Last updated: November, 20, 2014
You must be an individual of at least 18 years of age to enter into this Agreement. In order to link a bank account, debit card or credit card to your account, you must be at least 18 years of age. Use of certain Services may have further eligibility requirements that will need to be verified prior to you using such Services.
We may also not provide all or some of our Services to certain persons or regions if, for example, in doing so, we would not be able to comply with the laws relating to our Services in such circumstances.
You may open only one Ex-Crypto account. If you attempt to open more then one account, such additional account(s) may be suspended or terminated.
When registering for your account, you must provide current, complete, and accurate information for all required elements on the registration page. If any of this information changes, it is your obligation to update such information as soon as possible. From time to time, we may also require you to provide further information as a condition for continued use of the Services. If you wish to convert local currency to bitcoin by linking a bank account, debit card, or credit card, you authorize Ex-Crypto, directly or through third parties, to make any inquiries we deem necessary to validate your identity (If this needed). This may include requesting further information about you such as your date of birth, email address, physical address, tax identification number, and bank account or credit card information so that we can confirm your identity. We reserve the right to maintain your account registration information after you close your account for business and regulatory compliance purposes.
In order to prevent fraud and to comply with international law as well as federal and state laws, if you want to link a bank account, debit card, or credit card in order to make a deposit, we need to make sure that you are who you say you are. If you are depositing bitcoin from an external wallet or address, then these steps will not be necessary.
By entering into this Agreement, you agree to receive electronic communications and notifications.
Printing and mailing correspondence, disclosures, and account statements takes time and money, so we like to handle these matters electronically.
This Agreement is provided to you and concluded in English. We will also communicate with you in English for all matters related to your use of our Services. Where we have provided you with a translation of the English language version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of the Agreement will govern your use of the Services.
You are responsible for maintaining the confidentiality and security of any and all account names, user IDs, passwords, personal identification numbers (PINs), and mobile unlock codes that you use to access the Services. You are responsible for keeping your email address up to date in your Ex-Crypto Account profile and for maintaining the confidentiality of your user information. You agree to (i) notify Ex-Crypto immediately if you become aware of any unauthorized use of the Services or any other breach of security regarding the Services at [email protected] and (ii) ensure that you sign out of your account at the end of each session when accessing the Services. Ex-Crypto will not be liable for any loss or damage arising from your failure to protect your account information.
We shall not bear any liability for any damage or interruptions caused by any computer viruses, spyware, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack. We advise the regular use of a reliable virus and malware screening and prevention software. If you question the authenticity of a communication purporting to be from Ex-Crypto, you should log in to your account through the Ex-Crypto website (https://www.ex-crypto.com), not by clicking any links contained in such communication.
We go to great lengths to protect your account, but we need you to do the same. It is important that you always protect not only your Ex-Crypto password but also the email account associated with your account and any device used to access your account.
We may, without liability to you or any third party, refuse to let you open an account, suspend your account, or terminate your account or your use of one or more of the Services. Such actions may be taken as a result of account inactivity, failure to positively identify yourself, if we believe your account has been compromised, in order for us to comply with laws or regulations, or your violation of the terms of this Agreement (including, but not limited to, Sections 16 and 17). If you have bitcoin remaining in an account which has been suspended or closed, you will be able to access such bitcoin and withdraw them to an external bitcoin address (unless prohibited by law or a court order). If you are unable to login to your account because it has been suspended, you must contact us [email protected] to process such withdrawal. If you have linked a bank account, debit card, or credit card to your account, we reserve the right to require you to provide further identifying information before processing such withdrawal or transfer.
You may terminate this Agreement at any time by closing your account and discontinuing use of the Services. Upon termination of this Agreement and your account, you remain liable for all transactions made while the account was open.
If you use Ex-Crypto to commit crime, we can close your account. If you attempt to link a bank or card and fail identity verification when doing so, you will still be able to access your bitcoins. If your account is closed, we may require you to complete additional identity verification and fraud prevention steps in order to access funds in that closed account. Requirements are generally more complicated around bank and card use than they are around bitcoin use.
