Last updated: Jan 6, 2026
MACHINES CASH INC.
These terms of use, including our Machines Cash Privacy Policy, any schedule, annexe or addenda incorporated herein by reference, or any terms referencing these terms of use (collectively, the "Terms") apply to your access and use of the Services (defined below) as well as your visits to any website (including the Machines Cash website at https://www.machines.cash/), portal, software, mobile application, or any Machines Cash website (collectively, the "Website") operated by Machines Cash Inc., a Delaware corporation headquartered at 1007 N Orange St, 4th Floor, Suite 2934, Wilmington, DE 19801 ("Machines Cash", or "we", "us", "our").
By creating an account, initiating a deposit (an "Add Balance" action), requesting an exchange, or otherwise using the Services, you agree to be bound by these Terms. Where Machines Cash offers payment card, cash and/or Crypto Asset features, you also agree that card issuance, sponsorship, program management, and settlement functions are provided by program partners, which may include exchanges, custodians, payment service providers, money transmitters or similar partners ("Program Partners") and subject to their terms, which are incorporated by reference and control in the event of conflict for those card program functions.
Please read the Terms carefully as they govern your use of the Services and your visits on the Website. If you do not agree with any term and condition included in the Terms, please do not visit, access or use the Services or the Website.
By clicking the "I agree with the Terms of Use and Machines Cash Privacy Policy" checkbox displayed on the sign-up page, by downloading, accessing or using the Services, by visiting our Website, or by accepting any set of terms referencing these Terms, you acknowledge that you have read, understood and accepted the Terms (as they may be amended from time to time).
Because we strive to constantly improve our Services and develop new features for you and our community, we may amend the Terms at any time by posting a revised version of the Terms on the Website, the mobile or web application, or by providing a copy directly to you via email, hyperlink or otherwise. It is your responsibility to check the Terms periodically for changes, even though Machines Cash will provide you with a notice of the amended Terms. The amended Terms will become effective as of the time they are posted, but will not apply retroactively. Your continued use of the Services, or your visit to our Website, after the posting of the amended Terms constitutes your acceptance of such amended Terms, unless a different acceptance mechanism is expressly provided. If you do not agree with any amendment, your sole and exclusive remedy is to discontinue using the Services or visiting the Website.
Machines Cash provides various services accessible through and based on Internet and/or blockchain technologies, and offered via our Website, our mobile or web application, software or APIs or by other means made possible by technological advancements (collectively, the "Machines Cash Platform").
Machines Cash provides a blockchain-enabled platform (the "Services") that allows you to: (a) initiate an Add Balance action by selecting a token and network; (b) convert deposited digital assets into supported U.S. dollar-pegged stablecoins (e.g., USDC/USDT/USDG) via third-party exchanges; (c) credit the resulting stablecoins to an internal virtual account or contract ledger associated with your account ("Contract Balance"); and (d) reflect an available balance for permitted uses, including supporting card transactions, merchant payments, and withdrawals to an external wallet, subject to these Terms, applicable law, and program limits.
The Services include, but are not limited to, a secured credit card program. Cards are issued by Third National (the "Issuer"). Card program services are provided by Signify Holdings, Inc., a Program Partner. The Machines Card is a secured credit card collateralized by eligible digital assets held in a program-managed smart contract account. Credit limits are determined by the value of eligible crypto collateral and are set and adjusted in the app. Machines Cash Inc. does not issue cards, is not a bank, and does not provide banking services.
Under the Machines Card program, your card transactions are authorized and settled against collateral held in your Account. Deposited Crypto Assets supported by Machines Cash ("Crypto Assets") are converted into supported stablecoins (e.g., USDC/USDT/USDG) and posted to your Contract Balance; Machines Cash then liquidates stablecoin collateral as needed to fund authorizations and settlements in fiat through the card network. Only fiat currency transacts over the card network; no Crypto Asset is sent through the network or held by the Issuer. The Crypto Assets and stablecoins supported by the Services may change from time to time, and Machines Cash may remove support for the ability to convert, spend, deposit, transfer, earn, hold, or withdraw any assets through the Services.
The rights and obligations associated with the Services are described in Section 9 below. Additional Services directly or indirectly provided by Machines Cash may be offered to you from time to time, which are subject to these Terms and may be subject to additional terms and conditions in addition to the Terms.
BEFORE MAKING USE OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, YOU UNDERSTAND AND ACCEPT THE RISK DISCLOSURES PUBLISHED ON OUR WEBSITE AND AVAILABLE IN OUR WEB AND MOBILE APPLICATION. You acknowledge that the values of Crypto Assets may fluctuate significantly and there is risk of financial loss when holding Crypto Assets or when they are converted to fund Machines Card authorizations and settlements.
