Terms of Use

By using this website (https://honeycoin.app), any of our websites, or services, you agree to these Terms of Service. These Terms of Service, along with our Merchant Terms of Service, Privacy Policy, and any other terms and conditions that apply to our services, form a legally binding agreement between you and HoneyCoin, Inc. (“HoneyCoin”) and govern your access to and use of all our products and services. Please read these Terms of Service carefully before you start to use the Services. This document details our obligations to you and highlights certain risks in using our services. You will be bound by the provisions of this Agreement through your use of this website or any of our services.

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1. ABOUT US

‍HoneyCoin is a software technology company that provides financial services and lifestyle solutions to consumers and businesses in partnership with licensed payment service providers or as the directly licensed payment service provider. HoneyCoin offers utility and commerce payment solutions across Africa, Europe, the US, & Canada. We help users worldwide accept and receive payments for goods and services, pay for utilities and gift cards, and spend globally in their local African currencies.

We are an independent contractor for all purposes, providing this website and our services on an independent service provider basis. We do not have control over or assume the liability or legality for the products or services that are paid for with our service. We do not guarantee any user's identity and cannot ensure that a merchant or customer will complete a transaction.

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2. OUR SERVICES‍

HoneyCoin offers financial services aggregation that allows you to authorize payments to purchase goods and services online. We are not a bank, but we offer banking services as defined by the Banks and Other Financial Institutions Act, 2020 through licensed and regulated banking institutions.

The channels through which we offer our services include a web and mobile application made available through our website or other platforms (the “App” or “Application”), an Application Programming Interface (the “API”), and other features or content which we offer now and may be offered in the future, in connection with the website, the Application or Checkout (collectively referred to as the “Services”).

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3. WHO MAY USE OUR SERVICES‍

You may use the Services only if you agree to form a binding contract with HoneyCoin by registering/opening an account with us and are not a person barred from receiving services under the laws of the applicable jurisdiction or from any sanctioned jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, business, or organization, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms.

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4. ELIGIBILITY‍

By using the Services, you represent that:
a) You have attained the age of 18 years;
b) You are of sound mind and have the capacity to enter into a legally binding contract;
c) All personal information that you provide about yourself is accurate and true to the best of your knowledge, and you have the responsibility to maintain the accuracy of the information at all times;
d) You have carefully considered the risks involved with using the Services; and
e) Your use of the Services does not violate any applicable law or regulation.

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5. USER REGISTRATION AND ACCOUNT PROTECTION

5.1 Account CreationWhile you can browse the site without creating a user account (“Account”), accessing and utilizing our services requires you to have an Account. In creating an Account, you must provide us with accurate and complete registration information as prompted during the registration process, including your name, a valid email address that functions as your username, and a password, subject to certain requirements. Each Account registration is for a single user only. You shall not misrepresent your identity or your affiliation with any person or organization, and you are not allowed to use another user's Account for any purpose whatsoever. You must also complete our Know Your Customer (“KYC”) process provided by our KYC partner MetaMap (https://www.metamap.com).

You may access the profile associated with your Account (“Profile”) on the App when you are logged in. When you access your Profile, you can edit certain information, including your email address and password or any additional information. You can also contact us directly at customer.support@honeycoin.app to edit your information. It is your responsibility to ensure your contact information is accurate and up to date.

5.2 Identity VerificationYou must provide valid identification documents to be verified before transactions can be carried out in your account. Such identification documents include your Bank Verification Number (BVN) and a valid identification document such as a Driver's License, Voter's Card, National Identification Card, or International Passport. Your account will be restricted to certain limits and/or terminated if your identity is not verified.

5.3 Account ProtectionYou are responsible for maintaining the security and confidentiality of your username and password. You may not share your account information with third parties or allow third parties to use your Account. If you believe an unauthorized person has accessed your Account, you must notify us immediately via email at customer.support@honeycoin.app. We will not be liable for any loss incurred from another party’s use of your Account, though you may be held liable for losses caused by unauthorized access.

