Last Updated: 2025/11/08

1. Overview

Moneda is a technical service provider and provides a non-custodial wallet interface for managing stablecoins and accessing third-party decentralised finance (”DeFi”) protocols for yield generation. The Services may offer you the ability to connect to an interface for managing digital assets such as but not limited to USD and EUR stablecoins (collectively “Assets”) and to a stablecoin earnings account, each powered by third-party services in accordance with the terms of the relevant provider.

Moneda does not provide regulated financial or custodial services. Moneda does not directly or indirectly manage, control, or hold User Assets, nor does it facilitate interaction with third-party custodial services. All Wallets and transactions, including interactions with DeFi protocols, are fully self-custodial, meaning Users have full control and responsibility with respect to their Assets and credentials. As a consequence, all transactions and interactions do not happen between you and Moneda but directly between you and the relevant blockchain network, without Moneda being able to control, modify or revert these interactions. Only you will hold the account authentication credentials, including but not limited to passkeys, cryptographic private keys, and recovery phrases (collectively ”Credentials”) and will be able to access your wallet. Please read the following terms carefully, i.e., the notices under Clause 4.2 and 12.

2. Eligibility

To use the Services, you must:

• be a natural person with full legal capacity and with an age of at least 18 years;
• have your permanent residence in a country where we offer the Services;
• not be barred from using the Services under applicable laws;
• agree to comply with these Terms and all relevant local and international regulations which apply to your use of self-custody wallets and decentralised financial services; and
• provide any information which is required by Moneda and/or any third party, whose services you or Moneda may use in connection with the Services, including information necessary for identity verification when requested.

By accepting these Terms you represent that you fulfill and will fulfill all requirements listed above at all times during your use of the Services.

3. About the Services

1. Technical Solution: The Services facilitate technical access to third-party services to wallets and blockchain networks, which enable Users to effectively manage certain crypto assets. The Services further provide a non-custodial key management solution leveraging passkey technology that supports your ability to securely decrypt and sign data using proprietary API technology.
2. Moneda Account: To access certain features of the Services, you will need to create a Moneda account. You shall provide Moneda and any third-party service providers which you or Moneda may use in connection with the Services with accurate, complete and current information and keep this information up to date. You are responsible for all activities that occur under your account.
3. Wallets: Use of the Services requires you to create a single or multiple digital wallets (collectively “Wallets”), which allow you to acquire, store, and engage in transactions using supported Assets. Moneda is not able to access or to control, and not able to restore the keys to access or restore, any User Wallet and/or any Assets included in such Wallet.
4. Electronic Money Tokens (EMTs): The Moneda app displays balances of USDC and EURC in their corresponding value in “USD” or “EUR”. USDC and EURC are electronic money tokens (“EMTs”) which are issued and maintained by their issuers in accordance with the EU Markets in Crypto-Assets Regulation (MiCA). These EMTs are denominated in fiat currency and must be backed by reserves in accordance with regulatory requirements, but they do not form fiat money and are not covered by any deposit guarantee scheme or a state guarantee under EU or national law.
5. Unregulated Services: Moneda is not regulated and does not act as a bank, broker, financial institution, credit institution, electronic money institution (EMI), financial service provider or Crypto Asset Service Provider (CASP) and does not issue, redeem, or hold custody of any Assets on behalf of Users. Instead, the Services provide non-custodial access and smart contract-based Software as a Service (SaaS) infrastructure that enables Users to interact with Assets in a self-custodial manner.
6. Regulated Third-Party Services: Although Moneda itself is not regulated, the Services may facilitate your access to regulated third-party service providers, subject to your acceptance of those providers’ terms. Regulated services may, inter alia, be provided by electronic money institutions and may include payments, cards and cryptocurrency-related services. In particular, Moneda integrates with Iron, a licensed financial partner that provides regulated fiat account and payment services (such as virtual IBAN accounts and automated fiat on/off-ramp transactions). Access to these features requires you to successfully complete identity verification through our KYC provider Sumsub and to accept Iron’s own Terms of Service, which will be presented to you. Once you pass KYC and accept Iron’s terms, you enter into a direct customer relationship with Iron for the provision of those regulated services. Moneda serves only as the user interface and facilitator for Iron’s services, and Moneda does not itself provide banking, e-money, or fiat conversion services. We are not responsible or liable for any services provided by Iron or any other third party under a separate contract.
7. Blockchain Transactions: All cryptocurrency- related transactions are directly initiated by the Users and conducted on blockchain networks (collectively ”Networks”). This means that all interactions, which are related to your Wallet, are taking place directly between your Wallet and the Network. Moneda does not act as a messenger or representative in respect of your transactions and Network interactions and cannot control or modify these interactions. You should note that blockchain transactions cannot be amended, reversed or withdrawn. For the avoidance of doubt, Moneda does not buy, sell, or take custody or possession of any Assets at any time, nor does it act as a broker, agent, messenger or custodian for any User. If you elect to exchange any Assets, any transactions that you engage in will be conducted solely through the Network governing the Asset. You will be required to make or receive payments exclusively through the Wallets that you have.
8. No Responsibility or Control: Moneda has no control over your Wallets, and any payments or cryptocurrency transactions in this respect, nor does it have the ability to correct or reverse any payments or transactions (see also para. 7, above). Any information on payments and cryptocurrencies is retrieved from the relevant third-party provider and/or the relevant public blockchain. Accordingly, Moneda does not assume any responsibility or liability to you or to any third party for any claims or damages that may arise as a result of any transactions or Network interactions that you engage in via the Services, and any information that is displayed on the Moneda app with respect to such transactions.

