🛣️ By accepting the Ontop Global Account Terms (the “Global Account Terms” or "Terms"), the User expressly acknowledges and agrees that such acceptance constitutes acceptance of, and agreement to be bound by, (i) the applicable Ontop Card (Visa) - Terms of Service, solely with respect to the use of the Card in connection with the Personal Account, and (ii) the applicable Ontop Reserve Terms and Conditions, solely with respect to any features or services related to the Personal Account under the Ontop Reserve offering. If the User does not agree to such terms, the User must not access or use the relevant services.
These Terms apply from the date the User accepts them (the "Effective Date") and continue until terminated as set forth herein.
Structure of the Ontop Global Account
The Ontop Global Account serves as the financial hub for global Remote Workers, operating as a technological framework composed of independent balance containers ("Account/s") accessible through a unified interface.
The Ontop Global Account operates through three distinct layers:
A. Inbound Layer (How Funds Enter)
Ontop collaborates with Regulated Institutions that directly provide specific financial services to you. These Regulated Institutions operate in compliance with applicable local financial regulations. The Regulated Institutions, through Ontop's technology, enable the available inbound methods such as payroll, direct deposits, or Ontop Pay, allowing Users to direct funds into their Ontop Global Account. Ontop does not provide these funding methods directly but acts as a facilitator. The choice of a transfer method does not determine legal custody of funds; custody depends exclusively on the Regulated Institution managing the Account where the funds are held. Not all inbound methods are available for all Accounts.
B. Storage Layer Accounts
Ontop offers users various financial products from our Regulated Institutions, accessible directly through the Ontop platform. Each product is displayed independently as a separate Account. While these balances may be shown in a consolidated view within the total wallet balance, they are not commingled and remain independent. To access each service, in some cases users must accept the specific terms and conditions or the underlying partner agreement for that Account and complete the onboarding requirements defined by Regulated Institutions when applicable.
Each Account represents a legally and operationally independent balance governed by its specific applicable terms. Balances may include:
"You" or the "User" confirm that you have read, understood, and accepted these Terms. These Terms form a binding agreement between you and Ontop Holdings Inc. ("Ontop", "we", "us"), including the Ontop Privacy Policy, and any other applicable disclaimers and platform rules (e.g., AI Use, Behavioral Analytics, Cross-Border Data Transfers, Opt-Out Rights, the Marketplace attached in the Remote Worker T&Cs as Annex A, and legal disclaimers: (i) General Disclaimer; (ii) Tax Disclaimers; (iii) Crypto Disclaimers; and (iv) Solicitation and Promotion Rule Disclaimer.
C. Utility Layer — Features & Functionalities
The ability to use funds (including payouts, Card usage, P2P transfers, bill payments, conversions, Ontop Quick, Ontop Reserve, or other functionalities) depends on the specific Account and the regulated entity providing the underlying service. Certain features or services may be restricted or unavailable based on your jurisdiction or the country associated with your account.
Not all transfer methods are available for all Accounts.
"Account" means each independent, legally and operationally separate balance container forming part of the Ontop Global Account, including the Payroll Account, the Future Fund Account, and the Personal Account. Balances across Accounts are not commingled and each Account is governed by its own applicable terms.
"AML Screening" means anti-money laundering and counter-terrorist financing screening conducted in accordance with applicable law.
"BVNK" means System Pay Services (US), Inc., together with its relevant affiliates and BVNK Service Partners, as applicable, which act as custodian and/or transmitter of funds for the Personal Account and hold the applicable license.
"Customer Due Diligence" or "CDD" means the customer due diligence and ongoing monitoring procedures applied by Ontop, BVNK, or their Service Partners.
"Digital Asset(s)" means any cryptographically secured digital representation of value recorded on a blockchain or distributed ledger, including, without limitation, the USDC stablecoin made available in the Personal Account through BVNK or its Service Partner.
"Embedded Services" means the Personal Account services provided directly by BVNK and/or a BVNK Service Partner, in respect of which Ontop provides only the Technology and Other Services that enable User access.
"Fees" means the charges applicable to specific transactions or services, as disclosed to the User through the Platform and/or the applicable Fee Schedule.
"Fiat Virtual Account" means a virtual account denominated in fiat currency, provided by BVNK or its Service Partner within the Personal Account, enabling Users to send, receive, and hold fiat funds. The regulated payment services associated with a Fiat Virtual Account are provided directly by BVNK or its Service Partner, and not by Ontop.
"Future Fund Account" means the Account governed by the Future Fund Account T&C, through which Users may voluntarily loan funds to Ontop in exchange for Rewards.
"Identity Verification" or "KYC" means the "Know Your Customer" identity verification processes applied to Users.
"Inbound Layer" means the layer through which funds enter the Ontop Global Account via available funding methods provided by Regulated Institutions through Ontop's technology.
"Ontop Global Account" or "Global Account" means the financial hub for Remote Workers, operating as a technological framework composed of independent balance containers (Accounts) accessible through a unified interface, structured across an Inbound Layer, a Storage Layer, and a Utility Layer.
"Payroll Account" means the USD-denominated Account governed by the Remote Worker T&Cs and the Payroll Account T&Cs, through which Remote Workers receive compensation.