5.4 Account TerminationIf you wish to terminate your account, you may discontinue use of our Services by ceasing to use the Services and deleting all copies of the App from your devices. Upon termination, your right to use the Services will cease immediately.

We may terminate or suspend access to the Site or the App immediately, without prior notice or liability, for any reason, including breach of these Terms or suspicion of fraudulent activity. After termination, you will not receive further communications from us unless a new Account is created or you request otherwise.

All provisions which by their nature should survive termination (including warranty disclaimers, indemnity, and limitations of liability) shall survive termination.

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6. PAYMENTS AND FINANCIAL TERMS

6.1 Payment Authorization LimitsFor security and fraud protection, there is an initial limit on the amount you can authorize per transaction, as well as an overall limit on the total amount over time. These limits may be adjusted periodically by HoneyCoin. Additionally, all payments include a mandatory security step referred to as 3D‑Secure (https://stripe.com/en-gb-us/guides/3d-secure-2#summary).

6.2 Bank Transfer & Mobile Money Transfer AuthorizationWhen your bank account is used as your funding source for a transaction, you are authorizing HoneyCoin to initiate an electronic transfer on your behalf. Once your consent is provided, you cannot cancel the transfer, and HoneyCoin may resubmit any debit that fails for reasons such as insufficient funds, subject to applicable law.

6.3 Funding SourcePayments made by HoneyCoin on your behalf are settled to an authorized funding source. To use our Payment Services, you must add an eligible funding source to your HoneyCoin Account via the Site or App. By connecting a funding source, you pre-authorize recurring transfers from that source. You represent that:
a) You are the owner of the funding source;
b) You are authorized to transfer funds from that funding source; and
c) You authorize us to initiate debits from your funding source according to your instructions.

This authorization remains in effect until you remove the funding source.

6.4 Fees and Charges

6.4.1 Virtual Card Fee
The virtual card fee is $2.00, charged at the card’s creation. This fee may be adjusted by HoneyCoin from time to time.

6.4.2 Service Fees
HoneyCoin reserves the right to charge fees for use of our Services. All fees will be clearly communicated before any transaction is authorized. By proceeding with a transaction, you agree to pay the applicable fees.

6.5 Payment Delay or RefusalHoneyCoin may delay or refuse payments under circumstances including, but not limited to:

• Legal restrictions or additional due diligence requirements;
• Non-compliance with these Terms;
• Insufficient funds;
• Incomplete or incorrect payment instructions;
• Exceeding applicable transaction limits;
• A court-issued insolvency order; or
• Account suspension.

You will be notified if a payment is delayed or refused and can contact customer.support@honeycoin.app for resolution.

HoneyCoin is not liable for any direct or indirect losses resulting from delayed or refused payments.

6.6 Foreign Exchange FluctuationExchange rates vary, and transactions are settled at the prevailing market rate on the date of the transaction. You acknowledge that the rate applied to deposits may differ from that applied to withdrawals. You further agree not to engage in forex-related activities intended to exploit these fluctuations.

6.7 Payment DisputesAny claims regarding unauthorized or problematic transactions must be reported within 30 days. After that period, you waive your right to claim against HoneyCoin. HoneyCoin acts solely as a payment gateway and is not liable for disputes between you and a third-party merchant.

6.8 Payment RecallOnce a payment initiated by HoneyCoin reaches the beneficiary, it is deemed successful. HoneyCoin will not be liable for any issues arising after payment processing, including disputes over goods or services. For recalls or refunds, contact the beneficiary directly.

6.9 Reversal of PaymentHoneyCoin reserves the right to reverse disbursed funds under circumstances such as:
a) Suspicion of fraud or fraudulent activity;
b) Refusal of the transaction by the payment scheme or funding source;
c) An unauthorized transaction amount; or
d) Other necessary circumstances.

Reversals from virtual cards may take 10–15 working days and, on rare occasions, up to 45 days.

