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Terms of Service

Last updated: January 28, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and BasaltSurge ("Company," "we," "us," or "our") governing your access to and use of our website, mobile applications, and payment processing services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our Services.

2. Eligibility

To use our Services, you must:

  • Be at least 18 years of age or the age of legal majority in your jurisdiction
  • Have the legal capacity to enter into a binding agreement
  • Not be prohibited from using our Services under applicable laws
  • Not be located in a jurisdiction where our Services are prohibited
  • Complete our identity verification process as required

If you are using our Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Account Registration

To access certain features of our Services, you must create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, false, or no longer current.

4. Services Description

BasaltSurge provides payment processing services that enable merchants to accept cryptocurrency and fiat currency payments. Our Services include:

  • Cryptocurrency payment processing and settlement
  • Fiat currency on-ramp and off-ramp services
  • Point-of-sale terminal solutions
  • E-commerce payment integration
  • Transaction monitoring and reporting
  • Multi-currency wallet management

5. Payment Terms and Fees

By using our payment processing Services, you agree to the following:

  • Transaction Fees: We charge fees for processing transactions as outlined in our fee schedule. Fees may vary based on payment method, currency, and volume.
  • Settlement: Funds will be settled to your designated account according to our settlement schedule. Settlement times may vary based on payment method and verification status.
  • Chargebacks and Disputes: You are responsible for chargebacks, disputes, and reversals initiated by customers. We may deduct disputed amounts from your balance pending resolution.
  • Currency Conversion: Exchange rates for currency conversions are determined at the time of transaction and include applicable spreads.
  • Refunds: You are responsible for processing refunds to customers. Original transaction fees may not be refundable.

6. Acceptable Use Policy

You agree not to use our Services for:

  • Any illegal, fraudulent, or unauthorized purpose
  • Money laundering, terrorist financing, or other financial crimes
  • Violating any applicable laws, regulations, or third-party rights
  • Processing transactions for prohibited goods or services
  • Circumventing our security measures or verification processes
  • Interfering with or disrupting our Services or servers
  • Creating false or misleading accounts or transactions
  • Engaging in market manipulation or wash trading

We reserve the right to suspend or terminate accounts that violate this Acceptable Use Policy without prior notice.

7. Intellectual Property

The Services and all content, features, and functionality (including but not limited to software, text, graphics, logos, icons, and images) are owned by BasaltSurge or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not copy, modify, distribute, sell, or lease any part of our Services without our prior written consent. You may not reverse engineer or attempt to extract the source code of our software.

8. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our Services will be uninterrupted, error-free, or secure. We do not guarantee the accuracy, completeness, or timeliness of information provided through our Services.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BasaltSurge, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or data
  • Business interruption
  • Loss of use or goodwill
  • Procurement of substitute goods or services
  • Damages resulting from unauthorized access, alteration of transmissions or data, or any third-party conduct

Our total liability to you for any claims arising out of or relating to these Terms or our Services shall not exceed the amount of fees you paid to us in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless BasaltSurge and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content or data you submit through our Services

11. Termination

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms
  • Violation of applicable laws or regulations
  • Fraudulent or illegal activity
  • Failure to pass verification requirements
  • Request by law enforcement or government agencies

Upon termination, your right to use our Services will cease immediately. We may retain your data as required by applicable laws and for legitimate business purposes.

12. Dispute Resolution

Any disputes arising out of or relating to these Terms or our Services shall first be attempted to be resolved through informal negotiation. If the dispute cannot be resolved informally, both parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association.

You agree that any arbitration shall be conducted on an individual basis and not as a class action or representative proceeding. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction of the federal and state courts located in Delaware for any legal action or proceeding.

14. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms.

15. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

16. Contact Information

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

BasaltSurge

Email: [email protected]

Website: https://basalthq.com