Legal Resources
EukaPay Send Terms of Service
Last Updated: January 27, 2025
Introduction
These Terms of Service (the “EukaPay Send Terms of Service”) govern the use of the products, services or any other features, technologies or functionalities related to services that enable you to send cryptocurrency to recipients (“Services”) provided by NUCL Technologies US Inc. and NUCL Technologies Inc. (“EukaPay,” “we,” “our,” or “us”). These Services are made available through EukaPay’s website, APIs, or other channels we designate (“Platform”). By accessing, registering for, or using the Services or Platform, you (“Business Customer,” “you,” or “your”) expressly agree to comply with and be legally bound by these EukaPay Send Terms. You confirm that you have read, understood, and accepted all provisions herein, including, but not limited to, Section 32: Governing Law, Jurisdiction, and Dispute Resolution through Arbitration.
Scope
These Terms of Service (the “EukaPay Send Terms”) govern all interactions with and use of the EukaPay Send platform and related Services (collectively referred to as the “EukaPay Send Services”) provided by NUCL Technologies US Inc. for users located in the United States and NUCL Technologies Inc. for users located outside the United States. These Terms establish the rights, obligations, and responsibilities associated with your use of the EukaPay Send Services, including but not limited to registration, payment processing, and account management.
The Terms also apply to any current or future functionalities, technologies, or features introduced as part of the EukaPay Send Services. By accessing or using the EukaPay Send Services, you agree to be bound by these Terms, which supersede any other agreements or terms unless explicitly stated otherwise in writing by NUCL Technologies Inc. (“EukaPay,” “we,” “our,” or “us”).
EukaPay reserves the right to modify, enhance, or discontinue any aspect of the EukaPay Send Services at its sole discretion and without prior notice. The availability of specific features or services may vary based on jurisdiction, and we are under no obligation to provide the EukaPay Send Services in all locations. It is your sole responsibility to ensure that your use of the EukaPay Send Services complies with all applicable laws and regulations in your jurisdiction.
Please read these Terms of Service carefully to ensure that you understand each provision.
Our Services
EukaPay Contracting Entity
Eligibility; Amendments
This Agreement is entered into between you and EukaPay. Your access to and use of the Website and Services is strictly conditioned upon your acceptance of these Terms of Service (“Terms”) in their entirety, without modification. If you do not agree to these Terms, you are not authorized to access or use the Website or Services. By using the Website or Services, you affirm that you are legally capable of forming a binding contract with EukaPay and that your use complies fully with these Terms and all applicable local, provincial, state, federal, national, and international laws, regulations, and rules.
Access to or use of the Website and Services is strictly prohibited for any individual under the age of eighteen (18) years. Such access constitutes a direct violation of these Terms of Service. Additionally, the Website and Services are not available to any individual or entity previously suspended or removed from the Website or Services by EukaPay. Any attempt to access or use the Services in violation of these restrictions is unauthorized and subject to enforcement action by EukaPay.
Representations and Warranties.
By accessing or using the Website or the Services, you represent and warrant the following:Authority and Capacity
The individual accepting these Terms on behalf of the Business Customer is of the age of majority and possesses the requisite power, capacity, and authority to legally bind the Business Customer to these Terms.You affirm that you have all necessary rights, powers, authority, and ability to enter into and comply with the obligations set forth in these Terms, as well as to utilize the Services in accordance with their intended purpose.
Legal Entity Standing
If the Business Customer is a legal entity, it represents and warrants that it is duly organized, validly existing, and in good standing under the laws of its jurisdiction of incorporation or formation.The Business Customer further affirms that it is duly qualified and remains in good standing in all jurisdictions where its business activities necessitate such qualification, ensuring compliance with local laws and regulations.
Compliance with Laws and Regulations
You represent and warrant that your use of the Website and Services fully complies with all applicable international, federal, state, provincial, and local laws, including but not limited to tax regulations and reporting obligations.You affirm that your use of the Services aligns with all applicable anti-money laundering (AML) and counter-terrorist financing (CTF) laws, as well as any sanctions programs that may apply based on the jurisdictions in which you operate.
Your use of the Services is governed by your own internal compliance programs for AML, CTF, and sanctions. This includes full adherence to any applicable regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) or other relevant authorities.
You are solely responsible for ensuring that your activities remain compliant with all relevant laws and regulations and for updating your compliance programs as necessary to reflect any legal or regulatory changes.
Tax Compliance
You are solely responsible for determining, reporting, withholding, and remitting any taxes applicable to your use of the Services. EukaPay assumes no responsibility for your tax obligations and disclaims liability for any non-compliance on your part.Good Faith Transactions
All payment transactions you initiate must represent genuine and lawful purchases of goods or services. Your use of the Services must comply with these Terms and all other applicable legal and contractual obligations.Accuracy of Information
You agree that all information you provide to EukaPay will be accurate, complete, and up-to-date at all times. You are responsible for promptly notifying EukaPay of any changes to maintain the accuracy and completeness of your information.Independent Use
You confirm that you are using the Services solely on your own behalf or on behalf of the Business Customer associated with your account, and not under the instruction or request of any third party.We may amend and update these Terms of Service at any time in our discretion without your consent by posting a revised version of these Terms of Service. The updated Terms will be effective at the time we post it, except if the revised Terms of Service include a substantial change affecting your rights, in which case we will provide you with at least 30 days’ prior notice of the revised Terms of Service. Your continued use of the Website and/or the Services following an amendment to the Terms of Service constitutes acceptance of the amended Terms of Service. You should check these Terms of Service frequently to ensure that you have reviewed the latest version. If we make any changes, we will revise the Last Updated date above.
