Please read this Disclaimer carefully. By accessing or using the Ethena Pay website, the Ethena Pay App, or any of the Services, you acknowledge that you have read, understood, and agreed to the disclaimers and notices set out below. This Disclaimer supplements, and is incorporated by reference into, the Ethena Pay Terms of Use, the Spend Card Terms, the Privacy Policy, the Acceptable Use Policy, the User Complaint Procedure, the Pricing Page, and the Referral Program Terms. Capitalized terms used but not defined here have the meanings given to them in the Terms of Use.
1. About Ethena Pay
Ethena Pay Ltd. ("Ethena Pay," "we," "us," or "our") is a private limited company incorporated and registered in Malta with company number C 114576 and registered office at 30/1 Kenilworth, Triq Sir Augustus Bartolo, Ta' Xbiex, XBX 1093, Malta. Ethena Pay provides software and technology services that allow users to access third-party financial services and digital asset functionality through the Ethena Pay Platform and the Ethena Pay App. The Platform consists of software made available to users; Ethena Pay does not itself perform regulated banking, payment, digital asset, or custodial activity except where expressly stated in writing.
2. We Are Not a Bank, Broker, or Financial Adviser
Ethena Pay is not a bank, credit union, savings institution, broker-dealer, securities firm, investment adviser, investment manager, futures commission merchant, swap dealer, commodity trading adviser, insurance company, fiduciary, or money services business. We do not extend credit, accept deposits, accept securities for safekeeping, manage investments, or provide advice of any kind — including investment, financial, accounting, legal, regulatory, or tax advice. Nothing on the Platform, on this website, or in any communication from us should be construed as a recommendation, solicitation, or offer to buy, sell, hold, or transact in any digital asset, security, financial product, or service. You should consult your own professional advisers before making any financial, legal, or tax decisions.
3. We Do Not Custody Your Funds or Digital Assets
Ethena Pay does not hold, manage, custody, or otherwise have access to your funds, digital assets, or wallet credentials. Balances reflected through the Platform represent records of value associated with your self-custodial Ethena Pay wallet or with services provided to you by third-party custodians, financial institutions, or stablecoin issuers. You are solely responsible for the security and management of your private keys, seed phrases, wallet recovery phrases, passwords, devices, and authentication methods. Lost private keys, seed phrases, or wallet credentials cannot be recovered by Ethena Pay, and transactions submitted, signed, broadcast, confirmed, or otherwise processed through a blockchain network or third-party wallet provider cannot be reversed, cancelled, or modified by Ethena Pay.
4. The Ethena Pay Spend Card
The Ethena Pay Spend Card is issued by a card issuer under a license from the applicable card network. Other service providers might provide program management, technology, servicing, and related support functions for the Spend Card on behalf of the Issuer. The Ethena Pay Spend Card is offered only to non-U.S. persons and is not available to, and cannot be applied for or used by, any U.S. citizen, U.S. resident, or other U.S. person. Spend Card availability, features, terms, and fees vary by jurisdiction. Use of the Spend Card is subject to the Ethena Pay Spend Card Terms, the rules of the applicable card network, any additional issuer terms, and the Acceptable Use Policy.
5. Digital Asset Risk Warning
Digital assets, including stablecoins, USDe, AVAX, and other tokens accessible through the Platform, involve substantial risk and may lose all of their value. Risks include, but are not limited to:
- extreme price volatility;
liquidity risk and the possibility that markets may be temporarily or permanently unavailable;
- protocol, software, or smart-contract errors, exploits, or failures;
- loss or theft of private keys or wallet credentials;
- network congestion, validator misbehavior, consensus changes, or forks;
- stablecoin de-pegging or reserve failures;
- regulatory, legal, or tax developments that may restrict use, transfer, or value;
failure or insolvency of third-party service providers, custodians, exchanges, or blockchain networks; and
- cybersecurity, phishing, social engineering, and other security risks.
Past performance of any digital asset is not indicative of future results. You should not transact in any digital asset unless you fully understand and can bear the risk of total loss.