"Personal Account" means the Digital Asset Wallet Services (USDC stablecoin) and/or Fiat Virtual Account services Powered by BVNK made available within the Ontop Global Account.
"Regulated Institution(s)" means the licensed third-party financial institutions that, through Ontop's technology, provide specific financial services (such as funding, conversion, payment, or withdrawal services) in compliance with applicable local financial regulations.
"Remote Worker" means the independent contractor or remote worker who uses Ontop's services to be connected with Clients and/or to access the Ontop Global Account.
"Service Partner" or "BVNK Service Partner" means a third party engaged by BVNK to provide all or part of the Embedded Services, depending on the applicable jurisdiction and type of service.
"Storage Layer" means the layer consisting of the independent Accounts (Payroll Account, Future Fund Account, and Personal Account) in which balances are held.
"USDC" or "Stablecoin" means the USD-referenced stablecoin made available in the Personal Account, which is a Digital Asset and not legal tender, fiat currency, or a deposit.
"User", "You" or "Your" means the individual or legal entity that has accepted these Terms and accesses the Ontop Global Account.
"Utility Layer — Features & Functionalities" means the layer enabling the use of funds (including payouts, Card usage, P2P transfers, bill payments, conversions, Ontop Quick, and Ontop Reserve), depending on the specific Account and the regulated entity providing the underlying service.
For the Payroll Account Ontop acts as payment agent. You authorize Ontop to act as your payment agent by receiving payments on your behalf. Ontop fulfills its payment obligation upon crediting funds to your Payroll Account.
Regarding the Personal Account,Powered by BVNK, Ontop is not a financial institution, bank, electronic money institution, custodian, or money transmitter and does not directly provide regulated payment services, custody services, or money transmission services. Ontop provides technology, interface, and user experience, enabling access to different services delivered by third-party providers. These third parties may or may not be subject to regulatory oversight.
For the Personal Account, Powered by BVNK, such entities may include, among others:
Each Account is independent and subject to the specific terms governing that product. Account availability is subject to user eligibility, and certain features or functionalities may be restricted depending on the specific Account.
Payroll-related balances are governed by the Remote Worker T&Cs and the Payroll Account Terms. Ontop aims to enable Remote Workers to provide services and receive their compensation payments from Clients or from Ontop. Depending on the nature of the relationship, Ontop may act as a payment agent for the Remote Worker, a contracting party, or both.
Future Fund Account balances are governed by the Future Fund Account . The Future Fund Account service is a voluntary loan arrangement through which Users may choose to temporarily loan funds to Ontop in exchange for Rewards.
3.3 The Personal Account, powered by BVNK
The Personal Account accessible through the Ontop Global Account is provided directly by BVNK, and/or a BVNK service partner (“Service Partner”), depending on the applicable jurisdiction and the type of service ("Embedded Services"). In relation to the BVNK Services provided by BVNK to Users, BVNK (or the relevant BVNK Affiliate or BVNK Service Partner, as applicable) will be the custodian and/or transmitter of funds, and is the entity holding the applicable license.
Ontop solely provides the technology, interface, and user experience that enables Users to access services provided by BVNK or its Service Partners.
BVNK (and/or a BVNK affiliate and/or a BVNK Service Partner) will enter into terms and conditions directly with the User in respect of the services provided by such entity.
Ontop is not a party to the provision of the Personal Account offered by BVNK.
Each specific service is subject to the applicable restrictions established by BVNK or its Service Partners. Those limitations might include user eligibility, limitations on Inbound Layer and Features and Functionalities.
Only BVNK or its Service Partners that enter into the applicable service shall be liable to the User for the provision of that service.
3.3.2 Available Services: The Personal Account, powered by BVNK — the Embedded Services.
Availability of specific Transfer Layer and Features and Functionalities may be restricted to selected Users authorized by BVNK or its Service Partner.
Functionalities of the Personal Account:
a. Personal Account (USDC Stablecoin)
Subject to approval by BVNK or its relevant Service Partner, selected Users may be enabled to access the Personal Account limited to the USDC stablecoin. Access to the Personal Account is restricted to Users approved by BVNK or its relevant Service Partner.
Please consider that Digital Assets:
Transfer Layer and Utility Layer, may be subject to restrictions and Users are not allowed to return funds to their Payroll Account.
Funds held in the Personal Account do not earn interest.
The Personal Account services may include:
Digital Asset Risk Disclosure
The user acknowledges and accepts the following risks applicable to Digital Asset:
b. Fiat Virtual Account Services Powered by BVNK in the Personal Account
Where enabled, users may access Fiat Virtual Account services, including:
Where a Fiat Virtual Account is provided by a BVNK Service Partner, the regulated payment services associated with such an account are provided directly by that BVNK Service Partner and not by Ontop.
Funds held in Fiat Virtual Accounts do not earn interest.
The BVNK Fiat funds are separate and different from the funds a Remote Worker might receive in the Payroll Account through Ontop.
c. Inbound Layer and Utility Layer — Features & Functionalities
Where enabled by BVNK or its Service Partner, Users may be permitted to fund their accounts through:
Outbound transactions (Utility Layer — Features & Functionalities) are subject to transactional limits established by BVNK or its Service Partner as well as limits defined and informed by Ontop.
