Last updated: 16 May 2024
Latest changes include:
- Revision of "Business Client" to "Client" to further clarify the types of clients we support
- The addition of "Superlite" under the list of products we offer within the "Due Platform"
For a copy of the previous version, please contact us at legal@due.network
General
Due Ltd is a private limited liability company registered and incorporated under the Laws of England and Wales with company registration number 14369984 and whose registered office is 71-75 Shelton Street, Covent Garden, London, United Kingdom, WCH 9JQ. Due Ltd is not registered or authorised to provide regulated financial services.
Cryptocurrency related services are offered by Due Payments EOOD and will be subject to the Cryptocurrency Terms and Conditions. You must read and accept these terms if you wish to receive cryptocurrency services.
These terms and conditions, along with our Privacy Policy, cover the services provided by Due Ltd and form a legal relationship between:
- You, the client (Client)
- Us, Due Ltd
Any services that we offer to you will be governed by and offered in accordance with these terms and conditions. You may only use our services if you agree to these terms and conditions. We are a technology services provider and we offer you an online platform (which may be in the form of a web application “Due Web Application” or a mobile application “Superlite”, together the “Due Platform”) that allows you to access certain technology services.
If you wish to also access our services that enable fiat transactions, you must agree to the Cryptocurrency Terms and Conditions and comply with our AML and KYC policies.
This agreement will remain in force for as long as your account is open and we provide you with our services, and it will not end until you or we end it.
Representations and warranties
In order to access the Due Platform and use our services, you must sign up for an “Account”.
Before registering for an Account with us and for as long as you make use of the Due Platform and our services, you represent and warrant to Due Ltd that:
- You are not under any legal disability, and you are not subject to any law or regulation which prevents: (i) you from entering into these terms, or (ii) your performance according to these terms;
- If you are a limited company, your business entity is validly incorporated and in good standing and you have the authority to enter into and accept these terms;
- Any information and statements that you have provided or may provide to Due are complete, up to date and correct in all respects;
- You will not violate or assist any party in violating any law or regulation;
- You will not provide false, inaccurate, incomplete or misleading information;
- You will not reverse engineer or disassemble any aspect of our services for any purpose, including but not limited to, in an effort to access any source code, object code, underlying ideas and concepts, and algorithms;
Due is not a cryptocurrency exchange service provider and does not provide cryptocurrency custody services.
By registering for an Account and using the services offered on the Due Platform, you agree to authorise Due to work with third party providers in order to provide you with our services. These third parties may include payment service providers, electronic money institutions, cryptocurrency service providers, market makers and banking partners.
You may be subject to the terms and conditions of these third parties and Due will not be liable for any loss that you may incur as a result of using the services of these third parties should something go wrong. To the extent that you use the services of a third party service provider, you may have the right to complain with respect to these services to an independent redress scheme (for example an Ombudsman).
Services
The Due Platform
The Due Platform is a set of services and infrastructure that enables payments leveraging blockchain networks and cryptocurrencies as its transaction rails. The Due Platform is built with security and self-sovereignty in mind. At no point does Due hold custody of cryptocurrencies belonging to the Client or their counterparty (“Counterparty”). At the heart of Due Platform is the Core Protocol, consisting of:
- Smart contracts that are used to route the payments and validate cryptographic signatures, as well as to ensure the payments are correctly charged and settled.
- Relay Service that allows for a seamless UX for both the Client and the Counterparty, simplifying all aspects of making and accepting payments onchain.
Due Platform may also include the account dashboard, Checkout services, Payment links, API tools, Payout, Pay-in and Settlement services.
Checkout services
For Business Accounts, our technology services allow you to integrate, through the use of API, a payment processing method in your online shop or other platform that enables your customers to pay in exchange for goods or services that you sell.
You can use our services in order to accept payments from your Counterparty in cryptocurrencies as well as fiat currency.
- Counterparty can choose to pay in cryptocurrency; or
- They can choose to pay in fiat currency.
Depending on the amount per transaction and the type or method of payment, the Counterparty may also be required to submit information for identity verification purposes and/or in order to enable us or our third-party partners to comply with applicable legal or regulatory requirements.
