Mural Pay Legal
Terms of Service
LAST UPDATED ON: February 12, 2025
These Mural Terms of Service govern your access to and use of our (1) website located at https://www.muralpay.com (the “Site”), (2) our SaaS service/application located at our Site, or through the websites and/or mobile applications of any of our third-party financial institution partners (the “Service”), and any related services we may offer (collectively the “Services”).
These Mural Terms of Service, together with any documents or links they expressly incorporate by reference, including but not limited to the Privacy Policy located here (the “Privacy Policy”), form an agreement (the “Agreement”) between you (the “Customer,” “user,” “you,” “your”) and Mural Technologies, Inc, (“Mural,” “Provider,” “we,” “us,” or “our”) and governs your access to and use of the Services, unless stated otherwise in an executed ordering document (“Order Form”), in which case the Order Form between the Customer and Mural shall govern.
BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD, AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF. IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT OR OTHERWISE ACCESSING OR USING THE SERVICES IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF ANY ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY: (i) AGREE THAT THE TERMS “CUSTOMER,” “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY AND INDIVIDUAL; (ii) REPRESENT AND WARRANT THAT THE INDIVIDUAL ENTERING INTO THIS AGREEMENT HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY; AND (iii) AGREE THAT SUCH INDIVIDUAL AND SUCH ENTITY SHALL HAVE JOINT AND SEVERAL LIABILITY HEREUNDER.
THIS AGREEMENT LIMITS YOUR LEGAL REMEDIES AND MURAL’S LIABILITY TO YOU AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST CEASE USING THE SERVICES AT ONCE.
MURAL IS NOT A BANK, FINANCIAL PLANNER, BROKER OR ASSET MANAGER. NEITHER THE SITE, SERVICE NOR ANY OTHER SERVICES WE PROVIDE ARE INTENDED TO PROVIDE LEGAL, TAX, OR FINANCIAL ADVICE.
We may revise and update this Agreement from time to time in our sole discretion by posting the revised Agreement on the Site or Service, or by sending you an email. Your continued use of the Site, Service or Services will be deemed acceptance to any amended or updated terms of the Agreement.
THE SITE
IN GENERAL
License. Subject to your compliance with this Agreement, we grant you the right to access and use the Site for informational purposes or for any other reason stated on the Site.
THE SERVICE
IN GENERAL
The Service. The Service is offered under a software-as-a-service model— a cloud-based site at which you can create an account and accesses the features and functionality provided by the Service. You may access the Service directly through our Site, or you may access the Service through the websites and/or mobile applications of any of our third-party financial institution partners with whom you have a legally binding customer relationship (each, a “Third-Party Financial Institution”).
Documentation. The Service documentation is provided as an online resource, available at https://docs.muralpay.com/ (the “Documentation”), and is incorporated into this Agreement.
Third Party Technology. Third party technology is integrated into the Service for such features as authentication, transactions and key management. Certain third party technology may be subject to additional terms or conditions, which will may be posted or linked on the Service in connection with such features and/or is listed below (“Supplemental Terms”). You agree that use of such features shall be governed by the Supplemental Terms which form a separate agreement between you and the third party technology provider. Supplemental Terms may include
Astra Inc. Use of the Astra, Inc. third party technology is governed by Astra’s Terms of Service and Privacy Policy.
LICENSE AND ACCESS
License. Subject to your compliance with this Agreement, we grant you the right to access and use the Service and only use the Service in accordance with this Agreement and the Documentation.
Access. You must register for a Mural account (“User Account”) in order to access and use the Service. When creating and maintaining your User Account, you agree to provide true, accurate, current, complete, and up-to-date information, at all times.
User Account Information/ Identity Verification. When you create a User Account on our Service, federal law may require us to obtain, verify, and record information that identifies each person who conducts a transaction on our Service. You may be required to provide, your name, address, date of birth, taxpayer identification (or social security) number and other information (“Account Information”) that will allow us to identify you, and if we request, you must provide a valid government-issued identification. We may request additional information or documentation as necessary to verify your identity. If you are accessing the Service through a Third-Party Financial Institution, you expressly authorize Mural, on your behalf, to electronically retrieve Account Information from the Third
Party Financial Institution. Subject to the terms of our Privacy Policy, you authorize us to make any inquiries, directly, or through any third-party service providers we deem necessary, to validate your identity.
Account Responsibilities. You are solely responsible for maintaining the security and confidentiality of your User Account and that of any User Account(s) that are linked to your organization, for restricting access to your User Account(s), and for all activities that occur under your User Account(s). If you have reason to believe that your User Account(s) is no longer secure, you agree to immediately notify us.