Access and Use of Our Website and the Services
As long as you agree to and comply with these Terms of Service, EukaPay grants to you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable and limited right to enter and use the Website and the Services.
Depending on your country of residence, you may not be able to use all the functions of the Website or the Services. It is your responsibility to follow those rules and the applicable laws in your country of residence and/or country from which you access the Website and the Services.
Unless otherwise agreed to by EukaPay, you may use the Services only for the purposes identified in this section. You may not:
license, sell, rent, lease, transfer, assign, distribute, host, modify, transmit, use or reuse any part of the Website or the Services or any content made available through the Website or the Services for any public or commercial purpose without the written consent of EukaPay, which EukaPay may withhold in its sole discretion;
remove any all copyright and other proprietary notices on material downloaded and/or copied from the Website or the Services;
access or use the Website or the Services in any way that could or is intended to damage or impair the Website or the Services, or any server or network underlying the Website or the Services;
interfere with anyone else’s use and enjoyment of the Website and the Services;
access the Website or the Services in order to build a similar or competitive website, product, or service; or
attempt to reverse engineer, modify, disassemble, reverse compile or create a derivative work of any component of the Website or the Services.
You acknowledge and agree that we have no obligation to provide you with any support or maintenance in connection with the Website and the Services.
You will choose a password when registering for your Account. You are responsible for maintaining the confidentiality of your password and Account access credentials. You are fully responsible for all activities that occur with the use of your password or Account. Please notify us immediately if you become aware of any unauthorized use of your password or Account or any other breach of your security which may compromise your password or Account. You may not allow third parties or unauthorized users to use your Account. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. You may notify EukaPay of a security breach regarding your password or Account by emailing support@eukapay.com or using EukaPay’s support wizard: https://support.eukapay.com.
Prohibited Use and Business
Prohibited Use: In connection with your use of the Services, and your interactions with other users and third parties, you agree you will not engage in the following Prohibited Uses. This list is non-exhaustive and we reserve the right to modify it at any time. It is within our sole discretion to determine whether an activity falls into one of these categories. If you are uncertain as to whether or not your use of the Services involves a Prohibited Use or have questions about how these requirements apply to you, please contact us at https://support.eukapay.com.
Unlawful Activity: Actions which violate, or would assist in violation of, any law, statute, ordinance, or regulation, including applicable sanctions programs including but not limited to those maintained by the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), or which would involve proceeds of any unlawful activity; activity which would publish, distribute or disseminate any unlawful material or information.
Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to our computer systems, networks or sites that contain viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to our computer systems, networks or sites or our other customers’ Accounts, computer systems or networks connected to us, through any other means; interfere with another individual's or entity's access to or use of the Services; use information of another party to access or use our computer systems, networks or sites, except in the case of specific Business Customers which are specifically authorized by a user to access such user's Account and information; transfer your Account access or rights to your Account to a third party, unless by operation of law or with the express written permission of EukaPay; or harvest or otherwise collect information from our computer systems, networks or sites about others, including without limitation email addresses, without proper consent.
Abusive Actions Against Others: Actions which defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hateful or violent acts against others.
Fraud: Actions which operate to defraud us, our users, or any other person; provide any false, inaccurate, or misleading information to us.
Intellectual property infringement: Transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of any EukaPay intellectual property, name, or logo, including use of EukaPay trade or service marks, without express consent from EukaPay or in a manner that otherwise harms EukaPay or any EukaPay brand; any action that implies an untrue endorsement by or affiliation with EukaPay.
Prohibited Business: In addition to the Prohibited Uses, you may not use the Services in connection with any of the following categories of businesses, business practices, or items for sale. Most Prohibited Business categories are imposed by the requirements of our banking providers or regulators. This list is non-exhaustive and we reserve the right to modify it at any time. It is within our sole discretion to determine whether an activity falls into a Prohibited Business category. If you are uncertain as to whether or not your use of the Services involves a Prohibited Business category, or have questions about how these requirements apply to you, please contact us at https://support.eukapay.com.
Weapons, arms dealing or defence company;
Illegal activities of any type, including:
Dealing illegal drugs;
Human trafficking;
Unlicensed gambling;
Money laundering;
Terrorist financing;
Fraud and other financial crimes.
Shell Banks;
Shell companies and/or companies that do not appear to serve any legitimate economic purpose;
Any person or entity believed to be attempting to use EukaPay to conduct or be paid for illegal activities;
Any person or entity that has is the subject of relevant sanctions levied by the U.N. and/or Canadian government; and
Any other business category deemed to be outside of EukaPay’s risk tolerance at the discretion of the Compliance Officer and Management.
You further agree that you will not use the Services for, or otherwise accept payments in connection with the following businesses, business activities or business practices:
Deceptive marketing activities, including:
Negative response marketing,
Telemarketing,
Chain letters,
“Get rich quick” schemes,
Multi-level marketing or pyramid schemes,
Telemarketing,
Collection agencies,
Sharing users data with another business for payment of up-sell or cross-selling without consent
Illegal products, sporting and drug-related activities, including:
Illegal sports forecasting or odds making,
Illegal marijuana dispensaries and related businesses,
Illegal products or services,
Counterfeit goods (e.g. knock-offs, imitations, bootlegs),
Substances designed to mimic illegal drugs,
Bail bonds;
Cheque cashing;
Evading any chargeback monitoring programs;
Mail-order bride;
Products/services intended to inflict or promote revenge, harassment, and other forms of abuse, humiliation and intimidation; and
Any other business category deemed to be outside of EukaPay’s risk tolerance at the discretion of the Compliance Officer and Management.