Applicable transaction limits are made available to Users within Ontop platform and may be modified in accordance with BVNK's or BVNK Service Partner compliance, risk, and regulatory requirements.
Some payment services, including withdrawal services, will be provided by Ontop through Regulation Institution providers as stated in the Client General T&Cs and the Remote Worker General T&Cs.
Users acknowledge and agree that the Personal Account may be denominated in specific currencies as determined by BVNK or its applicable Service Partner.
Where a User initiates a conversion between currencies (including between fiat currencies and Digital Assets, or between different Digital Assets), the applicable exchange rate shall be determined at the time the transaction is processed by BVNK or its relevant Service Partner.
Exchange rates:
The User acknowledges that:
Before confirming any payment instruction, the User will be presented with transaction details including, as applicable: (i) the source wallet or account; (ii) the destination wallet address or account details; (iii) the payment amount and applicable fees; and (iv) any exchange rate or conversion applied. Digital asset transactions are irreversible. The User acknowledges and agrees that providing an incorrect or invalid account address or payment instruction will result in the permanent and irreversible loss of funds, and neither Ontop nor BVNK shall be responsible for recovering such funds. Furthermore, the User acknowledges that once funds are converted from the USD Payroll Accounts to the USDC Stablecoin in the Personal Account,, these cannot be returned or transferred back from the Personal Account to the Payroll Account. By confirming a transaction, you expressly accept all associated risks and confirm the accuracy of the information provided.
Ontop or BVNK shall have the right to set off and apply any amounts due to the User against any and all obligations owed to BVNK or to Ontop by the User.
Pursuant to the Embedded Services offering:
Ontop may be responsible for certain "Technology and Other Services", including, where applicable:
However, the custodian of funds or digital assets under the Personal Account remains the sole responsibility of BVNK or its Service Partners.
Access to the Personal Account is subject to:
The User agrees to provide accurate, complete, and up-to-date information. Ontop, BVNK or its Service Partners may conduct due diligence prior to onboarding and on an ongoing basis in accordance with applicable law under BVNK's terms and conditions in the state of Delaware.
Ontop reserves the right to modify the information required for Users to provide in order to create and/or maintain the Global Account and/or for the purposes of conducting periodic Business Verification (KYB), Identity Verification (KYC) and/or due diligence processes, from time to time and at our sole discretion. We may, from time to time, request additional tax information depending on the country of residence of the User. Ontop may share User information, including the results of background checks, with BVNK, its Service Partners, and any applicable regulatory or governmental authority, solely to the extent required for compliance with applicable law, AML Screening obligations, KYC requirements, or the performance of services under these Terms. Any such sharing shall be conducted in accordance with Ontop's Privacy Policy and data protection law.
To facilitate these services, you expressly authorize the sharing of "Protected Data" between Ontop, BVNK, and their authorized sub-processors. This data includes not only the identity documents provided during onboarding but also granular technical and transactional metadata necessary for fraud prevention and regulatory compliance. This includes, but is not limited to, IP addresses, geolocation data, device identifiers, cryptocurrency wallet IDs, and transaction hashes. Such sharing is conducted strictly for "Permitted Purposes", including the performance of the contract, risk mitigation, and fulfillment of statutory obligations.
Regarding the processing of your personal data, you acknowledge that Ontop and BVNK operate under distinct regulatory roles depending on the specific service provided. For the core technological interface and account management, Ontop acts as an independent controller. However, in providing the Personal Account Ontop acts as a Processor for BVNK. For the underlying financial custody, transmission, and conversion of digital assets or fiat virtual accounts, BVNK acts as the primary data controller.
Applicable fees, if any, will be deducted directly from the user's fiat or digital asset balance and will be disclosed no later than at the time of the respective transaction. The User remains liable for any outstanding amounts due under the BVNK or its Service Partners terms and conditions.
Ontop reserves the right to suspend, terminate, or limit your access to any service from the Payroll Account and/or the Personal Account at any time for any reason. Regarding the services provided by BVNK and BVNK's Service Partners, they may suspend or restrict some or all services in accordance with their terms and conditions, including where:
When you initiate a local currency funding transaction into your Personal Account, or a withdrawal you authorize Ontop to act as your payment agent to route, convert, and credit those funds on your behalf. Ontop does not hold or control your funds at any point during this process. You are the principal of the foreign exchange operation. Our role as payment agent extends to funds transferred from your designated local bank account or payment source through the applicable Regulated Institution and foreign exchange intermediary, for crediting into your Personal Account.
At no point during the local currency conversion and transmission process does Ontop hold, own, or control the funds in transit. From the moment you initiate a funding instruction to the moment the USDC equivalent is credited to your Personal Account, funds are held exclusively by the applicable Regulated Institutions or BVNK. Ontop does not provide foreign exchange services, payment aggregation services, or money transmission services in connection with local currency funding transactions, and shall not be deemed to do so by virtue of its payment agent and instruction-routing role.
