Acceptance of the Terms of Service
These Terms ofService (“Terms”) apply to anyaccess to, or use of, any services made available by Mandioca LLC (“Mandioca” “we,” “us,” or “our”) using the website [mandioca.global] (the “Site”) or our mobileapplications, and to any other related services provided by Mandioca, includingthe use of our trade financing and technology-driven solutions (collectively, the “Services”).
Please read the Terms of Servicecarefully before you start to use the Services. By using the Services or byclicking to accept or agree to the Terms of Service when this option is madeavailable to you, you accept and agree to be bound and abide by these Terms andour privacy policy. If you do not agree to these Terms of Service or theprivacy policy, you must not access or use the Services.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE THE EXCLUSIVE OWNER OF THEWALLET YOU PROVIDE. YOU ARE MAKING THIS TRANSACTION FOR YOURSELF AND ARE NOTBEING DIRECTED TO SEND THE FUNDS TO A THIRD PARTY’S WALLET.
Please refer to the end of these Terms for information about how and when these Termsmay be updated.
1. ELIGIBILITY
1.1. General Requirements
The Services are intended solely forusers who are 18 or older and who satisfy the criteria described in theseTerms. You represent and warrant that you: (a) are of legal age to form abinding contract; (b) have not previously been suspended or removed from usingour Services; (c) are not identified on any of the Office of Foreign AssetsControl sanctions lists; and (d) have full power and authority to agree tothese Terms.
1.2. Restricted Locations
You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where Mandioca has determined, at its discretion, top rohibit use of the Services. Mandioca may implement controls to restrict access to the Services. You will comply with this Section even if Mandioca’ methods to prevent use of the Services are not effective or can be bypassed.
2. DESCRIPTION OF SERVICES
Mandioca is a Delaware-based company and registered MSB that specializes in digital asset transaction facilitation, crypto-to-fiat conversion, and cross-border trade financing services. The company receives cryptocurrency from customers, converts it into U.S. dollars, and then wires the funds to the customer. Mandioca focuses on providing financial services, including factoring and securing international transactions, to help businesses improve their operations and succeed in global trade. By combining financial expertise with digital innovation, Mandioca aimsto be a leader in its field and supports businesses through collaborative partnerships.
3. COMPLIANCE
As a MoneyService Business (“MSB”) registered with the Financial Crimes Enforcement Network (“FinCEN”), we have certain duties to know our clients, keep records of the transactions, employ an Anti-Money Laundering (“AML”) Compliance Program, and have a dedicated Compliance Officer to monitor the transactions. We perform audits and tests of the veracity of our program and have a zero-tolerance policy when it comes to compliance. If you violate any portion of our compliance requirements, we reserve the right, at any time and for any reason, without explanation, to terminate your ability touse our services.
We collect and record certain information from our customers. Depending on the size of thetransaction and the nature of our relationship, we collect:
● YourFirst and Last Name
● SMSPhone Verification;
● Acopy of your Driver’s License or government-issued identification card;
● Ifrequired, your Social Security Number or Taxpayer Identification Number.
● Ifrequired, source of funds documentation and employment information
We leverage this information to perform OFAC and other watchlist screening of all customers and we file Currency Transaction Reports (“CTRs”)if a customer transacts over $10,000 worth of cash in a rolling 24-hour period.
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third-party databases or through other sources. Prior to your use of the Services, you must provide all information we request. You acknowledge that we will analyze and validate your identity to determine whether you qualify toper form a transaction (“VerificationProcess”). Your use of the Services may be delayed during the VerificationProcess, and we disclaim responsibility for any loss, delay or other harm relating to the delay or denial. If you do not pass the Verification Process, or if you fail to provide any of the information required to perform a transaction, you may be denied access to the Services. If you believe your access to the Services has been wrongly denied, please contact us.
3.1. Suspicious Activity Reporting. In accordance with our obligations under the Bank Secrecy Act and implementing regulations, including 31 CFR § 1022.320, Mandioca may file Suspicious ActivityReports ("SARs") with the Financial Crimes Enforcement Network("FinCEN") when activity conducted through our platform appears to involve potential money laundering, fraud, or other violations of law or regulation.
You acknowledge and agree that Mandioca is prohibited by law from notifying anyperson involved in the transaction that a SAR has been filed, or revealing thecontents of such a report. This confidentiality requirement is mandated by federal law, and any disclosure is strictly forbidden.
