Terms
Last Updated: 2026/10/22
This agreement is between you (“you”, “your”, or “User”) and Moneda Digital GmbH (“Moneda”, “us”, “we” or “our”). These Terms of Service ("Terms" or "Agreement") govern your use of the Moneda app and its associated services (collectively, the "Services"). By accessing or using the Services, clicking a button or checkbox to accept these Terms (e.g. “I agree”, “Get started”), or otherwise agreeing to these Terms electronically or in writing, you agree that you have carefully read and accepted all of the Terms below. If you disagree, you may not use the Services.
Who we are and how to reach us. The Services are provided by Moneda Digital GmbH, a German limited liability company registered with the commercial register of the Amtsgericht Charlottenburg (Berlin) under HRB 271040 B, VAT ID DE454686118, with its registered office at Wilmersdorfer Str. 122–123, 10627 Berlin, Germany. You can contact us in the app under Help Centre > Talk to Support or at legal@moneda.com.
Key points. Before you read the Terms, three things to keep in mind:
- Moneda AI can be wrong. It gives you information and research, not advice. Check anything that matters before you act on it (Section 7).
- Nothing moves without your approval. Moneda AI can prepare a payment or a trade, but only you can approve it, either each time or in advance within limits you set (Clause 4.5).
- Your account is self-custodial. Moneda does not hold your Assets and cannot restore lost Credentials. Set up recovery before you need it (Clause 4.2).
Your use of the Services or parts thereof may require that you accept additional terms of, and enter into a contractual relationship with third parties, including regulated financial institutions (see Clause 3.6, Regulated Third-Party Services). The relevant third-party terms will be made available for your acceptance separately. Moneda is not responsible or liable for any services (including financial services) which are provided to you by any third party under a separate contract.
1. Overview
Moneda is a financial technology company. The Moneda app gives you a self-custodial account for digital assets such as, but not limited to, USD and EUR stablecoins (collectively “Assets”), an AI assistant (“Moneda AI”) that researches markets and helps you manage your account, and access to services provided by third parties: virtual accounts and payments, trading in tokenised shares and exchange-traded funds, trading in crypto-assets, and earning on your balance through third-party decentralised finance (”DeFi”) protocols. Each third-party service is provided by the relevant provider under its own terms.
Moneda does not provide regulated financial or custodial services. Moneda does not directly or indirectly manage, control, or hold User Assets, nor does it facilitate interaction with third-party custodial services. All Wallets and transactions, including interactions with DeFi protocols, are fully self-custodial, meaning Users have full control and responsibility with respect to their Assets and credentials. As a consequence, all transactions and interactions do not happen between you and Moneda but directly between you and the relevant blockchain network, without Moneda being able to control, modify or reverse these interactions. Only you hold the account authentication credentials, including but not limited to Passkeys and cryptographic private keys (collectively ”Credentials”) to access your wallet. Please read the following terms carefully, i.e., the notices under Clause 4.2 and 12.
2. Eligibility
To use the Services, you must:
- be a natural person with full legal capacity and with an age of at least 18 years;
- have your permanent residence in a country where we offer the Services;
- not be barred from using the Services under applicable laws;
- agree to comply with these Terms and all relevant local and international regulations which apply to your use of self-custody wallets and decentralised financial services; and
- provide any information which is required by Moneda and/or any third party, whose services you or Moneda may use in connection with the Services, including information necessary for identity verification when requested.
By accepting these Terms you represent that you fulfill and will fulfill all requirements listed above at all times during your use of the Services.
3. About the Services
- Technical Solution: The Services facilitate technical access to third-party services to wallets and blockchain networks, which enable Users to effectively manage certain crypto assets. The Services include a non-custodial key management solution leveraging passkey technology that supports your ability to securely decrypt and sign data using Moneda’s proprietary APIs.
- Moneda Account: To access certain features of the Services, you will need to create a Moneda account. You shall provide Moneda and any third-party service providers which you or Moneda may use in connection with the Services with accurate, complete and current information and keep this information up to date. You are responsible for all activities that occur under your account.
- Wallets: Use of the Services requires you to create a single or multiple digital wallets (collectively “Wallets”), which allow you to acquire, store, and engage in transactions using supported Assets. Moneda cannot access or control any User Wallet or the Assets in it, and cannot restore the keys to it.
- Electronic Money Tokens (EMTs): The Moneda app may display balances of certain regulated stablecoins (e.g. USDC, EURC) in their fiat-equivalent values (“USD” or “EUR”). USDC and EURC are electronic money tokens (“EMTs”) which are issued and maintained by their issuers in accordance with the EU Markets in Crypto-Assets Regulation (MiCA). These EMTs are denominated in fiat currency and must be backed by reserves in accordance with regulatory requirements, but they do not form fiat money and are not covered by any deposit guarantee scheme or a state guarantee under EU or national law. Other stablecoins available in the app may be issued outside the European Union and may not be electronic money tokens under MiCA. The app tells you which applies.
- Unregulated Services: Moneda is not a regulated entity and does not act as a bank, broker, financial institution, credit institution, electronic money institution (EMI), financial service provider or Crypto Asset Service Provider (CASP). Moneda does not issue, redeem, or hold custody of any Assets on Users’ behalf. Instead, the Services provide a non-custodial, software-based infrastructure (Software-as-a-Service) that enables Users to interact with Assets in a self-custodial manner.
- Regulated Third-Party Services: Although Moneda itself is not regulated, the Services may facilitate your access to regulated third-party service providers, subject to your acceptance of those providers’ terms. Regulated services may, inter alia, be provided by electronic money institutions and may include payments, cards and cryptocurrency-related services. In particular, Moneda integrates with MoonPay Enterprise (formerly Iron), a licensed financial partner that provides regulated fiat account and payment services (such as virtual IBAN accounts and automated fiat on/off-ramp transactions). Access to these features requires you to successfully complete identity verification through our KYC provider Sumsub and to accept MoonPay Enterprise’s own Terms of Service, which will be presented to you. Once you pass KYC and accept MoonPay Enterprise’s terms, you enter into a direct customer relationship with MoonPay Enterprise for the provision of those regulated services. Moneda serves only as the user interface and facilitator for MoonPay Enterprise’s services, and Moneda does not itself provide banking, e-money, or fiat conversion services. Moneda also integrates with Dinari, which issues the tokenised shares and funds available in the app and executes orders in them (see Clause 4.6). We are not responsible or liable for any services provided by MoonPay Enterprise, Dinari or any other third party under a separate contract.
