Terms of Use

Terms of Use

Last updated: July 6, 2022


Terms of Use

Please read these Terms of Use carefully as they set out the legal rights and obligations between us and you in relation to your use of the platform, including any other services provided. Therefore, you are obliged and obliged to agree to these Terms of Use before making any use of the platform and other services.

By signing up to use the Services (as defined below) through our website located at https://kryptobox.io/, or any affiliated websites, features, products, APIs or mobile applications (hereinafter, "Site(s)"), you agree that you have read, understood and accept any and all provisions under these Terms of Use, as well as the Privacy Policy and the Cookie Policy.

Please be aware that selling, buying and holding Cryptocurrencies can be critically risky, for the reason that the value of Cryptocurrencies tends to vary frequently and can be oscillating up and down and there may be a substantial risk that you may lose money because of buying, selling, holding or investing in such digital currencies.

1. Certain definitions

1. For the purposes and under these Terms of Use, the following terms shall have the following respective meanings:

2. "you", "your", "User", "yourself" means a legal natural or legal person, who is a party to these Terms of Use and has successfully completed the registration and verification process.

3. "Company", "we", "our", "we" – Kryptobox OÜ, a private limited company incorporated under the laws of Estonia, and with its registered business address at Roosikrantsi 2-1024, 10119, Tallinn, Republic of Estonia.

4. "Cryptocurrency" – means any digital currency that is supported by the Company. The list of supported Cryptocurrencies is available on the Website. The list may be subject to change from time to time.

5. "Wallet" or "Account" – means a secure account to be used by a fully verified User to host, manage and transfer such Cryptocurrency.

6. "Service(s)" – Cryptocurrency exchange service that uses the platform to execute purchases and sales of the Cryptocurrency supported by the Company

7. "Transaction(s)" – completion of the sending, receiving, buying or selling of any Cryptocurrency supported through the Site.

8. "Exchange Rate" - the price of a Cryptocurrency, which is the basis for the Transaction towards the Fiat Currency and vice versa. The Exchange Rate used is obtained automatically from the Site.

9. "Fee" - the fee payable by the User to the Company for the execution of a Transaction and/or use of the Services.

10. "Fiat Currency" - the government-issued currency that is accepted by the Company. The list of Fiat Currencies supported and accepted by the Company is available on the Site.

11. "Force Majeure Event" – an event, or a series of related events, that is beyond the reasonable control of the Company (including failures or problems with the Internet or a portion thereof, hacker attacks, viruses or other malicious software attacks, blockchain network, power failures, industrial disputes affecting third parties, changes in laws, disasters, explosions, fires, floods, riots, terrorist attacks and wars).

12. "Party" or "Parties" – under these Terms of Use, separately the Company or the User, or jointly with the Company and the User.

13. "working day" means a calendar day that is not a Saturday, a Sunday, a national holiday or a public holiday in Estonia.

2. Introduction

1. General. In order to use the Services, you must have the legal capacity to enter into these Terms of Use or any agreement relating thereto. If you do not wish to be bound by these Terms of Use, you must leave the Site or the mobile application and cease making any use of the Services.

2. Privacy Policy.You acknowledge that the Privacy Policy (available on this website) (the "Privacy Policy") is an integral part of these Terms of Use, and by accessing the Site and using the Services, you agree that you have read, understood and accepted the Privacy Policy.

3. No financial advice. For the avoidance of doubt, the Company does not provide any investment advice, business advice, recommendations, guidance or any other schemes, in relation to the Services. The Company is not your broker, intermediary, agent or tax advisor and has no fiduciary relationship or obligation to you in connection with any decisions or activities made by you in the use of the Services.

4. Compliance with Applicable Laws. You must comply with all applicable laws, regulations, licensing requirements, and rights of third parties (including, without limitation, data privacy laws) in the course of using the Services. It is your sole responsibility to ensure that your use of the Services complies with applicable laws and regulations.

3. Eligibility, account and verification process

1. You must be at least 18 years of age and live in a country where our Services are accessible, have a sound mind and be able to form a binding contract under applicable laws, and be able to obtain responsibility for your decisions and actions, and fully accept these Terms of Use.

2. If you act as an agent of any legal entity or representative on your behalf and wish to use the Services and enter into these Terms of Use, you represent and warrant that you have obtained all documents, consents, necessary powers and authorizations to bind such legal entity.