4. Account and Access

4.1. Account Creation

To access the Service, you must create an account. You are responsible for:

• Safeguarding Your Credentials: Maintaining the confidentiality of your account login credentials and any associated Wallet or Credentials. You must take all appropriate precautions to ensure that your username, password, or any other Credentials are not obtained by any unauthorized party.
• Providing Accurate Information: Ensuring that all information you provide to us (or to any third-party service provider during account setup or use of the Services) is truthful, accurate, and up-to-date at all times. This includes promptly updating any personal details or contact information if they change.

You must not allow any other person to use your Moneda account or Wallet, and you may not share access or control of your account/Wallet with others. Moneda employees will never ask you for your password, private keys, or other Credentials. You should never share such access information or approve unknown third-party access (for example, via screen sharing or installing untrusted software claiming to be an “investment tool”). Such requests are likely fraudulent. If you receive any request to reveal Credentials or to grant remote access to your device/account, notify Moneda immediately, as granting control to a bad actor may result in irreversible loss of Assets.

Due to the anonymous and irreversible nature of blockchain transactions, if you grant a third party access to your Moneda account or linked Wallets, you may irretrievably lose control of the Assets in those Wallets. Moneda is not liable for any losses resulting from unauthorized access to your account or Wallets, unless such access was directly caused by Moneda’s breach of its obligations.

4.2 Self-Custodial Service

Moneda operates as a self-custodial service. This means:

• Moneda does not record, hold or manage Users’ private keys or passkeys.
• You, as the User, are solely responsible for safeguarding Credentials and devices to access the Service.
• All Assets linked to your account are under your direct control and not held by Moneda. Moneda does not have access and cannot recover lost wallets or funds from Users.
• Any Credential recovery or social recovery feature we provide access to within the Services (”Self Custodial Recovery”) are mechanisms controlled by your account on the blockchain, both of which we don’t have any influence over once you have set it up. Moneda does not act as a recoverer and does not offer recovery services. The Self Custodial Recovery functionality allows you to determine your own recovery setup and nominate anyone, including yourself, as a recoverer or guardian (”Recovery Contact”). A Recovery Contact can start the recovery process or after you request a recovery of your Credential. Please note that we are not responsible for notifying you of this process. Furthermore, the Company reserves the right to cease the access to the Self Custodial Recovery feature as part of the Services taking the User’s reasonable interests into account and providing due notification.
• Moneda explicitly draws your attention to the fact that neither Moneda nor any other third party (other than any any Recovery Contact you designate within a social recovery scheme) can restore your Wallet Credentials if lost. You may be required to re-enter Credentials (e.g., passkeys or secret phrases) if you change devices, reinstall the app, or reset your device. If you lose your Credentials (and have no effective recovery mechanism in place), you will likely lose access to your Wallets and the Assets in them. Losing your Credentials is effectively equivalent to losing your Assets.

