Binance Pay Terms of Use
Last updated: 13 September 2024
A. Acceptance of these Terms
By Subscribing to Pay Services, you acknowledge and agree that you will be bound by and will comply with these Binance Pay Service terms (“Pay Terms”), as updated and amended from time to time. By accessing and/or using the Pay Services, you agree that you have read and understood these Pay Terms, together with any additional documents or terms referred to in these Pay Terms. If you do not understand and accept these Pay Terms in their entirety, you should not use the Pay Services.
B. Scope of these Terms and Changes
These terms specifically govern your access to and use of the Binance Pay service and any ancillary services made available by Binance (“Pay Services”) in accordance with these Pay Terms.
These Pay Terms are supplemental to and shall be read together with the Binance Terms of Use available here (“Terms of Use”) and the provisions set out in the Terms of Use shall continue to apply. All terms and clauses contained in the Terms of Use (except to the extent expressly modified herein) are incorporated by reference and have the same force and effect as if set out in their entirety in these Pay Terms. These Pay Terms constitute Product Terms. References in the Terms of Use to the Binance Services shall include references to the Pay Services contemplated hereunder. In the event of any conflict or inconsistency between these Pay Terms and the Terms of Use, these Pay Terms shall prevail with respect to the services contemplated hereunder, unless expressly stated otherwise.
Binance may make changes to these Pay Terms (or any terms or information incorporated by reference) at any time in accordance with the Terms of Use.
Users in selected territories and jurisdictions may have separate terms and conditions applicable to them, which will be published, incorporated and updated by us from time to time. We reserve the right to amend or modify any of the features and/or services available in the Pay Services, as necessary and appropriate, and at our sole discretion, to comply with the Applicable Law.
C. How to participate in the Pay Services
We reserve the right to determine at our sole and absolute discretion from time to time, the markets and jurisdictions in which to provide the Pay Services, and may restrict or refuse in our sole and absolute discretion at any time without notice, the provision of the Pay Services in certain countries or regions (including but not limited to situations where such restrictions are required to ensure compliance with Applicable Laws). Digital Assets cannot be used directly or indirectly for making payments in some regions. You are solely responsible for your transfer transactions and Binance is not liable for any losses you may incur.
In order to be eligible to use the Pay Services you must create and maintain a Binance Account as required under our Terms of Use and continue to meet all applicable requirements of maintaining such Binance Account including without limitation providing your full legal name, country of residence and other KYC details that we may require from time to time.
Only certain Digital Assets can be used in conjunction with the Pay Services (including but not limited to funding your Binance Account, as described below) and Binance reserves the sole discretion to determine which Digital Assets can be used in conjunction with the Pay Services.
D. Features of the Pay Services
The Pay Services permits you to:
a. Fund your Binance Account using Digital Assets;
b. Transfer Digital Assets to another user and/or Merchant of the Pay Services; and
c. Receive Digital Assets from another user and/or Merchant of the Pay Services.
To use the Pay Services, your Binance Account needs to be funded with Supported Digital Assets. You may choose to fund your Binance Account by transferring Digital Assets from other third party wallets to your Binance Account or any other methods permitted by us.
Sending and Receiving Digital Assets via the Pay Services: You may send and/or receive Digital Assets using the Pay Services in accordance with the instructions published on the Platform from time to time. We may, at our discretion and without prior notice, limit or otherwise restrict your ability to withdraw the Digital Assets received in your Binance Account. This may include, without limitation, circumstances where processing your transfers may result in contravention of Applicable Laws, any transfers would cause you to exceed your applicable transaction and transfer limits, or we are unable to verify your identity or the source of funds.
Entering into Transactions with Merchants via the Pay Services: You may make transactions to a third party Merchant using the Pay Services.
Transactions and transfers made using the Pay Services may be subject to limits, determined by Binance from time to time at its discretion. Any transaction and transfer limits will be displayed in your Binance Account in your ‘Pay’ settings. We reserve the right not to complete transactions where the transaction or transfer amount exceeds such limits or in other circumstances in our reasonable discretion, including where required by applicable legal and/or regulatory requirements. You should ensure that your limits are sufficient to cover the transaction or transfers you intend to make. We may increase your limits subject to your satisfactory completion of our identity verification process.
Conversion: The Pay Services may grant you access to, and use of, the Convert Services to convert one Digital Asset into another Digital Asset, or a particular Fiat Currency into a Digital Asset (or vice versa), as applicable, based on supported trading pairs as available on the Platform. For the avoidance of doubt, the Convert Terms will specifically govern your access to, and use of, the Convert Services.