BEFORE MAKING USE OF THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT NO COMMUNICATION OR INFORMATION PROVIDED TO YOU BY MACHINES CASH SHALL BE CONSIDERED OR CONSTRUED AS INVESTMENT, TAX OR LEGAL ADVICE. MACHINES CASH WILL NOT PROVIDE ANY RECOMMENDATIONS, ADVICE OR INDUCEMENTS TO YOU. MACHINES CASH DOES NOT ASSESS THE APPROPRIATENESS OR SUITABILITY OF YOUR USE OF THE SERVICES, INCLUDING YOUR SELECTION OF LINKED ASSET(S) FOR CARD AUTHORIZATIONS AND SETTLEMENTS.
You acknowledge and agree that Machines Cash is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any decisions or activities made by you using the Services. No communication by Machines Cash should be construed as a recommendation to engage in any investment activity. Your decisions regarding which Crypto Assets to link to your Machines Card and how you use the Services are solely your responsibility.
You are solely responsible for determining whether any transaction is appropriate for you and you shall be solely responsible for any loss or liability therefrom.
You are also solely responsible for determining the tax consequences associated with holding Crypto Assets, funding or withdrawing to or from your Account, and the conversion of linked Crypto Assets to fund Machines Card authorizations and settlements, and you shall be solely responsible for any tax liability or other adverse tax consequences arising therefrom.
Without limiting the generality of the foregoing, the calculations found in any statement or report made available by Machines Cash (the "Statements"), which may set out the details of the transaction history in your Account, are completed to the best of our ability based on information available to us. You acknowledge that these Statements are solely provided for your convenience and may not constitute an accurate description of the gain or loss of the value of your Crypto Assets. All liability with respect to actions taken or not taken based on the contents of these Statements are hereby expressly disclaimed; no representations are made that the content of these Statements is standardized or error-free.
You acknowledge that, considering the nature of the Services (including the use of "hot wallet" providers) there is a risk of malicious cyberattacks against the Services, which may result in the loss or theft of your Funds (as defined below).
Supported stablecoins are issued by third parties and may be subject to depegging, issuer risk, smart-contract vulnerabilities, or policy changes. Machines Cash or their Program Partners do not guarantee stablecoin value.
Machines Cash is registered in Delaware.
To use the Services, you must sign up for a Machines Cash Account. You may not create more than one Account. Machines Cash may, in its sole discretion and without prior notice or justification, refuse to open an Account for you, suspend (also called a "freeze") or terminate your Account (see Section 16), or otherwise restrict some features or permissions in your Account (such as depositing or withdrawing Funds (defined below), linking Crypto Assets to your Account, or processing card authorizations and settlements), for different reasons such as i) to perform a scheduled maintenance, ii) due to a non-compliance or potential non-compliance with the Terms, iii) for security, fraud, legal or reputational concerns or risks, iv) to conduct internal investigations, v) for regulatory or contractual reasons, vi) in the event of a fork (change in the blockchain protocol), etc. You acknowledge that, if we do not communicate with you and you realize that your Account has been suspended or limited, it is your responsibility to reach out to our customer service team members.
As part of the account opening process and/or any ongoing assessments, and from time to time afterwards (e.g. when we conduct investigations, expand our product offering, or we are required by law), you will be asked to provide information about yourself (or your organization) and your contemplated use of the Services (for more information, see Section 8 below). You agree to always provide complete, truthful and accurate information, as well as authentic documents, when opening an Account or when interacting with Machines Cash. You are also expected to promptly and proactively update your information, including but not limited to your residential address, email address and telephone number, to maintain their integrity and accuracy. You understand and agree that, from time to time, Machines Cash may require you to submit additional information about yourself (or your organization) or complete further verification steps, and that failure to comply may preclude your continued use of or access to the Services.
Machines Cash endeavours to ensure the soundness of the Services and your information such as through information technology (IT) security and cyber-resilience, none of which can be guaranteed.
You also have a role to play in securing your Account and your Funds (defined below) by adopting security practices and measures designed to protect your Account and related personal information. Namely, you agree:
As initiator and beneficiary of all transactions made in your Account, you are responsible for all activities and transactions that occur under your Account (including the amount of the transaction or the External Account or External Wallet (defined below) to which you send your Funds (defined below)), and accept all risks of any authorized or unauthorized access to your Account. Machines Cash assumes no liability for any loss or consequences caused by any authorized or unauthorized access to or use of your Account. For greater certainty, you authorize Machines Cash to act upon instructions given from within your Account to our customer service team members (including but not limited to linking assets to your Account and depositing, converting, transferring, or withdrawing Funds (defined below)). You agree that we are, in respect of any instructions received from a person using your Account, entitled to assume that the person is you.
