Master Terms
Modveon Terms of Service
Last updated: September 4, 2026 · Effective: September 4, 2026
- Acceptance of these Terms
- Your Contracting Entity
- Description of Services and Policies
- Eligibility
- Account Creation and Security
- Fees
- Digital Wallet and Digital Assets
- Payments and Transfers
- Civic Platform Features
- Government Official Users
- User Content
- Prohibited Conduct
- Compliance, Monitoring, and Reporting
- Account Suspension, Termination, and Wallet Closure
- Third-Party Services
- Intellectual Property Rights
- Disclaimers and Limitation of Liability
- Indemnification
- Changes to These Terms
- Governing Law and Dispute Resolution
- General Provisions
Section 1 — Acceptance of these Terms
These Terms of Service ("Terms") govern your access to and use of the Modveon platform and the Modveon-powered applications that we offer (each, an “App”), including the Modveon website (available at modveon.com) and any content, functionality, or services offered through or enabled by our websites or Apps (collectively, the “Platform”). The Platform and all applications operating on it are owned and operated by Modveon Inc., a Delaware corporation ("Modveon"), with Services provided through its operating subsidiaries identified in Section 2.
By creating a Modveon account, accessing an App, or using any part of the services provided through the Platform (collectively, the "Services"), you ("you," "your," or "User") represent that you (i) have read, understand, and agree to be bound by these Terms, the Modveon Privacy Policy, found at modveon.com/privacy, incorporated herein by reference (the "Privacy Policy"), and the applicable Country Addendum identified in Section 2 of these Terms; (ii) are of legal age to form a binding contract with us; and (iii) are not barred from using the Services under the laws of the United States, your place of residence, or any other applicable jurisdiction.
These Terms constitute a legally binding agreement. If you do not agree to or cannot abide by these Terms, you must not create an Account or use the Services.
PLEASE BE AWARE THAT SECTION US-3 OF THE UNITED STATES COUNTRY ADDENDUM, FOUND AT https://sivarapp.sv/en/terms AND INCORPORATED HEREIN BY REFERENCE, CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND MODVEON PAYMENTS. PLEASE READ SECTION US-3 CAREFULLY BECAUSE IT INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND MODVEON PAYMENTS SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION AND THAT YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY REJECT THE ARBITRATION AGREEMENT BY SENDING MODVEON PAYMENTS WRITTEN NOTICE WITHIN 45 DAYS AFTER YOU FIRST AGREE TO THESE TERMS.
Section 2 — Your Contracting Entity
The entity you are entering into this agreement with and the country-specific supplemental terms applicable to your use of the Services, if any (each, a “Country Addendum”), depend on where you are located:
(a) El Salvador. If you are located in or accessing the App from El Salvador, your agreement is with Modveon El Salvador, S.A.S. de C.V., a company organized under the laws of the Republic of El Salvador ("Modveon El Salvador," “we,” and “us”). Your use of the Services is also governed by the El Salvador Country Addendum, found at https://sivarapp.sv/es/terms and incorporated herein by reference.
(b) United States. If you are located in or accessing the App from the United States, your agreement is with Modveon Payments LLC, a Delaware limited liability company ("Modveon Payments," “we,” and “us”). Your use of the Services is also governed by the United States Country Addendum, found at https://sivarapp.sv/en/terms and incorporated herein by reference.
(c) Geographic Restrictions. The Services may be hosted and operated from locations in the United States, El Salvador, and other jurisdictions. We make no representation that the Services or other materials available through the Services are appropriate or available for use in all locations or that they comply with the laws of every jurisdiction. Access to the Services may not be legal by certain persons or in certain countries. You are responsible for compliance with all applicable local laws in your jurisdiction in connection with your use of the Service.
(d) Conflicts. If there is a conflict between these Terms and an applicable Country Addendum, the Country Addendum will control solely with respect to the Services offered or used in the applicable jurisdiction and solely to the extent of the conflict.
For purposes of these Terms, “Modveon,” “we,” “our,” and “us” refer only to the applicable Modveon contracting entity identified in this Section 2. Modveon Inc. owns the Modveon Platform but is not a party to these Terms.
