Terms and Conditions

1. Definitions

Please read these Terms and Conditions (the "Terms") carefully before using this Website. By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, please do not access or use the Website.

These Terms apply to your use of www.portierpay.com (the "Website") and any communication between you and PortierPay.

These Terms must be read together with our Privacy Policy and Cookies Policy, which form an integral part of these Terms.

2. Information About This Website

2.1. The purpose of these Terms is to establish the conditions under which You may use the Website.

2.2. "Use" includes, but is not limited to, accessing, browsing, or interacting with the Website.

3. Eligibility

3.1. Users must be at least 18 years old to access the Website.

3.2. By using the Website, you confirm you have the legal capacity and authority to enter into binding agreements and are not restricted by applicable laws.

4. Nature of PortierPay Services (Regulatory Status)

4.1. PortierPay is not a crypto-asset service provider (CASP).

PortierPay does not provide services regulated under Regulation (EU) 2023/1114 (MiCA). PortierPay does not:

• hold, store, safeguard, manage, or access private keys or digital assets;
• receive, transmit, route, or process crypto-asset or fiat payment orders;
• provide custody, exchange, brokerage, transfer, execution, or dealing services;
• operate wallets, payment APIs, validation nodes, or transactional infrastructure;
• facilitate settlement, clearing, matching, or reconciliation of transactions;
• perform KYB/KYC/AML checks;
• provide financial, investment, or technical crypto services.

4.2. PortierPay does not provide payment services under PSD2.

PortierPay does not handle funds (fiat or crypto), initiate payments, or participate in payment flows.

4.3. PortierPay does not provide investment services under MiFID II.

Nothing on the Website constitutes investment advice, portfolio management, or investment research.

5. Role as Introducer and Commercial Agent

5.1. PortierPay acts solely as an independent introducer and commercial facilitator connecting Merchants with Licensed Partners.

5.2. PortierPay's role includes:

• identifying suitable Licensed Partners,
• facilitating commercial introductions,
• supporting early commercial conversations,
• providing general, non-binding information, including typical pricing models,
• assisting communication upon request.

5.3. These activities are commercial agency services under Directive 86/653/EEC and are not regulated financial activities.

5.4. PortierPay does not act as an agent, broker, representative, tied agent, or negotiator for regulatory purposes. PortierPay is not authorised to represent, bind, or conclude contracts on behalf of any Merchant or Licensed Partner.

5.5. PortierPay may discuss general pricing structures but does not:

• set prices on behalf of the Licensed Partner,
• approve discounts,
• negotiate binding contractual terms,
• make commercial decisions for any party.

5.6. Merchants enter into a separate agreement directly with the Licensed Partner. PortierPay is not a party to that agreement.

6. Compensation Structure

6.1. PortierPay is compensated solely by the Licensed Partner through referral, marketing, or commercial introduction fees.

6.2. Such compensation:

• does not imply participation in regulated crypto services,
• does not create an agency relationship for regulatory purposes.

7. KYB/KYC and Regulatory Compliance

7.1. Merchant KYB and customer KYC are performed exclusively by the Licensed Partner in accordance with EU AML laws, MiCA, and national regulations.

7.2. PortierPay does not collect, process, or store KYB/KYC data.

7.3. For GDPR purposes, Licensed Partners act as independent data controllers for KYB/KYC. PortierPay does not act as a data controller or processor for verification data.

7.4. Merchants remain solely responsible for their own legal, regulatory, tax, AML, and compliance obligations.

8. Security

8.1. PortierPay may monitor network traffic to maintain Website security.

8.2. Unauthorized attempts to access, disrupt, or compromise the Website are prohibited and may result in legal action.

9. Intellectual Property and Restrictions

9.1. All Website content is owned or licensed by PortierPay.

9.2. Users may not reproduce, copy, or exploit Website content without written permission.

9.3. Automated scraping, mining, or data extraction tools are strictly prohibited.

10. Limitation of Liability

10.1. The Website is provided on an "as is" and "as available" basis.

10.2. To the extent permitted by law, PortierPay is not liable for:

• indirect, incidental, consequential, or punitive damages;
• financial loss arising from crypto-asset volatility;
• performance or non-performance of Licensed Partners;
• regulatory or compliance outcomes of Merchants.

10.3. PortierPay's aggregate liability shall not exceed €100.

11. Modifications and Termination

11.1. PortierPay may update these Terms at any time.

11.2. Continued use of the Website constitutes acceptance of updated Terms.

11.3. Access may be restricted or terminated at PortierPay's discretion.

12. Governing Law and Jurisdiction

12.1. These Terms are governed by the laws of Spain.

12.2. Disputes shall be resolved through good-faith negotiation, and failing that, exclusively by the courts of Spain.

13. Miscellaneous

13.1. If any provision of these Terms is deemed invalid, the remaining provisions remain in effect.

13.2. These Terms constitute the entire agreement between You and PortierPay regarding Website use.

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