You acknowledge that the access to the Services may be interrupted or may become unavailable for reasons out of Machines Cash's reasonable control (for example, during times of significant volatility or volume). Machines Cash cannot guarantee that any request or transaction will be executed, accepted, or remain open.
Your Account is not a bank account and fiat currency and/or supported stablecoins received or held by us or by you and transacted through the Machines Cash Platform do not earn interest and are not insured by any deposit insurance corporation or any other government agency.
To be eligible to use the Services, you must i) reside in the United States or Canada and have a valid Canadian or U.S. mobile phone number (excluding IP telephony), ii) be at least 18 years old, iii) have the legal capacity to hold an Account and accept the Terms. For clarity, residents of other countries are not permitted to use the Services. There are certain features or products which may or may not be available to you depending on your physical location (e.g. if you are outside of the United States or Canada) and other criteria.
To be eligible to use the Services, you (or any person directly or indirectly controlling the organization) must not i) be included in any sanctions list in the United States, Canada or any other country, including any trade embargoes or economic sanctions list, the list of Specially Designated Nationals ("SDNs") and Blocked Persons maintained by the Office of Foreign Assets Control of the U.S. Treasury Department or the denied persons or entity list of the U.S. Department of Commerce.
To be eligible to use the Services, you (or any person directly or indirectly controlling the organization) must not, or intend to, transfer Funds (defined below) from, through or to an account i) covered by the prohibitions listed in subsection 6.2, or ii) in the Islamic Republic of Iran, the Democratic People's Republic of Korea or any other foreign jurisdiction covered by a ministerial directive or transaction restrictions regulations issued by the Minister of Finance of Canada or any other governmental entity.
If you are agreeing to the Terms on behalf of an organization (corporation, trust, partnership or any similar entity), both you as an individual and your organization are legally bound by the Terms. You also represent and warrant that you have been granted the necessary powers and authorizations to bind the organization and act on its behalf. You also represent that such organization is a duly organized entity that is in good standing under applicable laws of incorporation or existence. Any entity or its owners (and any affiliate entities) that have been previously suspended or banned from using the Services are no longer eligible to use the Services.
If you do not, or no longer, meet the eligibility requirements mentioned in this Section 6, you shall immediately inform Machines Cash and cease using the Services.
You may not use your Account to conduct any unlawful activity which would violate any law, statute, regulation, or sanctions programs, or which would involve proceeds of any unlawful activity, or the publishing, distributing or disseminating of any unlawful material or information. Without limiting the generality of the foregoing, you may not use our Services to i) pay for, support or otherwise engage, directly or indirectly, in any illegal gambling activities, fraud, money-laundering, terrorist activities or other illegal activities, or ii) engage in transactions involving activities that infringe, violate or harm any copyright, trademark, right of publicity or privacy or any other proprietary right under applicable law (including Machines Cash's intellectual property).
You may not use our Services in any manner that could interfere with, disrupt, negatively affect, inhibit other customers from fully enjoying our Services, or that could damage, disable, overburden or impair the functioning of our Services in any manner. Without limiting the generality of the foregoing, you may not i) communicate with Machines Cash staff (and especially our customer service team members) in a way that is not respectful and courteous, or otherwise harass, make threats or use any defamatory, libelous, harmful, hateful, or racially/ethnically offensive or abusive language with our staff or other Machines Cash customers, ii) violate Machines Cash's policies (including our Anti-Money Laundering/Terrorist Financing policies) or otherwise engage in money laundering techniques (e.g. smurfing), iii) use or attempt to use another customer's Account (by impersonation or otherwise), allow another person to access and use the Services using your Account or make any transaction on behalf of any third party, iv) attempt to circumvent any security measure or control we employ, or attempt to access any feature or area of our Services that you are not authorized to access, v) develop any third-party applications that interact with our Services without our prior written consent, vi) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access our Services or to extract data, vii) encourage or induce any third party to engage in any of the activities prohibited under this subsection 7.2, viii) use the Services to take advantage of or profit from any technical glitch, malfunction, failure, delay, default or security breach, or ix) undertake any activity that could be reasonably considered to constitute a manipulative or deceptive practice.
