Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("User," "you") and DDPay Wallet, LLC, a Wyoming, USA limited liability company operating under the DDPAY brand, with its principal operating office in Lima, Peru ("DDPAY," "we," "us").

These Terms govern your access to and use of the DDPAY Network, including our website, mobile application, custodial wallet infrastructure, cross-border transfer services, merchant payment tools, and the Andina USD and Inca Coin stablecoins (collectively, the "Services").

By creating an account or otherwise using the Services, you agree to these Terms, our Privacy Policy, our Acceptable Use Policy, and any product-specific terms (including the Stablecoin Terms), each incorporated by reference.

To use the Services you must be at least 18 years old and have the legal capacity to enter into a binding contract, not be located in, organized in, or a resident of a country or region subject to comprehensive U.S. or Peruvian sanctions, or appear on any applicable restricted-party list (see Section 9, Sanctions compliance), successfully complete our identity-verification and KYC process, and use the Services only for lawful purposes consistent with the Acceptable Use Policy.

We may refuse service, restrict, or terminate access to any person at our discretion, including to comply with legal or regulatory obligations.

You must provide accurate, current, and complete information during registration and promptly update it as it changes. We conduct identity verification, customer due diligence, and ongoing transaction monitoring consistent with our AML/CFT program and applicable law, including regulations of Peru's SBS and UIF-Perú and, where applicable, U.S. federal requirements.

We may request additional documentation at any time, including source-of-funds information, and may delay, hold, or decline a transaction pending completion of such review.

We charge fees for certain Services, including transfer, conversion, and merchant-settlement fees, as disclosed to you at the time of the applicable transaction or in our published fee schedule.

We may change our fees prospectively upon notice as described in Section 20, Modifications to these Terms.

Where applicable law (including FinCEN's Travel Rule and equivalent Peruvian requirements administered by UIF-Perú) requires us to collect and transmit originator and beneficiary information in connection with a transfer, you authorize us to collect, retain, and share such information with counterparty virtual-asset service providers, financial institutions, and regulators as required.

We may decline to process a transfer if required Travel Rule information cannot be obtained or verified.

Use of digital assets, including cryptocurrencies and the DDPAY Stablecoins, involves significant risk, including price volatility (for non-stablecoin digital assets), smart-contract and blockchain-protocol risk, custody and counterparty risk, regulatory risk, and the risk that a stablecoin issuer may be unable to honor redemptions at par.

A full discussion of these risks is set out in our separate Risk Disclosure Statement, which you acknowledge having reviewed before using digital-asset features of the Services.

Nothing in the Services constitutes investment, legal, or tax advice.

You agree not to use the Services for any unlawful purpose or in violation of our Acceptable Use Policy, including for money laundering, terrorist financing, fraud, evasion of sanctions, transactions involving restricted countries or parties, or any activity that violates applicable law.

Violation of this Section or the Acceptable Use Policy may result in suspension or termination of your account and reporting to competent authorities.

DDPAY screens Users and transactions against applicable sanctions and watchlists, including those maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") and Peru's UIF-Perú, as well as relevant PEP and adverse-media sources.

You represent that you are not, and are not owned or controlled by, a person or entity subject to sanctions, and that you are not located in a comprehensively sanctioned jurisdiction.

We may block, freeze, or reject any transaction or account to comply with sanctions law, without liability to you for resulting delay or loss.

We may suspend, freeze, limit, or terminate your account or a specific transaction, without prior notice where legally permitted, if we reasonably believe your account has been used for prohibited, fraudulent, or illegal activity; we are required to do so by law, regulation, court order, or a competent authority (including Peru's SBS or UIF-Perú); your account poses a security or compliance risk; or you have breached these Terms or the Acceptable Use Policy.

We will make commercially reasonable efforts to notify you of such action and the reason, except where notice is prohibited by law (for example, in connection with a suspicious-activity report).

Business and merchant Users must provide entity formation documents, beneficial-ownership information, and authorized-signer verification.

Business and merchant accounts are additionally bound by the Business Account Agreement, which governs settlement timing, chargeback and dispute handling, integration requirements, and merchant-specific fees.

Individual consumer Users are additionally bound by the Consumer Wallet Agreement, which governs personal transfer limits, funding and withdrawal methods, and consumer-specific dispute-resolution procedures.

DDPAY and its licensors retain all right, title, and interest in and to the Services, including all software, trademarks (including "DDPAY," "Andina USD," and "Inca Coin"), and content, excluding User-provided content and public blockchain data.

We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purpose, subject to these Terms.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, DDPAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

WE DO NOT WARRANT THAT DIGITAL ASSETS, INCLUDING THE DDPAY STABLECOINS, WILL MAINTAIN ANY PARTICULAR VALUE OR PEG.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DDPAY, ITS AFFILIATES, AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF DIGITAL ASSETS, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO DDPAY IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) USD $100.

THIS SECTION DOES NOT LIMIT LIABILITY WHERE PROHIBITED BY APPLICABLE CONSUMER-PROTECTION LAW, INCLUDING MANDATORY PERUVIAN CONSUMER-PROTECTION PROVISIONS (CÓDIGO DE PROTECCIÓN Y DEFENSA DEL CONSUMIDOR) THAT MAY APPLY TO PERUVIAN CONSUMER USERS.

You agree to indemnify and hold harmless DDPAY, its affiliates, officers, and service providers from any claims, losses, or expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your violation of applicable law, or your misuse of the Services.

DDPAY will not be liable for any failure or delay in performance resulting from events beyond our reasonable control, including natural disasters, acts of government, network or blockchain-protocol outages, and failures of third-party infrastructure or banking partners.

You may close your account at any time by following the process described in our support channels, subject to completion of any pending transactions and applicable recordkeeping retention. We may close your account as described in Section 10, Account suspension, freezing, and fraud prevention.

Upon closure, we will facilitate withdrawal of your remaining balance, less applicable fees, to a verified external account, except where restricted by law, regulatory hold, or an open investigation.

We may modify these Terms from time to time. We will provide notice of material changes (for example, by email or in-app notice) before they take effect.

Continued use of the Services after the effective date of a change constitutes acceptance of the revised Terms.

A few final terms apply across this agreement:

• Entire agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, Cookie Policy, Risk Disclosure Statement, Stablecoin Terms, and any applicable Business Account or Consumer Wallet Agreement, constitute the entire agreement between you and DDPAY regarding the Services.
• Severability. If any provision is held unenforceable, the remaining provisions will remain in full force.
• Assignment. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Electronic communications. You consent to receive communications and disclosures electronically, as further described in our Electronic Communications Consent (E-Sign).

Questions about these Terms? Reach out and we'll get back to you.

DDPay Wallet, LLC — Principal Office: Lima, Peru. Email: compliance@ddpay.io.