- Blockchain Transactions: All cryptocurrency- related transactions are directly initiated by the Users and conducted on blockchain networks (collectively ”Networks”). This means that all interactions, which are related to your Wallet, are taking place directly between your Wallet and the Network. Moneda does not act as a messenger or representative in respect of your transactions and Network interactions and cannot control or modify these interactions. You should note that blockchain transactions cannot be amended, reversed or withdrawn. For the avoidance of doubt, Moneda does not buy, sell, or take custody or possession of any Assets at any time, nor does it act as counterparty, broker or custodian for any User. Where the Services give you access to a regulated broker, Clause 4.6 applies. If you elect to exchange any Assets, any transactions that you engage in will be conducted solely through the Network governing the Asset. You will be required to make or receive payments exclusively through the Wallets that you have.
- No Responsibility or Control: Moneda has no control over your Wallets, and any payments or cryptocurrency transactions in this respect, nor does it have the ability to correct or reverse any payments or transactions (see Clause 3.7 above). Any information on payments and cryptocurrencies is retrieved from the relevant third-party provider and/or the relevant public blockchain. Accordingly, Moneda does not assume any responsibility or liability to you or to any third party for any claims or damages that may arise as a result of any transactions or Network interactions that you engage in via the Services, and any information that is displayed on the Moneda app with respect to such transactions.
4. Account and Access
4.1 Account Creation and Security
To access the Service, you must create an account. You are responsible for:
- Safeguarding Your Credentials: Maintaining the confidentiality of your account login credentials and any associated Wallet or Credentials. You must take all appropriate precautions to ensure that your passkeys or any other Credentials are not obtained by any unauthorized party.
- Providing Accurate Information: Ensuring that all information you provide to us (or to any third-party service provider during account setup or use of the Services) is truthful, accurate, and up-to-date at all times. This includes promptly updating any personal details or contact information if they change.
You must not let any other person use your Moneda account or your Credentials. The only way to share funds with another person is a joint account (Clause 4.8). Moneda employees will never ask you for your passkeys, private keys, or other Credentials. You should never share such access information or approve unknown third-party access (for example, via screen sharing or installing untrusted software claiming to be an “investment tool”). Such requests are likely fraudulent. If you receive any request to reveal Credentials or to grant remote access to your device/account, notify Moneda immediately, as granting control to a bad actor may result in irreversible loss of Assets.
Due to the anonymous and irreversible nature of blockchain transactions, if you grant a third party access to your Moneda account or linked Wallets, you may irretrievably lose control of the Assets in those Wallets. Moneda is not liable for any losses resulting from unauthorized access to your account or Wallets, unless such access was directly caused by Moneda’s breach of its obligations.
4.2 Self-Custodial Service
Moneda operates as a self-custodial service. This means:
- Moneda does not record, hold or manage Users’ private keys, passkeys, other Wallet Credentials.
- You, as the User, are solely responsible for safeguarding Credentials and devices on which you access the Service.
- All Assets associated with your account are under your direct control in your Wallets and are not held by Moneda. Moneda cannot access your Assets and cannot recover lost Wallets or funds.
- Any Credential recovery or social recovery feature we provide access to within the Services (”Self Custodial Recovery”) is a mechanism controlled by your account on the blockchain, which we have no influence over once you have set it up. Moneda does not act as a recoverer and does not offer recovery services. The Self Custodial Recovery functionality allows you to determine your own recovery setup and nominate anyone, including yourself, as a recovery contact (”Recovery Contact”). A Recovery Contact can approve the recovery of your Credential after you request it. You can also add a backup Passkey or set up a recovery email. Please note that we are not responsible for notifying you of this process. Furthermore, the Company reserves the right to cease the access to the Self Custodial Recovery feature as part of the Services taking the User’s reasonable interests into account and providing due notification.
- Moneda explicitly draws your attention to the fact that neither Moneda nor any other third party (other than any Recovery Contact you designate within a social recovery scheme) can restore your Wallet Credentials if lost. You may be required to re-enter Credentials (e.g., Passkeys) if you change devices, reinstall the app, or reset your device. If you lose your Credentials (and have no effective recovery mechanism in place), you will likely lose access to your Wallets and the Assets in them. Losing your Credentials is effectively equivalent to losing your Assets.
4.3 Identity Verification (KYC)
Certain features of the Service are subject to anti-money laundering (”AML”)and other regulations that require us to verify your identity via Know Your Customer (”KYC”) checks before offering those features. If you wish to access fiat-related services, such as converting between fiat currency and digital assets (fiat on-ramp or off-ramp) or obtaining a virtual account, you must complete our KYC process through our third-party identity verification provider, Sumsub. By initiating KYC, you agree to provide accurate and current personal information and any required documentation (e.g. government ID, proof of address, selfie) and you authorize Moneda and Sumsub to collect and process this information for identity verification and compliance purposes.
If you fail to complete KYC, or if we cannot successfully verify your identity to the standards required by us or our partners, you will not be granted access to the regulated features. In addition, providing false, misleading, or incomplete information during KYC is a violation of these Terms and may result in suspension or termination of your Moneda account. Moneda reserves the right to restrict or terminate your access to Services (in whole or in part) if identity verification is not completed satisfactorily, if we suspect fraud or illegal conduct, or as required to comply with our legal obligations (see also Section 14.2).
4.4 Third-Party Financial Services (MoonPay Enterprise)
Moneda partners with MoonPay Enterprise (formerly Iron) to offer certain integrated financial features (for example, virtual EUR/USD bank accounts and fiat conversion services) within the Moneda app. These features are provided directly by MoonPay Enterprise (or its affiliated regulated financial institutions), not by Moneda. When you opt to use such a feature, you will be prompted to accept MoonPay Enterprise’s Terms of Service, which will form a separate agreement between you and MoonPay Enterprise governing those services. Upon successful KYC (see 4.3 above) and acceptance of MoonPay Enterprise’s terms, MoonPay Enterprise will create any required accounts (e.g. a virtual IBAN account) in your name and you will become a direct customer of MoonPay Enterprise for the purposes of those fiat services.
Moneda’s role in this arrangement is limited to facilitating your interaction with MoonPay Enterprise through our user interface and APIs. Moneda is not a party to your contract with MoonPay Enterprise, and Moneda does not assume responsibility for MoonPay Enterprise’s services or performance. Any virtual account, payment, or transaction provided via MoonPay Enterprise is ultimately between you and MoonPay Enterprise (and/or MoonPay Enterprise’s affiliated regulated providers). Accordingly, Moneda is not responsible or liable for any acts or omissions of MoonPay Enterprise, or for any obligations or liabilities arising from your use of MoonPay Enterprise’s services.
