Terms of Service

Last updated: 14 Apr 2025

1. Onboarding

1.1 Account Registration

To access Pay3 services via the Telegram Mini App, users are automatically authenticated using their Telegram account.

By using the Mini App, you consent to Pay3 accessing your public Telegram profile (such as Telegram ID and username), which is used solely for authentication, communication, and account management purposes.

For future access via web or native applications, you may be required to register using other credentials such as your phone number and password, or complete additional verification steps.

Upon successful authentication or registration, you will receive a Pay3 account (“Account”), which enables access to features available on the Platform.

The Company, Pay3 Limited (Hong Kong Company No. 76775895-000-07-24-5), reserves the right to deny, suspend, or terminate Account creation or access at its sole discretion, without prior notice.

1.2 User Eligibility

You may only use the Services if you meet all of the following conditions:

  • You are at least 18 years old (or the legal age in your jurisdiction);
  • You have the legal capacity to enter into binding agreements;
  • You are not located in, or a citizen or resident of, a country or region subject to trade sanctions, export control restrictions, or regulatory prohibitions regarding crypto or financial technology services (“Restricted Locations”);
  • You are not listed on any government denied or watch lists;
  • You do not already have an existing Account under the same or a different identity;
  • You are not otherwise restricted by applicable laws or court orders from using the Services.

It is your responsibility to ensure that using Pay3 complies with all local, national, or international laws and regulations applicable to you.

1.3 Identity Verification (eKYC)

To access certain features — including applying for a Pay3 Card — you will be required to complete identity verification (“Know Your Customer” or “KYC”) through our third-party compliance provider, currently Sumsub. The Company and its Partners may request additional documentation at any time to meet Anti-Money Laundering (AML) and Counter-Terrorist Financing (CTF) standards.

Failure to complete or pass identity verification may result in the suspension or termination of your Account.

1.4 One Account Policy

Each user is permitted to maintain only one Account. Duplicate or fraudulent accounts may result in immediate suspension or permanent closure.

2. Account Security & Confidentiality

2.1 Responsibility for Account Credentials

You are solely responsible for maintaining the confidentiality of your Account credentials, including your password and any codes used for verification (such as SMS or Telegram-based authentication). You agree to take all necessary steps to prevent unauthorized access to your Account and to ensure that your login details are not shared with anyone else.

Any activity conducted through your Account shall be deemed as authorized by you, unless and until you notify the Company of unauthorized use.

2.2 Unauthorized Access

If you become aware of or suspect any unauthorized access, security breach, or misuse of your Account, you must immediately notify us at support@pay-3.io (or such address as may be designated on the Platform). The Company may, at its discretion, suspend or restrict your Account to prevent further unauthorized activity.

2.3 Account Usage Obligations

You agree not to:

  • Allow any third party to access or use your Account;
  • Circumvent or attempt to bypass security or authentication measures;
  • Use the Platform for any unlawful or prohibited purposes;
  • Engage in fraudulent behavior, impersonation, or misrepresentation.

Any violation of the above may result in immediate suspension or termination of your Account and may be subject to legal action.

2.4 Platform Communication & Risks

You understand and accept that Instructions sent through the Pay3 Platform may be transmitted over the internet and are subject to inherent risks such as delays, interception, or loss. The Company is not responsible for damages arising from such transmission risks unless caused by its gross negligence or willful misconduct.

2.5 Consent to Data Protection Practices

You acknowledge and consent to our data protection practices as detailed in our privacy policy. We collect data necessary to provide services, comply with laws, and prevent fraud. This includes the collection, use, disclosure, and sharing of your personal data with the Company, Partners, Custodian, service providers, and relevant third parties, as necessary for facilitating your use of the Services. For more detailed information, please refer to our Privacy Policy.

3. Services

3.1 Scope of Services

Pay3 provides a technology interface that allows eligible users to access financial tools such as:

  • Application and management of a virtual or physical payment card (“Pay3 Card”);
  • Earning and redeeming loyalty points (“P3P”);
  • Account activity tracking;
  • Access to offers and partner-integrated features.

The Service is currently delivered through the Telegram Mini App, with future plans to support web and mobile applications.

Pay3 does not offer custody of any digital or fiat assets. We do not store or control your funds.

3.2 Role of Pay3

Pay3 is a technology platform provider. We are not:

  • A bank or licensed financial institution;
  • A money services business (MSB);
  • A crypto asset exchange or custodian;
  • A payment institution or card issuer.

The Pay3 Card and other financial components are provided by third-party service providers partners , acting under their own regulatory framework. Identity verification (KYC) is conducted through a third-party compliance partner, currently Sumsub.

3.3 Partner Services Disclaimer

By using Pay3, you acknowledge that:

  • You have no direct contractual relationship with our Partners (including card issuers or KYC providers);
  • Partners are not acting as trustees, custodians, or agents on your behalf;
  • Pay3 is the sole point of contact for all service issues unless explicitly directed otherwise.

