FotifyPay · Legal

Terms of Service

Version: v2.0 Last updated: 2026-05-17 Applies to: EU · UK · CA

These Terms form a binding contract between you and FotifyPay. They are written in plain English on purpose. By using the site or placing an order, you accept them.

1. The service in one paragraph

FotifyPay is a non-custodial crypto on-ramp for residents of the EU, UK and Canada. You pay in EUR, CAD or GBP through Open Banking, SEPA Instant, Interac e-Transfer, Faster Payments or card; we send Bitcoin, Ethereum or USDT directly to the wallet address you provide. We do not hold crypto on your behalf.

2. Eligibility

  • You are at least 18 years old.
  • You reside in an EU member state, the United Kingdom or Canada — and you are not a resident of a jurisdiction on the EU, UK or Canadian sanctions lists.
  • You are not on any sanctions list, including the OFAC SDN list, the UK Consolidated List or the Canadian Special Economic Measures Act lists.
  • You use the service for yourself, not as a front for another person.

3. KYC and AML

We are obliged by Regulation (EU) 2023/1114 (MiCA), Regulation (EU) 2024/1624 (AMLR), the UK Money Laundering Regulations 2017 and Canada's PCMLTFA to verify your identity, monitor transactions and report suspicious activity. We may ask for documents, sources of funds and source of wealth. We may pause or refuse an order while compliance review is in progress. See our AML / KYC policy for the operational detail.

4. Rate lock

The displayed exchange rate is indicative until you confirm the order. Once confirmed, the rate is locked for 15 minutes. If payment settles within that window, you receive crypto at the locked rate. If 15 minutes pass before payment settles (e.g. slow Open Banking auth), we re-quote at the new market rate — and you may cancel at no cost.

5. Fees

The total fee — including FX margin — is shown inside the price you see. Loyalty discounts apply automatically based on your lifetime volume. Network gas fees are passed through transparently and shown before you confirm.

6. Wallet address responsibility

You are responsible for the correctness of the wallet address you paste. Crypto transactions are irreversible. We screen destination addresses against the Chainalysis on-chain Sanctions Oracle and refuse OFAC-listed addresses, but we cannot reverse a transfer to an incorrect-but-clean address.

7. Refunds and cancellations

Because the underlying crypto purchase is the equivalent of a foreign-currency exchange, the standard EU 14-day distance-selling withdrawal right does not apply (Article 16(b) of Directive 2011/83/EU — financial services where price depends on market fluctuation). However: if your payment fails, your funds never debit. If a payment settles after the rate-lock window, you can cancel and we refund in full to the originating account.

8. Prohibited use

You will not use the service to: (a) launder proceeds of crime; (b) evade sanctions; (c) finance terrorism or weapons proliferation; (d) buy crypto for an undisclosed third party; (e) abuse our affiliate program with fake referrals; (f) probe, scrape or stress-test our systems without written authorisation.

9. Affiliate program

Affiliates earn up to 40% of our net commission on referred customers' orders, paid weekly. Self-referral, incentivised traffic without disclosure and any practice that breaches GDPR e-marketing rules will end the affiliate relationship and forfeit unpaid earnings. Full program rules ship with the dashboard.

10. Liability

FotifyPay's liability for direct loss is capped at the lower of (i) the fees you paid us in the 12 months before the event giving rise to the claim, and (ii) €5,000. We are not liable for indirect or consequential loss, lost profits or loss of opportunity. Nothing in these Terms excludes liability that cannot be excluded by law — including liability for death or personal injury caused by negligence, fraud, and (for UK consumers) the implied terms of the Consumer Rights Act 2015.

11. Governing law and forum

These Terms are governed by Irish law for EU customers, English law for UK customers and the laws of the Province of Ontario for Canadian customers. EU consumers retain the right to bring proceedings in their country of residence under Regulation (EU) 1215/2012 (Brussels I bis). UK consumers retain the protections of the Consumer Rights Act 2015.

12. Dispute resolution

Talk to us first: legal@fotifypay.com. Unresolved disputes can be referred to the EU's Online Dispute Resolution platform at ec.europa.eu/consumers/odr, the UK Financial Ombudsman Service (where applicable), or the Ombudsman for Banking Services and Investments in Canada.

13. Changes

We may update these Terms. Material changes get 30 days' notice by email. Continued use after the effective date is acceptance. If you do not accept, close your account.