Terms of Service

• BINARYLORE PTE. LIMITED
• Country - Singapore
• Company registration number - 202402562G
• Registration address - 13 Keppel Bay Drive, #01-25, Corals at Keppel Bay, Singapore (098018)
• ZIP/Postal Code - 098018
• E-mail: admin@shadowpay.com

Shadowpay

Use of the Site and the Service

The information contained on this Site is provided on an “as is” basis, without any knowledge as to your specific circumstances. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons, and there may also be delays, omissions, or inaccuracies in information contained on the Site. The information on the Site does not constitute the rendering of legal, accounting, tax or other such professional advice. No part of the Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Shadowpay authorizes you to view, copy, download, and print Shadowpay documents available on this web site, provided that you use the documents solely for noncommercial, informational purposes, that you not modify the documents, and that you not remove copyright, trademark, and other proprietary notices. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except as expressly permitted by these Terms or with the prior written permission of Shadowpay.

In order to proceed the payment transaction, the Seller transfers to the Platform the title for the ordered product and the Platform acts as the merchant of record for the Buyer in respect of the transaction process. In order to proceed the transaction, the Platform takes responsibility for the ordered product and for the transaction processing. The Platform contacts the Buyer in respect of the transaction process, fulfils the ordered product and handles eventual disputes regarding the ordered product. The Platform deposits the transaction, receives the settlement from the payment institution and contacts the payment institution on behalf of the Seller. After the payment is processed successfully, the ordered product is provided to the Buyer through the Platform. The Buyer’s bank account will be charged with the reference to the Seller and the Platform.

Information that Shadowpay publishes on this Site may contain references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Shadowpay intends to announce or make available such products or services to the general public, or in your country.

You need a supported Web browser to access the Site and to use the Service. You acknowledge and agree that Shadowpay may cease to support a given Web browser and that your continuous use of the Service will require you to download a supported Web browser. You also acknowledge and agree that the performance of the Service is incumbent on the performance of your computer equipment and your Internet connection.

Definitions

Account – an account kept on the Site for a User, enabling the User to use the services offered through the Site and benefit from its full functionality. consumer – means any User, who is a natural person and who acts in these Terms and Conditions for purposes, which are outside his/her trade, business, craft or profession.

Corporate Customer – any User, which is legal entity or their representative buying a Product from a Seller or Selling User by using any of the Site’s functionalities, notwithstanding whether any corresponding Service Agreement with Shadowpay.com was entered into or not.

Electronic services - performance of the service provided without the simultaneous presence of the parties (at a distance), through the transmission of data at the individual request of the recipient, sent and received by means of electronic processing devices, including digital compression, and data storage, which is entirely transmitted, received or transmitted via telecommunications network.

Privacy and Cookies Policy – a set of rules regulating the processing of personal data and privacy protection policies applied against Users by Shadowpay.com.

Privacy and Cookies Policy constitutes a separate document.

Seller – an entrepreneur operating in any form who sells its goods or services, including digital content to Users via the Site. The Seller may also purchase digital items from other Sellers via the Site.

Selling User – a natural person, who is not an entrepreneur, selling via the Site and being the owner of digital items.

Service Agreement – a corresponding agreement between Shadowpay.com and a Corporate Customer, with the terms as stipulated therein.

Site – a website made available on the Internet from the address: Shadowpay.com Terms and Conditions – these terms and conditions, including attachments, encompassing a set of rules regulating the use of the Site and rights and obligations of Users, Sellers and Shadowpay.com.

User – any person, including Corporate Customer, buying a Product from a Seller or Selling User by using any of the Site’s functionalities and/or who has registered on the Site.