Voluntary Conversion: As a user of the Pay Services, you may have the option to perform a Voluntary Conversion of the Digital Assets available in your Binance Account. Please note that fees (as provided in the Convert Terms) may apply, including a spread, when you instruct us to perform a Voluntary Conversion.
Auto-Conversion: As a Merchant of the Pay Services, you may have the option to instruct us to enable Auto-Conversion on your Settlement Funds. Upon confirmation that the relevant transaction is completed and the Digital Assets have been transferred from the user, we will convert all Settlement Funds that are not in the form of your specified Digital Asset to your specified Digital Asset at the prevailing rate of exchange at the time of the Settlement and deposit the converted Settlement Funds into your Binance Account. By electing to enable Auto-Conversion, you understand and acknowledge that your converted Digital Assets may be exposed to exchange rate risk, which could cause your holdings to either appreciate or depreciate in value relative to Fiat Currency as a direct or indirect result of the Auto-Conversion feature.
Refunds: You understand and agree that any complaints, claims, disputes, chargebacks or refunds in relation to goods and/or services provided by and purchased from a Merchant will be resolved between such Merchant and yourself, and Binance will not be responsible for any refunds made or to be made by such Merchant.
In the event you are entitled to a refund for any reason when you make a purchase for goods and/or services using the Pay Services and a refund has been initiated by the relevant Merchant within 90 days from the date of purchase, the relevant Merchant will arrange for your Digital Assets to be refunded to your Binance Account. The Pay Services will not be able to support refunds that are initiated by the Merchant more than 90 days after the date of purchase. Under such circumstances, you will need to arrange with the Merchant directly for an alternative method to receive your refund.
If a refund is initiated and posted by the Merchant, you understand and agree that the refund credited to your Binance Account may not be denominated in the same Digital Assets originally used for the purchase, and Binance reserves the right to determine, at its discretion, the Digital Assets to be credited to your Binance Account.
Unexecuted Transactions: In the event that your authorisation to send, receive or pay using the Pay Services cannot be effected, completed or processed due to system maintenance, failure or breakdown, non-availability of the Pay Services, whether or not originating from the user, Merchant, or Binance, no Digital Assets will be debited or otherwise deducted from your Binance Account and the transaction will not be executed.
Negative Balance: You cannot cancel, reverse, or change any transaction marked as complete. In the event your Binance Account falls into a negative balance for any reason whatsoever, you understand and acknowledge that (i) your use of the Pay Services and/or other features or services provided by us may be suspended or restricted until the negative balance is satisfied and your Binance Account is brought back to good standing to our satisfaction, and (ii) we reserve the right to take any and all action that we consider appropriate to recover our losses to the maximum extent not prohibited by Applicable Laws.
Transaction Review: In accordance with our regulatory obligations, we may need to review certain transactions before execution. When this happens, we will place a hold on the transaction and notify the relevant Merchant to hold the shipment of the item or the provision of the services to you. Please note that this may delay your receipt of the item or service that you have purchased. Once we have finished our review, we will notify the relevant Merchant and, if appropriate, direct them to proceed with the shipment of the item or the provision of services to you. We may at our reasonable discretion cancel the transaction and return the corresponding amount to your Binance Account, or take any other action as permitted under Applicable Law.
E. Fees
Certain fees may apply when you use the Pay Services and we reserve the right to adjust our pricing and fees at any time. The latest fee schedule can be found here (“Fee Schedule”). We may adjust our fees from time to time at our discretion without prior notice. Any changes to the Fee Schedule will be made available on the Platform.
By accessing or using the Pay Services, you agree to pay all applicable fees. This may include, but is not limited to Merchant fees and a spread as set out in our Fee Schedule.
Unless otherwise specified by us, our Fee Schedule does not include any additional fees charged by and payable to the Third Party Service Providers or governmental authorities, including but not limited to network charges, taxes and foreign exchange costs, which may be declared by such Third Party Service Providers or governmental authorities via separate legal documents and may be different when applied for users in selected territories and jurisdictions.
By authorising a transaction using the Pay Services, you expressly authorise us to automatically deduct fees and any applicable third-party or compulsory charges directly from the funds available in your Binance Account and Binance Sub-Account(s).
F. Third Party Service Providers
We may, at our discretion, rely on third party service providers (“Third Party Service Providers”) to provide regulated and unregulated financial or payment services, including exchange or conversion, settlement and other services in connection with your use of the Pay Services (“Additional Services”). In order to access or otherwise use the Additional Services, you may be required to agree to the other terms and conditions that are applicable to the Additional Services, which may be updated by us or such Third Party Service Providers from time to time at our or their sole discretion.
