Terms of Service

1. Definitions

1.1. “Blockchain” means a decentralised, distributed ledger technology used to record transactions across multiple computers, including but not limited to Ethereum, Polygon, Base, Tron, and Solana.

1.2. “Merchant” means any individual or entity that registers to use the Services for the purpose of accepting payments via Blockchain technology.

1.3. “Services” means the non-custodial blockchain payment gateway and related infrastructure software provided by Web3Settle, including the deployment of per-merchant smart contracts on supported Blockchains.

1.4. “Smart Contract” means a self-executing contract with the terms of the agreement directly written into code, deployed on a Blockchain, over which Web3Settle has no control or access post-deployment.

1.5. “Private Key” means a cryptographic key that allows a Merchant to access and control funds held in their Blockchain wallet or Smart Contract.

1.6. “Transaction” means any transfer of digital assets or cryptocurrency on a Blockchain facilitated through the Services.

2. Service Description

2.1. Web3Settle provides a non-custodial blockchain payment gateway that enables Merchants to accept payments in cryptocurrency through Smart Contracts deployed on supported Blockchains (Ethereum, Polygon, Base, Tron, and Solana).

2.2. Web3Settle’s role is limited to providing software infrastructure for the deployment and interaction with Smart Contracts. We do not hold, control, or have access to any funds deposited into or processed through these Smart Contracts.

2.3. Merchants retain sole control over their funds and Private Keys at all times.

3. Eligibility

3.1. To use the Services, you must be at least 18 years of age (if an individual) or a duly incorporated entity with the legal capacity to enter into binding contracts.

3.2. You must not be located in, or a resident of, any jurisdiction where the use of the Services is prohibited by law or regulation.

3.3. You represent and warrant that your use of the Services complies with all applicable laws and regulations in your jurisdiction.

4. Account Registration

4.1. To access the Services, you must register an account on the Platform by providing accurate and complete information as requested.

4.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4.3. Web3Settle reserves the right to suspend or terminate your account if we suspect any unauthorised use or breach of these Terms.

5. Fees

5.1. Web3Settle charges a transaction fee of 0.25% on the value of each Transaction processed through the Services.

5.2. A monthly platform fee of $99 is payable by the Merchant, which is waived in any month where the total transaction fees exceed $99.

5.3. Fees are non-refundable and are subject to change upon reasonable notice provided by Web3Settle via the Platform or email.

5.4. Merchants are responsible for any Blockchain network fees (“gas fees”) associated with Transactions, which are not included in Web3Settle’s fees.

6. Non-Custodial Nature of Services

6.1. Web3Settle operates on a strictly non-custodial basis. We do not hold, control, or have access to Merchant or customer funds at any time.

6.2. Funds are held and controlled exclusively by the Merchant through their Smart Contracts and Private Keys.

6.3. Web3Settle is not a financial institution, money transmitter, payment institution, or custodian, and is not authorised or regulated by the Financial Conduct Authority (FCA) or any other regulatory body in relation to financial services.

6.4. Web3Settle has no ability to reverse, cancel, freeze, or modify any Transaction once it is initiated on the Blockchain.

7. Merchant Responsibilities

7.1. The Merchant is solely responsible for the security and confidentiality of their Private Keys, wallet credentials, and any other access mechanisms to their Smart Contracts or funds.

7.2. Web3Settle shall not be liable for any loss of funds or assets resulting from the compromise, loss, or theft of a Merchant’s Private Keys or credentials, as Web3Settle has no technical ability or authority to recover, reverse, or freeze such funds.

7.3. The Merchant is responsible for ensuring compliance with all applicable laws and regulations in relation to their use of the Services, including tax obligations and anti-money laundering requirements.

7.4. The Merchant acknowledges that Blockchain Transactions are irreversible and agrees to bear all risks associated with such Transactions.

8. Limitation of Liability

8.1. To the maximum extent permitted by law, Web3Settle shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to loss of profits, data, or funds, arising out of or in connection with the use of the Services.

8.2. Web3Settle’s total liability, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by the Merchant to Web3Settle in the preceding six (6) months.

8.3. Web3Settle shall not be liable for any loss or damage caused by factors beyond our reasonable control, including but not limited to Blockchain network failures, security breaches of third-party services, or regulatory changes.

9. Indemnification

9.1. The Merchant agrees to indemnify, defend, and hold harmless Web3Settle, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in connection with: (a) the Merchant’s use of the Services; (b) the Merchant’s breach of these Terms; or (c) any violation of applicable law by the Merchant.

10. Intellectual Property

10.1. All intellectual property rights in the Platform, Services, and related materials, including but not limited to software, trademarks, and content, are owned by or licensed to Web3Settle.

10.2. The Merchant is granted a limited, non-exclusive, non-transferable, revocable licence to use the Services for the purpose of accepting Blockchain payments in accordance with these Terms.

10.3. The Merchant shall not copy, modify, distribute, reverse-engineer, or otherwise exploit any part of the Services or Platform without prior written consent from Web3Settle.

11. Termination

11.1. Web3Settle may terminate or suspend the Merchant’s access to the Services at any time, with or without notice, for any reason, including but not limited to breach of these Terms or suspected fraudulent activity.

11.2. The Merchant may terminate their use of the Services by providing written notice to Web3Settle and ceasing to use the Platform.

11.3. Upon termination, the Merchant’s account will be deactivated, but any outstanding fees owed to Web3Settle shall remain payable.

11.4. Termination shall not affect the survival of provisions in these Terms that by their nature are intended to survive, including but not limited to Limitation of Liability, Indemnification, and Governing Law.

12. Disclaimers

12.1. The Services are provided on an “as is” and “as available” basis without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

12.2. Web3Settle does not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected.

12.3. Web3Settle offers no insurance, deposit protection, or guarantee against loss of funds or assets held in Smart Contracts or Blockchain wallets.

12.4. Web3Settle is not a financial advisor, broker, or custodian, and does not provide financial, legal, or tax advice. Merchants are solely responsible for seeking independent professional advice as necessary.

13. Governing Law

13.1. These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales.

14. Dispute Resolution

14.1. Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14.2. The Merchant irrevocably submits to the jurisdiction of such courts and waives any objection to proceedings in such courts on the grounds of venue or inconvenient forum.

15. Amendments

15.1. Web3Settle reserves the right to amend these Terms at any time by posting the revised Terms on the Platform.

15.2. Continued use of the Services following such amendments constitutes acceptance of the revised Terms. If the Merchant does not agree to the amended Terms, they must cease using the Services.

16. Severability

16.1. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

17. Entire Agreement

17.1. These Terms constitute the entire agreement between Web3Settle and the Merchant with respect to the use of the Services and supersede all prior agreements, understandings, or arrangements, whether written or oral, relating to such subject matter.