Location of Website and Services
The Website and the Services are controlled and operated from facilities in Canada. EukaPay makes no representations that the Website or the Services are appropriate or available for use in other locations. Those who access or use the Website or the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local, provincial, state, federal, national, and international laws and regulations, including but not limited to export and import regulations. You may not use the Website or the Services if you are a resident of a country embargoed by the government of Canada, the United States or the European Union or are a foreign person or entity blocked or denied by the Canadian or United States government. You may not use this Website or the Services if you are a resident of a country which has been sanctioned by the United Nations. Unless otherwise explicitly stated, all materials found on the Website and the Services are solely directed to individuals, companies, or other entities located in Canada.
While the information on the Website is intended to have broad applicability, certain details are specific to particular countries or regions. Although we strive to clearly label all country- or region-specific content with an appropriate designation, we make no representations or warranties that any information about the Services, unless explicitly marked otherwise, applies universally across all jurisdictions.
Our Regulatory Compliance
NUCL Technologies US Inc. DBA EukaPay is subject to U.S. laws and regulations. This includes the Bank Secrecy Act, the economic and trade sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the United States Department of the Treasury, the USA PATRIOT Act, and other anti-money laundering (AML) and anti-terrorist financing (ATF) laws. EukaPay is also a registered Money Service Business with the Financial Crime Enforcement Network of the U.S. Department of the Treasury (FinCEN) and is a licensed money transmitter in the U.S. states where applicable law requires it to be licensed. Under applicable laws and regulations, EukaPay is required to maintain a comprehensive AML/ATF/OFAC Sanctions compliance program.
NUCL Technologies Inc. DBA EukaPay is subject to Canadian laws and regulations, including the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA), regulations administered by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC), and other applicable anti-money laundering (AML) and anti-terrorist financing (ATF) laws. EukaPay is registered as a Money Services Business (MSB) with FINTRAC and complies with provincial licensing requirements where applicable. As required by law, EukaPay maintains a comprehensive AML/ATF compliance program.
Registration and Account Setup
Account Creation
To use EukaPay's Services, you must create a business account (the "Account"). During the registration process, you are required to provide accurate and complete information, which may include:
Business details such as name, mailing address, physical address, phone number, email address, legal name, fictitious name (DBA), and company website.
Information about the ultimate beneficial owner(s) or individuals having significant control over the business.
EukaPay may also request additional documentation to verify your identity and assess business risk. This may include:
Government-issued identification.
Tax identification number.
Corporate formation documents.
Bank statements or letters of good standing.
Information regarding your Recipients.
Information Accuracy and Updates
The information provided during account creation must be accurate and complete. You must notify EukaPay within ten (10) business days of any changes. Failure to provide or maintain accurate and complete information may result in the rejection, suspension, or closure of your Account or restrictions on Services.Verification of Information
EukaPay, or a service provider acting on its behalf, may verify the information you provide against third-party sources, including your name, address, phone number, and other Account details, to help protect against fraud or misuse.Security of Login Credentials
You are solely responsible for maintaining the confidentiality of your login credentials and ensuring they are not shared with unauthorized individuals. Only authorized representatives of your business and EukaPay may use the credentials. EukaPay is not obligated to verify the identity or authority of anyone using your login credentials.
You must notify EukaPay immediately if you suspect or become aware of:Unauthorized use of your login credentials.
Loss, theft, or compromise of your login credentials.
Ownership and Suspension of Credentials
All login credentials remain the property of EukaPay and may be canceled or suspended at any time without prior notice or liability to you or any third party.Payouts
Payout Eligibility and Recipient Verification
Before receiving a Payout, and in compliance with EukaPay’s requirements, your Recipient must complete identity verification by providing their full name and any additional information requested by EukaPay. As part of this process, the Recipient is also required to submit a valid cryptocurrency wallet address to facilitate the receipt of Payouts.
EukaPay will verify that the cryptocurrency address provided by the Recipient is valid, does not appear on applicable sanctions lists, and meets our risk assessment criteria. However, EukaPay does not guarantee that the address belongs to the intended Recipient or that the Recipient has access to the private keys associated with the wallet. EukaPay is not responsible for any errors related to any provided address.
Recipients must possess a cryptocurrency wallet to have a valid cryptocurrency address. EukaPay does not mandate the use of any specific wallet, allowing recipients the freedom to select a cryptocurrency wallet of their choice.
Regardless of the cryptocurrency wallet chosen, EukaPay neither controls nor has access to the private keys associated with such wallets. As a result, EukaPay has no control over or access to the Recipient’s funds. EukaPay disclaims any responsibility or liability for the Recipient’s selection or use of any cryptocurrency wallet.
EukaPay bears no responsibility for, and cannot assist in recovering, any cryptocurrency funds lost due to a compromised wallet. This includes losses resulting from unauthorized access to private keys, accidental sharing of backups, device or wallet software bugs, or malicious attacks on the wallet software. If a Payout is made to a wallet that subsequently becomes compromised or inaccessible, you are solely responsible for addressing any related inquiries or claims. EukaPay will not intervene or mediate in such matters.
Managing Payout Transactions
Payouts will only be processed if your Account balance has sufficient funds at the time the Payouts are initiated. During the onboarding process, EukaPay will provide detailed instructions for funding and maintaining your Account. Payouts will be sent according to the schedule outlined in EukaPay’s FAQs: how-to-send-out-crypto-payouts.
EukaPay reserves the right to modify the payout schedule at its discretion, and any changes will be reflected in the updated FAQ.EukaPay will lock the cryptocurrency exchange rate at the time your Payout request is executed. By using the Services, you acknowledge and accept that you assume the volatility risks associated with the fiat or cryptocurrency balances in your Account. EukaPay will cess the Payout based on the locked exchange rate and deduct the applicable amount, including any associated processing fees, from your Account Balance. However, EukaPay makes no guarantees regarding the value or stability of the U.S. Dollar, Canadian Dollar, Euro, or any other fiat currency relative to any benchmark or exchange rate.