4.3 Identity Verification (KYC)

Certain features of the Service are subject to anti-money laundering (”AML”)and other regulations that require us to verify your identity via Know Your Customer (”KYC”) checks before offering those features. If you wish to access fiat-related services, such as converting between fiat currency and digital assets (fiat on-ramp or off-ramp) or obtaining a virtual account, you must complete our KYC process through our third-party identity verification provider, Sumsub. By initiating KYC, you agree to provide accurate and current personal information and any required documentation (e.g. government ID, proof of address, selfie) and you authorize Moneda and Sumsub to collect and process this information for identity verification and compliance purposes.

If you fail to complete KYC, or if we cannot successfully verify your identity to the standards required by us or our partners, you will not be granted access to the regulated features. In addition, providing false, misleading, or incomplete information during KYC is a violation of these Terms and may result in suspension or termination of your Moneda account. Moneda reserves the right to restrict or terminate your access to Services (in whole or in part) if identity verification is not completed satisfactorily, if we suspect fraud or illegal conduct, or as required to comply with our legal obligations (see also Section 13.2).

4.4 Third-Party Financial Services (Iron)

Moneda partners with Iron to offer certain integrated financial features (for example, virtual EUR/USD bank accounts and fiat conversion services) within the Moneda app. These features are provided directly by Iron (or its affiliated regulated financial institutions), not by Moneda. When you opt to use such a feature, you will be prompted to accept Iron’s Terms of Service, which will form a separate agreement between you and Iron governing those services. Upon successful KYC (see 4.3 above) and acceptance of Iron’s terms, Iron will create any required accounts (e.g. a virtual IBAN account) in your name and you will become a direct customer of Iron for the purposes of those fiat services.

Moneda’s role in this arrangement is limited to facilitating your interaction with Iron through our user interface and APIs. Moneda is not a party to your contract with Iron, and Moneda does not assume responsibility for Iron’s services or performance. Any virtual account, payment, or transaction provided via Iron is ultimately between you and Iron (and/or Iron’s affiliated regulated providers). Accordingly, Moneda is not responsible or liable for any acts or omissions of Iron, or for any obligations or liabilities arising from your use of Iron’s services.

Disputes or issues related to Iron’s services (including account errors, delayed transfers, etc.) should be directed to Iron and will be governed by Iron’s terms and policies. Using Iron’s services through Moneda does not change the legal obligations, jurisdiction, or protections that apply to your use of Moneda’s Services under these Terms. Moneda’s Terms (and German/EU law – see Section 19) continue to apply to your use of the Moneda app itself, while your separate agreement with Iron is governed by Iron’s terms (which may specify a different governing law for that agreement).

5. Your Responsibilities

5.1 Use of the Service

You are responsible for all activities that occur in connection with your use of the Service, regardless of whether the activities are authorized by you or undertaken by a third party (including contractors, agents, or other end users). Moneda and its affiliates are not responsible for unauthorized access to the Services, including any access resulting from phishing, fraud, or other criminal activities, unless such access was directly and solely caused by Moneda’s fault.

You must ensure that your use of the Service complies with all applicable laws and regulations.

5.2 Security Responsibility and Backup

You are responsible for securing your authentication credentials, devices, and account. Moneda is not liable for any loss resulting from unauthorized access to your account or failure to properly safeguard your Assets, unless the unauthorized access was directly and solely caused by Moneda’s fault.

Your own responsibility includes:

• Configuring and using the Services securely and in full understanding of the associated risks;
• Securing and protecting your account Credentials;
• Regularly backing up any Credentials, data, or information necessary to restore access to your Wallet and accounts; and
• Ensuring that security updates, software updates, or upgrades to the Services and on any devices which you use to access the Services are promptly installed. This includes but is not limited to operating systems, browsers, security software, and applications used in connection with the Service.

Moneda does not store or recover Credentials. If you lose this information, your access to the Service and your assets may be permanently compromised. Moneda is not liable for any loss resulting from your failure to secure your credentials or backup your information. In addition, Moneda assumes no liability for any damage or unauthorized access resulting from your failure to implement required updates or security measures, or from any third party gaining access to your device or Credentials.