3. You hereby represent and warrant that any information or data is true, accurate and complete, and you have never previously been suspended, removed or prohibited from using the Services or accessing the Site.

4. Certain identifying information is necessary to ensure and validate your identity. For example, your email address, password, full name, date of birth, place of birth, gender, residence address, country of birth, citizenship, official ID type and number, utility bill, bank account details, debit/credit card details, questionnaire for certain citizens, taxpayer identification number, company name, Official address of the company, company registration number, details of the board of directors or certain employees, shareholders and ultimate beneficial owners.

5. We reserve the right to verify such information provided by you in aid of other independent third party databases and/or service providers to verify its validity and accuracy, and we may also request copies of such documents to be authenticated at your own expense by a notary public, and we may request the initiation of a video call to identify you or through any available electronic means.

6. We may, in our sole discretion, refuse to open a Wallet, restrict any use of the Services, terminate, suspend or cancel any Transaction or the Wallet.

7. You hereby expressly represent and warrant that any use of the Services will be personal and non-commercial, and not on behalf of any other third party (without our prior written consent and except as permitted by applicable law). You acknowledge that it is forbidden to register multiple or linked accounts.

8. You accept any responsibilities or results that may occur from the actions, activities, acts or omissions of third parties with access to your Portfolio, you expressly acknowledge that any action taken by third parties will be considered an action authorized by you. For the avoidance of doubt, you agree that you will not hold us responsible for, and indemnify and hold us harmless from, any loss, damage, liability arising out of or related to any act or omission of any third party with access to your Wallet.

4. Cryptocurrency Exchange Services

1. The Services. The platform is designed to provide users with the opportunity to buy or sell cryptocurrency for fiat currency or another type of digital currency asset and vice versa. Please be aware that the Services may not be available, in whole or in part, in certain areas, countries or jurisdictions.

2. Commission. Any Transaction of a Cryptocurrency is subject to a commission that will be determined by us in our sole discretion and may change from time to time. The fee we charge will be displayed to you prior to the completion of any Transaction through the Site. You accept that any Transaction is subject to the Exchange Rate as quoted on the Site (you accept the Exchange Rate on the real-time transaction). We cannot guarantee the availability of any exchange rate, and we do not guarantee that you will be able to enter into any transaction in any particular way, price or time.

3. Authorization. When you purchase any supported Cryptocurrency, you authorize us to debit funds using your selected payment method to complete each Transaction, and when you sell any supported Cryptocurrency, you authorize us to debit your Wallet and send instructions to credit your selected payment method. You are responsible for maintaining sufficient credit limits to avoid fees that may be charged by your payment provider or others.

4. Property. The title of the Cryptocurrency will be transferred to you when the Cryptocurrency has been transferred to the Wallet. The Company will inform its Users about the successful and unsuccessful Transactions.

5. Limits. Use of the Services is subject to a limit on the volume, stated in Fiat Currency or Cryptocurrency, that you may transact or transfer within a given period.

6. Availability of Payments. The availability of a payment method depends on a number of factors, including your country and location, the identifying information you have provided to us, and the limitations imposed by third-party payment processors.

7. Unsupported cryptocurrencies. You are not permitted to use your Wallet to store, request or receive Cryptocurrencies in any way that we do not support, therefore we assume no responsibility or liability in connection with any attempt to use your Wallet for unsupported currencies that we do not support. Notwithstanding the foregoing, in our sole discretion, we reserve the right to add, change and remove the Cryptocurrencies supported on the Site.

8. Non-Cancellations. The User may not cancel, reverse or change any Transaction once completed or still pending. Transactions cannot be reversed once they have been submitted, and the User shall be responsible for the full amount of the Transaction and any deduction therefrom if the Transaction is interrupted or reversed for any reason by the User. We may also refuse to process or cancel any pending Transaction as required by law, regulation or any court or other authority to which the Company is subject in any jurisdiction.

9. Delays. The Company will use reasonable efforts to deliver the Cryptocurrency you have purchased in the fastest commercially reasonable time in accordance with these Terms of Use. You acknowledge that the delivery of the Cryptocurrency purchased by you may be completed separately from the payment process, and it may take time for the transfer of the Cryptocurrency to be processed. You also acknowledge that on some occasions the Company may not be able to fulfill your orders or deliver the Cryptocurrency, but may also be subject to the confirmation process within the blockchain and, as a result, deposits or withdrawals of Cryptocurrency (as applicable) are not complete while such confirmation process is in a pending status.