UPTIME, ISSUE MANAGEMENT AND MURAL RIGHTS
UPTIME & ISSUE MANAGEMENT
Uptime & Issue Management. The Service will be designed and managed to a reasonable uptime expectation. Your access to and use of any of our Services may be interrupted from time to time for maintenance or repair, including but not limited to maintenance of the Site or Service or its associated equipment, or other actions that Mural, in its sole discretion, may elect to take. In no event will Mural be liable to you for any loss, cost, or damage that results from any scheduled or unscheduled downtime of the Services.
Mural Rights
Mural Rights. We may alter the Site or Service at any time for any reason or no reason, and we may terminate your User Account, delete any content or information that you have provided to us, and/or prohibit you from using or accessing any portion of the Site or Service for any reason or no reason, in our sole discretion, and without prior notice.
SECURITY, PRIVACY AND COMPLIANCE
Security and Privacy Controls
Security. Mural implements strict security processes based on industry standards.
Privacy Policy. When you access or use our Services we may collect certain information about you, including personally identifiable information. How we handle your information, including your User Account information is governed by our Privacy Policy. We take your privacy and the security of information seriously. Please read Mural’s Privacy Policy carefully for details relating to our collection, use, and disclosure of your information.
Compliance
User Account Information / KYC and CCD. When you create a User Account on our Service, federal law may require us to obtain, verify, and record information that identifies each person who conducts a transaction on our Service. You may be required to provide, your name, address, date of birth, taxpayer identification (or social security) number and other information that will allow us to identify you, and if we request, you must provide a valid government-issued identification. We may request additional information or documentation as necessary to verify your identity. You authorize us to make any inquiries, directly or through any third-party service providers, we deem necessary to validate your identity. If you are accessing the Service through a Third-Party Financial Institution, you expressly authorize Mural, on your behalf, to electronically retrieve account information from the Third-Party Financial Institutions.
Subject to the terms of our Privacy Policy, Astra may work with one or more third-party financial services providers to access and retrieve such Account Info. You authorize us to share your identity, account data and Account Info with third-party financial institutions with which you have accounts for the purposes of supporting your account and activities, including Services, with such third-party financial institutions, and you are responsible for the accuracy and completeness of that data.
Non-Custodial Service. The Service is non-custodial, such that you retain exclusive control over the assets and transactions and are solely responsible for your own transactions and legal and regulatory compliance. ALTHOUGH WE INTEGRATE FEATURES DESIGNED TO SUPPORT YOUR ORGANIZATION’S COMPLIANCE OBLIGATIONS (SUCH AS INTEGRATED IDENTITY VERIFICATION, IN SUPPORT OF KYB AND KYC COMPLIANCE), WE DO NOT GUARANTEE THAT SUCH FEATURES WILL BE SUFFICIENT TO MEET YOUR OBLIGATIONS.
Anti-Money Laundering and Illegal Activity. You shall not use the Site or Service to facilitate any illegal activity or transactions. Additional information which counts as prohibited activity on our Service may be viewed in the Documentation. If applicable to your use of our Service, you shall maintain a written anti money laundering program reasonably designed to prevent you from being used to facilitate money laundering and the financing of terrorist activities through the purchase and sale of covered goods.
DISCLAIMERS
DISCLAIMERS
Disclaimers including the UCC and Implied Warranties. You agree that this Agreement is not a contract for the sale of goods, as those terms are defined under the Uniform Commercial Code, and that the Uniform Commercial Code does not apply to this Agreement. PROVIDER IS NOT A BROKER, FINANCIAL INSTITUTION, OR CREDITOR. PROVIDER MAKES NO CLAIMS ABOUT THE IDENTITY, LEGITIMACY, OR AUTHENTICITY OF ANY PERSONS OR ORGANIZATIONS THAT MAY USE THE SERVICE NOR ANY SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE SERVICE.
PROVIDER IS NOT RESPONSIBLE FOR ANY THIRD-PARTY SERVICE TECHNOLOGY NOR ANY SERVICES OFFERED BY ANY THIRD-PARTY FINANCIAL INSTITUTION.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SITE, SERVICE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SITE, SERVICE OR SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SITE, SERVICE OR OTHER SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICE OR SERVICES WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE, SERVICE OR SERVICES WILL MEET YOUR EXPECTATIONS.
TERM AND TERMINATION
Term
Term. This Agreement is effective as of the date on which you clicked “I ACCEPT,” or when you otherwise started using the Services (whichever comes first). This Agreement will remain in effect regarding your access to and use of the Service until you have terminated all User Accounts.
