoin Pay features;
      1. Open and maintain a KuCoin Wallet, allowing you to deposit and store supported cryptocurrencies by transferring them from other wallets within your KuCoin Account or through other approved methods. Use of additional services or features for funding is subject to their respective terms and conditions.
      2. Withdraw cryptocurrencies from your KuCoin Wallet to other wallets linked to your KuCoin Account or other approved cryptocurrency wallets.
      3. Monitor your crypto balance and review and transaction details related to KuCoin Pay.
      4. Utilize other features provided by KuCoin Pay, as updated periodically on the KuCoin Platform or KuCoin Pay.
   2. After registration, verification, and activation of your KuCoin Wallet, you can use KuCoin Pay for the following purposes:
      1. Transfer Cryptocurrency to other KuCoin users by scanning their unique QR code using the KuCoin Pay app. Transaction limits may apply, and these limits can be viewed by logging into your KuCoin Account. Verification steps may be required to increase these limits.
      2. Receive Cryptocurrency from other KuCoin users. Received funds will appear in your KuCoin Pay Wallet balance, though withdrawal restrictions may apply for compliance purposes.
      3. Make payments to merchants or service providers by debiting the required Cryptocurrency amount from your KuCoin Account. This includes transactions via online checkout, QR code payments, or merchant mini-programs integrated into the KuCoin app. Payment methods may vary depending on the merchant, service provider, or transaction type.
      4. Access Licensed Payment Services Providers (PSPs) or peer-to-peer (P2P) services. Through KuCoin Pay, you can:
         1. (i) Engage PSPs to transfer fiat currency to designated recipients on your behalf; and/or
         2. (ii) Access KuCoin P2P services to trade digital assets directly with other counterparties.
         3. Use of these services is subject to additional terms and conditions provided separately.
      5. After using KuCoin Pay for payments or transfers, you may also exchange Cryptocurrencies for certain fiat currencies via our designated service providers. The exchange rate will be determined by the service provider and may include conversion fees. KuCoin acts solely as a facilitator for these transactions and does not perform regulated fiat transfer services. For questions or concerns, contact us or refer to the relevant materials available on the Platform.
5. Refunds, Payment Review, Negative Balances, and Incorrect Transfers
   1. Refunds
      1. If you make a purchase from a merchant or service provider using KuCoin Pay and the transaction is refunded, the refund will be credited to your KuCoin Wallet balance in USDT.
      2. This refund policy applied to all KuCoin Pay services unless otherwise specified in these Terms or other agreements.
   2. Payment Review
      1. KuCoin Pay may identify certain transactions as high-risk and place them on hold for review before processing. In such cases, merchants or service providers may delay delivering goods or services. If the transaction is cleared, it will proceed; if not, it will be cancelled, and funds will be returned unless otherwise required by law.
   3. Negative Balances
      1. If your KuCoin Wallet has a negative balance due to settlement exceeding the available balance, we may reject payments, deduct the negative amount from your associated accounts, or take other necessary actions to recover the deficit and offset any losses.
      2. If the negative balance remains uncollectible, we may suspend your wallet and associated services until resolved. We reserve the right to take legal measures to recover the outstanding amount.
   4. Incorrect Transfers
      1. In cases of erroneous or unauthorized transfers to or from your KuCoin Wallet, we reserve the right to freeze, claw back, or reserve such transactions at our sole discretion. While we will attempt to assist in recovering funds from erroneous transfers, we cannot guarantee success and are not liable for any losses caused by such transaction. Users are advised to verify details carefully before proceeding with transfers.
6. Use of KuCoin Pay
   1. We reserve the right to change the KuCoin Pay Services from time to time in our sole discretion. 
   2. Your use of KuCoin Pay is subject to the prevailing KuCoin Terms published at [Terms of Use| KuCoin]  which is incorporated into these Terms by reference.  KuCoin may change the KuCoin Terms from time to time in its sole discretion.