Disputes or issues related to MoonPay Enterprise’s services (including account errors, delayed transfers, etc.) should be directed to MoonPay Enterprise and will be governed by MoonPay Enterprise’s terms and policies. Using MoonPay Enterprise’s services through Moneda does not change the legal obligations, jurisdiction, or protections that apply to your use of Moneda’s Services under these Terms. Moneda’s Terms (and German/EU law – see Section 20) continue to apply to your use of the Moneda app itself, while your separate agreement with MoonPay Enterprise is governed by MoonPay Enterprise’s terms (which may specify a different governing law for that agreement).
4.5 AI-Powered Features and Third-Party AI Assistants
The Services include AI-powered features (such as in-app chat support, Moneda AI, which answers questions about your account and researches markets, and automated receipt or expense extraction) that process relevant account information and the content of your messages or uploaded documents through Moneda's AI infrastructure providers, as described in our Privacy Policy.
When you use these features you are interacting with an AI system, not a person. Moneda AI may remember information you give it, such as your goals and preferences, to make later answers more relevant. You can ask it what it has saved about your investing preferences and ask it to forget any item, and you can use a temporary chat that does not appear in your history, as described in the Privacy Policy.
Moneda AI relies in part on technology from third-party providers. To the extent the law allows, Moneda gives no warranty for third-party technology beyond the statutory rights you have as a consumer (Clause 12.3). The providers that process your content are described in the Privacy Policy.
You must not present anything produced by Moneda AI as having been written by a person.
You may also connect the Service to a third-party AI assistant or agent that you authorize (for example, via Moneda's developer API), granting it defined access to your account information and functionality. You are solely responsible for any AI assistant or agent you authorize to access your account, and for reviewing the scope of access you grant it. No AI assistant or agent can move funds on its own. Each transfer it prepares needs your approval in the Moneda app before it is executed. The exception is an instruction you have approved in advance, such as a scheduled or recurring payment: it runs without a new approval, but only within the limits you approved, and you can cancel it at any time. Your use of a third-party AI assistant may also be subject to that provider's own terms, which we encourage you to review. Consistent with Section 5.1, you remain responsible for all activities undertaken through your account by any AI assistant or agent you authorize.
If an assistant or agent you connected misuses the access you granted, or uses it in breach of these Terms, we may revoke its connection. That does not restrict the rest of your account, and you can connect it again once the problem is resolved.
4.6 Trading in Tokenised Shares and Funds (Dinari)
The app lets you buy and sell tokenised shares and exchange-traded funds. These are issued and the orders are executed by Dinari, Inc. (“Dinari”), and not by Moneda. Each token is backed by the corresponding share, as described in Dinari’s terms. Before your first order you are asked to accept Dinari’s terms, which form a separate agreement between you and Dinari.
Moneda provides the interface through which you place orders and may charge a Service Fee for doing so (Section 8.1). Moneda does not execute orders, does not act as your broker and does not hold the shares or the tokens. Orders are executed during the market hours and under the conditions Dinari sets. An order placed outside those hours is executed when the market next opens, at the price then available.
Your plan may include a number of trades each month on which Moneda charges no Service Fee. Trades beyond that number are charged at the rate shown before you confirm.
Not all shares or funds are available, and availability can differ by country.
4.7 Crypto-Asset Trades
The app lets you exchange Assets for other crypto-assets. Each exchange is a transaction that you approve and that is carried out through third-party providers. Moneda does not act as counterparty, exchange or broker. The quote shown before you confirm includes the costs of the trade, including any Service Fee. Prices can move between the quote and execution within the tolerance shown. Some crypto-assets carry higher costs or lower liquidity, and Moneda does not review or endorse them.
4.8 Joint Accounts and Vaults
A joint account is an account that you and the people you invite can each use from your own Moneda accounts. Each owner can move all of the funds in a joint account without the others’ approval, so invite only people you trust. You decide whom to invite, and whether to accept an invitation. By doing either you accept that every owner of that joint account can act alone. Members you add with limited permissions can do only what those permissions allow. Moneda is not a party to any arrangement between the people who share a joint account and does not resolve disputes between them. A vault is a separate account of your own for setting funds aside. Your plan sets how many joint accounts and vaults you can open.
5. Your Responsibilities
5.1 Use of the Service
You are responsible for all activities that occur in connection with your use of the Service, regardless of whether the activities are authorized by you or undertaken by a third party (including contractors, agents, or other end users). Moneda and its affiliates are not responsible for unauthorized access to the Services, including any access resulting from phishing, fraud, or other criminal activities, unless such access was directly and solely caused by Moneda’s fault.
You must ensure that your use of the Service complies with all applicable laws and regulations.
5.2 Security Responsibility and Backup
You are responsible for securing your authentication credentials, devices, and account. Moneda is not liable for any loss resulting from unauthorized access to your account or failure to properly safeguard your Assets, unless the unauthorized access was directly and solely caused by Moneda’s fault.
Your own responsibility includes:
- Configuring and using the Services securely and in full understanding of the associated risks;
- Securing and protecting your account Credentials;
- Regularly backing up any Credentials, data, or information necessary to restore access to your Wallet and accounts; and
- Ensuring that security updates, software updates, or upgrades to the Services and on any devices which you use to access the Services are promptly installed. This includes but is not limited to operating systems, browsers, security software, and applications used in connection with the Service.
Moneda does not store or recover Credentials. If you lose this information, your access to the Service and your assets may be permanently compromised. Moneda is not liable for any loss resulting from your failure to secure your credentials or backup your information. In addition, Moneda assumes no liability for any damage or unauthorized access resulting from your failure to implement required updates or security measures, or from any third party gaining access to your device or Credentials.
5.3 Compliance with KYC/AML and Laws
You agree that you will not use the Services for any unlawful purpose, and you will provide all information and cooperation necessary for Moneda to comply with its legal obligations. This includes promptly completing any additional identity or background verification steps that we may reasonably request from time to time in order to meet our obligations under anti-money laundering (AML), counter-terrorist financing (CTF), sanctions, or other laws. Failure to do so may result in restriction or termination of your access to the Services (see Section 14.2).
