Terms of Service

Last Update: July 31, 2018

XMR.to is an online website and platform that allows users to securely buy digital assets.

These Terms of Service (the "Terms"), the Privacy and Transparency Statement and any and all other agreements between XMR.to and its users will use the following definitions:

  1. "Customer," "user," "you," and "your" refers to the person or entity accessing and/or using XMR.to.
  2. "Company," "our," "XMR.to," "Website," "we," and "us" collectively refers to the online website and platform "XMR.to" and its owners, directors, officers, employees, operators, agents, insurers, suppliers, and attorneys.
  3. "Party" may refer to either you or us, and "Parties" refers to both you and us. For the avoidance of any doubt, the contracting parties in our Terms are you and XMR.to.
  4. "Asset," "digital asset," "coin," "cryptocurrency," "funds," "good," "ledger entry," and "token" refer to blockchain-based software ledger data entries.

1. Acceptance of Terms

By using our service, you agree to be bound by our Terms and all applicable laws, rules and regulations, and you agree that you are responsible for compliance with, and that you are compliant with, all applicable laws, rules, and regulations. If you do not agree with any of our Terms, you are prohibited from using our service; your only recourse is to stop using the Website. Any use of the Website is your deemed acceptance of our Terms as they may be modified and amended from time to time.

1.1. Modification

XMR.to may revise our Terms at any time and without notice to you or third parties. By using the Website, you agree to be bound by the then-current version of our Terms. You should check back often in case our Terms undergo changes.

2. Eligibility

By using the Website, you represent and warrant that you are:

  1. at least 18 years old and have full capacity to contract under applicable law,
  2. only transacting on XMR.to with legally-obtained funds that belong to you,
  3. not furthering, performing, undertaking, engaging in, aiding, or abetting any unlawful activity through your relationship with us or through your use of XMR.to, and
  4. complying with and obeying all applicable laws, rules and regulations.

We reserve the right to terminate your access to XMR.to for any reason and in our sole and absolute discretion. Use of XMR.to is void where prohibited by applicable law.

3. Restrictions on Use

3.1. Prohibited Jurisdictions

XMR.to prohibits use of the Platform from certain high-risk jurisdictions in accordance with various economic sanctions programs including, but not limited to, the U.S. Department of Treasury’s Office of Foreign Assets Control ("OFAC"), and for other regulatory or risk-mitigating reasons.

XMR.to is not responsible for any losses, directly or indirectly, from enforcement of our obligations under applicable laws, rules, regulations or lawful government order.

3.2. Source of Funds

You are prohibited from using or accessing XMR.to to transmit or exchange digital assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion. XMR.to reserves the right to deny, delay, or cancel a transaction it perceives as a risk of criminal or fraudulent activity.

3.3 Abuse of Platform

You are prohibited from using or accessing XMR.to to transmit or exchange digital assets that are the direct or indirect proceeds of any criminal or fraudulent activity, including terrorism or tax evasion. XMR.to reserves the right to deny, delay, or cancel a transaction it perceives as a risk of criminal or fraudulent activity.

4. Confirmations

Your payment is typically considered "accepted" after it has one or more block confirmations. The number of block confirmations that XMR.to will wait before considering a payment accepted may vary from time to time, based on size of payment, and the status of the network. XMR.to may occasionally accept a payment with zero confirmations, though this decision is at XMR.to’s sole discretion. It is important to note that a payment being broadcast to the blockchain network does not constitute an acceptance by XMR.to of that payment. The user’s payment must be received and accepted by XMR.to within the specified time period in order to receive the guaranteed exchange rate. Refund requests will be honored after the deposit is confirmed on the blockchain.

5. Returns and Refund Policy

Digital assets are, by their nature, generally irreversible, and their exchange rates are highly volatile and transitory. We are not responsible for any risk in use of the Website, including, without limitation, exchange rate risk and market risk. All sales after a XMR.to exchange are final. You can submit a refund request by sending an email to support@XMR.to

5.1. Form of Refund

XMR.to will only ever refund monero. We will not complete orders after the timeout. We will refund in full all monero sent to us in good faith that does result in the completion of an order.

5.2. Refund Period

Users have a maximum of 90 days to reclaim any assets that are held in the XMR.to system due to any error, whether by you or us. Refund requests submitted after the 90-day period will not be refunded. Any decisions by XMR.to with respect to refunds in these circumstances are final.

5.3. Unsupported Assets

Unsupported digital assets that are deposited into our system to unrelated wallets cannot be extracted or returned. XMR.to reserves the right to handle this on a case-by-case basis. Any decisions by XMR.to with respect to such assets being deposited when no longer supported are final.

5.4. Minimum Refund Amounts

For deposits under a certain XMR.to will not refund any assets under a certain minimum which makes the deposits worth less than the posted amount. The size of this minimum amount to be decided at the sole discretion of XMR.to. Users are advised not to use the service for orders under this size.

6. Third-Party Phishing Scams

There are fake websites pretending to be XMR.to known as "phishing scams." They often use a misspelled URL that looks like "XMR.to" in order to trick users into sending them funds. DO NOT USE ANY SERVICE THAT ISN'T LOCATED EXACTLY AT THE "xmr.to" DOMAIN.

XMR.to is not responsible for funds that have been sent to any fake XMR.to phishing scams. It is the responsibility of the user to verify they are visiting the correct domain and to search for the security certificate in the URL bar of their browser. Users should not trust private messages, solicitations or requests for funds from people claiming to represent XMR.to unless you have verified that it is an official request from a XMR.to employee. When in doubt, contact us directly to verify any messaging. Stay diligent and please report any phishing scams to our team at support@XMR.to

7. Privacy and Transparency Statement

XMR.to respects the privacy of its users by not requesting any information that is unnecessary for the use of the service or to comport with our obligations under applicable law. XMR.to also does not in any way obscure the information that it does request or obtain.

8. Copyright

The materials contained in the Website are protected by applicable copyright and trademark laws and treaties.

9. Severability

If any provision of these Terms is to any extent illegal, otherwise invalid or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability and all other terms hereof shall remain in full force and effect. To the extent permitted and possible, any invalid or unenforceable provisions shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.

10. Entire Agreement

These Terms completely and exclusively state the agreement between you and XMR.to regarding their subject matter. These Terms supersede and govern all prior or contemporaneous understandings, representations, agreements, or other communications between you and XMR.to, oral or written, regarding such subject matter.