Terms of Service

1. Agreement to Terms

By using PayGear (the “Service”), operated by PayGear Pty Ltd (ABN: 97 686 797 759), you agree to these Terms of Service (“Terms”). If you disagree with any part, do not access or use the Service.

PayGear is an AUSTRAC‑registered remittance service and virtual asset service provider (VASP) (AUSTRAC Registration No: IND100894832-001). These Terms incorporate our regulatory obligations under Australian law.

2. Definitions

In these Terms, “Digital Currency” has the meaning given in the AML/CTF Act. “Service” refers to the products, services, content, features, technologies, or functions, and all related websites, APIs, and services offered to you by PayGear. “AML/CTF Act” refers to the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (Cth).

3. Description of Service

PayGear provides tools to view and manage information related to your crypto accounts and other financial connections you authorise. Future features may include peer‑to‑peer transfers and non‑custodial wallet tooling.

4. Eligibility & Age

You must be at least 18 years old to use the Service.

5. User Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You must also take reasonable steps to keep any API keys you connect to the Service secure.

6. Compliance (KYC/AML) and Verification

You agree to provide accurate information and to undergo identity verification as required by law (including anti‑money laundering and counter‑terrorism financing obligations). We may use the Australian Document Verification Service (DVS) and other lawful means to verify your identity.

You acknowledge that PayGear is an AUSTRAC‑regulated remittance service and Virtual Asset Service Provider (VASP). We comply with the Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006 (Cth) and Rules. We may delay, block, freeze or refuse transactions, suspend account features, or close accounts where we reasonably believe it is necessary to comply with law (including sanctions laws) or to manage financial crime risk. To the extent permitted by law, we may be prohibited from informing you about certain actions (no “tipping‑off”). You must not use the Service in connection with sanctioned persons, countries, or prohibited transactions.

We conduct ongoing transaction monitoring and may require additional information or documentation at any time to meet our AML/CTF obligations. Failure to provide requested information may result in service restrictions or account closure.

Some transfers may be paused for internal compliance or security review. We do not guarantee same‑day processing while a review is underway, and we may restrict starting further outbound transfers until an open review is completed. These steps are taken only where permitted or required by law and our policies.

6A. Verification, security and compliance information

To keep PayGear accounts secure, prevent fraud and meet our legal and regulatory obligations, we may use information you provide to us, information contained in documents or images submitted as part of verification, and information from your interactions with PayGear.

This may include information needed to verify your identity, assess account or transaction risk, investigate suspicious activity, respond to disputes, and comply with our obligations under anti-money laundering, counter-terrorism financing, sanctions, fraud prevention and record-keeping laws.

You must only provide information and documents that you are entitled to provide, and you must not submit information about another person unless it is reasonably required for your account, business verification or transaction.

Full details of what we collect, how we use it, how long we keep it and your rights are set out in our Privacy Policy.

7. Acceptable Use

You agree not to use the Service for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Service in any way that could damage the Service, the business of PayGear, or other users.

You represent and warrant that you are not a sanctioned person and will not use the Service to evade sanctions, conduct illegal activity, or access the Service from jurisdictions where use is prohibited by law. We may restrict or terminate access where required by sanctions or export control laws.

8. API Keys and Exchange Connections

If you connect an exchange account to PayGear using API keys, you are responsible for creating and managing those keys safely. You should use the security tools provided by the exchange, including IP whitelisting where available, strong account security, passkeys, SMS, authenticator app or email confirmations, and any other multi-factor authentication options offered by the exchange.

You should grant only the permissions needed for the transaction or feature you are using. We strongly discourage keeping funds in any exchange account while it is connected to PayGear with a withdrawal-enabled API key, unless those funds are needed for an immediate transfer. Where withdrawal access is needed, you should enable it only for the period reasonably required to complete the transfer, then disable, rotate or remove the key when it is no longer needed.

PayGear is responsible for taking reasonable steps to protect API keys and exchange credentials handled by our systems. For a PayGear-initiated transaction, we do not exclude responsibility for security issues arising within that transaction to the extent they are caused by PayGear's software, infrastructure, negligence or breach of these Terms, subject to the liability limits in these Terms and any rights that cannot be excluded under Australian law.

PayGear is not responsible for losses caused by API keys that are created, stored, shared, permissioned or used insecurely by you, by your handling of API keys contrary to the recommended security guidelines set out in our help articles, walkthroughs or educational materials, by your exchange account being compromised outside PayGear, or by actions taken directly through the exchange or another third-party service outside PayGear's control.

9. Service Availability; Changes and Suspension

We may modify, suspend, or discontinue any part of the Service at any time, including for maintenance, legal or security reasons. We may suspend or terminate your access if you breach these Terms or we reasonably suspect misuse, fraud, or non‑compliance.

Account termination: We may terminate your account with 30 days' notice (or immediately for serious breaches). Upon termination, you must cease using the Service and we may retain records as required by law. Any outstanding obligations survive termination.