Pay3 is not responsible for delays, failures, or limitations imposed by our Partners or underlying financial infrastructure.

3.4 Availability of Services

The Company may restrict or suspend access to Services in certain jurisdictions. Pay3 reserves the right to determine at its sole discretion the geographic or technical availability of its Services, and may update the list of **Restricted Locations **without prior notice.

4. Pay3 Card Issuance and Usage

4.1 Card Issuance via Partner

The Pay3 Card is issued through our partner and may be provided in either virtual or physical form.

To apply for a Pay3 Card, you must:

  • Complete identity verification (KYC) via our compliance provider (e.g. Sumsub);
  • Be approved by the Company and/or the Partner;
  • Accept any additional terms imposed by the issuing Partner.

The Company and its Partners reserve the right to decline any card application at their discretion.

4.2 Activation and Ownership

Upon approval, the Pay3 Card must be activated through the Platform.

The card remains the property of the issuing Partner and must be:

  • Used only by the authorized Account holder;
  • Protected against loss, damage, or unauthorized use;
  • Returned or destroyed upon request, expiration, or termination.

4.3 Card Usage

The Pay3 Card may be used for transactions at merchants and service providers that accept cards under the supported network (e.g., Visa).

Subject to Partner policies, physical cards may support ATM cash withdrawals.

Card usage is subject to:

  • Per-transaction, daily, and monthly limits;
  • Compliance with applicable laws in both your jurisdiction and the merchant’s;
  • Real-time authorization by the Partner.

Exceeding set limits or engaging in restricted activity may result in automatic transaction rejection or account suspension.

4.4 Pre-Authorization and Settlement

When you initiate a card transaction, you authorize the Partner to:

  • Temporarily reserve an amount equal to the transaction value (including applicable fees);
  • Convert and settle the transaction using the Partner’s liquidity infrastructure;
  • Finalize settlement based on current exchange rates and network conditions.

Any “buffer” amount held for pre-authorization may vary by transaction and Partner discretion.

4.5 Fees and Limits

Fees for issuance, usage, ATM withdrawals, or cross-border transactions are determined by the Company and/or Partner, and disclosed on the Platform where applicable.

The Company reserves the right to:

  • Update fees without prior notice;
  • Deduct fees from your linked balance or points (if applicable);
  • Decline transactions that do not cover required fees.

5. Points (P3P): Accrual, Redemption, and Expiry

5.1 Nature of Points

Pay3 Points (“P3P”) are a non-monetary, non-transferable digital reward unit issued by Pay3 Limited. P3P are not a cryptocurrency, virtual asset, or fiat substitute, and do not carry any intrinsic or cash value.

They are granted at Pay3’s sole discretion as part of promotional campaigns, referrals, product usage, or other qualifying activities.

5.2 Earning P3P

You may earn P3P through eligible actions such as:

  • Completing onboarding tasks (e.g., account creation, KYC verification);
  • Applying for and activating a Pay3 Card;
  • Participating in promotional campaigns;
  • Referring new users who complete defined milestones.

Pay3 reserves the right to:

  • Define and update the earning criteria at any time;
  • Cap the number of P3P points awarded per action or per user;
  • Reverse or revoke P3P in the event of abuse, fraud, or error.

5.3 Using P3P

Accumulated P3P may be redeemed, where available, for:

  • Access to promotions, discounts, or card-related incentives;
  • Other benefits made available through the Platform.

Redemption rules, values, and availability are determined by Pay3 and are subject to change without notice.

P3P may not be:

  • Redeemed for cash;
  • Exchanged or transferred to other users;
  • Used outside the context of approved Platform use.

5.4 Expiry and Forfeiture

P3P may expire if unused within a defined period (e.g., 6 or 12 months from the date of accrual), as determined by Pay3.

Additionally, P3P will be forfeited if:

  • Your Account is closed, suspended, or terminated;
  • You engage in activities in breach of these Terms;
  • The Company discontinues the P3P program.

Pay3 will make reasonable efforts to communicate point expiration timelines on the Platform, but is under no obligation to notify users individually.

6. Partners and Limitations of Liability

6.1 Role of Partners

Pay3 collaborates with third-party service providers (“Partners”) to deliver key components of the Service. These Partners may include:

  • Card Issuers and Processors, who issue and settle transactions for Pay3 Cards;
  • Compliance Providers (e.g., Sumsub), who perform identity verification (KYC) and related checks;
  • Other infrastructure or technology providers as needed.

These Partners operate independently under their own terms, licenses, and regulatory obligations.