4. RISK DISCLOSURES; ASSUMPTION OF RISKS,RELEASE OF MANDIOCA
When buying or selling cryptocurrency, you are voluntarily choosing to engage in asophisticated and risky financial transaction. You acknowledge that you areaware of the many risks associated with using our services, including but not limited to, risks of financial loss, legal risk, or theft.
You hereby irrevocably waive, release, and discharge any and all claims, whether known orunknown to you, against Mandioca and its affiliates.
Mandioca disclaims any and all liability for the use of our Services. You represent and warrant that you have the knowledge, experience, understanding, professional advice, and information to make your evaluation of the merits and risks.
You agree that you have had whatever opportunity you deem necessary to investigate theMandioca Services, laws, rules, or regulations that may be applicable and thatyou are not relying upon any statement of law or fact made by Mandioca relating to the legality of selling cryptocurrency. The foregoing disclaimers apply tothe maximum extent permitted by law.
5. PRIVACY POLICY
Please refer toour privacy policy for information on how Mandioca collects, uses, and sharesyour information.
6. GENERAL SERVICE TERMS
6.1. Dispute Resolution
Mandioca reserves the right to resolveissues and disputes at its sole discretion. Users agree to bear the costsarising from the process of dispute resolution.
6.2. Accuracy of Information
Users must provide any informationrequired by any screen displayed within the Services. You represent and warrantthat all information you provide via the Services is accurate and complete inall respects.
6.3. Compliance with Law; Taxes
You are responsible for complying withall applicable laws related to your use of the Services, including any and allapplicable taxes. Mandioca is not responsible for determining whether taxesapply to your use of our services.
6.4. Unacceptable Use or Conduct
You will not:
● Violateany law, regulation, contract, intellectual property or other third-partyright, or commit a tort while using the Services;
● Usethe Services in any manner that could interfere with, disrupt, negativelyaffect, or inhibit other users from fully enjoying the Services, or that coulddamage, disable, overburden, or impair the functioning of the Services in anymanner;
● Useany robot, spider, crawler, scraper, or other automated means or interface notprovided by Mandioca to access the Services or to extract data;
● Useor attempt to use another user’s account without authorization;
● Introduceany malware, viruses, or other harmful material to the site;
● Developany third-party applications that interact with our Site without our priorwritten consent, or unless otherwise agreed;
● Providefalse, inaccurate, or misleading information;
6.5. Service Fees
Mandiocareserves the rights to charge service fees on users who use its services. It isat the discretion of Mandioca to adjust the service fees charged to users usingits services. Any tax is additional. Fees are non-refundable. Fees aredisclosed at the time of the transaction.
7. ELECTRONIC NOTICES
7.1. Consent to Electronic Delivery
You consent to receive electronically allcommunications, agreements, documents, receipts, notices, and disclosures(collectively, “Communications”) that Mandioca provides in connection with theServices. You should maintain copies of electronic communications by printing apaper copy or saving an electronic copy. You may also contact Mandioca at sales@mandioca.global.
7.2. Withdrawal of Consent
You may withdraw your consent to receiveelectronic Communications by sending a withdrawal notice to our Support Team byfiling a support request at [info@mandioca.global]. If you declineor withdraw consent to receive electronic Communications, Mandioca may suspendor terminate your use of the Services.
7.3. Updating Contact Information
It is your responsibility to keep youremail address and/or mobile phone number on file with Mandioca up to date sothat Mandioca can communicate with you electronically. If Mandioca sends you anelectronic Communication but you do not receive it because your email addressor mobile phone number on file is incorrect, or you are otherwise unable toreceive electronic Communications, Mandioca will be deemed to have provided theCommunication to you.
8. PROPRIETARY RIGHTS
8.1. Ownership of Services
The Services, Site and all technology,content, data and other materials used, displayed or provided or received byyou in connection with the Services or Site (“Mandioca Materials”) together with all intellectual property rightsin any of the foregoing are, as between you and Mandioca, owned by Mandioca.
These Terms of Service permit you to usethe Services for your personal, non-commercial use only. You must notreproduce, distribute, modify, create derivative works of, publicly display,publicly perform, republish, download, store or transmit any of the materialappearing on our Services. You must not access or use for any commercialpurposes any part of the Services or any materials available through theServices.
