You must:
We reserve the right to restrict, suspend, or terminate your access to the Website at our sole discretion, including for violation of these Terms, misuse of the Website, or as required by law.
The Website provides information about Alpha Cash's financial services, which may include:
The information provided on the Website about services, fees, and availability is subject to change without notice. We reserve the right to modify, update, or remove any content on the Website at any time. The Website may contain links or references to separate service agreements that govern the actual use of Alpha Cash's financial services. Your use of any financial services is subject to separate terms and conditions, not these Website Terms of Service.
You agree to:
To comply with applicable laws, including the Bank Secrecy Act, USA PATRIOT Act, and anti-money laundering regulations, we may:
Failure to comply may result in delayed, declined, or canceled transactions. We may also suspend or terminate your access to the Services.
Your privacy is important to us. Our collection, use, storage, and disclosure of personal information is governed by our Privacy Policy, available at https://www.alphacash.ai/privacy-policy, which is incorporated into these Terms by reference. By using the Services, you consent to our data practices as described in the Privacy Policy and acknowledge that we may collect, process, and share your information as necessary to provide the Services and comply with legal obligations. We will handle your personal information in accordance with applicable federal and state privacy laws, including the Gramm-Leach-Bliley Act and North Carolina Identity Theft Protection Act (N.C. Gen. Stat. 75-61 et seq.). You have the right to access, correct, and request deletion of your personal information as provided by applicable law and our Privacy Policy.
Fees, limits, and exchange rates (if applicable) are disclosed:
All fees are non-refundable unless required by law or as set forth in our Error Resolution Policy (Section 6). We reserve the right to modify fees, transaction limits, and exchange rates at any time. For existing users, changes to fees will become effective thirty (30) days after notice is provided, except where immediate changes are required by law or regulation. Changes will be effective immediately for new transactions by new users. Notice will be provided as required by applicable law, including posting on our website, in-app notifications, or email to your registered address.
Most transactions are final and irreversible once processed. Once you complete a transaction, you may not be able to cancel or reverse it.Error Resolution: If you believe an error has occurred with respect to any transaction, including unauthorized transactions, incorrect amounts, or missing transfers, you must notify us as soon as possible and no later than sixty (60) days after the transaction date or receipt date, whichever applies. Contact Customer Support at the information provided in Section 18.We will investigate reported errors in accordance with applicable law, including Regulation E of the Electronic Fund Transfer Act where applicable. During our investigation, we may provisionally credit your account or take other appropriate action. We will notify you of the results of our investigation within the timeframes required by law.For electronic fund transfers subject to Regulation E, you may have additional rights, including the right to stop payment on preauthorized transfers and protections against unauthorized transactions. Please contact Customer Support for more information.
We do not guarantee uninterrupted access to the Services. Downtime may occur due to maintenance, system issues, or events beyond our control.We shall not be liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including but not limited to:
In such events, our obligations will be suspended for the duration of the force majeure event.
We may suspend or terminate your access to the Services, close your account, or refuse to process transactions if:
You may terminate your relationship with us at any time by ceasing to use the Services and closing any accounts. Termination does not affect any rights or obligations that accrued prior to termination, including outstanding fees or liabilities.Upon termination, we may retain certain information as required by law or for legitimate business purposes, including fraud prevention and regulatory compliance.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.WE DO NOT WARRANT THAT:
WE DO NOT GUARANTEE THE QUALITY, ACCURACY, VALIDITY, OR LEGALITY OF ANY CHECKS, MONEY ORDERS, PAYMENT INSTRUMENTS, OR OTHER ITEMS PRESENTED FOR DEPOSIT. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL ITEMS YOU PRESENT ARE GENUINE AND VALID.WE ARE NOT RESPONSIBLE FOR THE ACTS, OMISSIONS, POLICIES, TERMS, OR SERVICES OF ANY THIRD-PARTY SERVICE PROVIDERS, INCLUDING MONEY TRANSFER NETWORKS, MOBILE CARRIERS, BILL PAYMENT PROCESSORS, OR OTHER THIRD PARTIES.NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, including North Carolina, some of the above exclusions may not apply to you, and you may have additional rights under applicable consumer protection laws, including the North Carolina Unfair and Deceptive Trade Practices Act (N.C. Gen. Stat. 75-1.1 et seq.).
