Terms and Conditions

1. Service Eligibility

You shall not use the Service unless you are in full compliance with these T&Cs and all applicable laws. 

Currently, we do not allow Users residing or present in the following jurisdictions to use the Service: the State of New York, the State of Washington, any jurisdiction sanctioned by the United States Treasury’s Office of Foreign Assets Control or any jurisdictions sanctioned by Switzerland (in particular as communicated, controlled and admistered by the State Secretariat for Economic Affairs) and/or by the United Nations (in particular the UN Security Council), or any other jurisdiction that we determine to present a high risk of fraud. You shall not use the Service if you reside or are present in one of the prohibited jurisdictions.

2. Acceptance of T&Cs

When using the P21's site, Users are deemed to have agreed to all the terms, conditions, use, and notices contained or referenced herein. By the Services, Users expressly represent and warrant the following: (a) Users have accepted these T&Cs; and (b) Users are at least 18 years of age and have the full capacity to accept these T&Cs and enter into a transaction.

3. Legally Binding Agreement

These T&Cs constitute a legally binding agreement between you and us. Please read these T&Cs carefully to ensure that you understand and agree to every portion of these T&Cs before using any part of the service. In particular, Payment21® only offers the software to interact with a blockchain (e.g. Bitcoin, Ethereum, Arbitrum, etc.) and related smart contracts. These blockchains and smart contracts are operated by third parties. Payment21® in no circumstances has influence or the power over a blockchain itself and its related smart contract functionalities. No additional services than the software for the interaction with a third party blockchain and related smart contracts are offered.

4. Contracting Parties

These “Terms & Conditions” (these “T&Cs” or “service terms” or the “Terms”) issued by Kaufmann DLT DBA “Payment21.com” or “Payment21® or “P21”, Bahnhofplatz 1, CH-9430 St. Margrethen SG, Switzerland (“we”, “our”, or “us”) govern your use or access of: (1) Payment21.com and any other website maintained or published by P21 (each, a “Website”); (2) our application, which allows access to a blockchain (e.g. Bitcoin, Ethereum, Arbitrum, etc.) and related smart contracts from a desktop computer or mobile device (“Dapp” or “App”); provided on or in connection with our service enabling you to interact with our Website, the Dapp or App, collectively, the “Service”. By accessing or using any part of the Service you acknowledge that you have read, understood, acknowledge, and agree to be bound by these T&Cs in full. These T&Cs apply to any visitor of a Website, user of the Service, and any other person who otherwise accesses or uses the Service (each a “User”). Certain parts of the Service may be subject to additional T&Cs that we may specify from time to time, and your use of such Service is subject to those additional T&Cs. 

5. Modification of Service & T&Cs 

Payment21® may modify or update any portion of the Service at any time. Payment21® may, in its sole discretion, modify or update these T&Cs from time to time, so you should review this page periodically. When we change these T&Cs in a material manner, we will update the date of this change on this page and inform the User timely in advance by an adequate notice of such changes in the Dapp or App and on the Website. If you do not agree to any such changes, you are entitled to stop using to the Service at any time prior to their entry into force. Your continued use of the Services after the changes entered into force constitutes your acceptance such the changes.

6. Investment Disclaimer

Payment21® does not endorse or recommend any particular digital asset (also known as “cryptocurrency” or “crypto asset”), transaction, or purchasing strategy. Content on any of the Websites or your communications with any of our personnel should not be construed as purchase or investment advice. You should seek independent advice prior to using the Service. You acknowledge and represent that all transaction decisions made in connection with your use of the Service are made solely by you and Payment21® will have no liability for any of your decisions. The risk of loss in swaping digital asset can be substantial, therefore you should carefully consider whether investing in a digital asset is suitable for you in light of your financial condition.

7. General Service Stablecoin Solution

Generally, the purpose of the Service is to allow Users to interact with a blockchains (e.g. Bitcoin, Ethereum, Arbitrum, etc.) and related smart contracts for decentralized swapping, or otherwise transferring a digital asset through a blockchain referred to as a “transaction”. Our DEX-Meta-Aggregator service (aka “Stablecoin Solution”) is non-custodial and based on third-party blockchains and related smart contracts, meaning Payment21® never takes control of the digital assets that interact with our e-commerce and e-invoicing gateway services, or of a blockchain or decentralized exchange (DEX such as Uniswap, Sushi, Curve etc.) or other third-party DeFi application (e.g. DEX aggregators such as 1inch) governing the transaction. The transaction is between you and a blockchain and related smart contracts, or DEX or other third-party DeFi application and governed by the T&Cs of the relevant blockchain and related smart contracts, or DEX or other third-party DeFi application. You may be charged by the relevant blockchain and related smart contracts, or DEX or other third-party DeFi application, a miner or network fee to process the transaction on your behalf. These fees are applicable to your transaction and shown to you in your Cryptocurreny Wallet (e.g. “MetaMask’) before your authorization of the transaction.