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7. INTELLECTUAL PROPERTY RIGHTS‍

Subject to your compliance with these Terms, HoneyCoin grants you a limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to access and view the content available through the Services solely for authorized purposes.

All contents, features, and functionality (including software, text, images, design, and audio/visual elements) are owned by HoneyCoin or its licensors and are protected by copyright, trademark, and other intellectual property laws. No part of the content may be copied, modified, reproduced, downloaded, or distributed without prior written permission from HoneyCoin, except as expressly permitted herein.

You may use the Services only to learn about HoneyCoin’s products and services and only in compliance with these Terms. You must not remove any proprietary notices, post modified content, or make additional representations regarding the Services.

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8. PROHIBITED USE OF OUR SERVICES‍

By using the Services, you agree not to:

• Use the Services in violation of these Terms;
• Copy, modify, create derivative works, reverse engineer, or otherwise attempt to discover the source code of the Services;
• Use, display, mirror, or frame any part of the Content or proprietary elements (including trademarks, logos, and design elements) without written consent;
• Dilute or harm HoneyCoin’s brand by unauthorized use of its marks or similar domain names;
• Sell, sublicense, distribute, or commercially exploit the Services or any portion thereof;
• Utilize any automated device, program, or method (including robots or spiders) to access or monitor the Services;
• Engage in actions that damage, disable, overburden, or impair the Services or interfere with another party’s use;
• Use the Services for any illegal purpose;
• Attempt to gain unauthorized access to the Services;
• Probe, scan, or test the vulnerability of any network or system connected to the Services; or
• Impose an unreasonable load on the Site, App, or its underlying infrastructure.

Additionally, you agree not to engage in forex trading or related activities that would impair the delivery of our Services or interfere with other users’ enjoyment.

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9. LIMITED LIABILITY‍

To the fullest extent permitted by law, HoneyCoin, its affiliates, directors, employees, agents, partners, suppliers, or content providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including loss of profits, data, or goodwill) arising from:
a) Your inability to access or use the Services;
b) The conduct or content of third parties using the Services;
c) Any content obtained through the Services; or
d) Unauthorized access, use, or alteration of your data.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you.

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10. DISCLAIMER OF WARRANTIES‍

The Services and all content are provided “as is” and “as available” without any warranty of any kind—express or implied—including (but not limited to) warranties of merchantability, fitness for a particular purpose, or non-infringement.

HoneyCoin does not warrant that the Services or content will be accurate, error-free, uninterrupted, or secure, nor does it guarantee that defects will be corrected. Any content downloaded or obtained through the Services is done at your own risk, and HoneyCoin is not responsible for any damage to your system or loss of data.

HoneyCoin does not endorse or assume responsibility for any third-party products or services advertised on or linked through the Services, and will not be liable for any transactions between you and third-party providers.

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11. INDEMNIFICATION‍

You agree to defend, indemnify, and hold harmless HoneyCoin, its parent companies, subsidiaries, affiliates, officers, directors, employees, contractors, and agents from any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney’s fees) arising from:
a) Your use of the Services;
b) Your violation of these Terms;
c) Your infringement of any third-party rights; or
d) Any claim that your content caused damage to a third party.

This indemnification obligation will survive your use of the Services.

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12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 Governing LawThese Terms shall be governed by and construed in accordance with the laws of the State of Delaware and the Federal Republic of Kenya, without regard to conflict of law provisions.

12.2 Dispute ResolutionIn the event of any dispute, controversy, or claim arising out of or relating to these Terms or their breach, the parties agree first to attempt to settle the dispute via friendly consultation.

If the dispute is not resolved within 30 days after notice, it will be finally settled by binding arbitration in accordance with the rules of the American Arbitration Association (for U.S. disputes) or the Nairobi Centre for International Arbitration (for disputes in Kenya or other African jurisdictions). Arbitration will take place in Wilmington, Delaware for U.S. disputes or in Nairobi, Kenya for applicable disputes, and the arbitration language shall be English. The arbitrator’s decision shall be final and binding, and each party will bear its own arbitration costs.

