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Legal
These Terms govern your access to and use of the DDPAY Network, including our website, mobile app, non-custodial wallet software, cross-border transfers, merchant payment tools, and the Andina USD and IncaCoin products.
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, non-custodial wallet software, cross-border transfer services, merchant payment tools, and the Andina USD and IncaCoin products (collectively, the "Services").
By creating an account or otherwise using the Services, you agree to these Terms and our Privacy Policy, 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, as further described in Section 8, Prohibited uses.
We may refuse service, restrict, or terminate access to any person at our discretion, including to comply with legal or regulatory obligations.
The DDPAY Network is an interoperability layer that enables the routing and settlement of cross-border payments across supported currencies, local stablecoins, and supported public blockchain rails (currently Stellar and Solana), connecting users, merchants, and businesses across Peru and other supported Latin American markets.
Andina USD is the name the Services use for the USDC held in your wallet. USDC is a U.S. dollar–referenced stablecoin issued by a third party, not by DDPAY, and its issuer's terms govern it, including redemption.
Andina USD is not a separate token, a deposit with DDPAY, or a liability of DDPAY, and DDPAY holds no reserves for it. IncaCoin is a PEN-referenced product that is not currently available; if we offer it, we will disclose its terms, including how it is issued and backed, before you can use it.
Wallets created through the Services are non-custodial. Each wallet is a smart-contract wallet on a supported public blockchain, provided through our wallet-infrastructure provider (currently Crossmint). The key that authorizes transfers from your wallet is created and stored on your device, or held in an external wallet you connect. DDPAY does not hold, have access to, or control that key, and DDPAY cannot transfer, freeze, or reverse the assets in your wallet.
When you send, pay, or cash out through the Services, DDPAY prepares the transaction for you to review, and it takes effect only when you approve it with a key you control. Once a transaction is confirmed on the blockchain, it is final, and DDPAY cannot reverse it.
You can add a device to your wallet by approving it from a device that already holds a key, and you can recover access with a one-time code sent to the email address on your account, through our wallet-infrastructure provider. You are responsible for keeping your devices, keys, and email account secure. If you lose access to every device that holds a key and to your email account, DDPAY cannot restore your wallet or recover its assets.
The Services allow eligible Users to send and receive cross-border transfers and to accept merchant payments, subject to applicable transaction limits, KYC tiering, fees, and the Travel Rule and sanctions-screening requirements described below.
Buying USDC with a card or bank transfer, and converting USDC into local currency paid to your bank account, are provided by third-party on-ramp and payout partners under their own terms. DDPAY facilitates these transactions but does not hold your funds at any point.
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 or decline to facilitate a transaction through the Services 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 stablecoins such as USDC, involves significant risk, including price volatility (for non-stablecoin digital assets), smart-contract and blockchain-protocol risk, the risk that a stablecoin's issuer cannot redeem it at par, regulatory risk, and the risk of permanent loss if you lose access to your keys, your devices, and your recovery email. Transactions confirmed on a public blockchain cannot be reversed.
By using digital-asset features of the Services, you acknowledge and accept these risks.
Nothing in the Services constitutes investment, legal, or tax advice.
You agree not to use the Services for any unlawful purpose, including for money laundering, terrorist financing, fraud, evasion of sanctions, transactions involving restricted countries or parties, or any other activity that violates applicable law.
Violation of this Section may result in suspension or termination of your account and reporting to competent authorities.
DDPAY maintains a sanctions-compliance program. We screen Users against the sanctions lists maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control ("OFAC") when their account is approved and periodically after that, and we may use additional lists and sources, including those applicable under Peruvian law.
Where a transaction is made directly from your wallet without using the Services (for example, with another application), that transaction may not be screened by DDPAY, though your account remains subject to ongoing screening.
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.
To comply with sanctions law, we may decline to prepare or facilitate any transaction and may restrict or close your account, without liability to you for resulting delay or loss. Because your wallet is non-custodial, DDPAY cannot freeze or seize the assets in it, but we may report activity to competent authorities as the law requires.
We may suspend, limit, or terminate your access to the Services, or decline to prepare or facilitate 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. These actions apply to the Services and do not give DDPAY control over the assets in your wallet.
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).
Transactions confirmed on a public blockchain cannot be reversed or unwound by DDPAY. If a transaction made through the Services was unauthorized, fraudulent, or made in error, contact us promptly. We will help where we can, including by working with the recipient, our partners, and competent authorities, but we cannot guarantee recovery.
Payments to merchants and payouts through our partners may also be subject to the merchant's or partner's own refund and dispute procedures.
We may preserve records relating to your account and disclose them, and other information about you or your transactions, in response to a lawful subpoena, court order, or other valid legal process, or a request from a competent regulator or law-enforcement authority, including SBS, UIF-Perú, FinCEN, or their equivalents.
We may file suspicious-activity reports and make other regulatory disclosures as required by applicable law, and we are not required to notify you where notice of such disclosure is prohibited by law.
We will not be liable to you for any loss, including loss of use of the Services, arising from an action taken in good faith under this Section, including a suspension, restriction, refusal, or disclosure made in compliance with applicable law.
Business and merchant Users must provide entity formation documents, beneficial-ownership information, and authorized-signer verification.
Additional terms governing settlement timing, chargeback and dispute handling, integration requirements, and merchant-specific fees are disclosed to you during onboarding and, where applicable, in your merchant agreement.
Personal transfer limits, funding and withdrawal methods, and dispute-resolution procedures for individual consumer Users are as described in these Terms and as disclosed to you in your account dashboard.
DDPAY and its licensors retain all right, title, and interest in and to the Services, including all software, trademarks (including "DDPAY," "Andina USD," and "IncaCoin"), 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 STABLECOINS SUCH AS USDC, 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.
Before initiating a formal dispute, you agree to first submit a complaint to us using the contact details in Section 22. We will acknowledge your complaint and work to resolve it directly. Peruvian consumers retain the right to escalate an unresolved complaint to INDECOPI or, where applicable, to SBS-supervised dispute channels.
These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-laws principles, except that mandatory consumer-protection laws of your jurisdiction of residence (including Peru, where applicable) will apply to the extent such laws cannot be waived by agreement.
Except for claims that qualify for small-claims court or as otherwise required by mandatory local consumer law, disputes will be resolved by binding, individual arbitration, and you waive any right to participate in a class action.
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, transaction finality, and compliance cooperation.
Closing your account does not affect the assets in your wallet, which remain under your control. Before closing, we recommend that you transfer them to another wallet or cash out, because after closure you may no longer be able to use the Services, including our payout partners and recovery features, to access them.
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:
Questions about these Terms? Reach out and we'll get back to you.
DDPay Wallet, LLC — Principal Office: Lima, Peru. Email: admin@ddpay.io.