TO THE FULLEST EXTENT PERMITTED BY LAW, ALPHA MODUS FINANCIAL SERVICES, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, "ALPHA CASH PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO:
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.LIMITATION OF DAMAGES:TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE ALPHA CASH PARTIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF:
EXCEPTIONS:The limitations in this Section 10 do not apply to liability that cannot be excluded or limited under applicable law, including:
Some jurisdictions, including North Carolina, do not allow the exclusion or limitation of incidental or consequential damages in certain circumstances, so the above limitations may not apply to you. North Carolina law may provide additional protections for consumers of financial services that cannot be waived by contract.
Disputes may be subject to:
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND GOVERNS HOW DISPUTES BETWEEN YOU AND ALPHA CASH WILL BE RESOLVED.
Before filing a claim, you agree to first contact us at support@alphacash.ai to attempt to resolve any dispute informally. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days after submission, you or we may bring a formal proceeding.
Except as provided in Section 11.5 (Exceptions), you and Alpha Cash agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, "Disputes") will be settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or JAMS under its Comprehensive Arbitration Rules and Procedures, as applicable. The arbitration will be conducted by a single arbitrator.The arbitration shall take place in the county where you reside in North Carolina, or if you reside outside North Carolina, at your option. The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court having jurisdiction. This arbitration provision is governed by the Federal Arbitration Act (9 U.S.C. 1 et seq.).
YOU AND ALPHA CASH AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. UNLESS BOTH YOU AND ALPHA CASH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDING. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON, OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH ABOVE SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.
Each party will be responsible for paying any AAA or JAMS filing, administrative, and arbitrator fees in accordance with AAA or JAMS rules, except that Alpha Cash will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $10,000 and is non-frivolous.
Either party may bring a lawsuit in court in the following circumstances:
You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to the address in Section 18 within sixty (60) days of first accepting these Terms of Use for the website. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other terms of these Terms will continue to apply, and any disputes will be resolved in accordance with Section 12.
If the Class Action Waiver in Section 11.3 is found to be unenforceable with respect to a particular dispute, then the entirety of this arbitration agreement shall not apply to that dispute and such dispute shall proceed in court in accordance with Section 12, provided that the court shall apply North Carolina law regarding class action procedures and requirements. If any other portion of this Section 11 is found to be unenforceable, the remainder shall continue in full force and effect.
These Terms of Use for the website are governed by the laws of the State of North Carolina, without regard to its conflict of laws principles. Any disputes arising under these Terms of Use shall be resolved exclusively in the state or federal courts located in North Carolina.Subject to the arbitration provisions in Section 11, any disputes that are not subject to arbitration shall be resolved exclusively in the state or federal courts located in Mecklenburg County, North Carolina. You and Alpha CashModus Financial Services consent to the personal jurisdiction of such courts and waive any objection based on improper venue or inconvenient forum.
We may modify these Terms of Use at any time by providing notice as described below. Continued use of the website after the effective date of the updated Terms of Use constitutes acceptance of the updated Terms of Use.We will provide notice of material changes to these website Terms of Use by:
The updated Terms will be effective thirty (30) days after notice is provided, unless a longer period is required by applicable law. Your continued use of the website after the Effective Date constitutes your acceptance of the updated Terms of Use. If you do not agree to the updated Terms of Use, you must stop using the website.
WE ARE NOT RESPONSIBLE FOR THE ACCURACY OR COMPLETENESS OF INFORMATION ABOUT THIRD-PARTY SERVICES DISPLAYED ON THE WEBSITE, OR FOR THE ACTS, OMISSIONS, ERRORS, REPRESENTATIONS, WARRANTIES, OR BREACHES OF ANY THIRD PARTY WHOSE SERVICES ARE REFERENCED ON THE WEBSITE. Your use of third-party services referenced on the website may be subject to separate terms and conditions, privacy policies, and fees imposed by such third parties. You are responsible for reviewing and complying with any third-party terms.We may receive compensation from third-party providers for transactions initiated through information or links provided on the website. Such arrangements do not affect the accuracy or completeness of information displayed on the website.