10. When conducting a Transaction, it is your responsibility to make sure that all details are accurate. Once a Transaction has been submitted for processing, it is usually no longer possible to change any of its details. Please note that cryptocurrency transactions are irreversible as we will attempt to process any request from you, however, there may be delays if you provide us with incorrect information.

5. Prohibited Use and Reporting.

1. It is illegal to use the Services or perform any transaction related to:

1. money laundering, terrorist financing, proliferation of weapons of mass destruction; trafficking in persons; drugs, narcotics or hallucinogens; weapons of any kind; illegal gambling services; any goods or services that are illegal or whose promotion, offer or marketing is illegal or which are offered in connection with illegal, obscene or pornographic content, depict children or minors in sexual postures, depict propaganda means or signs of unconstitutional organizations that glorify war or violate human dignity; P onzi, pyramid or any other "get rich fast" schemes; goods that are subject to any trade embargo; any goods or services, promotion, offer or marketing that infringe the copyright, industrial property rights or other rights of any person; and media that is harmful to minors and violates laws and, in particular, then provisions relating to the protection of minors;

2. You hereby represent and warrant that you will not:

1. provide false, inaccurate or misleading information; or refuse to provide confirmation of any information provided to us, or refuse to cooperate in any investigation; sell, assign, sublicense, transfer, distribute or lease access to the Site; use the Site in a manner prohibited by any laws or regulations that apply to the use of the Site, violate any applicable local, national or international law, or any regulations having the force of law; violate the public interests, public morals, or legitimate interests of other Users, including any actions that may interfere, disrupt, adversely affect, or prohibit other Users from using the Services; and make any use of the Site to carry out any fraudulent, inappropriate or illegal activities; and in any way, damage or impair any of our Intellectual Property rights, and you will not copy, record, translate or alter any part of the Site, Services or any part thereof, reverse engineer, disassemble or otherwise attempt to derive the source code of the Site, in whole or in part, except to the extent expressly permitted by law;

3. Reports of Acts of Suspicion.If the Company has any reason to suspect that the User uses the Services in connection with illegal activities, the Company will report the User's identity to any appropriate legal and/or regulatory authorities.

6. AML and KYC

1. You, as a legal entity, are responsible for complying with any and all AML and/or KYC requirements and obligations set forth in the most recent and applicable (EU) Directive and any other national or European Union legislation or regulation that applies to the User's activities.

2. You undertake to provide us, at our request, with all relevant information and documents collected as part of the AML and KYC procedures relating to any and all funds participating in Transactions conducted on our Site and the persons or rights related to such transactions. You undertake to provide us, at no cost and without delay, with information about the identity, background and relationships of such persons or entities and the origin and movement of such funds, as required by legal acts or any other acts and regulations applicable to the Company, including those that are specific to the Republic of Estonia.

3. In the event that the Company incurs liability or faces charges or is fined for failing to comply with the AML and KYC regulations, if such failure resulted from the User breaching the obligations set forth in the sections above, the User undertakes to compensate the Company fully for any direct and indirect costs or losses so incurred, and for any costs or losses that the Company may incur in relation to the filing and/or enforcement of the respective claim. in any institution or court of any jurisdiction.

7. Intellectual Property and Limited Use and User Content

1. The Sites and Services, User Content and all intellectual property related to and contained therein are owned by the Company or licensed to it by third parties. All right, title and interest in and to the Site and the Services shall remain the property of the Company and/or other third parties.

2. We grant you a limited, non-exclusive, non-transferable, revocable license, subject to the provisions of these Terms of Use, to access and use any of the available Sites and related content, materials, data and information solely for approved purposes, as permitted by us. Any other use of the Site is expressly prohibited. You must not attempt, or duplicate, publish, modify, create derivative works from, participate in the transfer or sale, post on the Internet, or in any way distribute or exploit the Site or the Services without the express written permission of the Company.