All provisions of these Terms and Conditions concerning the User apply also to the Selling User, whereas all provisions concerning the Selling User apply only to the Selling User. The User may (but does not have to) possess the status of the Selling User at the same time. Every Selling User possesses the status of the User at the same time.

a. Obligations of Shadowpay.com

a.1. Under the condition of meeting the requirements specified in these Terms and Conditions by the Seller and the Selling User, Shadowpay.com shall provide Selling User and Seller with the opportunity to sell the product on the Site.

a.2. Unless otherwise provided by Shadowpay.com, the Seller and the Selling User may only sell on the Site products in the digital form.

a.3. The Seller or the Selling User determines the price of products which he/she intends to sell on the Site. Shadowpay.com collects its commission or other possible fees (if such are due) from the amount of such price. The Users and the Sellers acknowledge and accept the fact that Shadowpay.com may, as part of Additional Provisions mentioned above, set with a given Selling User or Seller commissions and fees being other from those defined in these Terms and Conditions including possible attachments.

a.4. By enabling the product by the Seller or the Selling User on the Site it is deemed Shadowpay.com to present the product on the Site as an invitation to enter into agreement by Users willing to purchase the product at a price determined by this Seller or Selling User. As such it does not constitute a sales offer within the meaning of the civil law. Provided that no User (or other Seller) has expressed the will to enter into agreement of buying the product, the Seller or the Selling User may change the product’s price. In case of the price change, provisions defined in a.3 above are directly applied. The Seller and the Selling User acknowledge and accept that the product prices and descriptions are made public and are available for all Users of the Site.

a.5. If the User (or the Seller making a purchase) expresses the will to buy a product, he/she acknowledges that the Seller or the Selling User may be entitled to withdraw from concluding a contract of selling the product according to delivery and payment authorization preferences chosen by the Seller/Selling User.

a.6. Moreover, the Parties mutually agree that their due payments made by the Users (or Sellers if they have purchased goods from other Sellers) may be paid by these Users (or Sellers) by means of a chosen payment channel (e.g. Visa, Mastercard etc, or others available on the website checkout). For the avoidance of doubt, the Users are obliged to make the payments solely via methods offered on the Shadowpay.com. From the funds collected on its account, Shadowpay.com deducts its due commissions and fees indicated in these Terms and Conditions from the Seller and the Selling User, by making deductions from the funds, whereas the remaining part shall be transferred to the Seller’s or the Selling User’s private account.

a.7. The commission paid by the Seller or the Selling User to Shadowpay.com is non-returnable, in particular in a situation when the payment, which shall be settled in relation to these Terms and Conditions, made by the User (or other Seller) for products or services purchased from the Seller or the Selling User, would have to be returned by the Seller or the Selling User to the User (or other Seller) (e.g. as a result of the User’s complaint caused by faults of the products or services provided by the Seller or the Selling User). Due to the commission being non-returnable, the Seller and the Selling User are not entitled to claim any compensation from Shadowpay.com and Shadowpay.com may retain the sums of back commissions, contractual penalties and compensations costs which the Seller or the Selling User shall cover.

a.8. Notwithstanding provisions stipulated in point a.7 above, Shadowpay.com enables Users and Sellers with resolution mechanisms – via support functionality available on the Site – in order to clarify the reasons for demanding refund by the User. Depending on the conclusions of such resolution, the funds shall be returned by the Seller or the Selling User (including transfer of the funds from the Shadowpay.com account to the User, instead of the Seller’s or the Selling User’s bank account) or shall not be returned to the User, who may vindicate his claims against the Seller or the Selling User at court or in any other way.

a.9. Notwithstanding the above, Shadowpay.com is not entitled to dispose of and manage the funds transferred by the Users/Sellers/Corporate Customer in relation to purchases of products or services from the Seller or the Selling User except as otherwise is agreed in the Service Agreement between the Corporate Customer and Shadowpay.

a.10. The Seller and/or the Selling User give Shadowpay.com their consent to prepare descriptions of products put on sale on the Site – basing on the information provided by the Seller or the Selling User. The Seller and the Selling User are obliged to provide reliable and complete information needed to prepare the product descriptions, in compliance with real product features such as quality, producer or brand. Shadowpay.com is obliged to prepare reliable product descriptions, corresponding to the product’s content. The product descriptions are available for every product under the tab “product details”. However, Shadowpay.com assumes no responsibility for the compliance of the product description with its content, in a situation when the Seller or the Selling User misinforms Shadowpay.com regarding the product, its access to a given gaming platform, etc. The Seller and the Selling User hereby entitle Shadowpay.com to use the information defined here and provided by them free of charge, to prepare descriptions of products being sold, including modifications, alterations, translation of this content into other languages, etc.