5.3 Compliance with KYC/AML and Laws

You agree that you will not use the Services for any unlawful purpose, and you will provide all information and cooperation necessary for Moneda to comply with its legal obligations. This includes promptly completing any additional identity or background verification steps that we may reasonably request from time to time in order to meet our obligations under anti-money laundering (AML), counter-terrorist financing (CTF), sanctions, or other laws. Failure to do so may result in restriction or termination of your access to the Services (see Section 13.2).

6. Prohibited Uses

You agree not to use the Service if you:

• engage in or intend to use funds resulting from any illegal activities, including but not limited to money laundering, fraud, or financing terrorism;
• attempting to evade or circumvent KYC/AML requirements, regulatory compliance requirements or facilitate activities prohibited by local or international law;
• intend to interfere with, disrupt, or attempt to gain unauthorized access to the Service’s operations, systems, or other users' accounts;
• attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
• Are a resident, national, or agent of Cuba, Iran, North Korea, Syria, Belarus, Russia, and the Crimea, Luhansk, Donetsk, Zaporizhzhia, and Kherson regions of Ukraine, or any other country or jurisdiction to which the United States, the United Nations Security Council, or the European Union embargoes goods or imposes similar sanctions (collectively, “Restricted Territories”);
• are a member of any sanctions list or equivalent established by the European Union, the United Kingdom, United States, the United Nations Security Council, or (collectively, “Restricted Persons”), or intend to transact any assets with any Restricted Person. Users should refer to the updated list of sanctioned countries provided by the US Office of Foreign Assets Control (OFAC), HMT Sanctions List, and other applicable sanctions maintained by international regulatory bodies such as the EU and UN;
• Participate in activities that exploit or aim to exploit vulnerabilities or weaknesses in third-party applications connected through Moneda;
• engage in spam, including mass messaging, unsolicited promotions, or fraudulent advertising using Moneda’s communication features;
• interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• perform address poisoning, including sending small amounts of cryptocurrency or Assets to deceive users into interacting with fraudulent addresses;
• engage in wash trading or other deceptive or manipulative trading activities;
• fabricate in any way any transaction or process related thereto; or
• conduct scams, such as phishing, impersonation, "rug pulls", Sybil attacks, or other deceptive practices aimed at misleading users or compromising their security.

Moneda reserves the right to terminate accounts or restrict access for users engaged in any of these prohibited uses.

7. No Advice

Moneda does not provide any form of financial, investment, tax, technical or legal advice, nor does Moneda broker any trades or financial instruments to you or on your behalf. You should consult your legal, tax or other professional advisor in your jurisdiction regarding your specific situation. Moneda may provide educational information about supported Assets, as well as other digital currencies. Information may include, but is not limited to, blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided on this website, the Moneda app, or any third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not rely on any such content nor treat any of the content as professional advice or a personal recommendation.

8. Fees and Payments

Moneda may charge fees for certain features or services. Any fees will be clearly disclosed in the App before use. All transactions involving fiat or cryptocurrencies (including stablecoins) are final and non-refundable.

The use of certain third-party services accessible through Moneda may also be subject to transaction fees or other fees charged by those third-party providers. Moneda reserves the right to charge additional fees for the facilitated access it provides to such third-party services ("Service Fees"). Service Fees may either be charged directly to you or included in the third-party fees and paid by the third party to Moneda on your behalf. All applicable fees will be disclosed prior to usage. Any changes to applicable fees charged by Moneda require your prior consent, which can be granted via the Moneda app. Please note that Blockchain transactions may be subject to additional fees which are directly deducted by the Network.

9. Third-Party Services and Feedback

9.1 Third-Party Services

Moneda enables interaction with third-party decentralized applications relying on smart contracts (”dApps”), or services. Any interaction with dApps is directly authorized by yourself at your own responsibility and your own risk. By interacting with dApps you accept that Moneda is not responsible or liable to you for any:

• actions or inactions of dApps or third-party providers; and/or
• losses incurred through third parties, including those caused by security vulnerabilities, hacks, or other incidents impacting the third-party applications or dApps.

Some third-party services may collect or process your personal data. The processing of such data will be handled in accordance with the relevant third-party provider’s privacy policy, local regulations, and best practices.

Users are solely responsible for assessing the security and reliability of third-party services and applications they choose to interact with through Moneda.