To ensure compliance with your obligations or the prohibitions listed in this Section 7, the Terms or Machines Cash's policies, Machines Cash (or its service providers, partners and regulators) has the right to monitor, supervise and investigate the activity on your Account and the transactions that you are making on the Services. We may, at any time, request that you collaborate with Machines Cash in these investigations, including asking you to provide more information regarding the source of Funds (defined below) being deposited or transferred into your Account. You agree to assist us in these investigations to the best of your knowledge. Machines Cash may unilaterally determine whether you have violated your obligations or the prohibitions listed in this Section 7, the Terms or its policies.
If Machines Cash determines, at its sole discretion, that you may have violated your obligations or the prohibitions listed in this Section 7, the Terms or its policies, Machines Cash may take actions without your consent, prior notice or justification, including without being limited to: i) restricting your rights and permissions on the Services, ii) blocking, freezing, suspending or closing your Account or any transactions, iii) requiring you to promptly liquidate your Funds (defined below), iv) requiring that you provide us with wire transfer instructions for the fiat proceeds from the liquidation of your Funds to a Canadian or U.S. financial institution, v) reporting you to banking institutions, the Issuer, service providers, relevant financial intelligence agency, securities regulators, or law enforcement authorities, and vi) deleting any information that you published that are found to be in violations of the Terms or the law.
During the sign-up process of your Account, or at any other time deemed necessary by Machines Cash, you agree to provide us with, and consent to the processing of, any personal information we may request for the purposes of identity verification, providing Services to you, the detection of money laundering, terrorist financing, fraud, any other financial crimes, and other lawful purposes. For more information, you can refer to our Machines Cash Privacy Policy. You can withdraw your consent at any time by closing your Account with us. However, we will retain and continue to process your personal information for as long as your Account is active and for a limited period of time after, but only as necessary in order to comply with laws or regulations applicable to us or our partners.
The information we request may include personal information, including, but not limited to, your full legal name, date of birth, residential address, occupation, telephone number, e-mail address, government identification or special categories of data (such as biometric information).
During the sign-up process of your Account, and to help us follow identity verification rules, we may use a biometric system to verify your identity. As part of this process, we may require a photo of your government-issued photo identification, a selfie, and a video of your face. If you use this identity verification method, you hereby consent to the collection, use and retention of your biometric information, and you understand that your biometric information will solely be used to confirm your identity.
You also authorize Machines Cash to conduct investigations or make inquiries, whether directly or through third parties, that we consider necessary to offer the Services, verify your identity or to protect you, other customers, Machines Cash's partners and/or Machines Cash against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit monitoring agencies and fraud prevention or financial crime agencies and that these agencies may communicate personal information about you to Machines Cash. Please note that, when we do so, we only verify your identity and it should have no adverse effect on your credit rating ("soft credit check").
You also authorize your wireless phone provider to disclose to Machines Cash and its third-party service providers, some personal information about you, including without limited to your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely as necessary to verify your identity, ensure compliance with the Terms, and prevent fraud for the duration of our relationship with you.
We may store and reference onchain transaction hashes, deposit addresses, and exchange order identifiers in connection with your Account for reconciliation and compliance.
We reserve the right at all times to monitor, review, retain and/or disclose any information so collected as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request.
The Services are licensed to you on a non-transferrable, non-sublicensable, worldwide-basis, so that you may use the Services and make use of the intellectual property of which it is composed, including all copyrighted and trademarked works (collectively, "Works"), provided that you do so in accordance with the Terms or any other procedures and guidelines that may be issued by Machines Cash from time to time, and do not reproduce any of the Works outside of the Services.
Some trademarks displayed on the Services, such as those of app stores or certain business and product names may belong to third parties and are not licensed to you.
To use the Services, you must fund your Account by loading supported Crypto Assets (the "Funds") from an external account or wallet (each, an "External Account") using a preapproved method (e.g. blockchain transfers of supported assets on supported networks, or other methods we may make available from time to time). Other acceptable funding or withdrawing methods may be available, which may change from time to time.
You acknowledge that Machines Cash uses third party providers, including payment processors, fiat and digital asset custodians, wallet infrastructure providers, and liquidity providers, that are involved in the handling, custody and processing of your Funds.
You acknowledge that we may delay or reject the transfer of your Funds into or from your Account. Such delay may be caused by operational, technological, compliance reasons or otherwise caused by the blockchain that you are interacting with. You also acknowledge that processing times with your External Account may vary. In some cases, your External Account may delay the transfer or reject your Funds or may otherwise be unavailable to receive your Funds. You agree that you will not hold Machines Cash liable for any damages resulting from such delayed or rejected transactions. We therefore strongly recommend transferring Funds to Machines Cash well in advance of when you intend to use our Services.
