Introduction

These Terms of Service ("Terms") govern your use of the software, systems, and services provided by Oxus Pay, Inc. ("Oxus Pay," "we," "us," or "our"), including the purchase and sale of stablecoins through the Oxus Pay platform (the "Oxus Pay Services").

Oxus Pay operates on a Business-to-Business-to-Consumer (B2B2C) model. We partner with businesses ("Partners") who integrate our services into their platforms to provide stablecoins services to their customers ("Customers"). To facilitate money movement and compliance functions, we work with financial institutions and service providers ("Payment Vendors"). This agreement applies to Partners, Customers, and defines our relationship with Payment Vendors that use or support the Oxus Pay Services.

By accessing or using the Oxus Pay Services, you agree to be bound by these Terms. If you are accessing the Oxus Pay Services on behalf of a business (a "Business User"), these Terms apply to both you and the business.

Our Privacy Policy explains how we collect and use personal data you share with us. Each time you visit our website, apply for an account with us ("Oxus Pay Account"), or use the Oxus Pay Services, you consent to our collection, use, and disclosure of your personal data as outlined in our Privacy Policy. Your consent applies for as long as you use the Oxus Pay Services.

1. Eligibility and Account Security

1.1. Partner Relationship. Oxus Pay offers its services through Partners that integrate Oxus Pay services with their own platforms. To open a Oxus Pay Account, you must have an active account with a Partner ("Partner Account").

1.2. Eligibility Requirements. To use a Oxus Pay Account, you must: a) be at least 18 years old; b) have the legal capacity to accept these Terms; and c) have an active Partner Account.

If you are opening a Oxus Pay Account for a business, you warrant that you are authorized to do so and will use the services only for business purposes.

1.3. Restricted Locations. We cannot provide a Oxus Pay Account if you are in a location where we do not offer our services ("Restricted Locations"). We may change the list of Restricted Locations at any time without prior notice.

1.4. Identity Verification. We require personal data to verify your identity and process your application. Our Partner may share this data with us with your permission, or we may collect it directly from you. This data includes name, address, date of birth, government identification, and other information as required. A comprehensive list of the data we collect and how we use it is available in our Privacy Policy. Your data must always be accurate and up-to-date.

2. Chain Wallets and Virtual Accounts

2.1. Wallet Creation and Custody. By using the Oxus Pay Services, you consent to have wallets created on your behalf by Oxus Pay. You acknowledge and agree that Oxus Pay will maintain custody of any wallet created for you, and that you will not have direct access to these wallets or their private keys.

2.2. Virtual Accounts. You consent that Oxus Pay may generate virtual accounts for you in the United States for the purpose of facilitating transactions. These virtual accounts are managed by Oxus Pay and our payment processing partners.

2.3. Connected Accounts and Wallets. To buy and sell stablecoins, you must provide at least one bank account ("Connected Account") and one stablecoins wallet address ("Wallet") if you wish to withdraw stablecoins. Your Connected Account must be under your sole possession and control.

2.4. Monitoring. As part of our legal compliance program, we will monitor the use of your Oxus Pay Account, Connected Account, and Wallet, and review your personal data to prevent financial crimes.

2.5. User Responsibility. You are solely responsible for monitoring your Connected Account and Wallet for unauthorized activities

3. Information Sharing and Payment Vendors

3.1. Consent to Information Sharing. You consent that all information provided by you or collected about you may be shared:

a) with your Partner;
b) with Payment Vendors that are integrated with Oxus Pay infrastructure;
c) with regulatory authorities; and
d) as otherwise required for compliance and money movement purposes.

3.2. Partner API Access. Partners will use Oxus Pay APIs to perform actions including but not limited to creating wallets and virtual accounts on behalf of their Customers. Customers acknowledge that their Partner has this capability when they consent to these Terms.

3.3. Payment Vendors. Oxus Pay works with various financial institutions and compliance software providers ("Payment Vendors") to facilitate money movement, identity verification, fraud prevention, and regulatory compliance. These Payment Vendors enable Oxus Pay to process transactions on behalf of Customers. By using Oxus Pay Services, you acknowledge and consent that:

a) Oxus Pay may share your information with these Payment Vendors as necessary;
b) Payment Vendors may have their own terms of service that apply to their processing of your information;
c) Oxus Pay may move money on your behalf through these Payment Vendors; and
d) Payment Vendors may impose additional requirements or restrictions as required by their policies or applicable regulations.

