These Terms of Service ("Terms") are a binding agreement between you ("you", "User") and mSamex OÜ, a company registered in Estonia ("mSamex", "we", "us", "our"), governing your access to and use of the mSamex P2P website, applications, smart-contract interfaces, APIs and related services (together, the "Platform").
1.1. By using the Platform you represent and warrant that: (a) you are at least 18 years old and have full legal capacity to enter into these Terms; (b) you are acting on your own behalf and not on behalf of an undisclosed third party; (c) you are not located in, resident of, or accessing the Platform from a jurisdiction where doing so would be unlawful or where the Platform is prohibited or restricted; (d) you are not a Restricted Person under any applicable sanctions regime; and (e) your use of the Platform complies with all laws, rules and regulations applicable to you.
1.2. You are solely responsible for determining whether your use of the Platform is legal in your jurisdiction. We make no representation that the Platform is appropriate or available for use in any particular location. Access may be limited or refused to any person, account, or jurisdiction at our discretion.
1.3. If you use the Platform on behalf of an entity, you represent that you are authorised to bind that entity, and "you" includes that entity.
3.1. The Platform is a non-custodial, peer-to-peer technology service. It provides software that lets Users discover one another, post and browse offers, communicate, and interact with the Escrow Contract. We do not operate an exchange order book on our own account, we do not buy or sell crypto-assets to or from you, and we do not set the price of any Trade.
3.2. We never take custody of your crypto-assets. Crypto-assets are held by the Escrow Contract on the blockchain and are released by the operation of its code, by the parties' own signatures, or by an arbitration decision recorded on-chain. We do not control your private keys and cannot move assets in your free (unreserved, unlocked) balance.
3.3. We never take custody of fiat currency. All fiat payments are made directly between Users through banking, card or other payment channels they choose. We are not a payment processor, money transmitter, money services business, bank, or fiat custodian, and we do not see, hold, route, or guarantee any fiat payment.
3.4. The Escrow Contract is autonomous software. Its behaviour is determined by its deployed code. You are responsible for understanding how it works before using it; resources such as our How-It-Works page and public block-explorer records are provided to assist you.
4.1. We are not a party to any Trade. Every Trade is concluded directly between a buyer and a seller. We are not a buyer, seller, broker, dealer, agent, escrow agent in the custodial sense, fiduciary, or counterparty to you or anyone else. We make no representation or warranty about any User, Trade, ad, price, or the performance, solvency, honesty or identity of any Counterparty.
4.2. No advice. Nothing on the Platform is financial, investment, legal, tax or accounting advice. We do not recommend any asset, Trade or strategy. You are solely responsible for your decisions and their consequences, including all taxes arising from your activity.
4.3. Any tools we provide (including reputation scores, risk indicators, "freeze-protection" screening, trust badges, price feeds and OCR receipt checks) are informational aids only, may be inaccurate or incomplete, and do not relieve you of the duty to perform your own due diligence on each Counterparty and Trade.
5.1. To transact you must connect a compatible crypto wallet and may create an Account. You may link multiple wallets to one Account; all linked wallets, and all activity conducted through them, are treated as belonging to the same User for reputation, standing, limits and enforcement purposes.
5.2. You are solely responsible for the security of your wallet, private keys, seed phrases, passwords, devices and credentials. We cannot recover lost keys and are not responsible for any loss arising from compromised, lost or misused credentials.
5.3. You must provide accurate, current and complete information and keep it updated. You may not create or operate an Account using false, stolen or another person's identity, nor maintain more than one Account to evade limits, bans or our enforcement actions.
5.4. You are responsible for all activity under your Account and linked wallets, whether or not authorised by you.
6.1. We operate a risk-based identity and compliance program described in our AML, KYC & Sanctions Policy. We may, at any time and at our sole discretion, require you to complete identity verification, provide additional documents or information, explain the source of your funds, or undergo enhanced due diligence — including as a condition of continued access, raising limits, withdrawing, or completing a Trade.
6.2. We may use third-party verification, screening and analytics providers to process this information. We may refuse, delay, suspend, limit or terminate access where verification is incomplete, where information appears false, or where screening returns a sanctions, fraud, or high-risk result.
6.3. You may not use the Platform if you are a Restricted Person or to facilitate activity for any Restricted Person, and you authorise us to screen, report and act as set out in the AML Policy.