Section 3 — Description of Services and Policies
The Platform is an application offering identity-verified community engagement features with digital services. The Services available through the Platform include, subject to availability in your jurisdiction, a civic platform, digital asset wallet, and payments and transfers services. We may discontinue certain features or introduce additional features over time. Our Services are further described on our website at modveon.com.
Section 4 — Eligibility
4.1 Eligibility. The Services are intended for use by adults and are not directed at individuals under 18 years of age. The Services are not intended for children under 13 years of age, and Modveon does not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will promptly delete such information. You must be at least 18 years of age to create an account or use the Services. By creating an account or using the Services, you represent and warrant that:
(a) You are at least 18 years old;
(b) All information you submit to Modveon is truthful and accurate and you will maintain the accuracy of such information; and
(c) Your use of the Services complies with applicable law.
4.2 Identity Verification. Account creation requires government-issued identity verification through the Registro Nacional de las Personas Naturales ("RNPN") in El Salvador. Each government-issued identification document corresponds to a single user account. Duplicate or shared accounts are prohibited.
4.3 United States Users — Additional Requirements. If you are accessing the App from the United States, you must be a citizen of El Salvador holding a valid Documento Único de Identidad ("DUI"). In addition to RNPN identity verification, you may be required to complete identity verification through a Know Your Customer ("KYC") process to access on-ramp and off-ramp financial features.
4.4 Jurisdictional Restrictions and Sanctions Compliance. The Services are not available to persons in jurisdictions where the Services are prohibited or restricted by applicable law. By using the Services, you further represent and warrant that:
(a) You are not located in, a national or resident of, or under the control of any jurisdiction subject to comprehensive sanctions administered by the U.S. Office of Foreign Assets Control ("OFAC"), the United Nations Security Council, or any applicable government sanctions authority;
(b) You are not named on the OFAC Specially Designated Nationals and Blocked Persons List, the U.S. Commerce Department's Entity List, or any comparable restricted party list maintained by a relevant government authority; and
(c) Your use of the Services does not violate any applicable export control or economic sanctions laws.
Section 5 — Account Creation and Security
5.1 Modveon Accounts. To use the Services, you must create a Modveon account (“Account”). By creating an Account, you agree to provide Modveon current, complete, true and accurate information and to update this information should it change. As required by applicable law, and to maintain the security of our systems, we verify your identity and retain certain information that you provide us. You agree that all information you provide to create an Account, register with the Services, or otherwise, including information provided through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. The information you provide will also be used by us to determine if you are eligible to use certain Services. You authorize us to make any inquiries, to you or to others, that we determine are reasonably necessary to validate the information that you provide to us. We reserve the right to request additional information from you to verify your identity against third-party databases or through other sources, and to require you to take steps to confirm ownership of your email address or payment methods.
5.2 Identity Verification. By registering for an Account, you authorize us to verify your identity and retrieve your profile information from the RNPN. Information retrieved from the RNPN is treated as authoritative for account creation and community assignment purposes. If your identity cannot be verified against the RNPN, access to the Services will be denied. Errors in your government identity record must be corrected directly through the applicable government authority (such as the RNPN in El Salvador). We have no ability to modify, override, or substitute government identity records and have no liability for errors related to your government identity record.
5.3 Electronic Communications Consent. By creating an Account, you consent to receive disclosures, notices, and communications from us electronically, including by App notification, email, SMS, or WhatsApp message to the contact information you have provided. Electronic disclosures satisfy any legal requirement that such disclosures be provided in writing. You may withdraw this consent by closing your Account through the Modveon App or notifying us via email at soporte@sivarapp.sv. We reserve the right to restrict or terminate your access to the Services if you withdraw your consent to receive electronic communications. By agreeing to these Terms, you represent and agree that: (i) you satisfy the minimum hardware and software requirements to receive and retain electronic communications, and (ii) your consent will remain in effect until you withdraw it as specified in this section. Notwithstanding the foregoing, we reserve the right, in our sole discretion, to communicate with you in paper form.