Events beyond our reasonable control (including outages of third‑party providers, network failures, cyber incidents, pandemics, industrial actions, acts of government, or natural disasters) may impact the Service. We are not responsible for any failure or delay caused by such events but will take reasonable steps to mitigate their impact.

10. Fees, rates and rate protection

We may charge fees for certain features. If applicable, fees and billing terms will be presented before you are charged. Taxes may apply. Current fee schedules are available on our website and may be updated with reasonable notice.

Exchange rates and conversion outcomes can change before a transfer is completed, due to market movements, exchange behaviour, and timing. Unless you opt in to rate protection where we offer it and describe it when you confirm the transaction, we are not responsible for differences between any indicative or quoted rate and the rate or outcome finally applied, and you accept that risk.

If you select rate protection, its benefit is limited strictly to what we say at the time you opt in. Rate protection does not override our legal or compliance obligations. If an internal compliance or security review concludes that a transfer should not proceed, we may refuse or cancel the transaction (without completing the transfer), even where rate protection was selected, to the extent permitted by law.

11. Regulatory Compliance and Data Use

You acknowledge and consent to our collection, use, and disclosure of your personal information as described in our Privacy Policy and as required for AML/CTF compliance. This includes transaction monitoring, screening against sanctions lists, and reporting to AUSTRAC and other regulators as required by law.

We may share information with other financial institutions and service providers for fraud prevention and regulatory compliance. You waive any bank secrecy or privacy rights that would prevent such sharing where permitted or required by law.

12. Taxes

You are solely responsible for determining, reporting, and paying any and all taxes, duties, levies, or similar assessments that may apply to your use of the Service, including transactions in digital assets. PayGear does not provide tax advice and does not calculate, withhold, or remit taxes on your behalf. Consider consulting an independent tax adviser.

13. Risks; Disclaimers and Limitation of Liability

Digital assets may be volatile and carry risk. You are solely responsible for your decisions. The Service is provided on an “as is” and “as available” basis without warranties of any kind. To the maximum extent permitted by law, PayGear excludes all implied warranties and is not liable for indirect or consequential loss.

No financial product advice: Information provided via the Service is general in nature and does not take into account your objectives, financial situation, or needs. We do not provide financial product advice or act as a broker, dealer, or fiduciary. Consider obtaining independent advice before making any financial decision. We do not hold custody of your assets.

Australian Consumer Law: Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law (ACL) that cannot be excluded. Where our liability under the ACL cannot be excluded but may be limited, our liability is limited to the resupply of the services or the cost of resupply.

Our total aggregate liability for all claims relating to these Terms is limited to the greater of (a) the total fees paid by you to us in the 12 months prior to the claim, or (b) AUD $100.

14. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless PayGear, its affiliates, officers, directors, employees, contractors and agents from and against any and all claims, demands, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or related to: (a) your use or misuse of the Service; (b) your breach of these Terms; (c) your violation of any law or third‑party rights; (d) any content or data you submit or make available via the Service; and (e) your API keys and exchange connections.

15. Accuracy of Information

The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

16. Intellectual Property

The Service, including all software, text, graphics, logos, and other materials, is owned by or licensed to PayGear and is protected by intellectual property and other laws. Subject to these Terms, we grant you a limited, revocable, non‑exclusive, non‑transferable licence to access and use the Service for your personal or internal business purposes. You must not copy, modify, distribute, sell, reverse engineer, or create derivative works from the Service or any part of it except as permitted by law.

17. Fraud and Scams

Always verify communications purporting to be from PayGear. We will never ask for your private keys, seed phrases, or one‑time passwords. Be aware of phishing and impersonation attempts. You are responsible for securing your accounts and devices. To the extent permitted by law, PayGear is not responsible for losses resulting from third‑party fraud or scams. Report suspicious activity to support@paygear.io.

18. Dispute Resolution; Class Action Waiver

If a dispute arises, you agree to first contact us and attempt to resolve the matter informally. To the extent permitted by law, you agree that any claims will be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative action. If this waiver is found unenforceable, only that provision will be severed and the remainder of these Terms will continue in full force.

19. Communications and Electronic Notices

You consent to receive notices and communications from us electronically (including via email, in‑product notifications, or by posting on our website) and agree that such communications satisfy any legal requirement that such communications be in writing.

20. Entire Agreement; Severability; No Waiver

These Terms constitute the entire agreement between you and PayGear in relation to the Service and supersede any prior understandings. If any provision is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment: You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. We may assign or transfer our rights and obligations in connection with a merger, acquisition, corporate restructure, or sale of assets, with notice to you where required by law.

21. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms of Service on this page.

22. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You submit to the non‑exclusive jurisdiction of the courts of New South Wales, Australia. For disputes involving consumer guarantees under the Australian Consumer Law, you may also bring proceedings in your state or territory of residence.

23. Contact Us

If you have any questions about these Terms, please contact us:

• Email: support@paygear.io
• Legal inquiries: legal@paygear.io
• Post: PayGear Pty Ltd, Sydney, NSW, Australia
• ABN: 97 686 797 759
• AUSTRAC Registration: IND100894832-001