EukaPay evidences the payment of cryptocurrency to a Recipient through public blockchain records and provides confirmation reporting via the Payout Table available in your EukaPay account. These records serve as verification of the transaction's completion.
If a Payout cannot be completed according to your instructions, EukaPay will hold the associated funds. These funds will either be returned to you or retained in your Account for future use in funding the Payout, pending receipt of updated instructions from you.
Payout Confirmation and Irreversibility
EukaPay processes Payouts strictly according to the instructions you provide. You bear full responsibility for the content and accuracy of your Payout requests. It is essential that you carefully review and verify all transaction details before submitting instructions to EukaPay, as transactions, once initiated, cannot be canceled or reversed.
Fees
Cryptocurrencies
Taxes
Suspicious Use and Right to Reject a Transaction
Is unauthorized or in breach of these ‘EukaPay Send Terms’ or any agreement between 'EukaPay' and the Merchant or Customer.
Poses a risk to the security or integrity of the Services, or to the interests of you, other Merchants, Customers, or processors.
Is suspected of being associated with fraudulent activity, money laundering, terrorist financing, or any other criminal acts.
Complaints
Recipient
If we receive a complaint from a Recipient, we will send it to you for resolution. We reserve the right to terminate Business Customer accounts that receive excessive complaints (see Section 15. (b), Our Right to Suspend or Close Your Account).
Business Customer
If you wish to register complaints regarding our Services, you should contact us via:
For EukaPay Customers:
Website: https://support.eukapay.com
Phone: 1-647-277-4646Account Suspension and Closure
Your Right to Close Your Account
You have the right to close your Account at any time. However, any fees incurred prior to the closure will remain your responsibility and must be paid in full.
If your Account has a remaining balance that is not associated with pre-closure payouts, EukaPay will return those funds to you. The returned amount will be subject to applicable transaction fees, especially if the balance falls below our documented minimum transfer amount. EukaPay reserves the right to verify the identity of the Account holder and confirm the legitimacy of the funds prior to processing the closure.
Our Right to Suspend or Close Your Account
EukaPay reserves the right, at its sole discretion, to permanently or temporarily terminate or suspend your access to the Website, Services, or your Account, with or without notice and without liability, for any reason or no reason, including but not limited to:
Your use or attempted use of your Account for unlawful or improper activity in violation of applicable laws or regulations
Your engagement in fraudulent or suspicious activities through your Account.
Your cessation of operations, transfer of substantially all assets, or occurrence of bankruptcy or insolvency.
Your breach of these Terms of Service.
If your Account remains inactive for more than twelve consecutive months (no Payout activity), EukaPay reserves the right to suspend the Account and disable processing capabilities. Information on reactivation will be provided.
Effect of Account Suspension or Closure
Upon termination, regardless of the reason:
You must immediately discontinue all use of the Services and fulfill any outstanding obligations, including payment of any fees incurred prior to termination.
You agree that EukaPay will not be liable for any damages, losses, or compensation related to the termination or suspension of your access to the Website, Services, or Account.
EukaPay will return any balance in your Account, unless it is subject to applicable transaction fees, legal restrictions, or other obligations.Certain Account information and data will be retained as required under applicable laws and regulations.
Copyrights, Trademarks, And Other Rights
The Services, including but not limited to the Website, its design, text, graphics, content, videos, audio, and their arrangement (excluding any User Content), as well as all associated intellectual property rights (collectively referred to as the "EukaPay Content"), are the exclusive property of EukaPay, its subsidiaries, affiliates, and authorized third-party providers or distributors ("Third Parties"). The EukaPay Content is protected by all applicable laws, including but not limited to copyright and intellectual property laws. Except as explicitly permitted under these Terms of Service, no rights or licenses are granted to you to copy, reproduce, distribute, display, modify, create derivative works from, or otherwise exploit the EukaPay Content or any related intellectual property. Any unauthorized use without the prior written consent of EukaPay or the applicable Third Party is strictly prohibited.
EukaPay’s trademarks, logos, and design marks displayed in connection with the Services (collectively, the "Trademarks") are the exclusive property of EukaPay and are either registered or protected as common law trademarks. Under these Terms of Service, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Trademarks solely to indicate that your customers may utilize EukaPay's Services for cryptocurrency payments. This license is strictly limited to the purpose described and does not grant any additional rights or permissions, whether express or implied, to use the Trademarks or any other intellectual property owned by EukaPay. Any use of the Trademarks beyond the scope of this license requires EukaPay's prior written consent. Unauthorized use is prohibited and may result in the termination of this limited license.
EukaPay retains exclusive ownership of all rights, title, and interest in and to the Services, including, but not limited to, the underlying software, technology, content, service marks, logos, website, and any other materials developed or provided by EukaPay (collectively, the "EukaPay IP"). Under these Terms of Service, you are granted a limited, personal, revocable, non-exclusive, and non-transferable license to use the EukaPay IP solely for the purpose of offering the Services to your Recipients, as explicitly outlined in the EukaPay Send Terms. This license does not permit and strictly prohibits any unauthorized actions, including but not limited to renting, leasing, sublicensing, distributing, transferring, copying, reproducing, downloading, displaying, modifying, using for commercial purposes, or creating derivative works based on the EukaPay IP, unless expressly authorized in writing by EukaPay.