5.4 Contact Guidelines. By providing Modevon your mobile phone number, you consent to receive automated SMS (“SMS”) messages and multimedia messaging service ("MMS") messages from us at the mobile phone number provided. We may place calls or texts to send you one-time passcodes, transfer confirmations, and security alerts. You may also opt-in to receive automated SMS messages from us for marketing purposes. You may withdraw your consent at any time by replying “STOP” to a message you have received after which we may send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. For assistance with the messaging program, you can reply to the short code with the keyword “HELP.” Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent to you from us and to us from you.
5.5 Account Security. If you choose, or are provided with, a password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Platform or Services using your username, password, or other security information. You are responsible for maintaining the security of your device and all credentials used to access the App or Platform, and are fully responsible for all activity that occurs under your Account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your Account from a public or shared device so that others are not able to view or record your password or other personal information. We have the right to disable any Account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms.
5.6 Multiple Accounts. Each government-issued identity document corresponds to one Account. If we determine that you are using multiple Accounts, we reserve the right to suspend or terminate one or more of the Accounts or otherwise limit your use of the Services, without prior notice.
Section 6 — Fees
6.1 Fee Schedule. Some Services may require payment of fees to Modveon. Fees that apply to your use of the Services are described in the Modveon Fee Schedule available at sivarapp.sv/en/legal/fee-schedule, as updated from time to time (the “Fee Schedule”). The Fee Schedule supplements these Terms and the applicable Country Addendum. You agree to pay all fees or charges incurred by your Account in accordance with these Terms.
6.2 Billing and Payment. You agree to provide us (or our payment agent) with current, complete, true, and accurate billing information, such as your credit card or other payment system number and expiration date. You may choose to store your payment information within your Account, if elected. All such payment information will be stored in accordance with Modveon’s Privacy Policy. You represent to Modveon that you are an authorized user or an authorized user of the chosen method of payment used to pay all fees you incur plus all applicable taxes.
6.3 Taxes. You are responsible for all applicable taxes arising from your use of the Services. We may collect and remit applicable taxes on your behalf where required by law.
Section 7 — Digital Wallet and Digital Assets
7.1 Self-Custodial Architecture. The wallet that you may access through the Platform is a self-custodial digital asset wallet capable of holding stablecoins, including USD Coin ("USDC"), a U.S. dollar-denominated stablecoin issued by Circle Internet Financial, LLC ("Circle"), operating on the Base blockchain network. Wallet infrastructure is provided by Coinbase, Inc. (together with any relevant affiliates, “Coinbase”) through its Wallet-as-a-Service product ("Coinbase CDP"). By using the Services, you agree that:
(a) You own and have complete control of the stablecoins in your wallet and the wallet itself;
(b) We do not own, hold, or custody the stablecoins in your wallet.
(c) We do not have access to or control over your wallet, the private keys associated with your wallet, or any other aspect of your wallet;
(d) You are solely responsible for verifying the recipient's wallet address before authorizing a transfer;
(e) We have no ability to initiate, modify, reverse, or terminate transactions from your wallet; and
(f) We do not transmit, hold, or transfer funds on your behalf in connection with wallet-to-wallet transfers.
7.2 Private Key Responsibility. Your private key is the cryptographic credential that controls access to your wallet and its contents. You are solely responsible for the security and backup of your private key.
WARNING: IF YOU LOSE YOUR PRIVATE KEY, YOU WILL PERMANENTLY LOSE ACCESS TO ALL FUNDS IN YOUR WALLET. WE CANNOT RECOVER YOUR PRIVATE KEY OR YOUR FUNDS UNDER ANY CIRCUMSTANCES AND THERE IS NO RECOVERY MECHANISM. WE DISCLAIM ALL LIABILITY FOR ANY LOSS, CLAIM, DAMAGE, OR EXPENSE ARISING FROM OR RELATING TO YOUR LOST, COMPROMISED, OR INACCESSIBLE PRIVATE KEY OR YOUR INABILITY TO ACCESS FUNDS IN YOUR WALLET.