The USDC-to-USD conversion is performed by BVNK under their own terms. The USD-to-local currency conversion and delivery are performed by Ontop's Regulated Institution providers. Ontop is not liable for delays, exchange rate differences, or losses outside of its direct control. Ontop's role in connection with local currency withdrawals is limited to receiving your instruction through the Platform, routing it to the applicable Regulated Institution provider, and reflecting the transaction status in your Personal Account. It is your responsibility to verify all payment details before initiating a withdrawal to your personal or third-party accounts to ensure accuracy and prevent errors.
By using any withdrawal method and providing payment information through the Platform, you represent and warrant that you are the owner, or authorized representative of the owner, of the bank account designated to receive the funds, and that you are legally authorized to receive payments into such account. Regulated Institution providers may report transactions periodically to the competent financial authority in your jurisdiction.
Processing Delays and Limitation of Liability.
You acknowledge and accept that withdrawal and conversion timelines may vary depending on the payment methods, Regulated Institution providers, banking partners, and jurisdictional requirements. Ontop will make commercially reasonable efforts to facilitate resolution of any identified delays but shall not be responsible for any losses, penalties, interest, exchange rate fluctuations, or additional costs arising from delays outside of Ontop's direct control, including delays attributable to BVNK's transmission of USDC funds, the Regulated Institution provider's processing times, or correspondent banking requirements in the local jurisdiction.
You Are the Principal of the Foreign Exchange Operation
By initiating a local currency transaction through the Platform, you confirm that: (a) you are the legitimate owner of the funds; (b) you are the principal of any foreign exchange operation arising from the USD-to-local currency conversion step; (c) the transaction and the destination account comply with all applicable foreign exchange, tax, and anti-money laundering regulations in your jurisdiction; and (d) you remain solely responsible for any foreign exchange reporting obligations applicable to you as the principal of the operation under the laws of your jurisdiction.
Ontop has implemented reasonable technical and organizational measures designed to prevent identity fraud and impersonation during the account opening process. These measures include, but are not limited to, identity document verification, biometric checks, liveness detection, and cross-referencing of User-provided information against third-party databases, as part of Ontop's Identity Verification and Customer Due Diligence (“CDD”) onboarding procedures.
Notwithstanding the above, the User acknowledges and agrees that:
(a) User Responsibility for Accuracy. All information and documentation submitted during account opening must correspond to the User's true and verified identity. The User represents and warrants that they are the person they claim to be and that no information provided during onboarding has been falsified, altered, or submitted on behalf of another person without proper authorization.
(b) No Guarantee of Detection. While Ontop makes reasonable efforts to detect and prevent identity fraud at onboarding, Ontop does not guarantee that all instances of impersonation or identity misuse will be identified. Ontop's verification measures are designed to meet applicable regulatory standards and do not constitute an absolute guarantee against fraud.
(c) Consequences of Identity Fraud. If Ontop determines, at any time, that an Account was opened using false, stolen, or misappropriated identity information, Ontop reserves the right to immediately suspend or permanently terminate access to the Ontop Global Account, including the Payroll Account and the Personal Account, freeze any available balance pending investigation, and report the matter to the relevant regulatory or law enforcement authorities, as required or permitted by applicable law.
(d) Limitation of Liability. To the fullest extent permitted by applicable law, Ontop shall not be liable for any losses, damages, or claims arising from the fraudulent opening of an account by a third party acting in impersonation of the User, provided that Ontop has applied its standard verification procedures at the time of onboarding. The User's sole recourse in such cases shall be to notify Ontop immediately and cooperate fully with any investigation.
(e) Ongoing Verification. Ontop reserves the right to conduct additional identity verification checks at any point during the lifecycle of the Ontop Global Account, including periodic re-verification, where required by applicable law or deemed necessary by Ontop in its reasonable discretion. Failure to complete such re-verification within the timeframe requested by Ontop may result in restricted access to the Ontop Global Account, including the Personal Account and the Payroll Account.
Where the User is a legal entity (including a corporation, partnership, limited liability company, or any other form of business organization) rather than an individual, the following additional conditions apply and constitute representations and warranties made by the User upon acceptance of these Terms and on a continuing basis throughout the duration of the agreement:
(a) Legal Existence and Authority. The User is a duly incorporated and validly existing entity under the laws of its jurisdiction of incorporation. The User has the requisite legal power, authority, and capacity to enter into and perform its obligations under these Terms. The individual accepting these Terms on behalf of the entity represents and warrants that they are duly authorized to bind the entity to these Terms.
(b) Permits and Licenses. The User holds all necessary permits, licenses, authorizations, and consents required under applicable law to operate its business and to access and use the Ontop Global Account, including the Personal Account and the Payroll Account, for its intended purposes.
(c) Lawful Business Operations. The User's business has been and will continue to be operated in full compliance with applicable laws, including those relating to anti-money laundering, counter-terrorist financing, sanctions, and financial crime prevention. The User shall not use the Ontop Global Account, including the Personal Account and the Payroll Account, in connection with any activity that is unlawful or fraudulent.
(d) Accuracy of Information. All information provided by the User to Ontop, BVNK, or their respective Service Partners — including during onboarding and on an ongoing basis — is and will remain complete, accurate, and not misleading. The User agrees to promptly update Ontop of any material changes to such information.