10. Intellectual Property

Moneda retains ownership of all intellectual property rights in the Services, including any future developments thereof. This includes, but is not limited to, rights in the underlying technology, designs, App interfaces, backend systems, source and object code, trademarks, trade names, logos, as well as the entire system infrastructure, and all associated intellectual property. All such components are protected by copyright, trademark law, design rights, and other intellectual property laws. Any use is only permitted within the scope of rights expressly granted.

Users may not reproduce, distribute, or modify Moneda’s intellectual property without prior written consent, except where such use is expressly permitted under open-source licenses or developer APIs designated by Moneda.

11. Privacy and Data Protection

11.1 User Data

Moneda processes personal data in compliance with GDPR, relying on legal bases such as User’s consent, legitimate interest, contract performance, and compliance with legal obligations, as applicable and other relevant regulations. For details, please refer to our Privacy Policy.

11.2 Blockchain Data

Certain transactions and interactions may be recorded on public blockchains. You acknowledge that blockchain data is immutable and beyond Moneda’s control.

12. Disclaimers and Risks

12.1 Disclaimer

The Service is provided "as is" and "as available." Except to the extent prohibited by law, or to the extent any statutory rights apply that cannot be excluded, limited, or waived, Moneda and its affiliates and licensors:

• Make no representations or warranties of any kind, whether express, implied, statutory, or otherwise, regarding the Service, third-party content, or third-party services.
• Disclaim all warranties, including any implied or express warranties:
  • Of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment. Users will be notified through the app, email, or public communication channels if any known service change is expected to materially degrade performance or availability, where commercially reasonable.
  • Arising out of any course of dealing or usage of trade.
  • That the Service, third-party content, or third-party services will be uninterrupted, error-free, or free of harmful components.
  • That any content will be secure or not otherwise lost or altered.

You acknowledge and agree that you have not relied and are not relying upon any representation or warranty from Moneda that is not expressly stated in these Terms or a separate written agreement, and you agree not to take a position inconsistent with this provision in any proceeding.

12.2 Risks

The Service relies on emerging technologies, such as blockchain and cryptographic systems, which carry inherent risks. By using the Service, you explicitly acknowledge and accept these risks, including:

• risks associated with self-custody wallets, including but not limited to loss of access due to mismanagement of passkeys, private keys or secret recovery phrases (see also Clause 4.2);
• increased risks from misuse of passkeys, public/private key cryptography or failure to properly update software to accommodate blockchain protocol changes;
• irreversible blockchain transactions and potential loss of Assets due to human error, software bugs, or vulnerabilities in dApps or Networks; and
• regulatory changes outside Moneda’s control, which may impact the availability or functionality of certain features or services.

Moneda does not operate or control blockchain protocols, smart contracts, or other third-party services. You agree that Moneda is not responsible for:

• the functioning or security or technical upgrades of any dApps or supported Networks;
• any third-party application, service, token or Asset you interact with using the Service, including risks from fraudulent representations or social engineering scams; and
• Costs, market volatility, or transaction delays inherent to blockchain Networks.

It is your responsibility to:

• securely store your Credentials;
• understand and evaluate the risks of using third-party dApps and Assets;
• maintain technical and financial knowledge to manage your interactions with decentralized financial systems; and
• consult with a tax or accounting advisor regarding potential tax obligations arising from blockchain-related activities.

While Moneda may perform preliminary reviews of third-party applications or tokens integrated into the Service, such reviews are not comprehensive security audits or endorsements. Moneda disclaims any responsibility for verifying the safety, security, or legitimacy of third-party applications, services, or tokens. You expressly assume full responsibility for all risks associated with using the Service to interact with blockchain protocols and third-party offerings.

13. Term and Termination

13.1 Term

For paid features or subscriptions, the term of this Agreement will commence on the Effective Date and remain in effect until terminated as provided below or by separate written agreement. For free features, this Agreement will remain in effect until you stop accessing or using the Service.

13.2 Termination

Termination by You: If you wish to terminate this Agreement, you may do so at any time by ceasing all use of the Services and, if applicable, by following Moneda’s account closure procedures (for example, by withdrawing any remaining Assets from your Wallets and contacting support to deactivate your account, if an account exists).