7.3 Nature of stablecoins. Stablecoins are digital assets designed to maintain a stable value relative to a fiat currency or other reference asset. You acknowledge and agree that stablecoins are:
(a) Not legal tender and not issued or guaranteed by any government;
(b) Not covered by the Federal Deposit Insurance Corporation ("FDIC"), the Securities Investor Protection Corporation ("SIPC"), or any equivalent deposit protection or insurance scheme; and
(c) Designed to maintain a specific value, but this peg is not guaranteed. The value of stablecoins may deviate and there is no guarantee that stablecoins can be redeemed at its intended value at any time.
7.4 Stablecoin Issuer’s Independent Authority. Stablecoins issuers maintain independent authority to blacklist, freeze, or restrict stablecoins at any wallet address at any time — including wallets accessed through the Modveon platform — without prior notice to us or to you. We have no control over the Issuer’s blacklisting decisions and accept no liability for any loss or restriction of access to stablecoins resulting from the Issuer’s exercise of this authority.
7.5 Base Blockchain Network. Transactions are processed on the Base blockchain network, a public, decentralized blockchain. Blockchain transactions are generally irreversible once confirmed on-chain. We are not responsible for delays, failures, or losses caused by blockchain network conditions, including network congestion, forks, or outages.
7.6 No Yield. We do not pay interest, yield, or any return on stablecoins held in your wallet. Any yield or return generated by stablecoins or other digital assets accrues solely to us.
7.7 Wallet Infrastructure. Wallet infrastructure is provided by a third-party provider.
7.8 Digital Asset Risks. You acknowledge and accept the risks inherent in holding and transacting in digital assets, including but not limited to: fluctuation in value; irreversibility of blockchain transactions; smart contract vulnerabilities; cybersecurity risks; and regulatory changes that may restrict or prohibit the use of digital assets in your jurisdiction. By using the wallet features of the platform, you confirm that you have read and understood the Stablecoin and Self-Custody Risk Disclosure available at sivarapp.sv/es/legal/divulgacion-de-riesgos.
Section 8 — Payments and Transfers
8.1 In-App Peer-to-Peer Transfers. You may transfer stablecoins directly to other platform users through on-blockchain transfers from your self-custodial wallet to theirs. These transfers are executed on the Base blockchain and are subject to Section 7.
8.2 Cross-Border Transfers. We facilitate cross-border transfers between supported jurisdictions in either direction (United States to El Salvador, and El Salvador to the United States). You agree that all cross-border transfers are subject to the following terms:
(a) Platform Access Fee. Cross-border transfers are subject to the Platform Access Fee set out in the Fee Schedule.
(b) Stablecoin Delivery. Recipients receive stablecoins in their platform wallet. No currency conversion is performed by us. The recipient receives the same digital asset that was sent.
(c) Finality. Cross-border transfers confirmed on the Base blockchain are generally irreversible.
(d) Self-Custodial Architecture. Because cross-border transfers are conducted between self-custodial wallets, you — and not us — control and sign each transaction. We do not transmit funds on your behalf.
(g) Error Resolution. If you believe a transfer was executed in error or without your authorization, please contact us immediately at soporte@sivarapp.sv. We will investigate and provide a written response within a reasonable timeframe. The remedies available are subject to the technical and operational limits of self-custodial blockchain transactions described in Section 7.
8.5 Transaction Limits. Transactions are subject to daily, weekly, and cumulative limits established by us, our partners, and applicable law. Such limits are available at sivarapp.sv/en/legal/fee-schedule, may be further described in the applicable Country Addendum, and may be updated from time to time.
8.6 Refused or Delayed Transactions. We reserve the right to refuse, delay, or reverse any transaction that we reasonably believe violates these Terms, applicable law, our AML/CFT policies, or that is identified by our compliance screening systems. We will not be liable for any loss arising from a refused or delayed transaction where such refusal or delay was required by law or our compliance obligations.
Section 9 — Civic Platform Features
9.1 Identity and Community Assignment. Your civic participation on the platform is tied to your verified identity. Upon account creation, you are automatically assigned to national and municipal communities based on the address in your verified government identity record. Community assignments reflect your government-verified information and cannot be manually overridden.
