1. Enforcement & Amendments
1.3 We reserve the right to alter, amend or modify these Terms from time to time, in our sole discretion.
2. Provided Services
2.1 Our Services provide you with a possibility to Exchange one type of crypto asset to another one.
2.2 For the purposes hereof "Exchange" shall mean an exchange of the crypto asset of one type to the crypto asset of another type at the terms and conditions set forth by exchanging parties, which is executed via the Third-party service in respective block-chain network. When you exchange crypto assets you acknowledge and agree that the Exchange will be processed through the third-party exchange service with additional fees applicable to such Exchange. You acknowledge and agree that the exchange rates information made available via the Services are an estimation only and may differ from prevailing rates available via other sources outside of our Services.
2.3 "Crypto Assets" herein shall be deemed as type of assets which can only and exclusively be transmitted by means of blockchain technology, including but not limited to digital coins and digital tokens and any other type of digital mediums of exchange, such as Bitcoin, Ethereum, Ripple, etc, to the full and absolute exempt of the securities of any kind.
2.4 In order to perform the Exchange via our Services, our system will automatically generate the particular address, which contains information about the User; (ii) the crypto asset that User wants to exchange and the crypto asset that User wants to receive (jointly - "crypto pair"); and (iii) the recipient address provided by the user (the address where exchanged crypto assets will be deposited).
2.5 YOU INDEMNIFY AND HOLD CoinBlockDesk HARMLESS AGAINST ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUTNOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM YOUR PERSONAL ERROR AND MISBEHAVIOR SUCH AS INCORRECT USE OF ADDRESS, INCORRECTLY CONSTRUCTED TRANSACTIONS ETC.
2.6 CoinBlockDesk does not provide custodial services, which means, we do not store your crypto assets on deposits and balances. In limited cases such as e.g. necessity to carry out “Anti-Money Laundering” and “Know Your Customer” procedure, your Exchange may be delayed. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE, THAT ANY DELAYS ARE POSSIBLE; YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE EXCHANGE DELAY, WHETHER ORIGINATED FROM OUR FAULT OR NOT.
2.8 CoinBlockDesk service will not enter a business arrangement with individual or entity suspected of or directly involved in money laundering, or in which the funds have been the source of illegal activity.
2.9 When using the "Fixed exchange rate" option, your rate gets "locked" for 10 minutes, meaning it remains the same irrespective of the changes on the market. You acknowledge and agree that for the Fixed exchange rate option the exchange rate information available on the Website may be different from the exchange rates for the Floating exchange rate option. CoinBlockDesk cannot guarantee the execution of a Fixed exchange rate transaction in some cases, including, but not limited to the following ones:
2.9.1 user sent crypto assets more than 10 minutes after clicking the “confirm & make payment” button when exchanging via the Fixed exchange rate option(in this case, the recalculation takes place based on the current exchange rate);
2.9.2 user sent an amount of crypto assets different from the amount to be sent that was displayed on the Website, or did not account for the relevant withdrawal and network fees, thus sending an amount that is too small (in this case, an exchange will be made at the current exchange rate at the time of receipt of funds);
2.9.3 user sent crypto assets to a previously used one-time address that had been generated for a Fixed exchange rate transaction;
2.9.4 user sent crypto assets to a generated order address in several transactions(in this case, CoinBlockDesk will made a refund to a customer minus all applicable fees).
2.9.5 If the market situation allows us to make the exchange, the exchange will process automatically at the rate that was confirmed by the customer at the beginning of the exchange.
2.9.6 If the market situation is such that the exchange cannot be executed anymore, the crypto assets that the user wants to exchange will be refunded, if at all possible, less all applicable fees.