a.11. Shadowpay.com shall provide the Users and the Sellers with technical support in case of encountering problems with the functionality of the Site or Account.

a.12. Shadowpay.com is entitled to make the refund in any currency at its own discretion. Shadowpay.com reserves the right to refuse to issue a replacement or refund if in Shadowpay.com sole discretion Shadowpay.com detects that a User has engaged in fraud, deception or abuse of the Shadowpay.com. Moreover, in the event that Shadowpay.com detects a User has engaged in fraud, deceit or abuse after the issuance of a refund Shadowpay.com reserves the right to reverse any refund already issued including withdrawal of any funds in said User’s Account.

a.13. Shadowpay.com is entitled to delete any inactive Account of the Seller and/or the Selling User if such Account remains inactive (i.e. no activities in the Account are held) for a period that exceeds 2 (two) calendar years from the moment of the latest activity on such Account with no compensation of remaining funds.

a.14. Shadowpay has no obligation to prepare and submit invoices or any other financial documents on behalf of the Seller.

a.15. Shadowpay may provide an invoice for the topped up amounts for the User upon User’s request. If a User needs to receive an invoice, the User must contact Shadowpay with a special request to provide an invoice on the ground of these Terms of Service. Such request may be executed via support channel.

a.16. Any data to be indicated in such documents, as stipulated in points a.14-15 shall be confirmed appropriately by the User along with the request. Any additional information may be requested by Shadowpay.com.

b. Service Fees

Subject to point b.1 below, Shadowpay.com collects its commission or other possible fees (if such are due) from the prices determined by the Seller or the Selling User in relation to each transaction.

b.1. Joining the Site and buying items on sale through the Site is free of charge for the Users. The Users with active Accounts are charged only for the use of selected payment channels or for payments and commissions due to Shadowpay.com. The amount charged is listed on the payment selection page Shadowpay.com shall collect its commission from each sale price of a given product specified by the Seller or the Selling User. The terms and conditions for making and receiving payments and relevant charges have been provided in the Shadowpay.com Terms and Conditions. Shadowpay.com charges a fee for putting a product on sale via the Site fee will be specified inside your account and visible during the process of listing your product.

b.2. The prices specified for products or services supplied by Shadowpay.com – in accordance with point b.1 above – do not form part of these Terms and Conditions and they may be subject to change before the User purchases a particular product or service. Shadowpay.com reserves its right to temporarily suspend the Service Fees for promotional purposes or for development of new services. Such changes become effective once a temporary promotional period or new service is announced on the Site.

b.3. All fees for Shadowpay.com services are denominated in EUR, USD, GBP or PLN. If other currencies are to be applied, changes will be communicated. The User and the Seller are solely responsible for paying fees and taxes relating to his/her use of the services available on the Site on time. The User and the Seller are particularly responsible for paying due taxes, fees or other due amounts required in connection to the agreements concluded via the Site on their own. Shadowpay.com in any case is not responsible for settling above fees and taxes. If certain payment method shall fail or an invoice is overdue, Shadowpay.com reserves its right to demand payment by way of other method of payment including all possible additional costs of such method.

b.4. The User and the Seller should sign in to access and use the Site and all its functionalities.

b.5. Services (or any other functionalities incorporated into the Site) can be different for different countries or regions. No guarantee is given to the effect that a service or functionality of a certain type or reach will be available for all Users. Shadowpay.com may restrict, decline or create another level of access relating to the use of services(or any other functionality incorporated into the Site) for different individual Users.

