1. This agreement
1.1 Parties. These Terms of Service ("Terms") are a contract between you and ARTCLUB 88 FINANCE CORPORATION ("ARTCLUB", "we", "us"), a company incorporated in British Columbia, Canada (registry code BC1443242; FINTRAC money services business number M23048467; address 44322 Yale Rd, Unit 3B #277, Chilliwack, British Columbia, V2R 4H1, Canada). They cover the ArtPay mobile app for individuals, the website https://artpay.co and every service you reach through them (together, the "Services"). They cover the app for individuals only; the ArtPay business platform has its own terms.
1.2 Acceptance. You accept these Terms when you create an account, tap "I accept" in the app, or use the Services. If you do not agree, do not use the Services. We record the version you accepted, the date and your IP address.
1.3 Who may use ArtPay. You may use the Services only if you: (a) are at least 18 years old, or the age of majority where you live if it is higher; (b) are a natural person acting for yourself, not for a business or for someone else; (c) live in a country listed in the app at sign-up; (d) are not subject to sanctions and do not live in a country under comprehensive sanctions; (e) pass our identity verification; and (f) have not had an ArtPay account closed by us before. One person may hold one account.
1.4 Other documents. Our Privacy Policy (https://artpay.co/b2c/privacy) is part of these Terms. Our fees are in section 6. If an issuer's cardholder agreement applies to your card, section 5 says so.
1.5 Disputes. Section 13 says which law applies and where disputes are heard. Please read it.
2. How ArtPay works
2.1 What we do. ARTCLUB operates the ArtPay app and is your point of contact for everything: onboarding, support, notifications, account closure. ARTCLUB is registered with the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) as a money services business.
2.2 Our Partner. The financial services behind the app (holding your balance, deposits and withdrawals, currency conversion, issuing and settling your card) are provided through our partner BUYEASY TECHNOLOGY CO., LTD ("our Partner"), a company incorporated in Ontario, Canada, registered with FINTRAC as a money services business (No. M23877619) and with the Bank of Canada as a payment service provider under the Retail Payment Activities Act. The platform technology is licensed from SquareFi Inc., a Delaware technology company that provides no financial services.
2.3 Third parties. Our Partner may use licensed custodians, banks, a card issuer and other subcontractors to deliver the services and may change them at any time. They act for our Partner, not for you. You have no contract with them and do not need to accept their terms, except the card issuer's cardholder agreement where section 5 says so. Our Partner remains responsible for the services it provides.
2.4 Your balance. Your balance is held in stablecoins (USDT and USDC) by our Partner or by custodians it engages, and is recorded as a ledger entry in our systems and our Partner's systems. It is not a bank deposit. It is not insured or guaranteed by the Canada Deposit Insurance Corporation, the U.S. Federal Deposit Insurance Corporation or any other deposit insurance or investor compensation scheme. Neither ARTCLUB nor our Partner is a bank.
2.5 Suspension by our Partner. Our Partner may suspend or restrict a service without prior notice where a regulator, a payment network or one of its third parties requires it, where it suspects fraud or a security incident, or under its compliance and risk policies. We will tell you what we are allowed to tell you and restore access as soon as the issue is resolved.
3. The Services
3.1 What you get. Once your identity is verified you can: (a) hold a balance in USDT and USDC; (b) receive stablecoins to a deposit address on a supported network; (c) receive bank transfers that are credited to your balance in stablecoins; (d) withdraw stablecoins to an external address or to a bank account; and (e) order an ArtPay Visa card and spend from a separate card balance.
3.2 Availability. Not every service is available in every country or at every time. We may add, change or withdraw a service, a supported currency or a supported network for regulatory, security or business reasons. We will give you notice in the app where we can, and at least 30 days' notice before withdrawing a service you are using, unless the law or a regulator requires faster action.
3.3 Not advice. Nothing in the app is investment, legal or tax advice. You are responsible for your own tax reporting.
4. Your account
4.1 Identity verification. To open an account you confirm your phone number and email and pass an identity check: your details, a government ID document, a selfie and a liveness check. To order a card you may be asked for the document again. Our Partner, its card issuer or its banks may ask for more information or documents at any time, for example about the source of your funds. Until you provide them, parts of the Services may be unavailable.