Termination or Suspension by Moneda (for Convenience): Moneda reserves the right to terminate the Services or your access to the Services for convenience with reasonable notice. If you are using only free features, we may terminate your access at any time by providing notice (e.g., via email or in-app notification) or by disabling the Services. If you are using a paid feature, we will make commercially reasonable efforts to give you at least 30 days’ prior notice of termination for convenience, when feasible.

Termination or Suspension by Moneda (for Cause): Moneda may immediately suspend or terminate your access (in whole or in part) without prior notice if we, in our sole discretion, determine that: (i) you have violated these Terms or engaged in any prohibited use or illegal activity; (ii) you have provided false, misleading, or incomplete information to us, including as part of any KYC/identity verification process; (iii) you fail to comply with any applicable legal requirements or we have reason to believe your use of the Services is no longer in compliance with law (for example, if you become a resident of a Restricted Territory or are placed on a sanctions list); or (iv) it becomes necessary to do so at the request of a regulatory authority or our third-party partners (for example, if a regulated partner like Iron instructs Moneda to suspend your access due to a violation of Iron’s terms or for compliance reasons).

13.3 Effect of Termination

Upon the termination date:

(i) all rights granted under these Terms will immediately terminate;

(ii) your access to the Services will terminate and any contractual relationship with third Parties, which you have entered as part of the Services, will be terminated, too;

(iii) each party remains responsible for fees and charges incurred through the termination date and any fees during a post-termination period as applicable;

(iv) the terms of this Agreement will survive termination as necessary to address disputes, enforce rights, and govern any post-termination use of the Service.

For any use of the Service after termination, these Terms will continue to apply, and if under a paid feature, applicable fees will be charged accordingly.

Please note that the Wallet, which you create as part of the Services, does not cease to exist upon termination and can still be accessed by compatible non-custodial tools or software, provided you retain your Credentials. Moneda does not warrant that your access to the Wallet will be technically possible via third-party tools and is not obliged to enable or support third-party access. To avoid any potential loss or delay in accessing your cryptocurrency, please make sure that you transfer all cryptocurrency amounts from your Wallet before any termination becomes effective. For the avoidance of doubt, any access to your Wallet requires your Credentials which Moneda can neither access nor restore in case of loss.

13.4 Suspension of Accounts

Moneda reserves the right to suspend or terminate your access to the Services if there is reasonable suspicion that you:

• violate these Terms;
• engage in activities that pose significant financial, operational, or reputational risks to Moneda or its users, including but not limited to: exploiting system vulnerabilities, facilitating widespread user harm, inciting regulatory scrutiny, disrupting service availability, or damaging Moneda's brand integrity;
• have provided false information with respect to your identity or in other material respects; or
• are conflict with any regulated third-party terms or if a regulated third-party provider, whose services are accessible via your Wallet or via Moneda has instructed Moneda to block your account.

14. Regulatory Compliance

Moneda uses best efforts to operate in compliance with applicable laws in Germany and in the EU, including but not limited to the Markets in Crypto-Assets Regulation (MiCA), the EU General Data Protection Regulation (GDPR).

Users are responsible for understanding and complying with their local laws when using the Services.

15. Notice

15.1 Notice to You

We may provide any notice to you under this Agreement by sending a message to the email address associated with your account.

15.2 Notice to Us

To give us notice under this Agreement, you must contact us by email at legal@moneda.com.

15.3 Assignment

You must not assign your rights or obligations under these Terms in whole or in part to any third party. You acknowledge and agree that Moneda may assign its rights and obligations under these Terms and, in such context, share or transfer information provided by you while using the Service to a third party. We will comply with statutory notification and consent requirements in case of a full transfer of this Agreement to a third party.

15.4 No Waivers

Failure to enforce any provision of these Terms does not constitute a waiver. All waivers must be in writing to be effective.

15.5 Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect. Invalid provisions will be interpreted to align with the intent of the original provision as closely as possible. If this is not feasible, the invalid portion will be severed, and the rest of the Terms will remain effective.

16. Changes

16.1 Changes to the Service

We may change or discontinue any part of the Service or modify functionality from time to time. We will use commercially reasonable efforts to communicate any discontinuation of the Service through the website, app, or other public communication channels. If you are using a paid feature, we will make commercially reasonable efforts to notify you at least 30 days in advance of such changes, and we will aim to support the feature for up to three months after discontinuation unless doing so would:

• pose a security or intellectual property risk,
• be economically or technically burdensome, or
• Create an undue risk of violating any applicable law or regulation.