All content, materials, features, functionality, trademarks, service marks, logos, trade names, and other intellectual property displayed on or comprising the Alpha Cash website (collectively, "Alpha Cash Website IP") are owned by Alpha Modus Financial Services, its affiliates, or its licensors, and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property laws.Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the website for your personal, non-commercial use. You may not:
Any unauthorized use of Alpha Cash Website IP may result in termination of your access to the website and may subject you to legal liability, including for copyright or trademark infringement.
You consent to receive communications from us electronically, including via:
You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be provided in a particular manner.To receive electronic communications, you must have:
You may withdraw your consent to receive electronic communications by contacting Customer Support. If you withdraw consent, we will provide required notices and disclosures by postal mail, though doing so may result in delays in receiving time-sensitive information. Withdrawal of consent to receive electronic communications alone will not result in termination of your account, though we may terminate your access if you fail to maintain current contact information or if postal delivery is returned as undeliverable. You may request paper copies of electronic communications by contacting us at the address in Section 18. We will not charge a fee for providing paper copies of legally required disclosures, though we may charge a reasonable fee not to exceed our actual costs for providing duplicate copies of transaction records or other non-required documents.You agree that your electronic acceptance of these Terms, including clicking "I Agree," checking a box, or using the Services after being presented with these Terms, constitutes your legally binding signature and your agreement to be bound by these Terms.
These Terms, together with our Privacy Policy, Electronic Fund Transfer Disclosures, and any other agreements or policies expressly incorporated by reference, constitute the entire agreement between you and Alpha Cash regarding the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.
If any provision of these Terms is found to be unenforceable, invalid, or illegal by a court or arbitrator of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. The unenforceable provision shall be deemed replaced by an enforceable provision that most closely reflects the intent of the original provision.
No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise expressly provided in writing. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
You may not assign, transfer, delegate, or sublicense these Terms or any of your rights or obligations hereunder, whether voluntarily or by operation of law, without our prior written consent, except that your rights and obligations may be assigned by operation of law in the event of your death or incapacity to your legal representative or estate. Any attempted assignment in violation of this provision shall be null and void.We may assign or transfer these Terms and any rights or obligations hereunder, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law, provided that we provide you with notice of any such assignment within thirty (30) days and that the assignee agrees to assume all of our obligations under these Terms. These Terms will be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party, and no third party shall have any right to enforce any provision of these Terms.
We may provide notices and other communications to you by:
Notices sent by email will be deemed given 24 hours after sending, provided that the email is not returned as undeliverable. Notices sent by text message will be deemed given when sent, provided that we receive confirmation of delivery. Notices sent by postal mail will be deemed given three (3) business days after mailing. Notices posted on our website will be deemed given upon posting.You may provide notices to us by sending postal mail to the address listed in Section 18. Notices to us will be deemed given when actually received by us.You are responsible for maintaining current contact information. We are not responsible for any consequences if we are unable to contact you due to outdated or incorrect contact information.
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and Alpha Cash. Neither party has the authority to bind the other or to incur any obligation on the other's behalf.
All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to Sections 9 (Disclaimers), 10 (Limitation of Liability), 11 (Dispute Resolution & Arbitration), 12 (Governing Law), 15 (Intellectual Property), and 17 (Miscellaneous Provisions).
The section headings in these Terms are for convenience only and have no legal or contractual effect.
These Terms may be made available in multiple languages. In the event of any conflict between the English version and any translation, the English version shall control.
Customer Support: support@alphacash.aiMailing Address: Alpha Modus Financial Services, LLC, 20311 Chartwell Center Drive, #1469, Cornelius, North Carolina 28031For questions about these Terms, to report errors, or to exercise any of your rights under these Terms, please contact us using the information above. We will respond to your inquiry within a reasonable timeframe as required by applicable law.
Alpha Modus Financial Services is licensed as a money transmitter in the states where required. For information about our licensing status in your state and any state-specific consumer rights or disclosures, please contact Customer Support.