6. Prohibited Uses
You agree not to use the Service if you:
- engage in or intend to use funds resulting from any illegal activities, including but not limited to money laundering, fraud, or financing terrorism;
- attempt to evade or circumvent KYC/AML requirements, regulatory compliance requirements or facilitate activities prohibited by local or international law;
- intend to interfere with, disrupt, or attempt to gain unauthorized access to the Service’s operations, systems, or other users' accounts;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- are a resident, national, or agent of Cuba, Iran, North Korea, Syria, Belarus, Russia, and the Crimea, Luhansk, Donetsk, Zaporizhzhia, and Kherson regions of Ukraine, or any other country or jurisdiction to which the United States, the United Nations Security Council, or the European Union embargoes goods or imposes similar sanctions (collectively, “Restricted Territories”);
- are a member of any sanctions list or equivalent established by the European Union, the United Kingdom, United States, the United Nations Security Council (collectively, “Restricted Persons”), or intend to transact any assets with any Restricted Person. Users should refer to the updated list of sanctioned countries provided by the US Office of Foreign Assets Control (OFAC), HMT Sanctions List, and other applicable sanctions maintained by international regulatory bodies such as the EU and UN;
- participate in activities that exploit or aim to exploit vulnerabilities or weaknesses in third-party applications connected through Moneda;
- engage in spam, including mass messaging, unsolicited promotions, or fraudulent advertising using Moneda’s communication features;
- interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- perform address poisoning, including sending small amounts of cryptocurrency or Assets to deceive users into interacting with fraudulent addresses;
- engage in wash trading or other deceptive or manipulative trading activities;
- fabricate in any way any transaction or process related thereto; or
- conduct scams, such as phishing, impersonation, “rug pulls”, Sybil attacks, or other deceptive practices aimed at misleading users or compromising their security.
Moneda reserves the right to immediately terminate any account or refuse access to the Services if we determine, in our sole discretion, that a User has engaged in any of the above prohibited activities.
To help enforce these restrictions, Moneda uses third-party screening tools to check incoming blockchain transactions against sanctions and watchlists. Where you access regulated financial services requiring identity verification (see Section 4.3), a match may result in additional verification requirements or restrictions on those features. See our Privacy Policy for the name of our current screening provider.
7. No Advice; Moneda AI
Moneda does not provide financial, investment, tax or legal advice, and does not manage your assets.
Moneda AI provides information, research and illustrative portfolios based on market data, public filings and what you tell it. It is an automated system and it can be wrong, incomplete or out of date. What it produces is not a personal recommendation and does not take account of your full financial situation. Do not treat it as your only source of information or as a substitute for professional advice, and check anything that matters before you act on it. Every decision to buy, sell, hold or transfer is yours, and nothing is executed unless you approve it (Section 4.5).
Moneda may earn fees when you trade or use other services. Where Moneda AI discusses a service that Moneda earns from, it says so.
Other content on the website and in the app, such as articles, tutorials and news, is general information only. Consult a qualified professional about your own situation.
7.1 Acceptable Use of Moneda AI
Use Moneda AI for your own money and for the Services. Do not try to make it act outside these Terms or its safeguards: for example, do not tell it to ignore its rules, try to obtain its instructions or another person's information, or use it for tasks that have nothing to do with the Services.
In particular, you must not:
- put instructions for Moneda AI inside a file, image, message or other content you share with it, or knowingly share content that contains them. Moneda AI treats instructions found inside content as information, not as requests from you;
- use Moneda AI to plan or carry out fraud, money laundering, market manipulation or sanctions evasion, or to obtain information about another person;
- query Moneda AI in bulk or by automated means to copy its answers, reconstruct its instructions or tools, test it for a commercial comparison, or train or improve another AI system;
- use scripts, bots or other automated tools with the in-app Moneda AI. To connect software to your account, use Moneda's MCP server, API or command line, within the access you grant (Section 4.5).
If we reasonably suspect that Moneda AI is being misused, we may pause your access to Moneda AI while a person reviews what happened. A pause applies to Moneda AI only. The rest of your account keeps working, and a pause of Moneda AI does not stop you from moving your funds out of your account. We will tell you about the pause and about the outcome of the review, and you can appeal it under Section 14.5.
7.2 Usage Limits
Your plan includes an allowance of Moneda AI usage, and you can buy AI credits for more (Section 8). To keep the Services available to everyone, we may limit how much or how fast Moneda AI can be used by a plan or an account, including while you have credits left. A limit of this kind does not remove AI credits you have paid for.
7.3 Decisions Based on Moneda AI
Decisions you make using Moneda AI are yours (Section 7). To the extent the law allows, Moneda is not liable for losses that result from acting on what Moneda AI produces. This does not limit any liability that cannot be limited by law, including our liability towards consumers under Section 19.3.
7.4 Security Research
We welcome reports of security weaknesses in the Services, including ways to make Moneda AI ignore its safeguards. If you test in good faith, use only your own account and data, stop as soon as you find a problem, do not access or change anyone else's information or funds, and report what you found to security@moneda.com without making it public until we have fixed it, we will not treat that testing as misuse under Section 7.1 or act against your account because of it.
8. Fees and Payments
8.1 Fees
Moneda may charge fees for certain features or services. Any fees will be clearly disclosed in the App before use. Blockchain transactions are final and cannot be reversed once confirmed. Cancellation and refunds for payments made to Moneda are governed by Section 8.2 below.
The use of certain third-party services accessible through Moneda may also be subject to transaction fees or other fees charged by those third-party providers. Moneda reserves the right to charge additional fees for the facilitated access it provides to such third-party services ("Service Fees"). Service Fees may either be charged directly to you or included in the third-party fees and paid by the third party to Moneda on your behalf. All applicable fees will be disclosed prior to usage. Changes to the fees charged by Moneda are made as set out in Section 8.5. Please note that Blockchain transactions may be subject to additional fees which are directly deducted by the Network.
Where payment is made by card (for example, for a subscription or usage credits), your payment is processed by a third-party payment processor. Your card details are sent directly to that processor and never pass through Moneda's servers. See our Privacy Policy for the name of our current payment processor.
8.2 Cancellation and Refunds
Plans. You can cancel a paid plan at any time in Settings > Plans. Cancellation takes effect at the end of the period you have already paid for, and you keep the plan until then. Apart from your right of withdrawal (Section 8.4) and our own errors (below), payments for plans are not refunded and unused time is not paid out. If you bought your plan through the Apple App Store or Google Play, the store manages its renewal and billing: cancel it in your Apple or Google Play subscription settings, not in Settings > Plans. Until you cancel, it renews automatically at the end of each period.
If your plan has renewed automatically, you may also end it with one month’s notice. If you do, we refund the part of the payment that covers the time after the plan ends.
AI credits. AI credits are a prepaid balance for metered use of our AI features. Buying credits is a purchase of usage and is not a deposit of funds held for you. Apart from your right of withdrawal (Section 8.4) and our own errors (below), AI credits are not refunded. AI credits do not currently expire. If we introduce an expiry, it will apply only to credits bought after we have told you about it. If your account is closed, unused AI credits lapse and are not refunded. AI credits you receive by redeeming Moneda Points (Section 13) are not paid for and are never refunded or paid out.
Billing errors. The two paragraphs above do not cover our own errors. If you believe you were charged twice, charged a different amount from the one shown, charged after a cancellation took effect, or charged for a payment that failed, contact us in the app under Help Centre > Talk to Support. We will review the charge and correct any error.
