Cryptocurrency values can be highly volatile, and trading and holding cryptocurrencies can be extremely risky. Please carefully read the cryptocurrency risk disclosures before using this service.
These Stripe Fiat-to-Crypto Onramp Terms (the “Onramp Terms”) are a legal agreement between Stripe Payments Company (“us”, “our”, “we”, or together with Stripe, Inc, “Stripe”) and you, the person who uses Stripe’s funds transfer services (“Transfer Services”) to purchase cryptocurrency (“crypto”) from our cryptocurrency exchange provider (our “Exchange Provider”). With respect to your use of the Transfer Services to purchase crypto from our Exchange Provider, we are responsible solely for transmitting your payment to our Exchange Provider. We are not responsible for fulfilling your cryptocurrency order or transferring cryptocurrencies to you, and we are not a cryptocurrency exchange. At no time does Stripe hold or possess, even beneficially, the crypto being purchased. Our Exchange Provider is solely responsible for fulfilling your cryptocurrency order and transferring cryptocurrencies to you (the “Exchange Services”, together with the Transfer Services, the “Onramp Services”). To learn more about Stripe and its licenses, go here.
The Onramp Services (including the Exchange Services and Transfer Services) are End User Services. By accessing and using the Onramp Services, you agree to comply with all aspects of the Onramp Terms. You also agree to comply with the following additional agreements:
- Link End User Terms of Service (“Terms”)
- Link Account Terms (“Link Account Terms”)
- Stripe Arbitration Agreement
In the event of a conflict or inconsistency between a provision in these Onramp Terms and any of the other terms, the provisions in these Onramp Terms will govern. Capitalized terms that are not defined in context in these Onramp Terms have the meanings used in the Terms.
We may revise these Onramp Terms from time to time. We will use reasonable efforts to notify you of material changes to these Onramp Terms in advance of their effectiveness. The revised Onramp Terms will be effective on the date stated in the revised Onramp Terms. By using the Onramp Services after any revisions become effective, you agree to those changes. If you do not agree to any changes to these Onramp Terms, you must stop using the Onramp Services.
General Eligibility. If you wish to access the Onramp Services, you must create an account with Stripe (“Account”). This Account is only an account with Stripe, usable for the Onramp Services and other Stripe services. It is not an account with the Exchange Provider, and this Account cannot be used to access the Exchange Provider’s other crypto services directly. To open an Account and use the Onramp Services, you must be an individual and resident of the United States or one of its territories and at least 18 years old, or the age of majority in your state or territory of residence. We may establish additional eligibility criteria at our discretion. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. When creating your Account, we will ask for your full legal name, date of birth, phone number, address and any other identifying information we may require to open an Account. We may also ask for a driver's license or other identifying documents. If any of this information changes, it is your obligation to update such information. We may also require you to provide additional information as a condition for continued use of the Onramp Services. You represent and warrant that all information you provide to us in connection with the Onramp Services is complete and accurate.
When you create an Account, you are responsible for maintaining the security of your Account by protecting Account-linked devices and immediately notifying us if you discover or otherwise suspect any security breach related to your Account, receive an Account communication that you do not recognize, receive any security notification concerning your Account notifying you of an event that you do not recognize or if you discover or otherwise suspect any other unauthorized use of or access to your Account. You agree to cooperate fully in any investigation of a potential fraudulent event. You may only register one Account per user.
We reserve the right, at any time, in our sole discretion, to block access to the Onramp Services from certain IP addresses and unique device identifiers.
Permitted and Restricted Jurisdictions. Only users located in the United States or territories are eligible to use the Onramp Services. You may not use the Onramp Services if you are located in the state of Hawaii. We or our Exchange Provider may restrict use of the Onramp Services in additional states at any time. You must stop using the Onramp Services if located in the state of Hawaii after you begin using the Onramp Services. We or our Exchange Provider may restrict or terminate your use of the Onramp Services even if you were previously eligible to use the Onramp Services. You agree to notify us in advance of any changes to your state of residence.
Supported Crypto Assets. The term “Crypto Assets” means the particular digital assets that you may purchase from the Exchange Provider in connection with the Onramp Services. We may elect not to provide the Transfer Services with respect to a particular Crypto Asset, or our Exchange Provider may de-list a Crypto Asset, with the effect that such Crypto Asset will no longer be available from the Onramp Services, at any time and for any reason at our sole discretion.