While your Account with EukaPay remains active, you are authorized to use the EukaPay Marks solely in compliance with the EukaPay Brand Guidelines, which may be updated periodically by EukaPay. It is your responsibility to review and adhere to the most recent version of the Brand Guidelines, and EukaPay will provide notice of any updates. If EukaPay determines that your use of the EukaPay Marks is inconsistent with the Brand Guidelines or otherwise objectionable, you will be required to immediately cease such use upon notification. Failure to comply with the Brand Guidelines constitutes a breach of these Terms. Any goodwill generated from your use of the EukaPay Marks shall exclusively benefit EukaPay.
Comments and Feedback
Your submission is non-confidential, unsolicited, and provided without expectation of compensation or obligation on the part of EukaPay.
You grant EukaPay a perpetual, worldwide, royalty-free, irrevocable, transferable, sublicensable, non-exclusive, and fully paid-up right to use, reproduce, modify, adapt, publish, translate, display, distribute, market, promote, sell, or create derivative works from your Idea, in any form or medium now known or later developed. This includes the right to incorporate your Idea into existing or future products or Services and to pursue any associated intellectual property rights.
EukaPay may use your Idea without any obligation to provide further acknowledgment or compensation to you.
You waive any claims against EukaPay for infringement of proprietary rights, moral rights, or other similar rights in connection with the use of your Idea.
Third-Party Links, Services and Information
The Website and Services may contain links to, or provide access to, third-party materials, services, or promotions that are not owned, operated, or endorsed by EukaPay. Your access to and use of such third-party websites, services, or content is undertaken entirely at your own risk. These Terms of Service and EukaPay’s Privacy Policy do not govern your interactions with third-party entities.
EukaPay expressly disclaims any responsibility or liability for third-party websites, products, services, or promotions. Any dealings you engage in with third-party advertisers or service providers, including but not limited to payments, delivery of goods, or fulfillment of warranties, are solely between you and the respective third party. EukaPay does not provide any guarantees or assume any obligations in connection with such dealings.
If you choose to access additional services, products, or promotions provided by third parties through the EukaPay Website or Services, you are solely responsible for reviewing and understanding the terms applicable to those offerings. EukaPay shall not be held liable for any loss, damage, or issues that arise from your reliance on or use of third-party services..
No Professional Advice
Security
Privacy
Indemnification
Your use of or access to the Website and Services, including any acts or omissions by you, users of your account, or any data or content transmitted or received by you;
Your violation of any part of these Terms of Service, including, without limitation, your breach of any of your representations and warranties;
Your violation of any third-party right, including, without limitation, any right of privacy or intellectual property rights;
Your violation of any applicable law, rule, or regulation;
Any User Content that you submit to the Website or the Services;
Your wilful misconduct; or
Any third party's access to or use of the Website or Services using your unique username, password, or other security credentials.
Disclaimers; No Warranties
The Website and the Services are provided on an “as is” and “as available” basis with all faults. Use of the Website and the Services is at your own risk. To the maximum extent permitted by applicable law, the Website and the Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from a EukaPay Party or through the Website or the Services will create any warranty not expressly stated herein. Without limiting the foregoing, the EukaPay Parties do not warrant that the content is accurate, reliable or correct; that the Website and the Services will meet your requirements; that the Website and the Services will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Website and the Services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Website or the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Website or the Services.
EukaPay does not warrant, endorse, guarantee, or assume responsibility for any product or site advertised or offered by a third party through the Website or the Services or any hyperlinked website or site, and EukaPay will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
We may, without prior notice, change the Website or the Services; stop providing the Website or the Services or features of the Website or the Services to you or to users generally; or create usage limits for the Website or the Services. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or the Services or any part thereof.
Assumption of Risk; Limitation of Liability
Hacking, tampering, or other unauthorized access to or use of the Website, Services, or any information stored therein.
Errors, mistakes, or inaccuracies in the content provided.
Personal injury or property damage of any nature resulting from your access to or use of the Website or the Services.
Unauthorized access to or use of our secure servers and/or any personal information stored therein.
Interruption or cessation of transmission to or from the Website or Services.
Bugs, viruses, Trojan horses, or similar malicious elements that may be transmitted to or through the Website or Services by any third party.
Errors or omissions in any content, or any loss or damage incurred as a result of content being posted, emailed, transmitted, or otherwise made available through the Website or Services.
User Content or the defamatory, offensive, or illegal conduct of any third party.
Limitations as Allowed by Law
Set-off
Record Keeping and Inspection of Records
To the extent required by applicable laws and regulations, EukaPay will maintain records of all documentation and information associated with your Account for the duration of its active use and for a period following the closure of your Account, as mandated by applicable legal and regulatory requirements.
As required by applicable laws and regulations, you must retain all records necessary to fulfill orders for goods or services and to provide post-sale support to your Customers. EukaPay, its auditors, regulators, or other relevant authorities may request access to and inspection of your business records. Such requests may be made with reasonable advance notice or, if required by law or regulatory authorities, with immediate effect. Failure to comply with such requests may result in the suspension or termination of your Account, as well as other actions necessary to ensure compliance with applicable legal and regulatory obligations.
Information Sharing
EukaPay may share information about your Account, related activities, and transactions with law enforcement, regulators, and government agencies when required by law. Similarly, you are permitted to share relevant information about EukaPay’s services with such authorities as needed.Information Sharing
Press Release
Advertising and Marketing
With your prior written approval, we may publish your corporate name, URL, artwork, text, logo, case studies, and other publicly available information about your business ("Content") in EukaPay's promotional materials, marketing channels and business directory. A third party may use EukaPay's publicly available Content and tailor the data to create entries for directories or other channels, and the data listed on third-party directories or channels will be subject to separate third-party terms of use. We may also request a testimonial or quote in the form of a blog post, promotional material, press release, or interview, and/or a reference. You have no obligation to provide Content, a testimonial, quote or reference. If the Parties wish to engage in an advertising or marketing campaign together, they will execute a separate marketing agreement.