If we refund a payment. A refund of a card payment is returned to the card you paid with. Your bank usually makes it available within 5 to 10 business days. If we refund a payment for a plan, the paid plan ends when the refund is made and your account moves to the Standard plan, unless the refund corrects a duplicate charge. Payments made from your Moneda balance are blockchain transactions and cannot be reversed. If we agree to correct an error on such a payment, we will agree the method with you. We may decline a goodwill refund request, or require additional review before agreeing to one, where an account has a history of repeated refunds. This does not apply to billing errors or to your right of withdrawal.
Purchases through the App Store or Google Play. Where you buy a plan or AI credits through the Apple App Store or Google Play, the store bills you and decides any refund under its own terms. Moneda cannot issue a refund for those purchases. Any right of withdrawal for those purchases is exercised with the store. If the store refunds a purchase, the plan it paid for ends, or any remaining AI credits it paid for are removed.
8.3 Payment Disputes and Chargebacks
If you intend to ask your bank or card issuer to reverse a payment made to Moneda, please contact us first. We can usually resolve a billing problem quickly, whereas a payment dispute raised through your bank takes weeks to resolve and cannot be accelerated once it has started.
While a payment dispute is open, what that payment bought is paused: AI credits bought with the disputed payment cannot be spent, and if the disputed payment was for a plan, the limits of the Standard plan apply until the dispute is resolved. Anything you paid for with other payments is not affected. If the dispute is resolved in Moneda's favour, the pause is lifted.
If the dispute is resolved against Moneda and your bank returns the payment to you:
- any remaining AI credits bought with that payment are removed;
- if the returned payment was for a plan, that plan ends immediately and your account moves to the Standard plan; and
- we do not accept new card payments from your account for up to 180 days. This suspension ends automatically.
A payment dispute does not affect your Wallets or your Assets, which remain under your control.
8.4 Right of Withdrawal and Other Statutory Rights
If you are a consumer resident in the European Economic Area, you may withdraw from the purchase of a paid plan or of AI credits within 14 days of the purchase without giving a reason. To withdraw, send us a clear statement (for example in the app under Help Centre > Talk to Support, or by email to legal@moneda.com) before the 14 days end. You may use the model withdrawal form in Appendix 1, but you do not have to.
If you withdraw, we return the payment within 14 days of receiving your statement, using the payment method you paid with. If you asked us to start the plan during the withdrawal period, we may keep an amount proportionate to the time the plan was active before you withdrew.
For AI credits, the right of withdrawal ends once you start using the credits, if before using them you expressly agreed that we begin performance immediately and confirmed that you know you lose the right of withdrawal by doing so. We ask for this agreement at checkout.
Nothing in this Section 8 limits any other right you have under mandatory consumer protection law. Where such a right applies to you, it takes precedence over this Section.
8.5 Price Changes
We may change the price of a paid plan or of AI credits, and our Service Fees, from time to time, for example to reflect changes in what a plan includes, in our costs, or in applicable taxes.
Plans. If we increase the price of your plan, we will tell you at least 30 days in advance, in the app or by email. The new price applies from the next time your plan renews after those 30 days, so that you can cancel beforehand if you do not agree (Section 8.2). The price of a period you have already paid for does not change.
AI credits and Service Fees. A new price for AI credits or a new Service Fee applies only to purchases and transactions you make after the change. The price or fee that applies is always shown before you confirm.
9. Third-Party Services and Feedback
9.1 Third-Party Services
Moneda enables interaction with third-party decentralized applications relying on smart contracts (”dApps”), or services. Any interaction with dApps is directly authorized by yourself at your own responsibility and your own risk. By interacting with dApps you accept that Moneda is not responsible or liable to you for any:
- actions or inactions of dApps or third-party providers; and/or
- losses incurred through third parties, including those caused by security vulnerabilities, hacks, or other incidents impacting the third-party applications or dApps.
Some third-party services may collect or process your personal data. The processing of such data will be handled in accordance with the relevant third-party provider’s privacy policy, local regulations, and best practices.
Users are solely responsible for assessing the security and reliability of third-party services and applications they choose to interact with through Moneda.
10. Intellectual Property
Moneda retains ownership of all intellectual property rights in the Services, including any future developments thereof. This includes, but is not limited to, rights in the underlying technology, designs, App interfaces, backend systems, source and object code, trademarks, trade names, logos, as well as the entire system infrastructure, and all associated intellectual property. All such components are protected by copyright, trademark law, design rights, and other intellectual property laws. Any use is only permitted within the scope of rights expressly granted.
Users may not reproduce, distribute, or modify Moneda’s intellectual property without prior written consent, except where such use is expressly permitted under open-source licenses or developer APIs designated by Moneda.
11. Privacy and Data Protection
11.1 User Data
Moneda processes personal data in compliance with GDPR, relying on legal bases such as User’s consent, legitimate interest, contract performance, and compliance with legal obligations, as applicable and other relevant regulations. For details, please refer to our Privacy Policy.
11.2 Blockchain Data
Certain transactions and interactions may be recorded on public blockchains. You acknowledge that blockchain data is immutable and beyond Moneda’s control.
12. Disclaimers and Risks
12.1 Disclaimer
The Service is provided "as is" and "as available." Subject to Clause 12.3, and except to the extent prohibited by law, or to the extent any statutory rights apply that cannot be excluded, limited, or waived, Moneda and its affiliates and licensors:
- Make no representations or warranties of any kind, whether express, implied, statutory, or otherwise, regarding the Service, third-party content, or third-party services.
- Disclaim all warranties, including any implied or express warranties:
- Of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment. Users will be notified through the app, email, or public communication channels if any known service change is expected to materially degrade performance or availability, where commercially reasonable.
- Arising out of any course of dealing or usage of trade.
- That the Service, third-party content, or third-party services will be uninterrupted, error-free, or free of harmful components.
- That any content will be secure or not otherwise lost or altered.
You acknowledge and agree that you have not relied and are not relying upon any representation or warranty from Moneda that is not expressly stated in these Terms or a separate written agreement, and you agree not to take a position inconsistent with this provision in any proceeding.
12.2 Risks
The Service relies on emerging technologies, such as blockchain and cryptographic systems, which carry inherent risks. By using the Service, you explicitly acknowledge and accept these risks, including:
- risks associated with self-custody wallets, including but not limited to loss of access due to mismanagement of Passkeys or private keys (see also Clause 4.2);
- increased risks from misuse of passkeys, public/private key cryptography or failure to properly update software to accommodate blockchain protocol changes;
- irreversible blockchain transactions and potential loss of Assets due to human error, software bugs, or vulnerabilities in dApps or Networks;
- investment risk: the value of shares, funds and crypto-assets can fall as well as rise, and you may get back less than you put in. Past performance is not a reliable guide to future results;
- tokenised securities: your rights depend on the issuer and its custodian, and on their continued operation. Trading can be suspended, and a token may not be redeemable or transferable outside the app;
- earnings features: returns come from third-party DeFi protocols, are variable and are not guaranteed. Smart-contract failures, a loss of liquidity or a protocol incident can cause partial or total loss;
- AI output: Moneda AI can produce answers that are wrong, incomplete or out of date (Section 7); and
- regulatory changes outside Moneda’s control, which may impact the availability or functionality of certain features or services.