Supported Payment Methods. You may use the Onramp Services to buy Crypto Assets from the Exchange Provider using the following funding sources:
- A bank account in your name linked to your Account;
- A debit card in your name linked to your Account; or
- A credit card.
When you use the Onramp Services, you agree that you have enough available funds in your selected funding source to complete your purchase. If we are not able to collect the required funds to complete your purchase from your selected funding source, you authorize us to:
- stop your purchase such that the Exchange Provider will not deliver the Crypto Assets in that transaction;
- debit any other funding source you have linked to your Account; and/or
- take any other action that we deem necessary to collect payment for your transaction, as allowed or required by relevant laws and regulations.
Crypto Wallet. To use the Onramp Services, you must have your own cryptocurrency wallet (a “Crypto Wallet”). You must provide your Crypto Wallet address through your Account in order to submit an order to purchase cryptocurrency from our Exchange Provider. Each time you submit a transaction, you promise us and our Exchange Provider that (i) the funds you are using to purchase the Crypto Assets belong to you and not any other person, and are not the direct or indirect proceeds of any criminal or fraudulent activity; (ii) you are the sole owner of the Crypto Wallet; and (iii) the Crypto Assets you are purchasing are for your own personal use. You may not use the Onramp Services to buy cryptocurrencies for business purposes, or on behalf of any other person or entity.
Purchase Order. To buy Crypto Assets, the Onramp Service will first show you the amount of Crypto Assets you would receive in exchange for the amount of money that you wish to spend. This price is based upon the market price for the relevant Crypto Asset, provided by the Exchange Provider, and includes a fee that Stripe will charge between the market price we receive from our Exchange Provider and the price displayed to you (the “spread”). Because of the spread, the price quote for Crypto Assets displayed to you may be different than what you pay on other platforms. For more information on the fees charged to you, please see the “Fees” section below.
Because the price of Crypto Assets fluctuates, the price provided by the Exchange Provider via the Onramp Service will only be valid for a limited time. If the price provided expires, you won’t be able to complete your transaction at that price. If you still want to buy Crypto Assets, the Exchange Provider will provide you with updated pricing information via the Onramp Service. Because Crypto Assets are inherently volatile, the updated price you see may vary significantly from a price that just expired. Once you confirm your transaction, we will transfer your funds to the Exchange Provider, and the Exchange Provider will execute your purchase of Crypto Assets (“Purchase Order”).
Stripe will act as your agent to: (i) transmit funds to our Exchange Provider on your behalf to pay the Purchase Order; and (ii) transmit instructions to our Exchange Provider for the Purchase Order. Stripe is not a cryptocurrency exchange; the Exchange Provider is solely responsible for fulfilling your Purchase Orders and delivering cryptocurrency to your wallet to complete your Purchase Order. Title to the Crypto Assets will pass directly from the Exchange Provider to you.
Once you confirm the transaction, you will not be able to reverse or cancel and we cannot assist you to reverse or modify any transactions. If we or the Exchange Provider cannot complete the transaction for any reason, we will notify you. Stripe and our Exchange Provider do not guarantee that any transaction you place will be filled. We and our Exchange Provider reserve the right to cancel any Purchase Order or part of a Purchase Order if such Purchase Order was placed during a scheduled or unscheduled downtime of the Onramp Services, if you have violated these Onramp Terms, or for any other reason.
Transaction Receipts. We will send you a receipt as well as a trade confirmation on behalf of the Exchange Provider when your Purchase Order is complete (“Transaction Receipt”). We will also provide a record of your transactions on behalf of the Exchange Provider (“Transaction History”). The Exchange Provider will maintain records of all Purchase Orders for a period of seven years or as otherwise required by law.
Fees. Stripe makes money when you use the Onramp Services. The amount that Stripe makes in fees and the exchange rate provided by the Exchange Provider may be different from what you would pay on other platforms. At the time you use the Onramp Services, we and the Exchange Provider will disclose to you the applicable exchange rate and the amount of fees (including service fees) that you will be charged for that transaction. For certain payment methods, your bank may also charge you its own fees, including overdraft or insufficient fund fees, if applicable. Stripe will not be responsible for any fees that may be charged to you by your bank.