8. General Service License

Subject to your full compliance with these T&Cs, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service for entrepreneurial or business use only (as opposed to a use for personal, social, family, household and similar needs) and as permitted by the features of the Service, at and during the time your access or use of the Service (“Service License”). You shall not use any part of the Service for illegal or fraudulent purposes or for the purpose of consummating transactions on behalf of another person. For the avoidance of doubt, you must be the beneficial owner of the digital assets, and cryptographic addresses involved. Payment21® reserves all rights not expressly granted in these T&Cs. Payment21® may revoke the Service License or any portion of the Service at any time for any or no reason. For the avoidance of doubt, you may stop using our Services at any time for any or no reason.

9. Suspension or Termination of Service

You acknowledge that we may, without prior notice to you: suspend the Service; change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage or transaction limits on the Service. In particular, we may suspend, change or stop providing the Service in response to changed regulatory requirements or in case you used the Service in reasonably suspected or actual violation of these T&Cs. For the avoidance of doubt, you may stop using our Services at any time for any or no reason.

10. Third-Party Integrations

You acknowledge that our transaction Service is based on blockchains and related smart contracts operated by third-parties, or third-party DeFi applications according to its T&Cs and may contain links or integrations to other third-parties (i.e., not Payment21® or any of our affiliates) materials, services, or software that are not owned, controlled and/or offered by us but third parties, including, in particular, smart contracts (each, a “third-party service”). We do not offer; endorse or assume any responsibility for any third party-party service. If you access and/or use a third-party service from the services or share any content on or through such third-party service, you acknowledge that: you do so at your own risk; these T&Cs and our privacy policy do not apply to such third-party service; you may be required by such third-party to agree to certain additional T&Cs or create an account; and that certain third-party services may publish to a public blockchain information you send to such third-party. You shall not hold us liable for any damages you incur related to your use of any third-party service.

11. DEX Blockchain Transactions

Through our Dapp or App, we offer the ability to connect to a blockchain (e.g. Bitcoin, Ethereum, Arbitrum, etc.) and related smart contracts operated by third-parties that allows you to swap digital assets in a decentralized way. You expressly acknowledge that we do not control or maintain these blockchains and related smart contracts you may connect with through our Dapp or App, nor are we a party to any transaction on a blockchain and related smart contracts on our Service. You further acknowledge that we will have no liability for any interaction you have with a blockchain or DEX or other third-party DeFi application. Furthermore, you also acknowledge that we cannot reverse or refund any transaction that occurs on a blockchain or DEX or other third-party DeFi application. You acknowledge that prior to completing a swap on a blockchain or DEX or other third-party DeFi application you have the sole responsibility to conduct diligence on a blockchain or DEX or other third-party DeFi application, the assets being swapped, and the underlying smart contracts of a blockchain or DEX or other third-party DeFi application.

12. Disclaimer of Warranties

You acknowledge that the service is being provided by Payment21® “as is” and “as available” basis. Payment21® makes no warranty regarding the service or the Dapp or App and hereby expressly disclaims all express, implied and/or statutory warranties and/or guarantee, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. Payment21® does in particular not warrant and/or guarantee that: the service will meet your requirements or expectations; the service will be available uninterrupted or available at any particular time or location, secure, or error-free; any content provided to you in connection with the service will be accurate, reliable, or correct; any of the service’s defects or errors will be corrected; or that the service will be free of viruses or other harmful components. No advice or information, whether oral or written, obtained by you from Payment21® or through the service will create any warranty.

Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

Due to the disclaimers in this section, we strongly recommend that you only use the Dapp or App to swap small amounts of digital assets. If any issues arise in connection with the Service, Payment21® shall make reasonable efforts to resolve such issues, but you acknowledge that Payment21® will have no liability for any bugs, errors, or other problems that result in loss of your funds or digital assets. You acknowledge that the Service may contain more or fewer features or be licensed under different T&Cs than previous versions.

The disclaimers and exclusions under these T&Cs will not apply to the extent prohibited by applicable law. Certain laws and jurisdictions do not allow the exclusion and limitations of certain warranties, so the exclusions in this section may not apply to you. These T&Cs give you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.

13. Prohibited Export

No portion of the Service may be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the USA and/or Switzerland.

14. Partial Validity

If any provision of these T&Cs is determined to be wholly or partially not legally effective or not feasible or loses its legal validity or enforceability later, this shall not affect the validity of the remaining provisions. The same applies if it should turn out that the T&Cs include a loophole. Instead of the invalid or unenforceable provision or to fill the regulatory gap, a reasonable legal possible provision is to be found, which comes closest to what the parties intended or would have intended in meaning or purpose of the T&Cs if they had considered the matter at the time or at the time of a later insertion of a provision.

15. Jurisdiction

The T&Cs shall be governed in accordance with Swiss Law. User agrees to irrevocably submit to the exclusive jurisdiction of the Swiss Courts. Legal venue for all disputes resulting from this arrangement is in St. Gallen (SG), Switzerland.

16. Contact

If Users have any questions relating to these T&Cs, the User’s rights and obligations arising from these T&Cs, and/or User’s use of the Website and the services, or any other matter, please contact P21.

Effective Date: 17th of February, 2023