Termination
User Account Termination. If you are accessing and using our Service through our Site, you may terminate your User Account at any time by following the guidance in the Documentation. Additional information is available for organization wishing to terminate other User Accounts in the Documentation. If you are accessing or using our Service through a Third-Party Financial Institution, then you may terminate your User Account by emailing us at: support@muralpay.com, but your User Account will automatically terminate when you terminate your account with the Third-Party Financial Institution. Please read the Effect of Termination of User Accounts on the Service clause below if you plan on terminating your User Account, have terminated your User Account or if Mural terminates your User Account, as it requires certain actions from you related to your funds and consequences of pending transactions.
Mural Termination Rights. Without limiting any other rights Mural may have in this Agreement, in the event that we determine, in our sole discretion, that you have violated this Agreement, the Documentation, or any Supplemental Terms, we may, in addition to any other rights we may have, immediately and without notice to you terminate your User Account and your access to and use of our Services.
Effect of Termination of User Account on the Service
Restricted Access. Upon termination of your User Account for any reason, your ability to initiate new payments will end immediately. However, you may be granted limited access for up to three (3) business days from the notice of termination solely to withdraw any remaining funds to an external digital wallet or bank account.
Pending Transactions. Any transactions that are in progress at the time of termination will be canceled, and any associated funds will be returned to your User Account balance (where applicable).
Withdrawal of Funds. Fund will not automatically be withdrawn. You must withdraw your remaining funds within three (3) business days of receiving notice of a User Account termination. If you fail to do so, any unclaimed funds may be deemed forfeited and will no longer be recoverable.
Outstanding Obligations. You remain responsible for all fees, charges, and obligations incurred prior to termination of your User Account. Termination does not relieve you of any liability for breaches of this Agreement, surviving obligations, or obligations accrued before the termination date.
No Liability. We will not be liable for any claims, losses, damages, or expenses arising from or related to your failure to withdraw funds within the specified timeframe, or any cancellations of in-flight transactions in accordance with this section.
Survival of Terms
Survival of Terms. Rights and obligations established under this Agreement that must survive termination in order to have their customarily intended effect, such as rights and obligations related to indemnification, limitation of liability, intellectual property, effects of termination, Class Action Waiver, and Jury Trial Waiver, will so survive.
INVOICE AND PAYMENTS
Payments and Fees
Service Fees. All fees associated with your use of our Service (“Service Fees”) will be accessible via your User Account and stated on the Service. Additional information regarding Service Fees can be found in the Documentation. If you reasonably dispute some portion of the fees owed, you may contact us at support@muralpay.com. You are responsible for all Service Fees associated with your User Account(s) and you authorize Mural to collect payments through any third-party service providers we deem necessary.
Other Fees. The Site is free to use. Any applicable fees associated with third-party technology features shall be governed by the applicable Supplemental Terms.
DATA OWNERSHIP AND USE
Customer Data. All data that is either transmitted to the Service by you or on your behalf (collectively, “Customer Data”) is and will remain your property. Subject to this Agreement and our Privacy Policy, you grant Mural the right to access and use your Customer Data for Mural to provide its services and perform its obligations under this Agreement.
Aggregated and Anonymized Data. Mural may collect de-identified and/or aggregated data –data that is neither attributable to you nor to any personally identified individual (“Aggregated and Anonymized Data”) from your use of the Services including Aggregated and Anonymized Data from Customer Data. Aggregated and Anonymized Data is and will remain the property of Mural, and Mural may use such data for any internal business purpose even after termination of this Agreement.
Usage Data. Data generated by the Service as a record of its use, such as system logs, is and will remain the property of the Mural.
INTELLECTUAL PROPERTY
The Site, Service and Services. The Services including, the Site and Service (and for example, its algorithms, calculations, organization, look and feel, and the underlying software code) are and will remain the sole property of Mural, and Mural is and will remain the sole owner of all intellectual property embodied or practiced by the Service.
Feedback. Suggestions for improvements to any element of the Services that are provided by you will be provided without restriction and will not operate to grant you an ownership interest in any intellectual property embodied or practiced by our Services. If you provide suggestions and we use it, you may not claim any royalties, compensation or any other right, including intellectual property rights in such use of your suggestions. If a conveyance of intellectual property rights (such as an assignment or license) is required to achieve this result, you will grant such a conveyance.
Reservation of Rights. Mural reserves all intellectual property rights not expressly granted in this Agreement.
DISPUTES
IN GENERAL
Disputes Between Users. Mural is not a party to any smart contract or other transaction initiated or facilitated through the Service. Such transactions are solely between users. In the event of any dispute between users, we reserve the right, but have no obligation, to intercede. While we may, in our sole discretion, help facilitate resolution of disputes through various programs, we have no obligation to do so.
Disputes with Mural. Mural always prefers to resolve disputes amicably and efficiently, and most user concerns can be resolved quickly and to the user’s satisfaction by emailing Mural at support@muralpay.com.
