Terms & Conditions

Last updated: · Effective immediately

Summary in plain English: BitBay is non-custodial software — we never hold your crypto or private keys. You don't need an account. You're responsible for checking addresses and networks before you sign. Blockchain transactions are irreversible. We provide 24/7 support and an uptime SLA for merchants.

1. Introduction

These Terms & Conditions ("Terms") govern your access to and use of the BitBay website, payment interface, checkout tools, APIs, plug-ins and related services (together, the "Services") operated by BitBay ("BitBay", "we", "us"). By connecting a wallet, initiating a transaction or otherwise using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

2. Definitions

  • Digital Asset — any cryptocurrency, stablecoin or token supported by the Services.
  • Wallet — a self-custodied software or hardware wallet controlled by you, such as MetaMask, Trust Wallet, Phantom or Ledger.
  • Merchant — a business or individual using the Services to accept payments for goods or services.
  • Network Fee — the fee paid to blockchain validators or miners to process a transaction.
  • Service Fee — the fee charged by BitBay as described in Section 6.

3. Eligibility

To use the Services you must:

  • be at least 18 years old (or the age of majority in your jurisdiction);
  • have full legal capacity to enter into these Terms;
  • not be located in, or a resident or national of, any country or territory subject to comprehensive sanctions, nor be listed on any applicable sanctions list;
  • not be prohibited from using the Services under the laws of your jurisdiction.

You are responsible for ensuring that your use of the Services complies with all laws applicable to you, including tax and foreign-exchange regulations.

4. Our services

BitBay provides a non-custodial software interface that allows you to create, sign and broadcast Digital Asset transactions from your own Wallet, and allows Merchants to generate payment links, invoices, QR codes and checkout experiences. BitBay:

  • does not take custody of, hold, or control your Digital Assets or private keys;
  • is not a bank, exchange, broker or money transmitter on your behalf;
  • cannot reverse, cancel, freeze or refund any blockchain transaction;
  • does not provide investment, financial, legal or tax advice.

Optional features such as automatic stablecoin conversion may be provided by audited smart contracts or third-party liquidity providers and are subject to additional disclosures shown at the time of use.

5. Wallet connection & account-free use

You may use the Services without creating an account. When you connect a Wallet, we receive only your public address and the network you are connected to. All transactions must be approved and signed by you within your Wallet. You are solely responsible for safeguarding your Wallet, seed phrase and private keys. BitBay will never ask for your seed phrase or private key.

Merchants may optionally provide an email address or webhook URL to receive notifications. This information is processed in accordance with our Privacy Policy.

6. Fees

  • Receiving payments: free.
  • Sending (Personal): 0.5% of the transaction amount.
  • Merchant payments: 0.8% of the payment amount.
  • Enterprise: as set out in your individual agreement.

Network Fees are determined by each blockchain, are paid to third parties, and are not controlled or received by BitBay. All applicable fees are displayed before you sign a transaction. We may change our fees with at least 30 days' notice; changes do not apply to transactions already initiated.

7. Your responsibilities

  • Verify the recipient address, Digital Asset and network before signing any transaction.
  • Ensure you have sufficient funds to cover the amount and Network Fees.
  • Keep your devices, Wallet software and browser up to date and secure.
  • Merchants are responsible for the goods and services they sell, their own refund policies, and their tax and reporting obligations.

8. Prohibited use

You agree not to use the Services for, or in connection with:

  • money laundering, terrorist financing, fraud or any other unlawful activity;
  • evading sanctions or transacting with sanctioned persons or jurisdictions;
  • the sale of illegal goods or services, or any activity that infringes third-party rights;
  • attempting to interfere with, attack, reverse-engineer or overload the Services;
  • impersonating BitBay or its staff, or phishing users.

9. AML & sanctions policy

BitBay is committed to preventing financial crime. Our Anti-Money Laundering (AML) program includes:

  • automated screening of wallet addresses against public sanctions lists and known illicit-activity databases;
  • risk-based monitoring of transaction patterns;
  • enhanced due diligence for high-volume Merchants and Enterprise customers;
  • cooperation with law enforcement where legally required.

We may block the interface from facilitating transactions involving addresses identified as high-risk. Because the Services are non-custodial, we cannot seize or freeze funds held in your Wallet.