6.2 No Direct Relationship

By using Pay3, you acknowledge and agree that:

  • You do not have a direct contractual relationship with our Partners;
  • Partners owe you no fiduciary duty, and are not your agents, trustees, or custodians;
  • Any services provided by Partners are offered “as is”, and are subject to their own internal policies, approvals, and discretion;
  • Partners may refuse service, freeze access, or enforce their own compliance measures without input from Pay3.

6.3 Limitation of Liability

To the maximum extent permitted by applicable law, Pay3 and its Partners are not liable for:

  • Any delays, denials, or errors in Partner service delivery;
  • Account restrictions imposed due to incomplete or failed KYC checks;
  • Fluctuations in processing times, card network availability, or transaction conversion rates;
  • Indirect, incidental, punitive, or consequential damages arising from use of the Services.

Pay3’s liability under these Terms shall be limited in all cases to the equivalent of USD $500, unless otherwise required by law.

6.4 Force Majeure

Neither Pay3 nor its Partners shall be held liable for failure or delay in performance due to events beyond their reasonable control, including but not limited to: natural disasters, regulatory changes, internet outages, platform attacks, war, labor disputes, or partner insolvency.

7. User Restrictions, Compliance, and Termination

7.1 Prohibited Activities

You agree not to use the Pay3 Platform, Card, or Services to engage in any activity that:

  • Violates any applicable local, national, or international law or regulation;
  • Involves fraud, identity theft, money laundering, terrorism financing, or illegal trade;
  • Attempts to bypass identity verification or platform security;
  • Harms the reputation or functionality of Pay3, its Partners, or third parties;
  • Involves resale, misuse, or unauthorized reproduction of the Pay3 Card or Platform;
  • Attempts to gain unauthorized access to any system, network, or user account.

Pay3 may, at its sole discretion, restrict or suspend your access if you are suspected of violating any of the above, even without proof of intent.

7.2 Regulatory Compliance

Pay3 and its Partners are subject to applicable laws, including:

  • Know Your Customer (KYC);
  • Know Your Transaction (KYT);
  • Anti-Money Laundering (AML); and
  • Counter-Terrorist Financing (CTF) regulations.

You agree to provide accurate, complete, and updated information when requested. Failure to do so may result in access restrictions, asset freezing (if applicable), or termination.

7.3 Account Suspension or Termination

The Company may suspend or permanently terminate your Account if:

  • You breach these Terms or any applicable law;
  • Your activity triggers regulatory red flags or risk alerts;
  • You fail to complete KYC verification;
  • Your Account remains inactive for a prolonged period (e.g., 6 months or more);
  • Pay3 or its Partners decide, at their sole discretion, to discontinue your access.

You will be notified of suspension or termination unless prohibited by law or regulatory authority.

7.4 Consequences of Termination

Upon termination of your Account:

  • Access to Services and P3P Points will be revoked;
  • Any unredeemed P3P may be forfeited;
  • You may be required to undergo additional verification to retrieve residual balances (if applicable).

Termination does not relieve you of any obligations or liabilities incurred prior to the date of termination.

8. Legal Provisions, Dispute Resolution, and Governing Law

8.1 Amendments to These Terms

Pay3 may amend or update these Terms at any time. Material changes will be notified via the Platform or other reasonable means. Continued use of the Services after changes take effect constitutes your acceptance of the updated Terms.

If you do not agree to the revised Terms, you must discontinue use of the Services and close your Account.

8.2 Dispute Resolution

If you have a concern or complaint, you agree to first contact Pay3 Support (support@pay-3.io) to seek an informal resolution.

If a resolution cannot be reached within 60 days, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be resolved through binding arbitration under the rules of the Hong Kong International Arbitration Centre (HKIAC).

  • The arbitration will be conducted in English, by a single arbitrator appointed under the HKIAC rules.
  • The venue of arbitration shall be Hong Kong, unless otherwise agreed.
  • This clause does not prevent either party from seeking injunctive or equitable relief in court when necessary.

8.3 Limitation of Liability

To the maximum extent permitted by law:

  • The Services are provided "as is" and "as available", without warranties of any kind, express or implied.
  • Pay3 and its affiliates disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • In no event shall Pay3 or its Partners be liable for indirect, incidental, punitive, special, or consequential damages, or for loss of profits, revenue, or data.

Pay3’s total liability to you for any claim under these Terms shall not exceed USD $500, except where prohibited by law.

8.4 Indemnification

You agree to indemnify and hold harmless Pay3, its affiliates, directors, employees, agents, and Partners from any claim, demand, loss, or damages (including legal fees) arising from:

  • Your breach of these Terms;
  • Your violation of applicable laws or third-party rights;
  • Any transaction or activity conducted via your Account.

8.5 Governing Law and Jurisdiction

These Terms are governed by the laws of the Hong Kong Special Administrative Region.