We reserve the right to set any applicable limits or rules for any particular funding or withdrawing methods without prior notice.
You may require Machines Cash to transfer your Funds to your External Account(s) [or to other destination accounts or] wallets pre-approved by Machines Cash in accordance with our internal policies.
You may be charged fees by your External Account. Machines Cash is not responsible for any of these fees or for the management and security of any External Account. You are solely responsible for your use of any External Account, and you agree to comply with all terms and conditions applicable to any External Account or any instructions given by the entity or service provider where your External Account is located.
Once you transfer Funds to your Account, those Funds may be held in pooled accounts with one or more third-party custodians selected by Machines Cash. Machines Cash is not a bank, and the Machines Card is not issued by a bank. Machines Cash does not represent and cannot guarantee that any Funds held with a third-party custodian are insured by the Canada Deposit Insurance Corporation (CDIC), the Federal Deposit Insurance Corporation (FDIC) or any similar government-backed insurance program. You acknowledge and agree that your Funds are subject to the operational and credit risks of the third-party custodian provider holding such Funds, and you assume all risks related to those institutions or service providers, including any loss due to fraud, theft, insolvency, or other events beyond Machines Cash's control.
You may instruct Machines Cash to withdraw your Funds held by our third-party custodians to an external digital wallet address (an "External Wallet"). You authorize Machines Cash to send such instructions to the third-party custodians on your behalf. You acknowledge and agree that Machines Cash cannot confirm who owns or controls your External Wallet, and cannot reverse any transactions or otherwise retrieve Funds transferred to any External Wallet. Consequently, you agree to only send Funds to External Wallets that you know and trust, and you accept all risks (including the possible misappropriation of your Funds) arising from the transfer of your Funds to any wallet that you do not own or control. You understand that the failure to ensure the accuracy of the External Wallet address and related privacy keys may result in the permanent loss of such Funds. You agree that you will not hold Machines Cash liable for any damages or losses resulting from your Funds being sent to the wrong External Wallet or to any individuals involved in fraudulent or otherwise illegal schemes.
In the event you fund your Account in an asset or via a network not supported by Machines Cash, your deposit may be lost and irrecoverable. You are solely responsible for ensuring that deposits use supported assets and networks as disclosed in your Account at the time of transfer.
You agree to appoint Machines Cash and/or its Program Partners, which accepts such an appointment, to arrange for the custody of the Funds that you own in your Account, which Funds are held in trust for your benefit and not owned by Machines Cash and/or its Program Partners. The transactions executed by Machines Cash and/or its Program Partners are between you and Machines Cash and/or its Program Partners and provide you with a contractual right or claim (including the rights provided in these Terms) relating to particular Funds held on your behalf by Machines Cash and/or its Program Partners. Notwithstanding the above, Machines Cash and/or its Program Partners reserves the right to suspend any transaction, withhold Funds, suspend your Account or your Machines Card in order to protect Machines Cash and/or its Program Partners, other customers, any third party, the Issuer and yourself from actual or potential legal, security, financial, reputational or any other risk.
Although you acknowledge and agree that the Services are not intended to be used as a storage facility for your Funds and you also understand and assume all risks associated with such storage, such Funds will be delivered and held by Machines Cash and/or its Program Partners under the custody of third-party custodians (for more information, see subsection 9.3.4 below). If you do not wish to have your Funds stored by Machines Cash via third-party custodians and/or its Program Partners, you should withdraw your Funds to an External Wallet that you own and control. Nevertheless, you accept all risks and you agree that you will not hold Machines Cash and/or its Program Partners liable for any damages or losses resulting from your Funds being withdrawn from your Account (including but not limited to the risks associated with losing your private keys or sending Funds to a wrong or invalid wallet address).
Machines Cash and/or its Program Partners may record your Crypto Assets in its books as separate and apart from anyone else's Crypto Assets, including from Machines Cash's own property. Furthermore, Machines Cash and/or its Program Partners may maintain a database of the balances of your Crypto Assets. [Our records will at all times provide for the separate identification of your Crypto Assets and the Crypto Assets of other customers. We do not, nor do we purport to have, legal ownership of Crypto Assets held on your behalf, and neither Machines Cash nor our third-party custodians will be entitled to loan, hypothecate, pledge, or otherwise encumber any of your Crypto Assets. For greater clarity, neither Machines Cash nor our third-party custodian will be entitled to use your Crypto Assets for its own benefit].