The Counterparty may select to pay in a range of supported cryptocurrencies or in their local fiat currency. We will work with our group company, Due Payments EOOD, and/or third-party partners to process these payments and exchange the cryptocurrency or fiat currency into the cryptocurrency in which you have selected to receive settlement. The smart contract will route the payment to the cryptoasset wallet linked to your Account and we will not custody the cryptocurrencies on your behalf.
Payment links
Your Account also allows you to create payment links in order to receive payments for goods and services, or to receive money from your friends and family. You may generate a payment link through your Account dashboard. Payment links are a simple ‘no-code’ way to create a checkout session / page that the counterparty will be able to access in order to pay you.
Settlement
Regardless of the payment method used by your Counterparty, settlement will always be in the form of cryptocurrencies using the designated cryptoasset wallet address linked to your Account. You can select the cryptocurrency in which you wish to receive settlement through your dashboard. In order to change the recipient wallet address or settlement cryptocurrency, you will need to sign using the private key in your cryptoasset wallet.
When your Counterparty makes a payment in one of the supported cryptocurrencies, the smart contract will route an onchain payment to the designated cryptoasset wallet address linked to your Account.
Depending on the choice of cryptocurrency used for payment by the Counterparty and your choice of cryptocurrency in which you wish to receive settlement, we may also work with our group company, Due Payments EOOD, and/or our third-party partners to effect an exchange.
When your Counterparty selects to make payment in fiat currency depending on their location, we will work with our group company, Due Payments EOOD, and/or our third-party partners to process the payment and purchase the corresponding amount of cryptocurrencies that will be settled into the non-custodial cryptoasset wallet linked to your Account, in the cryptocurrency in which you have selected to receive settlement.
We do not hold or custody any of the cryptocurrencies received as payment for goods and services from your Counterparty. All proceeds will be held by you in the cryptoasset wallet linked to your Account.
Settlement will usually happen within a 24-hour window but it may sometimes take longer. You will always be able to see the status of payments in your dashboard.
We will not be responsible for any losses you may incur as a result of providing an incorrect non-custodial wallet address, losses resulting from technical errors related to your non-custodial cryptoasset wallet or losses resulting from a fluctuation in the price of cryptocurrency.
Crypto Payout
In your Account dashboard, you may select to initiate a Payout in cryptocurrency. Once initiated, the smart contract will route the transaction to the external wallet address provided by you. You will need to sign the transaction using the private keys stored in your cryptoasset wallet.
It is your responsibility to ensure that the destination wallet address is correct. This is an onchain transaction, and it is therefore final. We will not be able to reverse this transaction and we will not be responsible for any losses you incur as a result.
If you wish to make a Payout in fiat currency, we will create a transaction instruction to a third-party wallet address belonging to one of our partner exchange providers; and you will need to sign that transaction using the private keys in your cryptoasset wallet to make an onchain transfer. The cryptocurrency will then be converted into fiat using the exchange rate shown to you during confirmation.
Due Ltd is not a registered cryptoasset business and it does not engage in the exchange itself. Your transaction will be subject to the third-party terms.
Crypto Pay-in
In your Account dashboard you may select to initiate a Pay-in in cryptocurrency. Once initiated, the smart contract will route the transaction to the wallet address linked to your Due account.
You can obtain the wallet address linked to your account from your dashboard, which can then be shared with whom you will receive the cryptocurrency from. This address may vary depending on the type of cryptocurrency you wish to receive.
You may also receive a Crypto Pay-in by generating a payment link to your wallet through your dashboard.
Supported cryptocurrencies
We support payments with most cryptocurrencies. You may find more information in the FAQ section of our website.
A Counterparty who connects their cryptoasset wallet from which they wish to make payment will see the list of supported cryptocurrencies in the available balances of the dashboard.
We may from time to time add or remove from the list of supported cryptocurrencies without prior notice. Such changes may be made with immediate effect.