8.2. Limitations
You may use the Mandioca Materials solelyas authorized by Mandioca in connection with your use of the Services for aslong as Mandioca permits you to continue to access the Services. Withoutlimiting the foregoing: you will not (a) modify or create derivative works ofthe Site, Services or Mandioca Materials, or any portion thereof, or any dataor information received by you in connection therewith; (b) frame, display orincorporate the Site, Services or Mandioca Materials in any website or anyother work of authorship; (c) decompile, disassemble, reverse engineer orattempt to discover the source code of the Site, Services or MandiocaMaterials; or (d) otherwise use the Site, Services or Mandioca Materials forany commercial or noncommercial purpose other than their intended purposesdetermined at Mandioca’ discretion. “Mandioca”, any product or service names,logos, and other marks used on the Site or Mandioca Materials, or otherwise inconnection with the Services, are trademarks owned by Mandioca or its licensors.You may not copy, imitate or use them without Mandioca' prior written consent.
8.3. Feedback
Mandioca will own any feedback,suggestions, ideas, or other information or materials that you provide, whetherby email, posting through the Services or otherwise (“Feedback”). You hereby assign to Mandioca all right, title andinterest to Feedback together with all associated intellectual property rights.You will not be entitled to, and hereby waive any claim for, acknowledgment orcompensation based on any Feedback or any modifications made based on anyFeedback.
9. DISCLAIMER OF WARRANTIES
To the maximumextent permitted under applicable law, the site, the services, the Mandiocamaterials and any product, service or other item provided by or on behalf ofMandioca are provided on an “as is” and “as available” basis and Mandiocaexpressly disclaims, and you waive, any and all other warranties of any kind,whether express or implied, including, without limitation, implied warrantiesof merchantability, fitness for a particular purpose, title or non-infringementor warranties arising from course of performance, course of dealing or usage intrade. Without limiting the foregoing, Mandioca does not represent or warrantthat the site, the services or Mandioca materials are accurate, complete,reliable, current, error-free, or free of viruses or other harmful components.
You acknowledgethat your user data may become irretrievably lost or corrupted or temporarilyunavailable due to a variety of causes, including software failures, viruses orother harmful materials, protocol changes by third party providers, internetoutages, force majeure event or other disasters, scheduled or unscheduledmaintenance, or other causes either within or outside our control. You aresolely responsible for backing up and maintaining duplicate copies of anyinformation you store or transfer through our services.
The disclaimerof implied warranties contained herein may not apply if and to the extent it isprohibited by applicable law of the jurisdiction where you reside.
10. INDEMNIFICATION
You will defend,indemnify, and hold harmless Mandioca, its Affiliates, and their respectiveshareholders, members, directors, officers, employees, attorneys, agents, representatives,suppliers and contractors (collectively, “IndemnifiedParties”) from any claim, demand, lawsuit, action, proceeding,investigation, liability, damage, loss, cost or expense, including withoutlimitation reasonable attorneys’ fees, arising out or relating to (a) your useof, or conduct in connection with, the Services; (b) any User Content youprovide; (c) your violation of these Terms; or (d) your violation of anyapplicable law or the rights of any other person or entity. If you are obligatedto indemnify any Indemnified Party, Mandioca (or, at Mandioca’ discretion, theapplicable Indemnified Party) will have the right, in its sole discretion, tocontrol any action or proceeding and to determine whether Mandioca wishes tosettle, and if so, on what terms.
11. DISCLAIMER OF DAMAGES
In no event willMandioca, its affiliates and their respective shareholders, members, directors,officers, employees, attorneys, agents, representatives, suppliers orcontractors be liable for any incidental, indirect, special, punitive,consequential or similar damages or liabilities whatsoever (including, withoutlimitation, damages for loss of data, information, revenue, profits or otherbusiness or financial benefit) arising out of or in connection with the site,the services, the Mandioca materials, any performance or non-performance of theservices, or any other product, service or other item provided by or on behalfof Mandioca, whether under contract, statute, strict liability or other theory(including, for avoidance of doubt, any negligence of Mandioca), even ifMandioca has been advised of the possibility of such damages.