   3. In your use of KuCoin Pay, you agree not to:
      1. engage in any unlawful or illegal activity;
      2. disrupt, impair or overburden our network or operations;
      3. circumvent, disable or otherwise interfere (or attempt to interfere) with any features or functionality of KuCoin Pay or restrictions imposed on you by these Terms;
      4. reverse-engineer, decompile or reverse assemble the KuCoin Pay Services;
      5. act in breach of any provisions or contractual agreements between yourself and KuCoin or KuCoin Pay;
      6. use any other person's KuCoin Account, impersonate any other user or to log in to the with false information; and
      7. index, pre-fetch, cache or otherwise store, whether offline or online, any data obtained through the KuCoin Platform.
7. Security
   1. You agree to keep the login details to your KuCoin Account strictly confidential and not to share them with anyone.
   2. You agree that we may attribute any action performed on the KuCoin Platform that is authenticated with your KuCoin Account to you, irrespective of whether such action was actually taken by you.
   3. You agree to notify us by email as soon as you become aware of any fact, circumstance or eventuality that may lead to the security of the KuCoin Platform or the KuCoin Pay Service to be compromised.
   4. You are notified that it is a criminal act to circumvent, disable or otherwise interfere (or attempt to do so) with our security measures and you agree not to do so, either directly or indirectly. 
8. Data privacy
   1. In order to make available the Platform and to render our associated services, you agree that we must process certain Personal Information and in doing so we rely on your acceptance of and compliance with KuCoin’s Privacy Policy, as well as your compliance with applicable Privacy Laws. 
   2. You accordingly hereby undertake, warrant and represent that you will at all times:
      1. comply with the requirements of applicable Privacy Laws and the requirements for the lawful processing of Personal Information to the extent applicable to you or the information that you post on the Privacy Laws; and
      2. upon request, promptly provide reasonable evidence of your compliance with applicable Privacy Laws to the extent set out immediately above.
9. Confidentiality
   1. You undertake to procure the confidentiality of any Confidential Information that you may become privy to and not to disclose or allow the disclosure of any Confidential Information to any third party, unless such disclosure is expressly authorised in terms by us in writing. 
   2. You agree that we may disclose any of your information if we are obliged by law to do so, to verify your compliance with these Terms or to enforce any right or remedy we may have.
10. Intellectual property
    1. You are only authorised to use the KuCoin Pay Services in accordance with these Terms and while you maintain a valid KuCoin Account. Your permitted use is non-exclusive, non-sublicensable and personal.
    2. You agree to notify us by email as soon as reasonably possible upon becoming aware of any actual or likely infringement of our rights in and to the KuCoin Pay Services.
    3. All Intellectual Property not expressly granted by us, shall remain reserved to us in full.
11. General warranties
    1. You warrant and represent, as material warranties, while using the KuCoin Platform and/or KuCoin Pay and associated services, that:
       1. you have the legal capacity to accept and be bound to these Terms;
       2. the acceptance of these Terms, as amended, constitute a valid and binding between us on its terms; and
       3. the acceptance of these Terms, as amended, and the performance of its obligations hereunder does not and shall not:
          1. contravene any applicable law or regulation;
          2. conflict with or constitute a breach of any of the provisions of any other agreement, obligation, restriction or undertaking which is binding on you.
12. Compliance with Anti-Corruption Legislation and Anti-Money Laundering Legislation
    1. The Parties record and agree that it is their intention to enter into these Terms and to perform in terms hereof in compliance with Anti-Corruption Legislation and Anti-Money Laundering Legislation.  Accordingly, each Party warrants to the other, as material warranties, that:
       1. it is and will remain familiar with the requirements of Anti-Corruption Legislation and Anti-Money Laundering Legislation;
       2. neither it, nor any of its officers, employees, agents, representatives or affiliates (herein "Related Parties") have committed a Corrupt Act in the entering into of these Terms, nor will they do so in the performance of these Terms;
       3. neither it, nor to the best of its knowledge and belief, any of its Related Parties have been found guilty of Corruption or Money Laundering, nor investigated at any time for any possible Corrupt Act or Money Laundering;
       4. it has taken and will continue to take reasonable care to prevent Corruption and Money Laundering, both in the entering into and performance of these Terms, including maintaining adequate internal controls and compliance training; and
       5. you will notify us immediately of any fact, circumstance or eventuality that may indicate that a Corrupt Act or Money Laundering may have taken place or is likely to take place or if it no longer complies with the provisions of this clause 12.