(e) Obligation to Notify Material Changes. The User must notify Ontop in writing without undue delay in the event of any of the following: (i) a change of control, registered name, registered address, or jurisdiction of incorporation; (ii) a change in directors, beneficial owners, or authorized signatories; or (iii) a material change to the User's business activities, financial position, or risk profile. Failure to notify Ontop of such changes may result in suspension or termination of access to the Ontop Global Account, including the Personal Account and the Payroll Account.
(f) Prohibition on Money Transmission. The User undertakes not to use any account — including the Personal Account— for money transmission, payment aggregation, or other regulated money service business activities on behalf of third parties, unless the User holds the applicable licenses and has obtained prior written authorization from Ontop and BVNK.
(g) Third-Party Access. Where the User permits any third party to access, use, fund, or benefit from the Ontop Global Account, including the Personal Account and the Payroll Account, the User remains solely responsible for conducting adequate due diligence on such third parties and ensuring their compliance with these Terms and applicable law. The User shall ensure that no third party subject to sanctions, engaged in prohibited activities, or presenting undue legal or financial risk is permitted to use or benefit from any service accessed through the Ontop Global Account.
Ontop, BVNK, and their respective Service Partners reserve the right to request any additional information or documentation from entity Users at any time, including for the purposes of Business Verification, Identity Verification, AML Screening, PEP Screening, or source of funds verification, and to suspend or restrict access pending the satisfactory provision of such information.
For security and compliance purposes, Ontop may apply daily transaction limits to your Payroll Account and Personal Account. Applicable transaction limits are made available to Users within Ontop platform. Upon reaching this limit, further transactions will be temporarily blocked until the following calendar day. Ontop may require you to complete an additional verification process before resuming transfers. Ontop reserves the right to modify applicable limits at any time based on risk, compliance, or operational requirements, with or without prior notice.
Ontop will not charge a maintenance fee for the Payroll Account or the Personal Account as long as you remain an active user. Individual transactions may be subject to applicable fees and/or foreign exchange rates as detailed in the applicable Fee Schedule.
If your Payroll Account or Personal Account records no transactions for a period exceeding two (2) consecutive months, Ontop will charge an inactivity fee equal to USD $10.00 or your available balance, whichever is lower ("Inactivity Fee"). The Inactivity Fee will be automatically deducted from your account balance.
Where enabled, you may transfer funds directly from your Payroll Account or Personal Account to the account of another eligible Ontop user.
P2P transfers are final and irreversible once executed. You are solely responsible for verifying the accuracy of the recipient's information prior to initiating a transfer. Ontop bears no liability for transfers made using incorrect or unverified recipient details.
Ontop reserves the right to suspend, limit, or revoke access to P2P functionality at any time for compliance, fraud prevention, or operational reasons.
Availability of the P2P feature may be restricted based on your jurisdiction, account status, or contractual model.
By using any payment method or providing payment information in connection with your Ontop Global Account, you represent and warrant that: (i) you are the legal owner, or duly authorized representative of the owner, of any bank account or payment method used to send or receive funds; and (ii) you are legally authorized to initiate and receive payments using such accounts. All payment and withdrawal services are facilitated through Ontop's Regulated Institution providers or BVNK and Partners.
You must notify Ontop promptly, and in no event later than sixty (60) calendar days from the date the transaction appears in your account, of any unauthorized debit, erroneous credit, or other transaction discrepancy. Failure to notify within this period may limit your rights to seek correction or recovery of funds.
Upon receipt of a timely notification, Ontop will investigate the reported issue and, if an error is confirmed, take reasonable steps to correct it, which may include reversing an erroneous credit or restoring a debited amount. Ontop reserves the right to recover any funds credited to your account in error. Your account balance may temporarily become negative as a result of such correction. Ontop shall not be liable for any losses arising from errors not reported within the applicable period.
Balances in the Payroll Account are denominated in United States Dollars (USD) and balances in the Personal Account are denominated in stablecoins USDC. If your payment, transfer or compensation is agreed in a currency other than USD or USDC, you acknowledge that exchange rate fluctuations may cause differences between the USD or USDC amount credited to your Personal Account and the local currency amount ultimately received upon withdrawal. Ontop is not responsible for any exchange rate differences, losses, or foreign exchange compliance obligations arising in your jurisdiction. You are solely responsible for consulting your tax advisor or accountant regarding applicable foreign exchange reporting requirements.
Where you initiate a local currency withdrawal or a local currency conversion from or to your Personal Account, you acknowledge that such transaction may involve two independent conversion steps: (i) a conversion from USDC stablecoin to United States Dollars or from USD to USDC, carried out by BVNK or its applicable Service Partner under their own terms and at the exchange rate determined by them at the time of execution; and (ii) a subsequent or previous conversion from USD to the local currency or from the local currency to USD, carried out by Ontop's applicable Regulated Institution provider at the exchange rate determined at the time of execution of that step. Each conversion step is subject to its own applicable spread, fees, and rate, which will be disclosed to you through the Platform prior to confirming the withdrawal or conversion. Ontop does not control, set, or guarantee the exchange rate applied by BVNK or its Service Partner in the first conversion step, and is not responsible for any differences between the USDC value at the time you initiate the withdrawal and the local currency amount ultimately received by you.