You represent and warrant to us that you have the right to provide the Content to us, and that the use, copying, modification and publication of the Content by us: (a) will not infringe, violate or misappropriate any third-party copyright, patent, trade secret or other proprietary rights, (b) will not infringe any rights of publicity or privacy, and (c) will not be defamatory or otherwise violate any law.
Non-Waiver
Severability
If any provision of these EukaPay Send Terms is found to be invalid, illegal, or unenforceable by any law, regulation, or court of competent jurisdiction, such determination shall not impact the validity, legality, or enforceability of the remaining provisions. The unaffected provisions shall remain in full force and effect and continue to govern the Parties' rights and obligations under these Terms.
In instances where a provision is deemed invalid or unenforceable, it shall, to the extent permitted by law, be replaced with a valid and enforceable provision that closely reflects the original intent and purpose of the invalid provision.
Governing Law; Jurisdiction; Dispute Resolution through Arbitration
Dispute Resolution for Contracts with NUCL Technologies US Inc. DBA EukaPay
The EukaPay Send Terms, as well as any dispute or claim arising out of or relating to them, their subject matter, or their formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the United States of America. To the extent no federal law applies, the laws of the State of Delaware shall govern.
Arbitration
In the event of a disagreement or dispute involving the Services or the EukaPay Send Terms, and if such disagreement cannot be resolved amicably between the Parties after reasonable efforts, the matter shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA). The arbitration will:Be conducted in the State of Delaware, U.S., or at a location mutually agreed upon by the Parties;
Be presided over by a single arbitrator appointed in accordance with the AAA's applicable Rules and Procedures;
Be conducted in the English language.
Class Action Waiver
Arbitration proceedings shall be conducted solely on an individual basis, and no claims shall be arbitrated on a class, collective, or representative basis.
The arbitrator may not consolidate or join disputes involving more than one party and may not otherwise preside over any form of a representative or class proceeding.
Limitations Period
Severability
Dispute Resolution for Contracts with NUCL Technologies Inc. DBA EukaPay
These Terms of Service are entered into in the Province of Ontario and shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the applicable laws of Canada. Subject to Section 32(b)(ii), you irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario, or any other judicial district or jurisdiction designated by EukaPay, in connection with any and all disputes, controversies, or claims arising out of or relating to these Terms of Service, the Services, or their subject matter. You further agree to the following:
Limitation Period: Any claim or action to enforce these Terms of Service must be initiated within two (2) years from the date the cause of action arose
Limitation on Damages: Recovery in connection with any claim will be limited to direct out-of-pocket expenses. No punitive, incidental, or consequential damages may be sought or awarded, except that the prevailing party shall be entitled to reasonable costs and legal fees.
Individual Actions Only: All claims must be brought individually and not as part of any class action, group claim, or representative proceeding.
Arbitration
Any controversy, dispute, disagreement, or claim arising out of, relating to, or in connection with these Terms of Service, the Services, or any breach thereof—including any question regarding their existence, validity, or termination—shall be resolved exclusively through final and binding arbitration conducted under the Arbitration Act, 1991 (Ontario) (the “Act”). The arbitration shall be governed by the following provisions:Selection of Arbitrator: A single arbitrator shall be appointed in accordance with the Act.
Cost Allocation: The parties shall equally share the arbitrator’s fees and any facility fees. Each party shall bear its own legal costs and expenses, unless otherwise determined by the arbitrator. The arbitrator shall have the authority to award fees, costs, and expenses in their decision.
Language of Arbitration: The arbitration proceedings shall be conducted in English.
Finality of Decision: Any decision rendered by the arbitrator shall be final and binding on the parties and their respective successors and assigns. The decision shall not be subject to appeal on questions of law, fact, or mixed questions of law and fact.
Equitable Relief
Notwithstanding the foregoing, EukaPay reserves the right to seek injunctive or equitable relief in a court of competent jurisdiction for any breach of confidentiality obligations, intellectual property violations, or other matters where such remedies may be appropriate. Such rights shall not be restricted by the arbitration provisions of this Section.Entire Agreement; Language
Surviving Provisions
Notwithstanding the expiration or termination of the Terms, those rights and obligations that are stated to or which by their nature are intended to survive such expiration or termination shall survive, including Sections 1-34.
Updates to EukaPay Send Terms:
EukaPay reserves the right to modify these EukaPay Send Terms at any time. Any changes will be indicated by updating the "Last Updated" date at the top of these Terms. In the event of material changes, we will notify you through email or other suitable means. Unless stated otherwise, the updated EukaPay Send Terms will take effect immediately upon posting. Your continued use of the Services following such amendments constitutes your acceptance of the revised Terms. If you do not agree to the updated EukaPay Send Terms, you are required to discontinue your use of the Services immediately.
Force Majeure:
EukaPay shall not be held responsible or liable for any errors, delays, losses, or damages resulting from events beyond our reasonable control (each, a “Force Majeure Event”).
Force Majeure Events include, but are not limited to:
Natural disasters such as floods, extraordinary weather conditions, earthquakes, or other acts of God;
Fires, wars, insurrections, or riots;
Labour disputes or industrial actions;
Accidents or actions by governmental authorities;
Power outages, communication failures, or disruptions;
Malfunctions of equipment, systems, or software.
In the event of a Force Majeure Event, EukaPay will make reasonable efforts to mitigate the impact but will not be liable for any resulting disruptions to the Services.