Ex-Crypto provides you with a secure and convenient way to establish and account for purposes of (i) depositing local currency in exchange for bitcoin, (ii) storing bitcoin, and (iii) sending and receiving bitcoin (and some other cryptocurrencies). Your account is not a bank account.
Ex-Crypto is an independent contractor for all purposes and is not your agent or trustee. Ex-Cryptodoes not have control of, or liability for, any products or services that are purchased or sold by third parties using the Services. Ex-Cryptodoes not guarantee the identity of any user or other party or ensure that a buyer or seller is authorized to complete a transaction or will complete a transaction. Ex-Cryptois not liable for any losses or issues that may arise from such third party transactions, including, but not limited to, legality, quality, delivery, or satisfaction with any products purchased. If you are not satisfied with any goods or services purchased from, or sold to, a third party using the Services, you must handle those issues directly with the third party seller or buyer, as applicable.
If you use your Ex-Crypto account to send money to someone in exchange for a product or service, and you have a problem with that product or service, you will need to resolve that dispute directly with the third party.
To the extent you access the Services through a mobile device, your wireless service carrier's standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain mobile applications may be prohibited or restricted by your carrier, and not all Services may work with all carriers or devices. By using mobile Services, you agree that we may communicate with you by SMS, MMS, text message, push notification, and/or other electronic means via your mobile device and that certain information about your usage of the Services may be communicated to us. In the event that you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to any person who might acquire your old number.
In order to pay for server space, bandwidth, programmers, designers, and other costs, Ex-Crypto imposes a standard: Fee - 0.2% - 0.5%. fee on every trade transaction performed by all users of the website. This transaction may vary and may be different for each individual account and pairs.
When you convert local currency to bitcoin you are receiving those bitcoin directly from Ex-Crypto(or its affiilated entities), and when you convert bitcoin to local currency you are receiving that local currency directly from Ex-Crypto(or its affiilated entities). Ex-Cryptodoes not charge any fees for deposits and withdrawals from bank accounts, secure storage, insurance, or for any bitcoin-to-bitcoin transactions. If you choose to deposit funds using a debit card or credit card, you will incur a fee payable to us that will be disclosed to you at the time of such deposit. You also agree to pay any other fees that are disclosed to you with respect to the Services or that may be charged by your bank, card issuing institution, phone carrier or internet service provider.
If you link a bank account to your Ex-Crypto account, you should not be charged any fees. If you choose to deposit by credit card, there will be an additional processing charge to cover bank fees, and it is possible that your bank might charge additional fees such as cash advance fees and, if your card is not issued by a US bank, your bank may charge you foreign exchange conversion fees.
By linking a bank account, debit card, or credit card to your account, you authorize Ex-Cryptoto communicate with your bank or card issuer (as the case may be) to provide or obtain any information required by Ex-Cryptoor your bank or card issuer in connection with us providing the Services to you. By providing this information, your bank is not endorsing Ex-Cryptonor are they in any way responsible for the Services.
When you use your bank account, debit card, or credit card to deposit funds, you are requesting an electronic transfer of funds. For bank account transactions, Ex-Cryptowill make electronic fund transfers from your bank account in the amount you specify. You agree that such requests constitute your authorization to Circle to make such transfers. Once you have provided your authorization for a transfer, you will not be able to cancel the electronic transfer. You hereby give Ex-Cryptothe right to resubmit any electronic fund transfer you authorized that is returned for insufficient or uncollected funds. You also authorize us to amend your Ex-Cryptoaccount activity to correct such error. You authorize Ex-Cryptoto take necessary action to reverse, credit, or debit any payment in connection with any necessary chargebacks, reversals, refunds, or adjustments.