9.2 Community Participation. You may participate in national and municipal communities and, where eligible, create or join user-generated communities ("UGCs") at the municipal or district level. Each community may have rules established by its creator, subject to these Terms and applicable law. We may intervene in or delete any community that violates applicable law, these Terms, or government directives.
9.3 Civic Polls. You may participate in civic polls within communities for which you are eligible. Poll results are withheld from all participants until the poll closes. You will receive an in-app notification when poll results become available. We maintain records of poll participation as required by applicable law and our platform governance obligations.
9.4 Complaint Center. The in-app complaint center may allow you to submit complaints or civic reports to certain community authorities or government officials in El Salvador. Complaint routing is performed using automated AI-powered systems, subject to audit trails and human oversight. We do not guarantee any particular outcome or government response to complaints submitted through the platform.
9.5 AI-Powered Features. Certain platform features — including complaint routing, content management assistance, and community governance tools — use artificial intelligence and automated systems. Where automated systems materially affect your access to platform features, you may contact us at soporte@sivarapp.sv to request information about the basis of any automated decision.
9.6 Official Government Content. Authorized El Salvadorian government officials may post in their official capacity within designated communities. Such content represents the views of the relevant official or government body and not those of Modveon. We do not verify the accuracy or completeness of government-sourced content and accept no liability for it.
Section 10 — Government Official Users
10.1 Designation. El Salvadorian government officials may be authorized to use the Platform in an official capacity ("Official Users") through a credentialing mechanism.
10.2 Official Permissions. Official Users may access and use the Platform only within the scope of their authorized, official capacity and in compliance with these Terms and applicable law or regulations. Official Users must not:
- —use the Platform for personal, political, commercial, or unauthorized purposes;
- —access, use, post, disclose, or process any information except as necessary for their authorized official functions;
- —exceed, misuse, or attempt to circumvent any permissions, access controls, moderation tools, dashboards, or complaint routing features made available to them;
- —post or submit content that violates the Content Standards; or
- —use the Platform in a manner that would cause Modveon to violate applicable law or regulatory requirements.
10.3 Obligations of Official Users. Official Users are solely responsible for their use of the Platform. Modveon does not control, endorse, verify, or assume responsibility for any content posted, action taken, or decision made by an Official User.
10.4 Revocation. We reserve the right to revoke Official User status at any time, with notice to the relevant government authority, if Modveon determines that an Official User has violated these Terms or applicable law, or where revocation is required by appliable law, regulation, or governmental directive.
Section 11 — User Content
11.1 Ownership and License. The Services may contain message boards, forums, polls, and other interactive features allowing users to post, submit, publish, display or transmit to other users or other persons content or materials ("User Content"). By submitting User Content, you grant us and our affiliates and service providers a perpetual, worldwide, non-exclusive, royalty-free license to host, display, distribute, reproduce, use, and disclose to third parties that content for the purposes of providing, operating, and improving the Services. You represent and warrant that you own or control all rights in and to User Content and have the right to grant the license granted above to us and our affiliates and service providers.
11.2 Content Standards. User Content must comply with all applicable laws and these Terms (the “Content Standards”). User Content must not:
- —Contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- —Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- —Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- —Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
- —Be likely to deceive any person.
- —Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- —Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- —Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- —Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
11.3 No Confidentiality. Any User Content you post to the Services will be considered non-confidential and non-proprietary.
11.4 Content Review. We have the right to:
- —Remove or refuse to post any User Content for any or no reason in our sole discretion.
- —Take any action with respect to User Content that we deem necessary or appropriate in our sole discretion, including if we believe that it violates the Terms, including the Content Standards, infringes any Intellectual Property Right or other right of any person or entity, or threatens the personal safety of users of the Platform or the public.
- —Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their Intellectual Property Rights or their right to privacy.
- —Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
- —Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS MODVEON AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.