12. LIMITATION OF LIABILITY
In no event willthe liability of Mandioca, its affiliates and their respective shareholders,members, directors, officers, employees, attorneys, agents, representatives,suppliers or contractors arising out of or in connection with site, theservices, the Mandioca materials, advertisements found on the site, anyperformance or non-performance of the services, or any other product, serviceor other item provided by or on behalf of Mandioca, whether under contract,statute, strict liability or other theory (including, for avoidance of doubt,any negligence of Mandioca) exceed the amount of the fees paid by you toMandioca under this agreement in the twelve-month period immediately precedingthe event giving rise to the claim for liability.
12.1Enforcement Action Disclaimers. Mandioca LLC cannot control orreverse enforcement actions taken by U.S. authorities, including but notlimited to the Drug Enforcement Administration and the U.S. Secret Service.This includes the freezing or blacklisting of centralized stablecoins and otherdigital assets held in specific wallets. When a wallet is frozen orblacklisted, it is typically the result of decisions made by law enforcementagencies or by the issuers of specific stablecoins (e.g., USDC, USDT), who actin compliance with applicable laws and regulatory obligations. These actionsare outside our purview.
This risk is inherent in using centralizedstablecoins like USDC and USDT. These assets can be frozen or renderednon-transferable by their issuers if flagged by regulators or law enforcement,even without prior notice.
While we take all reasonable compliance steps,including KYC/AML measures and transaction screening, we cannot guarantee thatcounterparties or wallets will not be subject to investigation or enforcement.Mandioca cannot accept liability for losses arising from such freezes, as theseare outside our control.
Recommendationsfor Users:
● Only use wallets and counterparties withknown and verified histories.
● Maintain strong documentation regardingthe source and intended use of funds.
● Stay informed about evolving U.S. andinternational regulatory frameworks.
If your wallet has been impacted or you believeenforcement action may be involved, we recommend seeking independent legalcounsel and contacting the relevant authority directly. Mandioca remainsavailable to support you in navigating best practices but cannot influence orreverse asset freezes initiated by third parties.
13. DISPUTE RESOLUTION; ARBITRATION;WAIVER OF CLASS ACTION
Anydisputes, claims, or controversies arising out of or related to these Terms oryour use of the Services shall be resolved exclusively through bindingarbitration administered by JAMS in the State of Delaware, pursuant to itsrules for commercial arbitration.
To thefullest extent permitted by applicable law, you and Mandioca agree to waive theapplication of any consumer arbitration laws or rules from any jurisdiction. Byagreeing to these Terms:
Byconsenting to arbitration, both parties agree to resolve all mattersindividually, and expressly waive the right to bring or participate in anyclass or consolidated action.
14. GOVERNING LAW
Theinterpretation and enforcement of these Terms, and any dispute related to theseTerms or the Services, will be governed by and construed and enforced inaccordance with the laws of Delaware without regard to conflict of law rules orthat would cause the application of the laws of any other jurisdiction. Youagree that Mandioca may initiate a proceeding related to the enforcement orvalidity of Mandioca’ intellectual property rights in any court havingjurisdiction. You waive any objection to the venue in any such courts.
15 Use of Third-Party Providers
In providing certain services, we use licensedand registered third-party providers, including Conduit Technology, Inc., aU.S.-based financial infrastructure provider registered as a Money ServicesBusiness (MSB) with the U.S. Department of the Treasury’s Financial CrimesEnforcement Network (FinCEN) and with the Canada Department of Finance’sFinancial Transactions and Reports Analysis Centre of Canada (FINTRAC).
Without limiting the generality of theforegoing, all services that pass through or rely on Conduit Technology, Inc.are subject to Conduit’s Money Transmission Agreement, which is available at: https://conduitpay.com/terms-mta
By using our services, you acknowledge and agreeto be bound by Conduit’s Money Transmission Agreement as incorporated herein byreference. You agree that your continued use of our services constitutes yourelectronic acceptance of such terms and your consent to all applicableconditions therein.
You may not use the Services if you are located in, or a citizen or resident of any state, country, territory or other jurisdiction where your use of the Services would be illegal or otherwise violate any applicable law. You represent and warrant that you are not a citizen or resident of any such jurisdiction. You also may not use the Services if you are located in, or a citizen or resident of, any other jurisdiction where Mandioca has determined, at its discretion, top rohibit use of the Services. Mandioca may implement controls to restrict access to the Services. You will comply with this Section even if Mandioca’ methods to prevent use of the Services are not effective or can be bypassed.