Notwithstanding the above, either party may seek injunctive relief from any competent court to protect its intellectual property or other proprietary rights.

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13. CHANGES TO TERMS‍

HoneyCoin reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice before new terms take effect. By continuing to use the Services after revisions become effective, you agree to be bound by the updated Terms. If you do not agree with the new terms, you must cease using the Services.

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14. COMPLIANCE WITH LAWS‍

You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Services, including but not limited to export control laws, tax laws, and regulations related to money laundering, terrorist financing, and financial crimes.

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15. PRIVACY AND DATA PROTECTION‍

Your privacy is important to us. Please review our Privacy Policy (available at the provided URL) for details on how we collect, use, and disclose your information. The Privacy Policy is incorporated herein by reference. By accessing or using the Services, you acknowledge that you have read, understood, and agree to the Privacy Policy.

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16. COMMUNICATIONS

16.1 Electronic CommunicationsWhen you use the Services or communicate with us by email, you consent to receive electronic communications from us. All such communications, including agreements, notices, disclosures, and other communications provided electronically, satisfy any legal requirement that they be in writing.

16.2 Marketing CommunicationsBy creating an Account, you agree to receive marketing communications from HoneyCoin unless you opt out using the provided unsubscribe instructions or by contacting customer.support@honeycoin.app.

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17. THIRD-PARTY LINKS AND SERVICES‍

The Services may contain links to third-party websites or services that are not owned or controlled by HoneyCoin. HoneyCoin has no control over, and assumes no responsibility for, the content, privacy policies, or practices of third-party sites. You acknowledge and agree that HoneyCoin is not liable for any damages or losses arising from your use of any third-party content, goods, or services. We strongly recommend reviewing the terms and privacy policies of any third-party websites you visit.

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18. ASSIGNMENT‍

You may not assign or transfer these Terms without HoneyCoin’s prior written consent. Any attempt to do so is void. HoneyCoin may assign or transfer these Terms at its sole discretion. These Terms will benefit and bind the parties and their respective successors and permitted assigns.

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19. SEVERABILITY‍

If any provision of these Terms is determined to be unenforceable or invalid under applicable law, the remaining provisions shall remain in full force and effect. The unenforceable or invalid provisions will be deleted without affecting the enforceability of the remaining provisions.

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20. ENTIRE AGREEMENT‍

These Terms, along with any policies or operating rules posted on the Site or included with the Services, constitute the entire agreement between you and HoneyCoin regarding your use of the Services. They supersede all prior or contemporaneous agreements, oral or written, regarding the subject matter herein.

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21. WAIVER‍

The failure of HoneyCoin to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. A waiver is only effective if in writing and signed by a duly authorized representative of HoneyCoin. Except as expressly stated herein, the exercise of any remedy by either party shall not preclude the use of any other remedy.

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22. CONTACT INFORMATION‍

For any questions or concerns regarding these Terms, please contact us at:

• Email: customer.support@honeycoin.app
• Address: 651 North Broad Street, Middletown, DE, US, 19709
• Phone: +1 484-457-8488

Licensing & RegulationHoneyCoin is a technology company providing an aggregated financial services ecosystem through licensed and regulated banks and financial institutions. HoneyCoin does not operate as a money service business, payment service provider, or licensed financial institution. All settlements are handled by our licensed and regulated partners, who adhere to stringent AML, KML, and PCI‑DSS compliance standards. HoneyCoin (D.B.A HoneyCoin) provides the technical infrastructure for transactions but does not handle customer funds. Customer funds and payments are held and processed by our registered and regulated partners, which include (but are not limited to) Stripe, Inc; Bitvault, Inc; Flutterwave, Inc; FINSERVE AFRICA LIMITED; and Modulr Finance Limited.

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