11.5 Reporting. Any user may report content believed to violate these Terms using the in-App reporting function.
Section 12 — Prohibited Conduct
12.1 Conduct. You may only use the Services for lawful purposes and in accordance with these Terms. You agree not to, directly or indirectly:
(a) Breach these Terms or any other agreement between you and Modveon;
(b) Use the Services for any illegal purposes or in violation of any applicable law, regulation, or government order;
(c) Use the Services if you are a person prohibited from doing so under Section 4.4;
(d) Attempt to gain unauthorized access to any part of the Services, our systems, or the accounts or wallets of other users;
(e) Use the Services to launder money, finance terrorism, evade sanctions, or facilitate any other financial crime;
(f) Provide false, inaccurate, or misleading information in connection with your Account or any transaction;
(g) Circumvent, disable, or interfere with security or compliance features of the Services;
(h) Upload, send, receive, or transmit malware, viruses, or other malicious code;
(i) Harass, defame, threaten, harm, or discriminate against any user, official, or third party in connection with the Services;
(j) Impersonate any person or entity, including government officials or our personnel;
(k) Systematically scrape, copy, or extract data from the Services or App without our written authorization;
(l) Use the Services for any commercial purpose not expressly authorized by us; or
(l) Engage in any transaction to evade applicable taxes or regulatory obligations.
12.2 Modveon Rights for Prohibited Conduct. Modveon reserves the right to take any of the following actions if, in our reasonable discretion, we determine that you have engaged, or may have engaged, in conduct prohibited by this Section:
(a) close or suspend your Account, temporarily or permanently suspend your use of any payment method used in connection with the Services, and/or restrict your use of the Services, in whole or in part;
(b) report a transaction and any other relevant information about you or your use of the Services to regulators, law enforcement, or other financial institutions (including without limitation Circle and Coinbase); or
(c) any other action or remedy permitted under applicable law.
If we suspend, refuse to carry out a payment instruction, and/or otherwise restrict your use of our Services, we will notify you of such action to the extent practicable and not prohibited by applicable law.
Section 13 — Compliance, Monitoring, and Reporting
13.1 AML/CFT Program. We operate an anti-money laundering (“AML”) and counter-terrorism financing (“CFT”) compliance program in accordance with applicable law. All transactions conducted through the platform are subject to monitoring by our compliance systems, including transaction monitoring and sanctions screening performed by us or our third-party service providers. By using the Services, you consent to this monitoring.
13.2 Sanctions Screening. We screen users and transactions against the OFAC Specially Designated Nationals and Blocked Persons List and other applicable government sanctions lists using automated screening tools. Transactions identified as potentially involving sanctioned persons, entities, or jurisdictions may be delayed, blocked, reported to relevant authorities, or reversed without prior notice to you.
13.3 Regulatory Reporting. We report certain transactions and suspicious activity to government authorities or our financial institution service providers in accordance with applicable law and our compliance program. This includes reports to the Financial Intelligence Unit ("UIF") in El Salvador and to the Financial Crimes Enforcement Network ("FinCEN") in the United States. By using the Services, you acknowledge these reporting obligations and consent to the submission of required reports.
13.4 Law Enforcement and Legal Process. We may disclose your information and transaction records to government authorities or law enforcement agencies in response to a valid court order, subpoena, warrant, or other lawful legal process, or where we reasonably believe disclosure is necessary to prevent imminent harm, fraud, or illegal activity. We maintain distinct processes for responding to legal process affecting our application-layer controls and for matters involving our infrastructure partners.
13.5 Information Requests. We may request additional information or documentation from you at any time to verify your identity, the source of your funds, or the purpose of any transaction. Failure to provide requested information within a reasonable timeframe may result in restriction or termination of your access to the Services.
Section 14 — Account Suspension, Termination, and Wallet Closure
14.1 Term. These Terms start at the time you accept these Terms, as set forth in Section 1 above, and shall continue in effect until terminated in accordance with these Terms.
14.2 Termination by You. You may close your Account at any time through the App settings. Before closing your Account, we strongly recommend that you export your private key (see Section 14.5) and transfer any stablecoin in your wallet to a separate wallet address.
14.3 Termination by Us. We may suspend or terminate your Account or all or part of the Services, with or without prior notice, in our sole discretion, including, if we reasonably determine that:
(a) You have violated these Terms, the Policies, or any applicable law;
(b) Your activity poses a material security, compliance, legal, or reputational risk to the Services or to us;
(c) We are required to do so by a valid court order, regulatory requirement, or government directive; or
(d) Continued operation of your account would expose us, our partners, or our users to unacceptable legal or regulatory risk.