2. DESCRIPTION OF SERVICES
Mandioca is a Delaware-based company and registered MSB that specializes in digital asset transaction facilitation, crypto-to-fiat conversion, and cross-border trade financing services. The company receives cryptocurrency from customers, converts it into U.S. dollars, and then wires the funds to the customer. Mandioca focuses on providing financial services, including factoring and securing international transactions, to help businesses improve their operations and succeed in global trade. By combining financial expertise with digital innovation, Mandioca aimsto be a leader in its field and supports businesses through collaborative partnerships.
3. COMPLIANCE
As a MoneyService Business (“MSB”) registered with the Financial Crimes Enforcement Network (“FinCEN”), we have certain duties to know our clients, keep records of the transactions, employ an Anti-Money Laundering (“AML”) Compliance Program, and have a dedicated Compliance Officer to monitor the transactions. We perform audits and tests of the veracity of our program and have a zero-tolerance policy when it comes to compliance. If you violate any portion of our compliance requirements, we reserve the right, at any time and for any reason, without explanation, to terminate your ability touse our services.
We collect and record certain information from our customers. Depending on the size of thetransaction and the nature of our relationship, we collect:
● YourFirst and Last Name
● SMSPhone Verification;
● Acopy of your Driver’s License or government-issued identification card;
● Ifrequired, your Social Security Number or Taxpayer Identification Number.
● Ifrequired, source of funds documentation and employment information
We leverage this information to perform OFAC and other watchlist screening of all customers and we file Currency Transaction Reports (“CTRs”)if a customer transacts over $10,000 worth of cash in a rolling 24-hour period.
You authorize us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third-party databases or through other sources. Prior to your use of the Services, you must provide all information we request. You acknowledge that we will analyze and validate your identity to determine whether you qualify toper form a transaction (“VerificationProcess”). Your use of the Services may be delayed during the VerificationProcess, and we disclaim responsibility for any loss, delay or other harm relating to the delay or denial. If you do not pass the Verification Process, or if you fail to provide any of the information required to perform a transaction, you may be denied access to the Services. If you believe your access to the Services has been wrongly denied, please contact us.
3.1. Suspicious Activity Reporting. In accordance with our obligations under the Bank Secrecy Act and implementing regulations, including 31 CFR § 1022.320, Mandioca may file Suspicious ActivityReports ("SARs") with the Financial Crimes Enforcement Network("FinCEN") when activity conducted through our platform appears to involve potential money laundering, fraud, or other violations of law or regulation.
You acknowledge and agree that Mandioca is prohibited by law from notifying anyperson involved in the transaction that a SAR has been filed, or revealing thecontents of such a report. This confidentiality requirement is mandated by federal law, and any disclosure is strictly forbidden.
4. RISK DISCLOSURES; ASSUMPTION OF RISKS,RELEASE OF MANDIOCA
When buying or selling cryptocurrency, you are voluntarily choosing to engage in asophisticated and risky financial transaction. You acknowledge that you areaware of the many risks associated with using our services, including but not limited to, risks of financial loss, legal risk, or theft.
You hereby irrevocably waive, release, and discharge any and all claims, whether known orunknown to you, against Mandioca and its affiliates.
Mandioca disclaims any and all liability for the use of our Services. You represent and warrant that you have the knowledge, experience, understanding, professional advice, and information to make your evaluation of the merits and risks.
You agree that you have had whatever opportunity you deem necessary to investigate theMandioca Services, laws, rules, or regulations that may be applicable and thatyou are not relying upon any statement of law or fact made by Mandioca relating to the legality of selling cryptocurrency. The foregoing disclaimers apply tothe maximum extent permitted by law.
5. PRIVACY POLICY
Please refer toour privacy policy for information on how Mandioca collects, uses, and sharesyour information.
6. GENERAL SERVICE TERMS
6.1. Dispute Resolution
Mandioca reserves the right to resolveissues and disputes at its sole discretion. Users agree to bear the costsarising from the process of dispute resolution.
6.2. Accuracy of Information
Users must provide any informationrequired by any screen displayed within the Services. You represent and warrantthat all information you provide via the Services is accurate and complete inall respects.