3. "User Content" means any posting, uploading, commenting or otherwise contributing content to the Service (e.g., images, text, messages, information, titles, descriptions and compilations and/or other types of content). You warrant and warrant that with respect to any User Content issued or posted, (1) you own or have the right to post such User Content and (2) such User Content or its use by the Company does not violate these Terms of Use or any other rights set forth below, applicable law or intellectual property, advertising, personality or other rights of third parties or imply any affiliation or endorsement of you or your User Content by the Company, entity or individual without the express written consent of the Company or such individual or entity. The Company may, but has no obligation to, monitor, review or edit User Content. In all cases, the Company reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in the Company's sole discretion, violates the Terms of Use. The Company may take these actions without prior notice to you or any third party. Removing or disabling access to User Content will be in our sole discretion, and we do not promise to remove or disable access to any particular User Content. You are solely responsible for all User Content that you post. The Company is not responsible for the User Content nor does it endorse any opinion contained in any User Content. You acknowledge and agree that posting any User Content that violates these Terms of Use may result in immediate termination or suspension of your Wallet.

4. You agree, accept and approve that in the event that any claim is brought against C ompany relating to the User C ontent that you post, then, to the extent permitted by applicable law, you will indemnify and hold harmless the Company from and against all damages, losses and expenses of any kind (including reasonable attorneys' fees and costs) arising out of such claim.

8. Processing of Personal Information

1. The Personal Information of any User or any other related persons and under these Terms of Use will be processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation) and the Company's Privacy Policy.

2. Detailed information about the processing of personal data by the Company and information about the rights of data subjects and their implementation can be obtained from the Privacy Policy available on the Website.

9. Safety

1. Your email address and password will be used to access your Account or Wallet and to be able to make use of the Services. Therefore, you are solely responsible for maintaining the strict confidentiality and security of your password and Account information. You may not disclose your password to any other person or third party, and you are solely responsible for any use or action taken, under your password or through the use of the Wallet. You understand that any compromise of your login information may expose your Wallet to unauthorized access, which may cause substantial damage, loss or theft of funds from your Wallet. We take security seriously and work hard to ensure that our users' information remains secure. If any User is aware of anyone or any entity that is using the Services inappropriately, please inform them as soon as possible.

2. We do not warrant that the Site will be secure or free from bugs or viruses. You must not abuse the Site by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site. You must not attack the Site through a denial-of-service attack or a distributed denial-of-service attack. We will report any such violation to the relevant law enforcement authorities and cooperate with these authorities by disclosing the User's identity to them. In the event of such a breach, the User's right to use the Site and/or Services shall cease immediately.

3. You are fully aware that we will not be liable for any damages or losses you may suffer due to any result of compromising your Wallet or login credentials when you unfollow or act on any notices or alerts we may send, and when no failure is caused or made by us. We do not promise or guarantee the sending of any alert notice, and you waive any claim or demand in such matter, and under any circumstances, the Company will not be liable for any incident when there is no failure caused by it.

4. We can enable a second-factor authentication feature as long as you have fully verified your phone number to enable second-factor authentication. You understand that you are responsible for keeping secure any electronic devices used to access the Wallet and maintaining security measures and control of your personal security details.

10. Export Controls and Sanctions

1. The Services and the Company Site may be subject to international export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Financial Action Task Force ("FATF") blacklisting of countries, UN sanctions, the European Union Sanctions list.

2. You warrant that (1) you are not located in any country to which the United States has embargoed goods or applied any economic sanctions; (2) not an individual or denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions; (3) you are not, under the control, nor do you reside and live in Iran, Sudan, North Korea, Belarus, Zimbabwe, Crimea, Iraq, Sudan, Congo, Cuba or Syria or any other country subject to the United States embargo, the FATF Blacklist, UN sanctions, the European Union or the financial sanctions regimes of the HM Treasury.

3. You agree to comply with all applicable export and re-export control laws and regulations. You agree that you shall not directly or indirectly acquire, sell, export, re-export, transfer, divert or otherwise dispose of any Services, products, software or technology (including products derived from or based on such technology) received from the Company or associated third parties under these Terms of Use to any destination, entity or person prohibited by any applicable laws or regulations of the EU and the United States or any other jurisdiction without obtaining prior authorization from the competent governmental authorities as required by these laws and regulations.

11. Third Party Payments, Website and Services

1. Your use of the Services may be integrated with or may interact with third-party applications, APIs, software, technology, websites, and content in order to make the Services available to you. These third party systems may have their own terms of use, privacy policies and your access to or use of these third party services or will otherwise be governed by and subject to their terms of use and privacy policies.