Moneda does not operate or control blockchain protocols, smart contracts, or other third-party services. You agree that Moneda is not responsible for:
- the functioning or security or technical upgrades of any dApps or supported Networks;
- any third-party application, service, token or Asset you interact with using the Service, including risks from fraudulent representations or social engineering scams; and
- costs, market volatility, or transaction delays inherent to blockchain Networks.
It is your responsibility to:
- securely store your Credentials;
- understand and evaluate the risks of using third-party dApps and Assets;
- maintain technical and financial knowledge to manage your interactions with decentralized financial systems; and
- consult with a tax or accounting advisor regarding potential tax obligations arising from blockchain-related activities.
While Moneda may perform preliminary reviews of third-party applications or tokens integrated into the Service, such reviews are not comprehensive security audits or endorsements. Moneda disclaims any responsibility for verifying the safety, security, or legitimacy of third-party applications, services, or tokens. You expressly assume full responsibility for all risks associated with using the Service to interact with blockchain protocols and third-party offerings.
12.3 Your Statutory Rights for Digital Services
If you are a consumer, you have statutory rights where a digital service we provide to you is not in conformity with the contract. Depending on the case these include having the service brought into conformity, a reduction of the price, or ending the contract. Nothing in this Section 12 or in Section 19 limits those rights. To use them, contact us in the app under Help Centre > Talk to Support or at legal@moneda.com.
13. Moneda Points Rewards Program
13.1 Overview of Moneda Points
Moneda may introduce a rewards or engagement program (the “Moneda Points Rewards Program” or the “Program”) under which users of the Services (“Users”) may earn and accumulate certain non-monetary points (“Moneda Points”) in connection with selected activities, engagement, testing, or participation within the Services.
Moneda Points are intended solely for internal tracking, testing, promotional, engagement, or community purposes and, where Moneda offers it, for redemption for AI credits (Clause 13.10). Moneda Points do not constitute currency, electronic money, digital assets, crypto-assets, securities, deposits, financial instruments, or any other regulated or unregulated asset, nor do they represent tangible or intangible property of any kind.
Participation in the Program is entirely optional and is not required to access or use the core or essential functionality of the Services. Non-participation in the Program shall not restrict or impair a User’s access to the Services.
13.2 No Monetary Value; No Transferability
Moneda Points:
- Have no monetary value and are not redeemable for cash, fiat currency, stablecoins or crypto-assets. The only thing Moneda Points can be exchanged for is AI credits, where and for as long as Moneda offers this (Clause 13.10).
- Are not transferable, tradeable, assignable, saleable, or exchangeable, whether within or outside the Services, except where explicitly authorized by Moneda in writing.
- Do not give rise to any ownership, proprietary, contractual, restitutionary, or other legal right against Moneda or any third party.
Moneda Points may only be used, if at all, in the limited manner expressly described by Moneda in connection with the Program and may be subject to additional conditions or limitations communicated by Moneda from time to time.
13.3 Technical and Legal Nature of Moneda Points
Moneda Points are offchain, non-tokenized, revocable accounting entries maintained exclusively within Moneda’s internal systems and databases. Moneda Points are not recorded on any blockchain or distributed ledger and do not represent a claim, credit, balance, or liability of Moneda toward any User.
The accumulation of Moneda Points does not create any expectation of future value, conversion, or benefit and does not imply that Moneda Points will ever be exchanged for, converted into, or associated with any digital token, crypto-asset, stablecoin, or other financial product. Redemption for AI credits under Clause 13.10 is not such a conversion: AI credits are a usage allowance for Moneda’s own features.
13.4 Gratuitous Nature; No Consideration
The granting and accumulation of Moneda Points is voluntary and gratuitous. Participation in the Program and the receipt of Moneda Points does not constitute consideration for any action, activity, contribution, or engagement by the User and does not create a bilateral contractual obligation between Moneda and the User beyond these Terms.
13.5 No Guarantee of Future Benefits
Participation in the Program or accumulation of Moneda Points does not entitle a User to any present or future rewards, benefits, airdrops, tokens, financial incentives, or continued access to any feature, except as explicitly stated by Moneda in writing.
Any references by Moneda to potential future uses, features, or functionality related to Moneda Points are illustrative only, are not binding, and may be modified or withdrawn at Moneda’s sole discretion.
13.6 Program Modification, Suspension, or Termination
Moneda reserves the right, at its sole discretion and at any time, to modify, limit, suspend, or terminate the Program, the earning logic, visibility, or utility of Moneda Points, with or without prior notice.
In the event of modification, suspension, or termination of the Program, any Moneda Points accumulated by a User may be reduced, forfeited, revoked, deleted, or rendered unusable without compensation.
13.7 Compliance, Misuse, and Enforcement
Moneda may limit, suspend, revoke, or remove a User’s access to the Program or any accumulated Moneda Points if Moneda determines, in its sole discretion, that the User has attempted to transfer, sell, manipulate, misrepresent, or otherwise use Moneda Points in a manner inconsistent with these Terms, applicable law, or the intended purpose of the Program.
13.8 Scams, Fraud, and Third-Party Claims
Official information regarding the Program and Moneda Points is available exclusively through Moneda’s official channels, including the Moneda website, application, and verified communications.
Users should exercise caution with respect to third-party claims, representations, or offers relating to Moneda Points, including any claims regarding trading, selling, conversion, or affiliation. Moneda assumes no responsibility for unauthorized, fraudulent, or misleading use of Moneda Points by third parties.
13.9 Termination of Services; Insolvency
Moneda Points shall have no value or effect upon termination of the Services, account closure, or upon the dissolution, insolvency, liquidation, or restructuring of Moneda, and shall not survive such events.
13.10 Redeeming Moneda Points for AI Credits
Moneda may let you redeem Moneda Points for AI credits at the rate, and within the minimum and maximum amounts, shown in the app at the time. Redemption is final. AI credits obtained this way cannot be turned back into Moneda Points, refunded or paid out. Moneda may change the rate or the limits, or end redemption, for the future at any time. Points you have already redeemed are not affected.