7.1. A seller deposits crypto-assets into the Escrow Contract and posts an offer. When a buyer opens a Trade, the exact amount is reserved/locked on-chain for that Trade. The buyer pays the seller the agreed fiat directly, off-Platform. Upon confirmation — by the seller's release, by expiry of the relevant window, or by arbitration — the Escrow Contract releases the crypto-assets, less applicable fees.
7.2. Crypto transactions are irreversible. Once the Escrow Contract releases assets, the transaction cannot be undone by us or anyone else. You are responsible for verifying all details (amounts, addresses, payment references) before acting.
7.3. The fiat leg is entirely your responsibility. We have no visibility into and no control over any bank or card payment, and we do not and cannot guarantee that a Counterparty will pay, that a payment is genuine, that funds will not later be reversed, frozen or charged back by a third party, or that any payment method is lawful for you to use.
7.4. Each Trade is subject to time windows for payment and confirmation. Failing to act within a window may result in cancellation, release, or referral to dispute resolution as governed by the Escrow Contract and these Terms.
7.5. Network ("gas") fees are payable by Users to the blockchain and are not received by us. Blockchain availability, congestion, forks and reorganisations are outside our control.
8.1. We charge a Platform fee on completed Trades, deducted in crypto by the Escrow Contract at the time of release, plus optional fees for promoted listings and other features. Current fees and tiers are published on the Platform and may be applied per-User. Fees are non-refundable except where required by law.
8.2. We may change fees prospectively. Continued use after a change takes effect constitutes acceptance. You are responsible for all taxes, levies and charges applicable to your activity other than taxes on our net income.
You represent, warrant and covenant on an ongoing basis that: (a) all information you provide is true, accurate and complete; (b) the funds and crypto-assets you use are legally yours and derived from legitimate sources; (c) you will comply with all applicable laws, including anti-money-laundering, sanctions, tax and consumer-protection laws; (d) you will deal fairly and honestly with Counterparties; (e) you will not use the Platform for any unlawful, fraudulent or abusive purpose; and (f) you will perform your own due diligence on each Trade and Counterparty.
You must not, and must not attempt to, do any of the following (each a "Prohibited Activity"):
This list is illustrative, not exhaustive. We determine, at our discretion, whether conduct constitutes a Prohibited Activity.
11.1. We reserve the right, at our sole and absolute discretion, at any time, with or without notice and without liability to you or any third party, to take any action we consider appropriate to protect the Platform, its Users, third parties, or ourselves, or to comply with law or our policies. Such actions include, without limitation:
11.2. We may take these actions where we suspect, in our reasonable judgement, fraud, cheating, abuse, prohibited or unlawful activity, breach of these Terms, risk to the Platform or other Users, or where required by law or a competent authority — and you agree that we are not required to prove such matters to a legal standard before acting.
11.3. Because the Platform is non-custodial, our enforcement does not give us ownership of, or the ability to seize, crypto-assets in your free on-chain balance; however, you acknowledge that suspending or terminating your access may prevent you from opening new Trades, releasing or withdrawing through the Platform interface, or using Platform features, and that assets locked in an active or disputed Trade are governed by the Escrow Contract and any arbitration decision.
11.4. You waive, to the maximum extent permitted by law, any claim against us arising from any enforcement action taken in good faith, and you agree we are not liable for any loss, cost or damage resulting from such action, including any consequential trading loss or loss of opportunity.
11.5. We may preserve and retain Account and transaction records after suspension or termination as required for legal, compliance, audit, security and fraud-prevention purposes. Termination does not relieve you of obligations accrued before termination.
12.1. Disputes about a Trade are first to be resolved between the parties through the in-Trade chat and self-resolution window. If unresolved, a party may escalate the dispute to Platform arbitration as enabled by the Escrow Contract.
12.2. When acting as arbitrator, we review the evidence available to us and decide, at our discretion, how the escrowed crypto-assets should be released. Our arbitration decisions are final and binding for the purpose of releasing escrow, and we accept no liability for any arbitration decision made in good faith. We are not obligated to investigate beyond the information reasonably available to us and may decide against any party who fails to cooperate, provides false evidence, or breaches these Terms.
12.3. Arbitration of a Trade concerns only the on-chain crypto leg. We have no power over, and accept no responsibility for, the fiat leg, your bank, or any third-party payment system, and our decision does not determine any party's rights outside the Escrow Contract.
13.1. The Platform, including its software, design, text, graphics, logos, trademarks and the "mSamex" name, is owned by or licensed to us and protected by law. We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Platform for its intended purpose, subject to these Terms.
