Last Modified: August 4, 2023 Please read these Terms and Conditions (this “Agreement”) for buy.cakepay.com carefully before using our website or any services on buy.cakepay.com. Welcome to the buy.cakepay.com Cake Pay Web service (the “Service”) operated by Cake Labs LLC (“Cake” or "we"). In this website, you are allowed to purchase merchant and payment cards for use in eligible jurisdictions. ### Eligibility and Representations To access the Service, you need to provide a valid email address that solely you have reliable access to. You must safeguard your email to prevent others from accessing your funds. Access to the Service is not authorized by any other person or entity using your email. Individuals and entities whose privilege to access the Service has previously been terminated by us may not use the Service, nor may they designate anyone else to use the Service on their behalf. Your account is non-transferable. To use the Service, you represent that: * You are at least 18 years of age; * You possess the authority to create a binding legal obligation; * You will not use the Service to commit any crimes or for any illegal or fraudulent act; * You are not a sanctioned individual or entity, or a resident of a sanctioned jurisdiction; * You will not attempt to evade any controls that limit purchase activity; * You will follow all of the terms that govern any specific products you purchase with the Service, such as the merchant terms for a specific merchant or payment card agreement; * You will not attack, manipulate, or abuse any website or payment network in conjunction with use of the Service. ### Underpayment Please make sure to pay the exact amount of cryptocurrency specified in the invoice. If you underpay, Cake support will assist in either another payment, or a refund if the order qualifies for a refund. You will be asked to pay the remaining amount of cryptocurrency, or an equivalent amount of cryptocurrency in USD, at the direction of Cake support staff. If you follow the instructions of the Cake support staff, your order will be processed. ### Refund Policy The Service only provides refunds in the following situations: * Your purchased item was not delivered correctly; * Your purchased item did not work, AND Cake is able to recover the funds and process a refund; * You paid an incorrect amount for the invoice, AND it's feasible for us to track this amount down, AND the resulting refund amount is at least $50. In these cases, we will investigate the situation. To request a refund, please email support@cakepay.com from the SAME EMAIL that you provided at checkout. If you email us from a different email, we will ask for proof of payment. You can expedite the support request by emailing us from the same email as the purchase or by providing a proof of payment. If a qualifying refund is possible, Cake may decide to, in its sole discretion, refund the purchase in the original asset used for purchase or using a different asset of similar value. Cake will deduct network and conversion fees incurred from the refund. Cryptocurrencies can be volatile assets, so the refund amount may be considerably different depending on market conditions and the circumstances that necessitate a refund. Cake will determine the appropriate amount for a refund when factoring in these network conditions. For example, if you make a payment of $1000 equivalent in XMR, and then that XMR grows to $1200 in value, you should expect to get closer to $1000 in equivalent value back. If the value of that XMR falls to $500, you should expect to get closer to $500 in equivalent value back. Cake will provide a refund amount that is closest to value that Cake has for that specific purchase at the time of the refund. Cake makes no guarantees whatsoever that the assets paid to Cake will remain in the initial payment asset, a stable asset such as a stablecoin or USD, or any other asset. You agree to accept Cake's reasonable interpretation of the correct refund amount that factors in many conditions such as these. Any refunds issued by Cake are at its sole discretion and the issuance of a refund to one customer does not bind Cake to issue a refund to another customer or to the same customer for a separate transaction. You have 14 days from purchase or transaction to apply for a refund. All purchases and transactions that are older than 14 days will be considered delivered without issue or considered abandoned funds and forefeited to Cake. Please make sure to pay the correct amount of the invoice to substantially reduce the chance of payment errors. We do NOT provide refunds of any kind in the following situations (and other situations): * You accidentally purchased the incorrect item; * You no longer want the item; * You take issue with any of the merchant terms; * Your purchased items are delivered correctly, but then the issuing merchant for the product decides to terminate the product or credit, or refuse to accept it, for any reason (you must resolve the situation with the merchant directly); * The issuing merchant requires personal information from you, but you do not want to submit this information or can not provide the information that they are requesting (you must resolve the situation with the merchant directly); * Your purchased product expires; * You made the purchase more than 14 days ago. ### Privacy Policy Your email and IP address may be shared with the third parties for the necessary processing of your purchase. This information shared with third parties is the subject to their respective privacy policies. Cake will not share your email outside of reasons necessary to process your order, and we will never use this information for marketing purposes, except for infrequent service updates. To the extent allowable