b.6. Shadowpay.com does not authorize delivery of products sold by the Sellers or Selling Users and is not responsible for and does not authorize payments for services provided/products delivered via Site by Sellers or Selling Users. Selling Users or Sellers and Users may choose to conclude payment with various payment solutions available on the Site, such as Visa, Mastercard and others. All the payment solutions are described within the Site.

b.7. Any User (or Seller) demanding settlement through one of the payment systems agrees thereby for the payment to be made through sites covering the payment systems and states that he/she has read and accepted the terms and conditions available on such websites. To the extent permitted by law, Shadowpay.com shall not be liable against the Users (or Sellers) for any problems related to payments for which the owners of such sites are responsible, in particular for any delays in processing payments or inability to process them for technical reasons. In such case the User/Seller shall contact the applicable operator of the payment site in accordance with that site’s terms and conditions. If the payment has not been accepted due to Shadowpay.com fault, the User shall inform Shadowpay.com thereof by sending an e-mail to the support team of Shadowpay.com

b.8. Shadowpay.com processes personal data in the scope necessary to entering into and performing Service or Sale contract such as: name, surname, correspondence address, e-mail, ID card number. Specific rules including grounds, rights relating to personal data processing are included in Privacy Policy and Cookies Policy which constitute a separate document.

b.9. The User and the Seller assert that he/she shall pay for any products and services offered on the Site with use of funds coming from legal sources.

b.10. The User asserts that he/she is not a VAT taxpayer. When the User becomes or already is the VAT taxpayer, he/she is obliged to provide all the data required to issue a VAT invoice. Such an invoice may be sent to the User’s email address or delivered with other electronic means.

b.11. The Sellers/Selling Users agree and acknowledge that:

a) They are the seller and supplier of the products and this fact will also be clearly defined in their contractual arrangements with the Users as well as the relevant invoice, bill or sales receipt;

b) they will set the general terms and conditions of the sales made to the Users;

c) they will authorize the relevant charge to the Users and the delivery of the products; and

d) they are solely responsible for paying Value Added Tax - VAT or similar tax liabilities (such as Australian Goods and Services Tax - GST) in compliance with the applicable laws resulting from the sales of the products to Users made through the Site.

b.12. Shadowpay.com does not usually charge a Seller and/or a Selling User for any commission for maintenance of Accounts. However, inactive Accounts which aren't used by their corresponding the Seller and/or the Selling User still require some resources for their maintenance, therefore Shadowpay.com may charge accounts maintenance fees ("Maintenance fee") at the rate 1.00 USD (or its equivalent in the applicable currency rounded mathematically) per each account with no activity for a period exceeding 90 (ninety) calendar days from the latest operation in such account either of buying or selling a Product or using any other Site's functionalities. It is deemed to be consented by a Seller and/or a Selling User to allow Shadowpay.com to collect the Maintenance fee from the funds collected on such Account. If there are no funds on the corresponding Account Shadowpay.com may at their own discretion to delete such Account with no compensation on the following date when Maintenance fee is to be collected or any date thereafter.

Shadowpay.com is acting as a single point of contact for all queries from Users and Sellers related to the usage of the platform Shadowpay.com and can be contacted via our support team. Price limits are subject of evaluation by Shadowpay.com with general standards outlined in these terms and conditions and with more detailed information inside Users and Sellers individual accounts.

Your Responsibilities

You must be 18 or older to sell items on the Site, regardless of any consent from your parent or guardian to use the Service. As a condition to your use of the Site and Service, you agree not to: (a) impersonate or misrepresent your affiliation with any person or entity; (b) access, tamper with, or use any non-public areas of the Site and Service or Shadowpay’s computer systems; (c) attempt to probe, scan, or test the vulnerability of the Site, Service or any related system or network or breach any security or authentication measures used in connection with the Site, Service and such systems and networks; (d) attempt to decipher, decompile, disassemble, reverse engineer or otherwise investigate any of the software or components used to provide the Site or Service; (e) harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Site or Service, or otherwise; (f) provide payment information belonging to a third party; (g) use the Site or Service in an abusive way contrary to its intended use, to Shadowpay’s policies and instructions, to any obligation you owe to any third party, or to any applicable law; (h) systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; (i) make use of the Site or Service in a manner contrary to the terms and conditions under which third parties provide facilities and technology necessary for the operation of the Site and Service, such as Valve; (j) infringe third party intellectual property rights when using or accessing the Site or Service, including but not limited to in making available virtual items by using the Service; and (k) make use of, promote, link to or provide access to materials deemed by Shadowpay, at its sole discretion, to be offensive or cause harm to Shadowpay’s reputation, including, but not limited to, illegal content and pornographic content and other content deemed offensive or injurious to Shadowpay and/or the Service (such as Warez sites, IRC bots and bittorent sites).