Suspected fraudulent, abusive, or illegal activity may be referred to law enforcement authorities.
14.4 Notice. For Modveon-initiated Account closures that are not required by legal or regulatory obligation, we will endeavor to provide advance notice before your Account is closed through in App notification or to your registered email address.
14.5 What Happens When My Account is Closed. If your Account is closed, whether initiated by you or by us, you agree that:
(a) Your wallet will be permanently deactivated on the platform. You will not be able to send or receive funds on the platform after closure.
(b) The Platform will display your private key. You may import this private key into any compatible self-custodial wallet application to retain access to any stablecoin remaining in your former wallet.
(c) Following Account closure, you must store your private key in a secure location. Do not share it with anyone. If you lose your private key after it has been displayed to you, you will permanently lose access to the funds in your wallet. We cannot recover your private key.
(d) You will immediately stop using the Services.
(e) All licenses provided under these Terms shall terminate.
14.6 Regulatory Termination. We may suspend or terminate all or part of the Services immediately and without penalty if required or directed to do so by a government or regulatory authority. In such cases, our sole obligation is to provide as much advance notice as practicable under the circumstances and to assist you in accessing your private key and exporting your stablecoin through available means.
14.7 Survival. Any provision of these Terms that by its nature should survive termination or expiration will survive, including Sections 6, 7.2, 11.1, 13, 14, 15, 16, 17, 18, 19, and 21.
Section 15 — Third-Party Services
15.1 Third-Party Services. Services are provided through or in connection with third-party partners and/or service providers. We may provide information on our website about the location, availability, and hours of our service providers. This information may be subject to change, and we are not responsible for any inaccurate or incomplete information that may be posted on our website.
15.2 Third-Party Terms. The Platform and your Account may contain links to third-party websites, applications, or links to other sites and services provided by third parties. Your use of such third-party services may be subject to additional terms and conditions imposed by those third parties. Such third-party services are not under our control and we are not responsible for such services. You are responsible for reviewing any applicable third-party terms before using those services. We do not guarantee the continuous availability of any third-party service. Interruptions or changes to third-party services may temporarily or permanently affect certain platform features. We will endeavor to provide notice of material third-party service changes where practicable.
Section 16 — Intellectual Property Rights
16.1 Ownership. All Intellectual Property Rights in and to the Platform, including without limitation, with respect to its source code, architecture, databases, interfaces, design, logos, trademarks, and content, are owned by Modveon Inc. its affiliates, licensors, partners or other authorized parties, as applicable, and are protected by applicable intellectual property laws. These Terms do not transfer any ownership interest in the Platform or any of its components to you.As used herein, “Intellectual Property Rights” means, on a worldwide basis, any and all: (i) rights associated with works of authorship, including, without limitation, copyrights, moral rights and mask-works; (ii) trademarks, service marks, trade names, trade dress, symbols, logos, designs and other source identifiers; (iii) trade secret rights; (iv) patents, designs, algorithms and other industrial property rights; (v) other intellectual and industrial property rights of every kind and nature, however designated, whether arising by operation of law, contract, license or otherwise; and (vi) registrations, initial applications, renewals, extensions, continuations, divisions or reissues thereof now or hereafter in force (including, without limitation, any rights in any of the foregoing).
16.2 App License. Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to access and use the App solely for your internal, lawful purposes.
16.3 Restrictions. Except as expressly authorized in these Terms, you must not: copy, modify, distribute, sell, or create derivative works from the Platform, Services, or their content; reverse-engineer, decompile, or attempt to extract source code; or remove or alter any copyright, trademark, or proprietary notice.
16.4 Trademarks. The Modveon names and all related names, logos, product and service names, designs, and slogans are trademarks of Modveon or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
16.5 Feedback. If you provide feedback, suggestions, or ideas regarding the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without compensation or obligation to you.