by law, we will delete any personal information of yours by email request to legal@cakepay.com. You must submit this request from the same email that you used for this Service. You must specify that this request is for Cake Pay Web. Information about your payment method, your browser, your IP address, and your email are used by the website, and they are collected if you make a purchase. ### Use of Your Information We use the information we collect about you for various purposes, including to: * Deliver the purchased products; * Provide customer support; * Respond to emails or other requests, inquiries, comments, or questions; * Verify and/or authenticate your access to the Service; * Prevent, investigate, identity, or take any other action regarding any suspected or actual fraudulent or illegal activity or any activity that violates our Terms and Conditions; * Comply with applicable laws, regulations, or legal processes as well as industry standards and our company policies; * Provide infrequent service updates. We may also share your information (1) if we are required to do so by law, regulation, or legal process (such as in response to a court order or subpoena or similar government request for information); (2) to fulfill requests by government agencies, including law enforcement authorities; (3) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity; (4) to enforce our policies, or to protect legal rights, property, or safety; (5) with third parties, to investigate or address possible criminal or fraudulent activity; or (6) in the event of a joint venture, partnership, merger, or other collaboration with another organization. We reserve the right to transfer any information we obtain through the Service in the event we sell or transfer all or a portion of our business or assets. ### Use by Minors (17 and under) The Service is not available to children under the age of 18. We do not knowingly collect information, including personally identifiable information, from children or other individuals who are not legally able to use the Service. If you are under the age of 18, please do not submit personal information to us. If we receive actual knowledge that we have collected personally identifiable information from a child under the age of 18, we will promptly delete it and suspend services, unless we are legally obligated to retain such data. Contact us at legal@cakepay.com if you believe that we have mistakenly or unintentionally collected information from a child under the age of 18. ### Use by Adults under the age of 21 Certain products can only be used by individuals who are 21 or older, such as alcohol products in the United States. We reserve the right to refuse service, terminate access, terminate your rights to use the Service, remove or edit content, or cancel orders if you act in violation of this Section. ### Terms of Sale We aspire to provide quick delivery of purchased products, though delays and errors may occur. All merchant services and products are subject to availability and limits. Even after you have completed a payment, we reserve the right to cancel the order and initiate a refund process by contacting your email. All prices are subject to change. Products you purchase through the Service are issued and activated by participating third parties. Your purchase of each product will be governed by certain terms and conditions established by the issuing third party. Depending on the applicable law of your jurisdiction and the promotional nature of certain products, merchants may set expiration dates, in addition to other restrictions and requirements. You should review and familiarize yourself with all applicable third-party terms and conditions prior to purchasing any product. If you have questions regarding the applicable third-party terms, please contact the issuing third-party. As issuers of the products, the merchants or the card program operator (and not us) are fully responsible for all aspects of the program. These parties are also responsible for any and all liabilities, damages and costs suffered by you or any other customer in connection with your purchase and use of the card. While Cake strives to work with reputable merchants, we have no liability for (i) the sale of products or services to you by a third-party through to use of a merchant or payment card; and (ii) any merchant’s failure to honor a merchant gift card. You will need to look solely to the applicable third-party for any remedy in connection with the foregoing issues. We attempt to be as accurate as possible and to eliminate errors on the products that we sell; however, we do not represent or warrant that any product or information about the product (including the description, third-party information or pricing information) is accurate, complete, reliable, current or error-free. In the event of an error, in an order confirmation, in processing a purchase of otherwise, Cake reserves the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. By making a purchase, you represent that you are authorized to use the designated payment method, free of any holds or conditions. Payment processing fees to third parties may apply. You are not permitted to make purchases from Cake if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) identified as a “Specially Designated National”; or (iii) placed on the U.S. Department of Commerce’s “Designated Persons List or Entity List” or any other U.S. export control list. ### Checking Card Validity You are required to check the validity of the card promptly upon delivery of the product. If you have redemption issues, please immediately contact support@cakepay.com so that we can investigate the situation. ### Conversion Rates Some of the products you purchase may undergo one