Ex-Cryptodoes not guarantee the value of bitcoin (or other cryptocurrencies). The value of bitcoin (and other cryptocurrencies) can rapidly increase or decrease at any time. You acknowledge that the price or value of bitcoin may fluctuate and that the conversion rate (the "Conversion Rate") for converting local currency into bitcoin may not be the same Conversion Rate that applies when converting bitcoin into local currency. You will always be shown the applicable Conversion Rate for a transaction prior to consummating the transaction. You agree to deliver the agreed upon payment for bitcoin (and other cryptocurrencies) upon confirmation of an order, regardless of changes in bitcoin value. The Services do not involve any extension of credit to you, and no credit is extended to you in connection with your use of the Services. In the event you are entitled to a refund or other payment by Ex-Crypto, Ex-Cryptoshall have no liability for any losses resulting from a change in the Conversion Rate that may have occurred since the time of the original transaction. We are not responsible for any processing delays that may result in connection with any deposit, withdrawal, or transaction.
The conversion rate of bitcoin to local currency is constantly changing. If a deposit attempt fails and the value of bitcoin rises before you are able to successfully complete a deposit, we are not responsible for any value lost due to that conversion rate change.
In the event that any bitcoin (and other cryptocurrencies) held in your account are lost or stolen as a result of a direct breach of Ex-Crypto's digital or physical storage facilities, such bitcoin reserves are fully insured, subject to the terms and conditions of Ex-Crypto's insurance policy with Marsh Insurance. If your bitcoin are lost or stolen as a result of your own failure to maintain proper security protocols in accordance with Section 5, such loss is not covered by Ex-Crypto's insurance. Your account is not covered by any government-backed deposit insurance scheme.
If Ex-Crypto's security measures are compromised, we have you covered up to your full account balance. If someone is able to gain access to your account as a result of a phishing scam, by gaining access to your phone and computer, or otherwise, that is not covered by our insurance.
Ex-Cryptoreserves the right to change the deposit, withdrawal, conversion, storage, and velocity limits on your account as well as the availability of the Services as we deem reasonably necessary. We may establish individual or aggregate transaction limits on the dollar amount or number of deposits or withdrawals you make during any specified time period.
Ex-Crypto reserves the right to change the deposit, withdrawal, conversion, storage, and velocity limits on your account as well as the availability of the Services as we deem reasonably necessary. We may establish individual or aggregate transaction limits on the dollar amount or number of deposits or withdrawals you make during any specified time period.
We reserve the right to change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of any feature, without notice and without liability. We may decline to process any deposit or withdrawal without prior notice and may limit or suspend your use of one or more Services at any time, in our sole discretion. Suspension of your use of any of the Services will not affect your rights and obligations pursuant to this Agreement. We may, in our sole discretion, delay deposits or withdrawals if we believe the transaction is suspicious, may involve fraud or misconduct, violates applicable laws, or violates the terms of this Agreement.
If your account has insufficient funds or a deposit is rejected or reversed, Ex-Cryptomay deduct amounts you owe from the balance of your account or from funds you subsequently deposit or receive into your account. If you have more than one account, Ex-Cryptomay set off the negative balance in one account by using any balance that you hold in your other accounts. To secure your performance of this Agreement, you grant to Ex-Cryptoa lien on and security interest in and to the balances in your account.
For example, if you deposit $50 by credit card and that deposit is reversed by your bank after you've spent the funds, we reserve the right to deduct $50 from your account balance or your next deposit.
Once a bitcoin transaction has been initiated, it cannot be reversed. Deposits using a bank account, debit card, or credit card may be reversed or may be subject to a chargeback or related claim. Except as set forth in this Agreement, all payment transactions processed through the Services are non-refundable. You may have additional refund or charge-back rights under your agreement with the recipient of such funds, your bank, or applicable law. You should periodically review statements from your bank, which should reflect all applicable payment transactions made using that payment method. You can also always access the record of your Ex-Cryptotransactions by logging into your account.