Transaction Limits. We or our Exchange Provider may limit the value of individual transactions, or the aggregate value of multiple transactions in a specified time period, in connection with your use of Onramp Services. We or our Exchange Provider may also change the limits or apply higher limits in our respective sole discretion.
Taxes. Cryptocurrency transactions may be subject to tax, including withholding taxes, and reporting and documentation requirements. You acknowledge that tax laws relating to cryptocurrency transactions may be uncertain and that it is not Stripe or Exchange Partner’s responsibility to determine, calculate, report or remit any taxes owed by you arising from the use of Onramp Services. Stripe does not provide investment or tax advice; we strongly recommend you consult with legal and tax advisors.
You are responsible for timely complying with your tax reporting and other tax requirements related to the Onramp Services. Stripe, on behalf of Exchange Partner, will provide a Transaction History, which could be used in complying with your tax obligations imposed by relevant taxing authorities.
You agree Stripe is not responsible for assessing, collecting, reporting, or remitting any taxes for the Onramp Services provided under this Agreement; however, Stripe or the Exchange Partner may deduct or withhold any taxes that such party determines it is obligated to withhold under applicable law from any amounts payable to you as part of its Onramp Services, and payment to you as reduced by such deductions or withholdings will constitute full payment and settlement to you of such amounts.
Stripe or our Exchange Partner may need your information, including your identification and transaction details, to meet tax reporting, documentation, and related legal requirements. By accepting these Onramp Terms, you certify that you will provide any and all information needed for Stripe or our Exchange Partner to meet its tax reporting, documentation, and related legal requirements, the information you provide to Stripe is true and correct in all respects, and give us permission to provide any such necessary information to our Exchange Partners for their tax compliance, including any modifications or additions to any such existing applicable laws.
In addition to our termination rights under the Terms, we and our Exchange Provider have the right, at our sole discretion, to immediately suspend or terminate your use of the Onramp Services without prior notice, for reasons including, but not limited to: (i) we or our Exchange Provider suspect you to be in violation of any provision of these Onramp Terms, anti-money laundering and counter-terrorist financing laws, sanctions laws, or any applicable laws or regulations; (ii) we or our Exchange Provider are required to do so by law or by any regulatory authority, court order, facially valid subpoena or binding order of a government authority; (iii) we or our Exchange Provider suspect any suspicious or unauthorized activity related to your use of the Onramp Services; (iv) you no longer reside in a jurisdiction where Stripe or our Exchange Provider is authorized to provide the Onramp Services; or (v) you violate the Terms or any other agreement you have with us.
Mandatory Information Sharing; Compliance. You authorize us and our Exchange Provider to share your personal data with each other and any relevant regulatory bodies or tax authorities on an ongoing basis to meet our regulatory compliance and tax obligations. We and the Exchange Provider will monitor your use of the Onramp Services on an ongoing basis, as may be required by law or pursuant to our respective compliance policies and procedures. At any time, we or our Exchange Provider may require additional personal data from you as a condition to your continued access and use of the Onramp Services. During such time, we or our Exchange Provider may temporarily suspend your access to and use of the Onramp Services.
Potentially Fraudulent Activity. We will treat any actual or suspected unauthorized access or unauthorized activity associated with your use of the Onramp Services or your Crypto Wallet as potentially fraudulent (“Potentially Fraudulent Activity”). You agree to notify us immediately by contacting support if you become aware of or suspect any Potentially Fraudulent Activity. You must promptly report any Potentially Fraudulent Activity to legal authorities and provide us a copy of any relevant report subsequently prepared by such legal authorities. In the event of an investigation of any Potentially Fraudulent Activity, you must: (i) cooperate fully with the legal authorities, Exchange Provider, and Stripe in such investigation; (ii) complete any required affidavits promptly, accurately and thoroughly; and (iii) allow Stripe, Exchange Provider or any third party designated by us, to access your mobile device, computer, and network as may be relevant to such investigation. Your failure to cooperate in any such investigation may cause delays in regaining access to your use of the Onramp Services.