6.3. Compliance with Law; Taxes
You are responsible for complying withall applicable laws related to your use of the Services, including any and allapplicable taxes. Mandioca is not responsible for determining whether taxesapply to your use of our services.
6.4. Unacceptable Use or Conduct
You will not:
● Violateany law, regulation, contract, intellectual property or other third-partyright, or commit a tort while using the Services;
● Usethe Services in any manner that could interfere with, disrupt, negativelyaffect, or inhibit other users from fully enjoying the Services, or that coulddamage, disable, overburden, or impair the functioning of the Services in anymanner;
● Useany robot, spider, crawler, scraper, or other automated means or interface notprovided by Mandioca to access the Services or to extract data;
● Useor attempt to use another user’s account without authorization;
● Introduceany malware, viruses, or other harmful material to the site;
● Developany third-party applications that interact with our Site without our priorwritten consent, or unless otherwise agreed;
● Providefalse, inaccurate, or misleading information;
6.5. Service Fees
Mandiocareserves the rights to charge service fees on users who use its services. It isat the discretion of Mandioca to adjust the service fees charged to users usingits services. Any tax is additional. Fees are non-refundable. Fees aredisclosed at the time of the transaction.
7. ELECTRONIC NOTICES
7.1. Consent to Electronic Delivery
You consent to receive electronically allcommunications, agreements, documents, receipts, notices, and disclosures(collectively, “Communications”) that Mandioca provides in connection with theServices. You should maintain copies of electronic communications by printing apaper copy or saving an electronic copy. You may also contact Mandioca at sales@mandioca.global.
7.2. Withdrawal of Consent
You may withdraw your consent to receiveelectronic Communications by sending a withdrawal notice to our Support Team byfiling a support request at [info@mandioca.global]. If you declineor withdraw consent to receive electronic Communications, Mandioca may suspendor terminate your use of the Services.
7.3. Updating Contact Information
It is your responsibility to keep youremail address and/or mobile phone number on file with Mandioca up to date sothat Mandioca can communicate with you electronically. If Mandioca sends you anelectronic Communication but you do not receive it because your email addressor mobile phone number on file is incorrect, or you are otherwise unable toreceive electronic Communications, Mandioca will be deemed to have provided theCommunication to you.
8. PROPRIETARY RIGHTS
8.1. Ownership of Services
The Services, Site and all technology,content, data and other materials used, displayed or provided or received byyou in connection with the Services or Site (“Mandioca Materials”) together with all intellectual property rightsin any of the foregoing are, as between you and Mandioca, owned by Mandioca.
These Terms of Service permit you to usethe Services for your personal, non-commercial use only. You must notreproduce, distribute, modify, create derivative works of, publicly display,publicly perform, republish, download, store or transmit any of the materialappearing on our Services. You must not access or use for any commercialpurposes any part of the Services or any materials available through theServices.
8.2. Limitations
You may use the Mandioca Materials solelyas authorized by Mandioca in connection with your use of the Services for aslong as Mandioca permits you to continue to access the Services. Withoutlimiting the foregoing: you will not (a) modify or create derivative works ofthe Site, Services or Mandioca Materials, or any portion thereof, or any dataor information received by you in connection therewith; (b) frame, display orincorporate the Site, Services or Mandioca Materials in any website or anyother work of authorship; (c) decompile, disassemble, reverse engineer orattempt to discover the source code of the Site, Services or MandiocaMaterials; or (d) otherwise use the Site, Services or Mandioca Materials forany commercial or noncommercial purpose other than their intended purposesdetermined at Mandioca’ discretion. “Mandioca”, any product or service names,logos, and other marks used on the Site or Mandioca Materials, or otherwise inconnection with the Services, are trademarks owned by Mandioca or its licensors.You may not copy, imitate or use them without Mandioca' prior written consent.
8.3. Feedback
Mandioca will own any feedback,suggestions, ideas, or other information or materials that you provide, whetherby email, posting through the Services or otherwise (“Feedback”). You hereby assign to Mandioca all right, title andinterest to Feedback together with all associated intellectual property rights.You will not be entitled to, and hereby waive any claim for, acknowledgment orcompensation based on any Feedback or any modifications made based on anyFeedback.