or more conversions. For example, if intend to purchase a CAD-denominated card for use in Mexico with BTC, then there may be two implied spreads in the ultimate price that you receive (BTC/USD and CAD/USD). Further, if you spend this CAD-denominated card on purchases where the balance is deducted in another currency such as MXN, then the terms of service of the product (card) that you have purchased could include a foreign exchange fee paid to that card issuer (MXN/USD). Cake aspires to have tight prices for its conversions, but it does not warrant or make any guarantee about a particular price. The invoiced asset amount presented to you at the checkout is the amount you will pay if you wish to purchase the relevant product, inclusive of any/all conversions other than possible foreign transaction fees or other card program fees when using the product. If you do not agree with the rate, do not purchase the product. ### License You are not permitted to (a) sell, rent, lease, lend, redistribute, sublicense, or make commercial use of the Service or the content; (b) copy, reverse engineer, decompile, disassemble, or attempt to discover the source code of our program or the content, or any portion thereof; (c) modify, alter or otherwise make any derivative uses of the program or the content; (d) remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the program or the content; (e) use any data mining, robots or similar data gathering or extraction methods in relation to the program or the content; (f) use the program and the content other than for their intended purposes. ### Copyright If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement by emailing legal@cakepay.com. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any such damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. ### Third-Party Services and Materials We may provide links to third-party websites, apps, mobile services, or other third-party services, and may also display, link to or otherwise make available third-party content, data, information, events, apps or materials in the Service. We do not endorse or control, and make no representation or warranties of any kind, regarding these materials including, but not limited to, the content, accuracy, quality, nature, appropriateness, decency, functionality, performance, reliability, completeness, timeliness, validity, safety, legality or any other aspect thereof. We are not responsible for any issues, legal or otherwise, that may result from your use of third-party services or third-party materials. For the avoidance of doubt, the terms and policies for the third-party services are solely between you and that party, not Cake. ### User Conduct The Service may be used and accessed for lawful purposes only. You agree not to, and to not encourage or conspire with anyone else to, engage in any conduct that is inconsistent with the purposes, intent and spirit of the Service. You also agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Service. In addition, you agree that you are solely responsible for your conduct with respect to the Services and that you will not, and will not permit anyone to use the Service to do any of the following: * Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from enjoying the Service or that could damage, disable, overburden or impair the functionality of the Service in any manner or in any way inconsistent with any documentation provided to or made available to you by Cake concerning the Service; * Use the program for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these terms or any other rules or policies established from time to time by us; * Use the service in any way if you are under 18 years of age; * Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Services or third parties; * Infringe upon or violate Cake’s rights, Cake’s users, or any third party. If your access is disabled, you, or anyone acting under your discretion, is/are strictly prohibited from using the Service. We take no responsibility and assume no liability for any user conduct, mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter while using the Service. Your use of the Service is at your own risk. Any use of the Service in violation of the foregoing violated these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Service. ### Cryptocurrency Cake makes absolutely no financial advice or recommendations, or tax advice of any kind, regarding your use of cryptocurrencies. It is your responsibility to determine any tax impact of your cryptocurrency transactions. We do not provide tax advice and we are not responsible for your cryptocurrency wallet. ### Purchase Limits You will not exceed, through any use of the Service, 3,000 USD (or equivalent) in purchases per day and 10,000 USD (or equivalent) in purchases per month. Cake may impose other limits at its discretion. Cake reserves the right to cancel any orders which are placed that exceed the limits or any orders which are thought to be an attempt to circumvent the set limits. If you wish to complete a Know Your Customer (KYC) procedure to be eligible for higher limits, please email support@cakepay.com for access to this procedure. ### Merchant Non-Affiliation The merchants and third-parties represented in the Service are not sponsors of Cake or otherwise affiliated with Cake. The logos and other identifying marks attached are trademarks of and owned by each represented company and/or its affiliates. Please visit each company’s website for additional terms and conditions. ### Disclaimers You expressly acknowledge and agree that your use of the Service is at your sole risk and that the entire risk as to satisfactory quality, performance, safety, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Service and content are provided “as is” and “as available” basis. We disclaim any and all warranties and representations (express or implied, oral or written) with respect to the Service and content, including all (i) implied warranties or merchantability; (ii) implied warranties of fitness or suitability for any purpose; and (iii) warranties of non-infringement or condition of title. We do not warrant that the functions contained in the Service will be accurate or meet your requirements, that the operation of the Service will be uninterrupted or error-free, or that any defects in the Service will be corrected. No oral or written information, guidelines or advice given by Cake or Cake’s authorized representative will carry a warranty. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you. ### Indemnification You agree to defend, indemnify and hold us and our affiliates, subsidiaries and our and their respective officers, directors, employees and agents (collectively with us, the “Indemnified Parties”) harmless from any claim or demand made by any third-party due to or arising out of or related to: (i) your breach of these Terms and Conditions, (ii) your improper use of the Service, (iii) your violation of any third parties’ intellectual property rights, (iv) your intentional misconduct, fraudulent acts or gross negligence, (v) any content you provide via the Services, or (vi) your violation of any applicable law, including any applicable tax laws. You agree to pay any and all losses, costs, damages and expenses (including reasonably legal fees and expenses) for which any Indemnified Party is found liable in respect of any such claim or demand and to reimburse each Indemnified Party immediately for any damages that the Indemnified Party has directly incurred, suffered or paid. You hereby acknowledge that we are not the issuer of any merchant or payment card sold through the program. To the extent permitted under applicable law, you agree to release us from any claim or liability arising out of or related to (i) how and whether a product operator honors its merchant or payment cards purchased through the program and (ii) any merchant or payment card operator’s failure to honor a particular merchant or payment card purchased by you through the Service. ### Limitation of Liability To the maximum extent permitted under applicable law, in no event will we be liable to you or any third-party for any fees or costs incurred by you, including, but not limited to, any fees associated with your device, the cost to purchase and operate your device, the cost of any merchant or payment cards, the cost of any products or services purchased with any merchant or payment card, or incidental, special, indirect, consequential, exemplary, or punitive damages whatsoever including, but not limited to, damages or loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to the Services and/or Service content, including but not limited to the merchant or payment cards, promotions, related products and services, third-party services and/or third-party materials, however caused, regardless of the theory of liability (contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory) and even when we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation may not apply to you. In no event will our total liability, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the services exceed fifty US dollars ($50.00). ### Applicable Law Our program is subject to Nevis law. If you choose to access or use the Service from locations outside of Nevis, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations. The laws of Nevis govern your use of the Service. Your use of the program may also be subject to other local, state, national, or international laws. You agree that any action at law or in equity arising out of or relating to the Services or the Terms and Conditions will be filed only in Nevis, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Service (including, but not limited to, your use of the Service). ### Termination We reserve the right to change, suspend, remove, discontinue or disable access to the Service at any time and without notice. ### Arbitration At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Nevis law. ### Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. ### Changes to Terms We may change these Terms and Conditions from time to time. If we make changes, we will notify you by revising the date at the top of these Terms and Conditions. We encourage you to review these Terms and Conditions whenever you utilize the Service to stay informed about our information practices. ### Severability If any provision of these Terms and Conditions shall be deemed unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining portions. ### Waiver Enforcement of the Terms and Conditions is solely at our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances. ### Assignment We may assign these Terms and Conditions and our rights thereunder or delegate its obligations thereunder without your consent. All provisions contained in these Terms and Conditions shall extend to and be binding upon you and our successors and assigns. You may not assign these Terms and Conditions to another person or entity. ### Entire Agreement The Agreement constitutes the sole and entire agreement between you and Cake regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. ### How to Contact Us To contact our legal team, please email legal@cakepay.com. Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, email and/or payment method details used to make purchases, the name, email, and physical address of a seller for seller information; and IP address and complete time stamps. If you are a user and have general questions, please email support@cakepay.com.