Unless Machines Cash and, as the case may be, the applicable third-party custodian expressly agree in writing, you shall keep your Crypto Assets free from any liens, encumbrances, charges, or claims.
The Machines Card is a secured credit card issued by Third National (the "Issuer") and offered through card program services provided by Signify Holdings, Inc., a Program Partner. The Machines Card is collateralized by eligible digital assets held in a program-managed smart contract account, and your credit limit is determined by the value of eligible crypto collateral and set and adjusted in the app. Machines Cash Inc. does not issue cards, is not a bank, and does not provide banking services.
In order to obtain the Machines Card, you may be asked to provide additional information in order for Machines Cash, and/or its Program Partners and the Issuer to prevent money laundering, fraud and other risks. Your use of the Machines Card is also subject to a separate agreement between you and the Issuer (the "Cardholder Agreement") available here. You shall comply with the terms of the Cardholder Agreement. You consent to Machines Cash obtaining and sending information concerning your Machines Card to, from and among you, Machines Cash, and/or its Program Partners and the Issuer.
Card spending is funded from a balance of supported stablecoins (e.g., USDC, USDT, USDG) held as collateral in your Account. Deposited Crypto Assets are converted into these supported stablecoins and posted to your Contract Balance to serve as this collateral. When you make a card purchase or cash withdrawal, Machines Cash and/or its Program Partners will, on your behalf, liquidate an amount of your stablecoin collateral sufficient to fund the transaction. Conversions from stablecoin collateral to fiat currency may occur at authorization, at settlement, or at both, depending on card network and merchant processing conditions. Only fiat currency is transacted over the card network. No Crypto Assets are held by the Issuer, and no cryptocurrency credits or balances exist on or are held on the Machines Card. If the value of your stablecoin collateral is insufficient to cover a transaction amount (including any network or merchant-added amounts), the transaction will be declined.
The Machines Card does not hold a separate stored value balance. Card authorizations and settlements are funded by converting the supported stablecoins held as collateral in your Account into the applicable fiat settlement currency supported by the Issuer and applying those proceeds to the transaction through the Machines Cash Platform, with settlement occurring against your Account balances (including any virtual account balance reflected on the platform) held with third-party custodians. Conversions are processed in accordance with these Terms and any applicable pricing disclosed in your Account.
Machines Cash is committed to the privacy of customers but as a regulated business, you need to know that we may be required to share your personal information with regulators (including self-regulated organizations), and other regulatory agencies or law enforcement. We may also disclose your personal information to credit bureaus, anti-money laundering service providers, or other identity verification partners as part of opening your Account or for periodic checks to ensure that we have accurate information about you.
We may also disclose your personal information to an affiliated entity of Machines Cash, financial institutions, Program Partners or other financial intermediaries as necessary to provide the Services, perform compliance checks, manage risk, and fulfill our obligations under these Terms.
Our commitment to privacy is further explained in the Machines Cash Privacy Policy, which you acknowledge that you have read and understand.
If you have feedback, or general questions, you can contact our customer service team members directly within your Account or the Website.
If you suggest a feature or change to the Services, if you provide any feedback or ideas, or if you submit any material (a "Suggestion"), you hereby transfer all rights, ownership and interest of the Suggestion and all related intellectual property rights to Machines Cash. You also disclaim and waive any intellectual property rights, including any and all moral rights or any request for acknowledgement or compensation, to any resulting or modified intellectual property based on the Suggestion. For better clarity, Machines Cash owns any and all Suggestion and may make use of the Suggestion about any aspects of the Services (including any elements related to user experience or user interface) that you elect to provide through email, your Account, or any other ways.
You acknowledge that you have carefully read and understand the provisions of Section 3 above.
The Services (including, for clarity, the Website or any customer service/technical support tool) and the Crypto Assets (including their underlying technology or blockchain) are provided to you on an "as-is" and "as available" basis without warranty of any kind, including all implied warranties and conditions of merchantability and fitness for a particular purpose, to the maximum degree permitted by law, and this disclaimer of warranty shall apply even if you have informed us of your special circumstances. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.
The duration of the statutory required warranties, if any, are hereby limited to the shortest period permitted by applicable laws. Additionally, and notwithstanding any other provisions of the Terms, Machines Cash, Program Partners and its providers and partners do not make any warranties or representations that the Services (including, for clarity, the Website or any customer service/technical support tool) will be secure, timely, uninterrupted, error-free or free of viruses or other harmful components, will operate in combination with any other system, or otherwise will meet your requirements and needs.