In the event of discrepancies between the actual and intended reward, you shall not use such case until you receive notification of the elimination of such discrepancies. You also agree to notify us about such discrepancies in the reward immediately after noticing it via support. Using the Services after discovering such discrepancies and/or without notification shall be deemed as the use of the Service in an abusive way contrary to its intended use.

Steam Accounts

You agree to sign on and register for the Service through your Steam account provided by the Valve Corporation or Valve S.a.r.l. (individually and collectively, “Valve”). You are solely responsible for managing your account and password and for keeping your password confidential. You are also solely responsible for restricting access to your account. Shadowpay is not affiliated in any way with Valve and its affiliates. You agree that the terms of the steam® subscriber agreement apply to you in all respects. any warranty, right, obligation or other contractual relationship you have with respect to your steam account and valve shall remain consistent with but in addition to the terms of these terms.

Platform

In order to proceed the payment transaction, the Seller transfers to the Platform the title for the ordered product and the Platform acts as the merchant of record for the Buyer in respect of the transaction process. In order to proceed the transaction, the Platform takes responsibility for the ordered product and for the transaction processing. The Platform contacts the Buyer in respect of the transaction process, fulfils the ordered product and handles eventual disputes regarding the ordered product. The Platform deposits the transaction, receives the settlement from the payment institution and contacts the payment institution on behalf of the Seller. After the payment is processed successfully, the ordered product is provided to the Buyer through the Platform. The Buyer’s bank account will be charged with the reference to the Seller and the Platform.

Investigation and Enforcement

Shadowpay will have the right to investigate and prosecute violations of any term or provision of these Terms or your use of the Site and Service, including without limitation, possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. Shadowpay may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms or other applicable law. By accepting these terms, you waive all rights not specifically set forth herein, and agree to hold SHADOWPAY harmless from any claims resulting from any action taken by SHADOWPAY during or as a result of its investigations and from any actions taken as a consequence of investigations by either SHADOWPAY or law enforcement authorities.

Termination

Shadowpay reserves the right to suspend or end the Service at any time at its discretion and without notice. Shadowpay may also terminate your use of the Service if you are not complying with the Terms, or use the Service in a manner that would cause Shadowpay’s legal liability or disrupt use of the Service. If you wish to terminate your account, you may simply discontinue using the Service. Links to other websites

Our Site may contain links to third-party websites or services that are not owned or controlled by Shadowpay. Shadowpay has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Shadowpay will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

EULAs

You may be bound by one or more End-User License Agreements (or “EULAs”) that include additional terms set by the product supplier, rather than by Shadowpay or a payment processor. You will be bound by any EULA to which you agree.

Proprietary Rights

All rights, title, and interest in and to the Service are and will remain the exclusive property of Shadowpay and third-parties providing facilities and technology for its operation. The Site and Service are protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in these Terms, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site or Service. Shadowpay grants you the personal, non-transferable, non-exclusive, revocable and limited right to access and use the Site and Service solely for your own personal purposes as an individual consumer. This right to access confers no title or ownership in the Site or Service. Except as otherwise provided by these Terms, you may not use the Site or Service for any purpose other than your permitted access to the Site and Service, to make personal, non-commercial use of the Site and Service. Except as otherwise permitted under these Terms, or under applicable law notwithstanding these restrictions, you may not, in whole or in part, copy, photocopy, reproduce, publish, distribute, translate, reverse engineer, derive source code from, modify, disassemble, decompile, create derivative works based on, or remove any proprietary notices or labels from the Site or Service or any software accessed via the Site without the prior written consent of Shadowpay.