9. DISCLAIMER OF WARRANTIES
To the maximumextent permitted under applicable law, the site, the services, the Mandiocamaterials and any product, service or other item provided by or on behalf ofMandioca are provided on an “as is” and “as available” basis and Mandiocaexpressly disclaims, and you waive, any and all other warranties of any kind,whether express or implied, including, without limitation, implied warrantiesof merchantability, fitness for a particular purpose, title or non-infringementor warranties arising from course of performance, course of dealing or usage intrade. Without limiting the foregoing, Mandioca does not represent or warrantthat the site, the services or Mandioca materials are accurate, complete,reliable, current, error-free, or free of viruses or other harmful components.
You acknowledgethat your user data may become irretrievably lost or corrupted or temporarilyunavailable due to a variety of causes, including software failures, viruses orother harmful materials, protocol changes by third party providers, internetoutages, force majeure event or other disasters, scheduled or unscheduledmaintenance, or other causes either within or outside our control. You aresolely responsible for backing up and maintaining duplicate copies of anyinformation you store or transfer through our services.
The disclaimerof implied warranties contained herein may not apply if and to the extent it isprohibited by applicable law of the jurisdiction where you reside.
10. INDEMNIFICATION
You will defend,indemnify, and hold harmless Mandioca, its Affiliates, and their respectiveshareholders, members, directors, officers, employees, attorneys, agents, representatives,suppliers and contractors (collectively, “IndemnifiedParties”) from any claim, demand, lawsuit, action, proceeding,investigation, liability, damage, loss, cost or expense, including withoutlimitation reasonable attorneys’ fees, arising out or relating to (a) your useof, or conduct in connection with, the Services; (b) any User Content youprovide; (c) your violation of these Terms; or (d) your violation of anyapplicable law or the rights of any other person or entity. If you are obligatedto indemnify any Indemnified Party, Mandioca (or, at Mandioca’ discretion, theapplicable Indemnified Party) will have the right, in its sole discretion, tocontrol any action or proceeding and to determine whether Mandioca wishes tosettle, and if so, on what terms.
11. DISCLAIMER OF DAMAGES
In no event willMandioca, its affiliates and their respective shareholders, members, directors,officers, employees, attorneys, agents, representatives, suppliers orcontractors be liable for any incidental, indirect, special, punitive,consequential or similar damages or liabilities whatsoever (including, withoutlimitation, damages for loss of data, information, revenue, profits or otherbusiness or financial benefit) arising out of or in connection with the site,the services, the Mandioca materials, any performance or non-performance of theservices, or any other product, service or other item provided by or on behalfof Mandioca, whether under contract, statute, strict liability or other theory(including, for avoidance of doubt, any negligence of Mandioca), even ifMandioca has been advised of the possibility of such damages.
12. LIMITATION OF LIABILITY
In no event willthe liability of Mandioca, its affiliates and their respective shareholders,members, directors, officers, employees, attorneys, agents, representatives,suppliers or contractors arising out of or in connection with site, theservices, the Mandioca materials, advertisements found on the site, anyperformance or non-performance of the services, or any other product, serviceor other item provided by or on behalf of Mandioca, whether under contract,statute, strict liability or other theory (including, for avoidance of doubt,any negligence of Mandioca) exceed the amount of the fees paid by you toMandioca under this agreement in the twelve-month period immediately precedingthe event giving rise to the claim for liability.
12.1Enforcement Action Disclaimers. Mandioca LLC cannot control orreverse enforcement actions taken by U.S. authorities, including but notlimited to the Drug Enforcement Administration and the U.S. Secret Service.This includes the freezing or blacklisting of centralized stablecoins and otherdigital assets held in specific wallets. When a wallet is frozen orblacklisted, it is typically the result of decisions made by law enforcementagencies or by the issuers of specific stablecoins (e.g., USDC, USDT), who actin compliance with applicable laws and regulatory obligations. These actionsare outside our purview.
This risk is inherent in using centralizedstablecoins like USDC and USDT. These assets can be frozen or renderednon-transferable by their issuers if flagged by regulators or law enforcement,even without prior notice.
While we take all reasonable compliance steps,including KYC/AML measures and transaction screening, we cannot guarantee thatcounterparties or wallets will not be subject to investigation or enforcement.Mandioca cannot accept liability for losses arising from such freezes, as theseare outside our control.
Recommendationsfor Users:
● Only use wallets and counterparties withknown and verified histories.
● Maintain strong documentation regardingthe source and intended use of funds.