13.2. You retain ownership of Content you submit but grant us a worldwide, royalty-free licence to host, use, reproduce, display and process it as needed to operate, secure, improve and promote the Platform and to comply with law. You are responsible for your Content and warrant you have the rights to submit it.
The Platform interacts with third-party services we do not control, including blockchains, wallet providers, RPC/node providers, identity-verification and analytics vendors, and the banks and payment networks Users use for fiat. We are not responsible for the acts, omissions, availability, security or content of any third party, and your use of them may be subject to their own terms.
15.1. The Platform is provided "as is" and "as available", with all faults and without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, or that the Platform will be uninterrupted, timely, error-free, or free of harmful components.
15.2. We do not warrant the performance, honesty, identity or solvency of any User; the legality, value, or quality of any Trade; the accuracy of any price, score, indicator or receipt check; or that any smart contract, blockchain or third-party service is free of bugs, vulnerabilities or interruptions. You use the Platform, and transact, entirely at your own risk. See the Risk Disclosure.
16.1. To the maximum extent permitted by applicable law, in no event will mSamex, its affiliates, directors, officers, employees, agents, contractors or licensors be liable to you for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, data, opportunity, or crypto-assets or funds, arising out of or relating to the Platform, any Trade, any Counterparty, any enforcement action, any smart-contract or blockchain behaviour, any unavailability of the Platform, or these Terms, whether based in contract, tort, strict liability or otherwise, and whether or not we were advised of the possibility of such damages.
16.2. To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Platform or these Terms will not exceed the greater of (a) the total Platform fees actually paid by you to us in the three (3) months immediately preceding the event giving rise to the claim, or (b) one hundred euros (€100).
16.3. Without limiting the above, we are not liable for: losses caused by a Counterparty's conduct or non-payment; reversed, frozen, blocked or charged-back fiat payments; the actions of any bank, payment provider or authority; volatility or price changes; your own errors, lost keys or compromised devices; smart-contract or blockchain failures, exploits, forks or congestion; or any action we take under Section 11.
16.4. Some jurisdictions do not allow certain limitations; in such cases the limitations apply to the fullest extent permitted. Nothing in these Terms excludes liability that cannot lawfully be excluded.
You agree to defend, indemnify and hold harmless mSamex and its affiliates and their respective personnel from and against any claims, demands, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Platform; (b) any Trade or dealing with a Counterparty; (c) your Content; (d) your breach of these Terms or any law; or (e) your violation of the rights of any third party.
We are not liable for any failure or delay caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, sanctions, changes in law, labour disputes, failures of the internet, blockchains, node or RPC providers, hosting, power or telecommunications, cyber-attacks, or third-party service failures.
We may modify, suspend or discontinue the Platform or any feature, in whole or in part, at any time, with or without notice, and without liability. We may impose, change or remove limits on features and Accounts at our discretion.
We may amend these Terms at any time by posting the updated version on the Platform with a new "last updated" date. Material changes take effect when posted (or on any later stated date). Your continued use of the Platform after changes take effect constitutes your acceptance. If you do not agree, you must stop using the Platform.
21.1. These Terms and any dispute arising out of or in connection with them or the Platform are governed by the laws of the Republic of Estonia, without regard to conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods.
21.2. Subject to any mandatory consumer rights, any dispute that cannot be resolved amicably will be referred to and finally resolved by arbitration seated in Tallinn, Estonia, conducted in English under the rules of the Arbitration Court of the Estonian Chamber of Commerce and Industry, by one or more arbitrators appointed under those rules. The courts of Estonia have non-exclusive jurisdiction for any matter not subject to arbitration and for interim or injunctive relief.
21.3. To the extent permitted by law, you and we agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective or representative proceeding.
22.1. Assignment. You may not assign or transfer your rights or obligations without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition or sale of assets.
22.2. Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions remain in full force.
22.3. No waiver. Our failure to enforce any right or provision is not a waiver of it.
22.4. Entire agreement. These Terms, together with the Privacy Policy, AML Policy and Risk Disclosure, are the entire agreement between you and us regarding the Platform and supersede all prior understandings.
22.5. Notices & communications. You consent to receive communications from us electronically (via the Platform, email, Telegram, or in-app notices), which satisfy any legal requirement that communications be in writing.
22.6. Language. These Terms are drafted in English. Any translation is provided for convenience only; the English version prevails in case of conflict.
22.7. Survival. Sections that by their nature should survive termination (including 4, 9–18, 21 and 22) survive.
Questions about these Terms can be sent to legal@msamex.com. Operational support is available via the Platform and Telegram @mSamexbot.