Confidentiality:
“Confidential Information” refers to any information disclosed by one Party (“Disclosing Party”) to the other Party (“Receiving Party”) that:
(a) is marked as “Confidential” or “Proprietary” if disclosed in tangible form, or, if not marked, is reasonably understood as confidential from the context of the disclosure or its nature;
(b) is declared as confidential when disclosed orally or visually, or is otherwise reasonably understood as confidential; or
(c) is expressly designated as Confidential Information under these EukaPay Send Terms.Confidential Information includes, but is not limited to, information accessed via the EukaPay API, technical specifications, processes, and all Business Customer data. Each Party agrees to maintain the confidentiality of the other Party’s confidential Information, refraining from disclosing it to third parties or using it for any purpose other than fulfilling its obligations under these Terms.
Confidential Information does not include information that:
(a) was known to the Receiving Party before disclosure by the Disclosing Party;
(b) becomes publicly available through no fault of the Receiving Party;
(c) is lawfully received from a third party without restrictions on disclosure; or
(d) is independently developed by the Receiving Party without reference to or knowledge of the Disclosing Party’s Confidential Information.Notwithstanding the confidentiality obligations stated above, a Party may share confidential Information with an affiliate if the other Party requests services from such an affiliate, provided that the affiliate agrees to be bound by the terms of this Section.
If disclosure of confidential information is required by a court, government agency, regulatory body, or similar authority, the Party subject to the requirement shall promptly notify the Disclosing Party upon becoming aware of such requirement, unless prohibited by law.
The Party shall make reasonable efforts to prevent disclosure, and if disclosure is unavoidable, seek confidential treatment or protection of the disclosed information through appropriate legal or regulatory measures. The confidentiality obligations outlined in this Section shall survive the expiration or termination of the EukaPay Send Terms and remain in effect until the Confidential Information becomes publicly available through no fault of the Receiving Party.
No Joint Venture or Agency:
Nothing in these EukaPay Send Terms is intended to, or shall be construed to, establish any partnership, joint venture, or other form of joint enterprise between the Parties. Except for the limited agency relationship explicitly outlined in Section 1, neither Party shall be considered an agent, legal representative, or employee of the other for any purpose.
Business Days Defined:
For the purposes of these EukaPay Send Terms, a "business day" refers to standard business hours on any day except Saturday, Sunday, or, in the case of NUCL Technologies US Inc. DBA EukaPay, federal holidays observed in the United States, and, in the case of NUCL Technologies Inc. DBA EukaPay, federal holidays observed in Canada.
NUCL Technologies Inc. (“EukaPay,” “our,” “we,” or “us”) operates as a blockchain-based cryptocurrency payment processor. It is important to note that EukaPay does not function as a cryptocurrency exchange, custodial wallet, or provider of cryptocurrency custody services. The Services are designed to facilitate cryptocurrency payments (“Payouts”) by enabling you (“Business Customer,” “you,” or “your”) to disburse cryptocurrency to your designated payout recipients, such as employees, contractors, or vendors (“Recipients”).
By utilizing the Services, you expressly authorize EukaPay to act as your agent for the purposes of receiving funds and disbursing cryptocurrency to Recipient wallet addresses as instructed by you. In providing these Services, EukaPay may take any actions it deems necessary or appropriate to fulfill its obligations effectively and ensure the successful delivery of Payouts
For legal entities based in the United States, these EukaPay Send Terms (“Terms”) are entered into between you and NUCL Technologies US Inc., a Delaware corporation, with its principal offices located at 111 NE 1st St, 8th Floor Suite #89017, Miami, Florida 33132, United States.
For legal entities based outside the United States, these Terms are entered into between you and NUCL Technologies Inc., a licensed money service business (MSB) in Canada with MSB Registration Number M22233887. NUCL Technologies Inc. is a private company with limited liability, registered at 5000 Yonge St, Suite 1901, Toronto, Ontario, M2N 7E9, Canada, and listed under the Ontario Business Registry with registration number 701349474.
For the purposes of these Terms, “EukaPay” will be used to collectively refer to the applicable entity—either NUCL Technologies US Inc. or NUCL Technologies Inc.—with which you hold a contractual relationship.
EukaPay charges a processing fee for each payout successfully processed through your Account. This fee is payable by you and is added to the total payout amount debited from your Account. The processing fee cannot be transferred to or deducted from the payout amount sent to the recipient.
Currently, EukaPay supports Payouts only in certain cryptocurrencies. EukaPay may enable additional cryptocurrencies in the future. Your recipients can request cryptocurrency in which they wish to receive their Crypto Payout from the following Support Page: https://support.eukapay.com/cryptocurrencies-payouts
It is solely your responsibility to determine what taxes, if any, apply to the transactions, sale of goods or services, or payments received through the use of the Services, and to ensure the proper calculation, collection, reporting, and remittance of such taxes to the appropriate tax authorities. EukaPay is not responsible for determining whether taxes apply to your transactions, nor will we calculate, collect, report, or remit any taxes on your behalf.https://support.eukapay.com/cryptocurrencies-payouts.
You acknowledge that EukaPay may, as required by applicable law, provide certain reports to tax authorities regarding transactions we process and Merchants for whom we provide processing services. Additionally, we reserve the right to report payment transactions to relevant revenue or taxing authorities to the extent required by law. By using the Services, you agree to comply with all applicable tax laws and regulations in your jurisdiction and indemnify EukaPay against any liability arising from your failure to meet your tax obligations.