Section 17 — Disclaimers and Limitation of Liability
16.1 Disclaimer of Warranties. YOUR USE OF THE PLATFORM AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENTS, AND ANY SERVICES OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MODVEON PARTIES MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM OR SERVICES. WITHOUT LIMITING THE FOREGOING, THE MODVEON PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MODVEON PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16.2 Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE MODVEON PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE MODVEON PARTIES TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF: (A) THE TOTAL PLATFORM ACCESS FEES PAID BY YOU IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) USD $50.THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY RESULTING FROM OUR FRAUD, MISREPRESENTATION, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Section 18 — Indemnification
You agree to indemnify, defend, and hold harmless the Modveon Parties from and against any and all claims, liabilities, losses, damages, judgments, awards, costs, expenses, or fees (including reasonable attorneys' fees) arising from or related to (a) your use of the Services; (b) your violation of these Terms, any third party right, or applicable law; (c) your User Content; or (d) any dispute between you and a third party arising from your use of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses. You will not settle any claim for which you are required by this section to indemnify us without our prior written consent.
As used herein, “Modveon Parties” means Modveon Inc., Modveon Payments LLC, Modveon El Salvador, S.A.S. de C.V., any other Modveon entity that provides, supports, owns, operates, or is otherwise involved in the Platform or Services, and each of their respective parents, subsidiaries, affiliates, licensors, service providers, partners, contractors, suppliers, agents, representatives, successors, and assigns, and each of their respective officers, directors, managers, employees, and personnel.
Section 19 — Changes to These Terms
We may change these Terms and any other agreement you have with us or service providers concerning any Service we make available to you, at any time in our sole discretion. If we do, we will provide notice by posting the updated Terms on the Platform and updating the “Last Updated” date above. Any changed Terms will become effective when posted and will apply prospectively to your use of our Services. We will send you advance notice of such changes by email if required by law.
Your continued use of any of the Services after the effective date of any change, of which you will have received notification as set forth herein, constitutes your acceptance of the updated Terms, if required by law. If you do not accept a change of these Terms, you must not access or use the Services or your Account.
Section 20 — Governing Law and Dispute Resolution
These Terms and your use of the Platform will be governed by and construed in accordance with the laws of Delaware, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms (not subject to alternative dispute resolution addressed in the applicable Country Addendum), will be filed only in the state and federal courts located in Delaware and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Section 21 — General Provisions
21.1 Entire Agreement. These Terms, together with the applicable Country Addendum, the Privacy Policy, and any applicable product-specific disclosures or Policies, constitute the sole and entire agreement between you and us regarding the Services and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, both written and oral.
21.2 Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision will be eliminated or limited to the minimum extent necessary such that the remaining provisions will continue in full force and effect.
21.3 No Waiver. No waiver by Modveon of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Modveon to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
21.4 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Modveon, in whole or in part, at any time without restriction or notification to you.
21.5 Force Majeure. We are not liable for any failure or delay in performing the Services, to the extent caused by circumstances beyond our reasonable control, including natural disasters, pandemics, acts of war or terrorism, governmental or regulatory actions, power or telecommunications failures, blockchain network failures, or actions or failures of third-party service providers.
21.6 Relationship of Parties. These Terms do not create a partnership, joint venture, agency, franchise, or employment relationship between you and us.
21.7 Language. These Terms are made in the English language and translations may be provided in other languages. In the event of any conflict between the English version and any translation, the English version shall prevail, except where the Country Addendum indicates otherwise.
20.8 Notice to California Residents. Pursuant to California Civil Code § 1789.3, California users of the Website are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
20.9 Electronic Signatures. You agree and consent to the use of electronic signatures for all records, notices, or other communications provided electronically (subject to your continued consent to electronic communications) and for the execution of these Terms and any other terms and conditions, agreements, or amendments thereto relating to the Services. For purposes of these Terms, “electronic signature” means any electronic sound, symbol, or process attached to, or logically associated with, a record that is executed and adopted with the intent to sign such record. You specifically agree that ticking a checkbox, typing a name, clicking a button labeled “I agree” (or with similar words), are included within the meaning of electronic signatures. You further agree that electronic signatures have the same force and effect as manual signatures.
21.10 Contact Information.
All other feedback, comments, requests for technical support, and other communications relating to the Services or these Terms should be directed to: soporte@sivarapp.sv.