In connection with your use of Services, you hereby agree that you will not:
Using the Services to make the following types of payments is prohibited, and Ex-Cryptoreserves the right to monitor for payments that relate to:
Ex-Cryptowill maintain a record of your transaction history, which you will be able to access through your Ex-CryptoAccount for purposes of making any required tax filings or payments, but it is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and to collect, report, and remit the correct tax to the appropriate tax authority.Ex-Cryptowill make any tax withholdings or filings that we are required by law to make, but Ex-Cryptois not responsible for determining whether taxes apply to your transaction, or for collecting, reporting, or remitting any taxes arising from any transaction.
You agree to indemnify and hold Ex-Crypto, its affiliates, and service providers, and each of their officers, directors, agents, joint venturers, employees, and representatives harmless from any claim or demand (including attorneys' fees and any losses, fines, fees, or penalties imposed by any regulatory authority) arising out of your breach of this Agreement, your violation of any law or regulation or your use of the Services.
For the purpose of this Section 19, the term "losses" means all net costs reasonably incurred by us or the other persons referred to in this Section which are the result of the matters set out in the Section 19 and which may relate to any claims, demands, causes of action, debt, cost, expense or other liability, including reasonable legal fees (without duplication).
'Indemnify' means to compensation someone for the harm or loss they may suffer. If you breach this Agreement or violate the law and it results in Ex-Crypto facing claims or expenses, you agree to cover those losses.
If you have a dispute with one or more users or third parties, you release Ex-Crypto(and its affiliates and service providers, and each of their officers, directors, agents, joint ventures, employees, and representatives) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.
If you have a dispute with anyone other Ex-Crypto, you release us from liability associated with that dispute.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EX-CRYPTOAND OUR AFFILIATES AND SERVICE PROVIDERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CIRCLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES.
We will not be liable for "exemplary damages" (often called punitive damages) or other indirect losses. So if we do something wrong that costs you $100, our liability is limited to that $100.
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 LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES AND CLOSE YOUR ACCOUNT.
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. EX-CRYPTO, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. EX-CRYPTO MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.
We cannot guarantee that Ex-Crypto is going to always meet your demands. As we grow we will likely add new services, change certain features and drop old features. We hope you are always happy with Ex-Crypto, but we can't contractually guarantee you will be.
Ex-Crypto will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner, but Ex-Cryptomakes no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.
Ex-Crypto shall have no liability for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood, or other acts of God, labor conditions, power failures, equipment failures, and Internet disturbances.
This section allows our lawyers to demonstrate that not all legal terms are Latin. Some are French.
We may amend any portion of this Agreement at any time by posting the revised version of this Agreement with an updated revision date. The changes will become effective, and shall be deemed accepted by you, the first time you use the Services after the initial posting of the revised User Agreement and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services and close your account. You agree that we shall not be liable to you or any third party as a result of any losses suffered by any modification or amendment of this Agreement.
If the revised Agreement includes a material change we will provide you with 30 days prior notice via our website and/or email before the material change becomes effective. For this purpose a "material change" means a significant change other than changes that (i) are to your benefit, (ii) are required to be made to comply with applicable laws and/or regulations or as otherwise required by one of our regulators, (iii) relates to a new product or service made available to you, or (iv) to otherwise clarify an existing term.
As Ex-Crypto grows and offers new products and services, we will need to make changes to this Agreement. If we make a big change, we'll give you 30 days notice. You can always tell when this Agreement was last changed by checking the "Last Updated" date at the top of the Agreement.
You may not transfer or assign this Agreement or any rights or obligations you have under this Agreement without our prior written consent, by operation of law or otherwise and any such attempted assignment shall be void. We reserve the right to freely assign or transfer this Agreement and the rights and obligations of this Agreement, to any third party at any time without notice or consent. If you object to such transfer or assignment, you may stop using our Services and terminate this Agreement by contacting Support at [email protected] and asking us to close your account.
Upon termination of your account or this Agreement for any other reason, all rights and obligations of the parties that by their nature are continuing will survive such termination.
