Introduction

These Standard Terms and Conditions (“Terms”, “Contract”) written here shall manage your use (as a “User”) of our Website accessible at paywithmoon.com through your account (“Account”), as well as to cards, extensions, and apps (“Services”) managed by Moon LLC (“Moon,”, “Pay with Moon”, “Company”, “us,” “we,” or “our”). These Terms extend to any products, goods, cards, or additional services accessed via Moon. In addition to these Terms, individuals and/or entities will be bound by the terms and conditions of any other contract or agreement with the Company.

These Terms will be applied fully and affect your use of Services provided by Moon. By using these Services, this Website, extension, apps and/or web apps, you agree to accept all terms and conditions written in here. You must not use these Services if you disagree with any of these Standard Terms and Conditions.

Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors or people below 18 years old are not allowed to use these Services. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company, that you maintain a single Moon Account, and meet all of the eligibility requirements for any product or service you may be purchasing, including any geographic or other limitations for that product or service.

You must not use these Services or maintain a Moon Account if you disagree with any of these Standard Terms and Conditions, and if should you disagree with any adjustments made to these Terms and Conditions, this Agreement, or our Services, your sole remedy is to withdraw from the use of these Services and terminate your Moon Account. We reserve the right to refuse access to the Services or cancel your Account at any time for any reason.

Changes to these Terms

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

The Company’s Rights

We reserve the right to decline to provide access to or use of the Services to any person for any reason, at any time, with or without cause, and without prior notice to you. We may terminate any Service in whole or in part at any time without prior notice to you. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Services. The Company reserves the right to close a User’s Account or take other appropriate actions if such User violates any of these Terms in whole or in part, or engages in any conduct the Company deems inappropriate. These actions include the Company’s right to review, postpone, or cancel the acceptance or dispersal of funds to any User at our discretion.

Interacting with the Company

Your use of the Services includes the ability to enter into agreements and to make transactions electronically. You acknowledge that either your using the Services or your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Services, including notices of cancellation, policies, contracts, and applications. To access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Accessing the Services and Account Security

We reserve the right to withdraw or amend these Services or this Website (and any service or material we provide on the Website) at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all parts of the Services. 

We have implemented technical and organizational measures designed to secure your information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your information for improper purposes. You provide your information at your own risk.

You are responsible for safeguarding your password and for restricting access to your Moon Account and the Services from your compatible devices. You will immediately notify us of any unauthorized use of your password or Moon Account or any other breach of security. Notwithstanding this Agreement’s stipulation for binding arbitration, in the event of any dispute between two or more parties as to account ownership, Moon will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Moon Account and related activities subject to dispute) will be final and binding on all parties.

You are also responsible for: 

• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Services through your internet connection or your Account are aware of these Terms and comply with them.
• Maintaining access to the email address you use to sign up for your Account. Users without access to send and receive mail via their email account may be denied access to a Moon Account and Services.

Intellectual Property Rights

Other than the content you own, under these Terms, Moon and/or its licensors own all the intellectual property rights and materials contained in these Services.

You are granted a limited license only for purposes of viewing the material contained on these Services.

Restrictions & Prohibited Uses

Certain areas of provided Services are restricted from being accessed by you. Moon may further restrict access by you to any areas of its Services, at any time, at its absolute and sole discretion. Any user ID and password you may have for these Services are confidential and may not be shared, sold, or resold.

You may use the Website only for lawful purposes and in accordance with these Terms. Actual or attempted fraud or other unauthorized use of the Services may result in criminal and/or civil prosecution and immediate termination of your right to use the Services. You agree not to use the Website to in any way harm Moon or merchants transacted with via these Services, including, but not limited to the following:

• Breaching these Terms, any affiliate’s Terms of Service or any other applicable rules and instructions that we may convey with respect to the use of the Services.
• Publishing any Website, extension, apps, or web application material in any other media.
• Selling, sublicensing and/or otherwise commercializing any Website, extension, apps, or web application material including products, goods, and services.
• Publicly performing and/or showing any Website, extension, apps, or web application material without express written consent.
• Using the Services in any way that is or may be damaging to Moon or in any way negatively impacts user access to these Services.
• Using Website, extension, apps, and web applications contrary to applicable laws and regulations, or in any way which may cause harm to these Services, or to any person or business entity.
• Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to these Services.
• Transmission, distribution, or storage of any information, data or material in violation of any applicable law, regulation, ordinance or other rule imposed by any governmental authority, including, but not limited to, material protected by copyright, trademark, trade secret, or other proprietary right.
• Using the Services in any manner that would violate any applicable United States federal, state, local, or non-United States law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries; to the laws and Resident Bill of Rights for Prospera; or to the Honduran Criminal Code).
• Using the Services for self-dealing, or to purchase goods or services from a related party so as to move funds in evasion of applicable regulations.
• Transmitting or procuring the sending of any advertising or promotional material without our prior written consent of the recipient, including but not limited to junk mail, chain letters, spam, or any other similar solicitations.
• Impersonating or attempting to impersonate the Company, a Company employee, another Customer, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing, or submitting credentials or details related to the Services to other applications, websites, or services for which you are not the legitimate account holder).
• Engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
• Using the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Using the Services beyond their intended use, such as via alterations, exploitations, misrepresentations, misuse, or abuse.
• Circumventing or attempting to circumvent our geoblocking and risk management systems in order to acquire products or services that you are ineligible for based on geography or otherwise.
• Attempting to register, registering, or using more than a single Account per individual end user. Users must be eligible individual persons, rather than organizations or groups, and are only allowed to have one Account.
• Using the Services as a conduit for funds unrelated to any originating transactions on a specific card, for example, to receive refunds for purchases made outside the Services, or to accept money transfers.
• Sharing, selling or reselling Account, Account credentials, or card details.
• Using the Services to engage in any advertising or marketing, without explicit written permission from Moon.
• Using these Services to provide reviews for compensation or to construct inauthentic purchase history for merchant or marketplace products or services.
• Using the Services to defraud or harm a merchant, such as seeking refunds without adequate return of merchandise, or using the card to acquire products or services without the legitimate purchase of those products or services through abandoned charges, accumulated unpaid bills, or falsely reported non-receipt of goods or services.
• Falsely representing to Moon or to a merchant any material detail related to a return or refund, or to any disputes related to transaction history.
• Using the Services to pay for shipping or transport of merchandise that was stolen, or falsely returned, or not adequately paid for.
• Using the Services to exploit new user benefits, referral programs, or promotions offered by other merchants; or to abuse discounts or trials in a way that is not intended or allowed by the merchant; or otherwise use the Services to violate the terms and conditions of a merchant, service, or company.
• Overpaying invoices or otherwise sending Moon excess funds. Moon does not permit transactions in excess of statutory and regulatory limits and may restrict Account activity and suspend Accounts or specific transactions that surpass stated limits.
• Using any robot or other automatic device, process, or means to access the Website for any purpose outside its intended use, including but not limited to probing infrastructure, limits, and risk management rules, or monitoring or copying any of the material on the Website without prior written consent.
• Using the Service in conjunction with automated purchasing software programs.
• Using any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Using any device, software, or routine that interferes with the proper functionality of the Website.
• Introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attacking the Website via a denial-of-service (DoS) attack or a distributed denial-of-service attack (DDoS).
• Otherwise attempting to interfere with the functionality of the Website in any means not stated above.

Certain purchases are prohibited depending on the specific product or service provided.  You agree to consult the underlying terms of each product or service prior to use. These prohibited purchases include, but may not be limited to:

• Wires, Money Orders
• Outbound Telemarketing Merchants
• Direct Marketing services
• Security Brokers/Dealers and associated activities
• Dating & Escort Services
• Massage Parlors
• Betting/Casino Gambling
• Government Owned Lotteries
• Government Licensed Online Casinos (Online Gambling)
• Government Licensed Horse/Dog Racing
• Horse Racing, Dog Racing and Non-Sport Internet Gaming
• Manual Cash Disbursements
• Automated Cash Disbursements

This list does not represent the entirety of prohibited activity. Moon reserves the right to update and revise terms as it sees fit, and Customers should additionally consult the specific terms of any product or service purchased on Moon for any other restrictions.

No Third-Party Beneficiary

The Terms and provisions of this Agreement are intended solely for the benefit of each Party, and it is not the intention of the Parties to confer third-party beneficiary rights upon any other Person.