2. You understand and agree that the Company does not endorse and is not responsible for the behavior, features, services or content of any third party services or for any transaction you may enter into with the provider of such third party services, nor does it guarantee the continued compatibility or compatibility of the third party services and devices with our Services provided.

3. The Company has no control over or responsibility for the delivery, security, legality or any other aspect of any services that you may buy or sell to third parties. The Company is not responsible for ensuring that a third-party buyer or seller with whom you transact completes the transaction or is authorized to enter it. If you have a problem with any goods or services or otherwise purchased or sold to third parties using the Services, or if you have a dispute with that third party, you must resolve the dispute directly with that third party, and you agree and accept that we will not be under any liability.

4. The Company makes no warranties, representations or warranties regarding the time required to complete the processing of any request made by you using any third party services, including the use of debit/credit cards and bank accounts that depend entirely on factors beyond our control. Without derogating from the foregoing, the Company will make reasonable efforts to process your requests in a timely manner.

5. You understand and agree that we may use third-party service providers to assist in the processing of Transactions submitted by you. For the avoidance of doubt, you confirm that we may provide certain information and/or documents in connection with your use of our Services in connection with such Transactions, as permitted by laws, rules, policies and regulations, or as otherwise required by any investigation or dispute, or any other legitimate reason that such third parties deem appropriate and essential under any permitted law.

12. Disclaimer of Warranty

1. THE SERVICES AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, USABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO THE SITE, THE SERVICES OR ANY PART THEREOF, OR MATERIALS MADE AVAILABLE THEREIN, WILL BE COMPLETE, ERROR-FREE, CONTINUOUS, UNINTERRUPTED, ACCURATE, THAT DEFECTS WILL BE CORRECTED OR THE SERVER MAKING THE SITE AVAILABLE IS FREE OF VIRUSES AND BUGS AND MAKES NO REPRESENTATION REGARDING FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO THE RESULTS, OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES OR SITE.

2. ALL RISKS RELATED TO THE USE, QUALITY AND PERFORMANCE OF THE SERVICES OR WEBSITE ARE YOURS. IN ANY CASE, THE COMPANY WILL NOT BE LIABLE IF YOU LOSE YOUR PRIVATE KEYS, CREDENTIALS OR MISPLACE YOUR PASSWORDS FOR ANY REASON.

3. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, ENDORSEMENT, WARRANTY OR ASSUMES RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS OR SERVICES OR WEBSITE OR OTHERWISE (OR ITS CONTENT), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY THIRD PARTIES ON OR THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER, ADVERTISEMENT OR OTHER ADVERTISING METHOD AND THE COMPANY IS NOT RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OR OTHER INDIVIDUALS.

13. Limitation of Liability

1. IN NO EVENT SHALL THE COMPANY, ITS SHAREHOLDERS, ITS DIRECTORS, ITS AFFILIATES OR ITS SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS, BE LIABLE TO YOU OR TO ANY INDIVIDUAL OR ON YOUR BEHALF FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INTANGIBLE OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, CORRUPTION OF DATA, LOSS OF OR DAMAGE TO REPUTATION OR GOODWILL, LOSS OF OPPORTUNITY, AGREEMENTS OR CONTRACTS, OR ANTICIPATED SAVINGS, LOSS OF USE OF HARDWARE OR SOFTWARE AND LOSS OF ANY DAMAGE ARISING FROM YOUR USE OF THE SITE, THE MOBILE APP OR OTHER SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE SITES OR THE SERVICES.

2. THE COMPANY SHALL NOT BE LIABLE TO YOU IN ANY WAY FOR THE EXECUTION, TRANSMISSION, DELIVERY AND TRANSFER OF ANY DIGITAL CURRENCY IN THE EVENT THAT YOU PROVIDE INCORRECT OR INCOMPLETE PUBLIC KEY DETAILS AND DIGITAL WALLET ADDRESS OR THE COMPANY SHALL NOT BE LIABLE TO YOU IN ANY WAY FOR THE TRANSFER OF ANY DIGITAL FUNDS OR FUNDS WHEN YOU PROVIDE INCORRECT OR INCOMPLETE PAYMENT DETAILS.