4. Account Suspension and Termination

4.1. Customer Termination. Customers can terminate their Oxus Pay Account at any time through their Partner. Terminating your account does not affect any rights or obligations that arose prior to termination.

4.2. Partner Account Freezing. Partners consent that their account may be frozen if any suspicious activity is identified from any Customer added to their account. This may include, but is not limited to, suspected fraud, money laundering, terrorist financing, or other illegal activities

4.3. Oxus Pay Termination Rights. Oxus Pay reserves the right to suspend or terminate any Partner or Customer account at any time, with or without cause, and with or without notice. We will make reasonable efforts to notify the affected party through their Partner Account or via email.

5. Supported Digital Assets and Chain Control

5.1. Supported Digital Assets. In addition to fiat currency, we allow the transfer of specific digital assets ("Digital Assets"). A list of supported Digital Assets is available in your Partner Account.

5.2. Chain Disclaimer. Oxus Pay does not operate, own, or control any chains. Chains may change their operational rules without notice, and third parties may create copies ("Forks"), resulting in multiple versions of a chain.

5.3. Fork Policy. Oxus Pay does not support any kind of stablecoins or any digital assets from any forked chain unless explicitly stated otherwise.

5.4. Chain Risks. We are not responsible for chains, and you assume all risks when buying or selling stablecoins. We do not guarantee the functionality or security of chains.

5.5. Risk Acknowledgment. There are many risks associated with buying and selling stablecoins, including but not limited to market volatility, regulatory changes, and technical vulnerabilities. By using Oxus Pay services, you indicate that you understand and accept these risks.

6. Customer Acceptance Policy and Restrictions

6.1. Prohibited Businesses. Oxus Pay, LLC. will not onboard businesses associated with Politically Exposed Persons (PEPs). If a PEP is identified during the onboarding process or ongoing monitoring, Oxus Pay will offboard the customer immediately. Furthermore, certain types of businesses are prohibited from onboarding with Oxus Pay. You can find the complete list of prohibited businesses on this page.

6.2. High-Risk Businesses. High-risk businesses such as Money Service Businesses (MSBs), Casinos, and Gambling may be onboarded only after a manual review and approval process. These businesses must provide their AML policy and other relevant documents for evaluation.

7. Dispute Resolution

7.1. Agreement to Arbitrate. You and Oxus Pay agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Oxus Pay Services (collectively, "Disputes") will be resolved solely by binding individual arbitration and not in a class, representative, or consolidated action or proceeding.

7.2. Small Claims Court Option. Notwithstanding Section 7.1, either you or Oxus Pay may bring an individual action in small claims court if the claim qualifies, so long as the action remains in that court and is brought on an individual basis.

7.3. Waiver of Jury Trial. YOU AND OXUS PAY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Oxus Pay are instead electing that all Disputes will be resolved by arbitration under this Section 7.

7.4. Waiver of Class Actions and Class Arbitrations. ALL DISPUTES SHALL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.

7.5. Arbitration Procedures. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect, except as modified by this Section 7. Any arbitration hearing will take place in Lewes, Delaware, unless we both agree to another location or to remote proceedings.

7.6. Exception for Intellectual Property and Small Claims. Notwithstanding the foregoing, nothing in these Terms will be deemed to waive, preclude, or otherwise limit either party's right to (i) bring an individual action in small claims court, (ii) pursue enforcement actions through applicable federal, state, or local agencies, (iii) seek injunctive relief in a court of law, or (iv) file suit in a court of law to address intellectual property infringement claims.

8. Miscellaneous

8.1. Governing Law. These Terms and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of laws provisions.

8.2. Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

8.3. Assignment. These Terms are not assignable, transferable, or sublicensable by you except with Oxus Pay's prior written consent. Oxus Pay may assign, transfer, or delegate any of its rights and obligations hereunder without consent.

8.4. Entire Agreement. These Terms constitute the entire agreement between you and Oxus Pay regarding the use of the Oxus Pay Services and supersede all prior or contemporaneous communications.

8.5. Modification of Terms. We reserve the right to modify these Terms at any time. We will provide notice of any material changes through your Partner Account, via email, or by other means. Your continued use of the Oxus Pay Services after such notice constitutes your acceptance of the modified Terms.

Contact Details

For any inquiries, requests, or concerns related to these Terms or our services, please contact us using the following information:

Oxus Pay LLC.
Coastal HWY #16192, Lewes, DE 19958 US
policy@oxuspay.io