Card Terms

The purchase, activation or use of any cards marketed by Moon represents your acceptance of Moon’s generalized terms, as well as the underlying terms of each card which may supersede these general terms, listed below:

• Unless otherwise indicated, card products will be charged a fee upon expiry equivalent to the remaining balance on the cards
• In the event of the termination of a card program by its sponsor, whether a merchant or financial institution, the card products will be charged a fee upon termination equivalent to the remaining balance on the cards

Moon Credit

Moon provides Accounts in good standing with the ability to purchase, accrue and utilize Moon store credit (“Moon Credit”) held for future use. Moon Credit may be used only to purchase Services and other goods sold by Moon, and is not redeemable for cash, or goods and services from other Merchants or Vendors, unless otherwise required by law. Moon Credit is not a checking account, demand deposit account, or savings account. Once associated with a Moon Account, Moon Credit is not transferable to other Accounts, Users, or beyond Moon. Moon Credit is not insured by any government or third party. Certain thresholds may apply to your Moon Credit balance as well as top-ups. These thresholds may not be exceeded without express written approval from Moon. Any of these limits can be reduced at any time by Moon, and the program may be terminated as a whole or for any Account at any time by Moon, at its sole discretion.

You forfeit your right to access Moon Credit when your Account breaches these Terms, or when it is determined by Moon based on industry standard methods to have engaged in fraudulent or abusive activity.

Fees

The Company may charge certain fees associated with its Services and with underlying services or products purchased through its Services.  Where applicable, these fees will be detailed in the specific terms and conditions of the product or service with which they are associated.  

Purchases made on Moon through Moon’s check-out or through a third-party payment service available at check-out may be subject to handling fees and confirmation time.  Moon may charge a purchase handling fee for the purchase of Moon Credit, or the use of Moon Credit for purchases of Services or products.

While many purchases on Moon are non-refundable, for those purchases which are refundable, Moon may charge a fee on outbound refunds to the original form of payment in order to cover the costs of remitting such refund payments.

Moon reserves the right to charge additional fees to mitigate against abusive behavior, including to mitigate and deter violations of these Terms and the terms of service of other companies, websites, or apps, at Moon’s discretion.

Returns and Refunds

The Fees you pay are non-refundable. You are responsible for paying all applicable Fees whether or not you actually used or otherwise benefited from the Service.

Not all products and services offered by Moon are eligible for refund. Although we strive to present updated terms and conditions for all products, we do not make any representation in that regard. You should confirm the applicable terms and conditions of the product you are purchasing from us directly on the website of the issuer of each product. Furthermore, some products sold are geographically limited to certain countries. In these cases, if you are attempting to purchase from a country that is not allowed by a product’s terms and conditions, such a purchase will not be possible. If you circumvent our geoblocking systems to acquire a product that is not available in your country, you are violating these Terms and we may suspend or terminate your Account. We are also not liable for any redemption issues you may find, and we will not provide a refund in those cases.

Any value contained in Moon Credit or a Moon card will not in any case be redeemable in cash or refunded in fiat currency. All purchases made using fiat currency, whether utilizing credit or debit cards, ACH or direct bank transfer, or otherwise, are final and non-refundable and do not qualify as such for refunds.

Refunds of qualifying products or services purchased from Moon using virtual or digital currency will in general practice be credited to Moon Credit, net of any transaction and handling fees. Any such qualifying and requested refunds not credited to Moon Credit will be approved on a case by case basis and, if approved, made to the original form of payment, net of any transaction and handling fees. Such requested refunds to the original form of payment, if approved, will be valid for 30 days from the date of approval by Moon. If within those 30 days the User has not accurately confirmed key details for their original form of payment, the refund will be terminated and may not be re-attempted.

Account Suspension or Termination

You may request to close your account at any time by contacting us at [email protected]. We may close your account at any time for any reason or no reason without prior notice. The Company may also deny you access to all the Services, or any part of the Services, if, judged in the Company’s sole discretion, you fail to comply with any terms or provisions of these Terms. Furthermore, the Company reserves the right to review, postpone, or cancel the acceptance or dispersal of funds to any suspended or terminated user or account at our discretion. If the Company and/or its partners or suppliers become aware of possible violations to these Terms or to any law, they may, in their sole discretion, initiate an investigation, suspend or terminate the Account, remove materials from their servers, issue a warning, or take other responsive action. If we determine that you have violated these Terms, or pose an unacceptable risk to us, or have provided any false, incomplete, inaccurate or misleading information, or otherwise have engaged in fraudulent or illegal or harmful conduct, we may take further action.