2.9.7 CoinBlockDesk will be able to return the crypto assets to the user. The crypto assets will be sent manually from an exchange market we work with, less all applicable fees. A refund in such cases usually takes up to 24 hours
3.1 Prior to your use of the Services and on an ongoing basis you represent, warrant, covenant and agree that:3.1.1 you use our Services at your sole option, discretion and risk;
3.1.2 you are solely responsible for any applicable taxes which may be payable while using our Services;
3.1.3 you are NOT present in the territory, under control or are not a citizen or resident of Afghanistan, American Samoa, the US Virgin Islands, Guam, Iran, Yemen, Libya, Pakistan, the State of Palestine, Puerto Rico, Somalia, the Democratic People's Republic of Korea, the Northern Mariana Islands, the USA, Syria, the Russian Federation, the Republic of Belarus, the Republic of Sudan, Transnistria, Abkhazia, South Ossetia, the Turkish Republic of Northern Cyprus, Western Sahara, the Federal Republic of Amazonia, Kosovo and the temporarily occupied territory of Ukraine, as well as any other country, which is covered by the UN Security Council sanctions list and its equivalent ("Prohibited Jurisdictions"). CoinBlockDesk does not work in Prohibited Jurisdictions. CoinBlockDesk reserves the right to choose its markets and jurisdictions to operate in and may at any time restrict the provision of services or refuse to do so to certain countries.;
3.1.4 you are at least 16 years old or of other legal age, according to your relevant jurisdiction;
3.1.5 you agree to pay the fees for Exchanges completed via Services as defined by CoinBlockDesk, which We may change from time to time;
3.1.6 there are risks, associated with Internet-based system, such as the failure of hardware, software, and Internet connections and with the Blockchain Protocol, such as any malfunction, unintended function, unexpected functioning of or attack on the Blockchain protocol;
3.1.7 you guarantee that your crypto assets belong to you and they are not sold, encumbered, not in contention, or under seizure, and that neither exist any rights of third parties to your crypto assets;
3.1.8 you shall provide correct information for constructing Exchange (e.g. pay in and payout wallet address). Such wallet addresses shall not be associated with terrorism, fraudulent, scam or any type of illegal activity.
3.2 You further represent, agree and warrant, that you will not violate any law, contract, third-party right or commit a tort by accessing or using the Services, and that you are solely responsible for your actions and/or inactions while using our Services. Without prejudice to the foregoing, you represent, agree and warrant, that YOU WILL NOT:
3.2.1 use our Services or will immediately cease using those if any applicable law in your country prohibits or will prohibit you at any time from doing so;
3.2.2 use our Services to participate in fraudulent, scam or any type of illegal activity;
3.2.3 exchange via our Services or attempt to pay-in crypto assets, which are obtained from illegal gambling activities; fraud; money-laundering; or terrorist activities; or any other illegal activities. With our Services the user can only use crypto assets, which are obtained from legal sources;
3.2.4 provide false, inaccurate, or misleading information;
3.2.5 attempt to modify, decompile, reverse-engineer or disassemble our software in any way;
3.2.6 use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
3.2.7 attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of our Services that you are not authorized to access;
3.2.8 develop any third-party applications that interact with our Services without our prior written consent;
3.2.9 Encourage or induce any third party to engage in any of the activities prohibited under this Section.
3.3 YOU INDEMNIFY AND HOLD US HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA OR LOSS OF ASSETS, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH INVALIDITY OR BREACH OF ANY OF THE PROVISIONS OF THIS SECTION AND THE ENTIRE TERMS.
4. Third-Party Content and Services
4.1 For the purposes hereof "Third-Party Content" shall mean the content provided by third parties, including without limitation links to web pages of such parties, which may be represented on the Website and other Services. At the same time "Third-party service" refers to any platform or network in which crypto assets belong to you or where you are the beneficial owner of crypto assets; and this platform is maintained by a third party outside of the Services; including, but not limited to third-party accounts.
4.2 No control over third-party services. You may be charged fees by the third-party service provider. CoinBlockDesk is not responsible for any third-party services' fees. You are solely responsible for your use of the third-party service, and you agree to comply with all terms and conditions applicable to any third-party service.
4.3 The exchange rates discrepancy is at any time possible due to the Third-Party algorithms. YOU INDEMNIFY AND HOLD CoinBlockDesk HARMLESS AGAINST ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE AFORESAID EXCHANGE RATES DISCREPANCY.
4.4 While using our Services, you may view Third-Party Content. We do not control, endorse or adopt (unless otherwise expressly stated by Us) any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
4.5 Our exchanger does not cooperate with exchanges such as Binance/Okx/Huobi. If you will make exchanges through these exchanges and the amount will exceed $ 200, the application will be frozen and it will be impossible to withdraw to these exchanges.
5. Intellectual Property
5.1 All our intellectual property assets ("IP") including but not limited to all copyrights, trademarks, patents, service marks, trade names, software code, icons, logos, characters, layouts, trade secrets, buttons, color scheme and graphics are protected by local and international intellectual property laws and treaties.