Account dashboard
You can manage your account through the Account dashboard. Only you, and any other users authorised by you (if any), will have access to this dashboard and you should keep your login details secure at all times.
You can use the dashboard to perform any of the following actions:
- Connect a non-custodial wallet of your choice to your Account. This is the non-custodial wallet address that we will use for cryptocurrency settlement purposes. We will show you your cryptocurrency balance per cryptocurrency in the dashboard;
- Connect an e-money or bank account to your Account. This is the e-money or bank account we will use for fiat settlement purposes.
- See information about all payments into and out of your non-custodial wallet;
- Select your preferred settlement cryptocurrency;
- Generate API keys and create Webhook endpoints that will allow your server to get webhooks from our platform;
- Invite other people to make use of your Account (for example employees of your company);
- Change your preferred language, base currency and theme (dark, light or system)
In the dashboard, we will also show you:
- Notifications for new products or services, marketing and promotional information
- System and transactional messages
From time to time we may add or remove features or functionalities. We may do this without prior notice.
Non-custodial cryptoasset wallet
In order to accept, process and receive payments from your counterparties through our services, you need to connect to your Account a non-custodial cryptoasset wallet.
To do so, you may use our interface to create a non-custodial cryptoasset wallet in just a couple of easy steps, or if you already have a non-custodial cryptoasset wallet, you may connect your existing wallet to your Account. This is the wallet address which will be linked to your Due account and used for settlement.
Non-custodial cryptoasset wallets are decentralised and we have no control over your wallet. If you create your wallet through our Account, our service will also allow you to store the private cryptographic keys but we have no control over, or access to, these private cryptographic keys. We also do not custody these keys for you; our service only provides a technical solution for you to save the private cryptographic keys. As with all non-custodial wallets, it is your responsibility to ensure that these private keys always remain safe.
If your non-custodial cryptoasset wallet becomes compromised, we will not be able to assist you in recovering any cryptocurrencies lost as a result, and we will not be responsible for any loss that you may incur as a result.
Refunds
Due Ltd does not currently facilitate cryptocurrency or fiat refunds on your behalf. If you need to have a refund policy in order to comply with applicable legal requirements or if you wish to issue a refund, you will need to do this through a different method.
Alternatively, you may initiate a separate transfer to the Counterparty equivalent to the amount of the original purchase. Note however that this transfer is a standalone transaction, and will not be tied to the original sale.
Fees
You accept to be bound by and pay any fees in relation to the provision of our services as set out below.
Crypto Checkout and Payment fees
We charge a fee in respect of all payments that are processed using our services. We may also charge ‘network fees’ on top of the flat transactional fee. Network fees are charged by the blockchain network and vary depending on how busy the network is at any given time.
The breakdown of fees will be clearly shown to you before you confirm the payment.
Crypto Payout fees
When sending out your cryptocurrency onchain, we may charge a small fee which includes network fees, which are charged by the blockchain networks, as well as fees of our own. These fees will be clearly displayed to you during the payout flow before you confirm the transaction.
Fiat Pay-in fees
When adding funds to your account with fiat currency, we or our third-party partners may charge a small fee to facilitate the exchange and money movement. Such fees will always be disclosed to you during the pay-in flow before you confirm the transaction.
API tools
Our terms and conditions govern the use of API tools, source code and documentation that we may make available to you from time to time.
Due Ltd grants a limited, non-exclusive, non-transferable, revocable licence to use and integrate the API tools made available subject to this agreement so that you may use Due’s services.
The API tools remain the intellectual property of Due Ltd and you must disconnect and stop using them immediately if you or we close your Account.
API Keys are generated in the dashboard and allow your services to access some of the basic functionality of the Due Platform. You may use the API keys in order to:
- Create a merchant account and a settlement rule (cryptocurrency and address for settlement)
- Create checkout sessions and payment links
- Create pay-out recipients and pay-out orders
- Create pay-in (fiat on-ramp) orders
- Pull the list of all payments and pay-outs you have processed by using our platform
From time to time we may add or remove any functionalities.
However, those API keys do not allow you to initiate any transactions with your wallet. In order to do that you must use the cryptographic keys in your cryptoasset wallet.