Your Content

“Your Content” shall mean any audio, video, text, images or other material you choose to display on Services provided by Moon. By displaying Your Content, you grant Moon a non-exclusive, worldwide, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be invading any third-party’s rights. Moon reserves the right to remove any of Your Content from its Services at any time without notice.

Communications

You consent to accept and receive communications from us in electronic form, including e-mail, text messages, calls, and push notifications to the mobile phone number you provide to us. These communications may be generated by automatic telephone dialing systems which will deliver pre recorded messages, including for the purposes of secondary authentication, receipts, reminders and other notifications. You agree that all communications provided to you by Moon electronically satisfy any legal requirement that communication would satisfy if it were in writing. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you. You may opt-out of receiving communications by following the unsubscribe options we provide to you. You may also opt-out of text messages from Moon at any time by texting STOP in response. You acknowledge that opting out of receiving communications may impact your use of the Services.

Reliance on Information Posted

The information presented on or through the Services and Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on Website information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Certain enhanced optional features within our Services may require your completion of either a light or full customer identification program. Moon handles this data in accordance with prevailing data privacy law and our Privacy Policy. Additionally, regardless of the product- or service-specific identification requirements, any suspicious transactions will be reported to competent authorities and you may be required at any time to complete a customer identification program to continue to use these Services.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Moon has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk, subject to the terms and conditions of use for their websites.

No Warranties

This Website, extension, apps, and web application is provided “as is”, with all faults, and Moon expresses no representations or warranties of any kind related to these Services or the materials contained on them. Also, nothing contained on these Services shall be interpreted as advising you.

Limitation of Liability

In no event shall Moon , nor any of its officers, directors or employees, be held liable for anything arising out of or in any way connected with your use of Services provided by Moon whether such liability is under contract. Moon , including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of these Services.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Services or Website. This is including, but not limited to any use of the Website’s content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website or Services.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Variation of Terms

Moon is permitted to revise these Terms at any time as it sees fit, and by using the Services, you are expected to review these Terms on a regular basis.

Violations of Terms

Moon reserves the right to seek all remedies available at law and in equity for violations of these Terms, such violations to be determined at its sole discretion. Possible remedies include the right to block access from a particular Internet address or device or location to the Website, as well as the right to review, postpone, or cancel the acceptance or dispersal of funds to any User at our discretion.

Non-Compliance

Moon may take a series of measures in order to protect Moon, its shareholders, directors, officers, agents and employees, against actions carried out by a User which may cause adverse effects at the sole discretion of Moon. These measures include but are not limited to: (i) require a User to provide a written justification of any action that Moon considers unusual, suspicious, fraudulent, or in bad faith in order to protect Moon and/or its affiliates and/or subsidiaries and/or controlling and/or controlled and/or related parties and/or partners and/or shareholders and/or managers and/or administrators and/or directors and/or officers and/or employees and/or dependents and/or representatives and/or proxies and/or legal proxies and/or advisors and/or any other natural or legal person that could be related to it; (ii) disable, freeze, close the account(s) and/or cancel the service(s) of any User for the time that Moon deems necessary to analyze and resolve the situation, without this generating any responsibility for Moon while reserving the right to initiate complaints and legal actions that correspond against the User; (iii) retain for an indefinite period any value or funds that are credited and/or that are credited in the future in the User's Account when there are suspicions of illegalities, fraud and/or any other act contrary to these Terms and Conditions as determined solely by Moon and/or suspicions of violation of legal precepts for which Moon must respond; (iv) terminate this contract and terminate the Account of the User who does not comply with these Terms and Conditions and/or has suspicions of violation of legal precepts for which Moon must respond. 

Assignment

Moon is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Moon and you in relation to your use of Services provided by Moon and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws, regulations, and Code of Rules of Prospera, Honduras, and you submit to the exclusive jurisdiction of Prospera Arbitration Center for the resolution of any disputes.

Your Comments and Concerns

Unless otherwise indicated, all feedback, comments, requests for technical support, and other communications relating to the Website may be directed to: [email protected].