6. No Deposit Insurance or Investor Protection
Funds, digital assets, balances, and rewards accessed or earned through the Platform are not deposits. They are not insured or guaranteed by the U.S. Federal Deposit Insurance Corporation (FDIC), the National Credit Union Administration (NCUA), the Securities Investor Protection Corporation (SIPC), the U.K. Financial Services Compensation Scheme (FSCS), the Maltese Depositor Compensation Scheme, or any other government deposit-insurance or investor-protection scheme. The Daily Boost incentive, cashback Rewards, Referral Bonuses, and all other rewards offered through the Platform are discretionary promotional incentives and are not interest, yield, dividends, coupons, or any other return on investment. They may be reduced (including to zero), suspended, modified, or terminated at any time, as set out in the Terms of Use and the applicable reward terms.
7. Third-Party Services and Providers
The Platform integrates with services provided by third parties ("Third-Party Providers"), including without limitation: Sumsub Tech Ltd. (identity verification), Horkos, Inc. d.b.a. Privy (authentication and embedded wallets), Iron Network UAB and Moonpay USA LLC (currency on- and off-ramps), the applicable card issuer, any alternative card issuer or card program or sponsor, the applicable card network, the Avalanche, Ethereum, Polygon, Optimism, and Arbitrum blockchain networks, and the issuers of various stablecoins. Ethena Pay does not control and is not responsible for the availability, performance, security, terms, or content of any Third-Party Service. Your interactions with Third-Party Providers are governed by their respective terms and privacy policies, which you should review carefully.
8. Geographic and Eligibility Restrictions
The Services are offered only in jurisdictions where Ethena Pay has expressly authorized them to be available and only to persons who satisfy the eligibility requirements set out in the Terms of Use. The Services are not offered to, and are not intended for, any person located in, ordinarily resident in, established in, or accessing the Services from any Restricted Jurisdiction (as defined in Section 4.6 of the Terms of Use). Use of a VPN, proxy, or any other tool to obscure your geographic location for the purpose of accessing the Services from a Restricted Jurisdiction is prohibited and may result in suspension or termination of your account.
9. No Solicitation in Restricted Jurisdictions
Nothing on this website, on the Platform, or in any marketing materials made available by Ethena Pay or its affiliates constitutes an offer, solicitation, recommendation, or invitation to subscribe for, purchase, transact in, hold, or otherwise deal with any digital asset, security, financial product, payment service, or card to any person in any jurisdiction where such offer, solicitation, recommendation, or invitation is not permitted by applicable law, or to any person to whom it would be unlawful to make such offer, solicitation, recommendation, or invitation.
10. Forward-Looking Statements
This website and our communications may include forward-looking statements about our business, the Services, the Platform, or the digital asset industry. Forward-looking statements involve known and unknown risks, uncertainties, and assumptions, and actual results may differ materially. You should not place undue reliance on any forward-looking statement. We undertake no obligation to update or revise any forward-looking statement, whether as a result of new information, future events, or otherwise, except as required by applicable law.
11. Trademarks and Intellectual Property
"Ethena," "Ethena Pay," "Ethena Pay Card," "Ethena USDe," "USDe," "USDe Synthetic Dollar," and the Ethena Pay logo are trademarks of Ethena Pay Ltd. or its affiliates. "Avalanche" and "AVAX" are marks of Ava Labs, Inc. or its affiliates. All other trademarks, registered trademarks, product names, and company names or logos referenced on the Platform are the property of their respective owners. Use of any trademark on the Platform does not imply endorsement, sponsorship, or partnership unless expressly stated.
12. No Warranty; Limitation of Liability
The Services and the Platform are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Ethena Pay disclaims all warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, noninfringement, availability, accuracy, and reliability. Ethena Pay's liability is limited as set out in Article 9 of the Terms of Use. Nothing in this Disclaimer or the Terms of Use limits or excludes liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.
13. Complaints, Contact, and Updates
If you have a complaint about the Services or the Platform, please follow the User Complaint Procedure (Exhibit C to the Terms of Use) and contact us at complaints@ethenapay.co. For general support, contact support@ethenapay.co or call 1-844-ETHA-PAY. For privacy and data-protection matters, contact privacy@ethenapay.co. We may update this Disclaimer from time to time. The most current version is always available on this page; the "Last Updated" date above indicates when this Disclaimer was last revised. Your continued use of the Services following any update constitutes your acceptance of the updated Disclaimer.