Use of your Account
These terms are binding to you, but you can authorise other authorised individuals (for example employees of your company) to carry out certain activities on your behalf. To the extent that anyone else uses your Account or these services, they will also be bound by the terms of this agreement.
We will treat all instructions and actions by any persons that you authorise to use the account as acting within the limits of their authority and as if you had given that instruction or carried out that action yourself.
It is your responsibility to withdraw access to the account from any person that you previously authorised (for example, if they are no longer employed by you). You will be exclusively responsible for any actions they perform using your Account.
YOU MUST KEEP THE LOGIN DETAILS TO YOUR ACCOUNT SAFE AT ALL TIMES.
Communications
If we need to communicate with you, we will use the email address provided when you register for your Account with us. It is important that you keep your contact information up to date and it is your responsibility to ensure that we can communicate with you.
In case we are unable to reach you in the contact information provided, we will not be liable for any loss you may incur as a result, including any consequential losses.
Communications between you and us will, unless otherwise agreed between us, be made in the English language.
Risks
Our services are not regulated
The payment services we offer you are not regulated payment services.
Due is not responsible for any exchange rate fluctuations between the settlement cryptocurrency and your local fiat currency.
Risks associated with cryptocurrencies
Transactions in cryptocurrencies are irreversible and we will not be able to assist you in recovering any losses you may incur as a result of error or fraud. We will not be liable for any such losses.
Cryptocurrencies are not regulated; in most countries they do not have legal tender status and their value is not guaranteed. Cryptocurrencies do not benefit from investors or deposit protection compensation schemes. The price of cryptocurrencies may fluctuate and may even drop to zero. Stablecoins may lose the peg to the fiat currency whose value they track.
Cryptocurrencies may be affected by network impact incidents such as forks, cyberattacks or other technical issues and their use is subject to changes in law and regulation.
Eligibility
In order to register for an Account and access our services, you are required to meet our eligibility requirements.
You may only use our services for lawful purposes. You must not use our services for illegal purposes or in order to commit fraud.
You cannot open or hold an account if you carry out any sort of business or activity that relates to the following:
- Arms and weapons manufacturing, trading, or distribution
- Human trafficking
- Illicit drug production, trading, or distribution
- Child exploitation or production of child sexual abuse material (CSAM)
- Wildlife trafficking
- Unlicensed gambling or betting services
- Unlicensed financial services or payment processors
- Counterfeit goods production, trading, or distribution
- Shell companies or companies without a clear business purpose
- Tobacco or e-cigarette manufacturing, trading, or distribution (without appropriate licensing)
- Precious metals or stones trading, mining, or refining (without appropriate licensing)
- Pyrotechnic devices and hazardous materials, e.g., fireworks, explosives, toxic/flammable goods
- The creation, facilitation, sale, or distribution of any prohibited or illegal good or service or an activity that requires a governmental licence where the customer lacks such a licence.
We do not offer our services in certain countries and/or jurisdictions. You can find more information in the FAQ section of our website.
We reserve the right to decline registering an Account for any reason.
Suspending or terminating your account
We have the right to decline to provide our services to you, suspend, restrict or terminate your Account without notice and/or suspend or restrict access to the Due Platform altogether.
We use blockchain analytics to monitor transactional activity that you undertake using our services. We may suspend, restrict or terminate your Account and refuse to provide access to the Due Platform and our services under certain circumstances.
This is a non-exhaustive list of circumstances that may lead to us taking such action:
- We are required to do so by applicable law or regulation or as a result of any court order or other authority;
- You have acted in breach of our terms and conditions;
- We have reason to believe that you are acting fraudulently or criminally;
- We have concerns over the security of your Account or we suspect it is used in an unauthorised manner;
- We suspect or have reasonable grounds to suspect money laundering, terrorist financing, fraud, market abuse or manipulation or any other financial crime;
- We have good reason to believe that your continuous access and use of our services could damage our reputation or goodwill;
If we decide to terminate your Account you must immediately stop using the checkout services and remove this functionality from your website or online store. You will retain access to your non-custodial cryptoasset wallet and you will be able to use it with other interfaces or service providers.