We are not responsible or liable for any loss or damage of any sort that may arise directly or indirectly out of your use of the Additional Services. You understand and agree that your use of the Additional Services is at your own risk and you hereby accept all risk of loss or damage that may arise directly or indirectly from using the Additional Services.
You acknowledge and agree that the Third Party Service Providers are entitled to, and you will cooperate with the Third Party Service Providers to, undertake identification, credit, anti-money laundering, counter-terrorism financing, know-your-customer and other necessary checks and screenings required to comply with internal compliance policies and Applicable Laws, at any time during your registration and use of Pay Services and Additional Services when we or the Third Party Service Providers deem necessary in our or their sole discretion.
G. General
Consumer Rights: Nothing in these Pay Terms will affect those mandatory or statutory rights to which you are entitled as a consumer and that you cannot contractually agree to alter or waive. The rights and protections afforded to Binance under these Pay Terms are in addition to any other rights and protections afforded to us under other clauses in the Terms of use, and any other terms agreed between you and us.
For the avoidance of doubt, Clause 4 of our Terms of Use will apply to these Pay Terms and each specific Binance Service that you access or use via the Pay Services, including without limitation to ‘Send Cash’, ‘Convert’ or ‘Futures’, will be subject to other Product Terms as applicable.
H. Risk Warning
Please refer to our Risk Warning for a summary overview of some (but not an exhaustive list) of the risks that may arise directly or indirectly from your access to, and use of, the Pay Services. No communication or information provided to you by Binance is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice.
By accessing and/or using the Pay Services, you hereby unconditionally and irrevocably (a) confirm that you understand and accept any and all associated risks with your access to, and use of, the Pay Services including, without limitation, the risks described in our Risk Warning, (b) explicitly consent to, and grant Binance Group Entities all necessary rights for, Binance Group Entities accessing and using your Digital Assets as described in these Pay Terms and any associated risks, and (c) have carefully assessed whether, and determined that, Pay Services are appropriate for you.
Digital Asset prices can be volatile, and exchange rate fluctuations may impact the value of your investment and you may not get back the amount invested. You are solely responsible for your investment decisions and Binance is not liable for any losses you may incur. Please fund your wallet and perform your transactions cautiously.
Your Digital Assets will not be segregated from the Digital Assets of others. Your Digital Assets may be commingled in hot wallets and cold wallets with Digital Assets belonging to Binance Group Entities and clients of Binance Affiliates globally.
No Binance Group Entity makes any representation or warranty that the Pay Services are appropriate (a) for any user or in any location, or (b) that the transactions and services described in these Pay Terms are (or will continue to be) available or appropriate for any user or in any location. Binance does not guarantee uninterrupted or error-free operation of the Pay Services or that it can correct all defects or prevent disruptions or authorised access. You are strongly encouraged to carefully review these Pay Terms and seek independent professional advice as to whether the Pay Services are appropriate for you having regard to your personal circumstances and objectives, financial position and risk tolerance.
I. Definitions
“Additional Services” has the meaning given to it in clause 27.
“Auto-Conversion” means a Pay Services Merchant’s election to automatically convert or otherwise exchange all Settlement Funds received and to be received from users’ Digital Assets for the purchase of goods and/or services into the Digital Assets of their choosing upon Settlement, provided that it is supported by the Pay Services.
“Convert Services” has the meaning given to it in the Convert Terms, and includes, without limitation, Auto-Conversion and Voluntary Conversion.
“Convert Terms” has the meaning given to it in the Convert Terms.
“Fee Schedule” has the meaning given to it in clause 23.
“Merchant” means a registered Pay Services vendor or service provider that accepts Digital Assets via the Pay Services on its Merchant Sites for the purchase of goods and/or services.
“Merchant Site” means the Merchant’s point(s) of sale where a sale occurs for the purchase of goods and/or services, and includes the Merchant’s physical stores, websites and/or mobile applications.
“Pay Services’ has the meaning given to it in clause 2 and includes the ability to transfer Digital Assets between users and to Merchants for the purchase of goods and/or services.
“Pay Terms” has the meaning given to it in clause 1.
“Settlement” means when the transaction made by the user for the purchase of goods and/or services is complete and the Digital Assets used for the transaction are transferred or are to be transferred from the user’s Binance Account to the Merchant’s Binance Account.
“Settlement Funds” means the Digital Assets used by the user to purchase goods and/or services from the Merchant.
“Third Party Service Provider(s)” has the meaning given to it in clause 27.
“Voluntary Conversion” means a Pay Services user’s election to convert or otherwise exchange selected Digital Assets in their Binance Account to another Digital Asset of their choosing, provided that it is supported by the Pay Services.