Unless arbitration applies under Clause 8.2, you agree to submit to the exclusive jurisdiction of the courts of Hong Kong for any legal proceedings related to these Terms or your use of the Services.

8.6 Miscellaneous

  • If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • Pay3’s failure to enforce any right shall not be deemed a waiver of that right.
  • These Terms constitute the entire agreement between you and Pay3 concerning the Services and supersede any prior agreements.
  • You may not assign your rights or obligations under these Terms without our prior written consent. Pay3 may assign its rights freely to an affiliate or in the context of a corporate transaction.

Privacy Policy

Last updated 14 Apr 2025

The Company and its Partners (collectively referred to as “we” “us,” or “our”) present this policy to delineate our practices regarding the safeguarding, acquisition, application, and sharing of your personal information. This applies when you interact with our services including:

Website and Online Platforms;

Social Media and Online Presence; and

API and Service Usage.

Please thoroughly review this policy as it is crucial for understanding our practices and your interaction with our services. If you have any queries, reach out to us at support@pay-3.io. Your use of our services signifies your acceptance of these terms. If you disagree with any part of this policy, please refrain from using our services.

Definition of Personal Data:

Personal data, as defined here, includes any information that:

a) Directly or indirectly pertains to a living person.

b) Allows for the identification of an individual, either directly or indirectly.

c) Is accessible and processable.

Data Collection

As a visitor or user of our services, we collect necessary personal information to provide our services, comply with legal requirements, or as detailed herein. Providing personal data marked with asterisks is mandatory for service provision.

What do we collect?

The personal data that we may collect from you includes but is not limited to:

  • Information collected by using our official website, app or webapp (e.g. pages visited, country location, date and time of requests, IP address, interaction with our Site(s), device, operating system and web browser user).
  • Information collected when you register an account (e.g. email address, full name, phone number, and PIN*).
  • Information collected when messaging us through our contact form (e.g. Name, Email address, Company, and message content).
  • Information collected when you proceed with AML requirements (e.g. Full name, residency, email, ID, Date of Birth, picture/selfie).
  • Information collected when you request access to your data or correction of data (e.g. Name, ID/Passport, email address).

Third-Party Data Collection

We may obtain your data from partners, affiliates, and external sources, including social media connections. This may encompass demographic information and identity verification via KYC processes (hereinafter referred to as the “KYC”).

Data Sharing With Third Parties

We might share your information with affiliates, service providers, government bodies, or other third parties under certain conditions with our affiliates or subsidiaries, service providers (eg. AML, CRM, communication services) vendors, agents, relevant government ministries, regulators, partners, or any third party, including but not limited to when third parties perform part of our Services on our behalf (e.g. for data processing, analytics, delivery of Services, and verification), when complying with legal obligations, to protect the rights, property, or safety of our company, clients or others.

External Links on our Platform

Our websites and services may feature links to external sites or applications not operated by us (e.g. third parties). When you follow these links, our Privacy Policy will no longer apply. We encourage you to review the privacy policies of these external platforms. We do not bear responsibility for the privacy practices of third-party websites or applications.

Data Storage and Processing

We may transfer, store, and process your personal data in various locations, including facilities operated by third parties (e.g. Google and/or Amazon Web Services).

User’s Right

Users can access or delete personal  data by submitting requests to support@pay-3.io with a response time of 30 days.

Securing Personal Data

We adhere to the Personal Data (Privacy) Regulation and other relevant regulations to safeguard the confidentiality and integrity of your personal information. Despite rigorous electronic safeguards, we must acknowledge the possibility of unauthorized data disclosure. In such instances, our liability for any resulting harm to users or third parties is limited to the maximum extent permitted by law.

Restriction on Minors

Any individual below the age of 18 (or applicable age required for you to legally access or use the Services) shall obtain permission from their parents or legal guardians before accessing or visiting our Site(s) and Services.

While we do not have any intention to collect any personal data about individuals below the age of 18, we may not stop such individuals from accessing and visiting the Site. If you act as a parent or guardian, by providing us with the personal data of an individual below the age of 18, you hereby consent to the processing of his/her personal data as per applicable laws and agree to be personally bound by the terms of this Privacy Policy and take full responsibility for his/her actions.

Data Retention

We retain your personal data for as long as your account remains active or as necessary for providing services, including for legal, accounting, or reporting requirements. KYC data is retained for 5 years post-account closure to comply with anti-money laundering regulations. For further inquiries, contact us at support@pay-3.io. Upon account closure or when data is no longer needed, we may delete or destroy your information, except where retention is legally required or for other regulatory or audit purposes.

Updates

We may change this Terms and Conditions from time to time. If we do, we will let you know by revising the date at the top of the policy. We encourage you to review the Privacy Policy whenever you access or use our Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy. By continuing to use our Services after Privacy Policy changes go into effect, you agree to be bound by the revised policy.