Last updated: August 7, 2018
1.1. Eligibility. To be eligible to use the Cryptotal Services, you must be at least 18 years old.
1.2. Cryptotal Services. Your Cryptotal account ("Cryptotal Account") encompasses the following basic Cryptotal services: One or more hosted Digital Currency wallets that allow users to store certain supported digital currencies, like Bitcoin or Ethereum ("Digital Currency"), and to track, transfer, and manage supported Digital Currencies (the "Hosted Digital Currency Wallet"); Digital Currency conversion services through which users can buy and sell Digital Currencies in transactions with Cryptotal (the "Conversion Services"); and a U.S. Dollar account for use in connection with other Cryptotal Services (a "USD Wallet" or "Currency Wallet") and for eligible users, a Digital Currency exchange platform (collectively the "Cryptotal Services"). The risk of loss in trading or holding Digital Currency can be substantial. You should therefore carefully consider whether trading or holding Digital Currency is suitable for you in light of your financial condition.
2.1. Registration of Cryptotal Account. In order to use the Cryptotal Services, you will need to register for a Cryptotal account (a "Cryptotal Account"). During the registration process, we will ask you for information, including your name and other personal information to verify your identity. We may, in our sole discretion, refuse to open a Cryptotal Account for you, or limit the number of Cryptotal Accounts that you may hold.
2.2. Identity Verification. During registration of your Cryptotal Account, you agree to provide us with the information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You will need to complete certain verification procedures before you are permitted to use the Cryptotal Services. Your access to one or more Cryptotal Services and the limits that apply to your use of the Cryptotal Services, may be altered as a result of information collected about you on an ongoing basis. The information we request may include certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, taxpayer identification number, a government identification, and information regarding your bank account (such as the name of the bank, the account type, routing number, and account number). In providing us with this or any other information that may be required, you confirm that the information is accurate and authentic. You agree to keep us updated if any of the information you provide changes. You authorize us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to credit reference and fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full. This is an identity check only and should have no adverse effect on your credit rating. Additionally, we may require you to wait some amount of time after completion of a transaction, before permitting you to use further Cryptotal Services and/or before permitting you to engage in transactions beyond certain volume limits. This includes authorizing your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to Cryptotal with your wireless operator account profile information for the duration of the business relationship.
3.1. In General. Your Hosted Digital Currency Wallet enables you to store, track and manage supported Digital Currencies contained in your Hosted Digital Currency Wallet. Upon verification a government issued identification card and a picture of yourself, you will have the ability to request, send and receive, and store Digital Currency from, third parties by giving instructions through the Cryptotal Site (each such transaction is a "Digital Currency Transaction").
Cryptotal reserves the right to refuse to process or to cancel any pending Digital Currency Transaction as required by law or in response to a subpoena, court order, or other binding government order or to enforce transaction limits. Cryptotal cannot reverse a Digital Currency Transaction which has been broadcast to a Digital Currency network. The Hosted Digital Currency Wallet services are available only in connection with those Digital Currency that Cryptotal, in its sole discretion, decides to support. The Digital Currency that Cryptotal supports may change from time to time. If you have any questions about which Digital Currencies Cryptotal currently supports, please visit https://cryptotal.io. Under no circumstances should you attempt to use your Hosted Digital Currency Wallet services to store, send, request, or receive digital currencies in any form that are not supported by Cryptotal. Cryptotal assumes no responsibility or liability in connection with any attempt to use Cryptotal Services for digital currencies that Cryptotal does not support.
3.2. Digital Currency Transactions. Cryptotal processes supported Digital Currency according to the instructions received from its users and we do not guarantee the identity of any user, receiver, requestee or other party. You should verify all transaction information prior to submitting instructions to Cryptotal. In the event you initiate a Digital Currency Transaction by entering the recipient's email address and the recipient does not have an existing Cryptotal Account, Cryptotal will email the recipient and invite them to open a Cryptotal Account. If the designated recipient does not open a Cryptotal Account within 30 days, Cryptotal will return the supported Digital Currency associated with the transaction to your Cryptotal Account. Once submitted to a Digital Currency network, a Digital Currency Transaction will be unconfirmed for a period of time pending sufficient confirmation of the transaction by the Digital Currency network. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and will not be included in your Cryptotal Account balance or be available to conduct transactions. Cryptotal may charge network fees (miner fees) to process a Digital Currency transaction on your behalf. Cryptotal will calculate the network fee in its discretion, although Cryptotal will always notify you of the network fee at or before the time you authorize the transaction. Cryptotal reserves the right to delay any Digital Currency Transaction if it perceives a risk of fraud or illegal activity.