EukaPay retains the sole discretion to refuse or decline to complete any transaction through its Services if there is reason to believe that the transaction:
By using the Services, you explicitly authorize and consent to EukaPay sharing any relevant information regarding such transactions, including your personal and transactional data, with legal, regulatory, or enforcement authorities as necessary to comply with applicable laws and ensure the security and lawful operation of its Services.
You may choose to, or we may invite you to, submit comments, feedback, or ideas regarding the Website and Services, including suggestions for improvements (“Ideas”). By submitting any Idea, you agree that:
You further acknowledge that EukaPay’s acceptance of your Idea does not constitute a waiver of its rights to use similar ideas already known to EukaPay, developed independently by its employees or representatives, or obtained from other sources.
All information provided on the Website and through the Services is for informational purposes only and should not be interpreted as professional advice. You are encouraged to seek guidance from your own legal, financial, tax, or other professional advisors who are licensed or qualified in the applicable field. EukaPay, the Website, and the Services do not offer legal, financial, tax, or any other form of professional advice. No actions should be taken based on the information available on the Website or through the Services without first consulting an independent professional advisor. By using the Services, you acknowledge and accept that reliance on any information from the Website or Services without seeking independent advice is solely at your own risk.
EukaPay have implemented security measures designed to protect information from accidental loss and from unauthorized access, use, alteration or disclosure. Our security measures include risk assessments and controls for the following: application and system access, system and application development and maintenance, acceptable use, data classification, incident response, disaster recovery and business continuity, and security training. We cannot guarantee that unauthorized persons will never gain access to your information, and you acknowledge that you provide your information at your own risk, except as otherwise provided by applicable law. If we reasonably suspect or we become aware of a breach of our security measures that may have impacted you, your Account or your information, we will provide you with notice within 72 hours of gaining such suspicion or becoming aware of such breach. Such notice will be provided to your email address included in your Business Customer profile.
You understand that by using the Website and our Services you consent to the collection, use and disclosure of personally identifiable information and aggregate data, and to have your personally identifiable information collected, used, transferred to and processed in accordance with our Privacy Policy, a copy of which can be found at: eukapay.com/legal/privacy.
You agree to defend, indemnify, and hold harmless EukaPay and its suppliers, partners, licensors, dealers, representatives, associates, affiliates, and their respective employees, contractors, agents, representatives, shareholders, advisors, counsel, officers, directors, and their heirs, administrators, executors, successors, and assigns (collectively, the "EukaPay Parties") from and against any and all claims, damages, obligations, losses, liabilities, interest, judgments, costs, debts, and expenses (including, but not limited to, legal fees and disbursements) arising from, related to, or in connection with:
You agree to cooperate as fully as reasonably required in the defense of any claim. EukaPay reserves the right to assume exclusive control of the defense or settlement of any matter subject to indemnification under this provision, and you agree not to settle any matter without prior written consent from EukaPay.
To the maximum extent permitted by applicable law, EukaPay and its affiliates, partners, licensors, and other associated parties ("EukaPay Parties") shall not be liable for any indirect, special, incidental, consequential, punitive, or exemplary damages, including but not limited to lost profits, lost revenue, lost data, or other intangible losses, arising out of or related to the use of, inability to use, or unavailability of the Website or the Services, regardless of the form of action and even if we were aware of the possibility of such damages
EukaPay shall not be held responsible for any damage, loss, or injury resulting from:
If, notwithstanding the other provisions of these Terms of Service, a Party is found to be liable for any claims, liabilities, damages, losses, or costs, you agree that the liability of such EukaPay Party shall not exceed the total amount you paid to 'EukaPay' for the Services during the six (6) months preceding the event giving rise to the claim.
This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if EukaPay has been advised of the possibility of such damage
Federal law, as well as the laws of some states, provinces, and other jurisdictions, may not permit the exclusion or limitation of certain implied warranties or the exclusion or limitation of incidental or consequential damages. As a result, the limitations or exclusions outlined above may not apply to you.These Terms of Service grant you specific legal rights, and you may also have additional rights that vary by jurisdiction. The disclaimers, exclusions, and limitations of liability described in these Terms of Service will only apply to the extent allowed by applicable law.
EukaPay reserves the right to set-off any amounts that you owe to EukaPay, including for indemnification obligations, against amounts credited to your Account.
You hereby authorize us to share information about you, your Account and Account activity with law enforcement, regulators and government agencies.
No waiver of any provision under these ‘EukaPay Send Terms of Service’ by either party will be effective or enforceable unless explicitly made in writing and signed by the party granting the waiver. Such a waiver shall be limited in scope to the specific instance and circumstances explicitly set forth in the written waiver and shall not be construed as a continuing waiver or as a waiver of any other provision, failure, breach, or default, whether of a similar or different nature, or whether occurring before or after the granted waiver.
The failure, delay, or omission by either party to enforce any right, remedy, power, or privilege under these Terms, or to insist upon strict compliance with any obligation, shall not constitute or be interpreted as a waiver of such rights, remedies, powers, or privileges. Moreover, any single or partial exercise of any right, remedy, power, or privilege shall not preclude the further exercise of that or any other right, remedy, power, or privilege provided under these Terms or at law.
Any arbitration proceeding must be initiated within two (2) years from the date the underlying dispute or claim arises. Failure to initiate arbitration within this period shall constitute a waiver of the claim.
If any portion of this arbitration agreement is found to be invalid or unenforceable as a matter of law, the remaining provisions shall remain in full force and effect. However, under no circumstances shall there be class arbitration.
These Terms of Service, along with all documents incorporated by reference, constitute the entire agreement between EukaPay and you regarding your use of the Website and the Services.
The parties agree that the English language shall govern these Terms of Service and all related documents. Each party waives any right, whether statutory or otherwise, to rely on or use any other language or translation for these Terms or related materials.