14. Term and Termination
14.1 Term
For paid features or subscriptions, the term of this Agreement will commence on the day you accept these Terms (the “Effective Date”) and remain in effect until terminated as provided below or by separate written agreement. For free features, this Agreement will remain in effect until you stop accessing or using the Service.
14.2 Termination
Termination by You: If you wish to terminate this Agreement, you may do so at any time by ceasing all use of the Services and, if applicable, by following Moneda’s account closure procedures (for example, by withdrawing any remaining Assets from your Wallets and contacting support to deactivate your account, if an account exists).
Termination or Suspension by Moneda (for Convenience): Moneda reserves the right to terminate the Services or your access to the Services for convenience with reasonable notice. If you are using only free features, we may terminate your access at any time by providing notice (e.g., via email or in-app notification) or by disabling the Services. If you are using a paid feature, we will make commercially reasonable efforts to give you at least 30 days’ prior notice of termination for convenience, when feasible.
Termination or Suspension by Moneda (for Cause): Moneda may immediately suspend or terminate your access (in whole or in part) without prior notice if we, in our sole discretion, determine that: (i) you have violated these Terms or engaged in any prohibited use or illegal activity; (ii) you have provided false, misleading, or incomplete information to us, including as part of any KYC/identity verification process; (iii) you fail to comply with any applicable legal requirements or we have reason to believe your use of the Services is no longer in compliance with law (for example, if you become a resident of a Restricted Territory or are placed on a sanctions list); or (iv) it becomes necessary to do so at the request of a regulatory authority or our third-party partners (for example, if a regulated partner like MoonPay Enterprise instructs Moneda to suspend your access due to a violation of MoonPay Enterprise’s terms or for compliance reasons).
14.3 Effect of Termination
Upon the termination date:
(i) all rights granted under these Terms will immediately terminate;
(ii) your access to the Services, including but not limited to Moneda Points, will terminate and any contractual relationship with third Parties, which you have entered as part of the Services, will be terminated, too;
(iii) each party remains responsible for fees and charges incurred through the termination date and any fees during a post-termination period as applicable;
(iv) the terms of this Agreement will survive termination as necessary to address disputes, enforce rights, and govern any post-termination use of the Service.
For any use of the Service after termination, these Terms will continue to apply, and if under a paid feature, applicable fees will be charged accordingly.
Please note that the Wallet, which you create as part of the Services, does not cease to exist upon termination and can still be accessed by compatible non-custodial tools or software, provided you retain your Credentials. Moneda does not warrant that your access to the Wallet will be technically possible via third-party tools and is not obliged to enable or support third-party access. To avoid any potential loss or delay in accessing your cryptocurrency, please make sure that you transfer all cryptocurrency amounts from your Wallet before any termination becomes effective. For the avoidance of doubt, any access to your Wallet requires your Credentials which Moneda can neither access nor restore in case of loss.
14.4 Suspension of Accounts
Moneda reserves the right to suspend or terminate your access to the Services if there is reasonable suspicion that you:
- violate these Terms;
- engage in activities that pose significant financial, operational, or reputational risks to Moneda or its users, including but not limited to: exploiting system vulnerabilities, facilitating widespread user harm, inciting regulatory scrutiny, disrupting service availability, or damaging Moneda's brand integrity;
- have provided false information with respect to your identity or in other material respects; or
- are in conflict with any regulated third-party terms or if a regulated third-party provider, whose services are accessible via your Wallet or via Moneda has instructed Moneda to block your account.
14.5 Appeals
If we suspend, restrict or terminate your access, including a pause of Moneda AI under Section 7.1, we will tell you, and give you the reason unless the law does not allow us to.
You can appeal within 30 days of that notice, in the app (Settings > Help Center > Talk to Support) or by email to support@moneda.com from the address on your account. Tell us your username and why you believe the decision was wrong. The appeal is reviewed by a member of staff who was not involved in the original decision, together with any information you send. We will reply within 14 days. The outcome is either that your access is restored, or that the decision is confirmed with the reasons for it.
An appeal does not affect any other right you have to complain or to go to court (Section 20).
15. Regulatory Compliance
Moneda uses best efforts to operate in compliance with the laws that apply to it in Germany and in the EU, including the EU General Data Protection Regulation (GDPR). Moneda is not itself a regulated entity (see Clause 3.5). We implement internal policies and procedures designed to prevent misuse of our Services for illicit purposes and to uphold financial crime compliance standards. Users of the Services are expected to comply with all laws and regulations that apply to them, including local laws relevant to cryptocurrency and financial transactions. You are responsible for understanding the legal requirements of your own jurisdiction and you agree not to use Moneda’s Services in any manner that would cause Moneda to be in violation of any applicable laws.
16. Notice
16.1 Notice to You
We may give you notice under this Agreement in the app, by push notification, or by email to an address linked to your account. A notice in the app is given when it is shown to you there.
16.2 Notice to Us
To give us notice under this Agreement, you must contact us by email at legal@moneda.com.
16.3 Assignment
You must not assign your rights or obligations under these Terms in whole or in part to any third party. You acknowledge and agree that Moneda may assign its rights and obligations under these Terms and, in such context, share or transfer information provided by you while using the Service to a third party. We will comply with statutory notification and consent requirements in case of a full transfer of this Agreement to a third party.
16.4 No Waivers
Failure to enforce any provision of these Terms does not constitute a waiver. All waivers must be in writing to be effective.
16.5 Severability
If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect. Invalid provisions will be interpreted to align with the intent of the original provision as closely as possible. If this is not feasible, the invalid portion will be severed, and the rest of the Terms will remain effective.
17. Changes
17.1 Changes to the Service
We may change or discontinue any part of the Service or modify functionality from time to time. We will use commercially reasonable efforts to communicate any discontinuation of the Service through the website, app, or other public communication channels. If you are using a paid feature, we will make commercially reasonable efforts to notify you at least 30 days in advance of such changes, and we will aim to support the feature for up to three months after discontinuation unless doing so would:
- pose a security or intellectual property risk,
- be economically or technically burdensome, or
- create an undue risk of violating any applicable law or regulation.
17.2 Updates
We will tell you about updates that are needed to keep the Services in conformity with these Terms, including security updates, and how to install them. If you do not install such an update within a reasonable time, we are not liable for a defect that results only from the missing update, provided that we told you about the update and the consequences of not installing it, and that the failure to install it was not caused by faulty instructions from us.
We may also release updates that add or change features. If a change we make to a paid part of the Services materially and negatively affects your access to it or your use of it, you may end your paid plan free of charge within 30 days of our notice or of the change, whichever is later, and we refund the part of your payment that covers the time after the plan ends.
17.3 Changes to the Terms
We may change these Terms. We will tell you about a change in the app or by email at least 30 days before it takes effect, and show you what is changing. Changes that only add features, correct errors, or are required by law or by a regulator take effect on the date we tell you. Any other change takes effect only if you agree to it in the app.
