Last updated: May 7, 2018
PART 1: GENERAL USE
1.1. Eligibility. To be eligible to use the Mercury Cash, you must be at least 18 years old (or the applicable age of majority and contractual capacity) in order to link a funding method or to purchase or sell digital currency. If you are under the age of 18 and you wish to engage in digital currency purchase or sale activity,please contact us at email@example.com
1.2. Mercury Cash Services. Your Mercury Cash account ("MercuryCash Account") encompasses the following basic Mercury Cash services: One or more hosted Digital Currency wallets that allow users to store certain supported digital currencies, like Ethereum or other ("Digital Currency"), and to track, transfer, and manage supported Digital Currencies (the "Hosted Digital Currency Wallet"); Digital Currency conversion services through which users can buy and sell Digital Currencies in transactions with Mercury Cash (the "Conversion Services"); and a U.S. Dollar account for use in connection with other Mercury Cash Services
(a "USD Wallet" or "Currency Wallet").
The risk of loss in trading or holding Digital Currency can be substantial. You should therefore carefully consider whether trading or holding Digital Currency is suitable for you in light of your financial condition.
2.1. Registration of Mercury Cash Account. In order to use any of the Mercury Cash Services, you must first register by providing your name, email address, password, and affirming your acceptance of this Agreement. Mercury Cash may, in our sole discretion, refuse to allow you to establish a Mercury Cash Account, or limit the number of Mercury Cash Accounts that a single user may establish and maintain at any time.
2.2. Identity Verification. In order to use certain features of the Mercury Cash Services, including certain transfers of Digital Currency and/or government-issued currency ("Fiat Currency"), you may be required to provide Mercury Cash with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, social security number (for U.S. Citizens), taxpayer identification number (for Non-U.S. Citizens), government identification number, information about your profession or business activity, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number). In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update Mercury Cash if any information changes. You hereby authorize Mercury Cash to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests.
3.1. In General. The Hosted Digital Currency Wallet services allow you to send supported Digital Currency to, and request, receive, and store supported Digital Currency from, third parties pursuant to instructions you provide through the Mercury Cash Site (each such transaction is a "Digital Currency Transaction"). Mercury Cash reserves the right to refuse to process or to cancel any pending Digital Currency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits. Mercury Cash cannot reverse a Digital Currency Transaction which has been broadcast to a Digital Currency network. The Hosted Digital Currency Wallet services are available only in connection with those Digital Currencies that Mercury Cash, in its sole discretion, decides to support. The Digital Currencies that Mercury Cash supports may change from time to time. If you have any questions about which Digital Currencies Mercury Cash currently supports, please contact firstname.lastname@example.org. Under no circumstances should you attempt to use your Hosted Digital Currency Wallet services to store, send, request, or receive digital currencies in any form that are not supported by Mercury Cash. Mercury Cash assumes no responsibility or liability in connection with any attempt to use Mercury Cash Services for digital currencies that Mercury Cash does not support.
3.2. Digital Currency Transactions. Mercury Cash processes supported Digital Currency according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requestee or other party. You should verify all transaction information prior to submitting instructions to Mercury Cash. In the event you initiate a Digital Currency Transaction by entering the recipient's email address and the recipient does not have an existing Mercury Cash Account, Mercury Cash will email the recipient and invite them to open a Mercury Cash Account. If the designated recipient does not open a Mercury Cash Account within 30 days, Mercury Cash will return the supported Digital Currency associated with the transaction to your Mercury Cash Account. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Mercury Cash Account balance or be available to conduct transactions. When Digital Currency Transactions are made from an external Wallet to a Mercury Cash wallet, an Internal Fee will be deducted to the client. Mercury Cash may charge network fees (miner fees) and internal fees to process a Digital Currency transaction on your behalf or at your name. Mercury Cash will calculate the network fee and the internal fee in its discretion.
3.3. Digital Currency Storage & Transmission Delays. Mercury Cash securely stores all Digital Currency private keys in our control in a combination of online and offline storage. As a result, it may be necessary for Mercury Cash to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Currency Transaction for 48 hours or more. You acknowledge and agree that a Digital Currency Transaction facilitated by Mercury Cash may be delayed.
3.4. Third Party Payments. Mercury Cash has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of Mercury Cash Services). Mercury Cash is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with Digital Currency transferred using the Mercury Cash Services, or if you have a dispute with such third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Mercury Cash Support at email@example.com so that we may consider what action to take, if any.
3.5 Advanced Protocols. Unless specifically announced on our website or through some other official public statement of Mercury Cash, we do not support metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Currency supported by Mercury Cash (collectively, “Advanced Protocols”). Do not use your Mercury Cash Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. The Mercury Cash platform is not configured to detect and/or secure Advanced Protocol transactions and Mercury Cash assumes absolutely no responsibility whatsoever in respect to Advanced Protocols.
3.6 Operation of Digital Currency Protocols. Mercury Cash does not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Mercury Cash, you acknowledge and agree (i) that Mercury Cash is not responsible for operation of the underlying protocols and that Mercury Cash makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Currency you store in the Mercury Cash platform. In the event of a fork, you agree that Mercury Cash may temporarily suspend Mercury Cash operations (with or without advance notice to you) and that Mercury Cash may, in its sole discretion, (a) configure or reconfigure its systems or (b) decide not to support (or cease supporting) the forked protocol entirely, provided, however, that you will have an opportunity to withdraw funds from the platform. You acknowledge and agree that Mercury Cash assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.