OPAGO GmbH
Moosstrasse 4
83404 Ainring
Registered in the commercial register of the District Court of Munich under HRB 31810, www.OPAGO-pay.com
1.1 These General Terms and Conditions (hereinafter GTC or Conditions) apply to all business relationships with our customers. The GTC apply both to the relationship between us and the payee (hereinafter Merchant) and between us and the payer.
1.2 The GTC apply to contracts for the use of our payment service via Bitcoin Lightning (hereinafter OPAGO Pay) and other services, the use of our apps and software, and the use of our payment devices (hereinafter OPAGO PoS Terminal). Unless otherwise agreed, the GTC shall apply in their current version. Our GTC apply exclusively. Deviating general terms and conditions shall only become part of the contract if we have expressly agreed to their validity.
1.3 Legally relevant declarations and notices relating to the contract must be made in writing.
1.4 References to the applicability of statutory provisions are for clarification purposes only.
1.5 OPAGO is not a payment service provider within the meaning of Sections 675c et seq. of the German Civil Code (BGB) or the German Payment Services Supervision Act (ZAG).
1.6 In order to use our services, you must accept these GTC and our Privacy Policy.
2.1 We offer our customers the processing of payments via Bitcoin on the Lightning Network (LN). For this purpose, we provide a PoS terminal (OPAGO PoS Terminal). We also provide you with access to the LN via the open-source software LNBits.
2.2 You use our service by initiating and/or receiving Bitcoin transactions via the LN at an OPAGO PoS Terminal. A prerequisite for this is that both the merchant and their customer each have their own Bitcoin LN wallet.
2.3 When using the OPAGO PoS Terminal, the merchant enters the amount to be paid in the desired currency. The amount is automatically converted to Bitcoin at the current exchange rate. In this context, we act as a channel manager and merely as a payment intermediary.
2.4 All fees incurred for the package selected by the merchant are to be borne by the merchant.
2.5 We transfer all Bitcoins owed to the merchant, less any applicable fees, to the merchant's registered Bitcoin LN wallet.
3.1 To use our service, you must register and create an account.
3.2 Once you have registered, you will receive a confirmation link by email.
3.3 You confirm that all information provided at the time of registration is correct.
3.4 The services are only available to sole traders or companies for business purposes.
3.5 We are obliged to conduct a review of your person and/or your company.
3.6 Your OPAGO merchant account is not a bank account and is not covered by a compensation scheme.
3.7 We do not provide our own Bitcoin LN wallet. You must have your own Bitcoin LN wallet.
3.8 If the Bitcoin LN wallet you have provided is incorrect or incomplete, we are entitled to lock your OPAGO account.
3.9 We may restrict or suspend your access and close your account if you provide inaccurate or false information.
3.10 You are responsible for managing your password and keeping your credentials secure against unauthorized access.
3.11 You are obliged to notify us immediately if you detect any unauthorized access.
3.12 If you have lost your login credentials, we are entitled to access your account and generate a new password.
4.1 As a merchant, you may use one or more terminals per account.
4.2 The OPAGO PoS Terminal can be purchased by merchants via our website. Ownership of the purchased OPAGO PoS Terminal remains with the merchant after termination of the contractual relationship.
4.3 The merchant is obliged to install all app and software updates for the OPAGO PoS Terminal.
4.4 A permanent internet connection is required for full use of our service.
4.5 It is not permitted to modify the hardware or software of the OPAGO device.
5.1 Our obligations are limited to providing an account, services in the form of access to the LN, and the performance of channel management.
5.2 You must notify us immediately if you notice any interruptions, delays, or errors in the services.
5.3 An existing Bitcoin LN wallet is required to use our service and must be provided independently by you.
5.4 We are entitled to suspend our services or terminate the contractual relationship and close the account if there are reasonable grounds to suspect money laundering or terrorist financing.
5.5 We are also entitled to suspend our services or terminate the contractual relationship and close the account if you breach these conditions.
6.1 Fees are charged for the use of our services and are to be borne by the merchant.
6.2 You may subsequently switch to a different package via your customer account.
6.3 Prices are expressed as a percentage of the respective transaction volume in Bitcoin, converted to Euro.
6.4 You may view the transaction history and fees incurred in your account. Any erroneous transactions must be reported to us immediately.
6.5 Incorrect billings must be disputed immediately, at the latest within 7 working days of receipt.
6.6 You are solely responsible for keeping records of all transactions and retaining this data.
7.1 We shall not be liable for damages unless they were caused intentionally or through gross negligence by us.
7.2 We shall likewise not be liable for unauthorized or erroneous transactions unless they were caused intentionally or through gross negligence by us.
7.3 We reserve the right to restrict our service in whole or in part due to maintenance work or events beyond our control.
7.4 Excluded from the limitation of liability are claims for damages arising from the breach of essential contractual obligations and from injury to life, body, or health.
8.1 The term of the contract is governed by the respective price plan.
8.2 The contract may be terminated by either party with two weeks' notice to the end of the month, but no earlier than the expiry of the minimum term. The right to terminate for cause remains unaffected.
8.3 Any termination must be made in writing to be effective.
9.1 These terms and conditions and the contractual relationship are governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
9.2 If the customer is a merchant, a legal entity under public law, or a public-law special fund, the registered office of OPAGO shall be the place of jurisdiction.