You are entitled to use the Service and Site solely for your own personal use, but you are not entitled to: (i) sell, grant a security interest in or transfer reproductions of the Service to other parties in any way, nor to rent, lease or license the Service to others without the prior written consent of Shadowpay; (ii) host or provide matchmaking services for the Service or emulate or redirect the communication protocols used by Shadowpay in any network feature of the Service, through protocol emulation, tunneling, modifying or adding components to the Service, use of a utility program or any other techniques now known or hereafter developed, for any purpose including, but not limited to network play over the Internet, network play utilizing commercial or non-commercial gaming networks or as part of content aggregation networks, websites or services, without the prior written consent of Shadowpay; or (iii) exploit the Service or any of its parts for any commercial purpose, except as expressly permitted elsewhere in these Terms.

Disclaimer of Warranty and Limitation of Liability

You use the site and service at your own risk, and the site and service may be terminated at any time by SHADOWPAY or third parties providing facilities and technology for its operation. SHADOWPAY does not encourage, condone or promote the commercial use of the site and service. To the fullest extent allowed by applicable law, SHADOWPAY’s warranties and remedies (if any) expressly set forth herein are exclusive and are in lieu of all other warranties, express or implied, either in fact or by operation of law, statute, custom, oral or written statements or otherwise, including, but not limited, to the implied warranties of merchantability, availability, performance, compatibility, fitness for a particular purpose, satisfactory quality, correspondence with description and non-infringement, all of which are expressly disclaimed.

To the fullest extent allowed by applicable law, in no event shall SHADOWPAY and its suppliers or licensors have any liability, whether based in contract, delict or tort (including negligence) or strict liability, for incidental, indirect, consequential, special, or punitive damages of any kind, or for loss of revenue or profits, loss of business or goodwill, loss or corruption of, or unauthorized access to, or disclosure of information or data, or loss of any unrealized savings or expected benefit, or other financial loss arising out of or in connection with the use, performance, failure, or interruption of the site and service, whether foreseeable or not, and even if SHADOWPAY had been advised of the possibility of such damages. In the event that SHADOWPAY is found liable to pay you any damages, including reimbursement of expenses like attorneys’ fees, SHADOWPAY’s total cumulative liability to you under these terms shall not exceed usd 50. The above limitations of liability will not be affected if any remedy provided herein shall fail its essential purpose.

Indemnification

You agree to defend, indemnify, and hold harmless Shadowpay, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, legal and accounting fees, arising out of or in any way connected with your access to or use of the Site or the Service.

Applicable Law; Jurisdiction

These terms and conditions are governed by and will be construed in accordance with the laws of Cyprus. Any disputes arising under or in connection with these terms and conditions shall be subject to the jurisdiction of the Cyprus courts.

General Provisions

These Terms are the entire and exclusive agreement between Shadowpay and you regarding the Service, and these Terms supersede and replace any prior agreements or understandings between Shadowpay and you regarding the Site and Service. If a particular provision of these Terms is held to be invalid by a court of competent jurisdiction, the provision shall be deemed to be severed from these Terms and shall not affect the validity of these Terms as a whole. Nothing in these Terms shall constitute a partnership or joint venture between you and Shadowpay. The failure of Shadowpay to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

Contact

If you have any concern, question or complaint regarding these Terms, please contact Shadowpay at support.shadowpay.com. Everyone pretending to be “administrator”, “moderator” or “trade bot” of Shadowpay is a scammer – we will never send you screenshots of our control panel or add you on Steam for purposes of trading your items. Date of Last Revision: September 11, 2023.

The original language of the Terms of Service is English, whilst there may be a translation thereof. If there are discrepancies between the English text and the text in the other language, the English revision shall prevail.