10. 100% uptime service level agreement

BitBay targets 100% availability of its payment interface, API and checkout services, supported by multi-region infrastructure and automatic failover.

10.1 Service credits

If monthly availability of the Merchant payment API falls below 100% (excluding scheduled maintenance announced at least 72 hours in advance and events outside our control), eligible Merchants may request service credits:

  • 99.9% – <100%: 10% of that month's Service Fees
  • 99.0% – <99.9%: 25% of that month's Service Fees
  • <99.0%: 50% of that month's Service Fees

10.2 Exclusions

The SLA does not cover blockchain network congestion, outages or forks; failures of third-party wallets or RPC providers; your own systems or internet connectivity; or force majeure events. Credits must be requested within 30 days and are your sole remedy for unavailability.

11. Customer support

Support is available 24 hours a day, 7 days a week via live chat, email (support@bitbay-pay.com), Telegram and WhatsApp. Support staff can provide guidance but cannot reverse blockchain transactions or access your Wallet. Official support will never contact you first via direct message or ask for your seed phrase.

12. Intellectual property

All content, trademarks, logos, software and documentation of the Services are owned by or licensed to BitBay. We grant you a limited, revocable, non-exclusive, non-transferable licence to use the Services in accordance with these Terms. Merchants may display the BitBay name and "Pay with crypto" buttons solely to indicate acceptance of BitBay payments.

13. Disclaimers

Except as expressly stated in these Terms, the Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not control blockchain networks and make no guarantee regarding transaction confirmation times or Network Fees.

14. Limitation of liability

To the maximum extent permitted by law, BitBay will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits, data or Digital Assets, arising from your use of the Services, including losses resulting from incorrect addresses, wrong networks, compromised Wallets, or blockchain failures. Our total aggregate liability shall not exceed the Service Fees you paid to BitBay in the 12 months preceding the claim.

You agree to indemnify and hold BitBay harmless from claims arising from your breach of these Terms or misuse of the Services.

15. Risk disclosure

Using Digital Assets involves significant risk. In particular:

  • Volatility: prices can change rapidly and you may lose some or all of the value of your assets.
  • Irreversibility: blockchain transactions cannot be reversed once confirmed.
  • Technology risk: smart contracts, wallets and networks may contain bugs or be subject to attacks.
  • Regulatory risk: laws governing Digital Assets vary by country and may change.
  • Key loss: if you lose your seed phrase or private key, your funds cannot be recovered by anyone.

Only transact with amounts you can afford to lose, and seek independent professional advice if needed.

16. Privacy policy

16.1 Data we collect

  • Wallet data: public wallet address, connected network and on-chain transaction details.
  • Technical data: IP address, browser type, device information and usage logs, used for security and fraud prevention.
  • Optional data: email or webhook URLs provided by Merchants, and messages you send to support.

16.2 How we use data

We use data to provide and secure the Services, detect fraud and comply with legal obligations, deliver notifications you request, provide support, and improve the product. We do not sell your personal data.

16.3 Sharing

We share data only with service providers who help us operate the Services (e.g. hosting, analytics, blockchain infrastructure) under confidentiality obligations, or where required by law. Note that blockchain transactions are public by nature.

16.4 Retention & your rights

We retain data only as long as necessary for the purposes above or as required by law. Depending on your location (e.g. under GDPR, UK GDPR, CCPA, Kenya's Data Protection Act or Nigeria's NDPA), you may have rights to access, correct, delete or restrict processing of your data. Contact privacy@bitbay-pay.com to exercise your rights.

17. Cookie policy

We use:

  • Essential cookies / local storage to remember your preferences and keep the Services secure. These cannot be disabled.
  • Analytics cookies (only with your consent) to understand how the site is used and improve it.

You can change your choice at any time by clearing your browser's site data, which will show the cookie banner again. We do not use advertising or cross-site tracking cookies.

18. Changes to these terms

We may update these Terms from time to time. Material changes will be announced on our website at least 30 days before they take effect. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

19. Governing law & disputes

These Terms are governed by the laws of the jurisdiction in which BitBay is incorporated, without regard to conflict-of-law principles. Before filing any claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days. Unresolved disputes shall be settled by binding arbitration, except where prohibited by local consumer-protection law.

20. Contact us