We will not be liable to you or any other party for any losses resulting from the suspension or termination of access to our API, the Due Platform, our payment services or the closure of your Account.
Legal
Changes to the terms and conditions
Occasionally we may make changes to these terms and conditions. We will publish details of any changes we make in the revised terms and we will publish them on our website. The revised terms and conditions will apply immediately from the time they are published unless otherwise stated and you will be able to see the “effective from” date.
We may also email you to tell you about changes to our terms and conditions and it is your responsibility to ensure that any contact details we hold for you are correct and up to date.
If you are happy with our revised terms and conditions you do not need to take any action. If you do not agree with our revised terms you must stop using our services immediately and you will need to inform us in writing so that we can close your Account.
Intellectual property and use of Trademarks
You may use or display our logo in your online checkout flow. Our logo and any other materials including the contents in our website remain our intellectual property.
You must not use our intellectual property as your own and you must stop using our logo immediately if either we or you close your Account.
Limitation of liability
We exercise reasonable care to ensure that our services are not interrupted and are accessible on a continuous basis.
We provide our services, including your Account and the Due website, on an “as is” basis. You use these services at your own risk and we cannot guarantee (except as may be required by applicable law) that our services will operate without any interruption, fault or technical error. In order to provide you with our services, we also rely on our third-party partner providers and we do not have any control over their services.
Due will not be responsible to you for any of the following, whether direct or indirect, that arises in connection to your use of your Account and our services:
- loss of income or profit;
- loss of goodwill or damage to your reputation;
- loss of business contracts or opportunities; or
- consequential loss.
Except when the law states otherwise, we also won't be liable for any loss you incur as a direct or indirect result of the following:
- the actions of any person that you authorised to access you Account acting in line with these terms and conditions;
- you giving us incorrect or incomplete information;
- any delays in or disruptions to our services;
- any faults, mistakes or inaccuracies of any kind in our services;
- information provided by third parties;
We also assume no liability for any actions or omissions of any of our third party partners. We will not be responsible for losses you incur or costs you have to pay arising as a result of legal or regulatory requirements, or events outside of our control.
Nothing in these terms and conditions removes or limits:
- our liability for death or personal injury resulting from our negligence, or from fraud or fraudulent claims or statements; or
- any other liability which, by law, cannot be removed or limited.
Indemnification
You agree to indemnify Due Ltd, its affiliates, and agents for any costs, claims, fines or damages of any kind (including loss of profits and/or reasonable legal costs) arising out of or relating to any actual or alleged breach of your representations, warranties, or obligations set out in these terms and conditions.
Miscellaneous
Only you and we have any rights under the agreement. You may not transfer or assign any of your rights or obligations under these terms and conditions.
Transfer and assignment
We can transfer or assign all of our rights and obligations under these terms and conditions to any third party without your permission and without providing prior notice.
Taxes
It is your responsibility to pay any taxes that may result from using our services to the tax authorities. We do not provide tax advice and we do not have responsibility to assess whether any taxes apply. We will also not be responsible to collect, withhold or report any taxes that may be applicable to the relevant authorities.
Enforcing the agreement
If we fail or delay in exercising any right under these terms, this will not prevent us from enforcing our rights at a later date.
Severability
The invalidity or unenforceability of any of the provisions of these terms shall not affect the validity or enforceability of any other provision of these terms. The invalid provision shall be severed from these Terms and all other portions of the Terms shall remain in full force and effect.
Applicable law
The laws of England and Wales apply to the agreement. The English version of these terms applies and any translation we may offer is for reference only.
Taking legal action
Any legal action between you and us will be subject to the jurisdiction of the courts of England and Wales.
Contact, feedback and complaints
If you need to contact us in relation to these terms and conditions or any other document mentioned in them, please email us at legal@due.network
We value hearing from our users, and are always interested in learning about ways we can improve the Due Platform. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
If you choose to contact us, we will treat any personal data you provide to us in accordance with our Privacy Policy.