4.2 Accurate information. Everything you tell us must be true, complete and current. Update your details in the app when they change. We may refuse, suspend or close an account opened with false or incomplete information.
4.3 Your phone and your PIN. Your account is linked to your phone. Signing in on a new phone requires a code sent to your number and, after that, the new phone is linked and you are told by SMS and email. Money leaving your account, changing your PIN and unlinking a phone are confirmed by that phone and your PIN. Keep your phone locked, keep your PIN secret and never share a code we send you. Anyone who has your unlocked phone and your PIN can move your money. Tell us at once through the app or [email protected] if you lose your phone or think someone else knows your PIN.
4.4 Your responsibility. You are responsible for every action taken through your account until you tell us that your phone or PIN is compromised and we have had a reasonable time to act. We are not responsible for loss caused by you giving your PIN, a code or your phone to someone else, or by phishing you did not report.
4.5 Notifications. We send security and money notifications by push, SMS and email. Keep your phone number and email current; some notifications are required by law and cannot be turned off.
4.6 Closing your account. You can close your account in the app at any time. Withdraw your balance first; a card balance is returned to your wallet when the card is closed. After closure we remove the information that identifies you and keep what the law requires, as described in the Privacy Policy. A closed account cannot be reopened.
5. The ArtPay card
5.1 What it is. The ArtPay card is a Visa card issued by a licensed card issuer engaged by our Partner. It is a prepaid card: it spends only the money on your card balance, which you top up from your wallet. It is not a credit card and has no overdraft. Where the issuer requires you to accept its own cardholder agreement, the app shows it before the card is ordered, and that agreement governs the card where it conflicts with this section.
5.2 Ordering and activation. You can order a card after identity verification and, where required, after providing the documents the issuer asks for. The issuer may decline to issue a card; we will tell you the reason where we are allowed to.
5.3 Card balance. Money you move to the card is held on a separate card balance. You can move it back to your wallet at any time unless the card is frozen by the issuer. When the card is closed, the remaining card balance returns to your wallet.
5.4 Card details and PIN. You can view the card number, expiry date and security code in the app after confirming with your phone. Keep them secret. Do not share a purchase confirmation code with anyone; we will never ask for it.
5.5 Spending. A purchase is authorised when the merchant requests it and is deducted from your card balance when the merchant settles it; the amounts may differ, for example with currency conversion or tips. Purchases in a currency other than the card currency are converted at the rate the card network applies on the day, plus any fee listed in section 6. A purchase may be declined when the card balance is too low, a limit is reached, the merchant or country is restricted, or the issuer's risk rules require it.
5.6 Limits. Spending, top-up and withdrawal limits are shown in the app and may change with your verification level and the issuer's rules.
5.7 Freezing, lost or stolen cards. You can freeze and unfreeze the card in the app. If the card details are lost, stolen or used without your permission, freeze the card at once and contact support. You are responsible for purchases made before you freeze the card or tell us, except where the law says otherwise. We, our Partner or the issuer may freeze or cancel the card for security, regulatory or risk reasons.
5.8 Disputes with merchants. If you do not recognise a purchase or a merchant did not deliver, contact support within 60 days of the purchase with the details. We will raise the dispute with the issuer under the card network's rules; the outcome and the timing depend on those rules, and a refund is credited to your card balance only when the network settles it in your favour. Refunds from a merchant are credited to the card balance when they arrive.
5.9 Expiry and closure. The card expires on the date shown on it. You may close the card at any time in the app. On expiry or closure the remaining card balance returns to your wallet.
6. Fees and refunds
6.1 Fee schedule. We charge no fees for opening an account, identity verification, issuing the card, receiving stablecoins or bank transfers, moving money between your wallet and your card, or closing your account. There are no subscription or inactivity fees. When you withdraw stablecoins, you pay the fee at the rate current at that moment; the app shows it before you confirm. When you withdraw to a bank account, the receiving bank and intermediary banks may deduct their own fees from the amount. Card purchases in a currency other than the card currency are converted at the rate the card network applies on the day. Any fee we add later will be shown in the app before you confirm the operation and announced under 6.2.