Apart from price changes, which are made as set out in Section 8.5, amendments to these Terms and Conditions which impose (additional) payment obligations or have otherwise negative legal or commercial consequences to you will be made subject to your explicit consent, which can be granted by the Moneda app. If you do not consent to a proposed amendment, we reserve the right (i) to stop providing all or parts of our Services to you and/or (ii) to terminate the contract with you, if you have been advised on such consequences together with the proposed change.
18. Miscellaneous
18.1 Feedback
We welcome feedback, comments, ideas, and suggestions for improvements to the Service (“Feedback”). You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.
18.2 Force Majeure
Neither party nor their respective affiliates will be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond such party’s reasonable control, including but not limited to failures of utilities or telecommunications, cyber-attacks, earthquakes, storms or other natural events, pandemics, blockades, embargoes, riots, acts or orders of government, acts of terrorism, or acts of war. In the event such a force majeure circumstance materially affects the availability or performance of the Service, Moneda will use commercially reasonable efforts to notify Users through public communication channels or registered email addresses as soon as practicable.
19. Limitation of Liability
19.1 Limitation of Amount
WITH THE EXCEPTION OF CLAIMS RELATING TO A BREACH OF OUR PROPRIETARY RIGHTS OR INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MONEDA, INCLUDING ITS AFFILIATES, ARISING OUT OF OR RELATED TO THESE TERMS (REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM NEGLIGENCE OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. IF NO FEES HAVE BEEN PAID, MONEDA’S LIABILITY SHALL NOT EXCEED €5,000. THIS LIMITATION APPLIES TO BOTH CONTRACTUAL AND TORT CLAIMS AND REGARDLESS OF THE THEORY OF LIABILITY.
19.2 Exclusion of Consequential and Related Damages
IN NO EVENT SHALL MONEDA OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF MONEDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION APPLIES REGARDLESS OF THE BASIS FOR LIABILITY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
19.3 Liability Towards Consumers
If you use the Services as a consumer, this paragraph 19.3 shall apply instead of paragraphs 19.1 and 19.2:
Moneda shall be liable without limitation:
- for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by Moneda, its legal representatives, or vicarious agents;
- for other damages caused by an intentional or grossly negligent breach of duty or by fraudulent concealment;
- under the German Product Liability Act and other mandatory statutory liability; and
- to the extent we have given a guarantee.
In the case of slightly negligent breaches of essential contractual obligations (cardinal duties), Moneda shall only be liable for typical, foreseeable damage. Cardinal duties are those contractual obligations the fulfillment of which is essential for the proper performance of the contract and on the compliance with which the customer may regularly rely.
In all other respects, Moneda’s liability is excluded.
The provisions of this paragraph 19.3 shall also apply to the extent that a competent court in your jurisdiction determines that paragraphs 19.1 and/or 19.2 is/are invalid in your jurisdiction.
19.4 No Liability for Blockchain Transactions and other Third-party Services
For the avoidance of doubt, as a technical provider, Moneda does not control any cryptocurrencies, cryptographic keys or Credentials and has no control over any Networks and EMTs. Therefore, subject to paragraph 19.3, Moneda expressly excludes any responsibility or liability for any damages or losses resulting from:
- blockchain transactions and your interactions with Networks, to the extent that the relevant damage is not directly attributable to a malfunction of Moneda’s software;
- any loss of cryptocurrencies, cryptographic keys or other Credentials, to the extent that the relevant damage is not directly attributable to a malfunction of Moneda’s software;
- any access to the User’s Wallet or account which was authorized by the User’s Credentials or which was otherwise authorized by or on behalf of the User; and/or
- any action or omission by, and any interaction of a User with a third-party provider, which has entered into a separate agreement with the User.
In addition, subject to paragraph 19.3, any potential liability arising from a temporary non-availability of Moneda’s API is expressly excluded.
20. Governing Law and Disputes
20.1 Governing Law
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, you also keep the protection of the mandatory provisions of the law of the country where you habitually reside.
20.2 Jurisdiction
If you are a consumer, you may bring proceedings in the courts of the country where you live, and we may bring proceedings against you only there. In all other cases the courts of Berlin, Germany have jurisdiction.
20.3 Consumer Dispute Resolution
We are not willing and not obliged to take part in dispute resolution proceedings before a consumer arbitration board. If you have a complaint, contact us in the app under Help Centre > Talk to Support or at legal@moneda.com.
21. Mobile Applications
21.1 General
If you use the Moneda app on a mobile device, we grant you a non-exclusive, non-transferable, revocable licence to use it on devices you own or control, for as long as these Terms apply. Your mobile provider may charge you for data use. Those charges are yours.
21.2 App Obtained from the Apple App Store
These Terms are between you and Moneda only. Apple Inc. (“Apple”) is not a party to them and is not responsible for the app or its content. Your use of the app must follow the usage rules in Apple’s terms for the App Store. Apple has no obligation to provide maintenance or support for the app. If the app does not conform to a warranty that applies to it, you may notify Apple, and Apple will refund the purchase price of the app, if any. Apart from that, and to the extent the law allows, Apple has no warranty obligation for the app. Apple is not responsible for any claim relating to the app or your use of it, including product liability claims, claims that the app does not meet a legal or regulatory requirement, and claims under consumer protection or privacy law. If a third party claims that the app infringes its intellectual property rights, Moneda, not Apple, is responsible for handling the claim. You confirm that you are not located in a country under a United States government embargo and are not on a United States government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to your licence of the app from the App Store, and may enforce them against you on that basis. Questions, complaints and claims about the app go to Moneda Digital GmbH, Wilmersdorfer Str. 122-123, 10627 Berlin, Germany, legal@moneda.com.
21.3 App Obtained from Google Play
These Terms are between you and Moneda only. Google LLC and its affiliates (“Google”) are not a party to them. Your use of the app must follow the Google Play Terms of Service. Google only provides the store from which you obtained the app. Moneda, not Google, is responsible for the app, and Google has no obligation or liability to you in relation to the app or these Terms.
Thank you for choosing Moneda!
Appendix 1: Model Withdrawal Form
Complete and return this form only if you wish to withdraw from the contract.
To: Moneda Digital GmbH, Wilmersdorfer Str. 122–123, 10627 Berlin, Germany, legal@moneda.com
I hereby give notice that I withdraw from my contract for the provision of the following service (paid plan or AI credits): ____________________
Ordered on: ____________________
Name of consumer:
Email address or username of the Moneda account:
Address of consumer (only if this form is sent on paper):
Signature of consumer (only if this form is sent on paper):
Date:
