Welcome to KitePay (kitepay.tech). These Terms of Service (“Terms”) govern your access to and use of KitePay's software-as-a-service dashboard, developer APIs, webhook indexing tools, and open-source deterministic smart-contract factories (collectively, the “Services”).

1.0 Operating Entity & Jurisdiction Availability: The Services are operated by KitePay Technologies Ltd · Registered in England & Wales · London, United Kingdom · compliance@kitepay.tech. KitePay's self-custodial software infrastructure is available globally, explicitly excluding jurisdictions and territories subject to comprehensive sanctions enforced by the US Office of Foreign Assets Control (OFAC), UK HM Treasury (HMT), the European Union (EU), or the United Nations (UN) Security Council.

1.1 Nature of Services: KitePay is a software development and blockchain indexing provider. KitePay is not a bank, money transmitter, e-money institution, custodian, fiduciary, or payment institution. KitePay provides technical tooling that enables merchants and platforms to generate deterministic smart-contract deposit addresses and observe public blockchain events on Polygon, Base, Arbitrum, and TON.

1.2 Merchant Responsibilities: Platforms integrating KitePay are solely responsible for their own products, services, customer support, tax reporting, VAT / sales tax obligations, and compliance with applicable laws in the jurisdictions where they operate.

1.3 Software Licensing & Protocol Fee: Smart-contract settlements executed through the KitePay protocol automatically route an on-chain software licensing fee (defaulting to 100 basis points / 1.00%, or as configured in your platform agreement) to the immutable KitePay protocol treasury address at the moment of on-chain execution.

2.1 Zero Custody of Funds: At no point does KitePay ever hold, custody, pool, or control private keys capable of redirecting buyer, seller, or platform funds. Every checkout session computes an isolated, unowned EIP-1167 minimal proxy address via CREATE2 whose bytecode cryptographically hardcodes the destination seller wallet, platform treasury wallet, and basis-point split ratios.

2.2 Atomic Settlement & Finality: When a digital asset transfer confirms on-chain, the flush() function atomically distributes the ERC-20 balance directly to the designated recipient wallets in a single blockchain transaction. Because blockchain transactions are irreversible, KitePay cannot reverse, recall, freeze, or refund settled on-chain transfers.

3.1 Information We Collect: We collect minimal data required to operate the Services:

• Merchant Account Data: Business name, account email address, hashed authentication credentials, configured payout wallet addresses, and webhook URLs.
• Public Blockchain Data: Publicly broadcast wallet addresses, token transfer amounts, block timestamps, and transaction hashes on Polygon, Base, Arbitrum, and TON.
• Technical Telemetry: Essential session cookies (payrail_merchant_session) for merchant authentication and theme preferences. We do not sell personal data or use third-party advertising trackers.

3.2 Your Rights Under GDPR / UK GDPR: You have the right to access, rectify, export, or request deletion of your off-chain merchant account data by contacting privacy@kitepay.tech. Please note that public blockchain transactions recorded on decentralized networks cannot be altered or erased by KitePay.

By using KitePay APIs or hosted interfaces, you represent and warrant that neither you, your platform, nor your connected sellers will use the Services in connection with:

• Sanctioned Persons or Jurisdictions: Any individual, entity, or wallet address listed on the US OFAC Specially Designated Nationals (SDN) list, UK HM Treasury Sanctions List, EU Consolidated Sanctions List, or UN Security Council Sanctions List, or located in comprehensive sanctioned territories.
• Illicit Activity & Fraud: Money laundering, terrorist financing, ransomware, stolen funds, darknet markets, non-consensual content, CSAM, unlawful gambling, or fraudulent investment schemes.
• Age-Restricted Platforms: Where a merchant operates lawful age-restricted digital services, the merchant must maintain mandatory 18+ age verification, seller identity verification (KYC), and record keeping in accordance with applicable UK, EU, and US laws.

5.1 Third-Party Fiat On-Ramps & On-Chain Finality: On-chain stablecoin settlements executed through KitePay smart contracts are final and irreversible once confirmed on the respective blockchain network. Where an end-buyer funds a wallet via a third-party fiat on-ramp provider (such as Coinbase Onramp, MoonPay, or Revolut Ramp), the fiat leg of that transaction remains subject to the fraud screening, dispute resolution, and chargeback policies of that licensed third-party on-ramp provider.

When a buyer chooses to purchase stablecoins using a debit card, Apple Pay, or bank transfer via a third-party provider (such as Coinbase Onramp, MoonPay, or Revolut Ramp), that fiat-to-crypto conversion is executed solely by the respective licensed third-party provider under its own Terms of Service, Privacy Policy, and KYC/AML procedures.

5.2 Network & Smart-Contract Risks: Users must ensure they send the exact supported token (USDC or USDT) on the specified blockchain network (Polygon PoS, Base, Arbitrum One, or TON). Sending unsupported assets or sending tokens on an incompatible network may result in permanent loss of funds.