16.5 Changes to the Terms

We reserve the right to modify or replace these Terms at any time. It is your responsibility to check these Terms periodically for updates. We will use commercially reasonable efforts to communicate material changes through the website, app, email, or other public communication channels. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

Amendments to these Terms and Conditions which impose (additional) payment obligations or have otherwise negative legal or commercial consequences to you will be made subject to your explicit consent, which can be granted by the Moneda app. If you do not consent to a proposed amendment, we reserve the right (i) to stop providing all or parts of our Services to you and/or (ii) to terminate the contract with you, if you have been advised on such consequences together with the proposed change.

17. Miscellaneous

17.1 Feedback

We welcome feedback, comments, ideas, and suggestions for improvements to the Service (“Feedback”). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

17.2 Force Majeure

Neither party nor their respective affiliates will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond such party’s reasonable control, including but not limited to unexpected meteor showers, utilities or other telecommunications failures (e.g., by solar flares), cyber-attacks (whether or not backed by governments), earthquakes, storms or other elements of nature, pandemics, blockages, embargoes, riots, acts or orders of government, acts of terrorism, seizure of power by an authoritarian government, military coups, or acts of war. In the event such a force majeure circumstance materially affects the availability or performance of the Service, Moneda will use commercially reasonable efforts to notify Users through public communication channels or registered email addresses as soon as practicable.

18. Limitation of Liability

18.1 Limitation of Amount

WITH THE EXCEPTION OF CLAIMS RELATING TO A BREACH OF OUR PROPRIETARY RIGHTS OR INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MONEDA, INCLUDING ITS AFFILIATES, ARISING OUT OF OR RELATED TO THESE TERMS (REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM NEGLIGENCE OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. IF NO FEES HAVE BEEN PAID, MONEDA’S LIABILITY SHALL NOT EXCEED €5,000. THIS LIMITATION APPLIES TO BOTH CONTRACTUAL AND TORT CLAIMS AND REGARDLESS OF THE THEORY OF LIABILITY.

18.2 Exclusion of Consequential and Related Damages

IN NO EVENT SHALL MONEDA OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF MONEDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION APPLIES REGARDLESS OF THE BASIS FOR LIABILITY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

18.3 Deviating Liability Terms for German Users

If you have your permanent residence in Germany, the this paragraph 18.3 shall apply instead of paragraphs 18.1 and 18.2:

Moneda shall be liable without limitation:

• for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by Moneda, its legal representatives, or vicarious agents; and
• for other damages caused by an intentional or grossly negligent breach of duty or by fraudulent concealment.

In the case of slightly negligent breaches of essential contractual obligations (cardinal duties), Moneda shall only be liable for typical, foreseeable damage. Cardinal duties are those contractual obligations the fulfillment of which is essential for the proper performance of the contract and on the compliance with which the customer may regularly rely.

In all other respects, Moneda’s liability is excluded.

The provisions of this paragraph 18.3 shall also apply to the extent that a competent court in your jurisdiction determines that paragraphs 18.1 and/or 18.2 is/are invalid in your jurisdiction.

18.4 No Liability for Blockchain Transactions and other Third-party Services

For the avoidance of doubt, as a technical provider, Moneda does not control any cryptocurrencies, cryptographic keys or Credentials and has no control over any Networks and EMTs. Therefore, Moneda expressly excludes any responsibility or liability for any damages or losses resulting from:

• blockchain transactions and your interactions with Networks, to the extent that the relevant damage is not directly attributable to a malfunction of Moneda’s software;
• any loss of cryptocurrencies, cryptographic keys or other Credentials, to the extent that the relevant damage is not directly attributable to a malfunction of Moneda’s software;
• any access to the User’s Wallet or account which was authorized by the User’s Credentials or which was otherwise authorized by or on behalf of the User; and/or
• any action or omission by, and any interaction of a User with a third-party provider, which has entered into a separate agreement with the User.

In addition, any potential liability arising from a temporary non-availability of Moneda’s API is expressly excluded;

Thank you for choosing Moneda!