INDEMNIFICATION
Definition of Indemnification. To “Indemnify” is defined to mean (i) to defend against all third-party claims (construed broadly, so as to include, for example, complaints and causes of action both when filed and when threatened) and regulatory actions (construed broadly, so as to include investigations and disciplinary actions by any government entity with the power to investigate or impose a penalty of any kind) and (ii) to pay all amounts (construed broadly, so as to include, for example settlements, judgments, fines, and attorneys fees awarded under all available theories of liability and damages) owed to such third-party claimants or regulators.
Mural’s Indemnifiable Claims. You will Indemnify Mural and our third-party service providers for your breach of this Agreement, your violation of law or your intentional or grossly negligence conduct. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not
extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER MURAL NOR AND ANY THIRD PARTY SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, INCLUDING DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF MURAL OR ANY THIRD PARTY SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE,
SERVICE OR SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE, SERVICE OR SERVICES; (c) UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR TRANSACTIONS OR CUSTOMER DATA; OR (d) STATEMENTS OR CONDUCT OF USER OR ANY THIRD PARTY ON THE SITE, SERVICE OR SERVICES; OR (e) ACCESS OR USE OF ANY THIRD-PARTY SERVICE PROVIDER OR THIRD PARTY-TECHNOLOGY SERVICES, INCLUDING ACCESS TO OR USE OF SERVICES SUBJECT TO SUPPLEMENTAL TERMS.
IN NO EVENT WILL MURAL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MURAL IN THE LAST SIX (6) MONTHS OR, IF GREATER, $1000. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, SERVICE OR SERVICES, OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE, SERVICE OR OUR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
CLASS-ACTION AND JURY TRIAL WAIVER
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER. YOU AND MURAL AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
MURAL AND ITS USERS/CUSTOMERS ELECT TO RESOLVE DISPUTES AND CLAIMS THROUGH ARBITRATION OR IN THE COURTS RATHER THAN BEFORE A JURY. THE PARTIES HEREBY WAIVE ANY TRIAL BY JURY.
Notwithstanding any other provision of this Agreement, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in this Agreement.
ARBITRATION
Unless stated otherwise in this Agreement, the parties may elect to arbitrate a dispute. If arbitration is agreed to by the parties, the dispute will be conducted in binding arbitration by a panel of three arbitrators, with the user and Mural each selecting one member of the panel and those two members selecting the third member of the panel.
SUBSTANTIVE LAW AND FORUM FOR DISPUTES
Law and Forum. Regardless of the method of dispute (courts or arbitration), This Agreement will be interpreted and governed according to the substantive law of the United States and the applicable laws of the State New York, without regard to conflict of law principles and any legal action will be brought in the courts located in New York, NY. However, any state or federal court with jurisdiction may be used to (i) seek preliminary injunctive relief or (ii) enforce a judgment by the arbitrators.
NOTICE AND ELECTRONIC COMMUNICATIONS
NOTICES
Notice to you and Consent. By creating a User Account, you explicitly consent to receive all notices and information via emails to the email listed on your User Account or where applicable, push notifications, text message, and other similar means. For the avoidance of doubt, this consent applies to all communications, including legal notices, that we may otherwise be required to send or provide to you in paper form or by mail. Mural reserves the right to nevertheless communicate with you in paper form or by mail.
Legal Notices to Mural. You may provide any written notice to Mural by email at legalnotices@muralpay.com or by written letter:
Mural Technologies, Inc.
Attn: Data Privacy Team
169 Madison Ave #2476
New York, NY 10016
OPT-OUT
Opt-Out. You may opt out of receiving certain types of notices (such as marketing or promotional notices) by following the opt-out or unsubscribe instructions included with those notices or, in the event you cannot locate those instructions, by contacting us at support@muralpay.com.
INTERPRETATION OF THE AGREEMENT
MISCELLANEOUS
Complete Agreement. This Agreement, including its incorporated links and references, constitutes the entire Agreement between you and Mural regarding our Site, Service or Services.
Changes to the Agreement. Mural reserves the right to update this Agreement at any time, without prior notice to you, and any changes will become effective immediately upon posting. Provider will notify you by e-mail via the primary email address specified on your User Account or through a notice on the Site or Service of any material changes to this Agreement. Your continued use of our Site, Service and/or Services following posting of changes constitutes your acceptance of such terms. The effective date of this Agreement, and the last revised date is identified at the top of the page.
Severability. If any part of this Agreement (including entire provisions or any part thereof) is determined to be unenforceable (for any reason) but the remainder of the Agreement contains lawful distinct objects, then the unlawful part of the Agreement will be severed and the lawful objects will remain enforceable.
CONTACT US
For questions or concerns regarding this Agreement, please contact us at support@muralpay.com.
