BITPAY, INC.
ATLANTA, GA

We're independent. We're a very flat organization — everyone has ownership, and everyone has the responsibility and resources they need to get the job done. We're agile. We're constantly refining and improving our understanding of our customers and our product. We build and ship code quickly, deploying multiple times per day. We're flexible. Time with the team in a BitPay office is crucial, but we work effectively out of office, too. Our only mandate? Make a great bitcoin payment experience for our merchants. We're Hiring We're looking for driven individuals who are excited about bitcoin to add to our team. This is a binding Agreement between BitPay, Inc. (“BitPay” or “We”) and the person, persons, or entity (“You” or “Your”) using the service, Software, or application (“Software”). BitPay provides the Software solely on the terms and conditions set forth in this Agreement and on the condition that You accept and comply with them. By using the Software You (a) accept this Agreement and agree that You are legally bound by its terms; and (b) represent and warrant that: (i) You are of legal age to enter into a binding agreement; and (ii) if You are a corporation, governmental organization or other legal entity, You have the right, power and authority to enter into this Agreement on behalf of the corporation, governmental organization or other legal entity and bind them to these terms. IN NO EVENT WILL BITPAY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY USE, INTERRUPTION, DELAY OR INABILITY TO USE THE SOFTWARE, LOST REVENUES OR PROFITS, DELAYS, INTERRUPTION OR LOSS OF SERVICES, BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF DATA, LOSS RESULTING FROM SYSTEM OR SYSTEM SERVICE FAILURE, MALFUNCTION OR SHUTDOWN, FAILURE TO ACCURATELY TRANSFER, READ OR TRANSMIT INFORMATION, FAILURE TO UPDATE OR PROVIDE CORRECT INFORMATION, SYSTEM INCOMPATIBILITY OR PROVISION OF INCORRECT COMPATIBILITY INFORMATION OR BREACHES IN SYSTEM SECURITY, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, WHETHER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. We retain all right, title, and interest in and to the Content and all of BitPay’s brands, logos, and trademarks, including, but not limited to, BitPay, Inc., BitPay, BitPay – Secure Bitcoin Wallet, BitPay Wallet, BitPay App, Copay, BitPay Prepaid Card, and variations of the wording of the aforementioned brands, logos, and trademarks. These Merchant Terms of Use ("the Terms") govern your use of the products, services or any other features, technologies or functionalities (the "Services") provided by BitPay, Inc. (BitPay, we, our, or us) through BitPay’s website, API or through any other means. The terms “you” and “your” refer to the merchant to which we will be providing the Services and the person signing below or otherwise agreeing to the Terms on behalf of the merchant. Please read the Terms carefully; by using the Services, you agree to the Terms and confirm that you accept them. We are a cryptocurrency payment processor. We enable you to accept cryptocurrency as payment for goods or services, and process cryptocurrency payments that you receive from your customer (Purchaser). We are not a crypto exchange, wallet, or a place to purchase or sell cryptocurrencies. Our Services are only available to businesses that sell a product or services or to registered charitable organizations that accept donations. By using the Services, you authorize us to act as your agent so we may receive, hold and disburse funds on your behalf and to take any and all actions that we think are necessary to provide the Services and to comply with applicable law. Payment by Purchaser to BitPay will be considered the same as payment made directly to you and will extinguish the Purchaser's outstanding obligation, to the extent of the payment. In order to use the Services, you must open a BitPay account. When you open an account, we will ask you for contact information such as your name, phone number, email address, and information relating to the ultimate beneficial owner or the most senior individual from the organization. We will also ask you for information on your business, including your business’s legal name or DBA, physical address of the business, and your company's website. The information that you provide at the time of account opening must be accurate and complete and you must inform us within ten business (10) days of any changes to such information. We may require additional information from you (including any person signing below or otherwise agreeing to the Terms on behalf of the merchant) to help verify your identity and assess your business risk, such as your date of birth, tax identification number, or government-issued identification. We may also obtain information about you from third parties, such as credit bureaus and identity verification services. We have the right to reject your account registration or to later close your BitPay account, if you do not provide us with accurate, complete, and satisfactory information. BitPay is a registered Money Service Business with FinCEN and is a licensed money transmitter in numerous states. As a regulated business, BitPay is required to comply with the Bank Secrecy Act, which requires BitPay to verify merchant identities, maintain records of currency transactions for up to five years (New York merchant’s records are held for seven years) and report certain transactions. In the event that a merchant account is closed by BitPay or at the request of the merchant, even without completing the onboarding process or performing a transaction, records must be held as prescribed by law.