3.3. Digital Currency Storage & Transmission Delays. Cryptotal securely stores all Digital Currency private keys in our control in a combination of online and offline storage. As a result, it may be necessary for Cryptotal to retrieve certain information from offline storage in order to facilitate a Digital Currency Transaction in accordance with your instructions, which may delay the initiation or crediting of such Digital Currency Transaction for 48 hours or more. You acknowledge and agree that a Digital Currency Transaction facilitated by Cryptotal may be delayed.
3.4. Third Party Payments. Cryptotal has no control over, or liability for, the delivery, quality, safety, legality or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of Cryptotal Services). Cryptotal is not responsible for ensuring that a buyer or a seller you may transact with will actually complete the transaction or is authorized to do so. If you experience a problem with any goods or services purchased from, or sold to, a third party in connection with Digital Currency transferred using the Cryptotal Services, or if you have a dispute with such third party, you must resolve the dispute directly with that third party. If you believe a third party has behaved in a fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Cryptotal Support at https://cryptotal.io so that we may consider what action to take, if any.
3.5. Cryptotal Vault. You may elect to use the Cryptotal Vault to store supported Digital Currency. The Cryptotal Vault allows users to set withdrawal time-delays and/or to require the electronic approval of multiple individuals designated by the user before transfers may be completed. Cryptotal also offers an advanced Vault which allows users the option to view, control, and distribute private keys of associated Digital Currency to multiple third parties whose majority approval will be required to transfer associated Digital Currency (the "Multisig Vault"). Cryptotal cannot restore encrypted private keys or otherwise recover private keys which are not within Cryptotal's control. If you use the Multisig Vault you acknowledge that Cryptotal is not responsible for transferring, safeguarding, or maintaining private keys and/or Digital Currency associated with the Vault. If you and/or co-signing authorities lose, mishandle, or have stolen associated Digital Currency private keys, or if your cosigners refuse to provide requisite authority, you acknowledge that you may not be able to recover associated Digital Currency, and that Cryptotal is not responsible for such loss.
3.6. Customized Cryptotal Payment Page. In some cases, you may establish a customizable payment page ("Payment Page") which will allow others to easily send Digital Currency to your Cryptotal Account. You may establish and customize your Payment Page through your Cryptotal Account settings, which will allow you to establish a user handle and associated Payments Page URL, upload a photo, and provide a short description. In establishing your Payment Page and uploading or adding any text, photo, or other material, you agree that you will not (i) post misleading materials or misappropriate the identity of another person or entity, (ii) post any copyrighted material which you are not authorized to post, or (iii) post any profane, unlawful, or offensive materials. Cryptotal, in its sole discretion, may disable your Payment Page and take other action in accordance with this Agreement if we believe you are in violation of the foregoing or abusing this service. Cryptotal may reclaim user handles associated with dormant Cryptotal Accounts. Cryptotal does not guarantee or endorse the purported identity, message, or other information posted by a user to the user's Payment Page.
3.7 Advanced Protocols. Unless specifically announced on our website or through some other official public statement of Cryptotal, we do not support metacoins, colored coins, side chains, or other derivative, enhanced, or forked protocols, tokens, or coins which supplement or interact with a Digital Currency supported by Cryptotal (collectively, “Advanced Protocols”). Do not use your Cryptotal Account to attempt to receive, request, send, store, or engage in any other type of transaction involving an Advanced Protocol. The Cryptotal platform is not configured to detect and/or secure Advanced Protocol transactions and Cryptotal assumes absolutely no responsibility whatsoever in respect to Advanced Protocols.
3.8 Operation of Digital Currency Protocols. Cryptotal does not own or control the underlying software protocols which govern the operation of Digital Currencies supported on our platform. In general, the underlying protocols are open source and anyone can use, copy, modify, and distribute them. By using the Cryptotal platforms, you acknowledge and agree (i) that Cryptotal is not responsible for operation of the underlying protocols and that Cryptotal makes no guarantee of their functionality, security, or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may materially affect the value, function, and/or even the name of the Digital Currency you store in the Cryptotal platform. In the event of a fork, you agree that Cryptotal may temporarily suspend Cryptotal operations (with or without advance notice to you) and that Cryptotal may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that Cryptotal assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.
4.1. In General. Eligible users in certain jurisdictions may buy or sell supported Digital Currency through the Conversion Services. The Conversion Services are subject to the Cryptotal "Conversion Rate" for the given transaction. "Conversion Rate" means the price of a given supported Digital Currency amount in terms of Fiat Currency or other Digital Currency as quoted on the Cryptotal Site. The Conversion Rate is stated either as a "Buy Price" or as a "Sell Price," which is the price in terms of Fiat Currency or Digital Currency at which you may buy or sell supported Digital Currency to Cryptotal. You acknowledge that the quoted Buy Price Conversion Rate may not be the same as the Sell Price Conversion Rate at any given time, and that Cryptotal may add a margin or “spread” to the quoted Conversion Rate. You agree, as a condition of using any Cryptotal Conversion Services, to accept the Conversion Rate as the sole conversion metric. Cryptotal reserves the right to delay any Conversion Service transaction if it perceives a risk of fraud or illegal activity. Cryptotal does not guarantee the availability of its Conversion Service, and the act of purchasing supported Digital Currency from Cryptotal does not result in a guarantee that you may sell your supported Digital Currency to Cryptotal.
4.2. Purchase Transactions. After successfully completing the Verification Procedures, you may purchase supported Digital Currency by linking a valid payment method. You authorize Cryptotal to initiate debits from your selected payment method(s) in settlement of purchase transactions. A Conversion Fee (defined below) applies to all purchase transactions. Although Cryptotal will attempt to deliver supported Digital Currency to you as promptly as possible, funds may be debited from your selected payment method before Digital Currency is delivered to your Cryptotal Account. We may debit your selected payment method, such as your bank account or credit card, as soon as the same day you initiate the purchase but your payment may take three or more business days to process. We will make best efforts to fulfill all transactions, but in the rare circumstance where Cryptotal cannot fulfill your purchase order, we will notify you and seek your approval to fulfill the purchase order at the contemporaneous Buy Price Conversion Rate. To secure the performance of your obligations under this Agreement, you grant to Cryptotal a lien on and security interest in and to the balances in your account.
4.3. Sale Transactions. After successfully completing the Verification Procedures, you may sell supported Digital Currency by linking a valid payment method. You authorize Cryptotal to debit your Cryptotal Account(s) and initiate payments to your selected payment method(s) in settlement of sell transactions. An applicable Conversion Fee (defined below) applies to all sale transactions. Your receipt of funds will depend on the payment type, and may take up to three or more business days.
4.4. Conversion Fees. Each Conversion Service transaction is subject to a fee (a "Conversion Fee"). The applicable Conversion Fee is displayed to you on the Cryptotal Site prior to you completing a Conversion Service transaction. Cryptotal will not process a conversion transaction if the Conversion Fee and any other associated fees as may apply, such as wire transfer fees, exceed the value of your transaction. Cryptotal may waive some portion of the Conversion Fee depending on the payment method you select. The availability of each Payment Method depends on a number of factors, including but not limited to your location, the identification information you have provided to us, and limitations imposed by third party payment processors.
You can view the current fee applicable to your location and payment method at our Fees page.
Cryptotal reserves the right to adjust its Conversion Fees and any applicable waivers at any time. We will always notify you of the Conversion Fee which applies to your transaction when you authorize the transaction and in each receipt we issue to you.
4.5. Reversals; Cancellations. You cannot cancel, reverse, or change any transaction marked as complete or pending. If your payment is not successful or if your payment method has insufficient funds, you authorize Cryptotal, in its sole discretion, either to cancel the transaction or to debit your other payment methods, including Cryptotal balances or other linked accounts, in any amount necessary to complete the transaction. You are responsible for maintaining an adequate balance and/or sufficient credit limits in order to avoid overdraft, NSF, or similar fees charged by your payment provider. Cryptotal reserves the right to refuse to process, or to cancel or reverse, any purchases or sales of Digital Currency in its sole discretion, even after funds have been debited from your account(s), if Cryptotal suspects the transaction involves (or has a high risk of involvement in) money laundering, terrorist financing, fraud, or any other type of financial crime; in response to a subpoena, court order, or other government order; if Cryptotal reasonably suspects that the transaction is erroneous; or if Cryptotal suspects the transaction relates to Prohibited Use or a Prohibited Business as set forth below. In such instances, Cryptotal will reverse the transaction and we are under no obligation to allow you to reinstate a purchase or sale order at the same price or on the same terms as the cancelled transaction.
4.7. Payment Services Partners. Cryptotal may use a third party payment processor to process any US Dollar payment between you and Cryptotal, including but not limited to payments in relation to your use of the Conversion Service or deposits or withdrawals from your USD Wallet.
5.1. USD Wallets. Certain approved users may establish and fund a U.S. Dollar balance ("USD Wallet") to facilitate transactions on the Cryptotal platforms. You are the owner of the balance of your USD Wallet. Cryptotal holds your USD balance in dedicated custodial accounts with a financial institution.
5.2. Deposits and Withdrawals. You may initiate a transfer from your linked bank account to fund your USD Wallet. Cryptotal will not charge a fee for you to transfer funds to or from Cryptotal, but bank transfer fees may apply. Funds sent via bank wire (if permitted by Cryptotal) are subject to additional wire fees. For deposits, Cryptotal will credit your USD Wallet a corresponding amount of dollars after funds are delivered to Cryptotal, typically within two to three business days after you authorize a deposit, although we may debit your linked payment method as soon as the same day you initiate the transfer. For withdrawals, Cryptotal will immediately debit your USD Wallet when you authorize a withdrawal and funds will typically settle to you within two to three business days. Bank fees are netted out of transfers to or from Cryptotal. We will not process a transfer if associated bank fees exceed the value of the transfer.
6.1. Limited License. We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Cryptotal Site, and related content, materials, information (collectively, the "Content") solely for approved purposes as permitted by Cryptotal from time to time. Any other use of the Cryptotal Site or Content is expressly prohibited and all other right, title, and interest in the Cryptotal Site or Content is exclusively the property of Cryptotal and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. "Cryptotal.io", "Cryptotal", and all logos related to the Cryptotal Services or displayed on the Cryptotal Site are either trademarks or registered marks of Cryptotal or its licensors. You may not copy, imitate or use them without Cryptotal's prior written consent.
6.2. Website Accuracy. Although we intend to provide accurate and timely information on the Cryptotal Site, the Cryptotal Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Cryptotal Site are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Cryptotal Site,
6.3. Third-Party Applications. If, to the extent permitted by Cryptotal from time to time, you grant express permission to a third party to access or connect to your Cryptotal Account, either through the third party's product or service or through the Cryptotal Site, 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. You are fully responsible for all acts or omissions of any third party with access to your Cryptotal Account. Further, you acknowledge and agree that you will not hold Cryptotal responsible for, and will indemnify Cryptotal from, any liability arising out of or related to any act or omission of any third party with access to your Cryptotal Account. You may change or remove permissions granted by you to third parties with respect to your Cryptotal Account at any time through the Account Settings (Integrations) page on the Cryptotal Site.
6.4. Prohibited Use. In connection with your use of the Cryptotal Services, and your interactions with other users, and third parties you agree and represent you will not engage in any Prohibited Business or Prohibited Use defined herein. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Cryptotal Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Use and/or a Prohibited Business.
6.5. Transactions Limits. The use of all Cryptotal Services is subject to a limit on the amount of volume, stated in U.S. Dollar terms, you may transact or transfer in a given period (e.g., daily). To view your limits, login to your Cryptotal Account and visit https://www.cryptotal.io. Your transaction limits may vary depending on your payment method, verification steps you have completed, and other factors. Cryptotal reserves the right to change applicable limits as we deem necessary in our sole discretion. If you wish to raise your limits beyond the posted amounts, you may submit a request at https://www.cryptotal.io. We may require you to submit additional information about yourself or your business, provide records, and arrange for meetings with Cryptotal staff (such process, "Enhanced Due Diligence"). Cryptotal reserves the right to charge you costs and fees associated with Enhanced Due Diligence, provided that we notify you in advance of any such charges accruing. In our sole discretion, we may refuse to raise your limits or we may lower your limits at a subsequent time even if you have completed Enhanced Due Diligence.
6.6. Suspension, Termination, and Cancellation. Cryptotal may: (a) suspend, restrict, or terminate your access to any or all of the Cryptotal Services, and/or (b) deactivate or cancel your Cryptotal Account if:
If Cryptotal suspends or closes your account, or terminates your use of Cryptotal Services for any reason, we will provide you with notice of our actions unless a court order or other legal process prohibits Cryptotal from providing you with such notice. You acknowledge that Cryptotal's decision to take certain actions, including limiting access to, suspending, or closing your account, may be based on confidential criteria that are essential to Cryptotal's risk management and security protocols. You agree that Cryptotal is under no obligation to disclose the details of its risk management and security procedures to you.
You will be permitted to transfer Digital Currency or funds associated with your Hosted Digital Currency Wallet(s) and/or your USD Wallet(s) for ninety (90) days after Account deactivation or cancellation unless such transfer is otherwise prohibited (i) under the law, including but not limited to applicable sanctions programs, or (ii) by a facially valid subpoena or court order. You may cancel your Cryptotal Account at any time by withdrawing all balances and visiting https://www.cryptotal.io/settings/cancel. You will not be charged for canceling your Cryptotal Account, although you will be required to pay any outstanding amounts owed to Cryptotal. You authorize us to cancel or suspend any pending transactions at the time of cancellation.
6.7. Relationship of the Parties. Cryptotal is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Cryptotal to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Cryptotal to be treated as the agent of the other.
6.8. Privacy of Others;Marketing. If you receive information about another user through the Cryptotal Services, you must keep the information confidential and only use it in connection with the Cryptotal Services. You may not disclose or distribute a user's information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user's express consent to do so. You may not send unsolicited email to a user through the Cryptotal Services.
6.9. Password Security; Contact Information. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, personal identification numbers (PINs), API keys or any other codes that you use to access the Cryptotal Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Cryptotal Account by third-parties and the loss or theft of any Digital Currency and/or funds held in your Cryptotal Account and any associated accounts, including your linked bank account(s) and credit card(s). You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials due to no fault of Cryptotal and/or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your Cryptotal Account information has been compromised, contact Cryptotal Support immediately at email@example.com, or report your claim by phone at (888) 908-7930.
6.10. Taxes. It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Cryptotal Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your Cryptotal Account.
6.11. Unclaimed Property. If Cryptotal is holding funds in your account, and Cryptotal is unable to contact you and has no record of your use of the Services for several years, applicable law may require Cryptotal to report these funds as unclaimed property to the applicable jurisdiction. If this occurs, Cryptotal will try to locate you at the address shown in our records, but if Cryptotal is unable to locate you, it may be required to deliver any such funds to the applicable state or jurisdiction as unclaimed property. Cryptotal reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
7.1. Contact Cryptotal. If you have any feedback, questions, or complaints, contact us via our Customer Support webpage at https://www.cryptotal.io or write to us at Cryptotal Customer Support, [CRYPTOTAL MAILING ADDRESS]. When you contact us please provide us with your name, address, and any other information we may need to identify you, your Cryptotal Account, and the transaction on which you have feedback, questions, or complaints. If you believe your account has been compromised, you may also report your claim by calling (888) 908-7930.
7.2. Arbitration; Waiver of Class Action. If you have a dispute with Cryptotal, we will attempt to resolve any such disputes through our support team. If we cannot resolve the dispute through our support team, you and we agree that any dispute arising under this Agreement shall be finally settled in binding arbitration, on an individual basis, in accordance with the American Arbitration Association's rules for arbitration of consumer-related disputes (accessible at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf) and you and Cryptotal hereby expressly waive trial by jury and right to participate in a class action lawsuit or class-wide arbitration. The arbitration will be conducted by a single, neutral arbitrator and shall take place in the county or parish in which you reside, or another mutually agreeable location, in the English language. The arbitrator may award any relief that a court of competent jurisdiction could award, including attorneys' fees when authorized by law, and the arbitral decision may be enforced in any court. At your request, hearings may be conducted in person or by telephone and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys' fees.
8.1. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms 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 reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Cryptotal. Always log into your Cryptotal Account through the Cryptotal Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
8.2. Release of Cryptotal; Indemnification. If you have a dispute with one or more users of the Cryptotal services, you release Cryptotal, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, 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. You agree to indemnify and hold Cryptotal, its affiliates and Service Providers, and each of its or their respective officers, directors, agents, joint venturers, employees and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of this Agreement or your violation of any law, rule or regulation, or the rights of any third party.
8.3. Limitation of Liability; No Warranty. IN NO EVENT SHALL CRYPTOTAL, ITS AFFILIATES AND SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES OR REPRESENTATIVES, BE LIABLE (A) FOR ANY AMOUNT GREATER THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY ON DEPOSIT IN YOUR CRYPTOTAL ACCOUNT OR (B) FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF THE CRYPTOTAL SITE OR THE CRYPTOTAL SERVICES, OR THIS AGREEMENT, EVEN IF AN AUTHORIZED REPRESENTATIVE OF CRYPTOTAL HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT CRYPTOTAL FAILED TO PROCESS A BUY OR SELL TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITES, OR OTHER TYPES OF SPECIAL, INCIDENTIAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES IN EXCESS OF THE VALUE OF THE SUPPORTED DIGITAL CURRENCY AT ISSUE IN THE TRANSACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE CRYPTOTAL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRYPTOTAL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. CRYPTOTAL DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SITE, ANY PART OF THE CRYPTOTAL SERVICES, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
Cryptotal makes no representations about the accuracy or completeness of historical Digital Currency price data available on the Site. Cryptotal 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 Cryptotal makes no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
IF YOU ARE A NEW JERSEY RESIDENT, the provisions of this Section 8.3 are intended to apply only to the extent permitted under New Jersey law.
8.5. Amendments. We may amend or modify this Agreement by posting on the Cryptotal Site or emailing to you the revised Agreement, and the revised Agreement shall be effective at such time. If 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 for any modification or termination of the Cryptotal Services, or suspension or termination of your access to the Cryptotal Services, except to the extent otherwise expressly set forth herein. If the revised Agreement includes a material change, we will endeavor to provide you advanced notice via our website and/or email before the material change becomes effective.
8.6. Assignment. You may not assign any rights and/or licenses granted under this Agreement. We reserve the right to assign our rights without restriction, including without limitation to any Cryptotal affiliates or subsidiaries, or to any successor in interest of any business associated with the Cryptotal Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
8.7. Severability. If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
8.8. Change of Control. In the event that Cryptotal is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
8.9. Survival. All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, including, without limitation, sections pertaining to suspension or termination, Cryptotal Account cancellation, debts owed to Cryptotal, general use of the Cryptotal Site, disputes with Cryptotal, and general provisions, shall survive the termination or expiration of this Agreement.
8.10. Governing Law. You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Cryptotal, except to the extent governed by federal law.
8.11. Force Majeure. We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
8.12. English Language Controls. Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
8.13. Non-Waiver of Rights. This agreement shall not be construed to waive rights that cannot be waived under applicable state money transmission laws in the state where you are located.
You may not use your Cryptotal Account to engage in the following categories of activity ("Prohibited Uses"). The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Cryptotal Services involves a Prohibited Use, or have questions about how these requirements apply to you, please contact us at https://cryptotal.io. By opening a Cryptotal Account, you confirm that you will not use your Account to do any of the following:
Unlawful Activity: Activity which would violate, or assist in violation of, any law, statute, ordinance, or regulation, sanctions programs administered in the countries where Cryptotal conducts business, including but not limited to the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"), or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any unlawful material or information
Abusive Activity: Actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information; transmit or upload any material to the Cryptotal Site that contains viruses, trojan horses, worms, or any other harmful or deleterious programs; attempt to gain unauthorized access to the Cryptotal Site, other Cryptotal Accounts, computer systems or networks connected to the Cryptotal Site, through password mining or any other means; use Cryptotal Account information of another party to access or use the Cryptotal Site, except in the case of specific Merchants and/or applications which are specifically authorized by a user to access such user's Cryptotal Account and information; or transfer your account access or rights to your account to a third party, unless by operation of law or with the express permission of Cryptotal
Abuse Other Users: Interfere with another individual's or entity's access to or use of any Cryptotal Services; defame, abuse, extort, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Cryptotal Site about others, including without limitation email addresses, without proper consent
Fraud: Activity which operates to defraud Cryptotal, Cryptotal users, or any other person; provide any false, inaccurate, or misleading information to Cryptotal
Gambling: Lotteries; bidding fee auctions; sports forecasting or odds making; fantasy sports leagues with cash prizes; internet gaming; contests; sweepstakes; games of chance
Intellectual Property Infringement: Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including but not limited to sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder; use of Cryptotal intellectual property, name, or logo, including use of Cryptotal trade or service marks, without express consent from Cryptotal or in a manner that otherwise harms Cryptotal or the Cryptotal brand; any action that implies an untrue endorsement by or affiliation with Cryptotal
In addition to the Prohibited Uses described above, the following categories of businesses, business practices, and sale items are barred from Cryptotal Services ("Prohibited Businesses"). Most Prohibited Businesses categories are imposed by Card Network rules or the requirements of our banking providers or processors. The specific types of use listed below are representative, but not exhaustive. If you are uncertain as to whether or not your use of Cryptotal Services involves a Prohibited Business, or have questions about how these requirements apply to you, please contact us at https://cryptotal.io.
By opening a Cryptotal Account, you confirm that you will not use Cryptotal Services in connection with any of following businesses, activities, practices, or items:
Investment and Credit Services: Securities brokers; mortgage consulting or debt reduction services; credit counseling or repair; real estate opportunities; investment schemes
Restricted Financial Services: Check cashing, bail bonds; collections agencies.
Intellectual Property or Proprietary Rights Infringement: Sales, distribution, or access to counterfeit music, movies, software, or other licensed materials without the appropriate authorization from the rights holder
Counterfeit or Unauthorized Goods: Unauthorized sale or resale of brand name or designer products or services; sale of goods or services that are illegally imported or exported or which are stolen
Regulated Products and Services: Marijuana dispensaries and related businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; toxic, flammable, and radioactive materials; products and services with varying legal status on a state-by-state basis
Drugs and Drug Paraphernalia: Sale of narcotics, controlled substances, and any equipment designed for making or using drugs, such as bongs, vaporizers, and hookahs
Pseudo-Pharmaceuticals: Pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body
Substances designed to mimic illegal drugs: Sale of a legal substance that provides the same effect as an illegal drug (e.g., salvia, kratom)
Adult Content and Services: Pornography and other obscene materials (including literature, imagery and other media); sites offering any sexually-related services such as prostitution, escorts, pay-per view, adult live chat features
Multi-level Marketing: Pyramid schemes, network marketing, and referral marketing programs
Unfair, predatory or deceptive practices: Investment opportunities or other services that promise high rewards; Sale or resale of a service without added benefit to the buyer; resale of government offerings without authorization or added value; sites that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers
High risk businesses: any businesses that we believe poses elevated financial risk, legal liability, or violates card network or bank policies
Express written consent and approval from Cryptotal must be obtained prior to using Cryptotal Services for the following categories of business and/or use ("Conditional Uses"). Consent may be requested by contacting us at https://cryptotal.io. Cryptotal may also require you to agree to additional conditions, make supplemental representations and warranties, complete enhanced on-boarding procedures, and operate subject to restrictions if you use Cryptotal Services in connection with any of following businesses, activities, or practices:
Money Services: Money transmitters, Digital Currency transmitters; currency or Digital Currency exchanges or dealers; gift cards; prepaid cards; sale of in-game currency unless the merchant is the operator of the virtual world; act as a payment intermediary or aggregator or otherwise resell any of the Cryptotal Services
Charities: Acceptance of donations for nonprofit enterprise
Games of Skill: Games which are not defined as gambling under this Agreement or by law, but which require an entry fee and award a prize
Religious/Spiritual Organizations: Operation of a for-profit religious or spiritual organization
As a regulated financial service company operating in the US we are required to identify users on our platform. This ensures we remain in compliance with KYC/AML laws in the jurisdictions in which we operate, something that is necessary for us to be able to continue to offer digital currency exchange services to our customers. Cryptotal collects and verifies information about you in order to: (a) protect Cryptotal and the community from fraudulent users, and (b) to keep appropriate records of Cryptotal's customers. Your daily or weekly Conversion limits, Instant Buy limits, USD Wallet transfer limits, and limits on transactions from a linked payment method are based on the identifying information and/or proof of identity you provide to Cryptotal.
All U.S. customers who wish to use Cryptotal Services are required to establish a Cryptotal Account by:
All U.S. customers who wish to send and received Digital Currency on to the block chain are required to:
Notwithstanding these minimum verification procedures for the referenced Cryptotal Services, Cryptotal may require you to provide or verify additional information, or to wait some amount of time after completion of a transaction, before permitting you to use any Cryptotal Services and/or before permitting you to engage in transactions beyond certain volume limits. You may determine the volume limits associated with your level of identity verification by visiting your account's Limits page.
You may contact us at https://www.cryptotal.io to request larger limits. Cryptotal will require you to submit to Enhanced Due Diligence. Additional fees and costs may apply, and Cryptotal does not guarantee that we will raise your limits.
This policy describes how Cryptotal delivers communications to you electronically. We may amend this policy at any time by providing a revised version on our website. The revised version will be effective at the time we post it. We will provide you with prior notice of any material changes via our website.
Electronic Delivery of Communications
You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your Cryptotal Account and your use of Cryptotal Services. Communications include:
We will provide these Communications to you by posting them on the Cryptotal website, emailing them to you at the primary email address listed in your Cryptotal profile, communicating to you via instant chat, and/or through other electronic communication such as text message or mobile push notification.
Hardware and Software Requirements
In order to access and retain electronic Communications, you will need the following computer hardware and software:
How to Withdraw Your Consent
You may withdraw your consent to receive Communications electronically by contacting us at https://www.cryptotal.io. If you fail to provide or if you withdraw your consent to receive Communications electronically, Cryptotal reserves the right to immediately close your Account or charge you additional fees for paper copies.
Updating your Information
It is your responsibility to provide us with a true, accurate and complete e-mail address and your contact information, and to keep such information up to date. You understand and agree that if Cryptotal sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, Cryptotal will be deemed to have provided the Communication to you.
You may update your information by logging into your account and visiting settings or by contacting our support team at https://www.cryptotal.io.
Cryptotal customer support strives to resolve issues as swiftly as possible. Every member of our team will earnestly try to help with any inquiry. Our customers have a right to be heard, understood, and respected. However, there are situations that can make it difficult for our support team to resolve some requests. In some cases, when an individual becomes threatening or abusive to our staff, we must draw the line.
We understand dealing with payment issues can be stressful, and we want to hear our customers’ concerns. Nevertheless, if that frustration becomes aggressive, threatening, or disparaging towards our staff, we consider that behavior unacceptable and may refuse to provide additional service. All threats of violence are reported to authorities and Cryptotal reserves the right to close the account of any customer making such threats. Everyone has a right to feel safe at work, and that is no different for Cryptotal.
Cryptotal chooses to protect our staff and say no to abusive behavior. We strive to offer the best support in the digital assets industry, but when a customer mistreats our staff with abusive or threatening language, we reserve the right to end the business relationship with that customer.
Thank you for understanding our need to create a respectful and safe workplace. We are happy to help our customers use Cryptotal, but the right to that support comes with an expectation of thoughtful, considerate behavior and communication. Please feel free to contact us for more information or clarification on this policy.