Cryptocurrency Risk Disclosures
By accessing and using the Exchange Services, you hereby represent and warrant that you understand that trading and holding cryptocurrencies can be extremely risky and that you have read and understand the Cryptocurrency Risk Disclosures and the additional disclosures provided by the Exchange Provider. Cryptocurrencies currently face an uncertain regulatory landscape in the United States and many foreign jurisdictions. In the United States, cryptocurrencies are not subject to federal regulatory oversight but may be regulated by one or more state regulatory bodies. In addition, many cryptocurrency derivatives are regulated by the CFTC, and the SEC has cautioned that many initial coin offerings are likely to fall within the definition of a security and subject to U.S. securities laws. One or more jurisdictions may, in the future, adopt laws, regulations or directives that affect cryptocurrency networks and their users. Such laws, regulations or directives may impact the price of cryptocurrencies and their acceptance by users, merchants and service providers.
Risks of Cryptocurrency Trading; No Financial Advice. You agree that: (i) you are solely responsible for any and all Purchase Orders placed through the Exchange Services; (ii) all Purchase Orders you submit are unsolicited by Stripe or by the Exchange Provider and based on your own investment decisions; (iii) you have not received and do not expect to receive any investment advice from Stripe, our Exchange Provider or any of our respective affiliates in connection with your Purchase Orders; (iv) neither Stripe nor our Exchange Provider accepts responsibility for, and will in no circumstances be liable to you in connection with, your Purchase Order decisions; (v) under no circumstances will your use of the Onramp Services be deemed to create a fiduciary relationship with Stripe or Exchange Provider, or a relationship that includes the provision or tendering of investment advice; (vi) neither Stripe nor Exchange Provider, nor any of our respective affiliates, employees, agents, principals, or representatives: (1) provides investment advice in connection with your use of the Onramp Services; (2) recommends any cryptocurrencies, or any action or inaction related to Purchase Orders; or (3) solicits your placement of any particular Purchase Order. Any research materials or similar information we make available to you through the Onramp Services are intended for informational and educational purposes only and do not constitute a recommendation by Stripe.
Remedies for Breach. You will be liable for all damages suffered by Stripe, our Exchange Provider and our respective Affiliates that result from your breach of these Onramp Terms. Stripe has sole discretion over what actions, if any, it takes in the event of such breach and may take such action without prior notice to you. The remedies for breach described in these Onramp Terms do not foreclose any other remedies that may be available to us at law or in equity. Any delay or failure by Stripe or our Exchange Provider to exercise any existing or future right, power, remedy or privilege related to these Onramp Terms or existing under any applicable statute or law (collectively, “Legal Rights”) will not be construed to be a waiver of such Legal Rights, nor to limit the exercise of such Legal Rights, nor will it preclude the further exercise of such Legal Rights, or the exercise of any other right, power, remedy or privilege.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS WITH STRIPE, CONTAINS CLASS ACTION AND JURY TRIAL WAIVERS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF ONRAMP TERMS SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.”
Scope of Arbitration Agreement. You agree that any and all disputes or claims that have arisen or may arise between you and Stripe or that relate in any way to the Transfer Services, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation, or any other legal theory, shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that you or we may assert claims in small claims court, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. This Arbitration Agreement is intended to be broadly interpreted.
IF YOU AGREE TO ARBITRATION WITH STRIPE, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, AND/OR PRIVATE ATTORNEY GENERAL LAWSUIT, WHETHER AS A NAMED OR UNNAMED CLAIMANT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST STRIPE IN AN INDIVIDUAL ARBITRATION PROCEEDING ONLY, NOT BEFORE A JUDGE OR JURY.
Informal Resolution. You and Stripe agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and Stripe therefore agree that, before either you or Stripe demands individual arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. If you are represented by counsel, your counsel may participate in the conference, but you shall also personally attend the conference. The party initiating the dispute must give notice to the other party in writing of its, his, or her intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Stripe that you intend to initiate an informal dispute resolution conference, email support, providing your name, telephone number associated with your Stripe Account (if any), the email address associated with your Stripe Account, and a description of your claim, including the amount of monetary relief (if any) you seek. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Compliance with theinformal dispute resolution conference, including your personal participation, is a requirement that must be fulfilled before commencing individual arbitration or small claims proceedings. The statute of limitations and any filing fee deadlines shall be tolled beginning from the date of written notice of a dispute and while the parties engage in the informal dispute resolution process required by this paragraph.
Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, as modified by this Arbitration Agreement. For all claims in which the value of the relief sought is $10,000 or less, the AAA’s Consumer Arbitration Rules, as modified by this Arbitration Agreement, shall apply without exception. For all other claims, the AAA’s rules, including, as applicable, the AAA’s Consumer Arbitration Rules, as modified by this Arbitration Agreement, shall apply. The AAA’s Consumer Arbitration Rules are available at https://www.adr.org/Rules. In the event that the AAA is unavailable to administer the arbitration, another administrator will be selected by the parties or by the court.
At the time of commencement of an individual arbitration proceeding, in addition to complying with the procedures in the Consumer Arbitration Rules, you must send a Demand for Arbitration by certified mail to:
Stripe, Attn: Legal Department, 354 Oyster Point Blvd, South San Francisco, CA, 94080
Stripe will send any Demand for Arbitration to you to the address we have on file associated with your Stripe Account; it is your responsibility to keep your address up to date. To be valid, the Demand for Arbitration must contain all information called for in the Demand for Arbitration form, including the email address and phone number associated with your Stripe Account, a description of the nature and basis of the claims you are asserting, and the specific relief sought. Mass, group, collective, or consolidated Notices of Dispute are not permitted. In addition, if you have asked an attorney to submit your Demand for Arbitration for you, the Notice also must include your signed statement authorizing us to disclose private information about you (such as your account records and transaction history) to your attorney if necessary in resolving your claim. Your privacy is important to us and protected by law.
The individual arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Stripe may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Stripe subject to the discretion of the arbitrator(s) to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Stripe may attend by telephone, unless the arbitrator(s) require(s) otherwise. Any settlement offer made by you or Stripe shall not be disclosed to the arbitrator(s).
Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees, including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitrator will decide the rights and liabilities, if any, of you and Stripe. Except as expressly agreed to in this Agreement, the arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award, on an individual basis, monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Arbitration Agreement, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall benefit and be binding among only the individual parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator(s) shall not be bound by rulings in prior arbitrations involving different Stripe customers, but is/are bound by rulings in prior arbitrations involving the same Stripe customer to the extent required by applicable law as if the matter had been litigated in a court in that jurisdiction. The arbitrator shall follow the applicable law. The arbitrator’s decision is final and binding on you and Stripe. In the event a monetary award is not paid within 60 days, judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Waiver of Jury Trial. YOU AND STRIPE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Stripe are instead electing to have claims and disputes resolved by arbitration, except as specified this Arbitration Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Waiver of Class or Consolidated Actions. EXCEPT AS EXPRESSLY AGREED TO IN THIS AGREEMENT, YOU AND STRIPE AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS EXCEPT AS SET FORTH IN THIS ARBITRATION AGREEMENT. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER EXCEPT AS SET FORTH IN THIS AGREEMENT. Subject to Stripe’s consent, this provision does not prevent you from participating in a class-wide settlement of claims against Stripe.
Opt Out. Within 30 days of first accepting the Terms of Service containing this Arbitration Agreement, you can choose to reject this Arbitration Agreement by mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept this Arbitration Agreement for the first time. You must mail the opt-out notice to:
Stripe, Attn: Legal Department, 354 Oyster Point Blvd, South San Francisco, CA, 94080
The opt-out notice must include your name, address, phone number, and the email address(es) used to log in to the Stripe Account to which the opt-out applies, and can only be submitted on behalf of yourself. Mass, group, collective, or consolidated opt-outs are not permitted. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of the Onramp Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have or may enter into with us. If you do not opt out of this Arbitration Agreement, but reject a future change to arbitration provisions, you agree that you will individually arbitrate any dispute in accordance with the language of this version of the Arbitration Agreement.