5.2 We hereby grant you a limited, nonexclusive and non-sublicensable license to access and use our IP for your personal use only.
5.3 In any case you may not alter, modify, reproduce, distribute or commercially exploit any materials, including text, graphics, video, audio, software code, user interface design or logos.
5.4 The license granted under this Section will automatically terminate if We suspend or terminate your access to the Services
5.5 In case you upload or share any feedback, suggestion, idea or other information or material ("Content") with us you automatically grant us a worldwide license to use your content. It becomes part of the public domain as long as it remains on our Website and Services. It can be used for marketing or any other purposes at our sole discretion.
6. Limitation of Liabilities
6.1 Except as expressly provided to the contrary in a writing by Us, our Services are provided on an "As is" and "As available" basis. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
6.2 Except as otherwise required by law, IN NO EVENT SHALL CoinBlockDesk, OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROMCoinBlockDesk, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM A FORCE MAJEURE EVENT, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CoinBlockDesk RECORDS, PROGRAMS OR SERVICES.
6.3 Exchanges via our Services cannot be canceled by CoinBlockDesk. Therefore, check the details of your exchange details before making such exchange. CoinBlockDesk is not responsible for your crypto assets once they have been sent outside of the Services. Moreover, CoinBlockDesk doesn’t guarantee the uptime of the exchange.
6.4 To the maximum extent permitted by applicable law, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CoinBlockDesk (INCLUDING OUR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES AND AGENTS), WHETHER IN CONTRACT, WARRANTY, TORT(INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, CoinBlockDesk OR TO THESE TERMS EXCEED THE FEES PAID BY YOU TO CoinBlockDesk WITHIN 3 MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
6.5 We strive to protect our users from fraudulent and scam activities in the sphere of crypto assets. It is possible, that some crypto assets are purposed for unlawful seizure of the property, or are construed as a fraud, scam or any other activity, recognized by the laws as illegal and/or non-compliant with legal requirements. We reserve the right to prohibit and discontinue any Exchanges via our Services with such crypto asset at our sole discretion, without any prior notice to you and without publication of the reason for such decision, whenever this comes to our knowledge. YOU INDEMNIFY AND HOLDCoinBlockDesk HARMLESS AGAINST ANY CLAIMS, DEMANDS AND DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ORIGINATED FROM OR IN ANY WAY CONNECTED WITH PROHIBITION AND DISCONTINUATION OF EXCHANGES IN OUR WEBSITE WITH ANY CRYPTO ASSET.
7.1 These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties regarding the Services.
7.2 In the event of any conflict between these Terms and any other agreement you may have with CoinBlockDesk, the terms of that other agreement will prevail only if these Terms are specifically identified and declared to be overridden by such other agreement.
7.3 Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
7.4 The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
7.5 You may not assign or transfer any of your rights or obligations under these Terms without prior written consent from CoinBlockDesk, including by operation of law or in connection with any change of control. CoinBlockDesk may assign or transfer any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
8. “Anti-Money Laundering” and “Know Your Customer” procedure
8.1 CoinBlockDesk service uses a risk assessment framework capable of tracking suspicious activities. If a transaction is spotted by the system, it is frozen and the User is asked to pass AML & KYС verification.
8.2 AML/KYC procedure includes confirming the identity of Users by means of: - A high-quality photo of their ID (passport or driving license) valid in their country; - Proof of the origin of funds; - Any other applicable documentation.
8.3 The CoinBlockDesk service has the legal right to freeze the application if there is any doubt about the origin of the funds. Freezing funds will be subject to an internal investigation. If it is confirmed that the funds were obtained illegally, all information will be sent to the SEC. A frozen order can only be unfrozen by making a transaction using a special code that will be given to you by technical support. To unfreeze a transaction, you will need to re-exchange in the amount of the total frozen amount. Full information regarding the defrosting procedure will be issued by a technical support agent in a telegram(@CoinBlockDesk)
8.3 If there is any reason to call into question the veracity, correctness, relevance or completeness of the information provided by User, CoinBlockDesk service is entitled to send User a notice to demand corrections or terminate all of the Services to the User.
8.4 CoinBlockDesk service can supply the information collected during AML/KYC procedure to the relevant authorities to respond to legal requirements