You understand that the use of the Services necessarily involves the transmission of information over networks that are not owned, operated or controlled by Machines Cash or Machines Cash's partners, and Machines Cash and its Program Partners are not responsible for any information lost, altered, intercepted or stored across such networks. Machines Cash and its Program Partners will not be liable for any issues inherent to the use of the Internet or other systems outside of Machines Cash's control, or for any issues in connection with your use or configuration of the Services or your Account other than as instructed by Machines Cash. You further acknowledge that there is a risk of malicious cyberattacks against the Services (including, for clarity, the Website or any customer service/technical support tool) or any personal device used to access the Services, which may result in the loss or theft of your Funds or personal information.
Machines Cash is not responsible or liable for any damages or loss resulting from causes outside our direct control, such as failure of electronic or mechanical equipment or communication lines, electronic viruses or malware, unauthorized access to our systems, theft, operator error, severe weather, natural disasters, strikes or other labor problems, wars, disease, epidemic, pandemic, governmental restrictions or for any loss of information caused by disruptions in or malfunctions of the Services.
It is necessary that Machines Cash's liability to you be limited as we would otherwise need to charge higher prices. Accordingly, and except for i) direct damages resulting from any gross negligence or willful misconduct on our part arising directly from our performance and our responsibilities under the Terms, or ii) any Claim found in subsection 14.2, Machines Cash's (and its parents, affiliates, officers, directors, shareholders, employees, the Issuer, agents, suppliers, licensors, Program Partners, assigns and successors-in-interest) liability for any claim, loss (including lost profits, gains, or revenue), damage, or consequence ("Claim") shall be limited to no more than [US$500] (in aggregate), and this limitation of liability shall apply no matter the cause of action, reason for loss, nature of damages, or any other factor.
If your Claim relates to a risk that you have expressly acknowledged in the Terms (including the risks enumerated in the sections of the Terms respectively titled "3. Acknowledgement of Risk and Disclosures" and "12. Disclaimer of Warranties & Waiver"), you expressly acknowledge and agree that, to the fullest extent permitted by law, Machines Cash (and its parents, affiliates, officers, directors, shareholders, employees, suppliers, the Issuer, agents, licensors, Program Partners, assigns and successors-in-interest) do not bear liability or responsibility.
You also expressly acknowledge and agree that Machines Cash and its Program Partners shall not be liable or responsible for any punitive damages, consequential costs, loss of goodwill, loss of reputation, or loss of opportunity, under any circumstances.
Subject to applicable law and subject to your liabilities to us, the Issuer, or under these Terms or your use of the Services, the limitations of liability in this agreement shall not serve to prevent us from returning to you any of your Funds or other balances in your Account with us, which may exceed the caps set out above.
You will defend, indemnify and hold harmless Machines Cash (and its parents, affiliates, officers, directors, shareholders, employees, suppliers, the Issuer, agents, suppliers, licensors, Program Partners, assigns and successors-in-interest) from and against any and all liabilities, damages, losses, claims, demands, actions, causes of action and costs (including, without limitation, attorneys' fees and expenses) arising out of or resulting from (collectively, the "Liabilities"): (i) your violation of the Terms (including any breach of representation or warranty) or any third-party rights (including any Liabilities brought against us by any financial institution); (ii) your use of the Services (including any violation of applicable laws, regulations, by-laws, rules, and policies), or any part of them; (iii) your alleged or actual negligent or willful acts or omissions, or those of your agents or employees; (iv) any taxes or other Liabilities related to any product or service that you may provide or sell; (v) your operation of a business; (vi) any activity in or through your Account; (vii) any claim by any third party that relates to you; (viii) any costs that Machines Cash or its Program Partners incur in responding to a subpoena or other court order related to you or a third party with whom you have any relationship; (ix) any termination or suspension of your access to the Services; and (x) any third party's use of your Account or your Services.
If you fail to pay any Liabilities or if you fail to comply with any other requirement contained in the Terms, then, in addition to any other right or remedy to which Machines Cash or its Program Partners are entitled, we may at any time and from time to time, without notice or demand to you, apply some or all of your Funds to eliminate or reduce the Liability or other amount, as the case may be. You shall remain liable to Machines Cash and/or its Program Partners for any deficiency remaining following the exercise by us of any or all of our rights.