    2. The Parties agree to promptly address any allegation of Corruption or Money Laundering and to promptly give each other reasonable assistance and access to information in doing so. 
    3. We reserve the right to designate regulatory, policy and best practice frameworks as part of the Anti-Corruption Legislation and Anti-Money Laundering Legislation, in which case it shall apply as between the us for purposes of compliance with the provisions of this clause 12.
    4. A breach of the provisions of this clause 11 shall constitute a material breach of these Terms.
13. Suspension and termination
    1. We may suspend your KuCoin Account without prior notice to you if we have reason to suspect that you are using it in contravention of these Terms or if we need to do so to protect the Platform for any reason. 
    2. We may make the re-activation of your KuCoin Account pursuant to a suspension conditional on the compliance with such conditions as we may deem appropriate in our sole discretion.
    3. We may, at any time, terminate the Terms with you without notice if you have breached any material provisions of the Terms or any other applicable law (or have acted in a manner which clearly who’s that you do not intend to or you are unable to comply with the material provisions of the Terms.
    4. We may, at any time, terminate the Terms with you without notice if we are required to do so by applicable law or regulations (including without limitation, where the provision of the KuCoin Pay Services to you becomes non-compliant with the regulations).
    5. Subject to clause 13 above, and applicable laws and unless otherwise provided herein, where the Terms are terminated by either party hereof, you will be entitled to a refund of any available balance in your KuCoin Account or KuCoin Wallet in accordance with these terms.
14. Disclaimers, limitation of liability and indemnity
    1. We do not warrant, represent or undertake that the KuCoin Platform or KuCoin Pay Services will always be available.  Without limiting the aforegoing, we reserve the right to perform maintenance on the KuCoin Pay from time to time during which time performance may be derogated or may not be available at all.
    2. The KuCoin Pay Service is provided as is and on a best effort basis, without any warranty, representation or undertaking whatsoever. 
    3. To the maximum extent permissible under applicable law, we disclaim any liability for any cost, claim, damage, loss, expense, penalty or other adverse consequence that you may incur arising from these Terms, the use of the KuCoin Pay Service or otherwise.  Without limiting the aforegoing, we shall not be liable for any direct, indirect, consequential, special or punitive damages, inclusive of loss of profit.
    4. You agree to indemnify us from any cost, claim, damage, loss, expense, penalty or other adverse consequence that may arise from your use of the KuCoin Pay Service or noncompliance with these Terms.
    5. The provisions of this clause 14 shall apply for the benefit of us and our Affiliates.
15. Notices and address for service
    1. All information will be made available or provided to you in an easily accessible manner, in English and other languages supported by us.
    2. You agree that we may send notices and other communications to you via the KuCoin Platform, email or other reasonable means to any matter relating to your use of the KuCoin Pay Services, including the Terms (and revisions or amendments to the Terms), notices or disclosures regarding the KuCoin Pay Services.
    3. You agree that all communication in connection with your use of the KuCoin Pay Services shall only be submitted via the Customer Support Centre [KuCoin Help Center - Get 24/7 Customer Service from KuCoin Support Team].
16. Miscellaneous
    1. Force Majeure. We shall not be liable for any failure or delay in the performance of our obligations under these Terms or any unavailability thereof that is due, in whole or in part, directly or indirectly to any Force Majeure events, which is beyond our reasonable control.
    2. You and we agree to resolve any claims relating to this Agreement (including any question regarding its existence, validity, termination, or any services or products provided, and any representations made by us) through final and binding arbitration. You agree first to allow us to resolve any claims by contacting us via our Customer Support team.
    3. If we are not able to resolve your claims timely, you may seek relief through arbitration pursuant to the KuCoin Terms.
    4. Risk Warning. You also acknowledge the following risk: Digital asset prices can be volatile. The value of your investment may go down or up and you may not get back the amount invested. You are solely responsible for your investment decisions and KuCoin is not liable for any losses you may incur. Please fund your wallet and perform your transactions cautiously. Not financial advice. For more information, see also our other risk warnings on the KuCoin website [Risk Disclosure Statement| KuCoin]. If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definitions clause, effect shall be given to it as if it were a substantive provision in the body of these Terms.