3. THE COMPANY SHALL NOT BE LIABLE IN ALL CASES ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES, DEVICES, THIRD PARTY WEBSITES, SYSTEMS, SERVICES, APPLICATIONS, PAGES, SERVICES, CONTENT, REGARDLESS OF THE LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

4. THE COMPANY SHALL NOT BE LIABLE FOR BREACH OR IMPROPER PERFORMANCE OR DELAY OF OBLIGATIONS ARISING FROM THE AGREEMENTS OR CONTRACTS CAUSED BY FORCE MAJEURE OR ANY ACTION THAT IS NOT REASONABLY FORESEEABLE OR BEYOND ITS REASONABLE CONTROL.

5. YOU ACKNOWLEDGE AND AGREE THAT ANY CLAIM OR CAUSE OF ACTION THAT MAY ARISE OUT OF OR RELATING TO YOUR USE OF THE SITE, SERVICES OR THESE TERMS OF USE MUST BE FILED WITHIN THREE (3) YEARS AFTER THE OCCURRENCE OF SUCH EVENT, IF NOT, ANY CLAIM WILL NO LONGER BE VALID TO BE FILED OR THE RESULT WITH RESPECT TO SUCH CLAIM WILL BE A COMPLETE REJECTION AND MAY NOT BE HEARD AFTER ANY REASON.

6. THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS WILL BE EQUAL TO THE LESSER OF (A) THE AMOUNT OF THE CRYPTOCURRENCY HELD IN YOUR ACCOUNT AT THE TIME OF THE SPECEFIC BREACH; OR (B) THE VALUE OF THE SALE/PURCHASE OF THE CRYPTOCURRENCY IN SUCH DISPUTED TRANSACTION. HOWEVER, NOTHING IN THESE TERMS OF USE LIMITS THE COMPANY'S LIABILITY FOR FRAUD, INTENTIONAL MISCONDUCT, INTENTIONAL MISREPRESENTATION.

14. Indemnification and Release

1. You agree to indemnify, defend and hold harmless the Company, its shareholders, affiliates and service providers, and any of their respective employees, officers, officers, directors and agents, from any claims, demands, liabilities, damages, expenses or costs (including attorneys' fees, fines or penalties) arising out of or related to (a) any breach of these Terms of Use or other agricultural benefit related thereto; (b) any use of the Site or access to the Site or use of Services, including any as a result of any posting of content, promoting or otherwise contributing; (c) any violation by you of any law, rule, regulation; and (d) violation or violation of any rights of third parties.

2. Any disputes between you and any other User shall be resolved solely between you and such User, and you agree to release the Company, its shareholders, its affiliates and its service providers, and each of their respective officers, officers, directors, agents, joint ventures, employees and representatives, from any and all claims, demands, costs, expenses, losses and damages of any kind and kind arising out of or in any way related to such Disputes.

15. Suspension and Termination

1. The Company reserves the right to suspend or terminate, at any time and in its sole discretion, these Terms of Use and/or the User's Wallet/Account (or certain functionalities thereof, such as uploading, receiving, sending and/or withdrawing funds), for any reason, including, but not limited to, the following:

If the Company believes that it is necessary to protect the security of the User's Wallet; or if any Transactions are made, which the Company, in its sole discretion, deems (a) to be made in violation of these Terms of Use or in violation of the Company's security requirements; or (b) suspicious, unauthorized or fraudulent, including, without limitation, in connection with money laundering, terrorist financing, fraud or other illegal activities; or on the insolvency, liquidation, liquidation, bankruptcy, administration, judicial liquidation or dissolution of the User, or when the Company reasonably considers that there is a threat of the same in relation to the User; or when anything occurs that, in the opinion of the Company, suggests that the User will be unable to provide or otherwise fulfill its obligations to the Company or third parties; or when there is a material adverse change in the User's circumstances, or a change in the User's business or the User's services, which the Company considers, in its sole discretion, material for the continuation of the Company's Services; or if the User violates or attempts to violate the security of the Site, including, but not limited to, modifying or attempting to modify any information, unauthorized logins, unauthorized access to or deletion of data, interference with the Services, system, host or network, reverse engineering of any kind, spamming, hacking, data falsification, introduction of viruses, Trojan horses, worms or other destructive or harmful programs or mechanisms; or test security in any way.

2. The Company shall make reasonable efforts to inform the User of any suspension, or if this is not practicable, immediately after and give its reasons for such suspension, unless informing the User would compromise security measures or is prohibited by law.

3. The Company reserves the right (in its sole discretion) to suspend its Services and/or the User Wallet at any time when it is required to do so in accordance with relevant and applicable laws and regulations.