● Stay informed about evolving U.S. andinternational regulatory frameworks.
If your wallet has been impacted or you believeenforcement action may be involved, we recommend seeking independent legalcounsel and contacting the relevant authority directly. Mandioca remainsavailable to support you in navigating best practices but cannot influence orreverse asset freezes initiated by third parties.
13. DISPUTE RESOLUTION; ARBITRATION;WAIVER OF CLASS ACTION
Anydisputes, claims, or controversies arising out of or related to these Terms oryour use of the Services shall be resolved exclusively through bindingarbitration administered by JAMS in the State of Delaware, pursuant to itsrules for commercial arbitration.
To thefullest extent permitted by applicable law, you and Mandioca agree to waive theapplication of any consumer arbitration laws or rules from any jurisdiction. Byagreeing to these Terms:
Byconsenting to arbitration, both parties agree to resolve all mattersindividually, and expressly waive the right to bring or participate in anyclass or consolidated action.
14. GOVERNING LAW
Theinterpretation and enforcement of these Terms, and any dispute related to theseTerms or the Services, will be governed by and construed and enforced inaccordance with the laws of Delaware without regard to conflict of law rules orthat would cause the application of the laws of any other jurisdiction. Youagree that Mandioca may initiate a proceeding related to the enforcement orvalidity of Mandioca’ intellectual property rights in any court havingjurisdiction. You waive any objection to the venue in any such courts.
15 Use of Third-Party Providers
In providing certain services, we use licensedand registered third-party providers, including Conduit Technology, Inc., aU.S.-based financial infrastructure provider registered as a Money ServicesBusiness (MSB) with the U.S. Department of the Treasury’s Financial CrimesEnforcement Network (FinCEN) and with the Canada Department of Finance’sFinancial Transactions and Reports Analysis Centre of Canada (FINTRAC).
Without limiting the generality of theforegoing, all services that pass through or rely on Conduit Technology, Inc.are subject to Conduit’s Money Transmission Agreement, which is available at: https://conduitpay.com/terms-mta
By using our services, you acknowledge and agreeto be bound by Conduit’s Money Transmission Agreement as incorporated herein byreference. You agree that your continued use of our services constitutes yourelectronic acceptance of such terms and your consent to all applicableconditions therein.
16. MISCELLANEOUS
16.1. Remedies
If you violate any of these Terms, Mandioca may, as it determines reasonably necessary to remedy or mitigate your violation, and restrict your use of the Services. Mandioca shall in no event be responsible or liable for any damage incurred by the user as a result of an action taken by Mandioca pursuant to this paragraph. Any right or remedy of Mandioca set forth in these Terms is in addition to, and not in lieu of, any other right or remedy whether described in these Terms, under statute, at law or in equity.
16.2. Mandioca Affiliates and Contractors
An “Affiliate” is, with respect to a legal entity, another legal entity that controls, is under common control with, or is controlled by the first legal entity. The Site and any Services may be operated or provided by Mandioca, its Affiliates, or their respective contractors. To the extent that an Affiliate of Mandioca, or contractor of Mandioca or an Affiliate of Mandioca, is operating or providing any Services, the Affiliate or contractor’s provision of such Services will be under terms identical to these Terms substituting the Affiliate or contractor’s name wherever Mandioca’ name occurs in these Terms.
16.3. Non Waiver
Mandioca’ failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof.
16.4. Severability
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
16.5. Force Majeure
Mandioca will have no responsibility or liability for any failure or delay in performance of any Services, or any loss or damage that you may incur, due to any circumstance or event beyond the control of Mandioca, including without limitation any flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction.
16.6 Assignment
You may not assign or transfer any right to use the Services or any of your rights or obligations under these Terms without prior written consent from us, including by operation of law or in connection with any change of control. Mandioca may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.
16.7. Headings
Headings of sections are for convenience only and shall not be used to limit or construe such sections.
16.8. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Sites, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16.9. Entire Agreement
These Terms constitute the entire agreement between you and Mandioca regarding your use of the Sites, superseding any prior version of these Terms between you and Mandioca with respect to the Sites. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Any questions, feedback, comments, requests for technical support and other communications relating to the Services should be directed to info@mandioca.global
Your Comments and Concerns
Any questions, feedback, comments, requests for technical support and other communications relating to the Services should be directed to info@mandioca.global