When you initiate a local currency conversion transaction into your Personal Account, you represent and warrant that you are aware that your use of the Personal Account may imply differences between (i) the local currency amount you instruct to be transferred from your designated local bank account or payment source, and (ii) the USDC equivalent credited to your Personal Account balance after conversion by the applicable Regulated Institutions. These differences may occur due to the application of exchange rates, spreads, and fees at the time of execution of the conversion.
Ontop will not be responsible or liable for any exchange rate differences and/or fluctuations arising in connection with any local currency funding transaction. You acknowledge and agree that all local currency funding transactions are processed by third-party Regulated Institutions and that Ontop is not responsible, nor will you hold Ontop liable, for any discrepancy between the indicative rate displayed at the time you initiate the transaction and the rate effectively applied at the time of execution.
Ontop is not responsible or liable for foreign exchange obligations applicable to you in your jurisdiction in connection with either local currency funding or local currency withdrawal transactions. You may consult your tax advisor and/or accountant in order to comply with said obligations, if needed.
Ontop reserves the right to restrict or suspend access to the Ontop Global Account without prior notice in cases of suspected fraud, security breaches, or other compliance issues. While Ontop shall notify Users that their use of services is subject to restrictions or that funds have been frozen due to legal obligations, such notification is provided only when legally permissible, ensuring appropriate safeguards are implemented to avoid "tipping off". Suspension may result in immediate restricted access to accounts or services. Ontop shall not be held liable to the User for any direct, indirect, incidental, or consequential losses or damages arising from, or in connection with, the suspension of services for fraud prevention, compliance, or regulatory reasons.
We reserve the right, at any time, to modify, suspend, or discontinue the Global Account including, the Personal Account or the Payroll Account, in whole or in part. We will communicate any proposed changes to the User as required by law. In particular, you acknowledge that services related to USDC may be modified, restricted, or discontinued at any time due to regulatory changes, compliance requirements, or operational updates from our partner BVNK and their respective sub-processors. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuation of our Website and/or Platform or any specific asset functionality (including USDC) resulting from these third-party or regulatory constraints.
The User is fully and solely responsible for maintaining the confidentiality of login and account information and the activities that the user carries out on the Global Account including the Personal Account or the Payroll Account, including usernames, passwords, authentication tokens, and any other access information. To ensure account security, the User is required to utilize Ontop's two-factor authentication or 2FA system, known as the "Dynamic Token". Should the User elect not to use the Dynamic Token, they must provide written notification to Ontop and sign a specific waiver of consent, acknowledging full and exclusive responsibility for any security breaches, unauthorized access, or loss of funds associated with their account.
You must take all reasonable steps to prevent unauthorized access to your account, including through identity fraud or impersonation attempts by third parties. You agree to (i) immediately notify us of any unauthorized use or suspected unauthorized use of your Account or any other breach of security and, (ii) immediately update your security information through the Platform. We will not be liable for any loss or damage arising from your failure to comply with these security requirements or your decision to opt out of the Dynamic Token.
Failure to promptly report a suspected compromise may result in Ontop being unable to prevent or reverse unauthorized transactions, and Ontop shall not be liable for any resulting loss.
The User acknowledges and agrees that Ontop, BVNK, and their respective Service Partners are under no obligation to verify the identity of any person accessing the Ontop Global Account using valid credentials, and shall not be liable for losses arising from unauthorized access that results from the User's failure to maintain credential security.
For the avoidance of doubt, any instruction received through the Platform using the User's authenticated credentials will be treated as a valid instruction issued by the User, unless the User has previously notified Ontop of a suspected compromise in accordance with this section. Ontop will not normally be able to reverse transactions executed in good faith prior to receiving such notification.
Ontop implements technical and organizational security measures — including encryption, two-factor authentication via the Dynamic Token, and logical access controls — to protect the Platform. However, these measures do not substitute for the User's own responsibility to safeguard their credentials and monitor their account activity.
Ontop, BVNK or their Service Partners grant you a non-transferable, non-exclusive, revocable, limited license to use and access our website and/or platform solely for the purposes of engaging our services.
If you have any questions, concerns, or feedback regarding the Ontop Global Account please contact Ontop directly as your primary point of contact via support@getontop.com, +1 (786) 655-8772, or through our Aura Chat via in app.
We encourage you to reach out with any inquiries about how the service works, the roles of Ontop and BVNK, or to report any problems. Ontop maintains a support function capable of investigating and resolving your queries and complaints.
In certain instances, Ontop may coordinate with BVNK to provide second-line support. While Ontop handles all primary communications, any specific resolution times for escalated matters may depend on BVNK's internal processes and the nature of the inquiry.
In case of a claim, the User understands and agrees that strict timelines might apply for reporting any discrepancies or errors according to the terms and conditions of BVNK or its Service Partners. If the User fails to provide notice within this timeframe, the User shall be prohibited from bringing any claim against BVNK, its Service Partners or Ontop with respect to such transaction.