Either party may terminate the Terms for any reason or for no reason without notice and without further liability. Your Account balance must be zero upon the closing of your Account for any reason. If there are Funds credited to your Account at the time of suspension, termination or deactivation, we may require you to provide us with an External Account or External Wallet to which we will transfer your Funds.
Subject to applicable laws or obligations that require us to do otherwise and any liabilities you may have to us or an Issuer, Machines Cash shall transfer your Funds to you, and you shall be obligated to pay any amounts owed to Machines Cash for services received prior to termination. If Machines Cash has to terminate or suspend your Account, you acknowledge that the value or price of the Crypto Assets in your Account may change before your access is restored and could affect the amounts realized upon conversion to fund Machines Card authorizations and settlements. If access is paused, you may need to wait or withdraw assets externally, and Machines Cash is not responsible for market movements during that time.
The Services are subject to stringent operating standards and as such it might be necessary for Machines Cash to temporarily pause or limit or permanently terminate or limit activities involving your Account.
Machines Cash may also, in our sole discretion and without notice or liability to you, alter, amend, restrict, modify or terminate the Services or any functionality or portion of the Services. You understand that there is no guarantee that the Services or any portion, feature or functionality will continue to operate or be available for any particular period of time. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Services at any time without notice but confirm that we have no duty to do so.
The Services (including the Website or any customer service/technical support tool), and their underlying components, may contain open source and public domain content, licensed content as well as proprietary content owned by us and by third-party independent providers, with all rights reserved. You are not permitted to copy or distribute any content (including but not limited to text, graphs, software code, images, trademarks, videos or audio) on or underlying the Services (including the Website or any customer service/technical support tool) without the express consent of the owner.
The Services (including the Website or any customer service/technical support tool) and their contents are protected by copyright, trademark and other laws of Canada, the United States and foreign countries. All rights, title and interest in and to the Services (which includes our web and online applications) are and will remain the exclusive property of Machines Cash and our licensors. Without limiting the foregoing, you are not permitted to use any of our trademarks or trade names, including our logo, without our express permission. You agree not to reproduce, modify or prepare derivative works, distribute, sell access to or retransmit our Services or their contents except with our express permission.
The Services (including the Website) may allow you and other customers the ability to upload and post content ("User Content"). You hereby grant us a non-exclusive, transferable, irrevocable, sub-licensable, royalty-free, worldwide license to use any of your User Content in order to facilitate the ordinary use of the Services. You also agree not to use the Services, or upload User Content in any manner which is unlawful, offensive, threatening, libelous or in violation of these Terms. We may remove or suspend Accounts that we determine in our sole discretion to be operating unlawfully, damaging, or in violation any third party's rights, these Terms or any Machines Cash policy.
In using our Services, you may view content provided by third parties (including other customers) or links to web pages of such parties ("Third-Party Content"), including but not limited to Facebook, LinkedIn, TikTok, Discord, and Twitter links. We do not produce, control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
The Services may provide links to third-party sites and content that are not owned or monitored by us ("Third-Party Services"). We make no representations about any Third-Party Services that may be accessed from the Services. We do not produce, endorse, approve or guarantee the accuracy of any content on the Third-Party Services, and when visiting them, you will no longer be governed by the Terms. You should familiarize yourself with and are responsible for reading and understanding the terms and conditions of any Third-Party Services.
The Terms are governed by the laws of the State of Delaware, USA, without reference to any conflicts of law rules that would direct the application of the laws of any other jurisdiction. Any dispute under the Terms that is not resolved pursuant to the arbitration provision (if any) of the Terms may be submitted to a court of competent jurisdiction in the State of Delaware.
If any provision of the Terms is found to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of the Terms will remain in full force and effect. The invalidity, illegality, or unenforceability of any provision hereof does not affect the validity, legality, or enforceability of the remaining provisions of the Terms.
The Terms, including any documents incorporated herein by reference, constitute the entire agreement between you and Machines Cash with respect to the subject matter hereof. The Terms supersede all prior or contemporaneous agreements between you and Machines Cash with respect to the subject matter hereof.
The failure of either party to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach of the Terms shall be deemed a waiver of any subsequent breach.
The headings in the Terms are for convenience only and shall not affect its interpretation.
You may not assign or transfer the Terms, or any rights or obligations hereunder, without the prior written consent of Machines Cash. Any attempted assignment or transfer in violation of the foregoing will be void. Machines Cash may assign or transfer the Terms, or any rights or obligations hereunder, without restriction.
The Terms do not create any agency, partnership, joint venture, or employment relationship between you and Machines Cash, and you do not have any authority of any kind to bind Machines Cash in any respect whatsoever.