4. You may terminate the Terms of Use and request the termination of your Account at any time by sending us an email. Such termination of the Terms of Use and Account will be effective upon the closure of your account (including username and password), which will occur within 45 business days of receipt of your email and other information we may require. You will remain responsible for any activity on your Account between the period of sending such email until the completion of the closing of your Account.

5. Upon termination, we may keep any record of information relating to you as required by any local or international law, regulation, government or court order, and for security reasons we deem necessary, and after such order or regulation no longer exists, we will follow the necessary procedures to dispose of any and all data or information relating to you, subject to the extent permitted by any applicable law and regulation.

16. Risks

1. There are a number of risks associated with Cryptocurrencies. The value of Cryptocurrencies can rise or fall rapidly and therefore this may not be suitable for the User as a store of value. If the value drops substantially, the User may not be able to sell the User's Cryptocurrencies at the same Exchange Rate that the User purchased them. By using our Services, the User agrees that the User shall have no legal claim or right of action against the Company in relation to any drop in the value of the Cryptocurrencies.

2. Cryptocurrencies are still autonomous digital systems. These systems rely on peer-to-peer networking and encryption to maintain their integrity. Buying or selling cryptocurrencies can be susceptible to irrational (or rational) bubbles or loss of trust, which could collapse demand relative to supply. For example, trust can collapse because of unexpected changes imposed by software developers or others, a government crackdown, the creation of superior competing alternative currencies, or a deflationary or inflationary spiral. There may be additional risks that we have not foreseen or identified in the Terms of Use.

17. Complaints

1. If you wish to make a complaint about any aspect of the Services, the complaint must be made in writing in electronic form to the following email: support@kryptobox.io

2. We will acknowledge receipt of your complaint within 10 working days. We will investigate this complaint and respond to you with the results of our investigation no later than 20 business days from receipt of your complaint.

3. For the avoidance of doubt, we will not tolerate any insulting behavior exhibited by any User towards our managers, officers, employees or affiliates. If we become aware of any inappropriate behavior, or if your behavior has been abusive or disrespectful to any of our employees, such actions will be considered a violation of these Terms of Use, and we will have the right to terminate these Terms of Use and close your account immediately.

18. Dispute Resolution and Applicable Law

1. All disputes arising out of these Terms of Use will be resolved by the negotiations of the parties. If disputes resulting from these Terms of Use cannot be resolved by the Parties' negotiations within a reasonable time, the dispute will be resolved by arbitration as detailed below.

2. If it has not been possible to resolve matters amicably as detailed above, you and the Company agree that any dispute, claim or controversy arising in connection with or relating in any way to these Terms of Use (including their interoperation, execution, validity and termination or otherwise) will be determined by the applicable courts in Tallinn, Estonia. The laws of Estonia apply to these Terms of Use.

3. You agree and agree to keep confidential all matters relating to any communication, claim, dispute, demand and controversy, including related proceedings, to the extent possible. For the purposes of this provision, references to the Parties shall also include their respective affiliates, agents, employees, predecessors, successors and assigns.

19. Accuracy and Accessibility of the Site.

1. The Company cannot guarantee or promise you that the Site and Services will be available without any interruption, nor can we guarantee that any Transaction will be executed and accepted without any delay, therefore response times may be delayed. The Company shall not be liable for any loss or damage resulting from or arising from delays in the Transaction. In addition, the Site or the Services may not be fully accurate and complete, and we reserve the right, under any applicable law, to update, alter, alter or modify the information, data or any other materials from time to time without any obligation to notify you. It is your sole responsibility to verify any information displayed on the Site and while using the Services. We will not be held responsible for any decision you make based on such information.

20. Taxes

1. We are not, and will not, under any circumstances, be deemed to provide any accounting, tax advice or consultation. It is your sole and exclusive responsibility to determine and investigate whether, and to what extent, any taxes apply to any Transaction you perform through your use of the Services, and to retain, collect, report and remit the correct amount of taxes to the appropriate tax authorities under the relevant jurisdictions.

21. Feedback, comments and questions

1. If you have any feedback, questions, and requests about our Services, please contact us at support@kryptobox.io

2. You acknowledge that we hold any feedback, suggestions, ideas or other information related to the Services or the Site that you may provide by email. You agree to transfer all right, title, ownership and interest in any feedback or idea or suggestion or improvement and all related intellectual property rights to us. You waive any request for recognition or compensation based on any modifications based on any suggestion, feedback, idea and improvement.