Any potential or actual legal claim, dispute, or litigation relating to the Personal Account Powered by BVNK, shall be handled in accordance with the BVNK Terms of Service accepted by the User. Ontop, when applicable, will escalate any such Dispute to BVNK. BVNK will handle such claims, disputes, or litigation directly, with technical and operational support from Ontop as required.
The User acknowledges that the Embedded Services "Powered by BVNK", specifically the Personal Account are provided through the infrastructure of BVNK and its third-party partners. Consequently, Ontop does not own, control, or guarantee the continuous, uninterrupted, or error-free operation of these services on a 24/7 basis.
The availability of these services is subject to the performance of blockchain-based protocols, underlying software, and the systems of BVNK's banking and liquidity partners, all of which are beyond Ontop's direct control. Ontop shall not be held liable for any losses, damages, or service interruptions arising from outages, technical failures, or maintenance requirements within the BVNK infrastructure or its associated networks.
We may offer Users an electronic money prepaid physical or digital card, the "Ontop Card (Visa)" or “Card” (as defined on the Ontop Card (Visa) - Terms of Service) for some Accounts of the Ontop Global Account. If you apply for a Card on our Platform, the Ontop Card (Visa) - Terms of Service will apply. Some of the usual features and functionalities from the Card might be restricted to the Personal Account, powered by BVNK.
Ontop is not responsible for any withholding that is made or should be made under any applicable regulation. We are also not responsible for any exchange-related requirements from the applicable central bank and/or government authorities. The User shall indemnify Ontop to the fullest extent for non-compliance with any tax or foreign exchange-related fines, penalties, or interest, that are imposed on us by any government authority.
All currency exchanges carried out in connection with any local currency conversion transaction initiated through the Platform are facilitated by licensed third-party Regulated Institutions and licensed foreign exchange intermediaries, and not by Ontop directly. You acknowledge and agree that you are solely responsible for complying with any foreign exchange reporting or registration obligations applicable to you as the principal of such operations under the laws of your jurisdiction.
The same applies to local currency withdrawal transactions initiated from your Personal Account. Where a withdrawal requires conversion from USDC to USD and subsequently from USD to local currency, each conversion step may independently trigger foreign exchange reporting or registration obligations under the laws of your jurisdiction. Ontop is not responsible for any such obligations.
You agree to defend, indemnify, and hold Ontop harmless to the fullest extent for any fines, penalties, or interest imposed on Ontop due to your non-compliance with applicable tax or foreign exchange regulations in connection with either local currency funding or local currency withdrawal transactions. This indemnification covers any claims made by any government authority. You may consult your tax advisor and/or accountant for additional information on any requirements you have to fulfill.
Solely to protect against money laundering, terrorist financing, fraud, and unauthorized transactions, Ontop and BVNK or its Service Partners will collect, store, and analyze User payment information. For more information on how we use your payment information, please see our Privacy Policy and BVNK's Privacy Policy. BVNK, its Service Partners, and other financial entities involved in specific features or payouts may also collect payment information necessary to process User payments and transactions. Except for payment amounts and status details stored on our Platform, we do not have access to payment information provided to financial institutions; such information will be subject to the privacy policy of each respective financial institution.
The User acknowledges and agrees that, where the User permits any third party to initiate, authorize, fund, benefit from, or otherwise have direct or indirect access to the Ontop Services or any underlying financial services made available through Ontop (including services provided by BVNK), the User shall be responsible for performing reasonable and proportionate due diligence on such third parties, taking into account the nature of the services, the payment flow, and the level of access involved.
Without limiting the foregoing, the User shall ensure that no third party who is subject to applicable sanctions, engaged in illegal or prohibited activities, or otherwise presents an undue legal, regulatory, or financial risk is permitted to use, fund, or benefit from the BVNK Services.
Ontop or BVNK may, at any time, require the User to provide additional information regarding the origin of funds, including but not limited to: (i) Verification of Source of Funds and Source of Wealth; (ii) Verification of Address (e.g., utility bills or bank statements); and (iii) Verification of professional activity. Furthermore, Ontop or BVNK may request relevant information or documentation to ensure regulatory compliance.
Ontop and BVNK reserve the right to conduct due diligence checks, including Identity Verification (KYC), AML Screening, and PEP Screening, at the start of the relationship and on an ongoing basis.
To ensure compliance with global regulatory and audit requirements, and as a component of our oversight agreement with BVNK, Ontop and its authorized sub-processors shall maintain a comprehensive audit trail of all financial transactions, logs of privileged user access, and necessary Know Your Customer/CDD records according to our record retention policy, as required by applicable law. This retention is critical for investigations, legal defense, and regulatory reporting.
Users are solely responsible for overdraft fees, insufficient funds fees, wire transfer fees and any other bank or payment institution fees that they may incur in making payments to us. In addition, Users are responsible for making accurate payments of Ontop invoices. In the event that a payment transaction is executed incorrectly due to our exclusive fault, we shall take steps to rectify the error within thirty (30) days, whether above or below the amount to be paid stated by the User. All payment instructions, including those made via "Payment Links" or "Conversions", are final and binding once authorized.