6.2 Changes. We may change fees. We will notify you by email and in the app at least 30 days before an increase takes effect. If you do not agree, close your account before the change takes effect; using the Services after that date means you accept the new fees.
6.3 Refunds of fees. A fee for a completed operation is not refunded, except where we charged it in error, charged it twice, or the operation failed for a reason on our side. Ask at [email protected] with the operation details; we answer within 10 business days.
6.4 Taxes. You are responsible for any taxes that apply to your use of the Services.
7. Intellectual property and licence
7.1 Ownership. The ArtPay app, website, name, logo and all content in them belong to ARTCLUB or its licensors. The underlying financial platform belongs to our Partner and SquareFi Inc. The Visa name and logo belong to Visa. Nothing in these Terms transfers any of these rights to you.
7.2 Your licence. We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the app on devices you own or control, for your own use, as these Terms allow. The app is also subject to the terms of the app store you downloaded it from.
7.3 Restrictions. You may not copy, modify, sell, rent or distribute the app, reverse engineer it except where the law allows, remove notices from it, use automated tools to access the Services, or interfere with their operation.
7.4 Feedback. If you send us ideas or feedback, we may use them without obligation to you.
8. Privacy
How we collect, use, share and keep your personal information is described in our Privacy Policy at https://artpay.co/b2c/privacy. It names our Partner, the identity verification providers, the card issuer and the service providers that process your information, and explains what we keep after you close your account. By using the Services you confirm that you have read it.
9. Deposits, withdrawals and transfers
9.1 Check before you confirm. You are responsible for the details of every operation you confirm: the address, the network, the bank account, the amount, the currency. The app shows them before you confirm. We and our Partner execute what you confirmed.
9.2 Stablecoin deposits. Send only the stablecoin and the network shown in the app for your deposit address. Tokens sent on another network, another token sent to the address, or a deposit below the minimum shown may be lost and cannot be recovered. A deposit is credited after the network confirmations shown in the app.
9.3 Bank transfers in. A bank transfer is credited to your balance in stablecoins at the rate shown in the app at the time of crediting. Transfers from accounts not in your name may be returned or held for review.
9.4 Withdrawals. A withdrawal to an external address or a bank account is final once you confirm it with your phone and your PIN. It cannot be cancelled, reversed or recalled by us or our Partner, and money sent to a wrong address or account cannot be retrieved. We may hold a withdrawal for review (section 10) and will tell you when we do.
9.5 Timing. We send withdrawals promptly, but the time to arrive depends on the blockchain or the banks involved and is outside our control.
9.6 Errors. If we credit your account by mistake, we may reverse the credit and you agree to return any amount you are not entitled to.
10. What you may not do, and how we monitor
10.1 Prohibited use. You may not use the Services: for anything illegal; for a business; on behalf of someone else or let someone else use your account; to launder money, finance terrorism, evade sanctions or taxes; for gambling, adult content, weapons, drugs or other activities restricted by our Partner, the card network or the issuer; to buy or sell the Services or your account; or to attack, probe or overload our systems.
10.2 Monitoring. We, our Partner and the issuer check operations against sanctions lists and for unusual activity, as the law requires. We may delay, hold or refuse an operation, ask you for information or documents, and report to authorities. We will not always be allowed to tell you why.
10.3 Consequences. Breaking these rules lets us suspend or close your account under section 14. You are liable for loss you cause us by breaking them.
11. Risks you should understand
- Your balance is not a deposit and is not insured. If our Partner or a custodian it uses fails, you may lose some or all of your balance. Neither ARTCLUB nor our Partner is a bank.
- Stablecoins are not money issued by a government. USDT and USDC are tokens issued by private companies. Their value can fall below one US dollar, their issuers can freeze tokens, and a blockchain can halt or change. Values shown in other currencies in the app are estimates from market rates, not guaranteed amounts.
- Blockchain operations are final. There is no central authority that can reverse them.
- The Services depend on third parties. Blockchains, banks, the card network, the issuer and our other providers can fail, be delayed or change their rules. We will do what we reasonably can, but we cannot guarantee uninterrupted service.
- Laws change. A regulatory change can force us to restrict or end a service at short notice.