Severability and Survival: If, after exhaustion of all appeals, any of these prohibitions on non-individualized relief, class, collective, representative, private attorney general, or consolidated relief is found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for public injunctive relief), then the parties agree that such a claim or request for relief shall be decided by a court after all other claims and requests for relief are arbitrated. This Arbitration Agreement survives any termination of the Transfer Services and/or Onramp Services.
Limitation of Liability
Your use of the Onramp Services is provided by our Exchange Provider, Stripe and our respective affiliates and their service providers on an “as is” and “as available” basis and without warranty of any kind, to the maximum extent permitted by applicable law. Stripe and our exchange provider disclaim all warranties, including, without limitation, any implied warranties, including, without limitation, any implied warranties of merchantability and fitness for a particular purpose. There is no warranty that any of the onramp services or any data or other information provided to you by Stripe, our exchange provider or our respective affiliates will fulfill any particular purposes or needs. There is no warranty that the Onramp Services will be error free, uninterrupted, timely reliable, complete or accurate.
Except where applicable laws restrict our ability to disclaim or limit our liability, none of Stripe, our Exchange Provider or our respective Affiliates will be liable to you for any losses arising out of, related to or resulting from your use of the Onramp Services, except to the extent and only to the extent that your losses are actual or are as a result of an unauthorized transaction. You agree to notify us promptly in the event that you believe that an electronic fund transfer has been made without permission. None of Stripe, our Exchange Provider or our respective Affiliates will be responsible for losses or have any other liability to you arising out of or resulting from downtime, conversion of property, government actions, force majeure events, or any other causes over which neither Stripe nor our Exchange Provider have direct control. Further, none of Stripe, our Exchange Provider or our respective Affiliates will be liable for any indirect, special, incidental, punitive, consequential or exemplary damages related to your use of the Onramp Services.
If we do not complete a transfer from your account on time or in the correct amount according to our agreement with you, Stripe will be liable for resulting losses or damages, with certain exceptions. We will not be liable, for instance: (i) if, through no fault of ours, you do not have enough money in your account to make the transfer; (ii) if circumstances beyond our control prevent the transfer, despite reasonable precautions that we have taken; or (iii) other exceptions enumerated above.
Transactions are subject to applicable laws, regulations, and rules of federal and state governmental and regulatory authorities (collectively, “Applicable Laws”). For this purpose, Applicable Laws includes any guidance or direction of any regulatory authority or government agency, any writ of attachment, lien, levy, subpoena, warrant, or other legal order (collectively, “Legal Orders”).
In no event will Stripe or Exchange Provider be obligated to effect any transaction that it believes would violate any Applicable Law. Neither Stripe nor Exchange Provider is responsible for any direct or indirect losses that you may incur as a result of Stripe’s and our Exchange Partner’s good faith efforts to comply with any Applicable Law, including any Legal Order.
Stripe is required to maintain licenses in certain states to provide the Transfer Services, and the Exchange Provider is required to maintain licenses in certain states to provide the Exchange Services. These license requirements may impact Stripe or Exchange Provider’s provision, and your use, of certain Onramp Services depending on where you live and which entity is providing the service.
Stripe and our Exchange Provider are registered with the U.S. Department of Treasury Financial Crimes Enforcement Network (“FinCEN”) as money services businesses (“MSB”). As registered MSBs, Stripe and our Exchange Provider are subject to the Bank Secrecy Act and its implementing regulations (collectively, the “BSA”) which sets out the requirements imposed upon financial institutions to implement policies and procedures reasonably designed to detect and prevent money laundering and terrorist financing. Your access to and use of the Onramp Services is subject to compliance with Stripe’s and our Exchange Provider’s respective AML Programs.
No Insurance or Government Guarantee.
Neither Stripe nor our Exchange Provider is a registered broker-dealer or a member of the Financial Industry Regulatory Authority (“FINRA”) or the Securities Investor Protection Corporation (“SIPC”). Your funds and cryptocurrency purchases are not protected by the Federal Deposit Insurance Corporation (“FDIC”), SIPC, or any other insurance and are not guaranteed by any governmental agency.
A list of Stripe’s licenses and corresponding required disclosures, and methods for filing complaints with the applicable state regulator can be found at https://stripe.com/spc/licenses, which are incorporated by reference. If you have any questions about the Stripe disclosures, contact support before using the Transfer Services.