22. Force majeure

1. The Company shall not be liable in any way for failure in performance due to any Force Majeure Event. By using the Services, to the extent permitted by applicable law, the User agrees that no Party (including, without limitation, the Company) shall be liable for any damage or loss or otherwise arising out of, or in any way connected with, any Force Majeure Event.

23. No waiver

1. The Company's failure to require or enforce strict compliance with any provision of these Terms of Use or to exercise any right under the Terms of Use shall not be construed as a waiver or waiver of the Company's right to assert or rely on any provision or right (or any other provision and/or right contained herein in its entirety, as the case may be) in this or any other instance.

24. Communications

1. All communications from the Company will be provided to you by electronic means at the email address you provided when accessing the Services. You agree and consent to receive electronically all documents, notices, agreements, updates, communications regarding your Wallet and your use of the Services, including, without limitation, confirmations, personal details, account details, regulatory, legal, customer support responses, updates to these Terms of Use and Privacy Policy, and otherwise any information relevant to your use of the Services. We will not be liable for any damage you may suffer as a result of your failure to receive any notice or message provided to you in connection with these Terms of Use or your use of the Services, provided that such notice is provided to that email address.

2. You warrant and are responsible for keeping your email address and phone number updated in your Account profile so that you can receive any notices or alerts we may send you.

25. Changes and Modifications

1. The Company may change, alter, modify and waive any provision of these Terms of Use, in its sole discretion, from time to time for any reason, and including, without limitation, as a result of any laws, rules and regulatory changes and security reasons in connection with the Services.

2. Unless expressly stated otherwise in the Terms of Use, we will notify you of any changes by posting a new version of the Terms of Use on the Site. The new version of the Terms of Use will be effective immediately upon its posting on the Site (or earlier if required by any law, regulation or directive that applies to us or you). Your use of the Services after any modification constitutes your acceptance of such new version of the Terms of Use.

26. Entire Agreement

These Terms of Use, including any exhibits, forms and timelines, comprise all understanding and agreements between you and the Company as to the subject matter hereof, and supersede any and all prior written or oral representations, discussions, agreements and understandings, to the extent they relate in any way to the subject matter hereof.

27. Divisibility

If any provision of the Terms of Use is found to be illegal or unenforceable under a relevant jurisdiction, in whole or in part, such provision shall be ineffective only to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions, which shall continue in full force and effect.

28. General Provisions

1. Privacy of Other Users. If you receive any information relating to another User through our Services, you are required to keep the information confidential and may not disclose or distribute it to third parties or use the information except as reasonably necessary to perform a transaction and other functions reasonably incidental to it.

2. Survival. Any provisions hereof that expressly or by their nature are necessary to survive the termination or expiration of this Agreement in order to achieve their purpose will survive until it is no longer necessary for them to survive to achieve that purpose.

3. Change of Control. In the event that the Company is acquired or merged with or in any third party, we reserve the right, in these circumstances, to transfer or assign any and all information that has been collected from you or voluntarily provided by you, including any personal information, and these Terms of Use, as part of such merger, acquisition, sale or other change of control.

4. Assignment and Transfer. You may not transfer or assign any of the obligations, interests and rights granted to you under these Terms of Use, including, without limitation, the right to use the Services, which is solely for your personal use, without the written consent of our Company. We reserve the right to assign all obligations or rights without restriction, including, without limitation, any agents, affiliates or any successor in interest in any business associated with our Services. Any attempted transfer or assignment in violation of this document shall be null and void. Subject to the foregoing, these Terms of Use shall be binding upon and inure to the benefit of the parties and their permitted successors or assigns.

5. Relationship of the Parties. Notwithstanding any provision contained herein, you and the Company are independent contractors, and nothing in these Terms of Use shall be deemed to create between you and the Company any other form of relationship, the parties do not create, and do not intend to create through this, any joint venture, partnership or other similar cooperative venture. You understand that you are not authorized to deliver any obligations, promises or representations on behalf of the Company or any associated individuals, including agents, employees, directors and managers.

6. Third party. Unless expressly stated otherwise, nothing in the Terms of Use shall create or confer any rights or any other benefits on any third party.


Thank you for reading the Terms of Use!

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