12. Our liability and yours
12.1 Consumer rights. Nothing in these Terms removes rights that the consumer protection law of your country gives you and that cannot be excluded by contract. The limits below apply only to the extent that law allows.
12.2 No warranty. The Services are provided as they are. To the extent the law allows, we make no promise that they will be uninterrupted, error-free or fit for a particular purpose.
12.3 What we are not liable for. To the extent the law allows, we are not liable for: loss caused by you confirming wrong details, sharing your PIN, a code or your phone, or ignoring a warning in the app; loss caused by a blockchain, a bank, the card network, the issuer or another third party outside our control; a fall in the value of a stablecoin; indirect loss such as lost profit or lost opportunity; or events beyond our reasonable control (force majeure).
12.4 Cap. To the extent the law allows, our total liability to you for all claims in any 12-month period is limited to the greater of CAD 1,000 and the fees you paid us in those 12 months. This cap does not apply to loss caused by our fraud, gross negligence or wilful misconduct, or to liability that the law does not let us limit.
12.5 Your indemnity. You will compensate us, our Partner and their staff for loss and reasonable costs caused by your breach of these Terms or of the law, or by your use of the Services for someone else.
13. Disputes with us
13.1 Talk to us first. Write to [email protected] with what happened and what you want us to do. We will answer within 15 business days. If we cannot settle it, either of us may take the next step after 60 days from your first message.
13.2 Law and courts. These Terms are governed by the laws of British Columbia and the federal laws of Canada that apply there. Disputes are heard by the courts of British Columbia, Canada. If you are a consumer living in a country whose law gives you the right to sue in your own courts or under your own law, that right is not affected.
13.3 Arbitration. Where the law allows, we may instead refer a dispute to final and binding arbitration under the rules of the ADR Institute of Canada, seated in Vancouver, in English. If we do not choose arbitration within 30 days of your formal notice, the dispute goes to court under 13.2.
13.4 Individual claims. Where the law allows, you and we bring claims against each other only individually, not as part of a class or representative action.
13.5 Third parties. Disputes with a merchant, a blockchain, a bank or another third party are between you and them; section 5.8 says how we help with card purchases.
14. Suspension and ending the agreement
14.1 By you. You may end these Terms at any time by closing your account in the app (section 4.6).
14.2 Suspension by us. We may suspend your account or a service, in whole or in part, when: we suspect fraud, a security incident or a breach of these Terms; the law, a regulator, our Partner, the issuer or the card network requires it; your identity or your information needs re-verification; or an operation is under review. We tell you what we are allowed to tell you and lift the suspension as soon as the reason is resolved.
14.3 Closure by us. We may close your account with 30 days' notice for any reason, and immediately if you breach these Terms, if the law or a regulator requires it, or if our Partner stops serving you. When we close your account, you can withdraw your balance unless the law or a regulator forbids it; if you do not, we will keep it for you under the law that applies.
14.4 After the end. Operations already confirmed are completed or reversed under these Terms. Sections 5.8, 7, 8, 9.6, 11, 12, 13 and 15 continue to apply.
15. General
15.1 Changes to these Terms. We may change these Terms. For a change that affects your rights or costs you money we give at least 30 days' notice by email and in the app; a change required by law or for security may take effect sooner. If you do not agree, close your account before the change takes effect. The version and effective date at the top show which text applies. We keep previous versions for at least five years and send one on request to [email protected].
15.2 Notices. We notify you by email, SMS, push or in the app. You notify us at [email protected] or in the in-app chat.
15.3 Whole agreement. These Terms, the Privacy Policy and any cardholder agreement shown to you in the app are the whole agreement between you and us about the Services.
15.4 Transfer. You may not transfer your account or these Terms to anyone. We may transfer them to a company that takes over our business, with notice to you.
15.5 Severability and waiver. If a part of these Terms is invalid, the rest stays in force. If we do not enforce a right once, we may still enforce it later.
15.6 Language. These Terms are written in English. A translation is for convenience; the English text prevails.
16. Contact
ARTCLUB 88 FINANCE CORPORATION, 44322 Yale Rd, Unit 3B #277, Chilliwack, British Columbia, V2R 4H1, Canada. Support and legal notices: [email protected]. Website: https://artpay.co.