If you grant express permission to a third party to connect to your account, either through the third party's product or through Ex-Crypto, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you will not hold Ex-Cryptoresponsible for, and will indemnify Ex-Cryptofrom, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
Ex-Crypto strives to provide accurate and reliable information and content on the Ex-Crypto website, but such information may not always be correct, complete, or up to date. Ex-Cryptowill update the information on the Ex-Crypto website as necessary to provide you with the most up to date information, but you should always independently verify such information. The Ex-Crypto website may also contain links to third party websites, applications, events or other materials ("Third Party Content"). Such information is provided for your convenience and links or references to Third Party Content do not constitute an endorsement by Ex-Crypto of any products or services. Ex-Crypto shall have no liability for any losses incurred as a result of actions taken in reliance on the information contained on the Ex-Crypto website or in any Third Party Content.
From time to time we might post helpful links or articles on our website, but you should investigate those sources on your own.
We grant you a limited, non-exclusive, non-sublicensable, and non-transferable license, subject to the terms and conditions of this Agreement, to access and use the the Services solely for approved purposes as determined by Ex-Crypto. Any other use of the Services is expressly prohibited. Ex-Cryptoand its licensors reserve all rights in the Services and you agree that this Agreement does not grant you any rights in or licenses to the Services except for the limited license set forth above. Except as expressly authorized by Ex-Crypto, you agree not to modify, reverse engineer, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in whole or in part. If you violate any portion of this Agreement, your permission to access and use the Services may be terminated pursuant to this Agreement. "Ex-Crypto.com", "Ex-Crypto", and all logos related to the Services are either trademarks, or registered marks of Ex-Cryptoor its licensors. You may not copy, imitate, or use them without Ex-Crypto's prior written consent. All right, title, and interest in and to the Ex-Cryptowebsite, any content thereon, the Services, and all technology and any content created or derived from any of the foregoing is the exclusive property of Ex-Cryptoand its licensors.
We grant you access to use all of our products and services, but we still own the intellectual property associated with these products and services.
If Ex-Crypto is holding funds in your account, and Ex-Crypto is unable to contact you and has no record of your use of the Services for several years, applicable law may require Ex-Crypto to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Ex-Crypto will try to locate you at the address shown in our records, but if Ex-Cryptois unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. Ex-Crypto reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
If you haven't logged into your Ex-Crypto account for a number of years and we are unable to get in touch with you, we may be obligated under law to consider your account abandoned and we might then be required to transfer your account balance to a body designated by law.
The Services are subject to United States Export Administration Regulations, and, by using the Services, you represent that your actions are not in violation of such export control restrictions. Without limiting the foregoing, you may not use the Services if (i) you are a resident, national or agent of Cuba, North Korea, Sudan, Syria, or any other country to which the United States embargoes goods ("Restricted Territories"), (ii) you are on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals ("Restricted Persons"), or (iii) you intend to supply bitcoin (and other cryptocurrencies) or otherwise transact with any Restricted Territories or Restricted Persons.
If you have a dispute with us, please contact us and we will aim to resolve the matter quickly. You may also choose to contact the European Consumer Centre (ECC-Net). You may obtain further information regarding the ECC-Net and how to contact them at (http://ec.europa.eu/consumers/redress_cons/).
The terms of this User Agreement are governed by the laws of the Republic of Ireland. This means that this Agreement and any dispute or claim arising out of or in connection with it will be governed by the laws of the Republic of Ireland. You agree with us that, as you are a consumer, the courts in the permitted region where you are resident will have non-exclusive jurisdiction.
This means for example, that if you are a resident in England, you may bring proceedings in England.
The failure of Ex-Crypto to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties.
This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and Ex-Cryptoand other Ex-Cryptoaffiliates which each shall be a third party beneficiary of this Agreement, and no other person shall assert any rights as a third party beneficiary hereunder.
Please contact us at [email protected] to report any violations of this User Agreement or to ask any questions regarding this User Agreement or the Services.