While Ontop implements rigorous technical and organizational security measures — including encryption, two-factor authentication, and logical access control, you remain responsible for the security of your own credentials. You acknowledge that Ontop does not own or control the underlying blockchain protocols or the independent infrastructure of BVNK. Consequently, Ontop's liability is limited concerning data breaches that occur within those third-party environments or result from your failure to maintain account confidentiality.
Incorrect or Incomplete Payment Information
You are responsible for verifying the accuracy of all payment details prior to initiating any transfer from your Ontop Global Account. If funds are misdirected due to incorrect or incomplete information provided by you, Ontop will use commercially reasonable efforts to assist in recovering such funds but shall not be liable for any resulting loss, cost, or delay. Exception fees may apply to recovery attempts, as set forth in the applicable Fee Schedule.
Ontop shall not be liable for any losses, damages, or claims of any nature — including lost profits or indirect, consequential, or special damages — arising from any refusal of payment made in accordance with these Terms, even where such refusal causes delays or disruptions to your operations or those of any third party. Ontop shall likewise not be liable for any losses or damages resulting from a User's failure to accept or complete a payment.
Ontop acts solely as a "Platform Partner" under BVNK's terms and conditions that facilitates access to digital asset services and fiat virtual accounts provided directly by System Pay Services (US), Inc. (doing business as "BVNK") and its third-party service partners. The User acknowledges that all custody, transmission, and conversion of digital assets are performed exclusively by BVNK under their own Terms of Service, which the User accepts separately.
To the maximum extent permitted by applicable law, Ontop shall not be liable for:
Notwithstanding any other provision, Ontop's total aggregate liability to the User for any claims related to the BVNK Services (whether in contract, tort, or otherwise) shall not exceed the total amount of Fees actually paid by the User to Ontop during the six (6) month period immediately preceding the event giving rise to the claim.
Ontop makes no representations or warranties regarding the BVNK Services, which are provided on an "as is" and "as available" basis. Ontop does not guarantee that access to the BVNK Services will be uninterrupted, secure, or error-free.
THE ONTOP GLOBAL ACCOUNT, INCLUDING THE PAYROLL ACCOUNT, PERSONAL ACCOUNT AND ALL RELATED SERVICES, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ONTOP, ITS AFFILIATES, SUPPLIERS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.
ONTOP DOES NOT WARRANT THAT THE PLATFORM OR ANY ACCOUNT WILL OPERATE WITHOUT INTERRUPTION, ERROR, OR DELAY. ONTOP SHALL NOT BE RESPONSIBLE FOR FAILURES, DELAYS, OR DISRUPTIONS ATTRIBUTABLE TO INTERNET CONNECTIVITY, MOBILE NETWORKS, OR THIRD-PARTY INFRASTRUCTURE. WHERE APPLICABLE LAW REQUIRES WARRANTIES, SUCH WARRANTIES SHALL NOT EXCEED NINETY (90) DAYS FROM THE DATE OF FIRST USE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES; IN SUCH CASES THE ABOVE LIMITATIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW.
To the fullest extent permitted by law, the User will indemnify and hold harmless Ontop and its affiliates from and against any and all liabilities, claims, losses, damages, costs and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the User's breach of these Terms; or (b) the User's relationship with BVNK or its Service Partners. Ontop will promptly notify the User of any such claim and may allow the User to assume defense of the claim, provided that Ontop may participate with its own counsel at its discretion.
The User represents and warrants that each payment facilitated by Ontop, relates to a sale of bona fide goods or services which complies with applicable law and any payment network rules. BVNK nor Ontop are not responsible for resolving disputes regarding goods or services provided and shall not be liable for any disputes regarding goods or services or payments therefore. The User agrees that BVNK is a third-party beneficiary of Ontop's rights under these Terms and Conditions and may enforce this agreement with regard to the processing and settling of payments.
The User authorizes the disclosure of personal and transaction data to BVNK for any purpose permitted under applicable law.
These Terms are subject to occasional revision. If we make any substantial changes that adversely affect your rights or obligations, we will notify you at least thirty (30) days in advance by sending you an email to the last email address you provided to us, and by prominently posting notice of the changes on our Website. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of the changes described in the notice. Except for changes required by law or those that do not disadvantage the user, which may be effective immediately, any changes to these Terms will be effective thirty (30) days following notice. Continued use of our Ontop Global Account following the effective date of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the revised terms and conditions of such changes. If you do not agree to the changes, you must stop using the services and you shall have the right to close your Ontop Global Account, without any additional penalty, prior to the effective date.
These Terms will be governed and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) will not govern these Terms or the rights or obligations of the parties under these Terms.
Any disputes, claims, or controversies arising out of or relating to these Terms, shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida. Both You and Ontop consent to the personal jurisdiction and venue of such courts and waive any objection based on an inconvenient forum.
EACH PARTY WAIVES ITS RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS WAIVER SHALL NOT PREVENT EITHER PARTY FROM SEEKING PRELIMINARY OR INJUNCTIVE RELIEF IN A COURT OF COMPETENT JURISDICTION, WHERE APPROPRIATE.
Mailing Address: 66 W Flagler Street, Ste 900, Miami, Florida 33130
Support: https://www.getontop.com/contact
